Perficient, Inc. v. Gupta
Plaintiff: Perficient, Inc.
Defendant: Pawan Gupta
Case Number: 4:2021cv00759
Filed: June 23, 2021
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Henry Edward Autrey
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2021 Opinion or Order Filing 23 Docket Text ORDER Re: #22 MOTION to Stipulation to Dismiss without Prejudice by Defendant Pawan Gupta. (Reh, Matthew) Modified on 7/15/2021 (MCB). filed by Pawan Gupta ; SO ORDERED. Signed by District Judge Henry Edward Autrey on July 15, 2021. (MCB)
July 14, 2021 Filing 22 MOTION to Stipulation to Dismiss without Prejudice by Defendant Pawan Gupta. (Reh, Matthew) Modified on 7/15/2021 (MCB).
July 14, 2021 Opinion or Order Filing 21 CONSENT PERMANENT INJUNCTION. (See Full Document.) IT IS HEREBY ORDERED that Gupta is enjoined from: (1) soliciting or contacting for any purpose (other than in his capacity as an individual consumer) any of those companies listed on Appendix A to this Consent Permanent Injunction through and until June 25, 2022, including, but not limited to, for the purposes of selling Blue Yonder, Inc.'s software products; and (2) performing any work, task, or other employment-related service on behalf of Blue Yonder, Inc. or any other competitor of Perficient in relation to the sale of order management system ("OMS") implementation services or OMS strategy consulting services through and until June 25, 2022, provided, however, that except as provided in item (1) above, it shall not be a violation of this Consent Permanent Injunction for Gupta to solicit any person or company for the purposes of selling Blue Yonder, Inc.'s software and SaaS products. Signed by District Judge Henry Edward Autrey on 7/14/2021. (Attachments: #1 Appendix A)(CBL)
July 13, 2021 Filing 20 Joint MOTION for Permanent Injunction by Defendant Pawan Gupta. (Attachments: #1 Text of Proposed Order Consent Permanent Injunction)(Reh, Matthew)
July 13, 2021 Filing 19 TRANSCRIPT of 12 (TEMPORARY RESTRAINING ORDER HEARING) held on June 30, 2021 before Judge Henry E. Autrey. Court Reporter/Transcriber Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978. 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 8/3/2021. Redacted Transcript Deadline set for 8/13/2021. Release of Transcript Restriction set for 10/12/2021. (MCB)
July 12, 2021 Filing 18 TRANSCRIPT ORDER REQUEST for 12 (MOTION HEARING) by Pawan Gupta for proceedings held on 06/30/2021 court reporter Angela Daley before Judge Autrey.. (Reh, Matthew) Modified on 7/13/2021 - emailed A. Daley, court reporter, this date. (MCB).
July 9, 2021 Opinion or Order Filing 17 Docket Text ORDER: Re: #16 MOTION for Leave to Appear Pro Hac Vice Daniel B. Pasternak. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8744622) by Defendant Pawan Gupta. (Attachments: # 1 Certificate of Good Standing Good Standing Certificate from the Supreme Court of Arizona)(Pasternak, Daniel) filed by Pawan Gupta ; GRANTED. SO ORDERED. Signed by District Judge Henry Edward Autrey on July 9, 2021. (MCB)
July 8, 2021 Filing 16 MOTION for Leave to Appear Pro Hac Vice Daniel B. Pasternak. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8744622) by Defendant Pawan Gupta. (Attachments: #1 Certificate of Good Standing Good Standing Certificate from the Supreme Court of Arizona)(Pasternak, Daniel)
July 8, 2021 Filing 15 TRANSCRIPT ORDER REQUEST for 12 (Temporary Restraining Order) Hearing by Perficient, Inc. for proceedings held on June 30, 2021 court reporter Angela K. Daley before Judge Henry E. Autrey.. (Wesselschmidt, Benjamin) Modified on 7/9/2021 - Email A. Daley this date. (MCB).
July 6, 2021 Opinion or Order Filing 14 OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's motion for a temporary restraining order [Doc. No. 3] is GRANTED. Defendant Pawan Defendant is hereby: a. Enjoined from or performing any work, task, or other employment-related service on behalf of Blue Yonder in relation to OMS consulting and strategy services or any other services competitive to the duties he performed at Plaintiff; b. Enjoined from being employed by or performing any work, task or other employment-related service on behalf of any other competitor of Plaintiff in relation to OMS consulting and strategy services or any other services competitive to the duties he performed at Plaintiff; c. Enjoined from directly or indirectly contacting or soliciting any person or company that was a customer or had been solicited by Plaintiff as a potential customer of Plaintiff for a twenty-month period prior to Defendant's resignation; d. Enjoined from directly or indirectly contacting or soliciting any person that was any employee, contractor, or consultant of Plaintiff or any subsidiary at the time of Defendant's resignation; e. Enjoined from taking any action which might induce any business or person dealing with Plaintiff to cease dealing with Plaintiff, reduce its level of business with Plaintiff, or otherwise begin dealing with someone other than Plaintiff. This Temporary Restraining Order shall expire on July 15, 2021, at 10:30, unless otherwise extended by this Court in the courtroom of the undersigned. The hearing on Plaintiff's Motion for a Preliminary Injunction is set for 10:30 a.m. on the 15th day of July, 2021 in the courtroom of the undersigned.Pursuant to the parties agreement, no bond shall be required. ( Hearing on Motion for Preliminary Injunction set for 7/15/2021 10:30 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey.) Signed by District Judge Henry Edward Autrey on July 6, 2021. (MCB)
June 30, 2021 Filing 13 WAIVER OF SERVICE Returned Executed filed by Perficient, Inc. Pawan Gupta waiver signed on 6/29/2021, answer due 8/30/2021. (Wesselschmidt, Benjamin)
June 30, 2021 Filing 12 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Henry Edward Autrey: TRO Hearing held on 6/30/2021 in courtroom 10N. Parties present. Oral argument heard from both sides re #3 MOTION for Temporary Restraining Order and Preliminary Injunctionfiled by Perficient, Inc.; Matter taken under submission by the court. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 11:09 am) (proceedings ended: 12:18 pm) (Deputy Clerk: E. Brown)(Appearance for Plaintiff: Benjamin Wesselschmidt, Lyndon Sommer)(Appearance for Defendant: Matthew Reh, Ida Shafaie) (EAB)
June 30, 2021 Filing 11 ENTRY of Appearance by Lyndon P. Sommer for Plaintiff Perficient, Inc.. (Sommer, Lyndon)
June 29, 2021 Filing 10 MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendant Pawan Gupta. (Attachments: #1 Attachment Declaration of Pawan Gupta, #2 Exhibit Gupta Decl Ex A - Email dtd March 3, 2021 at 4:50 PM, #3 Exhibit Gupta Decl Ex B - Contractor Services Agreement, #4 Exhibit Gupta Decl Ex C - Email dtd March 4, 2021 5:00 PM, #5 Exhibit Gupta Decl Ex D - Email dtd March 22, 2021 4:01 PM, #6 Exhibit Gupta Decl Ex E - Email dtd March 24, 2021 3:35 PM, #7 Exhibit Gupta Decl Ex F - Email dtd March 29, 2021 3:44 PM, #8 Exhibit Gupta Decl Ex G - Email dtd March 30, 2021 2:10 PM)(Reh, Matthew)
June 25, 2021 Opinion or Order Filing 9 Docket Text ORDER: IT IS HEREBY ORDERED that this matter is set for Hearing on Plaintiff's Motion for Temporary Restraining Order and Motion for Bond on Wednesday, June 30, 2021 at 11:00 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 6/25/21. (EAB)
June 25, 2021 Filing 8 ENTRY of Appearance by Matthew J. Reh for Defendant Pawan Gupta. (Reh, Matthew)
June 25, 2021 Filing 7 ENTRY of Appearance by Ida S. Shafaie for Defendant Pawan Gupta. (Shafaie, Ida)
June 24, 2021 Filing 6 NOTICE OF PROCESS SERVER by Plaintiff Perficient, Inc. Process Server: HPS PROCESS SERVICE & INVESTIGATIONS (Wesselschmidt, Benjamin)
June 24, 2021 Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Benjamin R. Wesselschmidt. Judge Assigned: U.S. District Judge Henry E. Autrey. (BAK)
June 23, 2021 Filing 5 NOTICE Requesting Hearing: by Plaintiff Perficient, Inc. re #3 MOTION for Temporary Restraining Order and Preliminary Injunction (Wesselschmidt, Benjamin)
June 23, 2021 Filing 4 MOTION for Bond by Plaintiff Perficient, Inc.. (Wesselschmidt, Benjamin)
June 23, 2021 Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Perficient, Inc.. (Attachments: #1 Attachment Memorandum in support of Motion for TRO and Preliminary Injunction, #2 Attachment Proposed Order for Temporary Restraining Order)(Wesselschmidt, Benjamin)
June 23, 2021 Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Perficient, Inc... (Wesselschmidt, Benjamin)
June 23, 2021 Filing 1 COMPLAINT VERIFIED COMPLAINT against defendant Pawan Gupta with receipt number AMOEDC-8719157, in the amount of $402 Non-Jury Demand,, filed by Perficient, Inc.. (Attachments: #1 Exhibit 1A - Restricted Stock Award and Non-Competition Agreement, #2 Exhibit 1B - Restricted Stock Award and Non-Competition Agreement, #3 Exhibit 1C - Restricted Stock Award and Non-Competition Agreement, #4 Exhibit 1D - Restricted Stock Award and Non-Competition Agreement, #5 Exhibit 1E - Restricted Stock Award and Non-Competition Agreement, #6 Exhibit 1F - Restricted Stock Award and Non-Competition Agreement, #7 Exhibit 1G - Restricted Stock Award and Non-Competition Agreement, #8 Exhibit 2 - Confidentiality and Intellectual Property Assignment Agreement, #9 Exhibit 3 - LinkedIn, #10 Exhibit 4 - Email dated May 19, 2021, #11 Exhibit 5 - Letter dated June 10, 2021, #12 Exhibit 6 - Transcription of Voice Mail Message, #13 Exhibit 7 - Letter dated June 11, 2021, #14 Exhibit 8 - Letter dated June 16, 2021, #15 Exhibit 9 - Email dated June 17, 2021, #16 Civil Cover Sheet, #17 Original Filing Form, #18 Summons )(Wesselschmidt, Benjamin)

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Plaintiff: Perficient, Inc.
Represented By: Benjamin R. Wesselschmidt
Represented By: Lyndon P. Sommer
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Defendant: Pawan Gupta
Represented By: Daniel Pasternak
Represented By: Ida S. Shafaie
Represented By: Matthew J. Reh
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