Geminatio, Inc. v. Hustad et al
New York Northern District Court | |
Judge: | Anne M Nardacci |
Referred: | Therese Wiley Dancks |
Case #: | 1:25-cv-00361 |
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: | Mar 21, 2025 |
Last checked: Monday May 05, 2025 4:34 AM EDT |
Defendant
Philip Hustad
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Represented By
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Defendant
VioNano Innovations, Inc.
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Represented By
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Plaintiff
Geminatio, Inc.
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Represented By
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Docket last updated: 1 hours ago |
Wednesday, May 07, 2025 | ||
45 | 45
![]() TRANSCRIPT REQUEST by Geminatio, Inc. for proceedings held on 04/09/2025 before Judge Anne M. Nardacci.. (Riley, Juannell) |
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Monday, May 05, 2025 | ||
44 | 44
order
Order 1 - Terminate Deadlines and Hearings
Mon 05/05 3:29 PM
TEXT ORDER: Court reviewed docket and notes that a motion to dismiss has been filed by defendants. The Rule 16 conference scheduled for 6/18/25 and related deadlines are adjourned at this time. The Rule 16 conference and related deadlines will be reset after a decision is issued on the pending Motion to Dismiss, Dkt. No.43 , as necessary. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/5/25. (lmw) |
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Thursday, May 01, 2025 | ||
43 | 43
![]() MOTION to Dismiss for Failure to State a Claim filed by Philip Hustad, VioNano Innovations, Inc.. Motion returnable before Judge Nardacci, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Philip Hustad, VioNano Innovations, Inc.. Motion returnable before Judge Nardacci Response to Motion due by 5/22/2025. Reply to Response to Motion due by 5/29/2025 (Butler, Brian) |
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Wednesday, April 30, 2025 | ||
42 | 42
![]() TRANSCRIPT of Proceedings: Oral Argument held on 04/09/2025 before Judge Anne M. Nardacci, Court Reporter: Jacquelyn B. Gecewicz, Telephone number: (518) 257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. 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 5/21/2025. Redacted Transcript Deadline set for 6/2/2025. Release of Transcript Restriction set for 7/29/2025. Notice of Intent to Redact due by 5/5/2025 (jbg, ) |
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41 | 41
order
Order
Wed 04/30 10:45 AM
TEXT ORDER: Given the Court's Memorandum-Decision and Order dated April 28, 2025, Defendants' April 15, 2025 Letter Motion, Dkt. No.35 , seeking leave to file (1) a response to Plaintiffs Hearing Exhibit; and (2) a second supplemental declaration of Dr. Philip Hustad is DENIED. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/30/2025. (mab) |
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Monday, April 28, 2025 | ||
40 | 40
![]() MEMORANDUM-DECISION and ORDER. The Court hereby ORDERS that Plaintiff's Emergency Motion for a Preliminary Injunction and Expedited Discovery, Dkt. No.7 , is DENIED. The Court further ORDERS that the Clerk serve a copy of this Memorandum-Decision and Order on the Parties in accordance with the Local Rules. Signed by U.S. District Judge Anne M. Nardacci on 4/28/2025. (mab) |
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Thursday, April 24, 2025 | ||
39 | 39
![]() ***SEALED DOCUMENTS FOR IN CAMERA REVIEW filed by Philip Hustad and VioNano Innovations, Inc. in opposition to #7 Plaintiff's motion for preliminary injunction. #35 Letter from Jeremy P. Oczek with documents for in camera review. (lmw) |
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Wednesday, April 16, 2025 | ||
37 | 37
![]() RESPONSE TO LETTER BRIEF filed by Philip Hustad, VioNano Innovations, Inc. as to36 RESPONSE TO LETTER BRIEF filed by Geminatio, Inc. . (Butler, Brian) |
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Tuesday, April 15, 2025 | ||
38 | 38
misc
Docket Annotation
Thu 04/24 3:28 PM
Documents received via MFT from Defendants counsel with regard to Docket #35 Defendants opposition to Plaintiffs Sealed Exhibit A and documents for in camera inspection pursuant to the # 30 Text Order dated 4/10/25. Not available for public viewing. (bas) |
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36 | 36
![]() RESPONSE TO LETTER BRIEF filed by Geminatio, Inc. as to35 Letter Request/Motion, filed by Philip Hustad, VioNano Innovations, Inc. . (Riley, Juannell) |
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35 | 35
![]() Letter Motion from Jeremy P. Oczek for Philip Hustad, VioNano Innovations, Inc. requesting Leave to Submit (1) a response to Plaintiff's Hearing Exhibit and (2) a supplemental declaration of Dr. Phillip Hustad in Opposition to Plaintiff's Motion for Preliminary Injunction submitted to Judge Hon. Anne M. Nardacci .(Oczek, Jeremy) |
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34 | 34
![]() LETTER BRIEF confirming compliance with Court's Text Order of April 10, 2025 (ECF No. 30) by Philip Hustad, VioNano Innovations, Inc.. (Oczek, Jeremy) |
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33 | 33
![]() TRANSCRIPT REQUEST by Philip Hustad, VioNano Innovations, Inc. for proceedings held on April 11, 2025 before Judge Nardacci.. (Allen, Jeffrey) |
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Friday, April 11, 2025 | ||
misc
Docket Annotation
Fri 04/11 5:03 PM
Clerk's Office received SEALED Exhibit A pursuant to # 32 TEXT ORDER issued by Judge Nardacci on 4/10/2025. Not available for public view. (bas) |
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Thursday, April 10, 2025 | ||
32 | 32
order
Order
Thu 04/10 5:03 PM
TEXT ORDER: Following the April 9, 2025 oral argument on Plaintiff's emergency motion for a preliminary injunction, counsel for Plaintiff is hereby directed to file a copy of the exhibit used during their presentation with the Court on or before April 15, 2025. Counsel for Plaintiff may submit the exhibit via MFT on the Court's website and serve a copy on counsel for Defendants in accordance with Local Rule 5.3(a), at which time the Clerk of the Court is directed to file the exhibit on the docket as a sealed exhibit. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/10/2025. (mab) |
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31 | 31
![]() AFFIDAVIT in Opposition re7 Emergency MOTION for Preliminary Injunction filed by Geminatio, Inc.. Motion returnable before Judge Anne M. Nardacci MOTION for Temporary Restraining Order filed by Philip Hustad, VioNano Innovations, Inc..(Allen, Jeffrey) |
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30 | 30
order
Order
Thu 04/10 11:58 AM
TEXT ORDER: For purposes of resolving Plaintiff's emergency motion for a preliminary injunction, Dkt. No.7 , Defendants are directed to submit, for in camera review, unredacted copies of all provisional and non-provisional patent applications filed by Defendant Hustad and/or Defendant VioNano from September 1, 2024 through the present, as well as a document indicating each patent application's filer and each patent application's filing date, to the extent that such information is not apparent on the face of the patent applications themselves. Defendants shall submit these documents via MFT on the Court's website, as well as a letter on the docket indicating that such documents have been uploaded, on or before April 15, 2025. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/10/2025. (mab) |
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Wednesday, April 09, 2025 | ||
29 | 29
order
Order on Letter Request
Wed 04/09 12:09 PM
TEXT ORDER granting Defendants'26 Letter Request seeking leave to file the Supplemental Declaration of Dr. Phillip Hustad in Opposition to Plaintiff's Motion for a Preliminary Injunction. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/9/2025. (mab) |
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28 | 28
![]() ORDER granting24 Motion to Seal Exhibit A to the Supplemental Declaration of Robert Maire in Further Support of Plaintiff's Motion for Preliminary Injunction and Expedited Discovery. Signed by U.S. District Judge Anne M. Nardacci on 4/9/2025. (mab) |
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minutes
Show Cause Hearing
Thu 04/10 9:28 AM
Text Minute Entry for proceedings held before U.S. District Judge Anne M. Nardacci: Oral Argument as to Plaintiff's7 Motion for Preliminary Injunction in this matter held on 4/9/2025. Appearances: Juannell Riley, Esq. for Plaintiff; Brian Butler, Esq., Jeffrey Allen, Esq. and Jeremy Oczek, Esq. for Defendant. The Court hears oral argument as to the pending motion for a Preliminary Injunction. After hearing from counsel, the Court reserves on a ruling. A written decision will be issued. (TIME: 1:36PM-2:32PM). (Court Reporter: Jacquelyn Gecewicz). (mab) |
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Tuesday, April 08, 2025 | ||
27 | 27
![]() RESPONSE TO LETTER BRIEF filed by Geminatio, Inc. as to26 Letter Request/Motion, filed by Philip Hustad, VioNano Innovations, Inc. . (Riley, Juannell) |
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26 | 26
![]() Letter Motion from Jeffrey F. Allen for Philip Hustad, VioNano Innovations, Inc. requesting Leave to Submit Supplemental Declaration of Dr. Phillip Hustad in Opposition to Plaintiff's Motion for Preliminary Injunction submitted to Judge Hon. Anne M. Nardacci .(Sher, Jeremy) |
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Friday, April 04, 2025 | ||
25 | 25
![]() REPLY to Response to Motion re7 Motion for Preliminary Injunction,,,, Motion for TRO,,, filed by Geminatio, Inc..(Riley, Juannell) |
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24 | 24
![]() MOTION to Seal Document filed by Geminatio, Inc.. Response to Motion due by 4/25/2025 (Riley, Juannell) |
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misc
Docket Annotation
Mon 04/07 3:04 PM
Clerk's Office received 1 video file containing an unredacted version of a declaration and a video recording, re the #24 motion to seal. (bas) |
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Thursday, April 03, 2025 | ||
23 | 23
order
Order ~Util - Set Hearings
Thu 04/03 1:18 PM
TEXT ORDER: Counsel are directed to appear, IN-PERSON, at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207, 1st Floor, Courtroom No. 6, on Wednesday, April 9, 2025 at 1:30 PM for a hearing with regard to the pending7 Emergency Motion for a Preliminary Injunction in this matter. SO ORDERED by U.S. District Judge Anne M. Nardacci on 4/3/2025. (mab) |
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22 | 22
![]() ORDER approving #21 Stipulation for an extension of time to answer or otherwise respond to the Complaint until 5/1/25. The parties must show good cause for future requests, if any, for extensions of deadlines that may be set in this matter. Signed by Magistrate Judge Therese Wiley Dancks on 4/3/25. (lmw) |
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Wednesday, April 02, 2025 | ||
21 | 21
![]() STIPULATION re1 Complaint,, Extending the Time for Defendants to File and Serve Their Answer or Otherwise Respond to the Complaint by Philip Hustad, VioNano Innovations, Inc. submitted to Judge Nardacci. (Allen, Jeffrey) |
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Tuesday, April 01, 2025 | ||
20 | 20
![]() RESPONSE in Opposition re7 Motion for Preliminary Injunction,,,, Motion for TRO,,, filed by Philip Hustad, VioNano Innovations, Inc..(Butler, Brian) |
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19 | 19
![]() ORDER granting Plaintiff's6 Letter Request to seal Exhibits C and D to the Complaint. Signed by U.S. District Judge Anne M. Nardacci on 4/1/2025. (mab) |
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Monday, March 31, 2025 | ||
18 | 18
![]() NOTICE OF APPEARANCE by Jeremy P. Oczek on behalf of Philip Hustad, VioNano Innovations, Inc. (Oczek, Jeremy) |
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Wednesday, March 26, 2025 | ||
17 | 17
![]() NOTICE OF APPEARANCE by Juannell Riley on behalf of Geminatio, Inc. (Riley, Juannell) |
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16 | 16
![]() NOTICE OF APPEARANCE by David Wechsler on behalf of Geminatio, Inc. (Wechsler, David) |
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15 | 15
![]() CERTIFICATE OF SERVICE by Geminatio, Inc. (LeCours, Daniel) |
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14 | 14
![]() NOTICE OF APPEARANCE by Jeffrey F. Allen on behalf of Philip Hustad, VioNano Innovations, Inc. (Allen, Jeffrey) |
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13 | 13
![]() NOTICE OF APPEARANCE by Brian J. Butler on behalf of Philip Hustad, VioNano Innovations, Inc. (Butler, Brian) |
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Tuesday, March 25, 2025 | ||
12 | 12
order
Order on Motion for Limited Admission Pro Hac Vice
Tue 03/25 4:02 PM
TEXT ORDER granting10 Motion for Limited Admission Pro Hac Vice for David Wechsler. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/25/25. (lmw) |
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11 | 11
order
Order on Motion for Limited Admission Pro Hac Vice
Tue 03/25 4:00 PM
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice for Juannell Riley. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/25/25. (lmw) |
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Monday, March 24, 2025 | ||
10 | 10
![]() MOTION for Limited Admission Pro Hac Vice of David Wechsler. Filing fee $100, receipt number 27MN0R8G filed by Geminatio, Inc. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Therese Wiley Dancks. (bas) |
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9 | 9
![]() MOTION for Limited Admission Pro Hac Vice of Juannell Riley. Filing fee $100.00, receipt number 27MN0RBM filed by Geminatio, Inc. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Therese Wiley Dancks. (bas) |
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8 | 8
![]() MEMORANDUM-DECISION and ORDER. The Court hereby ORDERS that Plaintiff's motion for an ex parte temporary restraining order, Dkt. No.7 , is DENIED. The Court further ORDERS Plaintiff to serve Defendants with the Complaint and all docketed entries in this case, including this Memorandum-Decision and Order, in accordance with the N.D.N.Y. Local Rules 5.1 and 7.1(a)(2), and file proof of service on the docket by March 26, 2025. The Court further ORDERS that Defendants shall file opposing papers, if any, to the portion of Plaintiff's motion seeking a preliminary injunction and expedited discovery on or before April 1, 2025, and Plaintiff shall file reply papers, if any, on or before April 4, 2025. The Court further ORDERS that the parties shall make a good faith effort among themselves to resolve or reduce all differences relating to the issues in Plaintiff's motion prior to the submission of Defendants' opposing papers, in accordance with N.D.N.Y. Local Rule 7.1(a)(2), and that Defendants shall attest in their opposing papers that such efforts took place. Signed by U.S. District Judge Anne M. Nardacci on 3/24/2025. (mab) |
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Friday, March 21, 2025 | ||
7 | 7
![]() Emergency MOTION for Preliminary Injunction filed by Geminatio, Inc.. Motion returnable before Judge Anne M. Nardacci, MOTION for Temporary Restraining Order by Geminatio, Inc..(LeCours, Daniel) |
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6 | 6
![]() Letter Motion from Daniel R. LeCours for Geminatio, Inc. requesting permission to file documents under seal pursuant to Local Civil Rule 5.3 submitted to Judge Anne M. Nardacci .(LeCours, Daniel) |
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5 | 5
![]() FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Geminatio, Inc.. (LeCours, Daniel) |
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4 | 4
![]() NOTICE OF ADMISSION REQUIREMENT as to Party Geminatio, Inc.; Attorney David Wechsler and Juannell Riley, Email address is dwechsler@hs-law.com and jriley@hs-law.com. Phone number is (212) 847-7905. Admissions due by 4/4/2025. Sent via email to counsel.(mmg). |
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3 | 3
![]() G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 6/18/2025 09:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/11/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Sent via email to counsel not admitted.(mmg). |
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2 | 2
![]() Summons Issued as to Philip Hustad, VioNano Innovations, Inc..(mmg). |
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1 | 1
![]() COMPLAINT WITH JURY DEMAND against Philip Hustad, VioNano Innovations, Inc. (Filing fee $405 receipt number ANYNDC-7070790) filed by Geminatio, Inc..(mmg) (Sealed Exhibits received via MFT added on 3/21/2025: #8 Sealed Exhibit C, #9 Sealed Exhibit D) (lmw). |
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misc
Docket Annotation
Fri 03/21 6:31 PM
Docket Annotation: Sealed Exhibit C and Sealed Exhibit D to the #1 Complaint received via MFT and uploaded to Docket #1 as sealed documents. (lmw) |