Shields Manufacturing, Inc. v. Ray Phillips et al
| Oregon District Court | |
| Judge: | Michael H Simon |
| Case #: | 3:21-cv-01818 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Dec 15, 2021 |
| Terminated: | Mar 01, 2022 |
| Last checked: Monday Jun 13, 2022 1:25 AM PDT |
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Defendant
Ray Phillips
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Represented By
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Defendant
Turk Manufacturing, LLC
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Represented By
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Plaintiff
Shields Manufacturing, Inc.
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Represented By
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| Docket last updated: 04/29/2025 11:59 PM PDT |
| Tuesday, March 01, 2022 | ||
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order
Dismissal (60-day) - Terminate Case
Tue 03/01 9:12 AM
60-DAY ORDER OF DISMISSAL: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (mja) |
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| Friday, February 25, 2022 | ||
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order
1 - Scheduling
Fri 02/25 9:03 AM
ORDER - The parties have reported that this case has settled. The Telephone Conference set for February 25, 2022 and the two-day Evidentiary Hearing set March 1, 2022 are STRICKEN. Ordered by Judge Michael H. Simon. (mja) |
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| Thursday, February 24, 2022 | ||
| 47 | 47
oth_sup
Brief
Thu 02/24 12:26 PM
Supplemental Brief . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 46 | 46
oth_ans
Response
Thu 02/24 11:58 AM
Supplemental Response to Plaintiff's Motion for Temporary Restraining Order . Filed by All Defendants. (Kunkel, Ryan) |
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order
1 - Scheduling
Thu 02/24 8:40 AM
AMENDED SCHEDULING ORDER - The Court sets a Telephone Status Conference to discuss number of witnesses, total witness time needed, and related scheduling issues for upcoming preliminary injunction hearing for Friday, February 25, 2022 at 1:30 p.m. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) |
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| Wednesday, February 23, 2022 | ||
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order
1 - Scheduling
Wed 02/23 9:53 AM
SCHEDULING ORDER - The Court sets a Telephone Status Conference to discuss number of witnesses, total witness time needed, and related scheduling issues for upcoming preliminary injunction hearing for Friday, February 24, 2022 at 1:30 p.m. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) |
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| Tuesday, February 22, 2022 | ||
| 43 | 43
trial
Witness List
Tue 02/22 4:02 PM
Witness List Pre-Hearing Disclosure of Witnesses . Filed by All Defendants. (Kunkel, Ryan) |
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| 42 | 42
trial
Witness List
Tue 02/22 1:40 PM
Witness List . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| Thursday, February 10, 2022 | ||
| 41 | 41
2
pgs
order
Order
Thu 02/10 3:29 PM
ORDER - The Court requests supplemental briefing on the following legal question: Under Oregon law, must a separation agreement independently satisfy ORS § 653.295 if it extends the period of non-competition contained in an employee's employment agreement? The parties are limited to five pages and responses are due two weeks from the date of this Order. Signed on 2/10/2022 by Judge Michael H. Simon. (See attached order for details.) (mja) |
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minute
Status Conference
Thu 02/10 9:53 AM
MINUTES OF TELEPHONE DISCOVERY HEARING: Discovery dispute discussed as stated on the record. Sally A. Piefer present as counsel for Plaintiff. Karen L. O'Conor, Ryan Kunkel, and Elliott J. Williams present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) |
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| Wednesday, February 09, 2022 | ||
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order
1 - Scheduling
Wed 02/09 4:00 PM
Scheduling Order - At the Plaintiff's request, the Court is setting a Telephone Conference to discuss a discovery dispute for 2/10/2022 at 09:00 a.m. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) |
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| Monday, January 31, 2022 | ||
| 38 | 38
9
pgs
order
Order on Motion for Protective Order
Mon 01/31 4:35 PM
Stipulated Protective Order. Signed on 1/31/2022 by Judge Michael H. Simon. (mja) |
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| 37 | 37
motion
Protective Order
Mon 01/31 2:54 PM
Stipulated Motion for Protective Order . Filed by All Defendants. (Kunkel, Ryan) |
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| Monday, January 24, 2022 | ||
| 35 | 35
oth_sup
Declaration
Mon 01/24 4:06 PM
Declaration of Eric Wisnefsky . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 34 | 34
oth_sup
Declaration
Mon 01/24 4:05 PM
Declaration of Colin Wildschut . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 33 | 33
oth_sup
Declaration
Mon 01/24 4:04 PM
Declaration of Sally A. Piefer . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 32 | 32
oth_sup
Declaration
Mon 01/24 4:03 PM
Declaration of James Lowell . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 31 | 31
oth_sup
Declaration
Mon 01/24 4:02 PM
Declaration of Michael Giasante . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 30 | 30
oth_sup
Declaration
Mon 01/24 4:02 PM
Declaration of Scott Bourget . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| 28 | 28
resp
Reply to Motion
Mon 01/24 3:57 PM
Reply in Support of Order to Show Cause Why a Preliminary Injunction Should Not Issue to Motion for Temporary Restraining Order 7 . Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| Thursday, January 20, 2022 | ||
| 27 | 27
order
1 - Scheduling
Thu 01/20 2:58 PM
SCHEDULING ORDER - At the parties' request, Plaintiff's reply memorandum in support of order to show cause why a preliminary injunction should not issue is extended from January 21, 2022 to January 24, 2022. Ordered by Judge Michael H. Simon. (mja) |
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| Friday, January 14, 2022 | ||
| 26 | 26
oth_sup
Declaration
Fri 01/14 5:43 PM
Declaration of Thomas Sanford in Support of Response to Motion for Temporary Restraining Order . Filed by All Defendants. (O'Connor, Karen) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 25 | 25
oth_sup
Declaration
Fri 01/14 5:41 PM
Declaration of Ray Phillips in Support of Response to Motion for Temporary Restraining Order . Filed by All Defendants. (O'Connor, Karen) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9
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| 24 | 24
resp
Response to Motion
Fri 01/14 5:24 PM
Response to Plaintiff's Motion for Temporary Restraining Order . Filed by All Defendants. (O'Connor, Karen) |
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| Monday, January 10, 2022 | ||
| 23 | 23
oth_doc
Corporate Disclosure Statement
Mon 01/10 4:01 PM
Corporate Disclosure Statement . Filed by All Defendants. (O'Connor, Karen) |
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| 22 | 22
answer
Answer to Complaint
Mon 01/10 3:56 PM
Answer to1 Complaint, and Affirmative Defenses Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Turk Manufacturing, LLC, Ray Phillips. (O'Connor, Karen) |
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| Friday, January 07, 2022 | ||
| 21 | 21
order
1 - Scheduling
Fri 01/07 10:14 AM
SCHEDULING ORDER - By stipulation of the parties, Plaintiff's motion for temporary restraining order (ECF7 ) is WITHDRAWN. The case schedule outlined in the minutes of the telephone conference of December 22, 2021 (ECF 18 ) are STRICKEN. The Court adopts the parties' case schedule outlined in their stipulation and proposed order (ECF20 ) as follows: (1) Discovery to be served on parties by January 10, 2022 (limited to a total of 20 discovery requests under FRCP 33 and/or 34); (2) Defendants' answer to Plaintiff's amended complaint is due by January 10, 2022; (3) Defendants' legal memorandum opposing Plaintiff's order to show cause why a preliminary injunction should not issue is due by January 14, 2022; (4) objections to discovery requests are due by January 17, 2022; (5) Plaintiff's reply memorandum in support of order to show cause why a preliminary injunction should not issue is due by January 21, 2022; (6) answers to interrogatories and production of requested documents is due by January 28, 2022; (7) depositions to be completed for preliminary injunction hearing by February 17, 2022 (depositions limited to two per side); (8) disclosure of the identity of witnesses for preliminary injunction hearing is due by February 22, 2022; and (9) a two-day Preliminary Injunction Hearing is set for March 1, 2022 at 9:00 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) |
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| Wednesday, January 05, 2022 | ||
| 20 | 20
oth_doc
Stipulation
Wed 01/05 12:34 PM
Stipulation and [Proposed] Order Governing Plaintiff's Motion for TRO and Order to Show Cause Why a Preliminary Injunction Should Not Issue by Shields Manufacturing, Inc.. Filed by Shields Manufacturing, Inc.. (Piefer, Sally) |
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| Wednesday, December 29, 2021 | ||
| 19 | 19
cmp
Amended Complaint (ALL CASE TYPES)
Wed 12/29 3:04 PM
First Amended Complaint . Filed by Shields Manufacturing, Inc. against Shields Manufacturing, Inc.. (Choi, Edward) |
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Att: 1
Exhibit
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| Wednesday, December 22, 2021 | ||
| 18 | 18
minute
Scheduling Conference
Wed 12/22 9:38 AM
MINUTES OF TELEPHONE CONFERENCE: ORDER - As discussed on the record, the Court sets a briefing schedule as follows: Defendants' response to Plaintiff's Motion for Temporary Restraining Order (ECF7 ) is due by January 14, 2022; Plaintiff's reply is due by January 19, 2022; and Oral Argument is set for January 25, 2022 at 10:00 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Sally A. Piefer and Edward Choi present as counsel for Plaintiff. Karen L. O'Connor present as counsel for Defendants. Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) |
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| Tuesday, December 21, 2021 | ||
| 17 | 17
order
1 - Scheduling
Tue 12/21 12:24 PM
Scheduling Order - At the parties' request, the Court is setting a Telephone Conference to discuss a briefing schedule for Plaintiff's Motion for Temporary Restraining Order (ECF7 ) for December 22, 2021 at 09:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) |
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| Monday, December 20, 2021 | ||
| 16 | 16
service
Certificate of Service
Mon 12/20 2:20 PM
Certificate of Service by Shields Manufacturing, Inc. of Complaint,1 , Motion for Temporary Restraining Order 7 Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 15 | 15
order
1 - Scheduling
Mon 12/20 12:19 PM
Scheduling Order - THE COURT HEREBY ORDERS that Shields promptly provide a copy of this Scheduling Order to counsel for Phillips and Turk. THE COURT FURTHER ORDERS that counsel for Shields confer with counsel for Phillips and Turk regarding an appropriate briefing and hearing schedule for Shields' motion for TRO. Counsel for all parties should then contact the Courtroom Deputy to set either a briefing and hearing schedule or a telephonic scheduling conference with the Court. Signed 12/20/2021 by Judge Michael H. Simon. (mja) |
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| Friday, December 17, 2021 | ||
| 14 | 14
oth_sup
Declaration
Fri 12/17 5:03 PM
Declaration of Matthew Yopchick . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 13 | 13
oth_sup
Declaration
Fri 12/17 5:02 PM
Declaration of Colin Wildschut . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 12 | 12
oth_sup
Declaration
Fri 12/17 4:56 PM
Declaration of Sally Piefer . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 11 | 11
oth_sup
Declaration
Fri 12/17 4:55 PM
Declaration of James Lowell . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 10 | 10
oth_sup
Declaration
Fri 12/17 4:54 PM
Declaration of Michael Giasante . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 9 | 9
oth_sup
Declaration
Fri 12/17 4:52 PM
Declaration of Shawn Ell . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 8 | 8
oth_doc
Proposed Order (Show Cause Hrg)
Fri 12/17 4:48 PM
Proposed Order for a Hearing to Show Cause . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 7 | 7
motion
Temporary Restraining Order
Fri 12/17 4:45 PM
Motion for Temporary Restraining Order . Oral Argument requested. Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| Thursday, December 16, 2021 | ||
| 6 | 6
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Thu 12/16 3:00 PM
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 4/15/2022. Joint Alternate Dispute Resolution Report is due by 5/16/2022. Pretrial Order is due by 5/16/2022. Ordered by Judge Michael H. Simon. (jtj) |
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| 5 | 5
order
Leave to Appear Pro Hac Vice
Thu 12/16 11:21 AM
ORDER - Plaintiff's Motion for Leave to Appear Pro Hac Vice by attorney Sally A. Piefer (ECF4 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) |
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attyadm
Notice of Registration Requirement - Pro Hac
Thu 12/16 9:33 AM
NOTICE OF REGISTRATION REQUIREMENT. Sally A. Piefer is required to submit a request to e-file in the District of Oregon via PACER before this motion may be ruled upon or filing privileges granted. For instructions visit[LINK:ord.uscourts.gov/prohac] . (ecp) |
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attyadm
Clerk's Review of Pro Hac Vice Motion
Thu 12/16 11:00 AM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Sally A. Piefer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-83445474 : Reviewed and Ready for Ruling. (ecp) Modified on 12/16/2021 to Correct attorney Edward Choi to Sally A. Piefer (mja) |
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| Wednesday, December 15, 2021 | ||
| 4 | 4
motion
Leave to Appear Pro Hac Vice
Wed 12/15 4:58 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Edward Choi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8344547. Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 3 | 3
oth_doc
Corporate Disclosure Statement
Wed 12/15 4:54 PM
Corporate Disclosure Statement . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 2 | 2
oth_doc
Civil Cover Sheet
Wed 12/15 4:53 PM
Civil Cover Sheet regarding Complaint,1 . Filed by Shields Manufacturing, Inc.. (Choi, Edward) |
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| 1 | 1
cmp
Complaint
Wed 12/15 4:49 PM
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8344511 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Shields Manufacturing, Inc. against All Defendants. (Choi, Edward) |
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