Executive Trim Construction Inc. v. Gross et al
| Executive Trim Construction Inc. and Executive Trim Construction Inc. doing business as Executive Group |
| Christopher Gross, Suddath Van Lines, Inc. A, Suddath Van Lines, Inc. and Suddath Van Lines, Inc. doing business as Suddath Workplace Solutions |
| 1:2020cv00544 |
| May 14, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 TRANSCRIPT REQUEST by Executive Trim Construction Inc. for proceedings held on 8-11-20 before Judge Hon. Mae A. D'Agostino.. (Kelly, Matthew) |
| Filing 61 TRANSCRIPT REQUEST by Christopher Gross for proceedings held on 8/11/2020 before Judge D'Agostino.. (Jaffe, Chaim) |
| Filing 60 Plaintiff's Exhibit List for the Order to Show Cause Hearing held on 8/11/20 before Judge D'Agostino. (ban) |
| Filing 59 Minute Entry for Order to Show Cause Hearing held via SKYPE on 8/11/2020 before U.S. District Judge Mae A. D'Agostino: Appearances via Skype by Matthew Kelly, Esq. for the Plaintiff; Chaim Jaffe, Esq. for defendant Gross, with Douglas Mahr, Esq. and Jeanine Cryan, Esq.; and George Wright, Esq. for the Suddath Defendants; Evidence is entered. The Court will issue a written decision as soon as possible. Additional briefing is due by 8/18/20. The Court further extends briefing on the motion to dismiss and cross-motion - defendant's reply papers will be due 8/31/20. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton 9:37 a.m. - 2:55 p.m.) (ban) |
| Reset Deadlines as to #38 Joint MOTION to Dismiss for Failure to State a Claim , #50 MOTION to Amend/Correct - pursuant to the oral request during the skype Order to Show Cause hearing held on 8/11/20 - Defendant's Reply to Response to Motions #38 and 50] is extended to 8/31/2020. (ban) |
Filing 58
ORDER denying #53 Motion to Quash. Signed by U.S. District Judge Mae A. D'Agostino on 8/7/20. (ban)
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| Filing 57 REPLY to Response to Motion re #53 First MOTION to Quash filed by Christopher Gross. (Jaffe, Chaim) |
| Filing 56 TEXT ORDER granting #55 Letter Request for leave to file a reply re #53 First MOTION to Quash : It is hereby ORDERED that the defendant's request for leave to file a reply to #54 Affidavit in Response to Motion to Quash. The defendant's reply shall be filed no later than Noon on August 7, 2020. Reply to Response to Motion due by 8/7/2020 at Noon. Signed by U.S. District Judge Mae A. D'Agostino on 8/6/20. (ban) |
| Filing 55 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Permission to file Reply Declaration submitted to Judge D'Agostino . (Jaffe, Chaim) |
| Filing 54 AFFIDAVIT in Opposition re #53 First MOTION to Quash of Matthew J. Kelly filed by Executive Trim Construction Inc.. (Attachments: #1 Exhibit(s) 1-Text Notice of Hearing)(Kelly, Matthew) |
| Filing 53 First MOTION to Quash Motion Hearing set for 8/11/2020 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 7/27/2020 filed by Christopher Gross. (Attachments: #1 Declaration Christopher Gross Declaration, #2 Exhibit(s) Exhibit A to Gross Declaration, #3 Exhibit(s) Exhibit B to Gross Declaration, #4 Exhibit(s) Exhibit C to Gross Declaration, #5 Declaration Chaim J. Jaffe, Esq. Declaration, #6 Exhibit(s) Exhibit A to Jaffe Declaration) Motions referred to Daniel J. Stewart. (Jaffe, Chaim) |
| Reset Deadlines as to #38 Joint MOTION to Dismiss for Failure to State a Claim , #50 MOTION to Amend/Correct. Reply to Response to Motion due by 8/24/2020. (ban) |
| TEXT NOTICE re #53 First MOTION to Quash : The Motion to Quash will be decided on the submission of the papers by Judge D'Agostino. Plaintiff's response to the motion shall be filed on or before 8/6/20 at 12:00 p.m. (ban) |
| Filing 52 TEXT ORDER granting #51 Letter Request: It is hereby ORDERED that the joint request to adjourn #38 Motion to Dismiss and #50 Cross-Motion, is GRANTED; The Return date is reset for September 1, 2020 (ON SUBMIT) before Judge D'Agostino. No personal appearances are necessary. The motions will be decided on the submission of the papers only. Signed by U.S. District Judge Mae A. D'Agostino on 8/4/20. (ban) |
| Filing 51 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Adjournment of Rule 12(b)(6) Motion and Cross-Motion to Amend Complaint submitted to Judge D'Agostino . (Jaffe, Chaim) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #50 AFFIDAVIT in Opposition re 38 Joint MOTION to Dismiss for Failure to State a Claim. Changed event to motion to amend, so that the entry appears as a pending motion. Also noted at the beginning of the docket text that it is a Cross-Motion. (see) |
| Set/Reset Deadlines as to #50 MOTION to Amend/Correct. Response to Motion due by 8/7/2020. Motion Hearing set for 8/18/2020 on submit before U.S. District Judge Mae A. D'Agostino. (see) |
| TEXT NOTICE Re-setting Hearing on Motion re #38 Joint MOTION to Dismiss for Failure to State a Claim , and #50 MOTION to Amend/Correct : The Motion Hearing is reset for 9/1/2020 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban) |
| Filing 50 CROSS-MOTION and AFFIDAVIT in Opposition re #38 Joint MOTION to Dismiss for Failure to State a Claim and in Support of Cross Motion to Amend Complaint filed by Executive Trim Construction Inc.. (Attachments: #1 Affidavit Affidavit of Matthew J. Kelly, Esq., #2 Exhibit(s) A-Proposed Amended Complaint and Exhibits, #3 Exhibit(s) B-Employment Handbook, #4 Exhibit(s) C-Acknowledgement, #5 Exhibit(s) D-Resignation Email, #6 Exhibit(s) E-Emails from Gross, #7 Exhibit(s) F-Emails from Gross, #8 Exhibit(s) G-Suddath Employment Agreement, #9 Exhibit(s) H-Emails of Gross, #10 Memorandum of Law in Opposition and in Support of Cross Motion)(Kelly, Matthew) Modified on 8/4/2020 (see, ). |
| TEXT NOTICE RE-SETTING SKYPE ORDER TO SHOW CAUSE HEARING: The Show Cause Hearing is set for 8/11/2020 at 09:30 AM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate skype invite will be sent to the parties - all parties and witnesses will appear remotely, unless otherwise directed by the Court. Counsel should be prepared to address all pending motions and issues during this hearing.(ban) |
| Filing 49 LETTER BRIEF by Christopher Gross. (Jaffe, Chaim) |
| Filing 48 TEXT ORDER granting #47 Letter Request for leave to file a reply to #46 Response: It is hereby ORDERED that defendant Gross's request for leave to file a reply to #46 Response, is GRANTED; The Reply shall not exceed 2 pages, and shall be filed by July 28, 2020 at 5:00 p.m.. Signed by U.S. District Judge Mae A. D'Agostino on 7/28/20. (ban) |
| Filing 47 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Opportunity to submit reply to Juily 24, 2020 letter from Jim Kelly, Esq. . (Jaffe, Chaim) |
| Filing 46 RESPONSE to Motion re #43 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Adjournment of July 21, 2020 Hearing submitted to Judge D'Agostino filed by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 45 TEXT ORDER granting Defendants' joint letter motion requesting adjournment of the July 21, 2020 hearing (Dkt. No. 43). In a letter motion dated July 20, 2020, Defendants request that the Court adjourn the July 21, 2020 hearing on Plaintiff's motion for injunctive relief because they intend to move to preclude documents that they contend Plaintiff unlawfully obtained. See Dkt. No. 43 at 1. In light of the allegations in Defendants' letter motion, the Court grants the request to adjourn and directs Plaintiff to file a response to the letter motion, not to exceed five (5) pages, on or before Friday, July 24, 2020. Upon receipt of Plaintiff's response, the Court will determine if Defendants' proposed motion is appropriate, in accordance with its Individual Rules of Practice. The hearing on the preliminary injunction is adjourned without date. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 7/20/20. (ban) |
| Filing 44 Letter Motion from George W. Wright, Esq. for Suddath Van Lines, Inc., Suddath Van Lines, Inc. A requesting denial of plaintiff's request to compel Suddath witnesses submitted to Judge D'Agostino . (Wright, George) |
| Filing 43 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Adjournment of July 21, 2020 Hearing submitted to Judge D'Agostino . (Jaffe, Chaim) |
| Filing 42 Letter Motion from Chaim J. Jaffe, Esq. for Christopher Gross requesting Rejection of Philip Beckett Affidavit submitted to Judge D'Agostino . (Jaffe, Chaim) |
| Filing 41 AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order of Philip Beckett, CPA filed by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 40 Exhibit List Supplemental by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 39 MEMORANDUM OF LAW re #37 Memorandum of Law, Reply Memorandum of Law filed by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Set Deadlines as to #38 Joint MOTION to Dismiss for Failure to State a Claim . Response to Motion due by 8/3/2020. Reply to Response to Motion due by 8/7/2020. Motion Hearing set for 8/18/2020 on submit, with no appearances required, before U.S. District Judge Mae A. D'Agostino. Deadlines set in accordance with the 34 Text Order. (see) |
| Filing 38 Joint MOTION to Dismiss for Failure to State a Claim filed by Suddath Van Lines, Inc., Suddath Van Lines, Inc. A., Christopher Gross (Attachments: #1 Declaration of George W. Wright, #2 Affidavit of Christopher Gross, #3 Declaration of Brad Jones, #4 Memorandum of Law) (Wright, George) |
| Filing 37 MEMORANDUM OF LAW re #2 Motion for TRO, #27 Proposed Findings of Fact Defendants' Joint Memorandum Of Law In Opposition To Plaintiff's Notice Pursuant To Federal Rules Of Evidence 807 filed by Christopher Gross. (Jaffe, Chaim) |
| Filing 36 CONFIDENTIALITY AGREEMENT AND ORDER granting #35 Letter Request. Signed by U.S. District Judge Mae A. D'Agostino on 6/30/20. (ban) |
| Filing 35 Letter Motion from Matthew J. Kelly, Esq. for Executive Trim Construction Inc. requesting So Ordering of Confidentiality Agreement submitted to Judge Mae A. D'Agostino . (Kelly, Matthew) |
| Filing 34 TEXT ORDER granting #31 Letter Request for leave to file a motion to dismiss and #32 Notice by defendant Gross: It is hereby ORDERED that defendants requests for leave to file a motions to dismiss are GRANTED; The Motions shall be filed on or before 7/14/2020, and shall be made returnable for August 18, 2020 (ON SUBMIT) before Judge D'Agostino; Response to motions due 8/3/20; Reply papers due 8/7/20. The motions will be decided on the submission of the papers only. No personal appearances are necessary, unless otherwise directed by the Court. Signed by U.S. District Judge Mae A. D'Agostino on 6/26/20. (ban) |
| Filing 33 Letter Motion from Matthew J. Kelly, Esq. for Executive Trim Construction Inc. requesting denial of request for conference of defendants submitted to Judge Mae A. D'Agostino . (Kelly, Matthew) |
| Filing 32 NOTICE by Christopher Gross (Jaffe, Chaim) |
| Filing 31 Letter Motion from George W. Wright, Esq. for Suddath Van Lines, Inc., Suddath Van Lines, Inc. A requesting a pre-motion conference submitted to Judge D'Agostino . (Wright, George) |
| Filing 30 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order of Matthew J. Kelly filed by Executive Trim Construction Inc.. (Attachments: #1 Exhibit(s) A-Cease and Desist Letter, #2 Exhibit(s) B-Requests for materials, #3 Exhibit(s) C-Employee Handbook and Acknowledgment, #4 Reply Aff of Lance Orcutt, #5 Memorandum of Law Reply Memo of Law)(Kelly, Matthew) |
| TEXT NOTICE RE-SETTING SKYPE ORDER TO SHOW CAUSE HEARING: The Show Cause Hearing is set for 7/21/2020 at 09:30 AM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate skype invite will be sent to the parties - all parties and witnesses will appear remotely, unless otherwise directed by the Court. (ban) |
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Filing 29
Stipulation and ORDER granting #28 Stipulation filed by Executive Trim Construction Inc. - Reply papers as to the Motion for a Preliminary Injunction are due to be filed by 6/17/20. Signed by U.S. District Judge Mae A. D'Agostino on 6/12/20. (ban)
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| Filing 28 STIPULATION extending plaintiff's time to file reply papers to Motion for Preliminary Injunction by Executive Trim Construction Inc. submitted to Judge Hon. Mae A. D'Agostino. (Kelly, Matthew) |
| TEXT Minute Entry for Telephone Status Conference held on 6/9/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Matthew Kelly, Esq. for the Plaintiff; Chaim Jaffe, Esq. and Douglas Mahr, Esq. for defendant Gross; and George Wright, Esq. for the Suddath defendants; Judge D'Agostino addresses counsel regarding defense counsel's concerns about witnesses being called during Friday's hearing; Judge D'Agostino advises the parties that plaintiff's counsel carries the burden for the hearing, and will permit witnesses to be called if counsel wish; Plaintiff's counsel is directed to provide copies of his exhibits (according to the exhibit list filed at dkt #25) to defense counsel; The Plaintiff informs the Court that he will provide copies of his exhibits to counsel, but before he does so will be permitted a confidentiality agreement to the Court and counsel; Counsel inform the Court that they have discussed settlement, but have been unable to come to an agreement - Judge D'Agostino encourages the parties to continue their settlement discussions; The Order to Show Cause Hearing regarding #2 Motion for TRO, is ADJOURNED without date at this time; The TRO [dkt # 8] entered in this court on 5/15/20, remains in effect until a hearing can be held. Counsel are directed to contact the Court when they are ready to proceed with the TRO/Order to Show Cause Hearing. (Court Reporter Theresa Casal, CRD Britney Norton [Time 9:33 a.m. - 9:47 a.m.]) (ban) |
| Filing 27 Proposed Findings of Fact and Conclusions of Law by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 26 Witness List by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 25 Exhibit List by Executive Trim Construction Inc.. (Kelly, Matthew) |
| Filing 24 CERTIFICATE OF SERVICE by Christopher Gross re #19 Affidavit in Opposition to Motion, #20 Memorandum of Law (Jaffe, Chaim) |
| Filing 23 AFFIDAVIT in Opposition re #2 MOTION for Temporary Restraining Order (Declaration of Brad Jones) filed by Suddath Van Lines, Inc., Suddath Van Lines, Inc. A. (Wright, George) |
| Filing 22 AFFIDAVIT in Opposition re #2 MOTION for Temporary Restraining Order (of Mark A. Scullion) filed by Suddath Van Lines, Inc., Suddath Van Lines, Inc. A. (Wright, George) |
| Filing 21 MEMORANDUM OF LAW re #2 Motion for TRO (in Opposition) filed by Suddath Van Lines, Inc., Suddath Van Lines, Inc. A. (Wright, George) |
| Filing 20 MEMORANDUM OF LAW re #8 Temporary Restraining Order filed by Christopher Gross. (Jaffe, Chaim) |
| Filing 19 AFFIDAVIT in Opposition re #2 MOTION for Temporary Restraining Order filed by Christopher Gross. (Attachments: #1 Exhibit(s) May 7, 2020 Email From Christopher Gross)(Jaffe, Chaim) |
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Filing 18
TEXT ORDER: Based upon the Stipulation filed on June 1, 2020, Dkt. No. #17 , the deadline in which all Defendants are to file an Answer or otherwise respond to the Complaint in this matter is extended to June 26, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/3/2020. (mab)
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| Filing 17 STIPULATION re #1 Complaint Time To Answer Or Move by Christopher Gross submitted to Judge D'Agostino. (Jaffe, Chaim) |
| Filing 16 NOTICE of Admission Requirement as to Party Christopher Gross; Attorney Douglas J. Mahr, Email address is dmahr@scolaro.com. Phone number is 315-471-8111. Admissions due by 6/15/2020. {Emailed to Attorney Mahr on 6/1/2020}(see) |
| Filing 15 AFFIDAVIT re #14 Notice of Appearance Declaration of Service by Christopher Gross. (Jaffe, Chaim) |
| Filing 14 NOTICE of Appearance by Chaim Jaffe and Douglas J. Mahr on behalf of Christopher Gross (Jaffe, Chaim) |
| TEXT NOTICE RESETTING TIME FOR ORDER TO SHOW CAUSE HEARING re #2 MOTION for Temporary Restraining Order (Time Change ONLY): Due to a conflict with the Court's calendar, the Motion Hearing is RESET for 6/12/2020 at 01:00 PM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. All parties will appear remotely. (ban) |
| Filing 13 NOTICE of Appearance by George W. Wright on behalf of Suddath Van Lines, Inc., Suddath Van Lines, Inc. A (Wright, George) |
| Filing 12 TEXT ORDER granting #9 Joint Letter Request for a 14-day extensions of dates set forth in Temporary Restraining Order and Order to Show Cause: It is hereby ORDERED that the joint request is GRANTED; The Order to Show Cause Hearing re MOTION for Temporary Restraining Order is RESET for 6/12/2020 at 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 6/8/2020; Reply to Response to Motion due by 6/10/2020. Signed by U.S. District Judge Mae A. D'Agostino on 5/19/20. (ban) |
| Filing 11 NOTICE of Appearance by George W. Wright on behalf of Suddath Van Lines, Inc. (Wright, George) |
| Filing 10 AFFIDAVIT of Service for Order to Show Cause and TRO served on Christopher Gross, Suddath Van Lines Inc. and Suddath Van Lines Inc. d/b/a Suddath Workplace Solutions on May 16, 2020 by Fed Ex rcvd on 5/18/20, filed by Executive Trim Construction Inc.. (Attachments: #1 Fed Ex delivery proof of OSC and TRO on Christopher Gross, #2 Fed Ex delivery proof of OSC and TRO on Suddath Van Lines Inc. and Suddath Workplace Solutions)(Kelly, Matthew) |
| Filing 9 Letter Motion from George W. Wright, Esq. for Suddath Van Lines, Inc. requesting 14-day extensions of dates set forth in Temporary Restraining Order and Order to Show Cause filed 5/15/20 submitted to Judge Mae A. D'Agostino . (Wright, George) |
| Filing 8 TEMPORARY RESTRAINING ORDER and ORDER TO SHOW CAUSE. Signed by U.S. District Judge Mae A. D'Agostino on 5/15/20. (ban) |
| Filing 7 NOTICE by Executive Trim Construction Inc. regarding pre-motion conference (Kelly, Matthew) |
| Filing 6 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (sfp, ) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 8/17/2020 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/10/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) |
| Filing 4 Summons Issued as to Christopher Gross, Suddath Van Lines, Inc., Suddath Van Lines, Inc. A. (Attachments: #1 Summons, #2 Summons)(sfp, ) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Executive Trim Construction Inc.. (sfp, ) |
| Filing 2 MOTION for Temporary Restraining Order and Injunctive Relief by Executive Trim Construction Inc.. (Attachments: #1 Affidavit of Lance Orcutt, #2 Memorandum of Law, #3 Order to Show Cause)(sfp, ) |
| Filing 1 COMPLAINT against Christopher Gross, Suddath Van Lines, Inc., Suddath Van Lines, Inc.(a Florida Corporation) (Filing fee $400 receipt number 5118438) filed by Executive Trim Construction Inc.. (Attachments: #1 Civil Cover Sheet)(sfp, ) |
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