STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS: the parties having amicably resolved all claims between them, hereby stipulate and agree that this action shall he dismissed, with prejudice, and without fees or costs being awarded to either Plaintiffs or Defendants as against the other. (Signed by Judge Alison J. Nathan on 5/23/2013) (cd) (Entered: 05/23/2013)
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by 3R Connect Systems, LLC, 3R Connect Creative Management Agency, LLC.(Shaw, Susan) Modified on 5/23/2013 (jno). (Entered: 05/22/2013)
ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on Friday, May 31, 2013, at 10:15 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York as further set forth in this order., ( Initial Conference set for 5/31/2013 at 10:15 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/16/2013) (lmb) (Entered: 05/16/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/13 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...(Rodriguez, Somari) (Entered: 05/16/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2013 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. 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 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013.(Rodriguez, Somari) (Entered: 05/16/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISION proceeding held on 5/9/13 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...(Rodriguez, Somari) (Entered: 05/16/2013)
TRANSCRIPT of Proceedings re: DECISION held on 5/9/2013 before Judge Alison J. Nathan. Court Reporter/Transcriber: William Richards, (212) 805-0300. 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 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013.(Rodriguez, Somari) (Entered: 05/16/2013)
ENDORSED LETTER addressed to Judge Alison J. Nathan from Robert J. Basil dated 5/9/2013 re: Accordingly, Defendants respectfully request that this Court terminate the Preliminary Injunction hearing based upon the bad faith misconduct of Plaintiffs' counsel and to consider such sanctions that the Court deems appropriate. ENDORSEMENT: The Court is in receipt of this and the attached letter in the above captioned case. Both parties are admonished that any additional unprofessional or discourteous conduct may result in sanctions, as too will any additional violations of this Court's Individual Practices, to include Rule 1.A, which provides that "correspondence between counsel shall not be sent to the Court." Defendants' request is denied. SO ORDERED (Signed by Judge Alison J. Nathan on 5/13/2013) (cd) (Entered: 05/14/2013)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Alison J. Nathan on 5/13/2013) (cd) (Entered: 05/14/2013)
ORDER: On May 9, 2013, the Court held a telephone conference with the parties in the above captioned case. For the reasons stated on the record, Plaintiffs' request for a preliminary injunction against Defendants is DENIED and the temporary restraining order issued by this Court on April 25, 2013, is hereby lifted. By separate order, this case will be referred for general pretrial to Magistrate Judge Gorenstein. (Signed by Judge Alison J. Nathan on 5/13/2013) (cd) (Entered: 05/14/2013)
ORDER: A preliminary injunction hearing in this matter has been scheduled for 10:00am on May 8, 2013. Briefing on the application for a preliminary injunction is now complete. At the conference in this matter on April 25, 2013, Plaintiffs asserted that they would call two witnesses at the hearing: Mr. Joshi and Mr. Haslani. Defendants asserted that they would call two to three witnesses: Mr. Fiorello, Mr. O'Connor, and possibly an unidentified employee. In light of the parties' submissions and their positions at the conference on April 25, 2013, it is hereby ORDERED that by 12:00pm on May 7, 2013, each party shall submit by email pursuant to Rule l.A of this Court's Individual Rules in Civil Cases, (nathannysdchambers@nysd.uscourts.gov), a letter indicating: 1. For Plaintiffs, whether they intend to call Mr. Joshi and/or Mr. Haslani; 2. For Defendants, whether they intend to call Mr. Fiorello and/or Mr. O'Connor, and whether they intend to call an employee and, if they do, to identify that employee by name, and as further set forth in this document. (Signed by Judge Alison J. Nathan on 5/6/2013) (cd) (Entered: 05/07/2013)
REPLY MEMORANDUM OF LAW in Support re: 2 Order to Show Cause,, with Reply Affidavit and Exhibits. Document filed by 3R Connect Creative Management Agency, LLC, 3R Connect Systems, LLC. (Attachments: # 1 Affidavit Haslani Affidavit, # 2 Exhibit Exhibits to Haslani Affidavit - Part 1, # 3 Exhibit Exhibits to Haslani Affidavit - Part 2, # 4 Exhibit Exhibits to Haslani Affidavit - Part 3, # 5 Exhibit Exhibits to Haslani Affidavit - Part 4, # 6 Exhibit Exhibits to Haslani Affidavit - Part 5, # 7 Exhibit Exhibits to Haslani Affidavit - Part 6)(Shaw, Susan) (Entered: 05/06/2013)
NOTICE OF CHANGE OF ADDRESS by Robert James Basil on behalf of Christian Fiorello, Dennis O'Connor. New Address: The Basil Law Group PC, 1270 Broadway, Suite 305, New York, NY, United States 10001, 9175123066. (Basil, Robert) (Entered: 05/05/2013)
NOTICE OF CHANGE OF ADDRESS by John Patrick Curley on behalf of 3R Connect Creative Management Agency, LLC, 3R Connect Systems, LLC. New Address: Hoguet, Newman, Regal & Kenney, LLP, 10 East 40th Street, New York, New York, USA 10016, 212-689-8808. (Curley, John) (Entered: 05/03/2013)
NOTICE OF APPEARANCE by John Patrick Curley on behalf of 3R Connect Creative Management Agency, LLC, 3R Connect Systems, LLC (Curley, John) (Entered: 05/03/2013)
ENDORSED LETTER addressed to Judge Alison J. Nathan from Richard M. Reice dated 5/1/2013 re: Plaintiffs respectfully ask that the Court add Plaintiffs' requested relief to the issues to be considered at the May 8 hearing. Defendants' papers in opposition to Plaintiffs' initial injunction request are due tomorrow, May 2, 2013, and Plaintiffs naturally would not object to Defendants' having an additional day or two to revise their papers to respond to the substance of this letter. ENDORSEMENT: Denied. To broaden the scope of PI hearing is denied. (Signed by Judge Alison J. Nathan on 5/2/2013) (cd) (Entered: 05/03/2013)
Letter addressed to Judge Alison J. Nathan from Robert J. Basil dated 5/2/2013 re: Accordingly, Defendants object to any expansion of the Preliminary Injunction hearing scheduled for May 8 before this Court. Document filed by Christian Fiorello.(cd) (Entered: 05/02/2013)
CERTIFICATE OF SERVICE of Opposition and Motion served on 3R Connect on 5/2/2-13. Document filed by Christian Fiorello, Dennis O'Connor. (Basil, Robert) (Entered: 05/02/2013)
MOTION to Dismiss for Lack of Jurisdiction. Document filed by Christian Fiorello, Dennis O'Connor. Responses due by 5/23/2013 Return Date set for 6/6/2013 at 10:00 AM. (Attachments: # 1 Text of Proposed Order)(Basil, Robert) (Entered: 05/02/2013)
Letter addressed to Judge Alison J. Nathan from Richard M. Reice dated 4/30/2013 re: Response to Defendants' Updated Request For the Disbursement of Funds. Document filed by 3R Connect Creative Management Agency, LLC.(cd) (Entered: 04/30/2013)
ORDER: The Court is in receipt of the attached letters in the above-captioned case, (see attached), as well as the letters attached to its order dated April 29, 2013, (Dkt. No.5). Defendants' request for an alteration of the Temporary Restraining Order or other relief is hereby DENIED. (Signed by Judge Alison J. Nathan on 4/30/2013) (cd) Modified on 5/2/2013 (cd). (Entered: 04/30/2013)
ENDORSED LETTER addressed to Judge Alison J. Nathan from Robert J. Basil dated 12/14/2012 re: I seek therefore, relief from the injunction, but only insofar as it prevents my firm, as escrow agent, from paying commissions and salaries to workers that have earned their wages. The first such payroll is due on April 30. So I will need to contact the funding source quickly if this is to be a meaningful effort. ENDORSEMENT: The Court is in receipt of this letter as well as the attached Email. Plaintiffs are hereby ORDERED to submit to the Court, by 10:00 AM on April 30, 2013, a responsive letter not to exceed two pages in length. Plaintiffs are to submit this letter in conformity with Rule 1A of this Court's Individual Rules in Civil Cases. Also pursuant to that Rule, and with reference to the attached Email, the parties are admonished that they are not to include substantive communications in the body of Emails sent to Chambers and they are not to include the Court on correspondence between counsel. In their letter, and pursuant to Plaintiffs' assertion at the conference in this matter on April 25, 2013, Plaintiffs are to address whether -- as indicated -- they are willing to pay employee salaries and commissions pending the outcome of the Preliminary Injunction process. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/29/2013) (ft) (Entered: 04/29/2013)
CERTIFICATE OF SERVICE of Notice of Appearance served on Richard Malcom Reice on 4-26-2013. Document filed by Christian Fiorello, Dennis O'Connor. (Basil, Robert) (Entered: 04/26/2013)
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by 3R Connect Creative Management Agency, LLC, 3R Connect Systems, LLC. Defendants show cause why an Order should not be issued pursuant to FRCP 65 to preliminarily continue the temporary restrains as set forth above during the pendency of this action. Show Cause Hearing set for 5/8/2013 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. No security need by posted. Show Cause Response due by 5/2/2013, at 12 pm. Show Cause reply due by 5/6/2013, at 12 pm. (Signed by Judge Alison J. Nathan on 4/25/2013) (cd) (Entered: 04/26/2013)
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