The Ayco Company, L.P. v. Feldman

The Ayco Company, L.P. v. Feldman

Plaintiff:	The Ayco Company, L.P.
Defendant:	Brian D. Feldman
Case Number:	1:2010cv01213
Filed:	October 12, 2010
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Saratoga
Presiding Judge:	David R. Homer
Presiding Judge:	Gary L. Sharpe
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 28, 2011	Filing 45 ORDER DISMISSING CASE: approving the # 44 Stipulation, It is ordered that this action is dismissed with prejudice and without costs or attorney's fees to either party as against the other pursuant to the settlement agreement and Rule 41(a)(1)(A)(ii) of the FRCvP. Signed by Judge Glenn T. Suddaby on 3/28/2011. (jmb)
October 22, 2010	Filing 27 DECISION and ORDERED, that Plaintiffs Motion for preliminary injunctive relief (Dkt. No. 4) is GRANTED; and it is further ORDERED, that Defendant is preliminarily enjoined from: (a) associating as an individual, sole proprietor, officer, employee, pa rtner, director, consultant, agent or advisor with any business enterprise or person that engages in or owns or controls a significant interest in any entity that engages in providing financial counseling, brokerage, estate, tax and insurance plannin g and/or asset management services in the United States where, in connection with such association, Defendant is engaged in providing financial counseling, brokerage, estate, tax and insurance planning and/or asset management services during a period of not less than ninety (90) days from September 24, 2010; (b) copying or reproducing for Defendants use or giving, divulging, or revealing or otherwise disclosing to any person, corporation, partnership or other business or professional entity, exc ept as authorized to do so by Plaintiff, any form, document, written material, or computer program, or any method, formula, or plan created, developed, or utilized by Defendant, as an employee of Plaintiff, or by Plaintiff; (c) copying or reproducing for Defendants use or giving, divulging, revealing, or otherwise disclosing to any person, corporation, partnership, or other business or professional entity, except as authorized to do so by Plaintiff, any confidential business information of Plain tiff or any client of Plaintiff and requiring that Defendant return all copies of Plaintiffs confidential business information, (d) Defendant is hereby directed to return immediately to Plaintiffs attorney all of Plaintiffs property, including withou t limitation, confidential business or trade secret information and all other documents, computer disks or other means of electronic storage, which contain any of Plaintiffs business information and which are in the possession, custody, or control of the Defendant; and it is further ORDERED, that Plaintiff shall pay Defendant his base salary through December 23, 2010. Such payment shall be retroactive from the date of this Courts October 14, 2010 Order (Dkt. No. 8); and it is further ORDERED, that security in the amount of $ 450,000 shall be posted by Plaintiff prior to October 25, 2010 at 4:00 p.m. of that day. Signed by Senior Judge Lawrence E. Kahn on October 22, 2010. (sas)

Date Filed

Document Text

March 28, 2011

Filing 45 ORDER DISMISSING CASE: approving the # 44 Stipulation, It is ordered that this action is dismissed with prejudice and without costs or attorney's fees to either party as against the other pursuant to the settlement agreement and Rule 41(a)(1)(A)(ii) of the FRCvP. Signed by Judge Glenn T. Suddaby on 3/28/2011. (jmb)

October 22, 2010

Filing 27 DECISION and ORDERED, that Plaintiffs Motion for preliminary injunctive relief (Dkt. No. 4) is GRANTED; and it is further ORDERED, that Defendant is preliminarily enjoined from: (a) associating as an individual, sole proprietor, officer, employee, pa rtner, director, consultant, agent or advisor with any business enterprise or person that engages in or owns or controls a significant interest in any entity that engages in providing financial counseling, brokerage, estate, tax and insurance plannin g and/or asset management services in the United States where, in connection with such association, Defendant is engaged in providing financial counseling, brokerage, estate, tax and insurance planning and/or asset management services during a period of not less than ninety (90) days from September 24, 2010; (b) copying or reproducing for Defendants use or giving, divulging, or revealing or otherwise disclosing to any person, corporation, partnership or other business or professional entity, exc ept as authorized to do so by Plaintiff, any form, document, written material, or computer program, or any method, formula, or plan created, developed, or utilized by Defendant, as an employee of Plaintiff, or by Plaintiff; (c) copying or reproducing for Defendants use or giving, divulging, revealing, or otherwise disclosing to any person, corporation, partnership, or other business or professional entity, except as authorized to do so by Plaintiff, any confidential business information of Plain tiff or any client of Plaintiff and requiring that Defendant return all copies of Plaintiffs confidential business information, (d) Defendant is hereby directed to return immediately to Plaintiffs attorney all of Plaintiffs property, including withou t limitation, confidential business or trade secret information and all other documents, computer disks or other means of electronic storage, which contain any of Plaintiffs business information and which are in the possession, custody, or control of the Defendant; and it is further ORDERED, that Plaintiff shall pay Defendant his base salary through December 23, 2010. Such payment shall be retroactive from the date of this Courts October 14, 2010 Order (Dkt. No. 8); and it is further ORDERED, that security in the amount of $ 450,000 shall be posted by Plaintiff prior to October 25, 2010 at 4:00 p.m. of that day. Signed by Senior Judge Lawrence E. Kahn on October 22, 2010. (sas)

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Plaintiff: The Ayco Company, L.P.
Represented By:	Daniel S. Cahill
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Defendant: Brian D. Feldman
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