Spectra Medical Devices, LLC v. Arrigo et al
| Spectra Medical Devices, LLC |
| Anthony Charles Arrigo, Anthony Edward Arrigo, Agustin Turriza, Arrigo Medical, LLC and Stella Consulting, LLC |
| 1:2022cv11796 |
| October 21, 2022 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Defend Trade Secrets Act (of 2016) |
| Defendant |
Docket Report
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| Filing 34 CORPORATE DISCLOSURE STATEMENT by Arrigo Medical, LLC. (Croft, Bradley) |
| Filing 33 Defendants Anthony Charles Arrigo, Anthony Edward Arrigo, and Arrigo Medical, LLC's ANSWER to #1 Complaint, with Jury Demand by Arrigo Medical, LLC.(Croft, Bradley) |
| Filing 32 STIPULATION of Dismissal with Prejudice as to Defendants Agustin Turriza and Stella Consulting, Inc by Spectra Medical Devices, LLC. (Papenhausen, Lauren) |
| Filing 31 NOTICE of Appearance by David H. Rich on behalf of Anthony Edward Arrigo, Anthony Charles Arrigo, Arrigo Medical, LLC (Rich, David) |
| Filing 30 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has reviewed Defendants motion for clarification regarding its Order on the expedited discovery requested by Spectra, [ECF No. #28 (motion); ECF No. 27 (Order)], and Spectras response, [ECF No. #29 ]. In the interests of fairness and efficiency, the Court will allow both parties to serve their discovery requests now, in advance of a Rule 26(f) conference, and will not limit the subject matter of the discovery requested. This, however, does not affect the Defendants deadline under Fed. R. Civ. P. 12 to answer the complaint or file a Rule 12 motion.(McManus, Caetlin) |
| Filing 29 Opposition re #28 MOTION for Clarification re 27 Order on Motion to Expedite filed by Spectra Medical Devices, LLC. (Papenhausen, Lauren) Docket text modified on 10/31/2022 (McManus, Caetlin). |
| Filing 28 MOTION for Clarification re 27 Order on Motion to Expedite by Stella Consulting, LLC, Agustin Turriza.(Riden, Stephen) Docket text modified on 10/31/2022 (McManus, Caetlin). |
| Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff (Spectra) has filed an emergency motion to expedite discovery under Fed. R. Civ. P. 26(d)(1) seeking leave to serve its (1) Rule 34 document requests and (2) Rule 30 deposition notices on Defendants forthwith, ahead of the Rule 26(f) conference. [ECF No. #22 ]. Spectra does not seek to shorten the time to respond to these discovery requests but only seeks leave to serve these requests early. [Id. at 2].A district court may expedite the discovery process if a party moves for expedition and shows good cause. KPM Analytics N.A. v. Blue Sun Sci., LLC., 540 F. Supp. 3d 145, 146 (D. Mass. 2021). [G]ood cause for expedited discovery exists if the request is reasonable... in light of all the circumstances, when considering the purpose for the discovery, the ability of the discovery to preclude demonstrated irreparable harm, the plaintiffs likelihood of success on the merits, the burden of discovery on the defendant, and the degree of prematurity. Id. (quoting Momenta Pharm., Inc. v. Teva Pharm. Indus. Ltd., 765 F. Supp. 2d 87, 89 (D. Mass. 2011)). A pending motion for a preliminary injunction weighs in favor of granting a motion for expedited discovery but does not automatically warrant such relief. Wilcox Indus. Corp. v. Hansen, 279 F.R.D. 64, 68 (D.N.H. 2012); see alsoMomenta Pharms., 765 F. Supp. 2d at 89.As grounds for its motion Spectra asserts that it risks near-term and irreparable harm due to Defendants (1) demonstrated efforts to violate non-competition and non-solicitation covenants; (2) misappropriation of Spectras trade secrets; and (3) destruction of evidence. See [ECF No. #23 ]. Spectra contends that Defendants (former Spectra employees) have already downloaded a significant amount of data from their company devices onto external hard drives, have wiped data from company-owned devices, and have deleted tens of thousands of emails from their Spectra email accounts, some of which occurred even after Defendants received notices to preserve documents. [ECF No. #23 at 48 ]. Moreover, according to Spectra, Defendants have already started new competing businesses and contacted Spectras customers. [Id.]Spectra adds that this expedited discovery is needed so it may pursue a preliminary injunction to enforce Defendants non-competition and non-solicitation clauses, relief which the existing Stipulated Preliminary Injunction does not provide. [ECF No. #23 at 2; ECF No. #20 ]. The Court finds that Spectra had demonstrated good cause to serve the two discovery requests on an expedited basis. The motion, [ECF No. #22 ], is GRANTED. (McManus, Caetlin) |
| Filing 26 NOTICE of Appearance by Roger L. Smerage on behalf of Anthony Edward Arrigo, Anthony Charles Arrigo, Arrigo Medical, LLC (Smerage, Roger) |
| Filing 25 NOTICE of Appearance by Bradley L. Croft on behalf of Anthony Edward Arrigo, Anthony Charles Arrigo, Arrigo Medical, LLC (Croft, Bradley) |
| Filing 24 NOTICE of Appearance by Stephen D. Riden on behalf of Stella Consulting, LLC, Agustin Turriza (Riden, Stephen) |
| Filing 23 MEMORANDUM in Support re #22 Emergency MOTION to Expedite Discovery filed by Spectra Medical Devices, LLC. (Papenhausen, Lauren) |
| Filing 22 Emergency MOTION to Expedite Discovery by Spectra Medical Devices, LLC.(Papenhausen, Lauren) |
| Filing 21 ELECTRONIC NOTICE Canceling 11/2/22 Motion Hearing on Motion for Preliminary Injunction. (Folan, Karen) |
| Filing 20 Judge Allison D. Burroughs: ORDER entered APPROVING #19 Stipulation and Order on Motion for Preliminary Injunction filed by Spectra Medical Devices, LLC. (Folan, Karen) |
| Filing 19 STIPULATION and Proposed Order on Plaintiff's Preliminary Injunction #5 by Spectra Medical Devices, LLC. (Papenhausen, Lauren) |
| Filing 18 SUMMONS Returned Executed Agustin Turriza served on 10/22/2022, answer due 11/14/2022. (Papenhausen, Lauren) |
| Filing 17 SUMMONS Returned Executed Anthony Charles Arrigo served on 10/23/2022, answer due 11/14/2022. (Papenhausen, Lauren) |
| Filing 16 SUMMONS Returned Executed Stella Consulting, LLC served on 10/24/2022, answer due 11/14/2022. (Papenhausen, Lauren) |
| Filing 15 SUMMONS Returned Executed Arrigo Medical, LLC served on 10/24/2022, answer due 11/14/2022. (Papenhausen, Lauren) |
| Filing 14 SUMMONS Returned Executed Anthony Edward Arrigo served on 10/23/2022, answer due 11/14/2022. (Papenhausen, Lauren) |
| Filing 13 ELECTRONIC NOTICE Setting Hearing on Motion for Preliminary Injunction. Motion Hearing set for 11/2/2022 12:00 PM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 12 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing held on 10/21/2022. Colloquy re: ex parte motion for TRO. Court allows motion and order will issue. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Papenhausen) (Folan, Karen) |
| Filing 11 Judge Allison D. Burroughs: TEMPORARY RESTRAINING ORDER entered. (Folan, Karen) |
| Filing 10 DECLARATION of Tara Brady re #5 MOTION for Temporary Restraining Order and Preliminary Injunction. (Folan, Karen) |
| Filing 9 DECLARATION of Michael Meeks re #5 MOTION for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit)(Folan, Karen) |
| Filing 8 DECLARATION of Daniel Medici re #5 MOTION for Temporary Restraining Order and preliminary injunction. (Folan, Karen) (Additional attachment(s) added on 10/21/2022: #1 Exhibit) (Folan, Karen). |
| Filing 7 DECLARATION of Chad Nikel re #5 MOTION for Temporary Restraining Order. (Attachments: #1 Exhibit)(Folan, Karen) |
| Filing 6 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and for preliminary injunction filed by Spectra Medical Devices, LLC. (Folan, Karen) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by Spectra Medical Devices, LLC. (Attachments: #1 Proposed Order)(Folan, Karen) |
| Filing 4 Summons Issued as to Anthony Edward Arrigo, Anthony Charles Arrigo, Arrigo Medical, LLC, Stella Consulting, LLC, Agustin Turriza. 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. (Dore, Samantha) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Judith G. Dein. (Finn, Mary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Spectra Medical Devices, LLC identifying Corporate Parent NQ PE Project Hogan Midco., Inc. for Spectra Medical Devices, LLC.. (Papenhausen, Lauren) |
| Filing 1 COMPLAINT against Stella Consulting, LLC, Agustin Turriza, Anthony Edward Arrigo, Anthony Charles Arrigo, Arrigo Medical, LLC Filing fee: $ 402, receipt number AMADC-9552531 (Fee Status: Filing Fee paid), filed by Spectra Medical Devices, LLC. (Attachments: #1 Appendix A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Errata 4, #6 Civil Cover Sheet, #7 Category Form)(Papenhausen, Lauren) |
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