Penda Corporation et al v. Sprinkle, John (RLJ2)
| The Fabri-Form Company, The PendaForm Company, Trienda Holdings, LLC and Penda Corporation |
| John S. Sprinkle and Formall, Inc. |
| 3:2019cv00088 |
| March 15, 2019 |
| US District Court for the Eastern District of Tennessee |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 NOTICE of Deficiency (Pro Hac) - William Sulton (copy mailed to William Sulton) (KMK, ) |
| Filing 49 NOTICE of Deficiency (Pro Hac) - Rikaela Greane (copy mailed to Rikaela Greane) (KMK, ) |
| Filing 48 NOTICE of Deficiency (Pro Hac) - Marisa Berlinger (KMK, ) |
| Filing 47 NOTICE of Deficiency (Pro Hac) - Gregory T. Everts (KMK, ) |
| Filing 46 Case electronically transferred in from District of Wisconsin Western; Case Number 3:18-cv-00187. |
| Case referred to Magistrate Judge H. Bruce Guyton for a related case review to case 3:19cv59-RLJ/HBG. (KMK, ) |
Filing 45
** TEXT ONLY ORDER **Plaintiffs' unopposed motion to transfer this case to the Eastern District of Tennessee (dkt. #41 ) is GRANTED. Implicitly recognizing that the Tennessee court is more convenient for the parties and witnesses, and offers potential coordination or consolidation with a related case already pending there, defendant did not file an opposition. Accordingly, the clerk of court is directed to transfer this case to the United States District Court for the Eastern District of Tennessee. Finally, plaintiffs' motion to stay pending resolution of the motion to transfer (dkt. #44 ) is DENIED AS MOOT. Signed by District Judge William M. Conley on 3/12/2019. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 44 Unopposed Motion to Stay Pending Decision on Plaintiffs' Motion to Transfer Venue by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Berlinger, Marisa) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 43 Declaration of Gregory T. Everts re: #41 Motion to Transfer by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C., (Attachments: #1 Exhibit A - Redacted Rule 26(a)(1)(A)(i)-(iv) Disclosures by Defendant John S. Sprinkle) (Everts, Gregory) Modified on 2/19/2019. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 42 Brief in Support of #41 Motion to Transfer, by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 41 MOTION TO TRANSFER to Eastern District of Tennessee by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. Brief in Opposition due 3/11/2019. Brief in Reply due 3/21/2019. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Defendant Formall, Inc. is terminated pursuant to Fed. R. Civ. P. 15(a) without further order of the court. (arw) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 40 Notice of Voluntary Dismissal as to Defendant Formall, Inc., by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Berlinger, Marisa) Modified on 1/14/2019. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 39 Redaction to #36 Transcript, by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Berlinger, Marisa) Modified on 1/4/2019. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 38
** TEXT ONLY ORDER **Plaintiffs' motion requesting redactions (dkt. #37 ) is GRANTED. The transcript of the December 7, 2019 telephonic hearing (dkt. #36 ) is SEALED. Plaintiff is to provide a redacted copy of the transcript for the court record. Signed by Magistrate Judge Stephen L. Crocker on 1/2/2019. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 37 Motion Requesting Redactions to Transcript #36 (Sealed Document) by Plaintiffs The PendaForm Company, Penda Corporation, TriEnda Holdings, L.L.C., The Fabri-Form Company. (Berlinger, Marisa) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 36 Transcript of Telephone Motion Hearing, held 12/7/2018 before Magistrate Judge Stephen L. Crocker. Court Reporter: JD. Please review the court's new policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (arw) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 35
** TEXT ONLY ORDER **On December 7, 2018, the court held a telephonic hearing on plaintiff's motion to compel discovery (dkt. #27 ). After discussing the motion with the parties, the court granted the motion in part and denied it in part, in the manner and for the reasons stated. Assuming that Formall gets Penda's list by December 10, then December 17, 2018 is Formall's deadline to provide the discovery ordered by the court. Penda's deadline to respond to Formall's motion to dismiss (dkt. #22 ) is January 11, 2019, with Formall's reply due by January 22, 2019. The parties had no other matters to bring to the court's attention. Signed by Magistrate Judge Stephen L. Crocker on 12/7/2018. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion Hearing held on 12/7/2018 [1:05] (cak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Set/Reset Deadlines as to Telephone Motion Hearing set for 12/5/2018 at 3:15 PM rescheduled to 12/7/2018 at 03:00 PM to accommodate the closing of the court. Counsel for Plaintiff remains responsible for setting up the call to chambers at (608) 264-5153. (cak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 34 Declaration of Gerd Krohn filed by Defendant Formall, Inc. re: #27 Motion to Compel. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 33 Brief in Opposition by Defendant Formall, Inc. re: #27 Motion to Compel, filed by The Fabri-Form Company, Penda Corporation, TriEnda Holdings, L.L.C., The PendaForm Company. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 32 Notice of Appearance filed by Daniel A. Kaplan for Defendant Formall, Inc. (Kaplan, Daniel) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 31
** TEXT ONLY ORDER **The court will hold a telephonic hearing on plaintiff's motion to compel discovery #27 on December 5, 2018 at 3:15 PM. Counsel for Plaintiff is responsible for setting up the call to chambers at (608) 264-5153. Briefing on defendant's motion to dismiss #22 is stayed pending a court ruling on the motion to compel. Signed by Magistrate Judge Stephen L. Crocker on 11/15/2018. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 30 Declaration of Marisa Berlinger filed by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. re: #27 Motion to Compel, (Attachments: #1 Exhibit A - Subpoenas to Formall & Yarnell, Redacted, #2 Exhibit B - Penda v. Sprinkle et al. - Formall's Motion to Dismiss, Redacted, #3 Exhibit C - Penda/Formall - Discovery, Redacted, #4 Exhibit D - Email re: Penda/Formall - Discovery, Redacted) (Berlinger, Marisa) Modified on 11/15/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 29 Disregard. See #30 . Modified on 11/15/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 28 Brief in Support of #27 Motion to Compel Discovery from Formall and to Modify the Briefing Schedule by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Berlinger, Marisa) Modified on 11/15/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 27 Motion to Compel Discovery from Formall and to Modify the Briefing Schedule by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 11/21/2018. (Berlinger, Marisa) Modified on 11/15/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 26 Corporate Disclosure Statement by Defendant Formall, Inc. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 25 Declaration of Gerd Krohn filed by Defendant Formall, Inc. re: #22 Motion to Dismiss/Lack of Jurisdiction. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 24 Declaration of Bryan Yarnell filed by Defendant Formall, Inc. re: #22 Motion to Dismiss/Lack of Jurisdiction. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 23 Brief in Support of #22 Motion to Dismiss/Lack of Jurisdiction by Defendant Formall, Inc. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 22 MOTION TO DISMISS for Lack of Jurisdiction by Defendant Formall, Inc. Brief in Opposition due 11/23/2018. Brief in Reply due 12/3/2018. (Parsons, Ryan) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 21 ANSWER to Amended Complaint by Defendant John S. Sprinkle. (Sulton, William) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 20
Pretrial Conference Order: # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to the Pleadings due 11/16/2018. Dispositive Motions due 5/6/2019. Settlement Letters due 8/23/2019. Motions in Limine due 8/30/2019. Responses due 9/13/2019. Final Pretrial Conference set for 9/24/2019 at 4:00 PM. Jury Selection and Trial set for 10/7/2019 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 10/9/2018. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 19 AMENDED COMPLAINT against John S. Sprinkle, Formall, Inc., filed by All Plaintiffs, (Attachments: #1 Summons, #2 Exhibit A - Non-Compete Agreement, #3 Exhibit B - Confidentiality Agreement, #4 Exhibit C - Demand Letter, #5 Exhibit D - Sprinkle's Affidavit) (Berlinger, Marisa) Modified on 10/4/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 18 Disregard. See #19 . Modified on 10/3/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 10/3/2018 [:10] (cak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 17 Joint Preliminary Pretrial Conference Report by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Set Pretrial Conference: Telephone Pretrial Conference set for 10/3/2018 at 1:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. #Standing Order Governing Preliminary Pretrial Conference attached. (arw) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 16 ANSWER with Jury Demand by Defendant John S. Sprinkle. (Sulton, William) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 15 Notice of Appearance filed by William Francis Sulton for Defendant John S. Sprinkle. (Sulton, William),(ps) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 14
** TEXT ONLY ORDER **ORDER granting #13 Motion for Extension of Time to Answer. John S. Sprinkle answer due 8/31/2018. Signed by Magistrate Judge Stephen L. Crocker on 7/23/2018. (nln),(ps) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 13 Motion for Extension of Time to File Answer, by Defendant John S. Sprinkle. (Attachments: #1 Envelope) (nln) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 12
** TEXT ONLY ORDER **ORDER granting #11 Motion for Extension of Time to Answer. John S. Sprinkle answer due 7/20/2018. Signed by Magistrate Judge Stephen L. Crocker on 6/29/2018. (voc) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 11 Consent Motion for Extension of Time to File Answer re: #1 Complaint, by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 7/6/2018. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 10
** TEXT ONLY ORDER **The parties' stipulated protective order #8 is accepted and entered by the court. Signed by Magistrate Judge Stephen L. Crocker on 6/28/2018. (kwf) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 9 Exhibit to #8 Motion for Protective Order filed by The Fabri-Form Company, Penda Corporation, TriEnda Holdings, L.L.C., The PendaForm Company. Text of Proposed Order. (Everts, Gregory) Modified on 6/28/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 8 Joint Motion for Protective Order by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C., (Attachments: #1 Certificate of Service) (Everts, Gregory) Modified on 6/28/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
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Filing 7
** TEXT ONLY ORDER **ORDER accepting #5 Stipulation for the Commencement of Discovery; accepting #6 Stipulation for Extension of Time to Answer. Defendant John S. Sprinkle answer due 7/2/2018. Signed by Magistrate Judge Stephen L. Crocker on 5/8/2018. (arw) [Transferred from Wisconsin Western on 3/15/2019.]
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| Filing 6 Stipulation for Extension of Time to Answer by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 5 Stipulation for the Commencement of Discovery by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 4 Waiver of Service Returned Executed by Defendant John S. Sprinkle. (Everts, Gregory) Modified on 3/29/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 3 Corporate Disclosure Statement by Plaintiffs Penda Corporation, The Fabri-Form Company, The PendaForm Company, TriEnda Holdings, L.L.C. (Everts, Gregory) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 2 Summons Issued as to John S. Sprinkle. (jat) [Transferred from Wisconsin Western on 3/15/2019.] |
| Filing 1 COMPLAINT against John S. Sprinkle (Filing fee $400, receipt number 0758-2211267) filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons, #3 Exhibit A - Sprinkle Non-Compete Agreement, #4 Exhibit B - Sprinkle Confidentiality Agreement, #5 Exhibit C - Letter with Enclosure to Sprinkle, #6 Exhibit D - Sprinkle Affidavit) (Everts, Gregory) Modified on 3/16/2018. (lak) [Transferred from Wisconsin Western on 3/15/2019.] |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (jat) [Transferred from Wisconsin Western on 3/15/2019.] |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jat) [Transferred from Wisconsin Western on 3/15/2019.] |
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