Lonestar Tactical Buildings LLC v. Avery et al
| Lonestar Tactical Buildings LLC |
| Austin Avery, Kyle Trumbly, Richard Wegner, Richard Townsend, TEAM Tactical Buildings, LLC and Team Refurb & Support, LLC |
| David Eckermann and Lonestar Tactical Buildings LLC |
| TEAM Tactical Buildings, LLC, Richard Wegner, Team Refurb & Support, LLC and Richard Townsend |
| 4:2026cv01356 |
| February 19, 2026 |
| U.S. District Court for the Southern District of Texas |
| Kenneth M Hoyt |
| Defend Trade Secrets Act (of 2016) |
| 18 U.S.C. § 1836 (b) Civil Action to Protect Trade Secrets |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2026. A more recent docket listing may be available from PACER.
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Filing 63
ORDER for Expedited Response re: #62 MOTION Defendant Austin D. Avery's Motion to Join and Adopt Team Tactical's Motion For Protective Order. Response to Motion due no later than 8/24/2026 (Signed by Judge Kenneth M Hoyt) Parties notified. (jm4)
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| Filing 62 MOTION Defendant Austin D. Avery's Motion to Join and Adopt Team Tactical's Motion For Protective Order by Austin Avery, filed. Motion Docket Date 8/31/2026. (Attachments: #1 Proposed Order) (Luman, John) |
| Filing 61 MOTION to Compel Production of Pre-2024 Documents by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. Motion Docket Date 8/28/2026. (Attachments: #1 Exhibit Exhibit 1 - PI Hearing Transcript, #2 Exhibit Exhibit 2 - Lonestar's Objections and Responses to RFP's, #3 Exhibit Exhibit 3 - TEAM Defendants First RFP to Lonestar, #4 Exhibit Exhibit 4 - Email with Korri on July 8, #5 Proposed Order) (Ring, Sarah) |
| Filing 60 MOTION for Protective Order by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. Motion Docket Date 8/28/2026. (Attachments: #1 Proposed Order) (Ring, Sarah) |
| Filing 59 Other EXHIBITS re: #55 Response to Motion by Lonestar Tactical Buildings LLC, filed. (Hendershot, Simon) |
| Filing 58 Second REPLY in Support of #38 MOTION to Dismiss , filed by Kyle Trumbly. (Luman, John) |
| Filing 57 AO 435 TRANSCRIPT REQUEST by Lonestar Tactical Buildings LLC for Transcript of Telephone Conference on 3/5/2026 before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Angela Hailey, filed. (Hendershot, Simon) |
| Filing 56 AO 435 TRANSCRIPT REQUEST by Lonestar Tactical Buildings LLC for Transcript of Preliminary Injunction hearing on 3/4/2026 before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Nichelle Drake, filed. (Hendershot, Simon) |
| Filing 55 RESPONSE to #38 MOTION to Dismiss filed by Lonestar Tactical Buildings LLC. (Attachments: #1 Exhibit Ex. A - Declaration of Brian Brush) (Hendershot, Simon) |
| Filing 54 REPLY in Support of #47 MOTION for Partial Summary Judgment , filed by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner. (Ring, Sarah) |
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Filing 53
ORDER granting in part and denying in part #40 MOTION for Extension of Time to File a Response to Kyle Trumblys Motion To Dismiss Under Rule 12(B)(2), Plaintiff's Limited Response to Kyle Trumbly's Motion to Dismiss and Opposed MOTION for Discovery re: #38 MOTION to Dismiss ( Responses due by 7/20/2026.) (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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Filing 52
AGREED PROTECTIVE ORDER (Signed by Judge Kenneth M Hoyt) Parties notified. (jm4)
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| Filing 51 Agreed PROPOSED ORDER for Protection, filed. (Hendershot, Simon) |
| Filing 50 Minute Entry for proceedings held before Judge Kenneth M Hoyt. MOTION HEARING held on 7/6/2026. Arguments heard. The Court takes this matter under advisement. Appearances: John F Luman, III, Korri Duncan Bryant, Brady R. Dunlop, Abigail Christine Cibulka.(Court Reporter: Donna Prather), filed. (cjh4) |
| Filing 49 RESPONSE in Opposition to #47 MOTION for Partial Summary Judgment , filed by Lonestar Tactical Buildings LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hendershot, Simon) |
| Filing 48 NOTICE of Setting as to #40 MOTION for Extension of Time to File a Response to Kyle Trumblys Motion To Dismiss Under Rule 12(B)(2), Plaintiff's Limited Response to Kyle Trumbly's Motion to Dismiss andOpposed MOTION for Discovery. Parties notified. Motion Hearing set for 7/6/2026 at 11:00 AM in Courtroom 8B before Judge Kenneth M Hoyt, filed. (cjh4) |
| Filing 47 MOTION for Partial Summary Judgment by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. Motion Docket Date 7/2/2026. (Attachments: #1 Exhibit 1 - 2026-03-05 Telephone Conference Transcript, #2 Exhibit 2- Preliminary Injunction Hearing Transcript, #3 Exhibit 3- TEAM Defendants NDA, #4 Exhibit 4- Vestavia Hills Contract, #5 Exhibit 5- City of Benton Contract, #6 Exhibit 6- City of Little Rock Ordinance, #7 Exhibit 7- Midwest City Bid Package, #8 Exhibit 8- Representative Facebook Pictures, #9 Exhibit 9 - Midwest City Burn Building Rental, #10 Exhibit A - Townsend signed declaration, #11 Exhibit B - Declaration of Sarah Ring, #12 Proposed Order) (Ring, Sarah) |
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Filing 46
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on June 2, 2026 at 9:15 a.m. Appearances: Waived. Telephonic appearances are waived unless otherwise notified by the Court. Pltf Expert Witness List due by 12/4/2026. Pltf Expert Report due by 12/4/2026. Deft Expert Witness List due by 1/10/2027. Deft Expert Report due by 1/10/2027. Discovery due by 3/31/2027. Dispositive Motion Filing due by 3/31/2027. Docket Call set for 6/7/2027 at 11:30 AM in Courtroom 8B before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions. ETT: TBA. Jury trial. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 45 RESPONSE in Opposition to #40 MOTION for Extension of Time to File a Response to Kyle Trumblys Motion To Dismiss Under Rule 12(B)(2), Plaintiff's Limited Response to Kyle Trumbly's Motion to Dismiss andOpposed MOTION for Discovery, filed by Kyle Trumbly. (Luman, John) |
| Filing 44 Notice of Filing of Official Transcript re: #43 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 43 TRANSCRIPT re: Preliminary Injunction Hearing held on March 4, 2025 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Nichelle Drake. Release of Transcript Restriction set for 8/3/2026., filed. (nnw4) |
| Filing 42 ANSWER to #31 Answer to Complaint,, Counterclaim, with Jury Demand by David Eckermann, filed. (Hendershot, Simon) |
| Filing 41 REPLY in Support of #38 MOTION to Dismiss , filed by Kyle Trumbly. (Luman, John) |
| Filing 40 MOTION for Extension of Time to File a Response to Kyle Trumblys Motion To Dismiss Under Rule 12(B)(2), Plaintiff's Limited Response to Kyle Trumbly's Motion to Dismiss and, Opposed MOTION for Discovery( Motion Docket Date 5/14/2026.) by Lonestar Tactical Buildings LLC, filed. (Attachments: #1 Proposed Order) (Hendershot, Simon) |
| Filing 39 ANSWER to #1 Complaint,, by Austin Avery, filed. (Luman, John) |
| Filing 38 MOTION to Dismiss by Kyle Trumbly, filed. Motion Docket Date 4/30/2026. (Attachments: #1 Exhibit A, Declaration of Kyle Trumbly, #2 Proposed Order) (Luman, John) |
| Filing 37 ANSWER to #31 Answer to Complaint,, Counterclaim, by Lonestar Tactical Buildings LLC, filed. (Hendershot, Simon) |
| Filing 36 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Lonestar Tactical Buildings LLC, filed. (Hendershot, Simon) |
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Filing 35
STANDING ORDER re: #3 ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 34 Summons Issued as to David Eckermann. Issued summons delivered to plaintiff by NEF, filed. (th4) |
| Filing 33 Request for Issuance of Summons as to David Eckermann, filed. (Ring, Sarah) |
| Summons Not Issued as to David Eckermann due to these deficiencies: Error when opening document. Please re-submit. Attorney notified of deficiencies by NEF, filed. (bmn4) |
| Filing 32 Request for Issuance of Summons as to David Eckermann, filed. (Ring, Sarah) |
| Filing 31 ANSWER to #1 Complaint,, with Jury Demand, COUNTERCLAIM against All Plaintiffs by TEAM Tactical Buildings, LLC, Richard Wegner, Team Refurb & Support, LLC, Richard Townsend, filed. (Attachments: #1 Exhibit 1 - Hub and Smoke Building 6 Contract) (Ring, Sarah) |
| Filing 30 Notice of Filing of Official Transcript re: #29 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) |
| Filing 29 TRANSCRIPT re: Telephone Conference held on 3/5/26 before Judge Kenneth M Hoyt. Court Reporter/Transcriber Angela Hailey. Ordering Party Defense Counsel Sarah J. Ring Release of Transcript Restriction set for 6/16/2026., filed. (amh4) |
| ***Answer due for Austin Avery 4/10/2026; Kyle Trumbly 4/10/2026 per Joint Stipulation #28 . (cjh4) |
| Filing 28 STIPULATION re: Joint Stipulation To Extend Time for Defendants To Respond to Plaintiff's Complaint by Austin Avery, Kyle Trumbly, filed. (Luman, John) |
| Filing 27 CERTIFICATE OF INTERESTED PARTIES by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. (Ring, Sarah) |
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Filing 26
MEMORANDUM AND ORDER denying Plaintiff's Application for a Preliminary Injunction. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 25 AO 435 TRANSCRIPT REQUEST by TEAM Tactical Buildings LLC, TEAM Refurb & Support, LLC, Richard Wegner, and Richard Townsend/Sarah J. Ring for Transcript of Telephone Conference on 3/5/2026 before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Angela Hailey, filed. (Ring, Sarah) |
| Filing 24 AO 435 TRANSCRIPT REQUEST by TEAM Tactical Buildings LLC, TEAM Refurb & Support, LLC, Richard Wegner, and Richard Townsend/ Sarah J. Ring for Transcript of Preliminary Injunction Hearing on 3/4/2026 before Judge Hoyt. Ordinary (30 days) turnaround requested. Court Reporter/Transcriber: Nichelle Drake, filed. (Ring, Sarah) |
| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Lonestar Tactical Buildings LLC, filed. (Hendershot, Simon) |
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Filing 22
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on March 5, 2026 at 3:30 p.m. Appearances: Korri Bryant, Brady Dunlop John F Luman, III, Heath Aaron Novosad, Ethan Edward Caban, Sarah J Ring, Elliott Julian Deese, Abigail Christine Cibulka. (Court Reporter: Angela Hailey). Pursuant to phone conference conducted this day (3/5/2026), The Court determines that the plaintiff's application to present additional evidence in this case for a preliminary injunction will CEASE, in light of the Court's review of the testimony of the plaintiff, owner. The TRO is cancelled. A Memorandum and Order will issue concerning the plaintiff's application for a preliminary injunction. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 21 RESPONSE to #18 EMERGENCY MOTION MOTION to Enforce the Court's Temporary Restraining Order and for Contempt as to #6 Order filed by Austin Avery, Kyle Trumbly. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Luman, John) |
| Filing 20 NOTICE of Setting as to 19 Injunction Hearing, TRO Order, #1 Complaint. Parties notified. Telephone Conference set for 3/5/2026 at 03:30 PM before Judge Kenneth M Hoyt, filed. (On "Conference" Line) (cjh4) |
| Filing 19 Minute Entry for proceedings held before Judge Kenneth M Hoyt. Preliminary INJUNCTION HEARING held on 3/4/2026. Witnesses sworn. Plaintiff's evidence begins. Witnesses: 1)David Eckermann. Recessed until 3/6/2026 at 9:00 a.m. Preliminary Injunction Hearing set for 3/6/2026 at 09:00 AM in Courtroom 8B before Judge Kenneth M Hoyt. Appearances:Korri Bryant, Brady Dunlop,. John F Luman, III, Sarah J Ring, Elliott Julian Deese, Abigail Christine Cibulka.(Court Reporter: Nichelle Drake), filed. (cjh4) |
| Filing 18 EMERGENCY MOTION, MOTION to Enforce the Court's Temporary Restraining Order and for Contempt as to #6 Order ( Motion Docket Date 3/25/2026.) by Lonestar Tactical Buildings LLC, filed. (Hendershot, Simon) |
| Filing 17 NOTICE of Appearance by Abigail C. Cibulka on behalf of TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. (Cibulka, Abigail) |
| Filing 16 NOTICE of Appearance by John F. Luman III, Heath A. Novosad and Ethan E. Caban on behalf of Austin Avery, Kyle Trumbly, filed. (Luman, John) |
| Filing 15 RESPONSE in Opposition, filed by TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner. (Attachments: #1 Exhibit A - Smith Declaration, #2 Exhibit B- Townsend Declaration, #3 Exhibit 1- LoneStar Midwest City Bid Package, #4 Exhibit 2- Vestavia Hills Contract - Resolution 5570, #5 Exhibit 3- City of Benton Contract - Resolution 2025-11, #6 Exhibit 4- City of Little Rock Ordinance - LRFD Burn Building, #7 Exhibit 5- Website Floor Plans Combined, #8 Exhibit 6- Representative Instagram Posts, #9 Exhibit 7- Facebook Pictures, #10 Exhibit 8- LinkedIn Posts, #11 Exhibit 9- TEAM Refurb NDA) (Ring, Sarah) |
| Filing 14 RETURN of Service of SUMMONS Executed as to Kyle Trumbly served on 2/27/2026, answer due 3/20/2026, filed. (Hendershot, Simon) |
| Filing 13 NOTICE of Resetting as to #1 Complaint/Application for Temporary Restraining Order. Parties notified. Preliminary Injunction Hearing set for 3/4/2026 at 02:00 PM in Courtroom 8B before Judge Kenneth M Hoyt, filed. (cjh4) |
| Filing 12 NOTICE of Resetting as to #1 Complaint. Parties notified. Preliminary Injunction Hearing set for 3/4/2026 at 01:00 PM in Courtroom 8B before Judge Kenneth M Hoyt, filed. (cjh4) |
| Filing 11 RETURN of Service of SUMMONS Executed as to Austin Avery served on 2/26/2026, answer due 3/19/2026, filed. (Hendershot, Simon) |
| Filing 10 Summons Issued as to Austin Avery, TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Kyle Trumbly, Richard Wegner. Issued summons delivered to plaintiff by NEF, filed. (jld4) |
| Filing 9 NOTICE of Appearance by Elliott J. Deese on behalf of TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. (Deese, Elliott) |
| Filing 8 NOTICE of Appearance by Sarah J. Ring on behalf of TEAM Tactical Buildings, LLC, Team Refurb & Support, LLC, Richard Townsend, Richard Wegner, filed. (Ring, Sarah) |
| Filing 7 Request for Issuance of Summons as to All Defendants, filed. (Hendershot, Simon) |
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Filing 6
TEMPORARY RESTRAINING ORDER. Preliminary Injunction Hearing set for 3/4/2026 at 09:00 AM in Courtroom 8B before Judge Kenneth M Hoyt. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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Filing 5
ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on February 24, 2026 at 3:00 p.m. Appearances: Brad Davidson, Antone Stewart, Korri Bryant. (Court Reporter: David Smith). Pursuant to a telephonic conference conducted on this day, a TRO is entered by separate order. This matter is set for a preliminary injunction per the Order. Preliminary Injunction Hearing set for 3/4/2026 at 09:00 AM in Courtroom 8B before Judge Kenneth M Hoyt. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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| Filing 4 NOTICE of Setting as to #1 Complaint/Application for TRO. Parties notified. Telephone Conference set for 2/24/2026 at 03:00 PM before Judge Kenneth M Hoyt, filed. (On "Conference" Line) (cjh4) |
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Filing 3
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 4/13/2026 at 09:15 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified. (smg4)
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| Filing 2 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (smg4) |
| Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (smg4) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-35136665) filed by Lonestar Tactical Buildings LLC. (Attachments: #1 Exhibit A, #2 Exhibit A.1, #3 Exhibit B, #4 Exhibit B.1, #5 Exhibit B.2, #6 Exhibit B.4, #7 Exhibit B.5, #8 Exhibit B.6, #9 Application for A Temporary Restraining Order and Preliminary Injunction, #10 Proposed Order - Temporary Restraining Order, #11 Civil Cover Sheet, #12 Civil Summons - Austin D. Avery, #13 Civil Summons - Kyle Trumbly, #14 Civil Summons - Richard Wegner, #15 Civil Summons - Richard Townsend, #16 Civil Summons - TEAM Tactical Buildings LLC, #17 Civil Summons - Team Refurb & Support LLC) (Hendershot, Simon) |
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