Boston Executive Search Associates, Inc. v. Freshfields Bruckhaus Deringer US LLP Featured Case

Plaintiff Boston Executive Search Associates, Inc. sued Defendant Freshfields Bruckhaus Deringer US LLP for breach of contract, breach of implied covenant of good faith and fair dealing, quantum meruit and unjust enrichment. Plaintiff alleged that it had identified a corporate attorney from Cleary Gottlieb Steen & Hamilton LLP to Defendant for recruitment as a lateral partner. Although Defendant allegedly told Plaintiff to hold off on the recruitment, Defendant later announced that it had hired the prospect.

Plaintiff: Boston Executive Search Associates, Inc.
Defendant: Freshfields Bruckhaus Deringer US LLP
Case Number: 1:2019cv12378
Filed: November 19, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Richard G Stearns
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2020 Filing 29 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #28 Assented to MOTION for Extension of Time to March 23, 2020 to Answer or Otherwise Respond to the #25 Second Amended Complaint. (Pacho, Arnold)
February 27, 2020 Filing 28 Assented to MOTION for Extension of Time to March 23, 2020 to Answer or Otherwise Respond to the Second Amended Complaint by Freshfields Bruckhaus Deringer US LLP.(Savage, Joseph)
February 25, 2020 Filing 27 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #19 Motion to Dismiss for Failure to State a Claim in light of the Second Amended Complaint. (Tang, Danni)
February 24, 2020 Filing 26 Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Boston Executive Search Associates, Inc.. (Salvesen, Douglas)
February 24, 2020 Filing 25 AMENDED COMPLAINT (Second) and filed with Defendant's assent, against Freshfields Bruckhaus Deringer US LLP, filed by Boston Executive Search Associates, Inc..(Salvesen, Douglas)
February 19, 2020 Filing 24 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #23 Motion for Extension of Time to File Response/Reply until February 24, 2020. (Zierk, Marsha)
February 18, 2020 Filing 23 Assented to MOTION for Extension of Time to 02/24/2020 to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Boston Executive Search Associates, Inc..(Salvesen, Douglas)
February 10, 2020 Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #21 Motion for Extension of Time until February 21, 2020 to respond to the motion to dismiss. (Zierk, Marsha)
February 7, 2020 Filing 21 Assented to MOTION for Extension of Time to 02/21/2020 to Respond to Defendant's Motion to Dismiss by Boston Executive Search Associates, Inc..(Salvesen, Douglas)
January 24, 2020 Filing 20 MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Freshfields Bruckhaus Deringer US LLP. (Savage, Joseph)
January 24, 2020 Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint by Freshfields Bruckhaus Deringer US LLP.(Savage, Joseph)
January 10, 2020 Filing 18 AMENDED COMPLAINT against Freshfields Bruckhaus Deringer US LLP, filed by Boston Executive Search Associates, Inc..(Salvesen, Douglas)
January 10, 2020 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Boston Executive Search Associates, Inc.. (Salvesen, Douglas)
January 6, 2020 Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Unless defendant has information to the contrary, plaintiff having made a prima facie showing of complete diversity between the parties, the court is satisfied that there is diversity jurisdiction in this court. However, the court asks plaintiff to refile, by 1/10/20, its Response, listing only the named partners' city and state of residence. In the meantime, the Clerk will seal Dkt. #15. (Zierk, Marsha)
December 19, 2019 Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice. Added Timothy Harkness. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold)
December 19, 2019 Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Timothy Harkness Filing fee: $ 100, receipt number 0101-8022857 by Freshfields Bruckhaus Deringer US LLP. (Attachments: #1 Exhibit A - Certificate of Timothy Harkness In Support of Motion for Admission Pro Hac Vice)(Savage, Joseph)
December 19, 2019 Filing 11 CORPORATE DISCLOSURE STATEMENT by Freshfields Bruckhaus Deringer US LLP. (Savage, Joseph)
December 19, 2019 Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Plaintiff Boston Executive Search Associates, Inc. (ESA) has filed this case against defendant Freshfields Bruckhaus Deringer US LLP (Freshfields) in federal court on the basis of complete diversity of citizenship between the parties, and thus bears the burden to establish that this court has subject matter jurisdiction over the controversy. For diversity purposes, "the citizenship of a limited liability company is 'determined by the citizenship of all of its members.'" D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 125 (1st Cir. 2011), quoting Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54 (1st Cir. 2006). Plaintiff's Complaint states that "Freshfields Bruckhaus Deringer US LLP is a New York limited liability partnership whose principal place of business is located at 601 Lexington Avenue, New York, New York 10022. It is the US affiliate of an international law firm based in the United Kingdom which employs over 2800 attorneys in 29 offices worldwide." Compl. 13. However, the Complaint does not identify the members of Freshfields and their citizenship and therefore, the court is unable to determine whether complete diversity exists between the parties. By Friday January 3, 2020, ESA must show cause that complete diversity exists between the parties and that this court has original subject matter jurisdiction in this case.(Zierk, Marsha)
December 18, 2019 Filing 9 CORPORATE DISCLOSURE STATEMENT by Boston Executive Search Associates, Inc.. (Salvesen, Douglas)
December 13, 2019 Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #7 Assented to MOTION for Extension of Time to January 24, 2020 to Answer or Otherwise Respond to the #1 Complaint. (Pacho, Arnold)
December 12, 2019 Filing 7 Assented to MOTION for Extension of Time to January 24, 2020 to Answer or Otherwise Respond to the Complaint by Freshfields Bruckhaus Deringer US LLP.(Savage, Joseph)
December 12, 2019 Filing 6 NOTICE of Appearance by Courtney D. Orazio on behalf of Freshfields Bruckhaus Deringer US LLP (Orazio, Courtney)
December 12, 2019 Filing 5 NOTICE of Appearance by Joseph F. Savage, Jr on behalf of Freshfields Bruckhaus Deringer US LLP (Savage, Joseph)
November 26, 2019 Filing 4 ACKNOWLEDGMENT OF SERVICE Executed by Boston Executive Search Associates, Inc.. Freshfields Bruckhaus Deringer US LLP served on 11/25/2019, answer due 12/16/2019. Acknowledgment filed by Boston Executive Search Associates, Inc.. (Salvesen, Douglas)
November 20, 2019 Filing 3 Summons Issued as to Freshfields Bruckhaus Deringer US LLP. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra)
November 20, 2019 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary)
November 19, 2019 Filing 1 COMPLAINT against Freshfields Bruckhaus Deringer US LLP Filing fee: $ 400, receipt number 0101-7978566 (Fee Status: Filing Fee paid), filed by Boston Executive Search Associates, Inc.. (Attachments: #1 Civil Cover Sheet)(Salvesen, Douglas) Modified docket text on 11/20/2019 (Burgos, Sandra).
November 19, 2019 Filing 1 COMPLAINT against Freshfields Bruckhaus Deringer US LLP Filing fee: $ 400, receipt number 0101-7978566 (Fee Status: Filing Fee paid), filed by Boston Executive Search Associates, Inc.. (Attachments: # 1 Civil Cover Sheet)(Salvesen, Douglas) Modified docket text on 11/20/2019 (Burgos, Sandra).

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Plaintiff: Boston Executive Search Associates, Inc.
Represented By: Douglas W. Salvesen
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Defendant: Freshfields Bruckhaus Deringer US LLP
Represented By: Courtney D. Orazio
Represented By: Timothy Harkness
Represented By: Joseph F. Savage, Jr.
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