This case was last updated from U.S. District Courts on 12/17/2021 at 08:20:56 (UTC).

Equipmentshare.com, Inc. v. Ahern Rentals Inc. et al

Case Summary

On October 18, 2021, Equipmentshare.com Inc (“Plaintiff” or “EquipmentShare”), represented by Mitchell J. Langberg of Brownstein Hyatt Farber Schreck, LLP, filed a personal property fraud lawsuit against Ahern Rentals, Inc., (“Ahern”), Don Ahern (“Mr. Ahern”) and Does 1 through 100, inclusive, (collectively, “Defendants”). Plaintiff seeks injunctive and compensatory relief, attorneys’ fees and costs for the Defendants’ alleged threats, intimidation, subterfuge, and other improper conduct intended to harm EquipmentShare, one of Ahern’s direct competitors in the construction equipment rental business. This case was filed in U.S. District Court in the District of Nevada with Judge Cam Ferenbach and Judge Jennifer A. Dorsey presiding

 

In the complaint, the Plaintiff alleged that, “Defendants conspired with Mike Klingenmeier, Dewey Rodriguez, Bob McGee, and Scott Lucas (collectively the “Ahern Employees”) to commit fraud and unlawfully compete against EquipmentShare. On information and belief, at the direction of Ahern and Don Ahern, the Ahern Employees—clearly acting outside the scope of any legitimate employment relationship with Defendant Ahern—made false representations and/or failed to disclose their true motivations to EquipmentShare by feigning interest in employment opportunities to induce EquipmentShare to engage in actions that could serve as the basis for additional lawsuits by Ahern against EquipmentShare or, in the alternative, the basis for harassing litigation threats by Ahern’s outside counsel designed to force EquipmentShare to incur legal fees and costs and to prevent it from lawfully soliciting or considering applicants previously employed by Ahern for positions at EquipmentShare.”

 

The Plaintiff further alleged that, “At the time of the Ahern Employees’ misrepresentations and/or failures to disclose material information, Plaintiff was not aware of their falsity and believed the statements to be true.” “The above-identified misrepresentations were false when made, were material to Plaintiff, and Defendants caused the Ahern Employees to make them with knowledge of their materiality and falsity and to induce Plaintiff to engage in employment discussions with the Ahern Employees. If Plaintiff knew the falsity of the Ahern Employees’ representations or were aware of the information the Ahern Employees failed to disclose, Plaintiff would not have communicated with the Ahern Employees in any way regarding their feigned job interest.”

 

The Plaintiff also alleged that, “Defendants have disparaged the services and business reputation of EquipmentShare by false or misleading representations of fact.” “Defendants have used threatening, intimidating, profane and obscene language in the course of interacting with Deron Growe during his employment with a company that was a prospective and/or existing customer of Ahern. Defendants have further threatened Mr. Growe’s life following commencement of his employment at EquipmentShare.”

 

The Plaintiff lists out three claims for relief. The first claim alleged is for Intentional Interference with Contractual Relations. The second claim alleged is for violation of Nevada Deceptive Trade Practices Act and the third claim alleged is for Civil Conspiracy. The Plaintiff also alleged that EquipmentShare had existing agreements with Helix Electric and XL for the rental of construction equipment and that, on information and belief, Defendants threatened Helix Electric and XL with the intent that these entities terminate their agreements with EquipmentShare and cease any further equipment rentals.

 

In their prayer for relief, the Plaintiff requested the Court for an award of compensatory, exemplary, and punitive damages and statutory double and treble damages as applicable, along with preliminary and permanent injunctive relief. Furthermore, Plaintiff requested that the Court award attorneys’ fees and costs with pre-judgment and post-judgment interest as well as such other and further relief as the Court deems just and equitable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01916

  • Filing Date:

    10/18/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Personal Property

Judge Details

Presiding Judge

Jennifer A. Dorsey

Referral Judge

Cam Ferenbach

 

Party Details

Plaintiff

Equipmentshare.com, Inc.

Defendants

Ahern Rentals Inc.

Don F. Ahern

Attorney/Law Firm Details

Plaintiff Attorneys

Emily Anne Ellis

Attorney at Brownstein Hyatt Farber Shreck

100 North City Pkwy., Ste. 1600

Las Vegas, NV 89106

Mitchell J. Langberg

Attorney at Brownstein Hyatt Farber Schreck, LLP

100 City Parkway, Suite 1200

Las Vegas, NV 89106

Defendant Attorneys

Joseph A. Gutierrez

Attorney at Maier Gutierrez & Associates

8816 Spanish Ridge Avenue

Las Vegas, NV 89148

Jean Paul Hendricks

Attorney at Maier Gutierrez & Associates

8816 Spanish Ridge Avenue

Las Vegas, NV 89148

 

Court Documents

#1

1 #1

Civil Cover Sheet

1 #2

Summons (Ahern Rentals, Inc.)

1 #3

Summons (Don F. Ahern)

#2

(#2) Summons Issued as to Don F. Ahern, Ahern Rentals Inc.. (JQC) (Entered: 10/19/2021)

#3

(#3) SUMMONS Returned Executed by Equipmentshare.com, Inc.. Ahern Rentals Inc. served on 11/15/2021. (Ellis, Emily) (Entered: 11/22/2021)

#4

(#4) SUMMONS Returned Executed by Equipmentshare.com, Inc.. Don F. Ahern served on 11/24/2021. (Ellis, Emily) (Entered: 11/24/2021)

#5

(#5) View Corrected Image #7 as to STIPULATION FOR EXTENSION OF TIME (First Request) TO ANSWER #1 Complaint, by Defendants Don F. Ahern, Ahern Rentals Inc. (Hendricks, Jean Paul) Modified on 12/3/2021 to link document pursuant to LR IC 2-2(d) (SLD). Modified on 12/3/2021 (EDS). (Entered: 12/03/2021)

#7

(#7) NOTICE of Corrected Image/Document re #5 Stipulation by Defendants Don F. Ahern, Ahern Rentals Inc.. (Service of corrected image is attached.) (Hendricks, Jean Paul) (Entered: 12/03/2021)

#8

(#8) ORDER Granting #5 Stipulation for Extension of Time. Don F. Ahern answer due 12/20/2021; Ahern Rentals Inc. answer due 12/20/2021. Signed by Magistrate Judge Cam Ferenbach on 12/3/2021. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 12/03/2021)

 

Docket Entries

  • 12/03/2021
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  • Docket(#8) ORDER Granting #5 Stipulation for Extension of Time. Don F. Ahern answer due 12/20/2021; Ahern Rentals Inc. answer due 12/20/2021. Signed by Magistrate Judge Cam Ferenbach on 12/3/2021. (Copies have been distributed pursuant to the NEF - JQC) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#7) NOTICE of Corrected Image/Document re #5 Stipulation by Defendants Don F. Ahern, Ahern Rentals Inc.. (Service of corrected image is attached.) (Hendricks, Jean Paul) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#6) CLERK'S NOTICE. Attorney Action Required to ECF No. #5 . ERROR: Document has wrong case number listed. Correct case number is 2:21-cv-01916-JAD-VCF.Attorney Jean Paul Hendricks is advised to file the corrected image using the event Notice of Corrected Image/Document and link to #5 . (no image attached) (SLD) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#5) View Corrected Image #7 as to STIPULATION FOR EXTENSION OF TIME (First Request) TO ANSWER #1 Complaint, by Defendants Don F. Ahern, Ahern Rentals Inc. (Hendricks, Jean Paul) Modified on 12/3/2021 to link document pursuant to LR IC 2-2(d) (SLD). Modified on 12/3/2021 (EDS). (Entered: 12/03/2021)

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  • 11/24/2021
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  • Docket(#4) SUMMONS Returned Executed by Equipmentshare.com, Inc.. Don F. Ahern served on 11/24/2021. (Ellis, Emily) (Entered: 11/24/2021)

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  • 11/22/2021
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  • Docket(#3) SUMMONS Returned Executed by Equipmentshare.com, Inc.. Ahern Rentals Inc. served on 11/15/2021. (Ellis, Emily) (Entered: 11/22/2021)

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  • 10/19/2021
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  • Docket(#2) Summons Issued as to Don F. Ahern, Ahern Rentals Inc.. (JQC) (Entered: 10/19/2021)

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  • 10/19/2021
  • DocketCase randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (JQC) (Entered: 10/19/2021)

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  • 10/18/2021
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  • Docket(#1) COMPLAINT against Don F. Ahern, Ahern Rentals Inc. (Filing fee $402 receipt number 0978-6668949) by Equipmentshare.com, Inc.. Proof of service due by 1/16/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons (Ahern Rentals, Inc.), #3 Summons (Don F. Ahern)) (Langberg, Mitchell) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 10/18/2021)

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