ERIEZ MANUFACTURING CO. v. SHUTTLEWORTH
| ERIEZ MANUFACTURING CO. |
| TIMOTHY G. SHUTTLEWORTH |
| 1:2020cv00157 |
| June 19, 2020 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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Filing 30
ORDER. Consistent with the instructions at today's Hearing, all parties' deadline for cross-filing proposed findings of fact and conclusions of law is 8/31/20. It is within Defendant's discretion to determine the extent to which they will offer joint submissions, although counsel should make best efforts to avoid offering duplicative findings and conclusions. Parties shall also include in any post-hearing briefing all arguments as to why any documents proposed to be under seal are appropriate under the relevant Third Circuit standards. Specifically, for any proposed redaction or document to be sealed in this case, the moving party shall provide specific justifications that would be sufficient to enable the Court to weigh the competing interests at stake and to conduct the analysis required by In re Avandia Marketing Sales Practices & Products Liability Litigation, 924 F.3d 662, 670-73 (3d Cir. 2019). Signed by Judge Cathy Bissoon on 8/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (scl)
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| Filing 29 Minute Entry for proceedings held before Judge Cathy Bissoon: Motion Hearing held on 8/17/2020 re #7 Motion for Preliminary Injunction, #16 Renewed Motion for Preliminary Injunction filed by ERIEZ MANUFACTURING CO. Order to follow. (Court Reporter: Karen Earley) (jhi) |
| Filing 28 Proposed Order re #16 Motion for Preliminary Injunction, Plaintiff's Renewed Motion for Preliminary Injunction by ERIEZ MANUFACTURING CO.. (Taft, Roger) |
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Filing 27
ORDER granting #26 Motion for Protective Order. See contents of this filing. Signed by Judge Cathy Bissoon on 8/11/2020. (scl)
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| Filing 26 Joint MOTION for Protective Order Joint Motion for Limited Confidentiality Order by ERIEZ MANUFACTURING CO.. (Attachments: #1 Proposed Order) (Taft, Roger) |
| Filing 25 BRIEF in Support re #24 Motion to Dismiss for Failure to State a Claim Brief in Support of Plaintiff's Motion to Dismiss Defendant's Counterclaim filed by ERIEZ MANUFACTURING CO.. (Taft, Roger) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Motion to Dismiss Defendant's Counterclaim by ERIEZ MANUFACTURING CO.. (Attachments: #1 Proposed Order) (Taft, Roger) |
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ORDER. The Court has been notified that the parties were unable to come to a consensus regarding Plaintiff's Motion at Doc. #16 . IT IS HEREBY ORDERED that a Preliminary Injunction Hearing is scheduled for 8/17/2020 at 2:00 p.m., and will proceed, in entirety, via video-conference (Zoom). In advance of the Hearing, Court staff will supply to counsel, via email, a link-invitation for use by all counsel and witnesses who will be in attendance. The parties will be afforded two hours, total, for presentations, Plaintiff one hour, and Defendant, one hour. By 8/13/20 at 12:00 p.m., the parties jointly shall transmit, to the email address bissoon_external@pawd.uscourts.gov: a stipulated, ordered list of exhibits to be presented/discussed, with pdf-attachments of each exhibit, likewise ordered; and a final list of all witnesses that will participate at the Hearing. The inclusion of exhibits in the list/attachments does not waive any party's potential objection; although counsel must make best-faith efforts to resolve disputes in advance, because the Court will not extend the duration of the Hearing (two hours total); and any time spent litigating admissibility-issues will cut into the parties' time for presentations. Signed by Judge Cathy Bissoon on 8/3/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (scl)
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Filing 23
ORDER. Consistent with the Telephone Status Conference held today, parties are directed to file a proposed joint consent order on or before 7/31/2020. Should the Court not receive notice that such an order has been filed, the Court will schedule a Preliminary Injunction Hearing regarding the Motion at Doc. #16 . Signed by Judge Cathy Bissoon on 7/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (scl)
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| Filing 22 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 7/28/2020. Order to follow. (scl) |
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Filing 21
ORDER. Consistent with the Telephone Status Conference held today, both parties are instructed to meet and confer to negotiate a proposed consent Order. An additional Telephone Status Conference is scheduled for 7/28/2020 at 10:30 a.m. for parties to update the Court on the status of their discussions. Counsel is directed to call USA Toll-Free Number (877) 336-1831, Access Code 6058460. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is the same for both telephone numbers. A security code will be emailed to counsel 24 hours prior to the conference. Should parties agree upon a joint proposed Order before the scheduled conference, they shall file such with the Court. Signed by Judge Cathy Bissoon on 7/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (scl)
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| Filing 20 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephone Status Conference held on 7/23/2020. Order to follow. (scl) |
| Filing 19 RESPONSE IN OPPOSITION to #16 Motion for Preliminary Injunction filed by TIMOTHY G. SHUTTLEWORTH. (Bracken, Robert) |
| Filing 18 ANSWER to #13 Amended Complaint , First COUNTERCLAIM for Abuse of Process against ERIEZ MANUFACTURING CO. by TIMOTHY G. SHUTTLEWORTH. (Attachments: #1 Exhibit 1 - Complaint in Shuttleworth v. Eriez, #2 Exhibit 2 - Unsolicited Separation Agreement, #3 Exhibit 3 - Shuttleworth's proposed consent order that Eriez rejected) (Lamberton, Charles) |
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Filing 17
ORDER. A Telephone Status Conference regarding Plaintiff's Renewed Motion for Preliminary Injunction (Doc. #16 ) is set for 7/23/2020 at 10:30 a.m. Counsel are directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel are directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers. A security code will be emailed to counsel prior to the conference. Signed by Judge Cathy Bissoon on 7/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (scl)
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| Filing 16 MOTION for Preliminary Injunction Plaintiff's Renewed Motion for Preliminary Injunction by ERIEZ MANUFACTURING CO.. (Attachments: #1 Proposed Order Scheduling Hearing on Plaintiff's Renewed Motion for Preliminary Injunction, #2 Proposed Order Granting Preliminary Injunction) (Taft, Roger) |
| Filing 15 NOTICE of Appearance by Charles A. Lamberton on behalf of TIMOTHY G. SHUTTLEWORTH. (Lamberton, Charles) |
| Filing 14 NOTICE of Appearance by Robert A. Bracken on behalf of TIMOTHY G. SHUTTLEWORTH. (Bracken, Robert) |
| Filing 13 AMENDED COMPLAINT against TIMOTHY G. SHUTTLEWORTH TIMOTHY G. SHUTTLEWORTH answer due 7/17/2020, filed by ERIEZ MANUFACTURING CO.. (Taft, Roger) |
| Filing 12 DECLARATION re #11 Declaration, #8 Brief in Support of Motion, #7 MOTION for Preliminary Injunction, #10 Declaration, #9 Declaration, Declaration of Grainne M. Blanchette by ERIEZ MANUFACTURING CO.. (Attachments: #1 Exhibit G - Eriez Acceptable Use Policy) (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 11 DECLARATION re #8 Brief in Support of Motion, #7 MOTION for Preliminary Injunction, #10 Declaration, #9 Declaration, Declaration of Lukas Guenthardt by ERIEZ MANUFACTURING CO. Affiant: Lukas Guenthardt. (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 10 DECLARATION re #8 Brief in Support of Motion, #7 MOTION for Preliminary Injunction, #9 Declaration, Declaration of Brett E. Creasy by ERIEZ MANUFACTURING CO. Affiant: Brett E. Creasy. (Attachments: #1 Exhibit A - B. Creasy Curriculum Vitae) (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 9 DECLARATION re #8 Brief in Support of Motion, #7 MOTION for Preliminary Injunction Declaration of Grainne M. Blanchette by ERIEZ MANUFACTURING CO. Affiant: Grainne M. Blanchette. (Attachments: #1 Exhibit A - E-Mails From G. Blanchette to T. Shuttleworth (4/23/20 and 4/28/20), #2 Exhibit B - Letter From G. Blanchette to T. Shuttleworth (5/8/20), #3 Exhibit C - Letter From R. Taft, Esq. to C. Lamberton, Esq. (5/14/20), #4 Exhibit D - Letter From R. Taft, Esq. to C. Lamberton, Esq. (5/19/20), #5 Exhibit E - Eriez Code of Conduct and Business Ethics (Rev. October 2013), #6 Exhibit F - Excerpts From Eriez Employee Handbook (1/1/20)) (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 8 BRIEF in Support re #7 Motion for Preliminary Injunction filed by ERIEZ MANUFACTURING CO.. (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 7 MOTION for Preliminary Injunction by ERIEZ MANUFACTURING CO.. (Attachments: #1 Proposed Order Scheduling Hearing on Plaintiff's Motion for Preliminary Injunction, #2 Proposed Order Granting Preliminary Injunction) (Taft, Roger) Modified on 6/30/2020 (ma). |
| Filing 6 SUMMONS/Return of Service Returned Executed by ERIEZ MANUFACTURING CO.. TIMOTHY G. SHUTTLEWORTH served on 6/22/2020, answer due 7/13/2020. (Taft, Roger) |
| Filing 5 CERTIFICATE OF SERVICE of Order Dated June 22, 2020 by ERIEZ MANUFACTURING CO. re #4 Order (Taft, Roger) Modified on 6/24/2020 (ma). |
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Filing 4
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 6/22/20. (jhi)
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| Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, by ERIEZ MANUFACTURING CO.. (Taft, Roger) |
| Filing 2 Summons Issued as to TIMOTHY G. SHUTTLEWORTH (ma) |
| Filing 1 COMPLAINT against TIMOTHY G. SHUTTLEWORTH (Filing fee, including Administrative fee, $400, receipt number APAWDC-5699538), filed by ERIEZ MANUFACTURING CO. (Attachments: #1 Civil Cover Sheet, #2 Summons) (ma) |
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| Defendant: TIMOTHY G. SHUTTLEWORTH | |
| Represented By: | Charles A. Lamberton |
| Represented By: | Robert A. Bracken |
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| Plaintiff: ERIEZ MANUFACTURING CO. | |
| Represented By: | Roger H. Taft |
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