Advanced Biocide Technology, LLC v. Kemper et al
| Florida Southern District Court | |
| Judge: | William P Dimitrouleas |
| Referred: | Lurana S Snow |
| Case #: | 0:21-cv-60042 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Jan 07, 2021 |
| Terminated: | Apr 02, 2021 |
| Last checked: Tuesday Jul 06, 2021 4:50 AM EDT |
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Defendant
Granite Ridge Consulting LLC
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Represented By
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Defendant
Jacqueline Kemper
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Represented By
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Defendant
Kemper Consulting LLC.
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Represented By
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Plaintiff
Advanced Biocide Technology, LLC
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, April 02, 2021 | ||
| 42 | 42
2
pgs
order
Order Dismissing Case
Fri 04/02 9:32 AM
ORDER Approving Voluntary Dismissal. This case is DISMISSED WITHOUT PREJUDICE. All hearings currently set are hereby CANCELLED. The Clerk is directed to DENY any pending motions as moot and CLOSE this case. Signed by Judge William P. Dimitrouleas on 4/1/2021. See attached document for full details. (kpe) |
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| Thursday, April 01, 2021 | ||
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notice
Notice of Voluntary Dismissal - aty
Thu 04/01 12:57 PM
NOTICE of Voluntary Dismissal Without Prejudice under Rule 41(a)(1)(A)(i) by Advanced Biocide Technology, LLC (Kain, Robert) |
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| Wednesday, March 31, 2021 | ||
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2
pgs
order
Order to Show Cause
Wed 03/31 4:34 PM
ORDER TO SHOW CAUSE Show Cause Response due by 4/7/2021. Signed by Judge William P. Dimitrouleas on 3/31/2021. See attached document for full details. (ebz) |
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| Monday, March 29, 2021 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 03/29 6:41 PM
PAPERLESS ORDER granting38 Plaintiff's Unopposed Motion for Extension of Time to File Reply up to and including April 1, 2021. Signed by Magistrate Judge Lurana S. Snow on 3/29/2021. (sl00) |
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| Friday, March 26, 2021 | ||
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motion
Extension of Time to File Response/Reply/Answer
Fri 03/26 2:37 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer By Plaintiff to File Reply in Support of its Preliminary Injunction Motion by Advanced Biocide Technology, LLC. (Kain, Robert) |
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| Monday, March 15, 2021 | ||
| 37 | 37
notice
Notice (Other)
Mon 03/15 6:08 PM
NOTICE by Advanced Biocide Technology, LLC of Filing Supplemental Deposition of Kemper (Kain, Robert) |
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Att: 1
Supplement Deposition of Kemper
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| Monday, March 08, 2021 | ||
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notice
Notice (Other)
Mon 03/08 2:43 PM
JOINT NOTICE OF FILING DEPOSITIONS OF ALEXANDER BENISTI AND JACQUELINE KEMPER by Advanced Biocide Technology, LLC of Filing Depositions (Joint Notice) (Kain, Robert)Text Modified on 3/8/2021 (ail) |
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Att: 1
Deposition of Alexander Benisti,
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Att: 2
Exhibit Deft Depo Exh. 1,
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Att: 3
Exhibit Deft Depo Exh 2,
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Att: 4
Exhibit Deft Depo Exh 3,
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Att: 5
Exhibit Deft Depo Exh 4,
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Att: 6
Deposition of Jacqueline Kemper,
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Att: 7
Exhibit Pl Depo Exh 1,
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Att: 8
Exhibit Pl Depo Exh 2,
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Att: 9
Exhibit Pl Depo Exh 3,
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Att: 10
Exhibit Pl Depo Exh 4,
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Att: 11
Exhibit Pl Depo Exh 5
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| Friday, March 05, 2021 | ||
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order
Order on Motion for Extension of Time
Fri 03/05 10:30 PM
PAPERLESS ORDER granting in part and denying in part34 Plaintiff's Motion for Extension of Time to file Reply Brief and Extend Pre-Hearing Schedule. The Court does not need a formal response to the requested relief. The Court is aware that Defendant opposes the Motion in that she seeks to resolve this matter expeditiously, as does the Court. However, it is in both parties best interest to have an opportunity to complete necessary factual discovery for a full presentation of the evidence before the Court. Accordingly, the Plaintiff's Motion for Extension of Time to file its Reply brief on March 30, 2021 is granted. The Motion to Extend the briefing schedule is granted to the extent that the Court has modified the schedule as follows: 1. The parties shall jointly confer and provide the court copies of all depositions already conducted no later than March 8, 2021, at 3:00 p.m. 2. The non-party discovery shall be produced to Plaintiff no later than April 5, 2021, as agreed. No further extensions for this production shall occur so as not to effect this scheduling order. All production from this non-party shall be kept confidential and shall only be used for purposes of this litigation. 3. Defendant's Supplemental Deposition is ordered to take place no later than March 11, 2021. The Court finds that good cause exists for the extension, including Defendants agreement to reconvene for a follow-up deposition. (ECF No. 34 at 2) (ECF No. 341 at 1) (ECF 342 at 1). The Court shall be provided a copy of this supplemental deposition no later than March 15, 2021. 4. The parties will exchange and mark exhibits for the hearing by April 6, 2021. 5. The Parties will file a joint witness and exhibit list in accordance with Local Rule 16.1(e)(9) on form AO 187 found on this Court's website no later than April 8, 2021. 6. The hearing scheduled on the Preliminary Injunction will be conducted on Thursday, April 22, 2021, at 10:00 a.m. via Zoom. The parties are cautioned that any and all conferrals must be by telephone, in person (or by Zoom or a similar platform). While the Court does not anticipate any discovery disputes, should the parties file any discovery motions with the Court, the motion and response may not exceed 5 pages and the reply may not exceed 3 pages. All other aspects of the first Scheduling Order at ECF No. 11 remain in effect. Signed by Magistrate Judge Lurana S. Snow on 3/5/2021. (sl00) |
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order
~Util - Set/Reset Hearings
Fri 03/05 10:43 PM
PAPERLESS ORDER RESETTING HEARING ON PRELIMINARY INJUNCTION. Preliminary Injunction Hearing set for Thursday, 4/22/2021, at 10:00 a.m. via ZOOM in Fort Lauderdale Division before Magistrate Judge Lurana S. Snow. The hearing previously scheduled for March 18, 2021 is hereby cancelled. All exhibits to be used at the hearing shall be filed with the Court along with form AO 187 no later than April 8, 2021. The parties shall provide an email to snow@flsd.uscourts.gov by 4/15/21, at noon with the names, email addresses and phone numbers for all counsel, parties and witnesses that shall be present at the Preliminary Injunction Hearing. Signed by Magistrate Judge Lurana S. Snow on 3/5/2021. (sl00) |
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| Tuesday, March 02, 2021 | ||
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motion
Extension of Time
Tue 03/02 1:05 PM
Plaintiff's MOTION for Extension of Time to file Reply Brief and Extend Pre-Hearing Schedule by Advanced Biocide Technology, LLC. Responses due by 3/16/2021(Kain, Robert) |
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Att: 1
Exhibit A Meet and Confer email,
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Att: 2
Exhibit B Depo Excerpt
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| Tuesday, February 23, 2021 | ||
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respm
Response in Opposition to Motion
Tue 02/23 11:30 PM
RESPONSE in Opposition re32 Amended MOTION for Preliminary Injunction filed by Granite Ridge Consulting LLC, Jacqueline Kemper, Kemper Consulting LLC.. Attorney Jennifer K. Birmingham added to party Granite Ridge Consulting LLC(pty:dft), Attorney Jennifer K. Birmingham added to party Kemper Consulting LLC.(pty:dft). Replies due by 3/2/2021.(Birmingham, Jennifer) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Tuesday, February 16, 2021 | ||
| 32 | 32
motion
Preliminary Injunction
Tue 02/16 1:48 PM
Amended MOTION for Preliminary Injunction by Advanced Biocide Technology, LLC. (Kain, Robert) |
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| Friday, February 12, 2021 | ||
| 31 | 31
service
Waiver of Service Executed
Fri 02/12 1:10 PM
WAIVER OF SERVICE Returned Executed by Kemper Consulting LLC.. (Birmingham, Jennifer) |
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| 30 | 30
service
Waiver of Service Executed
Fri 02/12 1:09 PM
WAIVER OF SERVICE Returned Executed by Granite Ridge Consulting LLC. (Birmingham, Jennifer) |
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| Thursday, February 11, 2021 | ||
| 29 | 29
order
Order on Expedited Motion
Thu 02/11 6:13 PM
PAPERLESS ORDER denying as moot5 Plaintiff's Expedited Motion for Preliminary Injunction in light of the amended relief being requested. Accordingly, Plaintiff shall file an Amended Motion for Preliminary Injunction by February 16, 2021. The Court adopts the agreed Motion Schedule at ECF No. 24 at 4 ; granting7 Expedited Motion for Hearing on Plaintiff's [Amended] Motion for Preliminary Injunction should the parties fail to resolve the remaining issues. Preliminary Injunction Hearing set VIA ZOOM for Thursday, 3/18/2021, at 10:00 a.m. in the Fort Lauderdale Division before Magistrate Judge Lurana S. Snow. The parties shall provide an email to snow@flsd.uscourts.gov by 3/15/21, at noon with the names, email addresses and phone numbers for all counsel, parties and witnesses that shall be present at the Preliminary Injunction Hearing. Signed by Magistrate Judge Lurana S. Snow on 2/11/2021. (sl00) |
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| Wednesday, February 10, 2021 | ||
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2
pgs
order
Preliminary Injunction
Wed 02/10 11:46 AM
PRELIMINARY INJUNCTION. Signed by Judge William P. Dimitrouleas on 2/10/2021. See attached document for full details. (kpe) |
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| 27 | 27
3
pgs
order
Order on Motion for Preliminary Injunction
Wed 02/10 11:39 AM
OMNIBUS ORDER Granting25 Agreed Upon Preliminary Relief; Clarifying That Amended Request Remains Referred With Already Referred Preliminary Injunction Motion And Request For Hearing. Signed by Judge William P. Dimitrouleas on 2/10/2021. See attached document for full details. (kpe) |
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| Tuesday, February 09, 2021 | ||
| 26 | 26
notice
Notice (Other)
Tue 02/09 5:29 PM
NOTICE by Advanced Biocide Technology, LLC re5 EXPEDITED MOTION Preliminary Injunction Plaintiff's Amended Request for Preliminary Injunctive Relief (Kain, Robert) |
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Att: 1
Text of Proposed Order
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| 25 | 25
2
pgs
motion
Preliminary Injunction
Tue 02/09 5:24 PM
Agreed MOTION for Preliminary Injunction For Preliminary Relief by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
Text of Proposed Order
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| Monday, February 08, 2021 | ||
| 24 | 24
6
pgs
misc
Status Report
Mon 02/08 5:35 PM
STATUS REPORT For Preliminary Injunction Hearing by Advanced Biocide Technology, LLC (Kain, Robert) |
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| Wednesday, February 03, 2021 | ||
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order
Order on Motion for Extension of Time
Wed 02/03 4:49 PM
PAPERLESS ORDER granting22 Agreed Motion for Extension of Time to Comply with ECF No. 11. February 5, 2021 - The parties shall meet and confer regarding (i) an ESI plan for review of KEMPER's iPhone and iCloud; (ii) selection of an IT consultant, (iii) service of process on the defendant corporations, (iv) dates certain for KEMPER's cooperation regarding ABT Passwords and access to ABT's EPA online account, and (v) whether KEMPER will agree to cease all communications with ABT's customers and ABT's manufacturer and cease all business with those entities for the duration of this lawsuit. February 8, 2021 - If an agreement is reached, the Parties shall file the same with the Court. If an agreement is not reached on the motions, the Parties shall file an agreed expedited briefing schedule for any items in dispute and shall file a status report indicating what issues remain in dispute and the briefing schedule agreed to by the parties. Other than this re-set schedule, all other aspects of the first Scheduling Order at ECF No, 11 remain in effect. Signed by Magistrate Judge Lurana S. Snow on 2/3/2021. (sl00) |
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| 22 | 22
5
pgs
motion
Extension of Time
Wed 02/03 4:03 PM
Agreed MOTION for Extension of Time TO MEET AND CONFER RELATIVE TO COURT-ORDERED SCHEDULE by Advanced Biocide Technology, LLC. Responses due by 2/17/2021 (Kain, Robert) |
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| Tuesday, February 02, 2021 | ||
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notice
Clerk's Notice - Attorney Admissions
Tue 02/02 3:53 PM
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jennifer K. Birmingham re20 Notice of Change of Address, Email or Law Firm Name. Attorney Jennifer K. Birmingham is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions.[LINK:www.flsd.uscourts.gov/updating-your-information] (pt) |
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| 20 | 20
notice
Notice of Change of Address, Email or Law Firm Name
Tue 02/02 12:29 PM
NOTICE of Change of Address, Email or Law Firm Name by Jennifer K. Birmingham (Birmingham, Jennifer) |
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| Monday, February 01, 2021 | ||
| 19 | 19
notice
Notice of Attorney Appearance
Mon 02/01 11:03 AM
NOTICE of Attorney Appearance by Jennifer K. Birmingham on behalf of Jacqueline Kemper. Attorney Jennifer K. Birmingham added to party Jacqueline Kemper (pty:dft). (Birmingham, Jennifer) |
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| Friday, January 29, 2021 | ||
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16
pgs
order
Order on Expedited Motion Order on Motion for Protective Order
Fri 01/29 2:30 PM
ORDER denying as moot6 Expedited Motion for Protective Order ; granting17 Agreed-to Motion for Stipulated Protective Order. See Stipulated Protective Order attached hereto for full details. Signed by Magistrate Judge Lurana S. Snow on 1/29/2021. (sl00) |
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| 17 | 17
motion
Protective Order
Fri 01/29 9:58 AM
Agreed MOTION for Protective Order by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
Text of Proposed Order
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| Tuesday, January 26, 2021 | ||
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order
Order on Motion for Extension of Time
Tue 01/26 6:27 PM
PAPERLESS ORDER granting15 Agreed Motion for Extension of Time. By February 1, 2021 - The parties shall either (i) submit a stipulated protective order for confidential documents or (ii) plaintiff shall file a motion for protective order and summarize the areas of disagreement and areas of agreement not to exceed five pages. By February 1, 2021 - The parties shall meet and confer for at least one (1) hour relative to seeking an agreement as to ABT's Motion for Preliminary Injunction (ECF No.5), including an exchange of relevant documents, devices, and information. The parties shall also discuss service of process on the defendant corporations. By February 3, 2021 - If an agreement is reached, the Parties shall file the same with the Court. If an agreement is not reached on the motions, the Parties shall file an agreed expedited briefing schedule for any items in dispute and shall file a status report indicating what issues remain in dispute and the briefing schedule agreed to by the parties. All other requirements contained in the Scheduling Order at ECF No. 11 remain in affect. Signed by Magistrate Judge Lurana S. Snow on 1/26/2021. (sl00) |
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motion
Extension of Time
Tue 01/26 5:16 PM
Agreed MOTION for Extension of Time to Re-Set Pre-Motion Court-Ordered Schedule by Advanced Biocide Technology, LLC. Responses due by 2/9/2021 (Kain, Robert) |
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| Friday, January 22, 2021 | ||
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service
Summons (Affidavit) Returned Executed
Fri 01/22 6:16 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Advanced Biocide Technology, LLC. Jacqueline Kemper served on 1/19/2021, answer due 2/9/2021.(Kain, Robert) |
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Att: 1
Summon(s) Return of Service on KEMPER,
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Att: 2
Exhibit Return of Due Diligence Granite,
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Att: 3
Exhibit Return of Due Diligence Kemper Consulting
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| Friday, January 15, 2021 | ||
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order
Order on Motion to Expedite Order on Motion for Extension of Time
Fri 01/15 4:22 PM
PAPERLESS ORDER granting12 12 Plaintiff's Expedited Motion to Effect Service of Process and for Extension of Time on those portions of the Court's Order enumerated in the Motion. All other requirements remain unchanged. Signed by Magistrate Judge Lurana S. Snow on 1/15/2021. (sl00) |
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motion
Expedite Extension of Time
Fri 01/15 2:29 PM
MOTION to Expedite , MOTION for Extension of Time to Extend the Time to Serve Defendants and Re-Set Scheduling Order ECF 11 re 11 Order,,,,,,, ( Responses due by 1/29/2021) by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
Exhibit Certificate of Non-Service,
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Att: 2
Text of Proposed Order
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| Tuesday, January 12, 2021 | ||
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order
- Order (PAPERLESS or pdf attached)
Tue 01/12 9:10 PM
PAPERLESS ORDER denying those portions of the Motions at ECF Nos. 5, 6 and 7 requesting expedited relief in that Defendant was terminated in January 2020 and Plaintiff has failed to establish the need for same. However, the Court will entertain expedited briefing if the parties are unable to resolve the issues without court intervention. The parties are ORDERED to meaningfully confer either by telephone, in person, or by ZOOM (or a similar platform) to discuss the issues raised in the Motion for Preliminary Injunction and Protective Order, including the exchange of relevant documents, devices, and information. The parties shall reserve at least one (1) hour to confer. The conferral shall occur no later than January 18, 2021, by 3:00 p.m. If the parties reach an agreement on the issues in the Motions, the Plaintiff shall file a notice of withdrawal of the Motions or the parties shall file a stipulated protective order and an agreed preliminary injunction no later than January 20, 2021, by 5:00 p.m. If the parties are unable to resolve the issues in the Motions, they shall agree on an expedited briefing schedule and shall file a status report indicating what issues remain in dispute and the briefing schedule agreed to by the parties no later than January 20, 2021, by 5:00 p.m. A hearing on the Motion for Preliminary Injunction is deferred pending compliance with the conferral requirements enumerated herein. In that no notice of appearance has been filed by counsel on behalf of the Defendants, Plaintiff shall ensure that Defendants are served with a copy of this Order no later than January 14, 2021. In addition, if the parties need additional time to confer or for Defendants to obtain counsel to assist in complying with this Order, they shall present an agreed motion requesting additional time for compliance. Signed by Magistrate Judge Lurana S. Snow on 1/12/2021. (sl00) |
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| Monday, January 11, 2021 | ||
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3
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order
Order Requiring Joint Scheduling Report
Mon 01/11 5:26 PM
ORDER Requiring Counsel To Meet, File Joint Scheduling Report And Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 1/11/2021. See attached document for full details. (kpe) |
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| Friday, January 08, 2021 | ||
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2
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order
Order Referring Motion
Fri 01/08 5:44 PM
ORDER Referring Motions. Motions [DE's 5,6,7] referred to Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 1/8/2021. See attached document for full details. (kpe) |
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| Thursday, January 07, 2021 | ||
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1
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notice
Notice (Other)
Thu 01/07 3:53 PM
NOTICE of Filing Declarations In Support of5 Motion for Preliminary Injunction by Advanced Biocide Technology, LLC of filing declarations of Benisti and Tarnapolsky (Kain, Robert) Modified text on 1/7/2021 (kpe) |
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Att: 1
14 pgs
Affidavit Declaration of Benisti,
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Att: 2
4 pgs
Affidavit Declaration of Tarnapolsky
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2
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motion
Expedited Motion
Thu 01/07 3:49 PM
EXPEDITED MOTION Requesting Preliminary Injunction Hearing by Advanced Biocide Technology, LLC.(Kain, Robert) Modified text on 1/7/2021 (kpe) |
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Att: 1
1 pgs
Text of Proposed Order
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4
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motion
Expedited Motion
Thu 01/07 3:48 PM
EXPEDITED MOTION Protective Order by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
16 pgs
Text of Proposed Order
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21
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motion
Expedited Motion
Thu 01/07 3:37 PM
EXPEDITED MOTION Preliminary Injunction by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
2 pgs
Exhibit 1,
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Att: 2
1 pgs
Exhibit 2A,
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Att: 3
2 pgs
Exhibit 2B,
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Att: 4
13 pgs
Exhibit 3A,
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Att: 5
19 pgs
Exhibit 3B,
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Att: 6
1 pgs
Exhibit 4,
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Att: 7
5 pgs
Exhibit 5,
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Att: 8
3 pgs
Exhibit 6,
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Att: 9
2 pgs
Exhibit 7,
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Att: 10
1 pgs
Exhibit 8,
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Att: 11
1 pgs
Exhibit 9,
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Att: 12
2 pgs
Exhibit 10,
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Att: 13
1 pgs
Exhibit 11,
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Att: 14
2 pgs
Exhibit 12,
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Att: 15
1 pgs
Exhibit 13,
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Att: 16
1 pgs
Exhibit 14,
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Att: 17
1 pgs
Exhibit 15,
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Att: 18
2 pgs
Exhibit 16,
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Att: 19
1 pgs
Exhibit 17,
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Att: 20
1 pgs
Exhibit 18A,
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Att: 21
2 pgs
Exhibit 18B,
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Att: 22
2 pgs
Exhibit 19,
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Att: 23
4 pgs
Exhibit 20,
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Att: 24
2 pgs
Text of Proposed Order
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| 4 | 4
service
Summons Issued
Thu 01/07 1:46 PM
Summons Issued as to Granite Ridge Consulting LLC, Jacqueline Kemper, Kemper Consulting LLC.. (kpe) |
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order
Clerks Notice of Docket Correction - ELECTRONIC CASE
Thu 01/07 1:42 PM
Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The correction was made by the Clerk. It is not necessary to re-file this document. (kpe) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 01/07 1:40 PM
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
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33
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cmp
Complaint
Thu 01/07 1:27 PM
COMPLAINT against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-14170454, filed by Advanced Biocide Technology, LLC.(Kain, Robert) |
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Att: 1
1 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B,
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Att: 3
13 pgs
Exhibit C,
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Att: 4
51 pgs
Exhibit D,
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Att: 5
5 pgs
Exhibit E,
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Att: 6
3 pgs
Exhibit F,
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Att: 7
2 pgs
Exhibit G,
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Att: 8
2 pgs
Exhibit H,
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Att: 9
1 pgs
Exhibit I,
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Att: 10
2 pgs
Exhibit J,
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Att: 11
Civil Cover Sheet,
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Att: 12
2 pgs
Summon(s) Kemper,
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Att: 13
2 pgs
Summon(s) Granite,
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Att: 14
2 pgs
Summon(s) K-Consulting
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