Black Rock Manufacturing et al v. Onward Consulting Corp. et al
| Black Rock Manufacturing, Black Rock Red Cliff and Blake Ratliff |
| Onward Consulting Corp., Ashley Jones and Michael Jones |
| 4:2023cv01671 |
| May 4, 2023 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Defendant |
Docket Report
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| Filing 20 SUPPLEMENT to #12 REQUEST for pre-motion conference by Onward Consulting Corp., filed.(Benoit, Cicely) |
| Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on June 23, 2023. Pre-Motion Conference held. Plaintiffs to file Motion to Compel Arbitration by 6/23/23. Defendant to file letter by 6/26/23 explaining in detail why it believes (1) the Exclusive Manufacturing Agreement is unenforceable; (2) the Exclusive Manufacturing Agreement violates Texas antitrust law; (3) Plaintiffs lack standing; and (4) Plaintiffs negligent misrepresentation claim is barred by the economic loss rule. Plaintiffs may file an Amended Complaint by 7/7/2023. After the Amended Complaint is filed, Plaintiff may file a motion to dismiss. Plaintiffs need not respond to the motion to dismiss until seven days after Judge Hanks issues a ruling on the Motion to Compel Arbitration. Judge Edison approved a 30-page limit on both the Motion to Dismiss and any response to that motion. Appearances: John Linker and James Rogers for Plaintiff, Peter Malfa for Defendants Blake Ratliff, for Defendant Onward Consulting Corp. (ERO: yes), filed. (RubenCastro, 3) |
| Filing 19 MOTION to Compel Arbitration and Abate by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed. Motion Docket Date 7/14/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rogers, James) |
| Filing 18 RESPONSE to #17 Document , filed by Onward Consulting Corp.. (Barger, Darrell) |
| Filing 17 Letter to Judge Edison Regarding Conference Request by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed.(Rogers, James) |
| Filing 16 NOTICE of Setting re: #12 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 6/23/2023 at 11:00 AM by video before Magistrate Judge Andrew M Edison, filed. (RubenCastro, 3) |
| Filing 15 NOTICE of Referral of Motion to Magistrate Judge Andrew M Edison re: #12 REQUEST for pre-motion conference, #13 Response, filed. (bthomas, 4) |
| Filing 14 CERTIFICATE OF INTERESTED PARTIES by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed.(Rogers, James) |
| Filing 13 Opposed RESPONSE to #12 Document Letter to Judge Hanks, filed by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rogers, James) |
| Filing 12 Pre-Motion Conference Letter by Onward Consulting Corp., filed.(Barger, Darrell) . |
| Filing 11 Ltr to Judge Hanks re Cancel Request for Emergency Conference by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed.(Rogers, James) |
| Filing 10 Letter to Judge Requesting Emergency Conference by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed. (Attachments: #1 Exhibit Agreement and Order, #2 Exhibit Follow up Email to Opposing Counsel, #3 Errata Plaintiffs' Emergency Motion)(Rogers, James) |
| Filing 9 MOTION to Enforce Agreed Order by Black Rock Manufacturing, Black Rock Red Cliff, Blake Ratliff, filed. Motion Docket Date 6/1/2023. (Attachments: #1 Exhibit File Stamped Petition for TRO, #2 Exhibit Agreement and Order, #3 Exhibit New Products, #4 Errata Follow up Email to Opposing Counsel)(Rogers, James) |
Filing 8
ORDER granting #5 Motion for Peter V. Malfa to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge George C Hanks, Jr.) Parties notified. (ghassan, 4)
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Filing 7
ORDER granting #4 Motion for Howard B. Schilsky to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge George C Hanks, Jr.) Parties notified. (ghassan, 4)
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Filing 6
ORDER granting #3 Motion for Christopher Renzulli to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge George C Hanks, Jr.) Parties notified. (ghassan, 4)
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| Filing 5 MOTION for Peter V. Malfa to Appear Pro Hac Vice by Onward Consulting Corp., filed. Motion Docket Date 5/30/2023. (Barger, Darrell) |
| Filing 4 MOTION for Howard B. Schilsky to Appear Pro Hac Vice by Onward Consulting Corp., filed. Motion Docket Date 5/30/2023. (Barger, Darrell) |
| Filing 3 MOTION for Christopher Renzulli to Appear Pro Hac Vice by Onward Consulting Corp., filed. Motion Docket Date 5/30/2023. (Barger, Darrell) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/6/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(AkeitaMichael, 4)
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| Filing 1 NOTICE OF REMOVAL from 165th Judicial District of Harris County, case number 202321750 (Filing fee $ 402 receipt number ATXSDC-29871441) filed by Onward Consulting Corp.. (Attachments: #1 Exhibit Index of Matters Being Filed, #2 Exhibit Harris County Docket Sheet, #3 Exhibit Plaintiffs' Verified Petition, #4 Exhibit Declaration and Verification with Exhibits, #5 Exhibit Proposed Order, #6 Exhibit Notice of Hearing, #7 Exhibit Signed Stipulation)(Barger, Darrell) |
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