Precision Industrial Contractors Inc v. Jack R. Gage Refrigeration Inc et al
| Precision Industrial Contractors, Inc. and Precision Industrial Contractors Inc |
| Christopher M McClellan, Tami L McClellan, John 1-10 Does, Alpha Omega Industrial, CMC Consulting, LLC, Daniel Jason Hoyt, Jack R. Gage Refrigeration, Inc., John Does 1-10 and Jack R Gage Refrigeration Inc |
| 3:2019cv05810 |
| August 29, 2019 |
| US District Court for the Western District of Washington |
| Ronald B Leighton |
| Other Fraud |
| Both |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 66
ORDER DENYING #16 Plaintiff's Motion for Preliminary Injunction; GRANTING #55 MOTION for Order for Immediate Dissolution of TRO filed by Jack R Gage Refrigeration Inc, Daniel Jason Hoyt; the parties are responsible for their own fees and costs; signed by Judge Ronald B. Leighton. (DN)
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| Attorneys Patricia Kay Buchanan and Adam G Cuff added for Precision Industrial Contractors Inc; per #65 Notice of Appearance. (GMR) |
| Filing 65 NOTICE of Appearance by attorney Adam G Cuff on behalf of Plaintiff Precision Industrial Contractors Inc. (Cuff, Adam) |
| Filing 64 Plaintiff's ANSWER to #37 Answer to Complaint, Counterclaim by Precision Industrial Contractors Inc(a Washington Corporation).(Haberthur, Phillip) |
| Filing 63 Plaintiff's ANSWER to #36 Answer to Complaint, Counterclaim by Precision Industrial Contractors Inc(a Washington Corporation).(Haberthur, Phillip) |
| Filing 62 MINUTE ENTRY for proceedings held before Judge Ronald B. Leighton- Dep Clerk: Dara Kaleel; Pla Counsel: Phillip Haberthur, James Sikora; Def Counsel: Andrea Richard, Pierre Acebedo; CR: Barry Fanning; Preliminary/Permanent Injunction Hearing held on 10/10/2019. Counsel present argument. Court to issue written ruling within approximately two weeks. (DK) |
| Filing 61 DECLARATION of Christopher McClellan filed by Defendant Christopher M McClellan re #55 MOTION for Order for Immediate Dissolution of TRO (Bradshaw, Sunshine) |
| Filing 60 NOTICE of Joinder JOINING #55 MOTION for Order for Immediate Dissolution of TRO, by Defendant Christopher M McClellan. (Bradshaw, Sunshine) |
| Filing 59 DECLARATION of Andrea L. Richard filed by Counter Claimants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc re #55 MOTION for Order for Immediate Dissolution of TRO (Richard, Andrea) |
| Filing 58 NOTICE of Filing Additional Exhibit re #56 Response to Motion,,,,, ; filed by Counter Claimants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. (Attachments: #1 Exhibit Z, Deposition Excerpts of E. Simensen, Oct. 3, 2019)(Richard, Andrea) |
| Filing 57 NOTICE of Filing Video Excerpt of T. Pavelek Deposition, Oct. 3, 2019 in Paper or Physical Form with the Clerk's Office by Counter Claimants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. inre #56 Response to Motion,,,,,. (Attachments: #1 Exhibit Key to Exhibits)(Richard, Andrea) |
| Filing 56 RESPONSE, by Counter Claimants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, to #2 MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit A, Hoyt Employment Agreement, Aug 2018, #2 Exhibit B, Hoyt Employment Agreement, July 2018, #3 Exhibit C, PIC 2015 Bankruptcy Docket Excerpts, #4 Exhibit D, Emails re PIC's Performance Issues, #5 Exhibit E, Declaration of E. Simensen, #6 Exhibit F, Second Declaration of E. Simensen, #7 Exhibit G, Declaration of T. Pavelek, #8 Exhibit H, Declaration of J. Baldwin, #9 Exhibit I, Declaration of K. Scott, #10 Exhibit J, Declaration of J.R. Gage, #11 Exhibit K, Declaration of D.J. Hoyt, #12 Exhibit L, PIC website: Our Clients, #13 Exhibit M, Resource Recycling, March 5, 2019, #14 Exhibit N, InvestSize, March 7, 2019, #15 Exhibit O, Peninsula Daily News, Sept. 1, 2019, #16 Exhibit P, The Leader, Sept. 20, 2019, #17 Exhibit Q, Construction bidding software Google Search, #18 Exhibit R, PIC's Social Media Post, Aug. 21, 2019, #19 Exhibit S, Depo Exerpts J. Baldwin, Oct. 3, 2019, #20 Exhibit T, Depo Exerpts T. Pavelek, Oct. 3, 2019, #21 Exhibit V, Depo Excerpt of D.J. Hoyt, Oct. 1, 2019, #22 Exhibit W, Depo Excerpt of J.R. Gage, Oct 1, 2019)(Richard, Andrea) |
| Filing 55 MOTION for Order for Immediate Dissolution of TRO, filed by Counter Claimants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. (Attachments: #1 Proposed Order for Immediate Dissolution of TRO) Noting Date 10/7/2019, (Richard, Andrea) |
| RECEIPT of USB Drive re #57 Notice of Filing Paper or Physical Materials: Exhibit U to #56 Response to #2 Motion for TRO and #55 MOTION for Order for Immediate Dissolution of TRO. USB Drive on file in Clerk's Office. (GMR) |
| Filing 53 DECLARATION of Phillip J. Haberthur filed by Counter Defendant Precision Industrial Contractors Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberthur, Phillip) |
| Filing 52 Third DECLARATION of Eric Simensen filed by Counter Defendant Precision Industrial Contractors Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(Haberthur, Phillip) |
| Filing 51 PROPOSED ORDER (Unsigned) re #50 Reply to Response to Motion (Haberthur, Phillip) |
| Filing 50 REPLY, filed by Counter Defendant Precision Industrial Contractors Inc, TO RESPONSE to #2 MOTION for Temporary Restraining Order (Haberthur, Phillip) |
| Filing 49 MINUTE ORDER by clerk denying #42 Motion for Default. (DK) |
| Filing 48 NOTICE of Association of Attorney by James P Sikora on behalf of Plaintiff Precision Industrial Contractors Inc. (Sikora, James) |
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Filing 47
MINUTE ORDER: The Court ADMITS Attorney Andrea L Richard for defendants Daniel Jason Hoyt and Jack R Gage Refrigeration Inc, re #33 Andrea L. Richards ' Application for Pro Hac Vice. The scheduled depositions in this matter should commence without further delay. Entered by Judge Ronald B. Leighton. (DK)
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| Filing 46 RESPONSE, by Defendant Christopher M McClellan, to #42 MOTION for Default against Defendant Christopher McClellan. (Bradshaw, Sunshine) |
| Filing 45 NOTICE of Appearance by attorney Sunshine M Bradshaw on behalf of Defendant Tami L McClellan. (Bradshaw, Sunshine) |
| Filing 44 NOTICE of Appearance by attorney Sunshine M Bradshaw on behalf of Defendant Christopher M McClellan. (Bradshaw, Sunshine) |
| ***Motion terminated: #25 MOTION Application for Leave to Appear Pro Hac Vice Andrea L. Richards filed by Jack R Gage Refrigeration Inc, Daniel Jason Hoyt. (DK) |
| Filing 43 DECLARATION of Bradley W. Andersen in Support of Plaintiffs' Motion for Entry of Default filed by Plaintiff Precision Industrial Contractors Inc re #42 MOTION for Default against Defendant Christopher McClellan (Andersen, Bradley) |
| Filing 42 MOTION for Default against Defendant Christopher McClellan, filed by Plaintiff Precision Industrial Contractors Inc. Noting Date 9/27/2019, (Andersen, Bradley) |
| Filing 41 AFFIDAVIT of Service of Summons and Complaint on Daniel Jason Hoyt on 9/4/2019, filed by Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| Filing 40 AFFIDAVIT of Service of Summons and Complaint on Tami McClellan on 9/9/2019, filed by Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| Filing 39 AFFIDAVIT of Service of Summons and Complaint on Jack R. Gage, Inc. dba Alpha Omega Industrial on 9/4/2019, filed by Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| Filing 38 AFFIDAVIT of Service of Summons and Complaint on Chris McClellan and Tami McClellan on 9/5/2019, filed by Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| NOTICE of Docket Text Modification re 35 Order on Application for Leave to Appear Pro Hac Vice. The Court Revoked Pro Hac Vice Application for Attorney Andrea Richard. Application was processed in error, waiting for direction from the Court. (DS) |
| Filing 37 ANSWER to #1 Complaint,, by Hoyt with JURY DEMAND, COUNTERCLAIM against plaintiff Precision Industrial Contractors Inc by Daniel Jason Hoyt.(Richard, Andrea) |
| Filing 36 ANSWER to #1 Complaint,, by JRG, dba AOI with JURY DEMAND, COUNTERCLAIM against plaintiff Precision Industrial Contractors Inc by Jack R Gage Refrigeration Inc.(Richard, Andrea) |
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Filing 35
ORDER re #33 Application. The Court ADMITS REVOKED, Pro Hac Vice Application was processed in error. Waiting for direction from the Court. Attorney Andrea L Richard for defendants Daniel Jason Hoyt and Jack R Gage Refrigeration Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 9/26/2019 (DS). Modified on 9/26/2019 (DS). Modified on 9/26/2019 (DS).
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| Filing 34 NOTICE of Appearance by attorney Pierre E Acebedo on behalf of Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. (Acebedo, Pierre) |
| Filing 33 APPLICATION Andrea Richard by Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. (Attachments: #1 Exhibit Exhibit to Amended Pro Hac Vice Application)(Acebedo, Pierre) Modified on 9/26/2019 (GMR). |
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Filing 32
ORDER on STIPULATION re #31 Stipulation filed by Jack R Gage Refrigeration Inc., substituting Attorney Pierre E Acebedo for Defendant Jack R Gage Refrigeration Inc; Attorney Daniel J Frohlich terminated; per #31 Stipulation; signed by Judge Ronald B. Leighton. (DN)
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| Filing 31 STIPULATION AND PROPOSED ORDER For Withdrawal and Substitution of Counsel for Defendant Jack R. Gage Refrideration by parties (Attachments: #1 Supplement)(Frohlich, Daniel) |
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Filing 30
ORDER granting #22 Motion to Seal signed by Judge Ronald B. Leighton.(DK)
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| Filing 29 NOTICE of Hearing: Preliminary/Permanent Injunction Hearing now set for 10/10/2019 at 01:30 PM in Courtroom B before Judge Ronald B. Leighton.(DK) |
| Filing 28 NOTICE of Stricken Preliminary Injunction Hrg on 9/19/2019. (DK) |
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Filing 27
ORDER granting #18 Motion for Expedited Discovery, signed by Judge Ronald B. Leighton. The depositions will be conducted prior to 10/4/19. A hearing to review the motion for preliminary injunction will be held on 10/10/19 at 1:30 p.m. The hearing on September 19, 2019 is STRICKEN. Preliminary Injunction Hearing set for 10/10/2019 at 01:30 PM before Judge Ronald B. Leighton. (DK)
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| Filing 26 RESPONSE, by Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc, to #2 MOTION for Temporary Restraining Order . Oral Argument Requested. (Attachments: #1 Exhibit Declaration of Jason Hoyt, #2 Exhibit Declaration of Kevin Scott, #3 Exhibit Declaration of Jack R. Gage, #4 Exhibit Employment Agreement)(Johnson Acebedo, Cindy) |
| Filing 25 MOTION Application for Leave to Appear Pro Hac Vice Andrea L. Richards, filed by Defendants Daniel Jason Hoyt, Jack R Gage Refrigeration Inc. (Acebedo, Pierre) |
| Filing 24 SEALED DOCUMENT Exhibit B to Eric Simensen's Second Declaration by Plaintiff Precision Industrial Contractors Inc re #22 MOTION to Seal , #23 Declaration, (Haberthur, Phillip) |
| Filing 23 Second DECLARATION of Eric Simensen filed by Plaintiff Precision Industrial Contractors Inc re #2 MOTION for Temporary Restraining Order , #22 MOTION to Seal (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberthur, Phillip) |
| Filing 22 MOTION to Seal , filed by Plaintiff Precision Industrial Contractors Inc. Noting Date 9/16/2019, (Haberthur, Phillip) |
| Filing 21 Supplemental BRIEF re 17 Notice of Hearing, 15 Motion Hearing,,, by Plaintiff Precision Industrial Contractors Inc (Haberthur, Phillip) |
| Filing 20 REPLY, filed by Plaintiff Precision Industrial Contractors Inc, TO RESPONSE to #18 MOTION to Expedite Discovery (Attachments: #1 Exhibit A)(Andersen, Bradley) |
| Filing 19 RESPONSE, by Defendant Jack R Gage Refrigeration Inc, to #18 MOTION to Expedite Discovery. (Frohlich, Daniel) |
| Filing 18 MOTION to Expedite Discovery, filed by Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| Filing 17 NOTICE of Hearing: Preliminary/Permanent Injunction Hearing set for 9/19/2019 at 01:30 PM in Courtroom B before Judge Ronald B. Leighton.(DK) |
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Filing 16
ORDER signed by Judge Ronald B. Leighton granting Plaintiff's Moton for Temporary Restraining Order and Order to Show Cause Re: preliminary Injunction, re #2 MOTION for Temporary Restraining Order .(DK)
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| Filing 15 MINUTE ENTRY for proceedings held before Judge Ronald B. Leighton- Dep Clerk: Dara Kaleel; Pla Counsel: Phillip Haberthur; Def Counsel: Thomas Dickson (Andrea Richard via telephone); CR: Debbie Zurn; Motion Hearing held on 9/6/2019 re #2 MOTION for Temporary Restraining Order filed by Precision Industrial Contractors Inc. Argument; Court modifies proposed temporary restraining order and schedules a preliminary injunction hearing. Parties shall submit briefing on the matter by the end of business on 9/16/19. Ms. Richard shall file her Pro Hac Vice application as soon as possible. Preliminary/Permanent Injunction Hearing set for 9/19/2019 at 01:30 PM in Courtroom B before Judge Ronald B. Leighton. (DK) |
| Filing 14 RESPONSE, by Defendant Jack R Gage Refrigeration Inc, to #2 MOTION for Temporary Restraining Order . Oral Argument Requested. (Frohlich, Daniel) |
| Filing 13 NOTICE of Appearance by attorney Daniel J Frohlich on behalf of Defendant Jack R Gage Refrigeration Inc. (Frohlich, Daniel) |
| Filing 12 DECLARATION of Service filed by Plaintiff Precision Industrial Contractors Inc re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberthur, Phillip) |
| Filing 11 NOTICE of Association of Attorney by Bradley W Andersen on behalf of Plaintiff Precision Industrial Contractors Inc. (Andersen, Bradley) |
| Filing 10 NOTICE of Hearing on Motion re #2 MOTION for Temporary Restraining Order : Motion Hearing set for 9/6/2019 at 01:30 PM in Courtroom B before Judge Ronald B. Leighton.(DK) |
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Filing 9
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 12/2/2019, FRCP 26f Conference Deadline is 11/18/2019, Initial Disclosure Deadline is 11/25/2019, by Judge Ronald B. Leighton. (DN)
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Filing 8
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Ronald B. Leighton. (DN)
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| Filing 7 Summons(es) Electronically Issued as to defendant(s) Daniel Jason Hoyt, Jack R Gage Refrigeration Inc (main document), Christopher M McClellan, Tami L McClellan. (Attachments: #1 Summons - Chris and Tami McClellan, #2 Summons - CMC Consulting, #3 Summons - Daniel Hoyt) (ERA) |
| Filing 6 NOTICE TO FILER: re #1 Complaint. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (ERA) |
| Filing 5 DECLARATION of Eric Simensen filed by Plaintiff Precision Industrial Contractors, Inc. re #2 MOTION for Temporary Restraining Order (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Haberthur, Phillip) |
| Filing 4 DECLARATION of Travis Pavalek filed by Plaintiff Precision Industrial Contractors, Inc. re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(Haberthur, Phillip) |
| Filing 3 DECLARATION of Jesse Baldwin filed by Plaintiff Precision Industrial Contractors, Inc. re #2 MOTION for Temporary Restraining Order (Haberthur, Phillip) |
| Filing 2 MOTION for Temporary Restraining Order , filed by Plaintiff Precision Industrial Contractors, Inc.. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/30/2019, (Haberthur, Phillip) |
| Judge Ronald B. Leighton added. (ERA) |
| Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # 0981-5906126), filed by Precision Industrial Contractors, Inc.. (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, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet, #12 Summons Jack R. Gage Refrigeration, Inc., #13 Summons Christopher M. McClellan and Tami L. McClellan, #14 Summons CMC Consulting, LLC, #15 Summons Daniel Jason Hoyt)(Haberthur, Phillip) |
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