Bedding Acquisition, LLC v. Deliberti et. al.
| Bedding Acquisition, LLC |
| Hector Torres, William Deliberti and 4earth, LLC |
| Pegasus Home Fashions, Inc. |
| 2:2019cv05879 |
| October 17, 2019 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| A Kathleen Tomlinson |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 27, 2019. A more recent docket listing may be available from PACER.
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ORDER regarding #42 : Based on the information presented in #42 Plaintiff's letter, all discovery deadlines will be held in abeyance until further advised by the Court. The parties are directed to file a joint status report no later than December 16, 2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/27/2019. (Ameri, Mana)
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| Filing 42 Letter Advising Court Matter Has Been Settled by Bedding Acquisition, LLC (Muzumdar, Heather) |
| Filing 41 Letter from K. L. Moskowitz, Esq. by 4earth, LLC, Pegasus Home Fashions, Inc. (Attachments: #1 Declaration Revised Declaration of C. Spinella) (Shapiro, Michele-Lee) |
| Filing 40 Letter from A. Ross Pearlson Regarding Opposition to Preliminary Injunction by Hector Torres (Attachments: #1 Declaration of Hector Torres) (Pearlson, A.) |
| Filing 39 MOTION for Refund of Fees Paid Electronically by 4earth, LLC, Pegasus Home Fashions, Inc.. (Attachments: #1 Exhibit Receipt for $150 paid in error, #2 Exhibit Copy of Docket Entry confirming $150 payment made in error) (Shapiro, Michele-Lee) |
| Filing 38 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 11/14/2019. A Discovery Conference will be held on January 21, 2020 at 2:00 P.M. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana) |
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Minute Entry for proceedings held before Judge Denis R. Hurley: Hearing held on 11/8/2019 re Order to show cause and motion to expedite discovery. After argument, the Court granted expedited discovery and referred such discovery to Judge Tomlinson to oversee. In addition the Court set the following briefing schedule for defendants' proposed motion to dismiss: moving papers to be served November 18, 2019; opposing papers to be served November 27, 2019; reply papers to be served and all papers to be filed with the Court, including a courtesy copy for Chambers, on December 6, 2019. Defendants' answers to the complaint to be filed fourteen (14) days after the motion to dismiss is decided. So Ordered by Judge Denis R. Hurley. (Court Reporter Dom Tursi.) (Gapinski, Michele)
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ORDER terminating #36 Motion to Expedite: See minute entry for November 8, 2019. Ordered by Judge Denis R. Hurley on 11/8/2019. (Gapinski, Michele)
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SCHEDULING ORDER: In light of Judge Hurley's Order dated November 8, 2019 granting #36 Plaintiff's motion to expedite discovery and referring discovery to the undersigned, the Court is setting this case down for a Telephone Status Conference on November 14, 2019 at 3:45 P.M. Plaintiff's counsel is directed to initiate the call to Chambers at 631-712-5760 with opposing counsel on the line. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/8/2019. (Ameri, Mana)
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| Motions terminated, docketed incorrectly: #37 MOTION to Expedite Discovery filed by Bedding Acquisition, LLC. DE 37 Motion has been terminated as per Chambers request. Counsel filed the same motion papers twice. Please see DE 36 for motion. (Cubano, Jazmin) |
| Filing 37 Duplicate filing of DE #36 MOTION to Expedite Discovery by Bedding Acquisition, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Muzumdar, Heather) Modified on 11/8/2019 (Cubano, Jazmin). |
| Filing 36 MOTION to Expedite Discovery by Bedding Acquisition, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Muzumdar, Heather) |
| Filing 35 MEMORANDUM in Support re #7 Unsigned Order to Show Cause,,, filed by Bedding Acquisition, LLC. (Attachments: #1 Declaration) (Muzumdar, Heather) |
| Incorrect Case/Document/Entry Information re #34 : The document filed at 34 is the notice of appearance for counsel, which was also filed at DE 33. The Court will disregard DE #34 as it is not a prisoner authorization and counsel's pro hac admission fee was already paid as of 10/29/2019, DE #22 . Counsel was informed that she should file a Motion for Refund of Fees Paid Electronically. (Cubano, Jazmin) |
| Filing 34 Prisoner Authorization not applicable, PRO HAC VICE FILING FEE: re #22 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11989659. $ 150, receipt number ANYEDC-12019547 (Shapiro, Michele-Lee) |
| Filing 33 NOTICE of Appearance by Michele-Lee Shapiro on behalf of 4earth, LLC, Pegasus Home Fashions, Inc. (notification declined or already on case) (Shapiro, Michele-Lee) |
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ORDER granting #23 Motion for Leave to File Excess Pages nunc pro tunc. Ordered by Judge Denis R. Hurley on 11/6/2019. (Hoon, Megha)
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. The Court has received and reviewed counsel's original certificate of good standing. Counsel is directed to register for ECF within two (2) weeks. Registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, counsel shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/6/2019. (Ameri, Mana)
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| Filing 32 NOTICE of Appearance by Scott Craig Hollander on behalf of Hector Torres (aty to be noticed) (Hollander, Scott) |
| Filing 31 AFFIDAVIT of Service for Order to Show Cause for Temporary Restraining Order & Preliminary Injunction and Supporting Documents served on Hector Torres, c/o Ross Pearlson on 10/25/2019, filed by Bedding Acquisition, LLC. (Kazan, Barry) |
| Filing 30 SUMMONS Returned Executed by Bedding Acquisition, LLC. Hector Torres served on 10/25/2019, answer due 11/15/2019. (Kazan, Barry) |
| Filing 29 REPLY in Opposition re #8 Order to Show Cause,,, Temporary Restraining Order,,, Preliminary Injunction,, filed by Hector Torres. (Attachments: #1 Declaration Declaration of A.Ross Pearlson in Opposition to Plaintiff's Application for Preliminary Injunctive Relief, #2 Declaration Declaration of Carmine Spinella in Opposition to Plaintiff's Application for Preliminary Injunctive Relief, #3 Declaration Declaration of Hector Torres in Opposition to Plaintiff's Application for Preliminary Injunctive Relief, #4 Declaration Declaration of Stephen Spinella in Opposition to Plaintiff's Application for Preliminary Injunctive Relief, #5 Declaration Declaration of William Deliberti in Opposition to Plaintiff's Application for Preliminary Injunctive Relief, #6 Exhibit Exhibit A to William Deliberti's Declaration, #7 Exhibit Exhibit B to William Deliberti's Declaration) (Pearlson, A.) |
| Filing 28 Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Divisional Office Manager, on 11/1/2019. |
| Filing 27 MOTION for Refund of Fees Paid Electronically by 4earth, LLC, Pegasus Home Fashions, Inc.. (Attachments: #1 Exhibit First receipt for $150 fee charged in error, #2 Exhibit Second receipt for $150 fee charged in error) (Moskowitz, Kenneth) |
| Filing 26 NOTICE of Appearance by Heather Muzumdar on behalf of Bedding Acquisition, LLC (notification declined or already on case) (Muzumdar, Heather) |
| Filing 25 NOTICE of Appearance by Deborah S. Brenneman on behalf of Bedding Acquisition, LLC (notification declined or already on case) (Brenneman, Deborah) |
| Email Notification Test - DO NOT REPLY (Cubano, Jazmin) |
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice; granting #10 Motion for Leave to Appear Pro Hac Vice. The Court has received and reviewed counsel's original certificates of good standing. Counsel are directed to register for ECF within two (2) weeks. Registration is available online at www.pacer.gov. Once registered, counsel shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Also, counsel shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/2019. (Ameri, Mana)
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ORDER deferring ruling on #22 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motion for leave to appear pro hac vice filed by Defendants' counsel. Before the Court can rule on these motions, the Court requires that the original certificates of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificates to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificates, it will rule on Defendants' motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/30/2019. (Ameri, Mana)
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| Filing 24 CERTIFICATE OF SERVICE by 4earth, LLC, Pegasus Home Fashions, Inc. regarding motion for pro hac vice admission (Shapiro, Michele-Lee) |
| Filing 23 Joint MOTION for Leave to File Excess Pages requested by all defendants by 4earth, LLC, Pegasus Home Fashions, Inc.. (Moskowitz, Kenneth) |
| Filing 22 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11989659. by 4earth, LLC, Pegasus Home Fashions, Inc.. (Attachments: #1 Affidavit Affidavit of Michele-Lee Shapiro, #2 Exhibit Certificate of Good Standing (NJ), #3 Exhibit Certification of Inactive Status (PA), #4 Proposed Order Proposed Order Granting Pro Hac Vice Admission) (Shapiro, Michele-Lee) |
| Filing 21 AFFIDAVIT of Service for Order to Show Cause for Temporary Restraining Order & Preliminary Injunction and Supporting Documents served on Amanda Spinella, sales manager of Pegasus Home Fashions, Inc. on 10/23/2019, filed by Bedding Acquisition, LLC. (Kazan, Barry) |
| Filing 20 SUMMONS Returned Executed by Bedding Acquisition, LLC. Pegasus Home Fashions, Inc. served on 10/23/2019, answer due 11/13/2019. (Kazan, Barry) |
| Filing 19 AFFIDAVIT of Service for Order to Show Cause for Temporary Restraining Order & Preliminary Injunction and Supporting Documents served on Theresa Deliberti, wife of William Deliberti on 10/23/2019, filed by Bedding Acquisition, LLC. (Kazan, Barry) |
| Filing 18 SUMMONS Returned Executed by Bedding Acquisition, LLC. William Deliberti served on 10/23/2019, answer due 11/13/2019. (Kazan, Barry) |
| Filing 17 AFFIDAVIT of Service for Order to Show Cause for Temporarry Restraining Order & Preliminary Injunction and Supporting Documents served on Carmine Spinella, registered agent for 4earth LLC on 10/23/2019, filed by Bedding Acquisition, LLC. (Kazan, Barry) |
| Filing 16 SUMMONS Returned Executed by Bedding Acquisition, LLC. 4earth, LLC served on 10/23/2019, answer due 11/13/2019. (Kazan, Barry) |
| Filing 15 First MOTION for Hearing Adjournment by 4earth, LLC, Pegasus Home Fashions, Inc.. (Moskowitz, Kenneth) |
| Filing 14 NOTICE of Appearance by Lindsay Ann Dischley on behalf of Hector Torres (aty to be noticed) (Dischley, Lindsay) |
| Filing 13 NOTICE of Appearance by A. Ross Pearlson on behalf of Hector Torres (aty to be noticed) (Pearlson, A.) |
| Filing 12 NOTICE of Appearance by Kenneth L. Moskowitz on behalf of 4earth, LLC, Pegasus Home Fashions, Inc. (aty to be noticed) (Moskowitz, Kenneth) |
| Filing 11 NOTICE of Appearance by Laure Salerno on behalf of William Deliberti (notification declined or already on case) (Salerno, Laure) |
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ORDER granting #15 Motion for Hearing: The parties' application is granted to the extent that the Order to Show Cause hearing is scheduled for November 8, 2019 at 2:30 PM and the proposed revised briefing schedule is So Ordered. Ordered by Judge Denis R. Hurley on 10/28/2019. (Hoon, Megha)
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ORDER deferring ruling on #9 Motion for Leave to Appear Pro Hac Vice; deferring ruling on #10 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motions for leave to appear pro hac vice filed by Plaintiff's counsel. Before the Court can rule on these motions, the Court requires that the original certificates of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificates to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificates, it will rule on Plaintiff's motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/25/2019. (Ameri, Mana)
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| Filing 10 MOTION to Appear Pro Hac Vice of Heather M. Muzumdar Filing fee $ 150, receipt number ANYEDC-11972895. by Bedding Acquisition, LLC. (Attachments: #1 Affidavit of Heather Muzumdar, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order) (Muzumdar, Heather) |
| Filing 9 MOTION to Appear Pro Hac Vice for Deborah S. Brenneman Filing fee $ 150, receipt number ANYEDC-11972837. by Bedding Acquisition, LLC. (Attachments: #1 Affidavit of Deborah S. Brenneman, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order) (Brenneman, Deborah) |
| Minute Entry for proceedings held before Judge Denis R. Hurley:Conference in Re:Order To Show Cause held on 10/23/2019; Pltf Barry M. Kazan; Order to Show cause executed see order dated 10/21/2019; TRO will not be issued at this point. At the conclusion of the Hearing on 11/1/2019 at 2:30 p.m. the Court will be in a position to grant or deny the TRO. (Court Reporter Owen Wicker.) (Lundy, Lisa) |
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Filing 8
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION - It is ORDERED, that defendants William Deliberti, Hector Torres, 4earth, LLC, and Pegasus Home Fashions, Inc. (collectively, "Defendants") appear and show cause before this Court, located at 100 Federal Plaza, Courtroom 930, in the city of Central Islip, New York, on 11/1/2019 at 2:30PM or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure to: (SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS). SO Ordered by Judge Denis R. Hurley on 10/21/2019. (Tirado, Chelsea)
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| Filing 7 Unsigned Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Bedding Acquisition, LLC (Attachments: #1 Memorandum in Support of Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction, #2 Declaration of Barry M. Kazan, #3 Exhibit A (2007 Executive Bonus Award Plan), #4 Exhibit B (Nondisclosure Agreement), #5 Exhibit C (2014 Equity Grant Agreement), #6 Exhibit D (Executive Sales Bonus Award Plan), #7 Exhibit E (Email dated 9-17-19), #8 Exhibit F (Email dated 10-20-19), #9 Declaration of Heather M. Muzumdar, #10 Exhibit A (Email dated 10-2-19), #11 Exhibit B (Letter dated 10-2-19), #12 Declaration of David Forsh, #13 Exhibit A (Business Plan), #14 Declaration of Beth Mack) (Kazan, Barry) |
| Filing 6 NOTICE of Appearance by Barry M. Kazan on behalf of Bedding Acquisition, LLC (aty to be noticed) (Kazan, Barry) |
| Filing 5 Summons Issued as to 4earth, LLC, William Deliberti, Pegasus Home Fashions, Inc., Hector Torres. (Attachments: #1 Summons-Hector Torres, #2 Summons-4earth, LLC, #3 Summons-Pegasus Home Fashions, Inc.) (Flanagan, Doreen) |
| Filing 4 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Main Document 3 replaced on 10/18/2019) (Flanagan, Doreen). (Main Document 3 replaced on 10/18/2019) (Flanagan, Doreen). |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) |
| Filing 2 Corporate Disclosure Statement by Bedding Acquisition, LLC (also doing business as Hollander Sleep Products) identifying Corporate Parent Hollander Intermediate Corporation for Bedding Acquisition, LLC. (McElhenny, Shaun) Modified on 10/18/2019 (Flanagan, Doreen). |
| Filing 1 COMPLAINT against 4earth, LLC, William Deliberti, Pegasus Home Fashions, Inc., Hector Torres filing fee $ 400, receipt number ANYEDC-11955474 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Bedding Acquisition, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons William Deliberti, #3 Proposed Summons Hector Torres, #4 Proposed Summons 4earth, LLC, #5 Proposed Summons Pegasus Home Fashions, Inc., #6 Exhibit A - 2014 Equity Grant Agreement, #7 Exhibit B - 2007 Confidentiality and Nondisclosure Agreement, #8 Exhibit C - Deliberti 2007 Executive Bonus Award Plan, #9 Exhibit D - May 16, 2016 Executive Sales Bonus Award Plan, #10 Exhibit E - Torres 2010 Executive Bonus Award Plan, #11 Exhibit F - Pegasus Letter re Torres Noncompete, #12 Exhibit G - Torres letter re Noncompete, #13 Exhibit H - September 2019 email re Deliberti, #14 Exhibit I - 4earth Business Plan, #15 Exhibit J - Deliberti Cease and Desist Letter, #16 Exhibit K - Notice to 4earth, LLC and Pegasus Home Fashions re Deliberti Cease and Desist Letter) (McElhenny, Shaun) |
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