Johnson et al v. Staniszewski et al
| Charles Johnson and Eillen Johnson |
| Kathleen Bruce, Michael Remick, Fox River Accounting Services, LLC and Servant Logistics |
| Donald Staniszewski |
| Angela McCluskey, Kevin Allen, Steven Pioch, Raymond Borger and The Pillar Group, LLC |
| 3:2023cv01002 |
| September 20, 2023 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Consumer Credit |
| 15 U.S.C. § 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #28 Joint Motion to Stay Proceedings and Set Response Deadlines re #7 Answer to Complaint and #25 Motion to Sever and Remand. Answers due by 12/8/2023. Responses due by 12/8/2023. Signed by Magistrate Judge Alistair Newbern on 11/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Servant Logistics and Charles Johnson answers due 12/8/2023. Response to #25 Motion to Sever and Remand due by 12/8/2023. Signed by Magistrate Judge Alistair Newbern on 11/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
| Filing 29 PROPOSED CASE MANAGEMENT ORDER Staying Proceedings and Setting Response Deadlines filed by All Plaintiffs. (Pepper, J.) |
| Filing 28 Joint MOTION to Stay Proceedings, Joint MOTION for Extension of Time to File Answer to Counterclaims and Third-Party Complaint, Joint MOTION for Extension of Time to File Response/Reply to Motion to Sever and Remand by Charles Johnson. (Pepper, J.) |
| Filing 27 NOTICE of Appearance by Jimmy B. Meeks, Jr on behalf of Servant Logistics (Meeks, Jimmy) |
| Filing 26 MEMORANDUM in Support of #25 MOTION to Remand to State Court filed by Charles Johnson, Eillen Johnson . (Pepper, J.) |
| Filing 25 MOTION to Remand to State Court by Charles Johnson, Eillen Johnson. (Pepper, J.) |
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Filing 24
ORDER denying #16 Motion for Leave to File Document Under Seal. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/19/2023. (af)
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| Filing 23 STATUS REPORT Regard Mediation by Kevin Allen, Raymond Borger, Kathleen Bruce, Fox River Accounting Services, LLC, Angela McCluskey, Steven Pioch, Michael Remick, Servant Logistics, Donald Staniszewski, The Pillar Group, LLC. (Thorsen, Christopher) |
| Filing 22 NOTICE of Filing by Kevin Allen, Angela McCluskey, Steven Pioch, Michael Remick, Donald Staniszewski, The Pillar Group, LLC Injunction Bond (Attachments: #1 Exhibit A - Injunction Bond)(Thorsen, Christopher) |
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Filing 21
ORDER granting #14 Motion for Preliminary Injunction. For the reasons stated on the record at the hearing on October 5, 2023, the Court imposes the following limited preliminary injunction: Charles Johnson and his agents, servants, entities, and all persons acting in concert with him or them, including Servant Logistics, LLC, shall not directly or indirectly engage in the logistics business with or solicit new business from clients of Pillar Group identified in this Order. The parties Joint Submission (Doc. No. 20) and competing affidavits (Doc. Nos. 20-1, 20-2) demonstrate their continued disagreement on whether Best Buy and any distribution sites of Costco Wholesale, The General Electric Company, and Restoration Hardware not listed above should be covered by this Order. The Court will reserve decision on this disagreement, which will require an evidentiary hearing. Should any party seek to modify this Order, they shall move for an evidentiary hearing to supplement the record before the Court.Pursuant to Federal Rule of Civil Procedure 65(c), bond is set in the amount of $10,000. Additionally, no later than October 17, 2023, the parties shall file notice of an agreed-upon mediator and mediation date. Mediation shall occur in person, and each party shall send an attendee with final authority to enter into any mediation agreement reached. This Order shall stay in effect until otherwise ordered by the Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/11/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (vk)
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| Filing 20 JOINT Statement (Joint Submission of Counter-Defendants and Charles Johnson Regarding the Clients of The Pillar Group, LLC and the Appropriate Amount of the Bond). (Attachments: #1 Exhibit A - Declaration of Donald Staniszewski, #2 Exhibit B - Declaration of Charles Johnson)(Thorsen, Christopher) |
| Filing 19 NOTICE of Filing by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC (Attachments: #1 Exhibit A - Operating Agreement for The Pillar Group, LLC dated August 4, 2017, #2 Exhibit B - Amended and Restated Operating Agreement dated May 9, 2013)(Thorsen, Christopher) |
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Filing 18
ORDER: Counter-Plaintiffs/Third-Party Plaintiffs, the Pillar Group, LLC et al, shall immediately file or deliver (3 copies) of a true and complete copy of the August 4, 2017 initial Limited Liability Company Agreement of Pillar Group, LLC and all amendments thereto. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/5/2023. (kc)
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| Filing 17 Summons issued as to Servant Logistics. Service packet returned to counsel by regular mail. (kc) |
| Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Status Conference held on 10/5/2023 on the renewed motion for temporary injunction of the Pillar Group. The Court will issue a very limited injunction. Mr. Johnson and those working with him, are prohibited from engaging in the logistics business with clients of Pillar from 2017 to May of 2023 and any clients that he worked on during that time. Counsel for the parties shall meet and provide the Court with a list of these clients. Counsel shall also agree upon a date for mediation and a mediator and provide notice to the Court. This case will be referred back to the Magistrate Judge. (Court Reporter Roxann Harkins.) (Hearing lasted 1:23)(Seay, Melissa) |
| Filing 16 MOTION for Leave to File Document Under Seal by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC. (Attachments: #1 Exhibit A - Declaration of Donald Staniszewski Oct 4 2023)(Thorsen, Christopher) |
| Filing 15 MEMORANDUM in Support of #14 Second MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC . (Thorsen, Christopher) |
| Filing 14 Second MOTION for Temporary Restraining Order and Preliminary Injunction by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC. (Attachments: #1 Attachment Proposed Order Granting Temporary Injunction)(Thorsen, Christopher) |
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Filing 13
ORDER granting #11 Motion for Leave to File Document Under Seal and Doc. No. #11 -1 shall be sealed. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/4/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 12
ORDER: Pillar Group and its Members' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. 9) is DENIED. For the reasons set forth in the Order, the Motion falls short of the Federal Rule of Civil Procedure 65's requirements. The Court shall hold a status conference in this case on October 5, 2023, at 1:00 p.m. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/3/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk)
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| Filing 11 MOTION for Leave to File Document Under Seal by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC. (Attachments: #1 Exhibit 1 - Declaration of Donald E. Staniszewski)(Thorsen, Christopher) |
| Filing 10 MEMORANDUM in Support of #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC . (Thorsen, Christopher) |
| Filing 9 MOTION for Temporary Restraining Order and Preliminary Injunction by Kevin Allen, Angela McCluskey, Michael Remick, Donald Staniszewski, The Pillar Group, LLC. (Attachments: #1 Attachment Proposed Order Granting Temporary Restraining Order)(Thorsen, Christopher) |
| Filing 8 NOTICE of Summons to be Issued as to Servant Logistics, LLC. (Thorsen, Christopher) |
| Filing 7 ANSWER to Complaint , THIRD PARTY COMPLAINT against Servant Logistics, COUNTERCLAIM against Charles Johnson by Kathleen Bruce, Fox River Accounting Services, LLC, Donald Staniszewski, Angela McCluskey, Steven Pioch, Kevin Allen, Michael Remick, The Pillar Group, LLC, Raymond Borger.(Thorsen, Christopher) |
| Set/Reset Hearings: Status Conference set for 10/5/2023 01:00 PM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. (vk) |
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Filing 6
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 9/21/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 12/19/2023 at 10:00 AM before Magistrate Judge Alistair Newbern. (af) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (af) |
| NOTICE TO COUNSEL Jimmy B. Meeks, Jr: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 10/12/2023. (af) |
| TN State Bar status verified as active for Christopher E. Thorsen, J. Ross Pepper, Jr admitted to this court. (af) |
| TN State Bar status verified as active for Jimmy B. Meeks, Jr not admitted to this court. (af) |
| Filing 1 NOTICE OF REMOVAL by Kevin Allen, Raymond Borger, Kathleen Bruce, Fox River Accounting Services, LLC, Angela McCluskey, Steven Pioch, Michael Remick, Donald Staniszewski, The Pillar Group, LLC from Circuit Court for Sumner County, case number 83CC1-2023-CV-857. ( Filing fee $ 402 receipt number ATNMDC-3917041) (Attachments: #1 Exhibit A - State Court Complaint and Summonses, #2 Attachment - Civil Cover Sheet)(af) |
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