FINN v. SS&C TECHNOLOGIES, INC.
| PATRICK FINN |
| SS&C TECHNOLOGIES, INC., JOHN DOES 1-10 and ABC CORPS. 1-10 |
| 2:2023cv00934 |
| February 17, 2023 |
| US District Court for the District of New Jersey |
| Stanley R Chesler |
| James B Clark |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 21
CONSENT ORDER that SS&Cs Motion to Seal the documents attached to the Declaration of Michael Megaw that were filed under seal is currently due to be filed with the Court on 4/11/2023. Finns Motion to Seal the documents attached to the Declaration of Patrick Finn that were filed under seal is also currently due to be filed wit h the Court on 4/11/2023; the Court has scheduled oral argument on SS&Cs motion for a Temporary Restraining Order (TRO) and Finns cross-motion to dismiss the First, Second, Fourth, Fifth and Sixth Claims of SS&Cs Verified Counterclaim for 4/18/2023; Counsel for the parties have agreed to extend SS&Cs time to file a Motion to Seal the documents attached to the Declaration of Michael Megaw that were filed under seal to within fourteen (14) days after oral argument of the motions referenced in Paragraph 2 of this Order, or 5/2/2023. The documents attached to the Declaration of Michael Megaw shall remain under temporary seal; Counsel for the parties have also agreed to extend Finns time to file a Motion to Seal the documents attached to the Declaration of Patrick Finn that were filed under seal to within fourteen (14) days after oral argument of the motions referenced in Paragraph 2 of this Order, or 5/2/2023. The documents attached to the Declaration of Patrick Finn shall remain under temporary seal. Signed by Judge Stanley R. Chesler on 4/10/2023. (sm)
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| Set/Reset Deadlines as to #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, #17 Cross MOTION to Dismiss Verified Counterclaim. TIME CHANGE & IN PERSON Motion set for 4/18/2023 10:00 AM before Judge Stanley R. Chesler. (tt, ) |
| Set/Reset Deadlines as to #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, #17 Cross MOTION to Dismiss Verified Counterclaim. Motion set for 4/18/2023 11:00 AM IN PERSON before Judge Stanley R. Chesler. (tt, ) |
| Filing 20 Letter from Loryn M. Lawson, Esq. re #17 Cross MOTION to Dismiss Verified Counterclaim, #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (BYRNES, JOHN) |
| Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 3/29/2023. (seb) |
| Set/Reset Deadlines as to #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, #17 Cross MOTION to Dismiss Verified Counterclaim. Motion set for 4/12/2023 10:00 AM before Judge Stanley R. Chesler. ORDERED ALL PARTIES TO APPEAR READY TO PROCEED. (tt, ) |
| Filing 19 RESPONSE in Support filed by SS&C TECHNOLOGIES, INC. re #17 Cross MOTION to Dismiss Verified Counterclaim, #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Declaration Declaration of D. Levy, #2 Exhibit Exhibit 1 to Declaration of D. Levy, #3 Exhibit Exhibit 2 to Declaration of D. Levy, #4 Exhibit Exhibit 3 to Declaration of D. Levy, #5 Exhibit Exhibit 4 to Declaration of D. Levy, #6 Exhibit Exhibit 5 to Declaration of D. Levy)(FLYNN, JAMES) |
| Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 3/22/2023. (seb) |
| Set Deadlines as to #17 Cross MOTION to Dismiss Verified Counterclaim. Motion set for 4/17/2023 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, ) |
| Filing 18 Exhibit to #17 Motion to Dismiss,,, by PATRICK FINN. (Attachments: #1 Exhibit D to the Declaration of Patrick Finn, #2 Exhibit E to the Declaration of Patrick Finn, #3 Exhibit F to the Declaration of Patrick Finn, #4 Exhibit G to the Declaration of Patrick Finn, #5 Exhibit H to the Declaration of Patrick Finn, #6 Exhibit I to the Declaration of Patrick Finn)(BYRNES, JOHN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 17 Cross MOTION to Dismiss Verified Counterclaim by PATRICK FINN. (Attachments: #1 Brief in Opposition to Request for TRO and in Support of Motion to Dismiss, #2 Declaration of Loryn Lawson, #3 Exhibit A to the Declaration of Loryn Lawson, #4 Exhibit B to the Declaration of Loryn Lawson, #5 Exhibit C to the Declaration of Loryn Lawson, #6 Exhibit D to the Declaration of Loryn Lawson, #7 Exhibit E to the Declaration of Loryn Lawson, #8 Exhibit F to the Declaration of Loryn Lawson, #9 Declaration Declaration of Patrick Finn, #10 Exhibit A to the Declaration of Patrick Finn, #11 Exhibit B to the Declaration of Patrick Finn, #12 Exhibit J to the Declaration of Patrick Finn, #13 Text of Proposed Order)(BYRNES, JOHN) |
| Filing 16 NOTICE of Appearance by JOHN F BYRNES on behalf of PATRICK FINN (BYRNES, JOHN) |
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Filing 15
LETTER ORDER Scheduling a Telephone Status Conference with the parties in this matter on 3/22/2023 at 10:30 AM; Counsel for Defendant shall initiate the call. Signed by Magistrate Judge James B. Clark on 3/20/2023. (jd, )
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Filing 14
LETTER ORDER Scheduling a Telephone Status Conference set for 3/29/2023 at 2:00 PM, and Counsel for plaintiff shall initiate the call; Directing the Plaintiff to provide Defendant with a log of emails/documents during relevant period, by 3/22/2023; Directing the parties to meet and confer by no later than 3/29/2023. Signed by Magistrate Judge James B. Clark on 3/15/2023. (jd, )
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| Minute Entry for proceedings held before Magistrate Judge James B. Clark: Settlement Conference held on 3/15/2023. (Court Reporter, Zoom) (seb) |
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Filing 13
CONSENT ORDER Directing Counsel for the parties to contact Magistrate Judge Clark's Chambers for the purpose of setting a scheduling Conference to determine a schedule to expedite discovery.The documents attached to the Declaration of Michael Megaw shall remain temporarily under seal; SS&C shall file a Motion to Seal those documents within fourteen (14) days after SS&C files its reply papers. Signed by Judge Stanley R. Chesler on 3/10/2023. (jd, )
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Filing 12
LETTER ORDER Scheduling the Settlement Conference set for 3/15/2023 at 2:00 PM. The parties are to submit separate confidential ex parte settlement position papers not to exceed five (5) pages, by no later than 3/13/2023. Such letters are not to be filed, but are to be sent directly to Chambers via email. Signed by Magistrate Judge James B. Clark on 3/8/2023. (jd, )
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| Filing 11 Minute Entry for proceedings held before Judge Stanley R. Chesler: VIA ZOOM Status Conference on the Record regarding Defendants Emergency Motion or Temporary Restraining Order and Preliminary Injunction by SS&C Technologies, IncCounsel shall work out their submission schedule with a tentative return date set for 4/3/2023.Counsel is directed to contact Magistrate Clarks Chambers for a settlement conference/expedited discovery schedule for reasons stated on the record. (Court Reporter, Nicole Sesta (973-963-5950)) (tt, ) |
| Filing 10 NOTICE of Appearance by YAEL MIRIAM SPIEWAK on behalf of SS&C TECHNOLOGIES, INC. (SPIEWAK, YAEL) |
| Filing 9 NOTICE of Appearance by DANIEL ROBERT LEVY on behalf of SS&C TECHNOLOGIES, INC. (LEVY, DANIEL) |
| Set Deadlines as to #6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Motion set for 4/3/2023 before Judge Stanley R. Chesler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The #8 Notice of Appearance submitted by SEAN F. BYRNES on 3/2/2023 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jd, ) Modified on 3/3/2023 (jd, ). |
| Filing 8 NOTICE of Appearance by SEAN F. BYRNES on behalf of PATRICK FINN (BYRNES, SEAN) |
| Filing 7 Exhibit to #6 Motion for TRO, and Preliminary Injunction by SS&C TECHNOLOGIES, INC.. (Attachments: #1 Exhibit Exhibit C, #2 Exhibit Exhibit D, #3 Exhibit Exhibit E, #4 Exhibit Exhibit F, #5 Exhibit Exhibit G, #6 Exhibit Exhibit H, #7 Exhibit Exhibit I, #8 Exhibit Exhibit J)(FLYNN, JAMES)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 6 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by SS&C TECHNOLOGIES, INC.. (Attachments: #1 Brief Brief In Support of Motion, #2 Text of Proposed Order Proposed Form of Order, #3 Declaration Declaration of J. Flynn with Exhibits, #4 Summons Declaration of M. Megaw, #5 Exhibit Exhibit A, #6 Exhibit Exhibit B)(FLYNN, JAMES) |
| Filing 5 ANSWER to Complaint , COUNTERCLAIM against PATRICK FINN by SS&C TECHNOLOGIES, INC.. (Attachments: #1 Exhibit Exhibit 1, #2 Verification)(FLYNN, JAMES) |
| Filing 4 AMENDED DOCUMENT by SS&C TECHNOLOGIES, INC.. Amendment to QC - Lack of Diversity Statement,, #2 Corporate Disclosure Statement (aty) . (FLYNN, JAMES) |
| Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SS&C TECHNOLOGIES, INC. has been GRANTED. The answer due date has been set for 3/10/2023. (jd, ) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (jd, ) |
| CASE REFERRED to Arbitration. (ak, ) |
| Case Assigned to Judge Stanley R. Chesler and Magistrate Judge James B. Clark. (ak, ) |
| Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer as to SS&C Technologies, Inc.. Attorney JAMES P. FLYNN for SS&C TECHNOLOGIES, INC. added. (FLYNN, JAMES) |
| Filing 2 Corporate Disclosure Statement by SS&C TECHNOLOGIES, INC.. (FLYNN, JAMES) |
| Filing 1 NOTICE OF REMOVAL by SS&C TECHNOLOGIES, INC. from Morris County Superior Court, case number MRS-L-176-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14047707), filed by SS&C TECHNOLOGIES, INC.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 Exhibit C to Notice of Removal, #4 Exhibit D to Notice of Removal, #5 Civil Cover Sheet, #6 Certificate of Service)(FLYNN, JAMES) Modified on 2/21/2023 (jd, ). |
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