Perficient, Inc. v. Priore

Filing 26

MEMORANDUM AND PRE-HEARING ORDER - (SEE ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that the motion for temporary restraining order 6 is granted consistent with the Temporary Restraining Order entered February 29, 2016 22 . IT IS FURTHER O RDERED that this matter is set for a preliminary injunction hearing on March 14, 2016 at 9:30 a.m. in Courtroom 14-South. IT IS FURTHER ORDERED that the motion to continue hearing 17 and the motion to dismiss [14-1] are denied. IT IS FURTHER ORDE RED that plaintiff shall file its opposition to the motion to transfer venue [14-2] by 5:00 p.m. on March 3, 2016. Defendant may file any reply brief in support of his motion to transfer by 5:00 p.m. on March 4, 2016. IT IS FURTHER ORDERED that the motion to file under seal 4 and the consent motion to file under seal 15 are granted.( Motion (Preliminary Injunction Hearing set for 3/14/2016 09:30 AM in Courtroom 14S before District Judge Catherine D. Perry.) Signed by District Judge Catherine D. Perry on March 1, 2016. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PERFICIENT, INC.,
Plaintiff,
vs.
NICHOLAS PRIORE,
Defendant.

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Case No. 4:16 CV 249 CDP

MEMORANDUM AND PRE-HEARING ORDER
For the reasons stated on the record during the temporary restraining order hearing
held on February 29, 2016,
IT IS HEREBY ORDERED that the motion for temporary restraining order [6]
is granted consistent with the Temporary Restraining Order entered February 29, 2016
[22].
IT IS FURTHER ORDERED that this matter is set for a preliminary injunction
hearing on March 14, 2016 at 9:30 a.m. in Courtroom 14-South.
IT IS FURTHER ORDERED that the motion to continue hearing [17] and the
motion to dismiss [14-1] are denied.
IT IS FURTHER ORDERED that plaintiff shall file its opposition to the motion
to transfer venue [14-2] by 5:00 p.m. on March 3, 2016. Defendant may file any reply
brief in support of his motion to transfer by 5:00 p.m. on March 4, 2016.
IT IS FURTHER ORDERED that the motion to file under seal [4] and the
consent motion to file under seal [15] are granted.

IT IS FURTHER ORDERED that the motion to expedite discovery [7] is denied
as moot, as the following schedule shall apply to the preliminary injunction hearing and
will be modified only upon a showing of exceptional circumstances:
1. Plaintiff shall propound any written discovery to defendant by 5:00 p.m. on
February 29, 2016, and defendant shall file his responses to written discovery by 5:00
p.m. on March 7, 2016. Plaintiff shall provide its responses to any written discovery
propounded by defendant within seven calendar days of service and by 5:00 p.m. on that
date.
2. Any depositions shall be conducted on March 9-10, 2016.
3. Defendant shall file any supplemental opposition to the request for preliminary
injunction by 5:00 p.m. on March 9, 2016.
4. Estimated Length of Hearing: No later than 5:00 p.m. on March 10, 2016 the
parties must file a JOINT statement of the estimated length of time for the hearing.
5. Plaintiff shall file its proposed findings of fact and conclusions of law in
support of a preliminary injunction, together with a trial brief citing authorities in support
of its legal theories, a bond proposal as required by Federal Rule of Civil Procedure
65(c), and a proposed form of preliminary injunction (with a word processing version of
this document emailed to my judicial assistant) by 5:00 p.m. on March 11, 2016.
6. No later than 5:00 p.m. on March 11, 2016, each side shall file a list of all
witnesses that party expects to call at the hearing and a list of all exhibits that party
expects to introduce into evidence (pre-marked, Plaintiff to use Arabic numerals and
defendants to use letters, e.g., Pltf-1, Deft-A).

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 1st day of March, 2016.

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