ECI Software Solutions, Inc. v. John Plyer Plumbing and Hardware, Inc. et al
| ECI Software Solutions, Inc. |
| Prosperity Computer Solutions, LLC, John Plyer Plumbing and Hardware, Inc. and Olshan Lumber Company |
| 2:2018cv00337 |
| August 3, 2018 |
| US District Court for the Eastern District of Texas |
| Marshall Office |
| Anderson |
| Rodney Gilstrap |
| Other Statutory Actions |
| 18 U.S.C. § 1836 (a) Injunction against Misappropriation of Trade Secrets |
| None |
Docket Report
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This docket was last retrieved on September 6, 2018. A more recent docket listing may be available from PACER.
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| Filing 45 Defendant John Plyler Plumbing and Hardware, Inc.'s ANSWER to #1 Complaint , COUNTERCLAIM against ECI Software Solutions, Inc. by John Plyer Plumbing and Hardware, Inc..(Mayberry, Audra) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) |
| Filing 44 ANSWER to #1 Complaint by Prosperity Computer Solutions, LLC.(Sedge, Brent) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) |
| FILED IN ERROR: PLEASE DISREGARD! NOTICE of Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motion Hearing RESET for 9/14/2018 01:30 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***NOTICE: Only the TIME for the hearing has changed.***(jml) Modified on 9/5/2018 (jml, ). |
| NOTICE of Hearing on Motions #22 Emergency MOTION to Change Venue and Brief in Support, #30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing by ECI Software Solutions, Inc., #43 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company, #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motions Hearing set for 9/14/2018 01:30 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***PLEASE NOTE THAT ADDITIONAL MOTIONS HAVE BEEN ADDED FOR THE HEARING.***(jml, ) |
| Filing 43 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company by Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit Prosperity's State Court Motion to Transfer Venue)(Sedge, Brent) (Additional attachment(s) added on 9/5/2018: #2 Text of Proposed Order) (nkl, ). |
| Filing 42 Olshan Lumber Company's Original ANSWER to #1 Complaint by Olshan Lumber Company.(Shadle, Todd) |
| ***FILED IN ERROR PER ATTORNEY. Document # 38, REPLY to Response to Motion. PLEASE IGNORE.*** (nkl, ) |
| Filing 41 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Olshan Lumber Company.( Shadle, Todd) |
| Filing 40 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re John Plyer Plumbing and Hardware, Inc..( Mayberry, Audra) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for John Plyer Plumbing and Hardware, Inc. to 9/6/2018. 7 Days Granted for Deadline Extension.( nkl, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Prosperity Computer Solutions, LLC to 9/5/2018. 7 Days Granted for Deadline Extension.( ch, ) |
| Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Olshan Lumber Company to 9/4/2018. 5 Days Granted for Deadline Extension.( ch, ) |
| Filing 39 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Prosperity Computer Solutions, LLC.( Sedge, Brent) |
| Filing 38 FILED IN ERROR PER ATTORNEY REPLY to Response to Motion re #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company filed by John Plyer Plumbing and Hardware, Inc.. (Attachments: #1 Affidavit Declaration of Audra Mayberry)(Mayberry, Audra) Modified on 8/31/2018 (nkl, ). |
Filing 37
ORDER re #36 Stipulation to Extend Temporary Restraining Order filed by ECI Software Solutions, Inc.. Signed by District Judge Rodney Gilstrap on 8/28/2018. (nkl, )
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| Filing 36 STIPULATION to Extend Temporary Restraining Order by ECI Software Solutions, Inc.. (Attachments: #1 Proposed Order)(Lovett, Mary-Olga) |
| Filing 35 RESPONSE to Motion re #22 Emergency MOTION to Change Venue and Brief in Support filed by ECI Software Solutions, Inc.. (Attachments: #1 Affidavit Declaration of Rene Trevino, #2 Exhibit 1 - Prosperity SOS Entity Information, #3 Exhibit 2 - John Plyler Registered Agent, #4 Exhibit 3 - Olshan SOS Entity Information, #5 Exhibit 4 - Prosperity Motion to Transfer, #6 Exhibit 5 -Court Statistic, #7 Text of Proposed Order)(Lovett, Mary-Olga) |
| NOTICE OF CANCELLATION OF HEARING: The Show Cause hearing previously set on August 23, 2018 at 12:00 p.m. is CANCELLED. (jml) |
| Filing 34 NOTICE of Attorney Appearance by Martin Ellis Thornthwaite on behalf of John Plyer Plumbing and Hardware, Inc. (Thornthwaite, Martin) |
| Filing 33 NOTICE of Attorney Appearance by Elisaveta Dolghih on behalf of Prosperity Computer Solutions, LLC (Dolghih, Elisaveta) |
| NOTICE of Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company : Motion Hearing RESET for 9/14/2018 03:45 PM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***Please note that the only change is the TIME for the hearing.***(jml) |
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Filing 32
ORDER granting in part #30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing. ORDER Setting Hearing on Motion #24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company. Motion Hearing set for 9/14/2018 03:30 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/20/2018. (ch, )
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| Filing 31 NOTICE by Prosperity Computer Solutions, LLC (Dolghih, Elisaveta) |
| Filing 30 Joint MOTION for Temporary Restraining Order Joint Motion to Extend Temporary Restraining Order and Reset Preliminary Injunction Hearing by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(Lovett, Mary-Olga) |
| ***FILED IN ERROR. USE LOG IN AND PASSWORD OF ATTORNEY THE NOTICE IS FOR. Document # 29, Notice of Attorney Appearance. PLEASE IGNORE.*** (ch, ) |
| Filing 29 ***FILED IN ERROR***NOTICE of Attorney Appearance by Brent Douglas Sedge on behalf of Prosperity Computer Solutions, LLC (Sedge, Brent) Modified on 8/20/2018 (ch, ). |
| Filing 28 MOTION for Protective Order by Prosperity Computer Solutions, LLC. (Attachments: #1 Exhibit 1 - Notice of Deposition, #2 Exhibit 2 - Itinerary, #3 Text of Proposed Order Proposed Order)(Sedge, Brent) |
| Filing 27 NOTICE of Attorney Appearance by Brent Douglas Sedge on behalf of Prosperity Computer Solutions, LLC (Sedge, Brent) |
| Filing 26 NOTICE by Olshan Lumber Company Filing Certification of Deletion (Attachments: #1 Affidavit Certification of Deletion)(Shadle, Todd) |
| Filing 25 NOTICE by John Plyer Plumbing and Hardware, Inc. re #14 Order on Motion to Expedite Certification of John Plyler Plumbing (Mayberry, Audra) |
| Filing 24 MOTION for Joinder Emergency Motion to Transfer Venue and Brief in Support by Defendant Olshan Lumber Company by John Plyer Plumbing and Hardware, Inc.. (Mayberry, Audra) (Additional attachment(s) added on 8/21/2018: #1 Text of Proposed Order) (nkl, ). |
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Filing 23
ORDER re #22 Emergency MOTION to Change Venue and Brief in Support filed by Olshan Lumber Company. Signed by District Judge Rodney Gilstrap on 8/16/2018. (nkl, )
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| Filing 22 Emergency MOTION to Change Venue and Brief in Support by Olshan Lumber Company. (Attachments: #1 Exhibit A - End User License Agreement Version 06.04.07, #2 Exhibit B - End User License Agreement Version 12.19.13, #3 Text of Proposed Order Order on Emergency Motion to Transfer Venue)(Shadle, Todd) |
| Filing 21 Sealed Document. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D)(LaVigne, Christopher) |
| Filing 20 Unopposed MOTION to Seal Document Plaintiff's Unopposed Motion to Seal Certain Exhibits by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 19 SUMMONS Returned Executed by ECI Software Solutions, Inc.. John Plyer Plumbing and Hardware, Inc. served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) |
| Filing 18 SUMMONS Returned Executed by ECI Software Solutions, Inc.. Prosperity Computer Solutions, LLC served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) |
| Filing 17 SUMMONS Returned Executed by ECI Software Solutions, Inc.. Olshan Lumber Company served on 8/9/2018, answer due 8/30/2018. (LaVigne, Christopher) |
| Filing 16 CASH BOND in the amount of $ 2,500.00 posted by ECI Software Solutions, Inc., receipt no. 6-43117. Per Agreed Temporary Restraining Order #13 . (mjc, ) Modified on 8/13/2018 (mjc, ). |
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Filing 13
ORDER granting #3 Motion for TRO. Preliminary injunction shall be SET for August 23, 2018 at 12:00 p.m., in the courtroom of the undersigned at the United States District Court for the Eastern District of Texas, Marshall Division. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, ) Modified on 8/13/2018 (ch, ).
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| Preliminary Injunction Hearing set for 8/23/2018 12:00 PM before District Judge Rodney Gilstrap (ch, ) |
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Filing 15
STANDARD PROTECTIVE ORDER granting #5 MOTION for Protective Order. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, )
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Filing 14
ORDER granting #4 EMERGENCY MOTION to Expedite Plaintiff ECI Software Solutions, Inc.'s Emergency Motion for Expedited Discovery. Signed by District Judge Rodney Gilstrap on 8/11/2018. (ch, )
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| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by Kurt A Kappes on behalf of ECI Software Solutions, Inc.. Filing fee $ 100, receipt number 0540-6892324. (Kappes, Kurt) |
| Filing 11 NOTICE of Attorney Appearance by Rene Trevino on behalf of ECI Software Solutions, Inc. (Trevino, Rene) |
| Filing 10 NOTICE of Attorney Appearance by Mary-Olga Lovett on behalf of ECI Software Solutions, Inc. (Lovett, Mary-Olga) |
| Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/7/18 (Motion Hearing) before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 923-7464 (Shelly_Holmes@txed.uscourts.gov). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 8/29/2018. Release of Transcript Restriction set for 11/6/2018. (sholmes, ) |
| Filing 8 NOTICE by ECI Software Solutions, Inc. Plaintiff's Unopposed Notice of Agreement of the Parties and Request for Entry of Orders (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Text of Proposed Order)(LaVigne, Christopher) |
| Filing 7 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Motion Hearing held on 8/7/2018 re #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support filed by ECI Software Solutions, Inc. (Court Reporter Shelly Holmes, CSR-TCRR.) (Attachments: #1 Attorney Attendance Sheet) (jml) |
| NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support : Motion Hearing RESET for 8/7/2018 11:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. ***Please note that the only change is the TIME for the hearing.***(jml) |
| Filing 6 SUMMONS Issued as to John Plyer Plumbing and Hardware, Inc., Olshan Lumber Company, Prosperity Computer Solutions, LLC. (Attachments: #1 Summons(es), #2 Summons(es))(ch, ) |
| Filing 5 MOTION for Protective Order by ECI Software Solutions, Inc.. (Attachments: #1 Text of Proposed Order Standard Protective Order)(LaVigne, Christopher) |
| Filing 4 EMERGENCY MOTION to Expedite Plaintiff ECI Software Solutions, Inc.'s Emergency Motion for Expedited Discovery by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A-1 - Plaintiff's First Request for Production to Defendant John Plyler Plumbing and Hardware, Inc., #2 Exhibit A-2 - Plaintiff's First Set of Interrogatories to Defendant John Plyler Plumbing and Hardware, Inc., #3 Exhibit A-3 -Plaintiff's Notice of Oral Deposition of Corporate Representative of John Plyler Plumbing and Hardware, Inc., #4 Exhibit B-1 - Plaintiff's First Request for Production to Defendant Olshan Lumber Company, #5 Exhibit B-2 - Plaintiff's First Set of Interrogatories to Defendant Olshan Lumber Company, #6 Exhibit B-3 - Plaintiff's Notice of Oral Deposition of Corporate Representative of Olshan Lumber Company, #7 Exhibit C-1 Plaintiff's First Request for Production to Defendant Prosperity Computer Solutions, LLC, #8 Exhibit C-2 Plaintiff's First Set of Interrogatories to Defendant Prosperity Computer Solutions, LLC, #9 Exhibit C-3 Plaintiff's Notice of Oral Deposition of Corporate Representative of Prosperity Computer Solutions, LLC, #10 Text of Proposed Order Order Granting Plaintiff's Emergency Motion for Expedited Discovery)(LaVigne, Christopher) |
| Filing 3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support by ECI Software Solutions, Inc.. (Attachments: #1 Exhibit A - Declaration of John Maiuri, #2 Exhibit B - Declaration of Bryan Gauntt, #3 Exhibit C - Declaration of Brian DeFour, #4 Exhibit D - Agreed Motion to Dismiss, #5 Text of Proposed Order Termporary Restraining Order and Order Setting Hearing for Preliminary Injunction)(LaVigne, Christopher) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by ECI Software Solutions, Inc. identifying Corporate Parent ECI Acquisition Holding Company, Inc. for ECI Software Solutions, Inc.. (LaVigne, Christopher) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6883391.), filed by ECI Software Solutions, Inc.. (Attachments: #1 Civil Cover Sheet)(LaVigne, Christopher) |
| Case assigned to District Judge Rodney Gilstrap. (ch, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) |
| NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction and Brief in Support : Motion Hearing set for 8/7/2018 10:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. (jml) |
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