Phillips et al v. Galisky et al
Plaintiff: Dustin Phillips and Aaron Hallof
Defendant: Darren Galisky, Kelly Galisky and John Does 1-20
Case Number: 2:2023cv00544
Filed: August 11, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Thomas E Johnston
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2023 Filing 20 PROPOSED VERIFIED COMPLAINT by Darren Galisky, Kelly Galisky re: #18 MOTION by Darren Galisky, Kelly Galisky to Amend #15 Order, or, in the alternatively, for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit 1, #2 Darren Galisky Verification, #3 Kelly Galisky Verification) (Leach, James) (Modified on 9/28/2023 to terminate motion and to add link to #18 motion) (kew).
September 27, 2023 Filing 19 MEMORANDUM by Darren Galisky, Kelly Galisky in support of #18 MOTION by Darren Galisky, Kelly Galisky to Amend #15 Order, or, in the alternatively, for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Leach, James)
September 27, 2023 Filing 18 MOTION by Darren Galisky, Kelly Galisky to Amend #15 Order, or, in the alternatively, for Temporary Restraining Order and Preliminary Injunction. (Attachment: #1 Exhibit 1)(Leach, James)
September 26, 2023 Filing 17 NOTICE OF APPEARANCE by Robert J. Williamson on behalf of Darren Galisky, Kelly Galisky. (Williamson, Robert)
September 26, 2023 Filing 16 NOTICE OF APPEARANCE by James Morgan Leach on behalf of Darren Galisky, Kelly Galisky. (Leach, James)
September 18, 2023 Opinion or Order Filing 15 ORDER directing the provisions of injunctive relief as set forth herein; the parties are directed to engage in mediation within 10 days of the financial records needed being provided; actions with express, advance authorization of the other Party are to be used to wrap up Mountain Momma's pending business affairs. Signed by Judge Thomas E. Johnston on 9/18/2023. (cc: counsel of record; any unrepresented party) (kew)
September 15, 2023 Filing 14 PROPOSED ORDER Order Establishing Terms of Agreed Injunctive Relief by Aaron Hallof, Dustin Phillips. (Morgan, Shawn)
August 28, 2023 Filing 13 TELEPHONE CONFERENCE held by Judge Thomas E. Johnston on 8/28/2023; Court Reporter: Ayme Cochran. (slw)
August 25, 2023 Opinion or Order Filing 12 ORDER directing that the telephonic status conference currently set for 8/25/2023 is CONTINUED to 8/28/2023 at 10:00 a.m., as more fully set forth herein. Signed by Judge Thomas E. Johnston on 8/25/2023. (cc: counsel of record; any unrepresented party) (mfo)
August 23, 2023 Opinion or Order Filing 11 ORDER directing that a Telephonic Status Conference is set for 8/25/2023 at 10:00 AM before Judge Thomas E. Johnston re: the parties' #9 Joint Motion to Dissolve 8/14/2023 Order Issued by State Court Attached to the Notice of Removal, and to Establish Terms of Agreed Injunctive Relief. Signed by Judge Thomas E. Johnston on 8/23/2023. (cc: counsel of record; any unrepresented party) (lca)
August 23, 2023 Opinion or Order Filing 10 ORDER directing that the hearing set for 8/23/2023 is canceled. Signed by Judge Thomas E. Johnston on 8/23/2023. (cc: counsel of record; any unrepresented party) (lca)
August 23, 2023 Filing 9 JOINT MOTION by Dustin Philips, Aaron Hallof, Darren Galisky, Kelly Galisky to Cancel Hearing Regarding Plaintiffs' #4 Motion for Temporary Restraining Order and Preliminary Injunction, to Consolidate Cases, to Dissolve 8/14/2023 Order Issued by State Court Attached to #1 Notice of Removal, and to Establish Terms of Agreed Injunctive Relief. (Attachment: #1 Proposed Order) (kew)
August 16, 2023 Opinion or Order Filing 8 ORDER setting a hearing on the #4 MOTION by Aaron Hallof, Dustin Phillips for Temporary Restraining Order and Preliminary Injunction for 8/23/2023 at 1:00 p.m.; the Plaintiffs are directed to provide the Complaint, the pending motion, and any attachments to the Defendants. Signed by Judge Thomas E. Johnston on 8/16/2023. (cc: counsel of record; any unrepresented party) (kew)
August 15, 2023 Filing 7 SUPPLEMENT by Aaron Hallof, Dustin Phillips to #4 MOTION by Aaron Hallof, Dustin Phillips for Temporary Restraining Order and Preliminary Injunction. (Attachment: #1 Exhibit A)(Morgan, Shawn)
August 15, 2023 Filing 6 CORRECTED MEMORANDUM OF LAW by Aaron Hallof, Dustin Phillips in support of #4 MOTION by Aaron Hallof, Dustin Phillips for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morgan, Shawn)
August 15, 2023 Filing 5 MEMORANDUM OF LAW by Aaron Hallof, Dustin Phillips in support of #4 MOTION by Aaron Hallof, Dustin Phillips for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B)(Morgan, Shawn)
August 15, 2023 Filing 4 MOTION by Aaron Hallof, Dustin Phillips for Temporary Restraining Order and Preliminary Injunction. (Morgan, Shawn)
August 14, 2023 Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
August 14, 2023 Filing 2 ELECTRONIC SUMMONS ISSUED as to Darren Galisky, Kelly Galisky, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 Summons issued as to Kelly Galinsky) (lca)
August 11, 2023 Filing 1 VERIFIED COMPLAINT for Temporary Restraining Order, Injunctive Relief, Accounting, Dissolution of Businesses, and Other Relief. Filing Fee $402.00. Receipt # AWVSDC-8475725. (Attachments: #1 Exhibit A, #2 Proposed Summons for Darren Galisky, #3 Proposed Summons for Kelly Galisky, #4 Civil Cover Sheet) (lca)
August 11, 2023 CASE assigned to Chief Judge Thomas E. Johnston. (klc)

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Plaintiff: Dustin Phillips
Represented By: Shawn Angus Morgan
Represented By: Stephenee R. Gandee
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Plaintiff: Aaron Hallof
Represented By: Shawn Angus Morgan
Represented By: Stephenee R. Gandee
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Defendant: Darren Galisky
Represented By: James Morgan Leach
Represented By: Robert J. Williamson
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Defendant: Kelly Galisky
Represented By: James Morgan Leach
Represented By: Robert J. Williamson
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Defendant: John Does 1-20
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