S.H. Abbot, Inc. et al v. Yaccarino et al
| Abbot Paint Long Island, Inc. doing business as Abbot Paint and Varnish and S.H. Abbot, Inc. |
| Yougez Woodworking, Ray Birdsall, John Kaber, Robert Heckard, Canlak, Vincent Yaccarino and Jorge Yougez |
| 2:2020cv04770 |
| October 6, 2020 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| A Kathleen Tomlinson |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated. (Florio, Lisa) |
| Filing 30 Minute Order for proceedings held before Judge Joanna Seybert: Motion Hearing held on 10/15/2020 re: #13 First MOTION for Temporary Restraining Order filed by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. Argument heard. Motion #13 is denied, T.R.O. is vacated, and the case is dismissed. Order to be issued. (Court Reporter DT) (Baran, Charles) |
| Filing 29 AFFIDAVIT/AFFIRMATION of Jesse Boiangiu if Further Support by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. (Moss, Andrea) |
| Filing 28 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION for Temporary Restraining Order filed by John Kaber, Vincent Yaccarino, Jorge Yougez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Birzon, Mitchell) |
| Filing 27 MEMORANDUM in Opposition re #19 Order to Show Cause,,,,,,,, filed by John Kaber, Vincent Yaccarino, Jorge Yougez. (Attachments: #1 Affidavit Kaber, #2 Affidavit Yaccavino) (Birzon, Mitchell) |
| Filing 26 NOTICE of Appearance by Mitchell J. Birzon on behalf of John Kaber, Vincent Yaccarino, Jorge Yougez (aty to be noticed) (Birzon, Mitchell) |
| Filing 25 Corporate Disclosure Statement by Ray Birdsall, Canlak, Robert Heckard (Boyarsky, Mitchell) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION for Temporary Restraining Order And a Preliminary Injunction - AFFIDAVIT OF RAY BIRDSALL filed by Ray Birdsall, Canlak, Robert Heckard. (Attachments: #1 Exhibit A - 10.15.19 Email, #2 Exhibit B - 04.02.20 Email, #3 Exhibit C - 12.13.18 Email, #4 Exhibit D - Webpage, #5 Exhibit E - 01.15.20 Email) (Boyarsky, Mitchell) |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re #13 First MOTION for Temporary Restraining Order And a Preliminary Injunction - AFFIDAVIT OF ROBERT HECKARD filed by Ray Birdsall, Canlak, Robert Heckard. (Attachments: #1 Exhibit A - Canlak Wood Coatings Guide, #2 Exhibit B - Canlak Webpage, #3 Exhibit C - 05.08.20 Email exchange) (Boyarsky, Mitchell) |
| Filing 22 RESPONSE in Opposition re #13 First MOTION for Temporary Restraining Order And a Preliminary Injunction filed by Ray Birdsall, Canlak, Robert Heckard. (Boyarsky, Mitchell) |
ELECTRONIC ORDER. For the reasons stated on the record at today's hearing (October 15, 2020), this action is DISMISSED for lack of subject matter jurisdiction and the Clerk of the Court is respectfully directed to mark this case CLOSED. Ordered by Judge Joanna Seybert on 10/15/2020. (Brown, Melissa)
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| Filing 21 NOTICE of Appearance by Mitchell Boyarsky on behalf of Ray Birdsall, Canlak, Robert Heckard (aty to be noticed) (Boyarsky, Mitchell) |
| Filing 20 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. re #19 Order to Show Cause,,,,,,,, (Attachments: #1 Certificate of Service Bohonnon, #2 Certificate of Service Ceberio, #3 Certificate of Service Heckard, #4 Certificate of Service Kaber, #5 Certificate of Service Yaccarino) (Moss, Andrea) |
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Filing 19
ORDER TO SHOW CAUSE re #13 First MOTION for Temporary Restraining Order. Joanna Seybert. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. IT IS HEREBY ORDERED that the parties shall appear before the Honorable Joanna Seybert on October 15, 2020 at 2:15 p.m. for an expedited hearing on Plaintiffs' motion for a preliminary injunction. Due to the on-going health concerns regarding COVID-19, the hearing will take place on the Court's secure Cisco WebEx platform. A link to the WebEx platform is provided in the attached Order. Parties-in-interest and the general public may listen by audio only and shall dial: (571) 353-2300 and enter 547222488. IT IS FURTHER ORDERED that, to preserve the status quo pending the hearing on the preliminary injunction, Defendants, and any agent acting on their behalf, are restrained from direct or indirect continued breach of the parties' Non-Compete Agreement and Confidentiality Agreement by, without limitation, competing with Plaintiffs, soliciting Plaintiffs' customers and disclosing and/or using Plaintiffs' confidential information in contravention of the referenced Non-Compete Agreement and Confidentiality Agreement. IT IS FURTHER ORDERED that Plaintiffs shall serve Defendants with a copy of this Order and, to the extent not yet served, their Application for Expedited Hearing on Motion for a Temporary Restraining Order and Preliminary Injunction, together with all papers and materials filed with the Court, by electronic mail and overnight mail on Defendants and/or Defendants' counsel, if Defendants are known to be represented, no later than 5 p.m. on October 12, 2020. IT IS FURTHER ORDERED that Plaintiffs shall file proof of service of this Order to the docket on or before 5 p.m. on October 13, 2020. Defendants shall respond to Plaintiffs' application orally at the hearing or by filing opposition papers by 11:00 a.m. on October 15, 2020. Ordered by Judge Joanna Seybert on 10/9/2020. (Brown, Melissa)
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| Filing 18 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. on Defendants Jorge Yougez and Yougez Woodworking (Moss, Andrea) |
| Filing 17 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. on Defendant Yaccarino (Moss, Andrea) |
| Filing 16 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. on Defendant Kaber (Moss, Andrea) |
| Filing 15 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. re #13 First MOTION for Temporary Restraining Order on Defendants Canlak and Heckard (Moss, Andrea) |
| Filing 14 CERTIFICATE OF SERVICE by Abbot Paint Long Island, Inc., S.H. Abbot, Inc. re #13 First MOTION for Temporary Restraining Order on RAY BIRDSALL (Moss, Andrea) |
| Filing 13 First MOTION for Temporary Restraining Order by Abbot Paint Long Island, Inc., S.H. Abbot, Inc.. (Attachments: #1 Affidavit BOIANGIU IN SUPPORT OF OTSC, #2 Exhibit Boiangiu Aff EXH 1. Client Information, #3 Exhibit Boiangiu Aff EXH 2. Kaber GPS, #4 Exhibit Boiangiu Aff EXH 3. Defendants Travel Chart, #5 Exhibit Boiangiu Aff EXH 4. Connelly Affidavit, #6 Exhibit Boiangiu Aff EXH 5. Yaccarino Text Messages, #7 Exhibit Boiangiu Aff Exh 6 Kaber Email, #8 Exhibit Boiangiu Aff Exh 7 Heckard Email, #9 Declaration, #10 Exhibit Moss Aff EXH 1, #11 Exhibit Moss Aff EXH 2, #12 Exhibit Moss Aff EXH 3, #13 Memorandum in Support, #14 Proposed Order) (Moss, Andrea) |
| Filing 12 Summons Issued as to Ray Birdsall, Canlak, Robert Heckard, Vincent Yaccarino, Jorge Yougez, Yougez Woodworking. (Attachments: #1 Summons Canlak, #2 Summons Rob Heckard, #3 Summons Yougez Woodworking, #4 Summons Jorge Yougez, #5 Summons Ray Birdsall) (Rodin, Deanna) |
| Filing 11 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. (Rodin, Deanna) |
| Filing 10 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 10/7/2020: #1 Additional Corrections) (Rodin, Deanna). |
| Incorrect Document Entry Information. Complaint was filed as against plaintiffs. Entry was deleted and refiled as against defendants. (Rodin, Deanna) |
| Case Assigned to Judge Joanna Seybert 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by S.H. Abbot, Inc., Abbot Paint Long Island, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rodin, Deanna) Modified on 10/7/2020 (Rodin, Deanna). |
| FILING FEE: $400, receipt number ANYEDC-13475053 (Rodin, Deanna) |
| Filing 9 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 8 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 7 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 6 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 5 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 4 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 3 Proposed Summons. by Abbot Paint and Varnish (Moss, Andrea) |
| Filing 2 Civil Cover Sheet.. by Abbot Paint and Varnish (Moss, Andrea) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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