W&O Supply, Inc. v. Pitre et al
| W&O Supply, Inc. |
| Brandon Pitre, Tobi Johnson, William Fuller, William Terry and Independence Valve & Supply, LLC |
| 4:2019cv00153 |
| January 15, 2019 |
| US District Court for the Southern District of Texas |
| Kenneth M Hoyt |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 47 AO 435 TRANSCRIPT REQUEST by James M. Cleary, Jr. for Transcript of Preliminary Injunction Hearing on 03/13/2019 before Judge Kenneth Hoyt. 3-Day turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Cleary, James) |
| Filing 49 Exhibit List by William Fuller, Independence Valve & Supply, LLC, Tobi Johnson, Brandon Pitre, William Terry(chorace) |
| Filing 48 Exhibit List by W&O Supply, Inc.(chorace) |
| Filing 46 Minute Entry for proceedings held before Judge Kenneth M Hoyt. Preliminary INJUNCTION HEARING held on 3/13/2019 Dismissing as Moot #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Motion-related deadline set re: #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint.( Responses due by 3/20/2019., Parties are to file a proposed finding of facts to the Court by 3/20/2019). Plaintiff's exhibits 1-22 admitted. Defense exhibits 1-6, 10-14, admitted. Witnesses Fred Loomis, Brandon Pitre, Tobi Johnson, and William Terry. Appearances:Sylvia Ngo. Christopher L Johnson, Morgan Angela Jenkins, James M Cleary, Jr, Magnus Lucas Romero Rayos.(Court Reporter: H. Alcaraz), filed.(gkelner, 4) |
| Filing 45 MOTION to Strike Defendant's Exhibit from Defendants' Response and Brief in Opposition to Plaintiff's Renewed Motion for Preliminary Injunction, and Motion to Seal Court Records by W&O Supply, Inc., filed. Motion Docket Date 4/2/2019. (Attachments: #1 Exhibit A, #2 Proposed Order)(Cleary, James) |
| Filing 44 SEALED EXHIBITS re: #43 MOTION to Seal Plaintiff's Motion to File Under Seal Plaintiff's Response to Defendants' Motion for Protective Order, Objections to Defendants' "Attorneys' Eyes Only" Designation, and Motion for Ruling by W&O Supply, Inc., filed. (Cleary, James) |
| Filing 43 MOTION to Seal Plaintiff's Motion to File Under Seal Plaintiff's Response to Defendants' Motion for Protective Order, Objections to Defendants' "Attorneys' Eyes Only" Designation, and Motion for Ruling by W&O Supply, Inc., filed. Motion Docket Date 4/2/2019. (Attachments: #1 Proposed Order)(Cleary, James) |
| Filing 42 RESPONSE to #40 MOTION for Sanctions , filed by W&O Supply, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Cleary, James) |
| Filing 41 RESPONSE in Opposition to #35 Renewed MOTION for Preliminary Injunction, filed by William Fuller, Tobi Johnson, Brandon Pitre, William Terry. (Attachments: #1 Exhibit Fuller 1995 Agreement, #2 Exhibit Johnson 1997 Agreement, #3 Exhibit Pitre Email re unenforceable non-compete, #4 Exhibit Deposition of Fred Loomis, #5 Exhibit Pl's Obj and Responses to Subp.Duces Tecum, #6 Proposed Order Denying Preliminary Injunction)(Kornegay, Justin) |
| Filing 40 MOTION for Sanctions by William Fuller, Independence Valve & Supply, LLC, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/29/2019. (Attachments: #1 Exhibit Email correspondence re need for protective order, #2 Exhibit Revised draft of proposed Agreed Protective Order, #3 Exhibit Email Correspondence re proposed protective order, #4 Exhibit : Email Correspondence re changes to proposed protective order, #5 Exhibit : Email correspondence re agreement to hold AEO documents, #6 Exhibit : Email correspondence serving documents bates labeled PITRE ET AL_000323-884, #7 Exhibit Email correspondence designating PITRE ET AL_000268 as Attorneys Eyes Only, #8 Exhibit Email Correspondence re AEO disclosure to Magnus Rayos, #9 Exhibit Email Correspondence re designation of AEO documents and demand for deletion of AEO documents, #10 Exhibit Email Correspondence re second demand for deletion of AEO documents, #11 Exhibit Email correspondence re Rayos possession of AEO documents, #12 Exhibit Email correspondence requesting date documents were sent to Rayos)(Kornegay, Justin) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by William Fuller, Independence Valve & Supply, LLC, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/29/2019. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Appendix, #3 Proposed Order Granting Motion to Dismiss)(Kornegay, Justin) |
| Filing 38 NOTICE of Setting as to #35 Renewed MOTION for Preliminary Injunction. Parties notified. Preliminary Injunction Hearing set for 3/13/2019 at 09:00 AM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) |
Filing 37
AMENDED PROTECTIVE ORDER #22 . (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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Filing 36
ORDER granting #22 Joint Motion for Agreed Protective Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 35 Renewed MOTION for Preliminary Injunction by W&O Supply, Inc., filed. Motion Docket Date 3/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Cleary, James) |
| Filing 34 RESPONSE to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by W&O Supply, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cleary, James) |
| Filing 33 Opposed MOTION for Protective Order by William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/20/2019. (Attachments: #1 Exhibit Email re protective order needed, #2 Exhibit Draft of proposed protective order, #3 Exhibit Email re protective order, #4 Exhibit Email re changes to protective order, #5 Exhibit Service email, #6 Exhibit Email re designation status, #7 Exhibit Email re disclosure of documents, #8 Exhibit Email re attorneys eyes only documents, #9 Exhibit Email re deletion of attorneys eyes only documents, #10 Proposed Order Proposed Protective Order)(Jenkins, Morgan) |
| Filing 32 Summons Issued as to Independence Valve & Supply, LLC. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) |
| Filing 31 ADVISORY by W&O Supply, Inc., filed.(Cleary, James) |
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Filing 30
ORDER ON DEFENDANTS Motion for Judicial Notice #26 .(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 29 RESPONSE to #22 Joint MOTION for Protective Order filed by W&O Supply, Inc.. (Attachments: #1 Exhibit A)(Cleary, James) |
| Filing 28 Request for Issuance of Summons as to Independence Valve & Supply, LLC, filed.(Cleary, James) |
| Filing 27 AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by W&O Supply, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cleary, James) |
| Filing 26 PROPOSED ORDER re: #25 MOTION Request for Judicial Notice, filed.(Kornegay, Justin) |
| Filing 25 MOTION Request for Judicial Notice by William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/13/2019. (Attachments: #1 Exhibit PON North America, Inc.s Texas Franchise Tax Public Information Report, #2 Exhibit W&O Supply, Inc.s Texas Franchise Tax Public Information Report)(Kornegay, Justin) |
| Filing 24 RESPONSE in Opposition to #22 Joint MOTION for Protective Order, filed by William Fuller, Tobi Johnson, Brandon Pitre, William Terry. (Attachments: #1 Exhibit Email Correspondence re proposed protective order., #2 Exhibit PON North America, Inc.s Texas Franchise Tax Public Information Report., #3 Exhibit W&O Supply, Inc.s Texas Franchise Tax Public Information Report., #4 Exhibit Email Correspondence re AEO disclosure to Magnus Rayos., #5 Proposed Order Proposed Order Denying Protective Order)(Kornegay, Justin) |
| Filing 23 NOTICE of Appearance by MAGNUS LUCAS ROMERO RAYOS on behalf of W&O Supply, Inc., filed. (Cleary, James) |
| Filing 22 Joint MOTION for Protective Order by W&O Supply, Inc., filed. Motion Docket Date 3/12/2019. (Attachments: #1 Proposed Order Agreed Protective Order)(Cleary, James) |
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Filing 21
ORDER granting #13 Defendants' Motion to Take Judicial Notice.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 20 RETURN of Service of SUMMONS Executed as to William Terry served on 1/21/2019, answer due 2/11/2019, filed.(Cleary, James) |
| Filing 19 RETURN of Service of SUMMONS Executed as to William Fuller served on 1/21/2019, answer due 2/11/2019, filed.(Cleary, James) |
| Filing 18 RETURN of Service of SUMMONS Executed as to W&O Supply, Inc. served on 1/21/2019, answer due 2/11/2019, filed.(Cleary, James) |
| Filing 17 RETURN of Service of SUMMONS Executed as to W&O Supply, Inc. served on 1/20/2019, answer due 2/11/2019, filed.(Cleary, James) |
| Filing 16 NOTICE of Appearance by Justin M. Kornegay on behalf of William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. (Kornegay, Justin) |
| Filing 15 CERTIFICATE OF INTERESTED PARTIES by William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed.(Jenkins, Morgan) |
| Filing 14 NOTICE of Appearance by Morgan A Jenkins on behalf of William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. (Jenkins, Morgan) |
| Filing 13 MOTION Request for Judicial Notice by William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/4/2019. (Attachments: #1 Exhibit State Court Docket and Filings, #2 Proposed Order Granting Judicial Notice)(Johnson, Christopher) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Fuller, Tobi Johnson, Brandon Pitre, William Terry, filed. Motion Docket Date 3/4/2019. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss, #2 Proposed Order Proposed Order Granting Motion to Dismiss, #3 Appendix Appendix to Defendants' Memorandum in Support of Motion to Dismiss)(Johnson, Christopher) |
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Filing 11
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on February 6, 2019 at 9:00 a.m. Appearances: Sylvia Ngo, Christopher Johnson James M Cleary, Jr. (Court Reporter: K. Metzger).The Court denying without prejudice #7 MOTION for Preliminary Injunction. Expedited discovery is appropriate through March 5, 2019. The plaintiff shall designate two of the four defendants for depositions. The defendant shall designate one (1) officer or manager of W & O for deposition. A document request and the designations shall be exchanged on or before February 11, 2019, unless agreed otherwise. The plaintiff's request for a TRO and/or temporary injunction are Denied without prejudice. All documents requested are to be exchanged 48 hours prior to the respective deposition setting. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace)
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| Filing 10 NOTICE of Resetting as to #7 MOTION for Preliminary Injunction. Parties notified. Telephone Conference set for 2/4/2019 at 09:00 AM before Judge Kenneth M Hoyt, filed. (TIME CHANGE ONLY) (On "Meet-Me" Line) (chorace) |
| Filing 9 NOTICE of Setting as to #7 MOTION for Preliminary Injunction. Parties notified. Telephone Conference set for 2/4/2019 at 08:45 AM before Judge Kenneth M Hoyt, filed. (chorace) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by W&O Supply, Inc., filed.(Cleary, James) |
| Filing 7 MOTION for Preliminary Injunction by W&O Supply, Inc., filed. Motion Docket Date 2/20/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Cleary, James) |
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 6/10/2019 at 09:30 AM by telephone before Judge Kenneth M Hoyt(Signed by Judge Kenneth M Hoyt) Parties notified.(ckrus, 4)
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| Summons Issued as to All Defendants. Issued summons delivered to plaintiff by First-class mail, filed.(hlerma, 4) |
| Filing 5 Request for Issuance of Summons as to William Fuller, filed.(Cleary, James) |
| Filing 4 Request for Issuance of Summons as to William Terry, filed.(Cleary, James) |
| Filing 3 Request for Issuance of Summons as to Tobi Johnson, filed.(Cleary, James) |
| Filing 2 Request for Issuance of Summons as to Brandon Pitre, filed.(Cleary, James) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-21654941) filed by W&O Supply, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Cleary, James) |
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