Intertek Testing Services, N.A., Inc. v. Pennisi et. al.
| Intertek Testing Services, N.A., Inc. |
| Wendy Asklund, Nicholas Pennisi, Big Apple Testing, Inc. and Frank Pennisi |
| 2:2019cv07103 |
| December 19, 2019 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| Arlene R Lindsay |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 19 ANSWER to #1 Complaint, by All Defendants. (Cohen, Nathan) |
Filing 18
SCHEDULING ORDER: See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 1/16/2020. c/ecf (Imrie, Robert)
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| Filing 17 Minute Entry for proceedings held on 1/9/2020 before Judge Sandra J. Feuerstein: Civil Cause for Status Conference. Counsel for Plaintiff: Andrew Williamson and Adam Collyer. Counsel for Defendant: Evan Newman and Nathan Cohen. Case called. Outstanding discovery is respectfully referred to the assigned magistrate judge. A pretrial conference is scheduled before Judge Feuerstein on 5/7/2020 at 11:15AM. All discovery shall be complete prior to the 5/7/2020 conference. (Tirado, Chelsea) |
| Filing 16 NOTICE of Appearance by Adam E Collyer on behalf of Intertek Testing Services, N.A., Inc. (aty to be noticed) (Collyer, Adam) |
| Filing 15 MEMORANDUM in Support re #8 Preliminary Injunction,,,,,,,,,, Temporary Restraining Order,,,,,,,,, filed by Intertek Testing Services, N.A., Inc.. (Attachments: #1 Declaration A. Wetherhold, #2 Exhibit A, #3 Declaration K. Nakamoto, #4 Exhibit A, #5 Declaration M. Harte, #6 Exhibit A, #7 Declaration S. Evans, #8 Exhibit A) (Shiloh, Elior) |
| Filing 14 NOTICE of Appearance by Nathan Cohen on behalf of All Defendants (aty to be noticed) (Cohen, Nathan) |
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ORDER denying #13 Motion to Adjourn Conference: The application is denied with leave to renew in accordance with Rule 1(E) of the undersigned's individual rules. The Court is not available on 1/14/2020. Ordered by Judge Sandra J. Feuerstein on 1/3/2020. c/ECF (Adell, April)
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| Filing 13 Letter MOTION to Adjourn Conference by Intertek Testing Services, N.A., Inc.. (Shiloh, Elior) |
| Filing 12 NOTICE of Appearance by Evan M. Newman on behalf of All Defendants (aty to be noticed) (Newman, Evan) |
| Filing 11 MEMORANDUM in Opposition re #5 Unsigned Order to Show Cause,, filed by All Defendants. (Attachments: #1 Declaration of Frank Pennisi, #2 Declaration Wendy Asklund, #3 Exhibit A to Asklund Declaration, #4 Exhibit B to Asklund Declaration, #5 Exhibit C to Asklund Declaration, #6 Exhibit D to Asklund Declaration, #7 Exhibit E to Asklund Declaration, #8 Declaration Nicholas Pennisi) (Cohen, Nathan) |
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ORDER re #10 Stipulation filed by Intertek Testing Services, N.A., Inc.. The time for Defendants to answer, move against or otherwise respond to the Complaint is hereby extended to and including February 11, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 12/30/2019. (Jacobwitz, Beth)
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| Filing 10 STIPULATION to extend time to answer by Intertek Testing Services, N.A., Inc. (Williamson, Andrew) |
| Filing 9 NOTICE of Appearance by Andrew Williamson on behalf of Intertek Testing Services, N.A., Inc. (aty to be noticed) (Williamson, Andrew) |
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Filing 8
ORDER FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER - Let Defendants or their attorneys show cause by written submission filed with the Court by no later than the 30th day of December, 2019, at 5 o clock PM on that day, or as soon as counsel can be heard, WHY a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure should not be issued, pending the final hearing and determination of this action, as follows: (SEE ORDER)... SUFFICIENT CASE APPEARING THEREFORE, and upon the giving & security in the amount of $2,500.00 pursuant to Fed. R. Civ. P. 65(c) by plaintiff, ORDERED that Frank Pennisi, Nicholas Pennisi and Wendy Asklund, are hereby TEMPORARILY RESTRAINED AND ENJOINED pending determination of this motion for a preliminary injunction, from performing services, in any capacity for Big Apple Testing, Inc.; it is further ORDERED, that Frank Pennisi, Nicholas Pennisi, Wendy Asklund and Big Apple Testing Inc., are hereby TEMPORARILY RESTRAINED AND ENJOINED pending determination of this motion, from disclosing any of Intertek's Confidential Information or Trade Secrets, in violation of the agreements entered into between the aforesaid parties and Intertek; it is further ORDERED, that Frank Pennisi, Nicholas Pennisi, Wendy Asklund and Big Apple Testing, Inc., are hereby TEMPORARILY RESTRAINED AND ENJOINED pending determination of this motion, from communicating, contacting and/or soliciting any customers of Intertek in violation of the Agreements; it is further ORDERED that Service of a copy of this Order and a copy of the Complaint and all other supporting papers, by personal service and also by email, FedEx or other overnight carrier, upon Defendants on or before the 20th day of December by 5PM shall be deemed good and sufficient service; and it is further ORDERED that plaintiff shall serve and file any reply by no later than 5PM on 1/6/2020. The parties shall provide courtesy copies of all papers filed to chambers pursuant to Rule 3(c) of the undersigned's individual rules; and it is further ORDERED, that the parties shall appear for an initial conference before the undersigned in Courtroom 1010 at the Central Islip Courthouse, located at 100 Federal plaza, Central Islip, New York, 11722, on 1/9/2020 at 11:15AM. The parties shall appear with authority, or with persons with authority, to settle this matter. SO Ordered by Judge Sandra J. Feuerstein on 12/19/2019. (Tirado, Chelsea)
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| Filing 7 Summons Issued as to All Defendants. (Landow, Concetta) |
| 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. (Landow, Concetta) |
| Filing 5 Unsigned Order to Show Cause for a Temporary Restraining Order and/or Preliminary Injunction by Intertek Testing Services, N.A., Inc. (Attachments: #1 Declaration Declaration of Vinu Abraham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Declaration Declaration of Jeffrey Roden, #13 Exhibit A, #14 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injunction) (Shiloh, Elior) |
| Filing 4 Civil Cover Sheet.. by Intertek Testing Services, N.A., Inc. (Shiloh, Elior) |
| Filing 3 Proposed Summons. by Intertek Testing Services, N.A., Inc. (Shiloh, Elior) |
| Filing 2 Corporate Disclosure Statement by Intertek Testing Services, N.A., Inc. (Shiloh, Elior) |
| Filing 1 COMPLAINT against Wendy Asklund, Big Apple Testing, Inc., Frank Pennisi, Nicholas Pennisi filing fee $ 400, receipt number ANYEDC-12172752 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Intertek Testing Services, N.A., Inc.. (Shiloh, Elior) |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. 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. (Landow, Concetta) |
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