Duke Sandwich Productions Inc v. Knott's Wholesale Foods Inc et al
| Duke Sandwich Productions Inc |
| Wyatt Howard and Knott's Wholesale Foods Inc |
| 6:2019cv02165 |
| August 2, 2019 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Labor: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on September 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 49 Joint STIPULATION of Dismissal With Prejudice by Duke Sandwich Productions Inc, Wyatt Howard. (Miller, Sandra) Modified on 9/26/2019: to add joint filer as listed (kmca). |
Filing 47
ORDER granting #46 Consent Motion for Permanent Injunction Regarding Wyatt Howard as set out. Signed by Honorable Timothy M Cain on 9/19/19.(kmca)
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| Filing 46 Consent MOTION for Permanent Injunction Regarding Wyatt Howard by Duke Sandwich Productions Inc. Response to Motion due by 10/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Miller, Sandra) |
| Filing 44 Sealed Document (Declaration of Wyatt Howard) in re document #27 Response in Opposition. (Attachments: #1 Exhibit A - Employment Contract, #2 Exhibit B - Employee Handbook, #3 Exhibit C - HEB Email)(Staples, Christian) Modified on 8/27/2019: to add text (declaration, response) (kmca). |
| Filing 42 Joint STIPULATION of Dismissal Without Prejudice of Duke Foods' Claims Against Defendant Knott's Wholesale Foods, Inc., d/b/a Knott's Fine Foods (Claims against Wyatt Howard remain pending) by Duke Sandwich Productions Inc, Knott's Wholesale Foods Inc, Wyatt Howard. (Miller, Sandra) Modified on 8/22/2019: to add joint filers as listed (kmca). |
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Filing 38
ORDER granting #35 Consent Motion for Preliminary Injunction Regarding Wyatt Howard; granting #35 Consent Motion to Stay the Case for sixty (60) days pending Mediation. Signed by Honorable Timothy M Cain on 8/21/19.(kmca)
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| Filing 36 NOTICE of Cancellation of Hearing: Motion Hearing set for Thursday, 8/22/2019, from 02:00 PM until 3:30 PM, in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) |
| Filing 35 Consent MOTION for Preliminary Injunction Regarding Wyatt Howard and Consent MOTION for Stay of Case Pending Mediation by Duke Sandwich Productions Inc. Response to Motion due by 9/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Miller, Sandra). Added Consent MOTION to Stay on 8/21/2019: to add additional relief listed on document (kmca). |
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Filing 33
ORDER granting #32 Consent Motion for Permanent Injunction Regarding Knott's Wholesale Foods Inc d/b/a Knott's Fine Foods. Signed by Honorable Timothy M Cain on 8/20/19.(kmca)
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| Filing 32 Consent MOTION for Permanent Injunction Regarding Knott's Wholesale Foods, Inc. d/b/a Knott's Fine Foods by Duke Sandwich Productions Inc. Response to Motion due by 9/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Miller, Sandra) |
| Filing 30 TEXT ORDER granting #28 Consent Motion to Seal Document #27 Response in Opposition to Motion Exhibits. ***Sealing pursuant to this order may be challenged by any person at any time. Any motion seeking to unseal documents shall address the factors governing sealing reflected in controlling case law.*** Entered at the direction of the Honorable Timothy M Cain on 8/19/19.(kmca) Note: please call the clerk's office with any questions concerning filing the sealed documents. |
| Filing 29 ANSWER to #1 Complaint, Affirmative Defenses and, COUNTERCLAIM against Duke Sandwich Productions Inc by Wyatt Howard. (Attachments: #1 Exhibit A Employment Contract)(Staples, Christian) Modified on 8/20/2019: to add description to exhibit as provided by filing user (kmca). |
| Filing 28 Consent MOTION to Seal Document #27 Response in Opposition to Motion, by Wyatt Howard. Response to Motion due by 9/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Index)No proposed order.(Staples, Christian) Modified on 8/19/2019: to add text (consent) (kmca). |
| Filing 27 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order. Response filed by Wyatt Howard. Reply to Response to Motion due by 8/21/2019 at 2:00 PM. (Staples, Christian) Modified on 8/19/2019: to reset reply deadline per 15 order (kmca). (Main Document 27 replaced on 8/19/2019: to replace with corrected document (case number, footnote size) as provided by filing user). (Additional attachment added on 8/19/2019, to separate exhibit from main document as provided by filing user: #1 Exhibit A Declaration of Josh Knott) (kmca). |
| Filing 25 TEXT ORDER granting #24 Motion to Appear Pro Hac Vice. Attorney Hugo S "Brad" deBeaubien added for Defendant Wyatt Howard. Entered at the direction of the Honorable Timothy M Cain on 8/16/19.(kmca) Modified on 8/19/2019: to add "text" (kmca). |
| Filing 24 MOTION to Appear Pro Hac Vice by Hugo S. ("Brad") deBeaubien ( Filing fee $ 250 receipt number 0420-8618292) by Wyatt Howard. Response to Motion due by 8/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit, #2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Staples, Christian) (Attachment 2 replaced on 8/16/2019: to replace with corrected document as provided by filing user) (kmca). (Attachment 1 replaced on 8/16/2019: to replace with corrected document (zip code) as provided by filing user) (kmca). |
| Filing 23 CONFIDENTIALITY ORDER granting #21 Consent Motion for Confidentiality Order. Entered at the direction of the Honorable Timothy M Cain on 8/15/19.(kmca) |
| Filing 21 Consent MOTION for Confidentiality Order by Duke Sandwich Productions Inc. Response to Motion due by 8/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Redline between proposed Order and Court's form Order, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Miller, Sandra) |
| Filing 20 ACKNOWLEDGMENT OF SERVICE Executed as to 16 Notice of Hearing on Motion, 15 Order on Motion for Preliminary Injunction,,,,,,,,,,,,, Order on Motion for TRO,,,,,,,,,,,, served on Defendant Howard Acknowledgement filed by Duke Sandwich Productions Inc. (Attachments: #1 Exhibit A - Acceptance of Service of Order and Hearing Notice)(Miller, Sandra) |
| Filing 19 NOTICE of Appearance by Christian Hart Staples on behalf of Wyatt Howard (Staples, Christian) |
| Filing 16 NOTICE of Hearing on Motion: #8 MOTION for Preliminary Injunction: Motion Hearing set for Thursday, 8/22/2019, from 02:00 PM until 3:30 PM, in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) |
| Filing 15 TEXT ORDER: Plaintiff Duke Sandwich Productions filed this action alleging violations of the South Carolina Trade Secrets Act, S.C. Code 39-8-10, et seq., and other claims against Knott's Wholesale Foods and Wyatt Howard (ECF No. #1 ). Plaintiff also filed a motion for a Preliminary Injunction and a Temporary Restraining Order ("TRO") against both Defendants. (ECF No. #8 ).Rule 65 of the Federal Rules of Civil Procedure provides that the Court may issue a TRO without written or oral notice to the adverse party or its attorney "if specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b).The purpose of a TRO is to preserve the status quo and prevent irreparable harm just so long as is necessary to hold a hearing, and no longer. Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S. 423, 439 (1974). To obtain a TRO, a plaintiff must establish that: 1) it is likely to succeed on the merits; 2) it is likely to suffer irreparable harm in the absence of a TRO; 3) the balance of equities favors the entrance of a TRO; and 4) the requested TRO is in the public interest. Winter v. NRDC, Inc., 555 U.S. 7, 20 (2008)). The court notes that while Defendants have been served with the complaint and motion, Defendants have not responded to the motion and no attorney has filed an appearance. After a review of the motion and the affidavits filed under seal, the court finds that based on the facts averred to in the affidavits, Plaintiff has failed to meet the requisite showing that immediate and irreparable harm will result absent a temporary restraining order being issued without hearing from the adverse party. Therefore, the court denies in part and without prejudice Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction. (ECF No. #8 ). Plaintiff's motion for a preliminary injunction remains pending, and the court will hold a hearing on the motion for a preliminary injunction on Thursday, August 22, 2019, from 2:00 pm until 3:30 pm. The court will rule on Plaintiff's motion based on affidavits, briefs, and arguments of the attorneys. If Defendants wish to respond to the motion for a preliminary injunction, such responses shall be filed no later than August 19, 2019, at 2:00 pm. Plaintiff shall have until August 21, 2019, at 2:00 pm, to file a reply.As no attorney has made an appearance for Defendants, Plaintiff is to ensure that both Defendants receive notice of this hearing and a copy of this order, and file certificates of service with the court. Additionally, as Plaintiff did not address the security required by Rule 65(c) in its motion, it should be prepared to do so at the hearing. Any party that engages in spoliation of evidence material to this action pending an order of this court does so at his own peril. Entered at the direction of the Honorable Timothy M Cain on 8/13/19.(kmca) |
| Filing 14 Sealed Document Exhibit A Affidavit of Jesus Concepcion in re document #8 MOTION for Preliminary Injunction and MOTION For Temporary Restraining Order. (Attachments: #1 Exhibit B Affidavit of Andrew Smart, #2 Exhibit C Excerpt from Private Brand Agreement Schedule)(Miller, Sandra) Modified on 8/14/2019: to add descriptions to exhibits (kmca). |
| Filing 13 SUMMONS Returned Executed by Duke Sandwich Productions Inc. re: #1 Complaint, #3 LR 26.01s, #4 Summons, #7 Motion to Seal, #8 Motion for Preliminary Injunction and Restraining Order. Knott's Wholesale Foods Inc served on 8/8/2019, answer due 8/29/2019. (Attachments: #1 Exhibit A - Proof of Service)(Miller, Sandra) (Additional attachment added on 8/13/2019 as provided by filing user: #2 Service Affidavit). Modified on 8/13/2019: to add text (pleadings served) (kmca). |
| Filing 12 SUMMONS Returned Executed by Duke Sandwich Productions Inc. re: #1 Complaint, #3 LR 26.01s, #4 Summons, #7 Motion to Seal, #8 Motion for Preliminary Injunction and Restraining Order Wyatt Howard served on 8/8/2019, answer due 8/29/2019. (Miller, Sandra) (Main Document 12 replaced on 8/9/2019) (alew, ). (Additional attachment(s) added on 8/9/2019: #1 Exhibit A-Affidavit of Service-Wyatt Howard) (alew, ). Modified on 8/9/2019 to replace with corrected document provided by filing user (alew, ). Modified on 8/12/2019: to add text (pleadings served) (kmca). |
| Filing 10 TEXT ORDER: In its motion for a temporary restraining order or for a preliminary injunction (ECF No. #8 ), Plaintiff does not address whether it has given Defendants any notice of the pending motion. Apparently, in regard to the local rule requiring consultation, Local Civ. Rule 7.02 (D.S.C.), Plaintiff states that "[t]he undersigned affirms that consultation for the purpose of resolving the subject matter of this Motion could not be timely had." (ECF No. #8 at 3). However, Fed. R. Civ. P. 65 (b) specifically addresses the issuance of a temporary restraining order without notice. It provides that:The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse can be heard in opposition; and(B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required.Fed. R. Civ. P. 65(b). Plaintiff is ordered to comply with this rule and specify its efforts to give notice and why it should not be required. Entered at the direction of the Honorable Timothy M Cain on 8/7/19. (kmca) |
| Filing 9 TEXT ORDER granting #7 Motion to Seal. ***Sealing pursuant to this order may be challenged by any person at any time. Any motion seeking to unseal documents shall address the factors governing sealing reflected in controlling case law.*** Entered at the direction of the Honorable Timothy M Cain on 8/7/19.(kmca) Note: please call the clerk's office with any questions concerning filing the sealed documents. |
| Filing 8 MOTION for Preliminary Injunction and MOTION For Temporary Restraining Order by Duke Sandwich Productions Inc. Response to Motion due by 8/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Propose to File Under Seal - Affidavit of Jesus Concepcion, #3 Exhibit B - Propose to File Under Seal - Affidavit of Andrew Smart, #4 Exhibit C - Proposed to File Under Seal - Excerpt from Private Brand Agreement Schedule)No proposed order.(Miller, Sandra). Added MOTION for Temporary Restraining Order on 8/13/2019: to add additional relief listed on document (kmca). |
| Filing 7 MOTION to Seal by Duke Sandwich Productions Inc. Response to Motion due by 8/19/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Supporting Documents Index of Materials That Are Subject to Duke Foods' Motion for Leave to File Under Seal)No proposed order.(Miller, Sandra) (Attachment 2 replaced on 8/7/2019: to replace with corrected document as requested by and provided by filing user) (kmca). |
| Filing 4 Summons Issued as to Wyatt Howard, Knott's Wholesale Foods Inc. (Attachments: #1 Summons Wyatt Howard)(kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Duke Sandwich Productions Inc.(kmca) |
| Filing 1 COMPLAINT against Wyatt Howard, Knott's Wholesale Foods Inc (Filing fee $400 receipt number 0420-8593704), filed by Duke Sandwich Productions Inc. Service due by 10/31/2019. (Attachments: #1 Exhibit A - Wyatt Howard LinkedIn Profile, #2 Exhibit B - 01.02.18 Offer Letter)(kmca) |
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