Johnson Controls v. Urquhart et al
| Johnson Controls |
| Dustin Urquhart, Mallory Urquhart, Harley Meryhew, Trevor Mortensen and Freedom Mechanical |
| 2:2023cv00873 |
| December 4, 2023 |
| US District Court for the District of Utah |
| David Barlow |
| Jared C Bennett |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 63 ANSWER to Complaint filed by Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart.(Hancey, Ryan) |
| Filing 62 Transcript Purchased by: Dillon Olson re #61 transcript(s) of Motion for Temporary Restraining Order held on 12/18/2023. (kpf) |
| Filing 61 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order an Preliminary Injunction held on December 18, 2023 before Judge David Barlow. Court Reporter/Transcriber Laura Robinson, Telephone number (801)201-9731. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter.Please note the following applicable information and deadlines: Redaction Request due 1/31/2024. Redacted Transcript Deadline set for 2/21/2024. Release of Transcript Restriction set for 4/9/2024. (kpf) Modified on 1/29/2024 updated redaction notice, deadlines will remain as set.(nl). |
Filing 60
ORDER granting #59 Motion for Extension of Time to File Answer re #2 Complaint. Answer deadline updated to January 19, 2024 for All Defendants. Signed by Magistrate Judge Jared C. Bennett on 01/03/2024. (docket text order; no attached document). (lc)
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| Filing 59 MOTION for Extension of Time to File Answer re #2 Complaint and Memorandum in Support filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. Motions referred to Jared C. Bennett.(Hancey, Ryan) |
| Filing 58 Notice of Receipt filed by Plaintiff re: Trial/Hearing exhibits re: #54 to Witness and Exhibit List. Electronic device containing exhibits per Local Rule DUCivR 83-5(b) received by the clerks office. The disk/drive (B) with the exhibits will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (kpf) |
| Filing 57 **SEALED DOCUMENT** Notice of Receipt filed by Plaintiff re Trial/Hearing exhibits re: #54 to Witness and Exhibit List. Electronic device containing exhibits per Local Rule DUCivR 83-5(b) received by the clerks office. The disk/drive (A) with the exhibits will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (Attachments: #1 Envelope)(kpf) |
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Filing 56
ORDER denying #5 Motion for TRO. Signed by Judge David Barlow on 12/19/2023. (kpf)
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| Filing 55 RECEIPT FOR PLAINTIFF'S RETURNED EXHIBITS UNDER DUCivR 83-5. (tcs) |
| Filing 54 Witness and Exhibit List for Temporary Restraining Order Hearing. (tcs) |
| Filing 53 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 12/18/2023 re #5 Redacted MOTION for Temporary Restraining Order filed by Johnson Controls. The court outlined the structure of today's hearing and addressed preliminary matters. Plaintiff called Samuel Robert Henstra, who was sworn and testified. Plaintiff's exhibits 1 and 2 were offered and admitted. Plaintiff called Trenton Thomas Sorensen, who was sworn and testified. Defendants called Dustin Gordon Urquhart, who was sworn and testified. Plaintiff's exhibit 5 was offered and admitted. Ian Nimtz was sworn and testified. Plaintiff's exhibit 6 was offered and admitted. Discussion and argument heard on the motion. For the reasons stated on the record, the court DENIED the Temporary Restraining Order. The court seals exhibit 1. Court was adjourned. Attorney for Plaintiff: Serine Consolino, Rachel Mueller, Dillon Olson, Attorney for Defendant: Ryan Hancey, Adam Grundvig. Court Reporter: Laura Robinson.(tcs) |
| Filing 52 AFFIDAVIT/DECLARATION of Harley Meryhew in Opposition re #5 Redacted MOTION for Temporary Restraining Order filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
| Filing 51 AFFIDAVIT/DECLARATION of Trevor Mortensen in Opposition re #5 Redacted MOTION for Temporary Restraining Order filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
| Filing 50 AFFIDAVIT/DECLARATION of Mallory Urquhart in Opposition re #5 Redacted MOTION for Temporary Restraining Order filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
| Filing 49 AFFIDAVIT/DECLARATION of Dustin Urquhart in Opposition re #5 Redacted MOTION for Temporary Restraining Order filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
| Filing 48 MEMORANDUM in Opposition re #5 Redacted MOTION for Temporary Restraining Order filed by Defendants Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
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Filing 47
DOCKET TEXT ORDER. #45 Plaintiff's MOTION for Short Form Discovery re: Requests for Production and Interrogatories, Plaintiff's MOTION to Expedite Discovery filed by Plaintiff Johnson Controls does not comply with the length requirements of DUCivR 37-1(b)(1). Accordingly, the court will strike #45 and instruct Plaintiff to refile a Short Form Discovery Motion that does not exceed 500 words. (docket text order; no attached document). Signed by Magistrate Judge Jared C. Bennett on 12/14/2023. (lc)
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Filing 46
DOCKET TEXT ORDER. No attached document. On December 8, 2023, the court set an evidentiary hearing regarding Plaintiff's #5 Motion for Temporary Injunction and Preliminary Injunction. See ECF No. 31 . The court then denied a stipulated Motion for Witness to Appear Via Video Conference. See ECF No. 40 . Plaintiff provided notice that it intended to proceed with the evidentiary hearing without the witness that was the subject of the stipulated Motion. See ECF No. #42 . Defendants objected to this withdrawal, and argued that they should have the opportunity to cross examine the witness, given that that witness provided a declaration in support of the Motion for Temporary Restraining Order. See ECF No. #43 . Plaintiff responded by indicating that it "will not rely on the Declaration of Peter Meringolo in support of its Motion for a Temporary Restraining Order." See ECF No. #44 . Therefore, the court finds Defendants' objection to be moot. The hearing set for December 18, 2023 will proceed accordingly. Signed by Judge David Barlow on 12/14/2023. (jal)
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| Filing 45 STRICKEN Plaintiff's MOTION for Short Form Discovery re: Requests for Production and Interrogatories , Plaintiff's MOTION to Expedite Discovery filed by Plaintiff Johnson Controls. (Attachments: #1 Exhibit A-RFPs, #2 Exhibit B-ROGs, #3 Text of Proposed Order Granting Plaintiff's Motion for Expedited Discovery) Motions referred to Jared C. Bennett.(Olson, Dillon) Modified by striking entry per 47 Docket Text Order on 12/14/2023 (mh). |
| Filing 44 NOTICE of Response to Defendants' Opposition by Johnson Controls re #42 Notice (Other), #43 Objections (Consolino, Serine ) |
| Filing 43 OBJECTIONS to #42 Notice (Other) filed by Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart. (Hancey, Ryan) |
| Filing 42 NOTICE of Withdrawal of Motion for Witness to Appear via Videoconference and Proceed with Evidentiary Hearing by Johnson Controls Emma Jogerst (Jogerst, Emma) |
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Filing 41
DOCKET TEXT ORDER denying #38 Motion for Leave to Appear By Video Conference per ECF No. 40. See ECF No. 40 for further details. Signed by Judge David Barlow on 12/13/2023. No attached document. (tcs)
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Filing 40
DOCKET TEXT ORDER. No attached document. On December 4, 2023, Plaintiff moved for a Temporary Restraining Order. See ECF No. #5 . On December 8, the court set an evidentiary hearing for December 18. See ECF No. 31 . Now, the parties stipulate to a Motion for Witness to Appear Via Video Conference. See ECF No. #38 . The court denies this Motion, as it does not permit witnesses at evidentiary hearings to testify via video conference. By the end of day December 13, 2023, the parties shall notify the court as to whether an evidentiary hearing is requested, or whether the December 18 hearing could proceed on attorney arguments and the briefing alone. If an evidentiary hearing is requested, the parties shall provide the court with at least two alternative dates that would allow all witnesses to attend in-person. Signed by Judge David Barlow on 12/13/2023. (jal)
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| Filing 39 Motion No Longer Referred to Magistrate Judge Jared C. Bennett: #38 Stipulated MOTION for Leave to Appear By Video Conference. District Judge David Barlow will decide this motion. (lc) |
| Filing 38 Stipulated MOTION for Leave to Appear By Video Conference filed by Plaintiff Johnson Controls. (Attachments: #1 Text of Proposed Order Granting Stipulated Consent Motion for Witness Permission to Appear via Video Conference) Motions referred to Jared C. Bennett.(Olson, Dillon) |
| Filing 37 NOTICE of Appearance by Adam Lee Grundvig on behalf of Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart (Grundvig, Adam) |
| Filing 36 NOTICE of Appearance by James Adam Knorr on behalf of Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart (Knorr, James) |
| Filing 35 NOTICE of Appearance by Ryan B. Hancey on behalf of Freedom Mechanical, Harley Meryhew, Trevor Mortensen, Dustin Urquhart, Mallory Urquhart (Hancey, Ryan) |
| Filing 34 WAIVER OF SERVICE Returned Executed filed by Johnson Controls as to All Defendants. (Olson, Dillon) |
| Filing 33 CERTIFICATE OF SERVICE by Johnson Controls (Consolino, Serine ) |
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Filing 32
DOCKET TEXT ORDER. Because defendants have not yet appeared in this case, the court orders Plaintiff to provide notice of ECF Nos. 30 and 31 to defendants by 12/8/2023 and file proof of providing such notice to defendants on the docket by 12/9/2023. Signed by Judge David Barlow on 12/8/2023. (tcs)
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| Filing 31 NOTICE OF EVIDENTIARY HEARING ON MOTION re: #5 Redacted MOTION for Temporary Restraining Order: Motion Hearing set for 12/18/2023 at 10:00 AM in Rm 8.100 before Judge David Barlow. (tcs) |
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Filing 30
DOCKET TEXT ORDER. No attached document. On December 4, 2023, Plaintiff moved for a Temporary Restraining Order and Preliminary Injunction. See ECF No. #5 . Defendant's Opposition, if any, is due December 14. An evidentiary hearing will be set for December 18, at 10:00 AM Mountain Time Signed by Judge David Barlow on 12/8/2023. (jal)
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| Filing 29 Summons Issued Electronically as to Trevor Mortensen. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 28 Summons Issued Electronically as to Harley Meryhew. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 27 Summons Issued Electronically as to Mallory Urquhart. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 26 Summons Issued Electronically as to Dustin Urquhart. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 25 Summons Issued Electronically as to Freedom Mechanical. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
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Filing 24
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 12/05/2023. (haa)
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Filing 23
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Serine Consolino for Johnson Controls.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/05/2023. (kpf)
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Filing 22
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Emma Jogerst for Johnson Controls.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/05/2023. (kpf)
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Filing 21
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Rachel E. Mueller for Johnson Controls.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 12/05/2023. (kpf)
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Filing 20
ORDER granting #6 Motion for Leave to File Sealed Document re: Motion for Temporary Restraining Order and Preliminary Injunction and Exhibits under seal. Signed by Magistrate Judge Jared C. Bennett on 12/05/2023. (kpf)
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| Filing 19 DECLARATION of Trent Sorensen re #5 Redacted MOTION for Temporary Restraining Order filed by Johnson Controls. (Olson, Dillon) |
| Filing 18 DECLARATION of Peter Meringolo re #5 Redacted MOTION for Temporary Restraining Order filed by Johnson Controls. (Olson, Dillon) |
| Filing 17 DECLARATION of Sam Henstra re #5 Redacted MOTION for Temporary Restraining Order filed by Johnson Controls. (Olson, Dillon) |
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Filing 16
DOCKET TEXT ORDER. No attached document. On December 4, 2023, Plaintiff filed its #5 Motion for Temporary Restraining Order and Preliminary Injunction. Throughout the Motion, Plaintiff cites to a declaration by Mr. Sam Henstra. That declaration does not appear to have been attached as an exhibit. On or before December 12, 2023, the court directs Plaintiff to file this declaration on the docket. Signed by Judge David Barlow on 12/5/2023. (jal)
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge David Barlow on 12/5/2023. (jal)
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| Filing 14 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Johnson Controls identifying Johnson Controls International, PLC as Corporate Parent. (Olson, Dillon) |
| Filing 13 NOTICE of Rule 65 Certification by Johnson Controls (Olson, Dillon) |
| Filing 12 Plaintiff's MOTION for Admission Pro Hac Vice of Serine Consolino , Registration fee $ 50, receipt number AUTDC-4895907,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Johnson Controls. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order Granting Pro Hac Vice)(Olson, Dillon) |
| Filing 11 Plaintiff's MOTION for Admission Pro Hac Vice of Emma Jogerst , Registration fee $ 50, receipt number AUTDC-4895889,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Johnson Controls. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order Granting Pro Hac Vice)(Olson, Dillon) |
| Filing 10 Plaintiff's MOTION for Admission Pro Hac Vice of Rachel E. Mueller , Registration fee $ 50, receipt number AUTDC-4895868,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Johnson Controls. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order Granting Pro Hac Vice)(Olson, Dillon) |
| Filing 9 **SEALED DOCUMENT** re #5 Redacted MOTION for Temporary Restraining Order , #6 Plaintiff's MOTION for Leave to File Sealed Document re #5 Redacted MOTION for Temporary Restraining Order filed by Plaintiff Johnson ControlsNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A-Under Seal, #2 Exhibit B-Under Seal, #3 Exhibit E-Under Seal, #4 Exhibit F-Under Seal)(Olson, Dillon) |
| Filing 8 Case Reassigned to a District Judge per ECF No. 7 Docket Text Order for Case to be Reassigned. Case Reassigned to Judge David Barlow. Magistrate Judge Cecilia M. Romero no longer assigned to the case. Case number will now read 2:23-cv-00873-DBB. Please make changes to document captions accordingly. (jwt) |
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiff's filing of a redacted motion for a temporary restraining order renders this case ineligible for assignment to a magistrate judge. Accordingly, the court orders that the case be reassigned to a randomly selected district judge. Signed by Magistrate Judge Cecilia M. Romero on 12/04/2023. No attached document.(tmb)
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| Filing 6 Plaintiff's MOTION for Leave to File Sealed Document re #5 Redacted MOTION for Temporary Restraining Order filed by Plaintiff Johnson Controls. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Motion for Temporary Restraining Order and Preliminary Injunction and Exhibits A-B E-F Under Seal)(Olson, Dillon) |
| Filing 5 Redacted MOTION for Temporary Restraining Order filed by Plaintiff Johnson Controls. (Attachments: #1 Exhibit A-Under Seal, #2 Exhibit B-Under Seal, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-Under Seal, #6 Exhibit F-Under Seal, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order Temporary Restraining Order)(Olson, Dillon) |
| Filing 4 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice e-mailed to attorneys Serine Consolino, Rachel E. Mueller and Emma Jogerst for Johnson Controls. (haa) |
| Filing 3 NOTICE OF DEFICIENCY re #2 Complaint. We can not proceed with the Temporary Restraining Order until the motion is filed. (haa) |
| Filing 2 COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against All Defendants (Filing fee $ 405, receipt number AUTDC-4895166) filed by Johnson Controls. (Attachments: #1 Civil Cover Sheet) (Olson, Dillon) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiff Johnson Controls is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance.(haa). |
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