Ohio Northern District Court
Judge:Pamela A Barker
Case #: 1:22-cv-00242
Nature of Suit880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA)
Cause18:1836(b) Civil Action to Protect Trade Secrets
Case Filed:Feb 11, 2022
Terminated:Mar 20, 2023
Last checked: Wednesday Aug 10, 2022 4:50 AM EDT
Counter-Claimant
Matthew T. Theis
Represented By
Brian J. Kelly
Frantz Ward
contact info
Frank T. George
Mccarthy, Lebit, Crystal & Liffman
contact info
Ann-Marie Ahern
Mccarthy, Lebit, Crystal & Liffman
contact info
Counter-Defendant
Shamrock Companies, Inc.
Represented By
Joseph N. Gross
Benesch, Friedlander, Coplan & Aronoff
contact info
Daniel J. Cianchetta
Benesch, Friedlander, Coplan & Aronoff - Cleveland
contact info
Defendant
Matthew T. Theis
Represented By
Brian J. Kelly
Frantz Ward
contact info
Frank T. George
Mccarthy, Lebit, Crystal & Liffman
contact info
Ann-Marie Ahern
Mccarthy, Lebit, Crystal & Liffman
contact info
Plaintiff
Shamrock Companies, Inc.
Represented By
Joseph N. Gross
Benesch, Friedlander, Coplan & Aronoff
contact info
Daniel J. Cianchetta
Benesch, Friedlander, Coplan & Aronoff - Cleveland
contact info


Docket last updated: 6 hours ago
Monday, March 20, 2023
23 23 4 pgs order Order Dismissing Case Mon 03/20 2:12 PM
Stipulated Order of Case Dismissal without prejudice. Judge Pamela A. Barker on 3/20/2023. (P,K)
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22 22 notice Notice of Dismissal Mon 03/20 12:45 PM
Stipulated Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice filed by Matthew T. Theis. (George, Frank)
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Tuesday, February 28, 2023
21 21 notice Status Report (atty event) Tue 02/28 11:34 AM
Joint Status Report of the Parties filed by Matthew T. Theis. (Kelly, Brian)
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order Order Tue 02/28 3:43 PM
Order [non-document] The Court has reviewed the parties' Joint Status Report (Doc. No.21 .) The parties shall submit another Joint Status Report by no later than March 22, 2023 regarding the status of the insurance coverage issue and possible dismissal of the instant action without prejudice. Judge Pamela A. Barker on 2/28/2023. (P,K)
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Wednesday, February 01, 2023
order Order Wed 02/01 11:49 AM
Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for "guidance" or "clarification" regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the "status" of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 2/1/2023. (P,K)
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Thursday, December 01, 2022
minutes ~Util - Case Stayed Minute Order _ Status Conference Thu 12/01 4:13 PM
Minute Order [non-document] Telephone status conference held. Participating on behalf of Plaintiff/Counterdefendant were Attorneys Joseph N. Gross and Daniel J. Cianchetta, and participating on behalf of Defendant/Counterclaimant were Attorneys Brian J. Kelly and Ann-Marie Ahern. Counsel for the parties advised the Court that there is an insurance coverage issue between Plaintiff The Shamrock Companies and its insurer that if resolved in favor of coverage, would mean that the insurer would reimburse or pay Plaintiff a large part, if not the total amount of damages it seeks from Defendant for monies Plaintiff paid to him for what ended up being a failed transaction involving Humana. The parties have not engaged in much discovery so as not to spend the time and money associated therewith, given the fact that resolution of the coverage issue may resolve, in whole or in large part, this matter. Counsel requested a 90 day stay of this matter and the Court granted same. This case is stayed for 90 days. Counsel are ordered to file a status report 90 days from the date of this Order advising the Court of the status of the insurance coverage dispute and/or any resolution that involves the parties in this matter, and non-parties Humana and the insurer. Judge Pamela A. Barker on 12/1/2022. (P,K)
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Tuesday, November 29, 2022
order Order Tue 11/29 9:37 AM
Order [non-document] The parties failed to submit a status report prior to the upcoming Status Conference. See Doc. No.20 at p. 2-3. Upon receipt of this Order, the parties are directed to submit a Status Report describing the status of discovery, settlement positions, and issues to be addressed. Judge Pamela A. Barker on 11/29/2022. (P,K)
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Monday, July 18, 2022
20 20 minutes ~Util - Set Hearings Case Management Conference Plan/Order Mon 07/18 9:41 AM
Case Management Conference Plan/Order. Case is assigned to the standard track. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Discovery due by 1/16/2023. Parties to be Joined and Pleading Amendments due by 8/14/2022. Dispositive Motions due by 3/17/2023. Status Conference set for 12/1/2022 at 02:30 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. Judge Pamela A. Barker on 7/18/2022. (P,K)
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19 19 minutes Case Management Conference Mon 07/18 9:35 AM
Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference held on 7/14/2022. Separate Case Management Conference Order to issue. Time: 5 minutes. (P,K)
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Wednesday, July 06, 2022
18 18 notice Report of Parties Planning Meeting (atty event) Wed 07/06 2:58 PM
Amended Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Shamrock Companies, Inc.. (Cianchetta, Daniel)
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order Order Wed 07/06 11:25 AM
Order [non-document] The Court has reviewed the Parties' Planning Report. (Doc. No.16 .) While the parties provide proposed dates for the exchange of expert reports, they fail to propose an expert discovery deadline (i.e., for conducting expert depositions) as required by this Court's standard Parties' Planning Report (Doc. No.14 -1.) By no later than July 7, 2022, the parties are directed to confer and submit a joint proposed expert discovery deadline. In so doing, the parties should consider whether their proposed expert discovery deadline impacts the proposed dispositive motion deadline set forth in their Parties' Planning Report. Judge Pamela A. Barker on 7/6/2022. (P,K)
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Wednesday, June 22, 2022
17 17 answer Answer to Complaint Counterclaim Wed 06/22 10:20 AM
First Amended Answer to1 Complaint, with Jury Demand , Counterclaim against Shamrock Companies, Inc. filed by Matthew T. Theis. (George, Frank)
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order Order Wed 06/22 10:05 AM
Order [non-document]. On June 9, 2022, this Court granted Defendants unopposed Motion for Leave to File Amended Answer and ordered Defendant to file his Amended Answer on the docket upon receipt of this Order. The docket reflects that Defendant has failed to do so. Defendant is ordered to file his Amended Answer on the docket immediately on receipt of this Order. . Judge Pamela A. Barker on 6/22/2022. (S,KM)
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Tuesday, June 21, 2022
16 16 notice Report of Parties Planning Meeting (atty event) Tue 06/21 4:22 PM
Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(f) and L.R. 16.3(b)(3) - parties do not consent to this case being assigned to the magistrate judge, filed by Shamrock Companies, Inc.. (Kelly, Brian)
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Thursday, June 09, 2022
15 15 motion Leave Thu 06/09 9:52 AM
Unopposed Motion for leave to file First Amended Answer to Plaintiff's Verified Complaint, Instanter filed by Defendant Matthew T. Theis.(George, Frank)
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Att: 1 Exhibit A
order Order on Motion for leave Thu 06/09 12:02 PM
Order [non-document] Defendant's Motion for Leave to File Amended Answer (Doc. No.15 ) is unopposed and granted. Defendant is directed to file his Amended Answer on the docket upon receipt of this Order. Judge Pamela A. Barker on 6/9/2022.(P,K)
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Monday, June 06, 2022
14 14 order Case Management Conference Scheduling Order Mon 06/06 10:51 AM
Case Management Conference Scheduling Order with case management conference to be held telephonically on 7/14/2022 at 01:30 PM. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 6/6/2022.(P,K)
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Att: 1 Standard
13 13 oth_evt Magistrate Consent Package Issued by Courtroom Deputy Mon 06/06 10:48 AM
Magistrate Consent Package issued by Courtroom Deputy. (P,K)
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Thursday, June 02, 2022
12 12 oth_ans Answer Thu 06/02 4:19 PM
Answer to Defendant's Counterclaims filed by Shamrock Companies, Inc.. Related document(s)9 . (Cianchetta, Daniel)
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Monday, May 23, 2022
10 10 motion Extension (other) Mon 05/23 3:58 PM
Unopposed Motion for extension of time until 6/2/2022 to Answer, Move, or Otherwise Plead in Response to Defendants Counterclaims filed by Plaintiff Shamrock Companies, Inc., Counter-Defendant Shamrock Companies, Inc.. Related document(s)9 . (Cianchetta, Daniel)
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order Order on Motion for extension of time (other) Mon 05/23 4:41 PM
Order [non-document] granting10 Plaintiff's Unopposed Motion for Extension of Time until 6/2/2022 to Answer, Move, or Otherwise Plead in Response to Defendant's Counterclaims. Judge Pamela A. Barker on 5/23/2022.(P,K)
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Thursday, May 05, 2022
9 9 answer Answer to Complaint Counterclaim Thu 05/05 2:13 PM
Defendant's Answer to1 Complaint, with Jury Demand , Counterclaim against All Plaintiffs filed by Matthew T. Theis. (George, Frank)
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Monday, April 11, 2022
8 8 motion Extension (answer complaint) Mon 04/11 11:49 AM
Unopposed Motion for extension of time until May 6, 2022 to answer Move or Otherwise Plead Response to Plaintiff's Verified Complaint filed by Plaintiff Shamrock Companies, Inc.. (Kelly, Brian)
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order Order on Motion for extension of time to answer Mon 04/11 12:22 PM
Order [non-document] granting8 Defendant's Motion for twenty-one (21) day extension of time, up to and including May 6, 2022, within which to answer, move, or otherwise plead in response to Plaintiff's Verified Complaint. Judge Pamela A. Barker on 4/11/2022.(P,K)
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Monday, March 07, 2022
7 7 service Waiver of Service Executed Mon 03/07 2:34 PM
Waiver of Service Returned Executed by Shamrock Companies, Inc.. Matthew T. Theis waiver sent on 2/14/2022, answer due 4/15/2022 filed on behalf of Shamrock Companies, Inc. (Cianchetta, Daniel)
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Monday, February 21, 2022
6 6 oth_doc SEALED DOCUMENT Mon 02/21 4:02 PM
SEALED Document: Notice of Filing Exhibit Under Seal filed by Shamrock Companies, Inc.. Related document(s)5 ,1 .(Cianchetta, Daniel)
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Att: 1 Exhibit B sales policy manual
Monday, February 14, 2022
5 5 1 pgs order Order on Motion to seal Mon 02/14 4:51 PM
Order granting2 Plaintiff's Motion for Leave to File Under Seal Exhibit B to Verified Complaint for Injunctive and Monetary Relief. Once Defendant has been served and entered an appearance, the Court will revisit the issue of whether Exhibit B should remain under seal. Judge Pamela A. Barker on 2/14/2022.(P,K)
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4 4 oth_evt Magistrate Consent Form Issued by Intake Mon 02/14 8:26 AM
Magistrate Consent Form issued. No summons provided or issued. (V,AR)
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utility Add and Terminate Judge Mon 02/14 8:24 AM
Judge Pamela A. Barker assigned to case. (V,AR)
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oth_evt Random Assignment of Magistrate Judge Mon 02/14 8:24 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (V,AR)
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Friday, February 11, 2022
3 3 notice Corporate Disclosure Statement (atty event) Fri 02/11 7:14 PM
Corporate Disclosure Statement filed by The Shamrock Companies, Inc.. (Cianchetta, Daniel)
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2 2 motion Seal Fri 02/11 7:12 PM
Motion to seal Exhibit B to Verified Complaint filed by Plaintiff The Shamrock Companies, Inc..(Cianchetta, Daniel)
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Att: 1 Proposed Order
1 1 18 pgs cmp Complaint Fri 02/11 7:00 PM
Complaint with jury demand against Matthew T. Theis. Filing fee paid $ 402, Receipt number AOHNDC-11267663.. Filed by The Shamrock Companies, Inc.. (Cianchetta, Daniel)
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Att: 1 Exhibit A- Matthew Theis Separation Agreement,
Att: 2 Exhibit B- Under Seal Cover Sheet,
Att: 3 Exhibit C- Reminder Letter to Theis,
Att: 4 Exhibit D- Letter to Lancilotti,
Att: 5 Exhibit E- Letter to Lancilotti,
Att: 6 3 pgs Civil Cover Sheet