New York Eastern District Court
Judge:Joanna Seybert
Referred: Arlene R Lindsay
Case #: 2:22-cv-02557
Nature of Suit880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA)
Cause18:1836(b) - Civil Action to Protect Trade Secrets
Case Filed:May 04, 2022
Terminated:Feb 27, 2023
Last checked: Monday Oct 31, 2022 5:43 AM EDT
Counter Claimant
Gerardo Cortes
Represented By
Michael A. Markowitz
Michael A. Markowitz PC
contact info
Counter Defendant
Piping Rock Health Products, LLC
Represented By
Jillian Lee McNeil
Jaspan Schlesinger, LLP
contact info
Steven R. Schlesinger
Jaspan Schlesinger, LLP
contact info
Sophia Ashley Perna
Jaspan Schlesinger LLP
contact info
Defendant
Gerardo Cortes
Represented By
Michael A. Markowitz
Michael A. Markowitz PC
contact info
Plaintiff
Piping Rock Health Products, LLC
Represented By
Jillian Lee McNeil
Jaspan Schlesinger, LLP
contact info
Steven R. Schlesinger
Jaspan Schlesinger, LLP
contact info
Sophia Ashley Perna
Jaspan Schlesinger LLP
contact info
TERMINATED PARTIES
Defendant
Jacuzzi, Inc.
Terminated: 06/06/2022
Represented By
Jeffery Brian White
Sullivan & Cromwell, LLP
contact info


Docket last updated: 65 minutes ago
Monday, February 27, 2023
33 33 7 pgs order Order Dismissing Case Mon 02/27 3:18 PM
ORDER DISMISSING CASE Re:32 Stipulation of Settlement and Dismissal with Prejudice; The Clerk of the Court is directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 2/27/2023. (CV)
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32 32 misc Stipulation Mon 02/27 1:28 PM
STIPULATION Of Settlement and Dismissal With Prejudice to be So Ordered by Piping Rock Health Products, LLC (Perna, Sophia)
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Tuesday, February 21, 2023
minutes Status Conference Settlement Conference Telephone Conference Tue 02/21 1:18 PM
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay. Conference held on 2/21/2023. The stay of discovery is continued. Counsel may submit a pre-motion conference request in accordance with District Judge Seyberts rules by March 10, 2023. c/ecf (RI)
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Wednesday, January 11, 2023
order Order on Motion to Adjourn Conference Wed 01/11 10:25 AM
ORDER re31 : Application granted. The discovery stay remains in place. The January 17, 2023 conference is adjourned to February 21, 2023 at 11:30 a.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 1/11/2023. c/ecf (RI)
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Tuesday, January 10, 2023
31 31 motion Adjourn Conference Tue 01/10 2:24 PM
Letter MOTION to Adjourn Conference Currently Scheduled for January 17, 2023 by Piping Rock Health Products, LLC. (Perna, Sophia)
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Wednesday, September 14, 2022
30 30 minutes Initial Conference Hearing Scheduling Conference Telephone Conference Settlement Conference Wed 09/14 4:34 PM
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay. Conference held on 9/14/2022. All discovery is stayed. A further status conference is scheduled for January 17, 2023 at 11:30 a.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. c/ecf (Imrie, Robert)
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Monday, September 12, 2022
order Scheduling Order Mon 09/12 8:14 AM
ORDER: Due to a change in the Court's calendar the time of the September 14, 2022 conference is adjourned to 2:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. If the change presents a conflict for the parties a new date and time will be set upon request. Ordered by Magistrate Judge Arlene R. Lindsay on 9/12/2022. c/ecf (Imrie, Robert)
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Thursday, September 08, 2022
order Scheduling Order Thu 09/08 1:13 PM
ORDER: Due to a change in the Court's calendar, the time of the September 14, 2022 conference is advanced to 11:30 a.m. Please note that the dial-in number has changed. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 9/8/2022. c/ecf (Imrie, Robert)
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Monday, August 22, 2022
order Scheduling Order Mon 08/22 1:17 PM
SCHEDULING ORDER: An Initial Conference is scheduled for September 14, 2022 at 11:45 a.m. by telephone before Magistrate Judge Arlene R. Lindsay. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 8/22/2022. c/ecf (Imrie, Robert)
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Friday, August 12, 2022
29 29 misc Report of Rule 26(f) Planning Meeting Fri 08/12 12:47 PM
REPORT of Rule 26(f) Planning Meeting (Perna, Sophia)
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Tuesday, July 12, 2022
28 28 order Scheduling Order Tue 07/12 10:39 AM
SCHEDULING ORDER: Rule 26 Meeting Report due by August 15, 2022. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2022. c/ecf (Imrie, Robert)
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Att: 1 Rule 26(f) form
Thursday, June 16, 2022
27 27 answer Answer to Counterclaim Thu 06/16 7:05 PM
ANSWER to19 Answer to Complaint, Counterclaim by Piping Rock Health Products, LLC. (McNeil, Jillian)
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Wednesday, June 15, 2022
26 26 order Stipulation and Order Wed 06/15 2:28 PM
STIPULATION AND ORDER Re:25 Stipulation by Piping Rock Health Products, LLC and Gerardo Cortes for Permanent Injunctive Relief; So Ordered by Judge Joanna Seybert on 6/15/2022. C/ECF (Valle, Christine)
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Tuesday, June 14, 2022
25 25 misc Stipulation Tue 06/14 11:41 AM
STIPULATION By and Between Plaintiff and Defendant Gerardo Cortes for Permanent Injunctive Relief and [Proposed] Order by Piping Rock Health Products, LLC (Perna, Sophia)
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Att: 1 Exhibit A- Transcript of Proceedings
Monday, June 13, 2022
order Order on Motion for Extension of Time to File Mon 06/13 11:39 AM
ELECTRONIC ORDER granting24 Motion for Extension of Time to File. On consent, the parties' joint request for an extension of time to file the stipulation for permanent injunctive relief is GRANTED nunc pro tunc . Accordingly, on or before June 16, 2022 , the parties shall file the stipulation. Ordered by Judge Joanna Seybert on 6/13/2022. (DiMarco, Nicholas)
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Friday, June 10, 2022
24 24 motion Extension of Time to File Document Fri 06/10 3:42 PM
Letter MOTION for Extension of Time to File Stipulation for Permanent Injunctive Relief by and Between Plaintiff and Defendant Gerardo Cortes, dated June 10, 2022 by Piping Rock Health Products, LLC. (Perna, Sophia)
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Monday, June 06, 2022
23 23 6 pgs order Order Dismissing Parties Permanent Injunction Mon 06/06 3:19 PM
STIPULATION & ORDER FOR PERMANENT INJUNCTION; The Clerk of the Court is respectfully directed to TERMINATE Defendant Jacuzzi, Inc. as a party in this case. So Ordered by Judge Joanna Seybert on 6/6/2022. C/ECF (Valle, Christine)
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Friday, June 03, 2022
22 22 misc Stipulation Fri 06/03 5:06 PM
STIPULATION By and Between Plaintiff and Defendant Jacuzzi, Inc. for Permanent Injunctive Relief and Proposed Order by Piping Rock Health Products, LLC (Perna, Sophia)
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21 21 minutes Show Cause Hearing Fri 06/03 10:57 AM
Minute Entry for proceedings held before Judge Joanna Seybert: Preliminary Injunction Hearing held on 6/3/2022. See entry for details. (Court Reporter Marie Foley.) (Russo, Eric)
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Thursday, June 02, 2022
20 20 misc Affidavit/Affirmation Thu 06/02 7:45 PM
AFFIDAVIT/AFFIRMATION (AFFIDAVIT) OF RAY MALMASSARI RE: SEARCH OF GERARDO CORTES' COMPUTER by Jacuzzi, Inc. (White, Jeffery)
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Thursday, May 26, 2022
19 19 answer Answer to Complaint Counterclaim Thu 05/26 10:14 AM
ANSWER to1 Complaint, , COUNTERCLAIM against Piping Rock Health Products, LLC by Gerardo Cortes. (Markowitz, Michael)
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Friday, May 20, 2022
18 18 minutes Show Cause Hearing ~Util - Set Deadlines/Hearings Fri 05/20 4:03 PM
Minute Entry for proceedings held before Judge Joanna Seybert: Preliminary Injunction Hearing held on 5/20/2022. Hearing to continue on 6/3/2022 at 9:00 AM in Courtroom 1030 before Judge Joanna Seybert. See entry for additional details. (Court Reporter Lisa Schmid.) (Russo, Eric)
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Thursday, May 19, 2022
17 17 notice Notice of Appearance Fri 05/20 3:54 PM
NOTICE of Appearance by Jeffrey Brian White on behalf of Jacuzzi, Inc. (aty to be noticed). (Russo, Eric)
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Thursday, May 12, 2022
16 16 misc Affidavit/Affirmation Thu 05/12 4:26 PM
AFFIDAVIT/AFFIRMATION Of Service Upon Jacuzzi, Inc. of Order to Show Cause and Supporting Documents by Piping Rock Health Products, LLC (Perna, Sophia)
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15 15 service Summons Returned Executed Thu 05/12 4:24 PM
SUMMONS Returned Executed by Piping Rock Health Products, LLC. Jacuzzi, Inc. served on 5/12/2022, answer due 6/2/2022. (Perna, Sophia)
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14 14 minutes Show Cause Hearing ~Util - Set Deadlines/Hearings Thu 05/12 3:37 PM
Minute Entry for proceedings held before Judge Joanna Seybert: Preliminary Injunction Hearing held on 5/12/2022. Hearing to continue on 5/20/2022 at 9:00 AM in Courtroom 1030 before Judge Joanna Seybert. See entry for additional details. (Court Reporter Mary Ann Steiger.) (Russo, Eric)
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13 13 misc Affidavit/Affirmation Thu 05/12 7:55 AM
AFFIDAVIT/AFFIRMATION Certificate of Service by Piping Rock Health Products, LLC (Perna, Sophia)
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Wednesday, May 11, 2022
12 12 misc Letter Wed 05/11 5:13 PM
Letter To Judge Seybert Identifying Witnesses Plaintiff Intends to Call During May 12, 2022 Hearing by Piping Rock Health Products, LLC (Perna, Sophia)
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11 11 notice Notice of Appearance Wed 05/11 5:03 PM
NOTICE of Appearance by Michael A. Markowitz on behalf of Gerardo Cortes (aty to be noticed) (Markowitz, Michael)
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10 10 misc Affidavit/Affirmation Wed 05/11 4:28 PM
AFFIDAVIT/AFFIRMATION Certificate of Service by Piping Rock Health Products, LLC (Perna, Sophia)
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9 9 motion Appear by Telephone Wed 05/11 10:21 AM
MOTION to Appear by Telephone for Witness by Piping Rock Health Products, LLC. (McNeil, Jillian)
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order Order on Motion to Appear by Telephone Wed 05/11 2:40 PM
ELECTRONIC ORDER granting9 Motion to Appear by Telephone. Plaintiff's witness, Nick Julia, is granted permission to testify at the preliminary injunction hearing via ZoomGov Meeting. The witness shall use the following URL and access information to join the meeting: https://nyed.zoomgov.com/j/1609034328?pwd=QTlHTWl0UDQ0dzZlS2JRaHVjellVQT09 ; Meeting ID: 160 903 4328 ; Passcode: 982739 . To the extent that Plaintiff's counsel intends on referring to and/or admitting exhibits during Mr. Julia's examination, Plaintiff's counsel is directed to serve a copy of said exhibits on the witness and file a proof of service. Ordered by Judge Joanna Seybert on 5/11/2022. (Russo, Eric)
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Tuesday, May 10, 2022
8 8 notice Notice of Appearance Tue 05/10 5:14 PM
NOTICE of Appearance by Sophia Ashley Perna on behalf of Piping Rock Health Products, LLC (aty to be noticed) (Perna, Sophia)
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Friday, May 06, 2022
7 7 service Affidavit of Service Fri 05/06 7:36 PM
AFFIDAVIT of Service for Order to Show Cause for Temporary Restraining Order served on Gerardo Cortes on 05 06-2022 filed by Piping Rock Health Products, LLC. (McNeil, Jillian)
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6 6 21 pgs order Order on Motion for TRO Order on Motion for Permanent Injunction Order to Show Cause Temporary Restraining Order Fri 05/06 3:02 PM
ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER granting2 Motion for TRO; terminating2 Motion for Permanent Injunction; Based on the foregoing, Plaintiff's ex parte motion for a TRO (ECF No. 2) is GRANTED, as stated herein, and DEFENDANTS ARE HEREBY ORDERED TO SHOW CAUSE at an IN-PERSON HEARING before this Court at 100 Federal Plaza, Courtroom 1030, Central Islip, New York 11722-9014, on Thursday, May 12, at 10:30 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. Show Cause Hearing set for 5/12/2022 at 10:30AM in Courtroom 1030 before Judge Joanna Seybert. See Order for additional details. So Ordered by Judge Joanna Seybert on 5/6/2022. C/ECF (Valle, Christine)
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Thursday, May 05, 2022
5 5 service Summons Issued Thu 05/05 10:42 AM
Summons Issued as to Gerardo Cortes. (Flanagan, Doreen)
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4 4 misc Clerks Notice of Rule 73 Thu 05/05 10:29 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen)
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3 3 misc Quality Control Check - Attorney Case Opening Thu 05/05 10:21 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
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2 2 motion Temporary Restraining Order Permanent Injunction 1 - Exparte Document - to be used ONLY in conjunction with primary event selection Thu 05/05 9:14 AM
MOTION for Temporary Restraining Order , MOTION for Permanent Injunction by Piping Rock Health Products, LLC. (McNeil, Jillian) Modified on 5/5/2022 (Flanagan, Doreen)
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Att: 1 Affidavit of Irene Fisher in Support,
Att: 2 Exhibit A - Employee Handbook,
Att: 3 Exhibit B - Confidentiality Agreement,
Att: 4 Exhibit C - Resignation Email,
Att: 5 Memorandum of Law in Support of Order to Show Cause for Preliminary Injunction and Temporary Restraining Order
utility Case Assigned/Reassigned Thu 05/05 10:29 AM
Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen)
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Wednesday, May 04, 2022
1 1 25 pgs cmp Complaint Wed 05/04 4:47 PM
COMPLAINT against Gerardo Cortes, The Doe Company filing fee $ 402, receipt number ANYEDC-15535188 Was the Disclosure Statement on Civil Cover Sheet completed -Y,, filed by Piping Rock Health Products, LLC. (McNeil, Jillian)
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Att: 1 Proposed Summons,
Att: 2 Civil Cover Sheet