LogistiPoint Consulting, LLC v. Davis et al
| LogistiPoint Consulting, LLC |
| Joshua Tree Group, LLC and Mike Mullican |
| Seth Davis |
| Cabela's Inc. |
| Randy Moore |
| 3:2017cv01504 |
| November 29, 2017 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Williamson |
| Joe Brown |
| William L Campbell |
| Aleta A Trauger |
| Other Statutory Actions |
| 18 U.S.C. § 1836 |
| Defendant |
Docket Report
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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 115 ENTRY OF JUDGMENT re: #114 Order. (dt) |
Filing 114
ORDER: This case is DISMISSED, with prejudice. The trial scheduled for July 16, 2019, and the pretrial conference scheduled for July 12, 2019, are cancelled. All pending motions are denied as moot, and the Clerk is directed to close the file. This order shall constitute the final judgment pursuant to Fed. R. Civ. P. 58. Signed by District Judge William L. Campbell, Jr on 11/27/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 113 STIPULATION of Dismissal with Prejudice by LogistiPoint Consulting, LLC, Randy Moore. (Myers, Margaret) |
| Filing 112 CERTIFICATE OF SERVICE filed by Cabela's Inc. re #110 MOTION to Quash Subpoena Duces Tecum to Nonparty Cabela's Inc. and Motion for Protective Order filed by Cabela's Inc.. (McCallum, Elizabeth) |
| Notice to Filer re DE #110 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (dt) |
| Filing 111 MEMORANDUM in Support of #110 MOTION to Quash Subpoena Duces Tecum to Nonparty Cabela's Inc. and Motion for Protective Order filed by Cabela's Inc. . (Attachments: #1 Attachment Declaration of Rachel Palmer Hooper, #2 Attachment Declaration of Lee Hutcheson, #3 Attachment Proposed Order)(McCallum, Elizabeth) |
| Filing 110 MOTION to Quash Subpoena Duces Tecum to Nonparty Cabela's Inc. and Motion for Protective Order by Cabela's Inc.. (McCallum, Elizabeth) |
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Filing 109
ORDER granting #104 Motion for atty Billy M. Donely to Appear Pro Hac Vice. Signed by Magistrate Judge Joe Brown on 11/15/18. (rd)
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| Filing 108 DECLARATION of Billy Donley filed by Cabela's Inc. in support of #104 MOTION for attorney Billy M. Donley to Appear Pro Hac Vice. (dt) |
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Filing 107
ORDER: By no later than five (5) business days from the date of entry of this Order, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing whether any disciplinary proceedings or criminal charges have been instituted against the attorney, and if so, providing complete details about the proceeding or charges, including outcome. Failure to do so will result in denial of the pro hac vice motion. Signed by Magistrate Judge Joe Brown on 10/30/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 106 RECEIPT #34675052420 in the amount of $100.00 posted by Baker Hosteler LLp re #104 Motion to Appear Pro Hac Vice. (dt) |
| Filing 105 CERTIFICATE OF GOOD STANDING of Attorney Billy M. Donley from the United States District Court for the Southern of Texas filed by Cabela's Inc. (dt) |
| Filing 104 MOTION for attorney Billy M. Donley to Appear Pro Hac Vice (Fee paid) by Cabela's Inc. (dt) Modified on 10/29/2018 (dt). |
| TX State Bar status verified as active for Billy M. Donley. (dt) |
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Filing 103
ORDER granting #102 Joint Motion to Amend the Initial Case Management Order in this case. Signed by Magistrate Judge Joe Brown on 10/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Set Deadlines/Hearings: Discovery deadline reset for 12/14/2018. (dt) |
| Filing 102 Joint MOTION for Extension of Time to Complete Discovery by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Proposed Order)(Crowell, Daniel) |
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Filing 101
ORDER: Discovery is extended to November 9, 2018. By October 9, 2018, the Defendants will respond to the outstanding discovery served by the Plaintiff at the end of August. The parties will schedule the depositions listed on pages7 and 8 of the joint statement by mutual agreement prior to November 9, 2018. Signed by Magistrate Judge Joe Brown on 9/25/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 9/19/2018. Order to enter. (Time in Court: 1 hour, 20 minutes) (rd) |
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Filing 100
ORDER granting #89 Motion to Seal as requested. The undersigned has reviewed the documents and the justification provided and agrees they can be sealed with redacted documents filed for public viewing. (JBB)
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Filing 99
ORDER: Telephone Conference set for 9/19/2018 03:30 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 9/18/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 98
ORDER denying #95 Motion for Extension of Time to Complete Discovery. Parties have not conducted a telephone conference with me about the discovery issue as required by Paragraph G of the Scheduling Order (DE 33) (JBB)
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| Filing 97 NOTICE by LogistiPoint Consulting, LLC of Intent to Serve Two Third-Party Subpoenas (Attachments: #1 Exhibit Exhibit 1 - Subpoena to Produce to Dollar Tree with Exhibit A, #2 Exhibit Exhibit 2 - Subpoena to Produce to Cabela's with Exhibit A)(Myers, Margaret) |
| Filing 96 RESPONSE in Opposition re #95 First MOTION for Extension of Time to Complete Discovery filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Letter from Leslie Sanders to Margaret Myers dated August 31, 2018, #2 Exhibit E-mail Exchange between Leslie Sanders and Margaret Myers on September 7, 2018, #3 Exhibit 1st Source Bank v. Best-One Tire of Crossville, Inc. et al., 2010 BL 16430 (E.D. Tenn. Jan. 26, 2010), #4 Exhibit Pendleton v. Bob Frensley Chrysler Jeep Dodge Ram, Inc. et al., 2016 BL 65569 (M.D. Tenn. 2016), #5 Exhibit Cooper v. Shelby Co., 2010 BL 426208 (W.D. Tenn. April 29, 2010), #6 Exhibit Barnes v. Malinak, 2017 BL 256853 (E.D. Tenn. July 25, 2017))(Sanders, Leslie) |
| Filing 95 First MOTION for Extension of Time to Complete Discovery by LogistiPoint Consulting, LLC, Randy Moore. (Attachments: #1 Attachment Declartaion of Rocklan King, #2 Attachment Declaration of Margaret Myers)(King, Rocklan) |
| Filing 94 JOINT MEDIATION REPORT filed by LogistiPoint Consulting, LLC. (King, Rocklan) |
| Filing 93 REPLY to Response to Motion re #91 Partial MOTION to Dismiss Plaintiff's Verified Complaint for Injunctive Relief and Money Damages filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Ram Tool Ram Tool & Supply Co. v. HD Supply Constr. Supply, Ltd., 2014 Tenn. App. LEXIS 500 (Tenn. Ct. App. Aug. 19, 2014), #2 Exhibit Burrell v. MGM Grand Casino Detroit, 2017 U.S. Dist. LEXIS 139 (E.D. Mich. Jan. 3, 2017), #3 Exhibit Moore v. Alstom Power Turbomachines, LLC, 2013 U.S. Dist. LEXIS 202412 (E.D. Tenn. May 14, 2013), #4 Exhibit Great Am. Sports Complexes, LLC v. Fifth Third Bank, 2012 U.S. Dist. LEXIS 6740 (W.D. Mich. Jan. 20, 2012), #5 Exhibit Segrist v. Bank of N.Y. Mellon, 2018 U.S. App. LEXIS 22110 (6th Cir. Aug. 9, 2018), #6 Exhibit Shipley v. Sofco Erectors, Inc., 1988 Tenn. App. LEXIS 311 (Tenn. Ct. App. May 16, 1988))(Crowell, Daniel) |
| Filing 92 RESPONSE in Opposition re #91 Partial MOTION to Dismiss Plaintiff's Verified Complaint for Injunctive Relief and Money Damages filed by LogistiPoint Consulting, LLC. (Attachments: #1 Exhibit 1-Ram Tool & Supply Co. v. HD Supply Constr. Supply Ltd No. M2013-02264-COA-R3-CV, 2014 Tenn. App. LEXIS 500, at *36 (Tenn. Ct. App. Aug. 19, 2014), #2 Exhibit 2-Burrell v. MGM Grand Casino Detroit, No. 16-cv-10568, 2017 U.S. Dist. LEXIS 139, at *7 (E.D. Mich. Jan. 3, 2017), #3 Exhibit 3-In re Regions Morgan Keegan Sec., Derivative & ERISA Litig., No. 2:09-2009 SMH V, 2012 U.S. Dist. LEXIS 197352, at *36-37 (W.D. Tenn. Mar. 30, 2012), #4 Exhibit 4-In re King Pharm., Inc., No. 2:03-CV-77, 2004 U.S. Dist. LEXIS 30208, at *13 (E.D. Tenn. Aug. 11, 2004), #5 Exhibit 5-Clear Water Partners, LLC v. Benson, No. E2016-00442-COA-R3-CV, 2017 Tenn. App. LEXIS 45, at *22 (Tenn. Ct. App. Jan. 26, 2017), #6 Exhibit 6-Wyndham Vacation Resorts, Inc. v. Wesley Fin. Grp., LLC, No. 3:12-cv-559, 2013 U.S. Dist. LEXIS 37459, at *14 (M.D. Tenn. Feb. 28, 2013), #7 Exhibit 7-Assist-2-Sell, Inc. v. Assist-2-Build, LLC, No. 1:05-CV-193, 2005 U.S. Dist. LEXIS 34696, at *18 (E.D. Tenn. Dec. 6, 2005), #8 Exhibit 8-In re Estate of Josephson, No. M2011-01792-COA-R3-CV, 2012 Tenn. App. LEXIS 629, at *6 (Tenn. Ct. App. Sep. 11, 2012), #9 Exhibit 9-Frix v. Integrity Med. Sys., No. 1:16-cv-02559-STA-egb, 2017 U.S. Dist. LEXIS 152961, at *17 (W.D. Tenn. Sep. 20, 2017), #10 Exhibit 10-Lee v. State Volunteer Mut. Ins. Co., No. E2002-03127-COA-R3-CV, 2005 Tenn. App. LEXIS 26, at *32-33 (Tenn. Ct. App. Jan. 21, 2005))(Myers, Margaret) |
| Filing 91 Partial MOTION to Dismiss Plaintiff's Verified Complaint for Injunctive Relief and Money Damages by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Ram Tool & Supply Co. v. HD Supply Constr. Supply, Ltd., 2014 Tenn. App. LEXIS 500 (Tenn. Ct. App. Aug. 19, 2014), #2 Exhibit PGT Trucking, Inc. v. Jones, 2015 U.S. Dist. LEXIS 87756 (W.D. Tenn. July 7, 2015), #3 Exhibit Great Am. Opportunities, Inc. v. Cherry Bros., LLC, 2018 U.S. Dist. LEXIS 6777 (M.D. Tenn. Jan. 16, 2018), #4 Exhibit Lick Branch Unit, LLC v. Reed, 2014 U.S. Dist. LEXIS 16259 (E.D. Tenn. Feb. 10, 2014), #5 Exhibit Bristol Pres., LLC v. IGC-Bristol, LLC, 2017 U.S. Dist. LEXIS 97937 (E.D. Tenn. June 26, 2017), #6 Exhibit Tennison Bros. v. Thomas, 2014 Tenn. App. LEXIS 479 (Tenn. Ct. App. Aug. 6, 2014), #7 Exhibit Tennison Bros. v. Thomas, 2017 Tenn. App. LEXIS 802 (Tenn. Ct. App. Dec. 15, 2017), #8 Exhibit Clear Water Partners, LLC v. Benson, 2017 Tenn. App. LEXIS 45 (Tenn. Ct. App. Jan. 26, 2017), #9 Exhibit Subpoenas Issued by LogistiPoint to Dollar Tree, Cabela's & their employees individually, #10 Exhibit Keith v. Aerus, LLC, 2010 U.S. Dist. LEXIS 104100 (E.D. Tenn. Sep. 29, 2010), #11 Exhibit Norberry v. Life Ins. Co. of N. Am., 2009 U.S. Dist. LEXIS 8122 (M.D. Tenn. Feb. 4, 2009), #12 Exhibit B&LCorp. v. Thomas, 1996 Tenn. App. LEXIS 575 (Tenn. Ct. App. Sep. 13, 1996), #13 Exhibit Raley v. Jackson, 2007 U.S. Dist. LEXIS 42683 (M.D. Tenn. June 12, 2007))(Crowell, Daniel) |
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Filing 90
ORDER: Pending before the Court is Plaintiff's Motion for a Preliminary Injunction (Doc. No. #8 ), Plaintiff's Supplemental Filing in Support of Motion for a Preliminary Injunction (Doc. No. 67), Defendant's Response in Opposition (Doc. No. 70), and the declarations and attachments filed by both parties in support thereof. The Court held a hearing on Plaintiff's motion on May 11, 2018, and heard arguments presented by counsel for both parties. For the reasons described below, Plaintiff's motion is GRANTED in part and DENIED in part. Signed by District Judge William L. Campbell, Jr on 5/18/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 89 Joint MOTION to Seal Documents Filed by Defendants in Support of Their Response in Opposition to Plaintiff's Motion for Preliminary Injunction by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 2018 U.S. Dist. LEXIS 64259 (E.D. Mich. Apr. 17, 2018), #2 Exhibit Russell v. CSK Auto, Inc., 2017 U.S. Dist. LEXIS 67873 (E.D. Mich. May 4, 2017), #3 Exhibit The Proctor & Gamble Co. v. Ranir, LLC, 2017 U.S. Dist. LEXIS 131141 (S.D. Ohio Aug. 17, 2017), #4 Exhibit Redacted Copy of Doc. #73, #5 Exhibit Redacted Copy of Doc. #76, #6 Exhibit Redacted Copy of Doc. #77, #7 Exhibit Redacted Copy of Doc. #78, #8 Exhibit Redacted Copy of Doc. #79)(Crowell, Daniel) |
| Filing 88 SUPPLEMENT filed by LogistiPoint Consulting, LLC re #86 Joint Statement, #87 Stipulation, Motion Hearing,. (Myers, Margaret) |
| Filing 87 STIPULATION re Motion Hearing, of Defendants regarding Preliminary Injunction by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Sanders, Leslie) |
| Filing 86 JOINT Statement Regarding Preliminary Injunction filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican in support of Motion Hearing,. (Sanders, Leslie) |
| Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Motion Hearing held on 5/11/2018 re #8 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by LogistiPoint Consulting, LLC. The parties shall notify the Court by 4:00 p.m. on May 15, 2018, whether an agreed injunction will be provided to the Court concerning Defendants' possession and use of Plaintiff's trade secrets. (Court Reporter Patty Jennings.) (ab) |
| Filing 85 NOTICE of Filing by LogistiPoint Consulting, LLC of Cases (Attachments: #1 Exhibit 1 - Case Law)(King, Rocklan) |
| Filing 84 NOTICE by Seth Davis, Joshua Tree Group, LLC, Mike Mullican re #83 Order, Confirming No Live Witness Testimony During Preliminary Injunction Hearing (Crowell, Daniel) |
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Filing 83
ORDER: Plaintiff's motion for a preliminary injunction has been fully briefed by the parties in advance of the preliminary injunction hearing set for Friday, May 11, 2018, at 10:00 a.m. The parties shall submit a joint list of witnesses expected to provide live testimony at the hearing by Thursday, May 10, 2018, at 10:00 a.m., or confirm for the Court that the hearing will not involve live witness testimony. Signed by District Judge William L. Campbell, Jr on 5/8/18. (dt)
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Filing 82
ORDER granting #81 Motion to Seal as requested. After a review of the new motion to seal the court finds the revised motion has properly analyzed the documents and provided a proper basis for the court to seal the requested material and allow the public filing of the documents as redacted. (JBB)
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| Filing 81 Joint MOTION to Seal Documents filed by Plaintiff in Support of its Motion for Preliminary Injunction by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 2018 U.S. Dist. LEXIS 64259 (E.D. Mich. Apr. 17, 2018), #2 Exhibit Russell v. CSK Auto, Inc., 2017 U.S. Dist. LEXIS 67873 (E.D. Mich. May 4, 2017), #3 Exhibit The Proctor & Gamble Co. v. Ranir, LLC, No. 1:17-cv-185, 2017 U.S. Dist. LEXIS 131141 (S.D. Ohio Aug. 17, 2017), #4 Exhibit Redacted Copy of Doc. #67-1, #5 Exhibit Redacted Copy of Doc. #67-3, #6 Exhibit Redacted Copy of Doc. #67-5)(Crowell, Daniel) |
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Filing 80
ORDER: Presently pending is a motion for leave to file documents under seal (Docket Entry 72). Absent the analysis required by Beauchamp, the Clerk is DIRECTED to unseal all the documents within 14 days of the entry of this order. Signed by Magistrate Judge Joe Brown on 5/2/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 79 Sealed Document Deposition Transcript and Exhibits of Torre Crupie filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 78 Sealed Document Deposition Transcript and Exhibits of Seth Davis filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 77 Sealed Document Deposition Transcript and Exhibits of Glenn Hanley filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 76 Sealed Document Deposition Transcript and Exhibits of Mike Mullican filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 75 Sealed Document Sample Trade Secrets filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 74 Sealed Document Declaration of Mike Mullican filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 73 Sealed Document Deposition Transcript and Exhibits of Randy Moore filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6, #7 Exhibit Part 7, #8 Exhibit Part 8, #9 Exhibit Part 9, #10 Exhibit Part 10)(Crowell, Daniel) |
| Filing 72 MOTION for Leave to File Document Under Seal by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 71 APPENDIX filed by All Defendants re #70 Response in Opposition to Motion. (Attachments: #1 Exhibit Declaration of Seth Davis, #2 Exhibit Affidavit of DSicovery, #3 Exhibit Norberry v. Life Ins. Co. of N. Am., 2009 U.S. Dist. LEXIS 8122 (M.D. Tenn. Feb. 4, 2009), #4 Exhibit Bowman v. PHP Cos., 2005 U.S. Dist. LEXIS 44469 (E.D. Tenn. Nov. 8, 2005), #5 Exhibit B&L Corp. v. Thomas, 1996 Tenn. App. LEXIS 575 (Tenn. Ct. App. Sep. 13, 1996), #6 Exhibit Baker v. Battershell, 1986 Tenn. App. LEXIS 3124 (Tenn. Ct. App. July 9, 1986), #7 Exhibit Ram Tool & Supply Co. v. HD Supply Constr. Supply, Ltd., 2014 Tenn. App. LEXIS 500 (Tenn. Ct. App. Aug. 19, 2014))(Crowell, Daniel) |
| Filing 70 RESPONSE in Opposition re #8 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
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Filing 69
ORDER: Absent the parties complying with the Sixth Circuit law in this matter the Clerk is directed to unseal the remainder of the documents within 14 days of the entry of this order. The motion #64 is DENIED for Docket Entries 67-6, 67-7 and 67-8 and they will be unsealed forthwith. Signed by Magistrate Judge Joe Brown on 4/25/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 68
ORDER granting #65 Motion for Extension of Time to file its Supplemental Filing in Support of its Motion for Preliminary Injunction. Signed by District Judge William L. Campbell, Jr on 4/23/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 67 Sealed Document Supplemental Filing in Support of Plaintiff's Motion for Preliminary Injunction filed by LogistiPoint Consulting, LLC. (Attachments: #1 Exhibit 1 - Davis Depo Excerpts and Exhibits, #2 Exhibit 2 - Mullican Depo Excerpts and Exhibits, #3 Exhibit 3 - LogistiPoint 003583-003600, #4 Exhibit 4 - Hanley Depo Excerpts, #5 Exhibit 5 - Moore Depo Excerpts, #6 Exhibit 6 - Signed Acknowledgements, #7 Exhibit 7 - PROD 0022621, #8 Exhibit 8 - Employee Agreement and Signed Receipts)(Myers, Margaret) |
| Filing 66 (DISREGARD - ENTERED in ERROR) RESPONSE filed by LogistiPoint Consulting, LLC. (Myers, Margaret) Modified on 4/20/2018 (dt). |
| DOCKET ANNOTATION: Disregard DE #66 - entered in error. (dt) |
| Filing 65 MOTION for Extension of Time to File Supplemental Filing in Support of Plaintiff's Motion for Preliminary Injunction, MOTION for Extension of Time to File Response/Reply as to #64 MOTION for Leave to File Document Under Seal , #52 Order,,,, Terminate Motions,,,, Set Hearings,,, by LogistiPoint Consulting, LLC. (Myers, Margaret) |
| Filing 64 MOTION for Leave to File Document Under Seal by LogistiPoint Consulting, LLC. (Myers, Margaret) |
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Filing 63
ORDER: The portion regarding the preliminary injunction #61 schedule is GRANTED as requested. Signed by District Judge William L. Campbell, Jr on 4/12/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 62
ORDER: Pending in this matter is Plaintiff's Motion to Modify Expedited Discovery Order and Preliminary Injunction Briefing Schedule (Docket Entry #61 ). The motion is GRANTED IN PART. The deadline for completion of depositions is extended to April 12, 2018, as requested. The portion of the motion regarding the preliminary injunction briefing schedule is for Judge Campbell's consideration. The Clerk shall leave that portion of the motion pending. Signed by Magistrate Judge Joe Brown on 4/12/18. (dt)
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| Filing 61 MOTION to Modify Expedited Discovery Order and Preliminary Injunction Briefing Schedule re #52 Order,,,, Terminate Motions,,,, Set Hearings,,, 60 Order on Motion for Miscellaneous Relief by LogistiPoint Consulting, LLC. (Myers, Margaret) |
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Filing 60
ORDER granting #59 Motion for extension of time to complete expedited discovery depositions as requested to April 11, 2018. (JBB)
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| Filing 59 Joint MOTION EXTEND EXPEDITED DEPOSITIONS DEADLINE by LogistiPoint Consulting, LLC, Randy Moore. (Myers, Margaret) |
| Filing 58 RESPONSE in Opposition re #54 MOTION to Dismiss Count 1(a) of Counterclaim Plaintiff's First Amended Counterclaim filed by Seth Davis. (Attachments: #1 Exhibit Wilson v. Smythe, #2 Exhibit Garland v. Ford Motor Co.)(Crowell, Daniel) |
| Filing 57 ANSWER to #39 Counterclaim by Randy Moore.(Myers, Margaret) |
| Filing 56 ANSWER to #39 Counterclaim by LogistiPoint Consulting, LLC.(Myers, Margaret) |
| Filing 55 MEMORANDUM in Support of #54 MOTION to Dismiss Count 1(a) of Counterclaim Plaintiff's First Amended Counterclaim filed by LogistiPoint Consulting, LLC, Randy Moore . (Myers, Margaret) |
| Filing 54 MOTION to Dismiss Count 1(a) of Counterclaim Plaintiff's First Amended Counterclaim by LogistiPoint Consulting, LLC, Randy Moore. (Myers, Margaret) |
| Filing 53 WAIVER OF SERVICE Returned Executed by Seth Davis. Randy Moore waiver sent on 1/25/2018. (Crowell, Daniel) |
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Filing 52
ORDER: The parties filed a Joint Motion for Scheduling Conference to discuss the date of the hearing on Plaintiff's Motion for Preliminary Injunction. (Doc. No. 49). The parties' request for a telephonic conference with the Court is DENIED. Accordingly, the hearing on Plaintiff's request for a preliminary injunction is rescheduled for Friday, May 11, 2018 at 10:00 a.m. Plaintiff have until Monday, April 16, 2018, to file any supplement to its original Motion for Preliminary Injunction. (Doc. No. 8). Defendants have until Friday, April 27, 2018, to respond. There will be no replies. Signed by District Judge William L. Campbell, Jr on 3/22/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 51 JOINT DISCOVERY STATEMENT re: 50 Order. (dt) |
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Filing 50
ORDER The parties conducted a lengthy telephone call with me on Monday to try to resolve several discovery issues in order to prepare for a hearing with Judge Campbell on April 5, 2018. The Joint statement, submitted just before the conference, will be attached as an exhibit to this order. Provided Judge Campbell grants a new hearing date a conference call will be scheduled to set a new deadline to prepare for the hearing. Item 1: The issue of the third part subpoenas will be deferred until that call. However the Magistrate Judge is inclined to limit them to Dollar Tree if it is the only company currently doing business or having proposals for business outstanding. Responses and objections to discovery have just been exchanged between the parties and they are encouraged to work any issues out by directly talking to each other. To the extent the Plaintiff think the third party has emails and other material not produced in discovery by the Defendants they will need to make a strong showing of that likelihood before I will require third parties to produce their records. To the extent they have to produce such material it will be at the Plaintiffs expense. Item 2: The defendants state they have had a third party image the devices in question and are producing the imaged material. They now want to dispose of the devices that were imaged or reprogram them. They may do so. Unfortunately the parties failed to clearly discuss this issue and failed to simply agree on a third party to do the imaging. Had they done so this dispute would have been moot. Plaintiff has not shown a need to reimage the material with another expert. The defendant will provide an affidavit certifying the image thumb drive is complete. The defendant bear the risk of sanctions if it is later shown the imaging was not complete. Item 3: to the extent there was a request to strike the Preliminary Injunction motion that is not for me and would have to be made in a proper motion for decision by Judge Campbell. Item 4: If there is no continuance of the Preliminary Injunction hearing the third party subpoenas will not be responded to and the parties may conduct a maximum of 3 depositions each to be completed by April 3, 2018. If there is a continuance a new schedule will be entered as noted above. Given the discussion with me, if only Dollar Tree has current proposals, the parties should consider working out an agreed injunction and allow this case to proceed with a normal scheduling order and trial. They should at the very least try to agree to only present the Dollar Tree work for Judge Campbell to have to consider. (JBB)
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| Filing 49 Joint MOTION for Status Conference with District Judge Campbell by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Sanders, Leslie) |
| Minute Entry for proceedings held before Magistrate Judge Joe Brown: Telephone Conference held on 3/19/2018. Order to enter. (Time in Court: 1 hour, 5 minutes) (rd) |
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Filing 48
ORDER The parties have scheduled a conference call with me for Monday. I have no idea what it is about. Counsel will submit a joint statement of the issues to be discussed by 5:00 PM March 18, 2018 to brownchambers@tnmd.uscourts.gov. I do not want to be a blind pig rooting for a acorn on Monday. (JBB)
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Filing 47
ORDER: At the request of counsel, a telephone conference call is set with the Magistrate Judge for Monday, March 19, 2018, at 10:00 a.m. To participate in the conference call, the parties are directed to dial (877) 873-8017 at the scheduled time and enter Access Code 1958322# when prompted. Signed by Magistrate Judge Joe Brown on 3/16/18. (dt)
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| TN State Bar status verified as active for L. Lymari Cromwell. (dt) |
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Filing 46
ORDER: Counsel for the parties have contacted the Magistrate Judge's office to advise that they have resolved their discovery matters. Accordingly, the telephone conference currently scheduled for Monday, March 5, 2018, is hereby CANCELED. Signed by Magistrate Judge Joe Brown on 3/5/18. (dt)
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Filing 45
ORDER: Telephone Conference set for 3/5/2018 at 3:00 PM before Magistrate Judge Joe Brown. Signed by Magistrate Judge Joe Brown on 3/2/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 44 NOTICE of Appearance by L. Lymari Cromwell on behalf of Seth Davis, Joshua Tree Group, LLC, Mike Mullican (Cromwell, L.) |
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Filing 43
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. All existing case management dates, deadlines, and trial settings remain in effect. Signed by District Judge William L. Campbell, Jr on 2/23/18. (dt)
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Filing 42
ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge William L. Campbell, Jr. for all purposes. All deadlines set by order remain in place, as does the preliminary injunction hearing, scheduled for April 6, 2018, and the trial and pretrial conference scheduled in July 2019, subject to modification by Judge Campbell. Signed by District Judge Aleta A. Trauger on 2/20/18. (dt)
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| TN State Bar status verified as active for Margaret R.T. Myers and Rocklan W. King, III. (dt) |
| Filing 41 NOTICE of Appearance by Rocklan W. King, III on behalf of Randy Moore (King, Rocklan) |
| Filing 40 NOTICE of Appearance by Margaret R.T. Myers on behalf of Randy Moore (Myers, Margaret) |
| Filing 39 Amended COUNTERCLAIM against LogistiPoint Consulting, LLC, Randy Moore, filed by Seth Davis.(Crowell, Daniel) |
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Filing 38
ORDER: The plaintiff's request for a preliminary injunction is set for hearing on Friday, April 6, 2018 at 10:00 a.m. Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 37
ORDER SETTING CASE FOR TRIAL: Jury Trial set for 7/16/2019 at 9:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 7/12/2019 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Proposed Pretrial Order due by 7/9/2019. Exhibit List due by 7/9/2019. Witness List due by 7/9/2019. Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 36
STIPULATED PROTECTIVE ORDER Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 35
ORDER granting #32 Motion for Protective Order. Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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Filing 34
AGREED EXPEDITED DISCOVERY ORDER Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Main Document 34 replaced on 2/13/2018) (dt).
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Filing 33
INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 5/1/2018. Discovery due by 9/28/2018. Dispositive Motions due by 2/28/2019. Signed by District Judge Aleta A. Trauger on 2/6/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 32 Joint MOTION for Protective Order by LogistiPoint Consulting, LLC. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Myers, Margaret) |
| Filing 31 PROPOSED CASE MANAGEMENT ORDER filed by LogistiPoint Consulting, LLC. (Myers, Margaret) |
| Filing 30 NOTICE of Filing by LogistiPoint Consulting, LLC re #12 MOTION for Discovery (Expedited) (Attachments: #1 Exhibit 1 - Proposed Expedited Discovery Order)(Myers, Margaret) |
| Filing 29 COUNTERCLAIM against LogistiPoint Consulting, LLC and Randy Moore filed by Seth Davis.(Crowell, Daniel) Modified on 1/17/2018 (dt). |
| Filing 28 First Amended ANSWER to #1 Complaint,, by Seth Davis, Joshua Tree Group, LLC, Mike Mullican.(Crowell, Daniel) |
| Filing 27 ANSWER to #1 Complaint,, by Seth Davis, Joshua Tree Group, LLC, Mike Mullican.(Crowell, Daniel) |
| Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 12/8/2017. (kb) |
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Filing 26
ORDER denying as moot #11 Motion for Emergency Hearing on Application for Temporary Restraining Order. Signed by District Judge Aleta A. Trauger on 12/8/17. (dt)
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| Filing 25 PROPOSED CASE MANAGEMENT ORDER Jointly Proposed By the Parties filed by LogistiPoint Consulting, LLC. (King, Rocklan) |
| TN State Bar status verified as active for Daniel Caden Crowell and Leslie Goff Sanders. (dt) |
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Filing 24
ORDER granting #21 MOTION for a Case Management Conference. Initial Case Management Conference set for 12/8/2017 at 4:00 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 12/5/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 23 RESPONSE to #21 MOTION for a Case Management Conference filed by LogistiPoint Consulting, LLC. (Myers, Margaret) Modified on 12/6/2017 (dt). |
| Filing 22 SUMMONS returned executed by LogistiPoint Consulting, LLC. All Defendants. (Myers, Margaret) |
| Filing 21 MOTION for a Case Management Conference by Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Crowell, Daniel) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT filed by Joshua Tree Group, LLC. (Crowell, Daniel) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by LogistiPoint Consulting, LLC. (Myers, Margaret) |
| Filing 18 NOTICE of Appearance by Leslie Goff Sanders on behalf of All Defendants (Sanders, Leslie) |
| Filing 17 NOTICE of Appearance by Daniel Caden Crowell on behalf of All Defendants (Crowell, Daniel) |
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Filing 16
ORDER granting #10 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 12/1/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 15
ORDER: Motion #7 GRANTED TO FILE CONFIDENTIAL EXHIBITS TO VERIFIED COMPLAINT UNDER SEAL. Signed by District Judge Aleta A. Trauger on 12/1/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 14
ORDER granting #6 Motion for Leave to File Document Under Seal by LogistiPoint Consulting, LLC. Signed by District Judge Aleta A. Trauger on 12/1/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 13
ORDER denying #8 Motion for TRO. Signed by District Judge Aleta A. Trauger on 12/1/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
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| Filing 12 MOTION for Discovery (Expedited) by LogistiPoint Consulting, LLC. (Attachments: #1 Attachment Proposed Order for Motion for Expedited Discovery)(King, Rocklan) |
| Filing 11 MOTION for Hearing re #8 First MOTION for Temporary Restraining Order and Preliminary Injunction by LogistiPoint Consulting, LLC. (King, Rocklan) |
| Filing 10 First MOTION for Leave to File Excess Pages for the Memorandum of Law in Support of the Application for Temporary Restraining Order and Motion for Preliminary Injunction by LogistiPoint Consulting, LLC. (King, Rocklan) |
| Filing 9 MEMORANDUM in Support of #8 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by LogistiPoint Consulting, LLC . (King, Rocklan) |
| Filing 8 First MOTION for Temporary Restraining Order and Preliminary Injunction by LogistiPoint Consulting, LLC. (Attachments: #1 Attachment Proposed Restraining Order)(King, Rocklan) |
| Filing 7 Sealed Document to Verified Complaint filed by LogistiPoint Consulting, LLC. (Attachments: #1 Exhibit Excerpts from Handbook, #2 Exhibit Handbook Acknowledgement Receipts, #3 Exhibit Glenn Hanley Affidavit with attached Exhibits, #4 Exhibit LogistiPoint Template Offer Letter, #5 Exhibit LogistiPoint Template Draft Employment Agreement, #6 Exhibit Davis and Mullican Cease and Desist Letters)(King, Rocklan) |
| Filing 6 First MOTION for Leave to File Document Under Seal by LogistiPoint Consulting, LLC. (Attachments: #1 Attachment Order Authorizing Filing of Confidential Exhibits to Verified Complaint Under Seal)(King, Rocklan) |
| Filing 5 Summons issued as to Seth Davis, Joshua Tree Group, LLC, Mike Mullican. (Service copies returned to counsel by mail.)(dt) |
| Filing 4 NOTICE of Initial Case Management Conference set for 2/2/2018 at 1:45 PM in Chambers 825 before District Judge Aleta A. Trauger. (dt) |
| Filing 3 NOTICE of Corporate Disclosure Statement filing requirement. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| TN State Bar status verified as active for Margaret R.T. Myers and Rocklan W. King, III. (dt) |
| Filing 1 COMPLAINT against Seth Davis, Joshua Tree Group, LLC and Mike Mullican (Filing fee $400, Receipt number 0650-2564574), filed by LogistiPoint Consulting, LLC. (Attachments: #1 Exhibit 1-3 To Be Filed UNDER SEAL, #2 Exhibit 4 - Domain Name Reg, #3 Exhibit 5 - July 19, 2017 Email, #4 Exhibit 6 - App. for Reinstatement, #5 Exhibit 7-8 To Be Filed UNDER SEAL, #6 Exhibit 9 - Articles of Incorporation, #7 Exhibit 10 - To Be Filed UNDER SEAL, #8 Attachment - Civil Cover Sheet)(dt) |
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