RN Entertainment, LLC v. Clement et al
| RN Entertainment, LLC |
| Cathy Preiss, David Clement and On the Road Coach, LLC |
| 3:2019cv00152 |
| February 18, 2019 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Other Fraud |
| 18 U.S.C. § 1030 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2019. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #45 Amended MOTION for Hearing on RN Entertainment's Motion for a Preliminary Injunction. A hearing to consider Plaintiff's motion for a preliminary injunction is set for June 5, 2019, at 1:00 p.m. and will continue, if necessary, on June 6, 2019, at 9:00 a.m. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/17/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 50 NOTICE of Filing by RN Entertainment, LLC - Stipulated Protective Order (Attachments: #1 Attachment Stipulated Protective Order)(Swafford, Thomas) |
| Set/Reset Hearings: Motion Hearing set for 6/5/2019 01:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. (am) |
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Filing 49
STIPULATED ORDER AND PROTOCOL REGARDING ELECTRONIC DISCOVERY AND FORMAT OF PRODUCTION OF DOCUMENTS. Signed by Magistrate Judge Alistair Newbern on 4/15/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 48
ORDER: Telephone Conference set for 4/17/2019 02:00 PM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 4/15/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 47 DISCOVERY DISPUTE STATEMENT by RN Entertainment, LLC. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Defendants' Redline to Proposed Protective Order)(Swafford, Thomas) |
| Filing 46 NOTICE by RN Entertainment, LLC of Filing of Stipulated Order and Protocol Regarding Electronic Discovery and Format of Production of Documents (Attachments: #1 Attachment Stipulated Order and Protocol Regarding Electronic Discovery and Format of Production of Documents)(Swafford, Thomas) |
| Filing 45 Amended MOTION for Hearing on RN Entertainment's Motion for a Preliminary Injunction by RN Entertainment, LLC. (Swafford, Thomas) |
| Filing 44 **DISREGARD FILED IN ERROR** Amended MOTION for Hearing on RN Entertainment's Motion for a Preliminary Injunction by RN Entertainment, LLC. (Swafford, Thomas) Modified on 4/15/2019 (am). |
| Filing 43 **DISREGARD FILED IN ERROR**Joint MOTION for Hearing on RN Entertainment's Motion for a Preliminary Injunction by RN Entertainment, LLC. (Swafford, Thomas) Modified on 4/15/2019 (am). |
| Filing 42 MEMORANDUM in Support of #41 MOTION to Dismiss for Failure to State a Claim filed by David Clement, On the Road Coach, LLC, Cathy Preiss . (Goldammer, Benjamin) |
| Filing 41 MOTION to Dismiss for Failure to State a Claim by David Clement, On the Road Coach, LLC, Cathy Preiss. (Goldammer, Benjamin) |
| **DISREGARD DE: 40 ENTERED IN ERROR. (am) |
| Filing 40 **DISREGARD ENTERED IN ERROR**INFORMATION COPY from 6CCA: With one exception, all of the district court's orders recited in the plaintiffs' notice of appeal are affirmed. The exception is the district court's fee award in its May 7, 2018 order, which is vacated. The case is remanded for proceedings consistent with this opinion. (am) Modified on 4/2/2019 (am). |
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Filing 39
ORDER granting #37 Joint MOTION to Modify Order Regarding Expedited Discovery and Preliminary Injunction Briefing Schedule. Signed by Magistrate Judge Alistair Newbern on 4/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 38
ORDER denying as moot #29 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/1/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Set/Reset Hearings: Initial Case Management Conference reset for 7/9/2019 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (am) |
| Filing 37 Joint MOTION to Modify Order Regarding Expedited Discovery and Preliminary Injunction Briefing Schedule by RN Entertainment, LLC. (Attachments: #1 Attachment Proposed Order)(Swafford, Thomas) |
| Filing 36 AMENDED COMPLAINT against All Defendants, filed by RN Entertainment, LLC. (Attachments: #1 Exhibit A (Clement Linkedin profile), #2 Exhibit B (On The Road Coach, LLC TN Sec'y of State Filing Information), #3 Exhibit C (Preiss Linkedin profile), #4 Exhibit D (On The Road Coach LLC RI Articles of Incorporation), #5 Exhibit E (On The Road Coach, LLC DOT records), #6 Exhibit F (On The Road Coach LLC RI Certificate of Revocation), #7 Exhibit G (RN Entertainment GoDaddy products page), #8 Exhibit H (Clement cease and desist), #9 Exhibit I (Preiss cease and desist))(Swafford, Thomas) |
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Filing 35
ORDER denying as moot #22 Motion for Reconsideration. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/14/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 34
RESTRAINING ORDER: It is further ORDERED that this Restraining Order shall remain in effect until the court has made a ruling, after a hearing, on Plaintiff's Motion for Preliminary Injunction, unless extended by further order of this Court or by the consent of the Defendants, as provided in Federal Rule of Civil Procedure 65. The Court's previous temporary restraining order (Doc. No. 20) is hereby VACATED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 33
ORDER denying #31 Motion for Extension of Time to Answer. Signed by Magistrate Judge Alistair Newbern on 3/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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Filing 32
ORDER: On March 11, 2019, Defendants filed a partial motion to dismiss. (Doc. No. 29.) Pursuant to Local Rule 7.01(a)(3), any response is to be filed within 14 days after service of the motion. M.D. Tenn. R. 7.01(a)(3) (response). A reply memorandum not to exceed five pages may be filed within 7 days after service of the response. Id. 7.01(a)(4) (reply). Any filings made related to the partial motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Crenshaw unless referred to the undersigned magistrate judge. Signed by Magistrate Judge Alistair Newbern on 3/12/2019. (am)
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| VA State Bar status verified as active for Joshua C. Cumby. (am) |
| Filing 31 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by David Clement, On the Road Coach, LLC, Cathy Preiss. (Goldammer, Benjamin) |
| Filing 30 MEMORANDUM in Support of #29 Partial MOTION to Dismiss for Failure to State a Claim filed by David Clement, On the Road Coach, LLC, Cathy Preiss . (Goldammer, Benjamin) |
| Filing 29 Partial MOTION to Dismiss for Failure to State a Claim by David Clement, On the Road Coach, LLC, Cathy Preiss. (Goldammer, Benjamin) |
| Filing 28 NOTICE of Appearance by Joshua C. Cumby on behalf of RN Entertainment, LLC (Cumby, Joshua) |
| Filing 27 NOTICE of Filing by RN Entertainment, LLC re Motion Hearing, (Attachments: #1 Attachment Proposed Restraining Order)(Swafford, Thomas) |
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Filing 26
ORDER granting #19 Motion for Discovery. The parties shall serve all written discovery by March 15, 2019. All responses shall be made by March 29, 2019. Depositions shall conclude by April 12, 2019. The parties anticipate a one-to-two-day preliminary injunction hearing. The parties are available for a hearing April 29-May 2, 2019, and May 7-May 10, 2019. The initial case management conference set for April 22, 2019, is CONTINUED to May 22, 2019, at 9:30 a.m. Signed by Magistrate Judge Alistair Newbern on 3/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 25 REPLY to Response to Motion re #16 MOTION for Temporary Restraining Order and Preliminary Injunction filed by RN Entertainment, LLC. (Swafford, Thomas) |
| Set/Reset Hearings: Initial Case Management Conference reset for 5/22/2019 at 09:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (am) |
| Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Scheduling Conference held on 3/8/2019. (tm) |
| Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Motion Hearing held on 3/8/2019 re #18 Emergency MOTION for Hearing re #16 MOTION for Temporary Restraining Order and Preliminary Injunction filed by RN Entertainment, LLC. Agreement reached and read into the record. (Court Reporter Cathy Leigh.)(Parise, Kelly) |
| Filing 24 NOTICE of Filing by David Clement, On the Road Coach, LLC, Cathy Preiss re #23 Response in Opposition to Motion, (Attachments: #1 Attachment Exhibit 3 to Response - Letter from Plaintiff's Counsel)(Goldammer, Benjamin) |
| Filing 23 JOINT RESPONSE in Opposition re #16 MOTION for Temporary Restraining Order and Preliminary Injunction filed by David Clement, On the Road Coach, LLC, Cathy Preiss. (Attachments: #1 Exhibit 1 - Declaration of David Clement, #2 Exhibit 2 - Declaration of Catherine Preiss)(Goldammer, Benjamin) Modified Text on 3/7/2019 (am). |
| Filing 22 Emergency MOTION for Reconsideration re 20 Order on Motion for TRO,,, by David Clement, On the Road Coach, LLC. (Attachments: #1 Exhibit 1-Counsel correspondence)(Gill, Byron) |
| Filing 21 NOTICE of Filing by RN Entertainment, LLC - Bond Posted (Swafford, Thomas) |
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Filing 20
**VACATED PER DE:34**TEMPORARY RESTRAINING ORDER: In accordance with Rule 65, RN shall file a bond in the sum of $24,000, from which any party that is wrongfully restrained may recover its costs and damages. RNs Motion for Emergency Hearing on Application for Temporary Restraining Order (Doc. No. 18) is GRANTED. RN SHALL serve a copy of this Order on Defendants IMMEDIATELY. The Court will hold a hearing solely on continuation of this Temporary Restraining Order on March 8, 2019 at 9:00 a.m. Defendants SHALL file a response only to RN's request for injunctive relief by March 7, 2019 at 12:00p.m. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/4/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified on 3/12/2019 (am).
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| Set Hearing: Motion Hearing set for 3/8/2019 09:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr.. (af) |
| Filing 19 MOTION for Discovery by RN Entertainment, LLC. (Swafford, Thomas) |
| Filing 18 Emergency MOTION for Hearing re #16 MOTION for Temporary Restraining Order and Preliminary Injunction by RN Entertainment, LLC. (Swafford, Thomas) |
| Filing 17 MEMORANDUM in Support of #16 MOTION for Temporary Restraining Order and Preliminary Injunction filed by RN Entertainment, LLC . (Swafford, Thomas) |
| Filing 16 MOTION for Temporary Restraining Order and Preliminary Injunction by RN Entertainment, LLC. (Attachments: #1 Exhibit A (Temporary Restraining Order))(Swafford, Thomas) |
| TN State Bar status verified as active for Michael A. Johnson, Benjamin E. Goldammer. (am) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cathy Preiss. (Johnson, Michael) |
| Filing 14 NOTICE of Appearance by Benjamin E. Goldammer on behalf of Cathy Preiss (Goldammer, Benjamin) |
| Filing 13 NOTICE of Appearance by Michael A. Johnson on behalf of Cathy Preiss (Johnson, Michael) |
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Filing 12
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/26/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| TN State Bar status verified as active for Byron M. Gill. (am) |
| Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by On the Road Coach, LLC. (Gill, Byron) |
| Filing 10 NOTICE of Appearance by Byron M. Gill on behalf of David Clement, On the Road Coach, LLC (Gill, Byron) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by RN Entertainment, LLC. (Swafford, Thomas) |
| Filing 8 SUMMONS returned executed by RN Entertainment, LLC. Cathy Preiss served on 2/20/2019. (Swafford, Thomas) |
| Filing 7 SUMMONS returned executed by RN Entertainment, LLC. On the Road Coach, LLC served on 2/20/2019. (Swafford, Thomas) |
| Filing 6 SUMMONS returned executed by RN Entertainment, LLC. David Clement served on 2/20/2019. (Swafford, Thomas) |
| Filing 5 Summons issued as to David Clement, On the Road Coach, LLC, Cathy Preiss. (Service packets to be picked up at the front counter by the attorney.) (am) |
| Filing 4 NOTICE of Initial Case Management Conference set for 4/22/2019 at 11:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (am) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| TN State Bar status verified as active for Thomas Anthony Swafford, Margaret R.T. Myers. (am) |
| Filing 1 COMPLAINT against David Clement, On the Road Coach, LLC, Cathy Preiss (Filing fee $400, Receipt number 0650-2855459), filed by RN Entertainment, LLC. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Clement Linkedin, #3 Exhibit B - On the Road Coach, LLC TN Sec'y of State Filing Information), #4 Exhibit C - Cathy Preiss Linkedin Profile), #5 Exhibit D - (On the Road Coach, LLC DOT License), #6 Exhibit E - (Clement Cease and Desist), #7 Exhibit F - Preiss Cease and Desist))(am) |
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