UPS World Wide Forwarding, Inc. v. Kenan
| UPS World Wide Forwarding, Inc. |
| Shahar Kenan |
| 1:2018cv06046 |
| October 29, 2018 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James Orenstein |
| Other Statutes: Arbitration |
| 09 U.S.C. ยง 1 U.S. Arbitration Act |
| None |
Docket Report
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| Filing 13 Letter Regarding Matter Pending in Israel by UPS World Wide Forwarding, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaufman, Jessica) |
Filing 12
ORDER OF CIVIL CONTEMPT: IT IS HEREBY ORDERED, that UPS' motion for civil contempt against Respondent Shahar Kenan is GRANTED; IT IS FURTHER ORDERED, that Respondent Kenan is found to be in contempt of Court for violating the TRO; and IT IS FURTHER ORDERED, that Respondent Kenan shall pay a civil sanction in the amount of $500 per day from November 7, 2018, the date Respondent violated the TRO, until November 9, 2018, the date of the hearing on Petitioner's application for an anti-suit injunction; and IT IS FURTHER ORDERED, that Respondent Kenan shall also pay a further civil sanction in the amount of $500 per day from the date of service of the Injunction Order until he has fully complied with the Injunction Order. Ordered by Judge Margo K. Brodie on 11/14/2018. (Brucella, Michelle)
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Filing 11
PRELIMINARY INJUNCTION ORDER: IT IS HEREBY ORDERED, that Petitioner UPS' petition to compel arbitration and for an anti-suit injunction is GRANTED; ORDERED, that Respondent Shahar Kenan and all those in participation with him or any of their officers, agents, servants, employees, or attorneys, are PRELIMINARILY RESTRAINED and ENJOINED, pending the disposition of the arbitration currently before the American Arbitration Association, from commencing or prosecuting any action or proceeding, in Israel or elsewhere, concerning Respondent's shipment of goods from Brooklyn, New York via UPS, including the action initiated in the Tel Aviv-Jaffa District Court captioned Kenan v. United Parcel Service, Inc. under class action reference 27205-05-18. (See Order for further details.) Ordered by Judge Margo K. Brodie on 11/14/2018. (Brucella, Michelle)
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| Filing 10 NOTICE of Appearance by Tiffani B Figueroa on behalf of UPS World Wide Forwarding, Inc. (aty to be noticed) (Figueroa, Tiffani) |
| Minute Entry for proceedings held before Judge Margo K. Brodie: Hearing on petitioners request for an anti-suit injunction, and order of civil contempt against respondent held on November 9, 2018. Jessica Kaufman, David Fioccola, and Tiffani Figueroa appeared on behalf of petitioner, UPS World Wide Forwarding, Inc. (UPS). Respondent failed to appear. For the reasons stated on the record, the Court granted UPS's request for an anti-suit injunction. In addition, the Court found respondent in civil contempt for having violated the temporary restraining order issued by the Court on October 29, 2018. The Court also granted UPS' application for attorneys' fees for the cost of the civil contempt motion. UPS will submit documentation of its legal fees for the civil contempt motion. Tiffani Figueroa is directed to enter a notice of appearance. (Court Reporter Georgette Betts.) (Morel, Christopher) |
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ORDER granting #9 Motion for Pre Motion Conference. The Court will hear the parties on petitioner's proposed motion for civil contempt against respondent during the hearing tomorrow, November 9, 2018 at 11:00 AM. Ordered by Judge Margo K. Brodie on 11/8/2018. (Morel, Christopher)
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| Filing 9 Letter MOTION for pre motion conference re #7 Order to Show Cause,,,,, ; Request for Pre-Motion Conference Regarding Proposed Motion for Civil Contempt by UPS World Wide Forwarding, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Kaufman, Jessica) |
| Filing 8 NOTICE OF SECURITY POSTED, Receipt No. 4653133801, $5,000 by UPS as per #7 Order to Show Cause. (Lee, Tiffeny) |
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Filing 7
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: It is hereby ORDERED that Respondent Shahar Kenan ("Respondent") show cause at a hearing to be held in this Court, before the Honorable Margo K. Brodie, United States District Judge of the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 on November 9, 2018, at 11:00 AM, or as soon thereafter as counsel may be heard, why an order should not be issued: i. granting Petitioner UPS Worldwide Forwarding, Inc. ("UPS") a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure and the Court's inherent powers, enjoining and restraining Respondent and all those in participation with him or any of their officers, agents, servants, employees or attorneys, from commencing or prosecuting any action or proceeding, in Israel or elsewhere, concerning Respondent's shipment of goods via UPS; ii. compelling Respondent to arbitrate his purported claims against UPS in an arbitration located in New York; and iii. compelling Respondent to dismiss, or cause to be dismissed, the proceedings he initiated in the Tel Aviv-Jaffa District Court captioned Kenan v. United Parcel Service, Inc. under class action reference 27205-05-18 (the "Israel Action"). (See attached Order for further details.) Ordered by Judge Margo K. Brodie on 10/29/2018. (Brucella, Michelle)
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| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 5 MEMORANDUM in Support re #2 Unsigned Order to Show Cause filed by UPS World Wide Forwarding, Inc.. (Davis, Kimberly) |
| Filing 4 DECLARATION of Jessica L. Kaufman by UPS World Wide Forwarding, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Davis, Kimberly) |
| Filing 3 DECLARATION Of Greg A. Pyne re #2 Unsigned Order to Show Cause by UPS World Wide Forwarding, Inc. (Davis, Kimberly) |
| Filing 2 Unsigned Order to Show Cause by UPS World Wide Forwarding, Inc. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Shahar Kenan, filed by UPS World Wide Forwarding, Inc.. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| CIVIL CASE FILING FEE: $ 400, receipt number ANYEDC-10884824 (Fioccola, David) |
| The case of UPS Worldwide Forwarding, Inc. v. Kenan, has been opened in the Eastern District of New York. The case number is 18-cv-6046. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) |
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| Petitioner: UPS World Wide Forwarding, Inc. | |
| Represented By: | David John Fioccola |
| Represented By: | Jessica Kaufman |
| Represented By: | Tiffani B Figueroa |
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| Respondent: Shahar Kenan | |
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