TWC Concrete, LLC v. DeCarlo et al
| Ohio Southern District Court | |
| Judge: | Matthew W Mcfarland |
| Case #: | 1:23-cv-00345 |
| 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: | Jun 06, 2023 |
| Terminated: | Sep 06, 2023 |
| Last checked: Sunday Dec 03, 2023 6:40 AM EST |
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Counter Claimant
Anthony DeCarlo, Jr.
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Represented By
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Counter Claimant
Dominion Concrete Services, LLC
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Represented By
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Counter Defendant
TWC Concrete, LLC
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Represented By
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Defendant
Anthony DeCarlo, Jr.
9177 Camargo Road
Cincinnati, OH 45243 |
Represented By
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Defendant
Dominion Concrete Services, LLC
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Represented By
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Plaintiff
TWC Concrete, LLC
10737 Medallion Drive
Cincinnati, OH 45241 |
Represented By
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GPO
Jun 20 2023
llips under seal. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/20/2023. (kaf)ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL (Doc. 14): The case is before the Court on Plaintiff's Motion for Leave to File Under Seal (Doc. 14), where Plaintiff seeks leave to file multiple exhibits to the Declaration of Ellen H. Phillip under seal. The motion is unopposed. Considering the nature of the information contained within the exhibits, Plaintiffhas demonstrated that (1) compelling interests exist to seal the exhibits, (2) such interests outweigh the public's interest in accessing the exhibits, and (3) Plaintiff's request is narrowly tailored. Therefore, Plaintiff's Motion (Doc. 14) is GRANTED. Plaintiff SHALL FILE Exhibits 1, 2, 3,4 and 5 to the Declaration of Ellen H. Phi |
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GPO
Jun 30 2023
ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND ISSUING A TEMPORARY RESTRAINING ORDER - The Court GRANTS Plaintiff's Motion for a Temporary Restraining Order (Doc. 2) and ORDERS the following: 1. DeCarlo, individually and/ or through Dominion, is ENJOINED from violating the Noncompetition, Nonsolicitation, and Confidentiality Provisions of his Employment Agreement. 2. Defendants are ENJOINED from misappropriating TWC-Baker's trade secrets. 3. Defendants MUST PRESERVE all documents and information potentially relevant here. 4. The Court will schedule a preliminary injunction hearing by separate entry.IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/30/2023. (kaf) |
| Docket last updated: 1 hours ago |
| Wednesday, September 06, 2023 | ||
| 31 | 31
misc
Stipulation of Dismissal
Wed 09/06 9:25 AM
STIPULATION of Dismissal by Counter Defendant TWC Concrete, LLC, Plaintiff TWC Concrete, LLC. (Weigel, William) |
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utility
Terminate Civil Case
Wed 09/06 12:14 PM
***Civil Case Terminated re31 . (bjc) |
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| Friday, August 11, 2023 | ||
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order
Order on Motion for Miscellaneous Relief Order on Motion for Extension of Time to Answer
Fri 08/11 10:06 AM
NOTATION ORDER: This matter is before the Court on the parties' Joint Motion Reschedule Preliminary Injunction Hearing, to Extend TRO and Counterclaim Answer Deadline, and for a Status Conference (Doc.30 ). Trial courts have the inherent authority to control their own dockets. Anthony v. BTR Auto. Sealing Sys., Inc., 339 F.3d 506, 516 (6th Cir. 2003). In exercising such inherent authority, the joint motion is GRANTED IN PART. The Court ORDERS the following: (1) TWC's deadline to answer or otherwise respond to Defendants' counterclaim is EXTENDED to September 11, 2023; (2) the Temporary Restraining Order previously issued by the Court shall remain in full force and effect until September 11, 2023; and (3) this matter is SET for an in-person status conference on September 11, 2023 at 3:00 PM. The parties and counsel must be present at the in-person status conference. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 08/11/2023. (kaf) |
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| Thursday, August 10, 2023 | ||
| 30 | 30
motion
Miscellaneous Relief
Thu 08/10 2:10 PM
Joint MOTION to Reschedule Preliminary Injunction Hearing, to Extend TRO and Counterclaim Answer Deadline, and for a Status Conference by Counter Defendant TWC Concrete, LLC, Plaintiff TWC Concrete, LLC. (Weigel, William) |
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| Monday, July 17, 2023 | ||
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1
pgs
order
Order ~Util - Terminate Motions ~Util - Set Deadlines
Mon 07/17 2:33 PM
ORDER GRANTING JOINT MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AND TIME TO ANSWER OR OTHERWISE RESPOND TO COUNTERCLAIM (Doc.28 ): For the reasons cited in the parties'28 Joint Motion for Extension of Temporary Restraining Order and Extension of Time to Answer or Otherwise Respond to Counterclaim, and for good cause shown, the motion is hereby GRANTED. IT IS HEREBY ORDERED that the preliminary injunction hearing scheduled to begin July 26, 2023 is adjourned until August 11, 2023 or a date thereafter to be scheduled by the Court. It is further ORDERED that the Temporary Restraining Order issued by the Court will remain in full force and effect until August 11, 2023 or until such date thereafter that the preliminary injunction hearing is rescheduled. It is further ORDERED that the Plaintiff shall have until August 11, 2023 to answer or otherwise respond to the Counterclaim of Defendants. SO ORDERED. Signed by Judge Matthew W. McFarland on 07/17/2023. (kaf) |
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| 28 | 28
motion
Miscellaneous Relief
Mon 07/17 12:33 PM
Joint MOTION Extend Temporary Restraining Order and Time to Answer or Otherwise Respond to the Counterclaim re27 Order on Motion for Miscellaneous Relief, by Counter Defendant TWC Concrete, LLC, Plaintiff TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Text of Proposed Order
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| Tuesday, July 11, 2023 | ||
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1
pgs
order
Order on Motion for Miscellaneous Relief
Tue 07/11 11:50 AM
ORDER GRANTING26 PLAINTIFF'S UNOPPOSED MOTION TO EXTEND21 TEMPORARY RESTRAINING ORDER: For the reasons cited in Plaintiff's Unopposed Motion to Extend Temporary Restraining Order, and for good cause shown, the motion is hereby GRANTED. IT IS HEREBY ORDERED that the Temporary Restraining Order ("TRO") issued by the Court on June 30, 2023 is hereby extended to July 28, 2023. SO ORDERED. Signed by Judge Matthew W. McFarland on 07/11/2023. (kaf) |
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| 26 | 26
motion
Miscellaneous Relief
Tue 07/11 11:21 AM
Unopposed MOTION to Extend Temporary Restraining Order re25 Order,,, by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Text of Proposed Order
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order
Order
Tue 07/11 10:26 AM
ORDER DENYING MOTION TO REQUIRE BOND (Doc.23 ): This matter is before the Court on Defendants' Motion to Require Bond (Doc.23 ). As Defendants correctly point out, while Rule 65(c) seemingly sets forth a security requirement, this Court has held that "[t]he amount of security required and whether a bond is needed is up to the discretion of the district court." Amicus Miami of Ohio, LLC v. Kacachos, No. 1:22-cv-355, 2022 WL 4473465, at *2 (S.D. Ohio Sept. 26, 2022). The Court, in exercising its discretion, finds that Plaintiff need not post a bond at this juncture. The Court will consider whether a bond is needed at the preliminary injunction stage. Thus, Defendants' motion is DENIED. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/11/2023. (kaf) |
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| Monday, July 10, 2023 | ||
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notice
Notice of Hearing
Mon 07/10 12:46 PM
NOTICE OF HEARING: Preliminary Injunction Hearing set for 07/26/2023 and 07/27/2023 at 9:30AM in Courtroom 4 - Cincinnati before Judge Matthew W. McFarland. (kaf) |
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| Thursday, July 06, 2023 | ||
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13
pgs
order
Order
Thu 07/06 2:11 PM
NUNC PRO TUNC ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND ISSUING A TEMPORARY RESTRAINING ORDER . Signed by Judge Matthew W. McFarland on 07/06/2023. (kaf) |
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utility
Set/Reset Deadlines
Thu 07/06 12:07 PM
Reset Deadlines: TWC Concrete, LLC answer to counterclaim due 7/26/2023. (eh) |
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| Wednesday, July 05, 2023 | ||
| 23 | 23
motion
Miscellaneous Relief
Wed 07/05 5:51 PM
MOTION to Require Bond to Support Temporary Restraining Order filed by Defendants Anthony DeCarlo, Jr, Dominion Concrete Services, LLC. (Flottman, Augustus) |
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| 22 | 22
misc
Stipulation
Wed 07/05 1:26 PM
STIPULATION Extension of Time to Answer or Otherwise Respond to Counterclaim by Counter Defendant TWC Concrete, LLC, Plaintiff TWC Concrete, LLC. (DeBeer, Jeffrey) |
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order
Order on Motion for Leave to File
Wed 07/05 1:54 PM
NOTATION ORDER: This matter is before the Court on Defendants' Motion for Leave to File Sur-Reply (Doc.19 ). The motion is DENIED as moot. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/05/2023. (kaf) |
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| Friday, June 30, 2023 | ||
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13
pgs
order
Order on Motion for Preliminary Injunction Order on Motion for Discovery Order on Motion for TRO
Fri 06/30 1:42 PM
ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER AND ISSUING A TEMPORARY RESTRAINING ORDER - The Court GRANTS Plaintiff's Motion for a Temporary Restraining Order (Doc.2 ) and ORDERS the following: 1. DeCarlo, individually and/ or through Dominion, is ENJOINED from violating the Noncompetition, Nonsolicitation, and Confidentiality Provisions of his Employment Agreement. 2. Defendants are ENJOINED from misappropriating TWC-Baker's trade secrets. 3. Defendants MUST PRESERVE all documents and information potentially relevant here. 4. The Court will schedule a preliminary injunction hearing by separate entry. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/30/2023. (kaf) |
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| Thursday, June 22, 2023 | ||
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respm
Response in Opposition to Motion
Thu 06/22 3:26 PM
RESPONSE in Opposition re19 MOTION for Leave to File SurReply in Further Opposition to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Text of Proposed Order
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| 19 | 19
motion
Leave to File Document
Thu 06/22 10:43 AM
MOTION for Leave to File SurReply in Further Opposition to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction by Defendants Anthony DeCarlo, Jr, Dominion Concrete Services, LLC. (Roberts, Michael) |
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Att: 1
Exhibit A - Proposed order,
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Att: 2
Exhibit B - SurReply in Further Opposition to Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction
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| Wednesday, June 21, 2023 | ||
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17
pgs
order
Order
Wed 06/21 11:54 AM
STIPULATED PROTECTIVE ORDER. Signed by Judge Matthew W. McFarland on 06/20/2023. (kaf) Modified Docket Text so that the signature date matches the document on 6/21/2023 (bjc) |
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| Tuesday, June 20, 2023 | ||
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respm
Reply to Response to Motion
Tue 06/20 3:29 PM
REPLY to Response to Motion re2 MOTION for Temporary Restraining Order Preliminary Injunction, and Expedited Discovery MOTION for Preliminary Injunction MOTION for Discovery filed by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Affidavit of E. Phillips,
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Att: 2
Exhibit Ex. 1 REDACTED to Declaration of E. Phillips,
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Att: 3
Exhibit Ex. 2 to REDACTED Declaration of E. Phillips,
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Att: 4
Exhibit Ex. 3 to REDACTED Declaration of E. Phillips,
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Att: 5
Exhibit Ex. 4 to REDACTED Declaration of E. Phillips,
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Att: 6
Exhibit Ex. 5 to REDACTED Declaration of E. Phillips,
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Att: 7
Exhibit Ex. 6 to Declaration of E. Phillips,
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Att: 8
Exhibit Ex. 7 to Declaration of E. Phillips,
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Att: 9
Exhibit Ex. 8 to Declaration of E. Phillips,
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Att: 10
Affidavit of R. Farr,
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Att: 11
Exhibit Exhibit 1 to Declaration of R. Farr
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2
pgs
order
Order on Motion to File Document Under Seal
Tue 06/20 11:32 AM
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL (Doc.14 ): The case is before the Court on Plaintiff's Motion for Leave to File Under Seal (Doc.14 ), where Plaintiff seeks leave to file multiple exhibits to the Declaration of Ellen H. Phillip under seal. The motion is unopposed. Considering the nature of the information contained within the exhibits, Plaintiffhas demonstrated that (1) compelling interests exist to seal the exhibits, (2) such interests outweigh the public's interest in accessing the exhibits, and (3) Plaintiff's request is narrowly tailored. Therefore, Plaintiff's Motion (Doc.14 ) is GRANTED. Plaintiff SHALL FILE Exhibits 1, 2, 3,4 and 5 to the Declaration of Ellen H. Phillips under seal. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/20/2023. (kaf) |
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| Friday, June 16, 2023 | ||
| 14 | 14
motion
File Document Under Seal
Fri 06/16 2:39 PM
MOTION to File Document Under Seal by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Text of Proposed Order
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| Thursday, June 15, 2023 | ||
| 13 | 13
misc
Corporate Disclosure Statement
Thu 06/15 3:40 PM
Corporate Disclosure Statement by Counter Claimant Dominion Concrete Services, LLC. (Roberts, Michael) |
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| Wednesday, June 14, 2023 | ||
| 12 | 12
respm
Response in Opposition to Motion
Wed 06/14 6:43 PM
RESPONSE in Opposition re2 MOTION for Temporary Restraining Order Preliminary Injunction, and Expedited Discovery MOTION for Preliminary Injunction MOTION for Discovery filed by Defendants Anthony DeCarlo, Jr, Dominion Concrete Services, LLC. (Roberts, Michael) |
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Att: 1
Exhibit Declaration of Anthony DeCarlo, Jr.
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| 11 | 11
answer
Answer to Complaint Counterclaim
Wed 06/14 12:46 PM
ANSWER to1 Complaint, with Jury Demand , COUNTERCLAIM against TWC Concrete, LLC filed by Dominion Concrete Services, LLC, Anthony DeCarlo, Jr. (Roberts, Michael) |
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| Tuesday, June 13, 2023 | ||
| 10 | 10
misc
Stipulation
Tue 06/13 5:00 PM
STIPULATION Stipulated Protective Order by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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| 9 | 9
service
Summons Returned Executed
Tue 06/13 4:25 PM
SUMMONS Returned Executed as to Defendant Dominion Concrete Services, LLC served on 6/9/2023, answer due 6/30/2023. (eh) |
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| 8 | 8
notice
Notice of Appearance
Tue 06/13 11:22 AM
NOTICE of Appearance by Augustus B. Flottman for Defendant Anthony DeCarlo, Jr (Flottman, Augustus) |
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| Monday, June 12, 2023 | ||
| 7 | 7
misc
Corporate Disclosure Statement
Mon 06/12 4:20 PM
Corporate Disclosure Statement by Plaintiff TWC Concrete, LLC. (Weigel, William) |
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| 6 | 6
notice
Notice of Appearance
Mon 06/12 3:31 PM
NOTICE of Appearance by Kellie Kulka for Defendants Anthony DeCarlo, Jr, Dominion Concrete Services, LLC (Kulka, Kellie) |
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| Wednesday, June 07, 2023 | ||
| 5 | 5
notice
Notice of Appearance
Wed 06/07 10:44 AM
NOTICE of Appearance by Michael A Roberts for Defendants Anthony DeCarlo, Jr, Dominion Concrete Services, LLC (Roberts, Michael) |
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| 4 | 4
service
Certificate of Service
Wed 06/07 9:44 AM
Certificate of Mailing: Certified mailing of Summons and Complaint through the Clerk's Office pursuant to Local Rule 4.2. re1 Complaint,2 MOTION for Temporary Restraining Order Preliminary Injunction, and Expedited Discovery MOTION for Preliminary Injunction MOTION for Discovery mailed to Anthony DeCarlo Jr. and Dominion Concrete Svcs, LLC. (md) (md) |
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minutes
Telephone Conference ~Util - Set Motion and R&R Deadlines/Hearings
Wed 06/07 11:04 AM
Minute Entry for proceedings held before Judge Matthew W. McFarland - Telephone Conference held on 06/07/2023. Attorneys William Breck Weigel and Ellen Phillips, counsel for Plaintiff, and Attorneys Mike Roberts and Scott Jones, counsel for Defendants, were present via phone. The Court discussed the status of the case with counsel and then set the following deadlines with respect to the2 Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery: Defendants' Response due by 06/14/2023; Plaintiff's Reply due by 06/20/2023. (Court Reporter: Lisa Conley-Yungblut) (kaf) |
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| Tuesday, June 06, 2023 | ||
| 3 | 3
service
Summons Issued
Tue 06/06 2:57 PM
Summons Issued as to Anthony DeCarlo, Jr, Dominion Concrete Services, LLC. (kh) |
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| 2 | 2
motion
Temporary Restraining Order Preliminary Injunction Discovery
Tue 06/06 12:11 PM
MOTION for Temporary Restraining Order Preliminary Injunction, and Expedited Discovery by Plaintiff TWC Concrete, LLC. (Weigel, William). Added MOTION for Preliminary Injunction, MOTION for Expedited Discovery on 6/6/2023 (kh) |
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Att: 1
Memo in Support
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37
pgs
cmp
Complaint
Tue 06/06 12:07 PM
COMPLAINT against Anthony DeCarlo, Jr, Dominion Concrete Services, LLC, f/k/a DeCarlo Concrete and Consulting ( Filing fee $ 402 paid - receipt number: BOHSDC-9454357), filed by TWC Concrete, LLC. (Weigel, William) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Civil Cover Sheet,
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Att: 6
Summons Form,
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Att: 7
Summons Form
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misc
Docket Annotation
Tue 06/06 2:56 PM
If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
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