Harsco Corporation et al v. Bartek et al
| Harsco Corporation and Protran Technology LLC |
| Peter Bartek, Railserve, Inc., The Marmon Group, LLC and Focused Technology, Inc. |
| 1:2019cv00194 |
| February 4, 2019 |
| US District Court for the Middle District of Pennsylvania |
| Martin C Carlson |
| John E Jones |
| Contract: Other |
| Defendant |
Docket Report
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Filing 39
ORDER Approving Stipulated Protective Order. Signed by Magistrate Judge Martin C. Carlson on April 4, 2019. (Attachments: #1 Appendix)(kjn)
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| DOCKET ANNOTATION: Attachement #1 to document #38 replaced to remove personal identifiers. (ma) |
| Filing 38 BRIEF IN OPPOSITION re #33 MOTION to Dismiss First Amended Verified Complaint filed by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Declaration of Counsel with Exhibits, #2 Declaration of Josh Westhafer)(Sutherland, Shannon) (Attachment 1 replaced on 4/2/2019) (ma). |
| Filing 37 SPECIAL ADMISSIONS FORM APPROVED as to Danielle M. Dwyer, Esq. Signed by Magistrate Judge Martin C. Carlson on April 1, 2019. (kjn) |
| Filing 36 AFFIDAVIT of Service for Affidavit of Service of Subpoena served on MB Turnkey Design Limited Liability Company on March 28, 2019, filed by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Certificate of Service)(Sutherland, Shannon) |
| Filing 35 Proposed Pretrial Order re Defendants' Motion to Dismiss by Focused Technology, Inc., Railserve, Inc., The Marmon Group, LLC. (Fleming, Joshua) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order for Doc. 33. (dmn) |
| Filing 34 BRIEF IN SUPPORT re #33 MOTION to Dismiss First Amended Verified Complaint filed by Focused Technology, Inc., Railserve, Inc., The Marmon Group, LLC. (Attachments: #1 Exhibit(s) A - Benjamin Declaration, #2 Exhibit(s) B - Bartek Declaration, #3 Exhibit(s) C - Mann Declaration, #4 Exhibit(s) D - Unpublished Cases)(Fleming, Joshua) |
| Filing 33 MOTION to Dismiss First Amended Verified Complaint by Focused Technology, Inc., Railserve, Inc., The Marmon Group, LLC.(Fleming, Joshua) |
| Filing 32 ANSWER to #20 Amended Complaint , Additional Defenses and Jury Demand by Peter Bartek.(Fleming, Joshua) |
| Filing 31 BRIEF IN OPPOSITION re #8 MOTION for Preliminary Injunction filed by Peter Bartek, Focused Technology, Inc., Railserve, Inc., The Marmon Group, LLC. (Attachments: #1 Exhibit(s) 1 - Bartek Bio, #2 Exhibit(s) 2 - Purchase Agreement, #3 Exhibit(s) 3 - Employment Agreement, #4 Exhibit(s) 4 - Holmstrom LinkedIn, #5 Exhibit(s) 5 - Progressive Railroading, #6 Exhibit(s) 6 - 9-5-18 Ltr from Taylor, #7 Exhibit(s) 7 - 10-8-18 Ltr from Plaintiffs, #8 Exhibit(s) 8 - 10-8-18 Ltr from Plaintiffs, #9 Exhibit(s) 9 - 10-25-10 Ltr from Fleming, #10 Exhibit(s) 10 - 10-29-18 Ltr from Durham, #11 Exhibit(s) 11 - 11-9-18 Ltr from Fleming, #12 Exhibit(s) 12 - 11-29-18 Ltr from Sutherland, #13 Exhibit(s) 13 - 12-10-18 Ltr from Fleming, #14 Exhibit(s) 14 - Prov. Pat. App., #15 Exhibit(s) 15 - Development Agreement, #16 Exhibit(s) 16 - Termination Agreement, #17 Exhibit(s) 17 - Hind's Agreement, #18 Exhibit(s) 18 - Unpublished Cases)(Fleming, Joshua) |
| Filing 30 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Focused Technology, Inc.. (Bradshaw, Mark) |
| Filing 29 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Railserve, Inc.. (Bradshaw, Mark) |
| Filing 28 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by The Marmon Group, LLC. (Bradshaw, Mark) |
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Filing 27
ORDER APPROVING #25 Stipulated Order Concerning Expedited Discovery and Preliminary Injunction Schedule filed by Protran Technology LLC, Harsco Corporation. Signed by Magistrate Judge Martin C. Carlson on March 5, 2019. (kjn)
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| Filing 26 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Shannon Hampton Sutherland on behalf of Harsco Corporation, Protran Technology LLC Attorney Danielle M. Dwyer is seeking special admission. Filing fee $ 50, receipt number 0314-4691234.. (Sutherland, Shannon) |
| DOCKET ANNOTATION: Petitioner Danielle Dwyer and Associate Counsel Shannon Hampton Sutherland - bar status verified. (dmn) |
| Filing 25 Proposed Pretrial Order [Stipulated Order Concerning Expedited Discovery and Preliminary Injunction Schedule] by Harsco Corporation, Protran Technology LLC. (Sutherland, Shannon) |
| Filing 24 SPECIAL ADMISSIONS FORM APPROVED as to Joshua Bowser Fleming adn Johanna M. Wilbert (eo) |
| Filing 23 Summons Issued as to Peter Bartek, Focused Technology, Inc., Railserve, Inc., The Marmon Group, LLC and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the amended complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (dmn) |
| DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa) |
| Filing 22 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mark D. Bradshaw on behalf of Railserve, Inc., Peter Bartek Attorney Johanna M. Wilbert is seeking special admission. Filing fee $ 50, receipt number 0314-4687893., filed by on behalf of Railserve, Inc., Peter Bartek.(Bradshaw, Mark) |
| Filing 21 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mark D. Bradshaw on behalf of Railserve, Inc., Peter Bartek Attorney Joshua Fleming is seeking special admission. Filing fee $ 50, receipt number 0314-4687884., filed by on behalf of Railserve, Inc., Peter Bartek.(Bradshaw, Mark) |
| Filing 20 AMENDED COMPLAINT First Amended Verified Complaint against All Defendants, filed by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Exhibit(s))(Sutherland, Shannon) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Susan E. Schwab on 2/25/2019. (ktt)
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Filing 18
ORDER REFERRING case to Chief Magistrate Judge Schwab for referral of matters to U.S. Magistrate Judge. 1. This matter is referred to Chief Magistrate Judge Susan Schwab forassignment to a magistrate judge to convene a discovery conferenceaddressing Plaintiffs Motion for Expedited Discovery, as well as anyother discovery issues that need to be resolved in advance of apreliminary injunction hearing.2. Defendants brief in opposition to Plaintiffs Motion for PreliminaryInjunction shall be filed no later than February 28, 2019, unless theparties agree to a modest extension of time. Should the parties agree tosuch an extension, they shall notify the Court by filing a letter on thedocket.3. A preliminary injunction hearing will be promptly scheduled followingthe resolution of the discovery issues. (eo)
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| Filing 16 NOTICE of Appearance by Mark D. Bradshaw on behalf of Peter Bartek (Bradshaw, Mark) |
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Filing 15
SCHEDULING ORDER: Telephone Status Conference set for 2/22/2019 12:30 PM before Honorable John E. Jones III. (eo)
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| Filing 14 BRIEF IN SUPPORT re #8 MOTION for Preliminary Injunction filed by Harsco Corporation. (Attachments: #1 Declaration Of Counsel, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M)(Sutherland, Shannon) |
| Filing 13 BRIEF IN SUPPORT re #10 MOTION to Expedite Motion for Expedited Discovery filed by Harsco Corporation.(Sutherland, Shannon) |
| Filing 12 Letter from Mark D. Bradshaw REQUEST FOR CONFERENCE TO DISCUSS HEARING AND DISCOVERY SCHEDULE RE: PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (Bradshaw, Mark) |
| Filing 11 NOTICE of Appearance by Mark D. Bradshaw on behalf of Railserve, Inc. (Bradshaw, Mark) |
| DOCKET ANNOTATION: Counsel is advised to refile the Memorandum of Law in Support (Doc. 8-1) using event: Civil Events Motions and Related Filings Responses and Replies (Briefs) - Brief in Support (Do not use for Summary Judgment Motions) - Do not refile the Motion. (dmn) |
| DOCKET ANNOTATION: Counsel is advised to refile the Memorandum of Law in Support (Doc. 10-1) using event: Civil Events Motions and Related Filings Responses and Replies (Briefs) - Brief in Support (Do not use for Summary Judgment Motions) - Do Not Refile the Motion. (dmn) |
| Filing 10 MOTION to Expedite Motion for Expedited Discovery by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Memo Memorandum of Law in Support of Motion for Expedited Discovery, #2 Certificate of Nonconcurrence, #3 Proposed Order Proposed Order Granting Expedited Discovery)(Sutherland, Shannon) |
| Filing 9 MOTION for Order Proposed Order Granting Preliminary Injunction by Harsco Corporation, Protran Technology LLC.(Sutherland, Shannon) |
| Filing 8 MOTION for Preliminary Injunction by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Memo Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Declaration Declaration of Counsel filed with Motion for Preliminary Injunction, #3 Certificate of Nonconcurrence, #4 Exhibit(s) Exhibit A to Declaration of Counsel, #5 Exhibit(s) Exhibit B to Declaration of Counsel, #6 Exhibit(s) Exhibit C to Declaration of Counsel, #7 Exhibit(s) Exhibit D to Declaration of Counsel, #8 Exhibit(s) Exhibit E to Declaration of Counsel, #9 Exhibit(s) Exhibit F to Declaration of Counsel, #10 Exhibit(s) Exhibit G to Declaration of Counsel, #11 Exhibit(s) Exhibit H to Declaration of Counsel, #12 Exhibit(s) Exhibit I to Declaration of Counsel, #13 Exhibit(s) Exhibit J to Declaration of Counsel, #14 Exhibit(s) Exhibit K to Declaration of Counsel, #15 Exhibit(s) Exhibit L to Declaration of Counsel, #16 Exhibit(s) Exhibit M to Declaration of Counsel)(Sutherland, Shannon) |
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Filing 7
ORDER granting #6 Motion for Leave to File Excess Pages (eo)
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| Filing 6 MOTION to Exceed Page Limitation Plaintiffs' Motion for Leave to File Oversize Brief by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Sutherland, Shannon) |
| Filing 5 SUMMONS Returned Executed by Harsco Corporation, Protran Technology LLC. Peter Bartek served on 2/7/2019, answer due 2/28/2019. (Sutherland, Shannon) |
| Filing 4 SUMMONS Returned Executed by Harsco Corporation, Protran Technology LLC. Railserve, Inc. served on 2/7/2019, answer due 2/28/2019. (Sutherland, Shannon) |
| Filing 3 Corporate Disclosure Statement by Harsco Corporation, Protran Technology LLC. (Sutherland, Shannon) |
| Filing 2 Summons Issued as to Peter Bartek, Railserve, Inc. and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) |
| Filing 1 COMPLAINT against Peter Bartek, Railserve, Inc. ( Filing fee $400, Receipt Number 0314-4665117), filed by Harsco Corporation, Protran Technology LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s))(aaa) |
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