Cushman & Wakefield U.S., Inc. v. Carter
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:25-cv-00866 |
| 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: | Jan 29, 2025 |
| Terminated: | Apr 30, 2025 |
| Last checked: Sunday Mar 16, 2025 6:16 AM EDT |
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Defendant
Valery Carter
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Represented By
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Plaintiff
Cushman & Wakefield U.S., Inc.
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Represented By
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| Docket last updated: 7 hours ago |
| Wednesday, April 30, 2025 | ||
| 36 | 36
1
pgs
order
Order of Dismissal
Wed 04/30 1:31 PM
ORDER OF DISMISSAL: The Court having been advised that the parties have reached a settlement in principle on all claims, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Margaret M. Garnett on 4/30/2025) (mml) |
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| Tuesday, March 18, 2025 | ||
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adr
Mediation Conference Scheduled
Tue 03/18 10:42 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/24/2025 at 10:00 AM in telephone or video conference.(sni) |
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| Monday, March 10, 2025 | ||
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adr
Notice of Mediator Assignment
Mon 03/10 3:05 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/9/2025.(sge) |
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| Wednesday, March 05, 2025 | ||
| 35 | 35
answer
Answer to Complaint
Wed 03/05 6:22 PM
ANSWER to Complaint with JURY DEMAND. Document filed by Valery Carter..(Kim, Gina) |
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| Friday, February 28, 2025 | ||
| 34 | 34
order
Mediation Referral Order
Fri 02/28 2:21 PM
MEDIATION REFERRAL ORDER: Whereas the parties have jointly requested immediate referral to the District's Mediation Program, see Dkt. No. 33, it is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. Discovery shall be held in abeyance until the conclusion of mediation. Within seven (7) days after the mediation occurs, counsel shall file a joint status letter with the Court. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 3/14/2025. (Signed by Judge Margaret M. Garnett on 2/28/2025) (sgz) |
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| Thursday, February 27, 2025 | ||
| 33 | 33
misc
Proposed Case Management Plan
Thu 02/27 4:37 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Cushman & Wakefield U.S., Inc...(Stein, Madeline) |
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| Wednesday, February 26, 2025 | ||
| 32 | 32
misc
Notice of Filing Transcript
Wed 02/26 12:23 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/19/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
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| 31 | 31
misc
Transcript
Wed 02/26 12:22 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/19/2025 before Judge Margaret M. Garnett. Court Reporter/Transcriber: Lisa O'Brien, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/19/2025. Redacted Transcript Deadline set for 3/31/2025. Release of Transcript Restriction set for 5/27/2025..(McGuirk, Kelly) |
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| Friday, February 21, 2025 | ||
| 30 | 30
order
Order on Motion to Dismiss
Fri 02/21 2:28 PM
ORDER denying19 Motion to Dismiss: For the reasons discussed on the record at the hearing on February 19, 2025, Plaintiffs motion for a preliminary injunction (Dkt. No. 4) is DENIED, and Defendants motion to dismiss is DENIED. The Clerk of Court is directed to terminate Dkt. No. 19. SO ORDERED. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret) |
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| Wednesday, February 19, 2025 | ||
| 29 | 29
notice
Notice of Appearance
Wed 02/19 5:19 PM
NOTICE OF APPEARANCE by Harris Bruce Katz on behalf of Valery Carter..(Katz, Harris) |
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| 28 | 28
notice
Notice of Appearance
Wed 02/19 3:08 PM
NOTICE OF APPEARANCE by Blythe Elisa Lovinger on behalf of Cushman & Wakefield U.S., Inc...(Lovinger, Blythe) |
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minutes
Show Cause Hearing
Wed 02/19 2:02 PM
Minute Entry for proceedings held before Judge Margaret M. Garnett: Show Cause Hearing held on 2/19/2025. Counsel Madeline Stein, Robert Steiner and Blythe Lovinger present for Plaintiff. Counsel Steven Mellen and Harris Katz present for Defendant. (Court Reporter Lisa O'Brien) (kv) |
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| Tuesday, February 18, 2025 | ||
| 27 | 27
respoth
Declaration in Support (non-motion)
Tue 02/18 6:29 PM
DECLARATION of Sonya Hogle in Support re:24 Reply Memorandum of Law in Support. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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Att: 1
Exhibit A - Hogle Declaration,
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Att: 2
Exhibit B - Hogle Declaration
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| 26 | 26
respoth
Declaration in Support (non-motion)
Tue 02/18 6:26 PM
DECLARATION of April Dempsey [Supplemental] in Support re:24 Reply Memorandum of Law in Support. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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Att: 1
Exhibit A - Dempsey Declaration
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| 25 | 25
respoth
Declaration in Support (non-motion)
Tue 02/18 6:23 PM
DECLARATION of Erik Hart [Supplemental] in Support re:24 Reply Memorandum of Law in Support. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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Att: 1
Exhibit A - Hart Declaration,
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Att: 2
Exhibit B - Hart Declaration
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| 24 | 24
respoth
Reply Memorandum of Law in Support (non-motion)
Tue 02/18 6:09 PM
REPLY MEMORANDUM OF LAW in Support re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| Friday, February 14, 2025 | ||
| 23 | 23
notice
Notice of Appearance
Fri 02/14 3:20 PM
NOTICE OF APPEARANCE by Madeline Leigh Stein on behalf of Cushman & Wakefield U.S., Inc...(Stein, Madeline) |
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| Thursday, February 13, 2025 | ||
| 22 | 22
respm
Declaration in Support of Motion
Thu 02/13 9:30 PM
DECLARATION of Johnny Siharath in Support re:19 MOTION to Dismiss .. Document filed by Valery Carter..(Kim, Gina) |
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| 21 | 21
respm
Declaration in Support of Motion
Thu 02/13 9:28 PM
DECLARATION of Valery Carter in Support re:19 MOTION to Dismiss .. Document filed by Valery Carter..(Kim, Gina) |
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Att: 1
Exhibit 1
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| 20 | 20
23
pgs
respm
Memorandum of Law in Support of Motion
Thu 02/13 9:24 PM
MEMORANDUM OF LAW in Support re:19 MOTION to Dismiss . . Document filed by Valery Carter..(Kim, Gina) |
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| 19 | 19
motion
Dismiss
Thu 02/13 9:19 PM
MOTION to Dismiss . Document filed by Valery Carter..(Kim, Gina) |
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| 18 | 18
misc
Opposition Brief
Thu 02/13 9:15 PM
OPPOSITION BRIEF re:4 Proposed Order to Show Cause With Emergency Relief,5 Memorandum of Law in Support . Document filed by Valery Carter..(Kim, Gina) |
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Att: 1
Affidavit Declaration of Valery Carter,
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Att: 2
Exhibit 1 to Declaration of Valery Carter,
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Att: 3
Affidavit Declaration of Johnny Siharath
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| 17 | 17
misc
Opposition Brief
Thu 02/13 9:05 PM
OPPOSITION BRIEF re:4 Proposed Order to Show Cause With Emergency Relief,5 Memorandum of Law in Support . Document filed by Valery Carter..(Kim, Gina) |
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| Monday, February 10, 2025 | ||
| 16 | 16
service
Summons Returned Executed
Mon 02/10 1:54 PM
SUMMONS RETURNED EXECUTED. Valery Carter served on 2/5/2025, answer due 2/26/2025. Service was accepted by Valery Carter. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| Thursday, February 06, 2025 | ||
| 15 | 15
order
Stipulation and Order
Thu 02/06 3:03 PM
STIPULATION AND ORDER: Plaintiff, Cushman & Wakefield U.S., Inc., and Defendant, Valery Carter, by and through their undersigned attorneys, stipulate and agree as follows: 1. With the Court's consent, the motion hearing set by the Court's Order dated January 30, 2025 ("Order") (ECF No. 11) shall be adjourned until February 19, 20, or 21, 2025, or a date thereafter as the Court may otherwise direct and in accordance with the Court's preference. 2. Pending said hearing and pursuant to Federal Rule of Civil Procedure 65(b (2), Defendant consents to an extension of the restraints set forth in Paragraph 1 of the Order, and to fully comply with them. 3. No later than February 6, 2025, Defendant shall provide counsel for Plaintiff with all information required by Paragraph 4 of the Order. 4. Defendant's opposition to Plaintiff's motion, if any, may be filed by February 13, 2025. 5. Plaintiff's reply, if any, may be filed by February 18, 2025. 6. Unless such terms are modified or dissolved by the Court, Defendant agrees to take all actions required by Paragraphs 2 and 3 of the Order, including providing access to any responsive device(s), by no later than the first business day following the rescheduled motion hearing described in paragraph 1, above. Counsel shall confer as necessary in advance of the motion hearing to identify any devices at issue and reach agreement on any logistical or other matters. 7. This Stipulation is entered into by mutual agreement as an accommodation and professional courtesy to Defendant and her counsel. Nothing in this Stipulation shall be construed to affect or waive any claim, defense, or argument available to any party. In particular, Defendant's entry into this Stipulation shall not be deemed as consent or waiver with respect to the issue of personal jurisdiction, which defense Defendant specifically preserves. IT IS SO ORDERED. The hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction is reset for Wednesday, February 19, 2025, at 1:00 p.m. at the Thurgood Marshall United States Courthouse, Courtroom 906. The Clerk of Court is directed to terminate Dkt. No. 14. (Signed by Judge Margaret M. Garnett on 2/6/2025) (kv) |
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| 14 | 14
motion
Extension of Time
Thu 02/06 11:29 AM
CONSENT LETTER MOTION for Extension of Time Regarding January 30 Order addressed to Judge Margaret M. Garnett from Steven E. Mellen dated 2/6/25. Document filed by Valery Carter..(Mellen, Steven) |
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| Monday, February 03, 2025 | ||
| 13 | 13
service
Certificate of Service Other
Mon 02/03 12:18 PM
CERTIFICATE OF SERVICE of Case Initiating Documents and Court's Order dated January 30, 2025 served on Valery Carter on January 31, 2025. Service was made by FedEx. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| Thursday, January 30, 2025 | ||
| 12 | 12
service
Certificate of Service Other
Thu 01/30 5:09 PM
CERTIFICATE OF SERVICE of Court's Order dated January 30, 2025 served on Valery Carter on January 30, 2025. Service was made by FedEx and Email. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 11 | 11
6
pgs
order
Order to Show Cause ~Util - Set Deadlines/Hearings
Thu 01/30 1:52 PM
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: IT IS ORDERED AND DECREED THAT: 1. Defendant including, her agents, servants, employees, attorneys, and those persons in active concert or participation with her, are restrained and enjoined from violating the terms of the Confidentiality and Non-Solicitation Policy ("the Policy") by: (a) Soliciting or otherwise interfering with the business or patronage of any Active Client or Referral Source, as those terms are defined in the Policy, with whom she had contact or about whom she learned of through Confidential Information (as that term is defined in the Policy) during the last twenty-four (24) months of her employment with Cushman & Wakefield, including soliciting business from any Active Client or Referral Source that have existing or pending transactions or assignments with Cushman & Wakefield or any of its affiliates or soliciting or encouraging such Active Clients to discontinue or reduce their existing or pending transactions or assignments with Cushman & Wakefield or reduce their consideration of Cushman & Wakefield for pending transactions or assignments, personally or as an employee, stockholder, director, investor, owner, consultant, manager, member, associate, partner, agent, independent contractor, or otherwise, or by means of any corporate or other device; (as further set forth herein). 2. Defendant shall, by February 11, 2025, identify and provide access to an independent third-party vendor all data storage devices, data storage accounts, email accounts, local drives, shared drives, phones, tablets, or other computer systems from which she accessed or used Cushman & Wakefield confidential, proprietary, or trade secret information, so that the vendor may catalog any such information and otherwise preserve evidence for this litigation and remove any such Cushman & Wakefield information from Carter's possession; 3. Defendant shall, after fully complying with the directives set out in Paragraph 2 of this Order, return to Cushman & Wakefield all information, documents, and tangible things in her possession, custody, or control, whether in physical or digital format, including any and all copies thereof, that contain Cushman & Wakefield confidential, proprietary, or trade secret information, including specifically the USB device upon which Carter copied Cushman & Wakefield files on January 29, 2024 and January 30, 2024, which shall be subjected to a forensic inspection by an independent third party vendor to be engaged by counsel for Cushman & Wakefield; 7. That a hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction is set for Monday, February 10, 2025, at 1:00 p.m., before Judge Garnett in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. 8. That Defendant may file any brief opposing Plaintiff's motion by February 6, 2025. Plaintiff may file any reply brief by February 10, 2025, at 9:30 a.m. 9. That Plaintiff must serve a copy of this Order upon Defendant's counsel by January 30, 2025, and file proof of such service on the public docket by January 31, 2025. Show Cause Hearing set for 2/10/2025 at 01:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 1/30/2025) (kv) |
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| 10 | 10
service
Summons Issued
Thu 01/30 1:39 PM
ELECTRONIC SUMMONS ISSUED as to Valery Carter..(pc) |
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notice
Case Opening Initial Assignment Notice
Thu 01/30 8:42 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Thu 01/30 8:42 AM
Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Thu 01/30 8:42 AM
Case Designated ECF. (pc) |
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misc
Notice to Court Regarding Proposed Order
Thu 01/30 9:36 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (tp) |
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| Wednesday, January 29, 2025 | ||
| 9 | 9
service
Certificate of Service Other
Wed 01/29 7:59 PM
CERTIFICATE OF SERVICE of all Foregoing Documents Served on Valery Carter on 1/29/2025. Service was Made by Email to Patrick Drake. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 8 | 8
misc
Civil Cover Sheet
Wed 01/29 7:52 PM
CIVIL COVER SHEET filed..(Steiner, Robert) |
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| 7 | 7
respoth
Declaration in Support (non-motion)
Wed 01/29 7:47 PM
DECLARATION of Erik Hart in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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Att: 1
Exhibit A - Usb-Activity-Valery
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| 6 | 6
respoth
Declaration in Support (non-motion)
Wed 01/29 7:44 PM
DECLARATION of April Dempsey in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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Att: 1
Exhibit A - March 18 Email re Resignation,
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Att: 2
Exhibit B - Compensation Change Letter 2.14.24 Acknowledgement_Redacted,
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Att: 3
Exhibit C - CW Confidentiality Non-Solicitation Policy,
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Att: 4
Exhibit D - October 23 Text Message,
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Att: 5
Exhibit E - 1.3.2025 - V. Carter - Cease and Desist Letter_Redacted,
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Att: 6
Exhibit F - 1.10.25 Response to Cease and Desist,
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Att: 7
Exhibit G - Facebook Post
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| 5 | 5
30+
pgs
respoth
Memorandum of Law in Support (non-motion)
Wed 01/29 7:32 PM
MEMORANDUM OF LAW in Support re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 4 | 4
misc
Proposed Order to Show Cause With Emergency Relief
Wed 01/29 7:24 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Wed 01/29 7:16 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cushman & Wakefield Global, Inc., Other Affiliate Cushman & Wakefield plc, for Cushman & Wakefield U.S., Inc.. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 2 | 2
service
Request for Issuance of Summons
Wed 01/29 7:08 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Valery Carter, re:1 Complaint. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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| 1 | 1
23
pgs
cmp
Complaint
Wed 01/29 6:59 PM
COMPLAINT against Valery Carter. (Filing Fee $ 405.00, Receipt Number ANYSDC-30536044)Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) |
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