Glytec LLC et al v. McFarland et al
| Glytec LLC and Aseko Inc |
| Raymie McFarland and Monarch Medical Technologies LLC |
| 6:2020cv03321 |
| September 18, 2020 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| Contract: Other |
| 18 U.S.C. § 1831 |
| Both |
Docket Report
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| Filing 49 TEXT ORDER: The Defendants emergency motion for clarification is granted, and Section (c) of the Preliminary Injunction filed November 12, 2020 is modified as set out in the joint stipulation filed as document #48 . Entered at the direction of Honorable Henry M Herlong, Jr on 11/16/20. (sfla) |
| Filing 48 STIPULATION re #46 Order on Motion for Preliminary Injunction, #47 Emergency MOTION to Amend/Correct #46 Order on Motion for Preliminary Injunction by Aseko Inc, Glytec LLC. (Bakker, Mark) |
| Filing 47 Emergency MOTION to Amend/Correct #46 Order on Motion for Preliminary Injunction by Monarch Medical Technologies LLC. Response to Motion due by 11/30/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Vanderbloemen, Thomas) |
| Filing 46 OPINION & ORDER granting #5 Motion for Preliminary Injunction. Signed by Honorable Henry M Herlong, Jr on 11/12/2020.(abuc) |
| Filing 45 Minute Entry. Proceedings held before Honorable Henry M Herlong, Jr: taking under advisement #5 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Glytec LLC,. Motion Hearing held on 11/12/2020. Court Reporter Teresa Johnson. (pbri, ) |
| Filing 44 Local Rule 26.01 Answers to Interrogatories by Raymie McFarland.(Quick, Steven) |
| Filing 43 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 11/30/2020, 26(a) Initial Disclosures due by 12/14/2020, Rule 26 Report due by 12/14/2020, Motions to Amend Pleadings due by 1/20/2021, Plaintiffs ID of Expert Witness due by 2/19/2021, Defendants ID of Expert Witnesses Due by 3/22/2021, Records Custodian Affidavit due by 3/22/2021, Discovery due by 4/21/2021, Motion in Limine due by 6/23/2021, Motions due by 5/5/2021, Rule 26(a)(3) Disclosures due by 6/7/2021, Pretrial Briefs due by 6/30/2021, Jury Selection Deadline 7/7/2021, Signed by Honorable Henry M Herlong, Jr on 11/6/2020. (abuc) |
| Filing 42 ANSWER to #1 Complaint by Raymie McFarland.(Quick, Steven) |
| Filing 41 TEXT ORDER granting #40 Motion for Extension of Time to Answer. Raymie McFarland answer due 11/5/2020. Entered at the direction of Honorable Henry M Herlong, Jr on 11/5/20.(sfla) |
| Filing 40 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Raymie McFarland. Response to Motion due by 11/18/2020. 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. No proposed order.(Quick, Steven) |
| Filing 39 ANSWER to #1 Complaint by Monarch Medical Technologies LLC.(Vanderbloemen, Thomas) |
| Filing 38 CONFIDENTIALITY ORDER granting #35 Motion for Confidentiality Order. Signed by Honorable Henry M Herlong, Jr on 10/28/2020.(abuc) |
| Filing 37 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction Response filed by Aseko Inc, Glytec LLC. (Attachments: #1 Exhibit Declaration of Stephen Wallack, #2 Exhibit Declaration of John Downey, #3 Exhibit Declaration of Edmond Furlong, #4 Exhibit Declaration of Kent Cusick)(Bakker, Mark) |
| Filing 36 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction Response filed by Aseko Inc, Glytec LLC. (Attachments: #1 Exhibit Declaration of Stephen Wallack, #2 Exhibit Declaration of Edmond Furlong, #3 Exhibit Declaration of Kent Cusick, #4 Exhibit Declaration of John Downey)(Bakker, Mark) |
| Filing 35 Joint MOTION for Confidentiality Order by Aseko Inc, Glytec LLC. Response to Motion due by 11/9/2020. 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 Proposed Consent Confidentiality Order, #2 Exhibit Redline Reflecting Parties' Proposed Changes to Standard Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Byars, James) |
| Filing 34 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 11/2/2020 10:00 AM in Greenville #3 cancelled and rescheduled to: Motion Hearing set for 11/12/2020 10:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Henry M Herlong Jr. (abuc) |
| Filing 33 TEXT ORDER granting #31 Motion to Continue. Entered at the direction of Honorable Henry M Herlong, Jr on 10/14/2020.(abuc) |
| Filing 32 TEXT ORDER granting #30 Motion for Extension of Time to File Response/Reply re #5 MOTION for Preliminary Injunction. Replies due by 10/26/2020. Entered at the direction of Honorable Henry M Herlong, Jr on 10/14/2020.(abuc) |
| Filing 31 Joint MOTION to Continue and Reschedule Hearing by Monarch Medical Technologies LLC. Response to Motion due by 10/27/2020. 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. No proposed order.(Vanderbloemen, Thomas) |
| Filing 30 Consent MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion,, #5 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction, #24 Response in Opposition to Motion,,, by Aseko Inc, Glytec LLC. Response to Motion due by 10/27/2020. 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. No proposed order.(Bakker, Mark) |
| Filing 29 NOTICE of Hearing on #5 MOTION for Preliminary Injunction: Motion Hearing set for 11/2/2020 10:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Henry M Herlong Jr. (abuc) |
| Filing 28 LETTER EXTENDING TIME TO ANSWER Raymie McFarland answer due 11/4/2020. (Quick, Steven) |
| Filing 27 LETTER EXTENDING TIME TO ANSWER Monarch Medical Technologies LLC answer due 11/3/2020. (Vanderbloemen, Thomas) |
| Filing 26 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction Response filed by Raymie McFarland.Reply to Response to Motion due by 10/16/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents McFarland Declaration, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration)(Quick, Steven) |
| Filing 25 Local Rule 26.01 Answers to Interrogatories by Monarch Medical Technologies LLC.(Vanderbloemen, Thomas) |
| Filing 24 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction Response filed by Monarch Medical Technologies LLC.Reply to Response to Motion due by 10/16/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Duffy Declaration, #2 Exhibit 2 - Mallard Declaration, #3 Exhibit 3 - Bea Declaration, #4 Exhibit 4 - Marks Declaration, #5 Exhibit 5 - Fuqua Declaration, #6 Exhibit 6 - Lavoie Declaration, #7 Exhibit 7 - Hester Declaration, #8 Exhibit 8 - Nading Declaration, #9 Exhibit 9 - Chidester Declaration, #10 Exhibit 10 - Palmisano Declaration, #11 Exhibit 11 - Scapinello Declaration)(Vanderbloemen, Thomas) |
| Filing 23 TEXT ORDER granting #22 Motion to Appear Pro Hac Vice as to Clint Morse for Raymie McFarland. Signed by Honorable Henry M Herlong, Jr on 10/9/20.(alew, ) |
| Filing 22 MOTION to Appear Pro Hac Vice by Clint S. Morse ( Filing fee $ 350 receipt number 0420-9398145) by Raymie McFarland. Response to Motion due by 10/23/2020. 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 Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents-Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Quick, Steven) Modified on 10/9/2020 to edit text (alew, ). |
| Filing 21 TEXT ORDER granting #20 Motion to Appear Pro Hac Vice. Signed by Honorable Henry M Herlong, Jr on 9/28/2020.(abuc) |
| Filing 20 MOTION to Appear Pro Hac Vice by Hannesson I. Murphy ( Filing fee $ 350 receipt number 0420-9367951) by Monarch Medical Technologies LLC. Response to Motion due by 10/9/2020. 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 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Vanderbloemen, Thomas) |
| Filing 19 TEXT ORDER granting #18 Motion to Appear Pro Hac Vice. Signed by Honorable Henry M Herlong, Jr on 9/25/2020.(abuc) |
| Filing 18 MOTION to Appear Pro Hac Vice by Siobhan E. Mee ( Filing fee $ 350 receipt number 0420-9366418) by Aseko Inc, Glytec LLC. Response to Motion due by 10/9/2020. 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 Application/Affidavit for Pro Hac Vice Admission, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Bakker, Mark) |
| Filing 17 SUMMONS Returned Executed by Glytec LLC, Aseko Inc. Raymie McFarland served on 9/23/2020, answer due 10/14/2020. (Attachments: #1 Main Document Acceptance of Service)(Bakker, Mark) |
| Filing 16 NOTICE of Request for Protection from Court Appearance by Mark W Bakker for 10/29/20 - 11/4/2020 (Bakker, Mark) |
| Filing 14 NOTICE of Cancellation of Hearing: Motion Hearing set for 9/24/2020 11:00 AM (abuc) |
| Filing 12 TEXT ORDER granting #11 Motion to Continue Hearing and Extend Temporary Restraining Order. The TRO entered on September 21, 2020 shall remain in full force and effect and shall continue up to and including the rescheduled hearing date and any further order of the Court. Defendants shall have until October 9, 2020 to file a response to the Plaintiffs' Motion; Plaintiffs shall have until October 19, 2020 to file their reply. Entered at the direction of Honorable Henry M Herlong, Jr on 9/23/20.(sfla) |
| Filing 11 Joint MOTION for Extension of Time (to extend temporary restraining order and continue hearing) by Aseko Inc, Glytec LLC. Response to Motion due by 10/6/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Bakker, Mark) |
| Filing 10 NOTICE of Appearance by Thomas Edward Vanderbloemen on behalf of Monarch Medical Technologies LLC (Vanderbloemen, Thomas) |
| Filing 9 SUMMONS Returned Executed by Glytec LLC, Aseko Inc. Monarch Medical Technologies LLC served on 9/21/2020, answer due 10/13/2020. (Attachments: #1 Main Document Affidavits of Service)(Bakker, Mark) |
| Filing 8 NOTICE of Appearance by Steven Wilson Quick on behalf of Raymie McFarland (Quick, Steven) |
| Filing 7 NOTICE of Hearing on Motion #5 MOTION for Preliminary Injunction: Motion Hearing set for 9/24/2020 11:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Henry M Herlong Jr. (abuc) |
Filing 6
ORDER granting #5 Motion for TRO. The Plaintiff is directed to post $50,000 security bond with the Clerk's Office. Signed by Honorable Henry M Herlong, Jr on 9/21/2020.(abuc) Modified to edit text on 9/21/2020 (abuc).
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| Filing 5 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Aseko Inc, Glytec LLC. Response to Motion due by 10/5/2020. 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 of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Exhibit A - Booth Declaration, #3 Exhibit B - Ohanuka Declaration, #4 Exhibit C - O'Dell Declaration, #5 Exhibit D - Walton Declaration, #6 Exhibit Walton Declaration - Exhibit A, Walton CV, #7 Exhibit Walton Declaration - Exhibit B, MacBook USB Connection History, #8 Exhibit Walton Declaration - Exhibit C, Philips USB File Listing, #9 Exhibit Walton Declaration - Exhibit D, Recently Used Items - Glytec MacBook, #10 Exhibit E - 8/7/20 C&D Letter to McFarland, #11 Exhibit F - 9/2/20 Letter to Brian Murphy)Proposed order is being emailed to chambers with copy to opposing counsel.(Bakker, Mark). Modified to add motion relief on 9/21/2020 (abuc). (Additional attachment(s) added on 9/21/2020: #12 Exhibit G - Monarch Press Release) (abuc). Modified to add additional attachment provided by filing user on 9/21/2020 (abuc). |
| Filing 4 Summons Issued as to Raymie McFarland, Monarch Medical Technologies LLC. (abuc) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Aseko Inc, Glytec LLC.(abuc) |
| Filing 1 COMPLAINT against Raymie McFarland, Monarch Medical Technologies LLC (Filing fee $ 400 receipt number 0420-9352249.) filed by Glytec LLC, Aseko Inc. Service due by 12/17/2020 (Attachments: #1 Exhibit A - Agreement)(abuc) |
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