Capital One Financial Corporation v. Sykes et al
| Capital One Financial Corporation |
| Timothy Smits, Brian Sykes and Jonathan Wood |
| Orix Real Estate Capital, LLC |
| 3:2020cv00763 |
| September 29, 2020 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Contract: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 35
NOTICE of Appearance by Thomas Marshall Wolf on behalf of Orix Real Estate Capital, LLC (Wolf, Thomas)
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Filing 34
ORDER that this matter comes before the Court on Plaintiff Capital One Financial Corporation's Motion for Expedited Briefing and Hearing on Capital One's Motion to Compel Documents and Deposition from Third Party Orix the "Motion for Expedited Briefing"). (ECF No. #31 ) (please see Order for additional information.) After due consideration, the Court grants in part and denies in part Capital One's Motion for Expedited Briefing. The Court ORDERS Orix to file its response to the Motion to Compel no later than Tuesday, December 1. Capital One may file a reply no later than Wednesday, December 2.The Parties SHALL appear for a hearing on the Motion to Compel via Zoom videoconference on Thursday, December 3. 2020, at 11 :00 a.m. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 11/24/2020. (walk, )
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Set/Reset Deadlines as to #30 Emergency MOTION to Compel Third Party Orix. Motion Hearing set for 12/3/2020 at 11:00 AM in Richmond Remote before District Judge M. Hannah Lauck. (khan, )
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Filing 33
SO ORDERED: STIPULATION TO WITHDRAW MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER. WHEREAS, Plaintiff Capital One Financial Corporation ("Capital One") and Defendants Brian Sykes, Jonathan Wood, and Timothy Smits have resolved their discovery dispute currently pending before the Court in Capital One's Motion to Compel Response to Deposition Questions and Supporting Argument and Authorities (Docket No. #27 ) and Defendant Jonathan Wood's Motion for Protective Order (Docket No. #28 ) (collectively, the "Motions"); and WHEREAS, the Court set oral argument on the Motions for November 23, 2020; NOW THEREFORE, the Parties hereby stipulate to the withdrawal of the Motions and advise the Court that oral argument may be cancelled. SO ORDERED and Signed by District Judge M. Hannah Lauck on 11/23/2020. (walk, )
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Filing 32
STIPULATION re #27 MOTION to Compel Response to Deposition Questions and Supporting Argument and Authorities, #28 MOTION for Protective Order by Capital One Financial Corporation. (Payne, Daniel)
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Filing 31
MOTION to Expedite Briefing and Hearing on Motion to Compel Third Party Orix by Capital One Financial Corporation. (Payne, Daniel)
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Filing 30
Emergency MOTION to Compel Third Party Orix by Capital One Financial Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Payne, Daniel) Modified on 11/24/2020 (khan, ).
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Filing 29
Memorandum in Support re #28 MOTION for Protective Order filed by Jonathan Wood. (Attachments: #1 Exhibit)(Ross, Frank)
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Filing 28
MOTION for Protective Order by Jonathan Wood. (Ross, Frank)
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Filing 27
MOTION to Compel Response to Deposition Questions and Supporting Argument and Authorities by Capital One Financial Corporation. (Payne, Daniel)
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Filing 26
TRANSCRIPT of Motions hearing held on October 19, 2020, before Judge M. Hannah Lauck, Court Reporter Diane Daffron, Telephone number 804 916-2893. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/24/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 1/25/2021.(daffron, diane)
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Filing 25
ORDER AND AGREEMENT GOVERNING DISCLOSURE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION (please see Order and Agreement for additional information). It is so ORDERED. Signed by District Judge M. Hannah Lauck on 10/23/2020. (walk, )
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Filing 24
Joint Discovery Plan by Capital One Financial Corporation. (Attachments: #1 Proposed Order)(Payne, Daniel)
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Filing 23
TRANSCRIPT of proceedings held on October 19, 2020, before Judge M. Hannah Lauck, Court Reporter Diane Daffron, Telephone number 804 916-2893. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 1/19/2021.(daffron, diane)
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Filing 22
AMENDED REPLY re: #2 MOTION for Preliminary Injunction Temporary Restraining Order and Expedited Discovery filed by Capital One Financial Corporation. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Letter). (Payne, Daniel). Modified docket text on 10/20/2020. (sbea,). Modified docket text on 10/20/2020. (walk, ).
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Filing 21
ORDER that this matter comes before the Court on Plaintiff Capital One Financial Corporation's motion for (1) a Temporary Restraining Order: (2) a Preliminary Injunction; and, (3) an order granting Capital One leave to conduct expedited discovery. (Mot. 1, ECF No. #2 .) Capital One contends that it is likely to prevail on its Defend Trade Secrets Act Claim (Count One) and Breach of Contract Claims (Counts Three and Four) and that the Court should grant a temporary restraining order and order injunctive relief. For the reasons stated from the bench, the Court DENIES the Motion for Temporary Restraining Order. The Court will not rule on the Motion for Preliminary Injunction at this time. Rather, the Court will consider the Motion for Preliminary Injunction after limited, expedited discovery takes places. The Court GRANTS IN PART and DENIES IN PART Capital One's request for expedited discovery. Regarding the specific discovery requests, the Court: (please see Order for additional information.) The Parties SHALL jointly submit a proposed discovery plan to the Court no later than Friday, October 23, 2020. All discovery must conclude no later than Friday, December 4, 2020. After the Parties complete expedited discovery, the Parties may file supplemental briefing regarding the motion for preliminary injunction, no later than Friday, December 18, 2020. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 10/19/2020. (walk, )
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Filing 20
Minute Entry for proceedings held before District Judge M. Hannah Lauck:Motion Hearing held on 10/19/2020 re #2 MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery filed by Capital One Financial Corporation. Arguments heard on behalf of plf and defendant. Reply by plf, dft. TRO -- DENIED; Preliminary Injunction - taken under advisement; Motion for Expedited Discovery - Granted in Part, Denied in Part; 3d Part subpoena DENIED - may file Motion for Subpoena; Forensic Exam - DENIED; OREKS' Response - DENIED; Request for Limited Depositions - GRANTED; Discovery to end 12/4/20; Supplemental Briefing due 12/18/20;Joint Agreement as to discovery timeline to be submitted by 10/23/20. (Court Reporter Diane Daffron, OCR.)(khan, )
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Filing 19
REPLY Memorandum in Further Support of #2 Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Discovery filed by Capital One Financial Corporation. m(Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit). (Matheson, Cameron). Modified docket text on 10/16/2020. (sbea,)
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Notice of Correction re: #19 Memorandum in Support; Clerk notified filing attorney that the wrong filing event had been selected. The correct event is "Reply to Response to Motion". Clerk has corrected the docket text. No further action is required. (sbea,)
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Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery. Motion Hearing set for 10/19/2020 at 01:00 PM in Richmond Remote before District Judge M. Hannah Lauck. (khan, )
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Filing 18
Opposition to #2 MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery filed by Timothy Smits, Brian Sykes, Jonathan Wood. (Attachments: #1 Affidavit Sykes, #2 Affidavit Woods, #3 Affidavit Smits)(Ross, Frank)
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Filing 17
ORDER that Counsel for Plaintiff and Defendants jointly request that the hearing scheduled for October 19, 2020 at 1:00 pm take place "by Zoom rather than in person" because of the ongoing COVID-19 pandemic. (Mot. 1, ECF No. #16 ). After due consideration and based on the Parties' agreement, the Court GRANTS the #16 Motion. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/14/2020. (sbea,)
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Filing 16
Joint MOTION for Hearing by Zoom by Capital One Financial Corporation. (Matheson, Cameron)
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Filing 15
ORDER granting #12 Motion for Pro hac vice. Appointed Thomas Herman for Timothy Smits,Thomas Herman for Jonathan Wood. Signed by District Judge M. Hannah Lauck on 10/13/2020. (tjoh, )
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Filing 14
ORDER granting #11 Motion for Pro hac vice. Appointed Christopher Anthony Duggan for Brian Sykes. Signed by District Judge M. Hannah Lauck on 10/13/2020. (tjoh, )
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Filing 13
NOTICE of Appearance by Frank Douglas Ross on behalf of Timothy Smits (Ross, Frank)
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Filing 12
Motion to appear Pro Hac Vice by Thomas D. Herman and Certification of Local Counsel F. Douglas Ross Filing fee $ 75, receipt number 0422-7440318. by Brian Sykes, Jonathan Wood. (Ross, Frank)
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Filing 11
Motion to appear Pro Hac Vice by Christopher Duggan and Certification of Local Counsel F. Douglas Ross Filing fee $ 75, receipt number 0422-7440306. by Brian Sykes, Jonathan Wood. (Ross, Frank)
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Filing 10
ORDER that the Defendants shall respond to the Motion no later than Tuesday, October 13, 2020. Capital One may reply no later than Friday, October 16, 2020. Because Defendant Timothy Smits has not yet appeared, Capital One SHALL serve this Order on Defendant Smits. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/7/2020. (sbea,)
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Filing 9
ORDER that this matter comes before the Court on Plaintiff Capital One Financial Corporation's Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery (the "Motion"). (ECF No. #2 .) On October 6, 2020, Counsel for Defendants Brian Sykes and Jonathan Wood filed a notice of appearance. (ECF No. #8 .) Defendant Timothy Smits has not yet appeared.The Court ORDERS the Parties to appear, in person, for a hearing on the Motion on Monday, October 19, 2020. at 1:00 p.m. in Courtroom 6100 of the Spottswood W. Robinson III and Robert R. Merhige, Jr. United States Courthouse. Because Defendant Smits has not yet appeared, Plaintiff SHALL serve this Order on Defendant Smits to notify him of the October 19 hearing. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/06/2020. (walk, )
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Filing 8
NOTICE of Appearance by Frank Douglas Ross on behalf of Brian Sykes, Jonathan Wood (Ross, Frank)
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Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery. Motion Hearing set for 10/19/2020 at 01:00 PM in Richmond Courtroom 6100 before District Judge M. Hannah Lauck. (khan, )
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Filing 7
Summons Issued as to All Defendants. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (asho, )
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Filing 6
Financial Interest Disclosure Statement (Local Rule 7.1) by Capital One Financial Corporation. (Matheson, Cameron)
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Filing 5
NOTICE of Appearance by Cameron Scott Matheson on behalf of Capital One Financial Corporation (Matheson, Cameron)
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Filing 4
Proposed Summons For Sykes, Wood, and Smits by Capital One Financial Corporation. (Payne, Daniel)
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Filing 3
Memorandum in Support re #2 MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery filed by Capital One Financial Corporation. (Attachments: #1 Affidavit Phyllis Klein, #2 Exhibit Sykes, #3 Exhibit Wood, #4 Exhibit Smits)(Payne, Daniel)
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Filing 2
MOTION for Preliminary Injunction Temporary Restraining Order, and Expedited Discovery by Capital One Financial Corporation. (Payne, Daniel) (Additional attachment(s) added on 9/29/2020: #1 Proposed Order) (jsmi, ). (Main Document 2 replaced on 9/29/2020) (asho, ).
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Filing 1
Complaint ( Filing fee $ 400, receipt number 0422-7422131.), filed by Capital One Financial Corporation. (Attachments: #1 Civil Cover Sheet)(Payne, Daniel) (Main Document 1 replaced on 9/29/2020) (asho, ).
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Initial Case Assignment to District Judge M. Hannah Lauck. (jtho, )
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