Phosphorus Free Water Solutions, LLC v. Ferrate Solutions, Inc. et al
| Florida Middle District Court | |
| Judge: | Wendy W Berger |
| Referred: | Leslie Hoffman Price |
| Case #: | 6:21-cv-01959 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(a) Injunction against Misappropriation of Trade Secrets |
| Case Filed: | Nov 19, 2021 |
| Last checked: Wednesday May 18, 2022 5:17 AM EDT |
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Defendant
Ferrate Solutions, Inc.
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Represented By
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Defendant
Thomas Waite
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Represented By
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Plaintiff
Phosphorus Free Water Solutions, LLC
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Represented By
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| Docket last updated: 05/13/2025 11:59 PM EDT |
| Tuesday, October 03, 2023 | ||
| 39 | 39
1
pgs
order
Order Dismissing Case
Tue 10/03 2:40 PM
ORDER Dismissing Case with Prejudice re 37 Plaintiff's Response to Court's Order Regarding Mediation. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 10/3/2023. (RMF) |
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| Friday, September 22, 2023 | ||
| 38 | 38
respoth
Response
Fri 09/22 10:20 PM
RESPONSE re37 Order directing compliance regarding mediation filed by Phosphorus Free Water Solutions, LLC. (Roth, Katharine) |
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| Tuesday, September 19, 2023 | ||
| 37 | 37
2
pgs
order
Order directing compliance
Tue 09/19 3:06 PM
ORDER Directing Compliance: it is ORDERED that the parties shall advise the Court on the status of mediation on or before September 22, 2023. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions pursuant to Local Rule 3.10. Signed by Judge Wendy W. Berger on 9/19/2023. (RMF) |
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| Wednesday, February 08, 2023 | ||
| 36 | 36
order
Case Management Scheduling Order
Wed 02/08 4:21 PM
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/1/2023 Dispositive motions due by 10/3/2023 Pretrial statement due by 2/5/2024 All other motions due by 1/4/2024 Plaintiff disclosure of expert report due by 7/3/2023 Defendant disclosure of expert report due by 8/3/2023 Trial Status Conference set for 2/13/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the March 2024 trial term commencing on 3/4/2024 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 9/15/2023. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 2/8/2023. (RMF) |
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| Wednesday, January 11, 2023 | ||
| 35 | 35
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pgs
order
Order on Motion to Consolidate Cases
Wed 01/11 5:26 PM
ORDER: Defendants' Unopposed Motion to Consolidate (Doc. 26) is GRANTED. The following cases are hereby CONSOLIDATED for all purposes: Case Numbers 6:21-cv-1959-WWB-LHP and 6:22-cv-01302-WWB-LHP. Case Number 6:21-cv-1959-WWB-LHP shall be the lead case, and all future filings shall be filed and docketed in Case Number 6:21-cv-1959-WWBLHP only. Signed by Judge Wendy W. Berger on 1/11/2023. (RMF) |
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| Friday, November 04, 2022 | ||
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order
Order on Motion to Stay
Fri 11/04 2:05 PM
ENDORSED ORDER denying as moot 25 Motion to Stay Proceedings. Signed by Judge Wendy W. Berger on 11/4/2022. (ETW) |
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| Thursday, October 27, 2022 | ||
| 33 | 33
answer
Answer to Counterclaim
Thu 10/27 4:54 PM
Plaintiff's REPLY to 30 Counterclaim Answer and Affirmative Defenses by Phosphorus Free Water Solutions, LLC.(Bishop, Thomas) |
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| Friday, October 21, 2022 | ||
| 32 | 32
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pgs
order
Order on Motion for Extension of Time to File Response / Reply
Fri 10/21 12:49 PM
ORDER granting 31 Motion for Extension of Time. The deadline for Plaintiff/Counter-Defendant Phosphorus Free Water Solutions, LLC to respond to the counterclaim filed by Defendant/Counter-Plaintiff Ferrate Solutions, Inc. (Doc. No. 30) is extended up to and including October 27, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 10/21/2022. (MKH) |
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| Thursday, October 20, 2022 | ||
| 31 | 31
motion
Extension of Time to File Response / Reply
Thu 10/20 5:30 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to30 Answer to amended complaint Counterclaim, by Phosphorus Free Water Solutions, LLC. (Bishop, Thomas) |
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| Thursday, September 29, 2022 | ||
| 30 | 30
answer
Answer to amended complaint Counterclaim
Thu 09/29 10:32 PM
ANSWER and affirmative defenses with Jury Demand to 29 Amended Complaint , COUNTERCLAIM against Phosphorus Free Water Solutions, LLC by Thomas Waite, Ferrate Solutions, Inc..(Warzecha, Mark) |
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| Thursday, September 15, 2022 | ||
| 29 | 29
cmp
Amended Complaint
Thu 09/15 4:52 PM
AMENDED COMPLAINT for Injunctive Relief and Damages against All Defendants with Jury Demand. filed by Phosphorus Free Water Solutions, LLC.(Bishop, Thomas) |
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| Thursday, September 01, 2022 | ||
| 28 | 28
21
pgs
order
Order on Motion for Preliminary Injunction Order on Motion to Dismiss Order on Motion for Miscellaneous Relief
Thu 09/01 2:58 PM
ORDER: Plaintiff's Motion for Preliminary Injunction 4 is DENIED. Defendants' Motion to Dismiss or Alternatively for More Definite Statement 12 is GRANTED in part as set forth herein and DENIED in all other respects. Plaintiff's Motion for Leave to Reply to the Defendants' Response to the Motion for Preliminary Injunction 23 is DENIED. Plaintiff may file an amended complaint on or before September 15, 2022, to address the deficiencies set forth herein. Signed by Judge Wendy W. Berger on 9/1/2022. (RMF) |
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utility
Set/reset deadlines/hearings-PUBLIC
Thu 09/01 4:12 PM
Set deadlines: Amended Complaint due by 9/15/2022 (KNC) |
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| Wednesday, August 31, 2022 | ||
| 27 | 27
respm
Response in Opposition to Motion
Wed 08/31 4:29 PM
RESPONSE in Opposition re25 MOTION to Stay Proceedings filed by Phosphorus Free Water Solutions, LLC. (Roth, Katharine) |
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| Wednesday, August 17, 2022 | ||
| 26 | 26
motion
Consolidate Cases
Wed 08/17 10:01 AM
Unopposed MOTION to Consolidate Cases by All Defendants. (Warzecha, Mark) |
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| 25 | 25
motion
Stay
Wed 08/17 10:00 AM
MOTION to Stay by All Defendants. (Warzecha, Mark) |
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| Friday, February 04, 2022 | ||
| 24 | 24
respm
Response in Opposition to Motion
Fri 02/04 2:23 PM
RESPONSE in Opposition re23 MOTION for Miscellaneous Relief, specifically for Leave to Reply to the Defendants' Response to the Motion for Preliminary Injunction and Request for an Evidentiary Hearing filed by Ferrate Solutions, Inc., Thomas Waite. (Warzecha, Mark) |
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| Thursday, February 03, 2022 | ||
| 23 | 23
motion
Miscellaneous Relief
Thu 02/03 4:10 PM
MOTION for Miscellaneous Relief, specifically FOR LEAVE TO REPLY TO THE DEFENDANTS' RESPONSE TO THE MOTION FOR PRELIMINARY INJUNCTION AND REQUEST FOR AN EVIDENTIARY HEARING by Phosphorus Free Water Solutions, LLC. (Bishop, Thomas) |
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| Wednesday, January 26, 2022 | ||
| 22 | 22
utility
Case Referred to Mediation
Thu 01/27 9:51 AM
CASE REFERRED to Mediation. (LDJ) |
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| 21 | 21
20
pgs
respm
Response in Opposition to Motion
Wed 01/26 6:56 PM
RESPONSE in Opposition re4 MOTION for Preliminary Injunction filed by Ferrate Solutions, Inc., Thomas Waite.(Warzecha, Mark) |
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Att: 1
14 pgs
Exhibit A - Affidavit of Thomas Waite,
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Att: 2
3 pgs
Exhibit B - Affidavit of David Smith,
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Att: 3
3 pgs
Exhibit C - Affidavit of Robert Knott
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| 20 | 20
notice
Notice (Other)
Wed 01/26 5:01 PM
NOTICE by Phosphorus Free Water Solutions, LLC , Thomas Waite, and Ferrate Solutions, Inc., Regarding a Hearing on the Motion for Preliminary Injunction (Roth, Katharine) |
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| 19 | 19
order
Standing Order
Wed 01/26 8:46 AM
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 3/3/2021. (MKH) |
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| 18 | 18
order
Case Management / FLSA / ADA / Social Security / Scheduling Order
Wed 01/26 8:15 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/28/2022, Joinder of Parties due by 2/28/2022, Discovery due by 6/2/2023, Dispositive motions due by 7/4/2023, Joint Final Pretrial statement due by 11/6/2023, All other motions due by 10/4/2023, Plaintiff disclosure of expert report due by 4/4/2023, Defendant disclosure of expert report due by 5/4/2023. Trial Status Conference set for 11/14/2023 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Jury Trial set for trial term commencing 12/4/2023 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 6/16/2023. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 1/25/2022. (ALL) |
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| Wednesday, January 19, 2022 | ||
| 17 | 17
order
*Order pdf
Wed 01/19 3:47 PM
ORDER re 4 : Defendants shall file a consolidated response to the Motion for Preliminary Injunction on or before January 26, 2022. On or before January 26, 2022, the parties shall file a joint notice, not to exceed ten pages, informing this Court if an evidentiary hearing is necessary in this matter. Signed by Judge Wendy W. Berger on 1/19/2022. (ALL) |
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utility
Set Motion and R&R deadlines/hearings - PUBLIC
Thu 01/20 10:59 AM
Set deadline as to4 MOTION for Preliminary Injunction . Responses due by 1/26/2022 (LDJ) |
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| Thursday, January 13, 2022 | ||
| 16 | 16
misc
Corporate Disclosure Statement
Thu 01/13 8:03 PM
CORPORATE Disclosure Statement by Phosphorus Free Water Solutions, LLC. (Roth, Katharine) |
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| Wednesday, January 12, 2022 | ||
| 15 | 15
misc
Case Management Report
Wed 01/12 6:31 PM
CASE MANAGEMENT REPORT. (Roth, Katharine) |
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| 14 | 14
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 01/12 3:09 PM
CERTIFICATE of interested persons and corporate disclosure statement by Ferrate Solutions, Inc., Thomas Waite. (Warzecha, Mark) |
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| Thursday, December 30, 2021 | ||
| 13 | 13
respm
Response in Opposition to Motion
Thu 12/30 4:45 PM
RESPONSE in Opposition re12 MOTION to Dismiss or Alternatively for a More Definite Statement and Incorporated Memorandum of Law in Support filed by Phosphorus Free Water Solutions, LLC. (Roth, Katharine) |
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| Thursday, December 09, 2021 | ||
| 12 | 12
motion
Dismiss
Thu 12/09 6:43 PM
MOTION to Dismiss OR ALTERNATIVELY FOR A MORE DEFINITE STATEMENT AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by All Defendants. (Warzecha, Mark) |
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| Monday, December 06, 2021 | ||
| 11 | 11
service
Proof of service
Mon 12/06 10:35 AM
PROOF of service by Phosphorus Free Water Solutions, LLC (Bishop, Thomas) |
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| 10 | 10
service
Proof of service
Mon 12/06 10:33 AM
PROOF of service by Phosphorus Free Water Solutions, LLC (Bishop, Thomas) |
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| Friday, December 03, 2021 | ||
| 9 | 9
notice
Notice of appearance
Fri 12/03 11:08 AM
NOTICE of Appearance by Kelly G. Swartz on behalf of Ferrate Solutions, Inc., Thomas Waite (Swartz, Kelly) |
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| 8 | 8
notice
Notice of appearance
Fri 12/03 11:05 AM
NOTICE of Appearance by Jessica Page on behalf of Ferrate Solutions, Inc., Thomas Waite (Page, Jessica) |
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| 7 | 7
notice
Notice of appearance
Fri 12/03 11:03 AM
NOTICE of Appearance by Mark F. Warzecha on behalf of Ferrate Solutions, Inc., Thomas Waite (Warzecha, Mark) |
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| Wednesday, December 01, 2021 | ||
| 6 | 6
notice
Notice to Counsel of Local Rule
Wed 12/01 4:54 PM
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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| 5 | 5
order
*Order no pdf
Wed 12/01 4:53 PM
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 12/1/2021. (RMF) |
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| Monday, November 29, 2021 | ||
| 4 | 4
motion
Preliminary Injunction
Mon 11/29 5:12 PM
MOTION for Preliminary Injunction by Phosphorus Free Water Solutions, LLC.(Bishop, Thomas) |
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Att: 1
Exhibit Ex. A - Declaration of Mcintee,
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Att: 2
Exhibit Ex. B - Declaration of Daly,
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Att: 3
Exhibit Ex. C - Proposed Order
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| Friday, November 19, 2021 | ||
| 3 | 3
service
Summons issued
Fri 11/19 11:27 AM
SUMMONS issued as to Ferrate Solutions, Inc. and Thomas Waite. (BD) |
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| 2 | 2
utility
Case Assigned/Reassigned
Fri 11/19 10:58 AM
NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-1959-WWB-LRH. (NAS) |
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| 1 | 1
22
pgs
cmp
Complaint
Fri 11/19 10:46 AM
COMPLAINT EMERGENCY against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18947478) filed by Phosphorus Free Water Solutions, LLC.(Bishop, Thomas) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons
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