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Clayman Rosenberg
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Order | Filed: April 25, 2024 | Entered: April 25, 2024 IME WatchDog, Inc. v. Gelardi et al
Defend Trade Secrets Act (of 2016) | New York Eastern
Order(Other)
ORDER: The Court has reviewed Plaintiff's 317 affidavit in support of its contempt motion and Defendants' 318 opposition. As an initial matter, the Court is perplexed by Plaintiff's submission of evidence that it has already submitted in support of its previous contempt motions, including its allegations concerning Defendants' servicing of Subin Associates in March and April of 2023. (See Dkts. 220-3, 317.) The Court warns Plaintiff that it should not attempt to portray evidence that it submitted to the Court before -- here, nearly a year ago -- as new or recently discovered.
The Court denies Defendants' request to strike Plaintiff's 317 affidavit. (See Dkt. 318 at 2.) Contrary to Defendants' assertions, they will not be "sandbagged" by the additional allegations in Plaintiff's affidavit. (Id.) As noted, the majority of Plaintiff's allegations have been submitted to this Court previously. Additionally, Defendants will have had over a month before the 5/29/2024 hearing to prepare a response. However, to the extent that Plaintiff seeks to base its contempt motion on any additional alleged misconduct, it shall do so by filling an affidavit that complies with Local Civil Rule 83.6 by 5/1/2024. The Court will not consider any additional allegations made beyond that date. Defendants have until 5/10/2024 to submit a five-page written response.
Finally, the parties' piecemeal approach to litigating these issues must stop. Going forward, to the extent that the parties seek to file motion papers, they should do so in a manner that complies with the Federal Rules of Civil Procedure, E.D.N.Y.'s Local Rules, and this Court's Individual Rules at the outset. For example, a TRO request should not be made in a letter that does not comply with Federal Rule of Civil Procedure 65 and a contempt motion should not be made in a letter that does not comply with Local Civil Rule 83.6. Likewise, to the extent that either party is permitted to file a response, that party shall file a single response. If a party seeks to file a sur-reply, they must request leave to do so from the Court. The parties are warned that the Court will not consider filings that are non-compliant, unsanctioned, and/or redundant going forward. Ordered by Judge Pamela K. Chen on 4/25/2024. (HMM)
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Order | Filed: April 25, 2024 | Entered: April 25, 2024 Core-Mark Midcontinent, Inc. v. Tri-State Candy Wholesale, Inc. et al
Contract: Other | New York Eastern
Order Dismissing Case
STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties and/or their respective counsel as follows: The parties hereby agree that the above-captioned action is dismissed and discontinued with prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Ordered by Judge Carol Bagley Amon on 4/25/2024. (see order for details) (EF)
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Minutes | Filed: April 03, 2024 | Entered: April 25, 2024 Shiber v. Centerview Partners LLC
Civil Rights: Jobs | New York Southern
Pre-Motion Conference ~Util - Set Deadlines
Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 4/3/2024. Plaintiff's and Defendant's counsel present. Plaintiff is granted leave to file an amended complaint with the following briefing schedule: moving papers due April 24, 2024; opposition due May 15, 2024; and reply due May 22, 2024. (jar)
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