Cortland Line Holdings LLC et al v. Lieverst

Justia Dockets & Filings Second Circuit New York Northern District Cortland Line Holdings LLC et al v. Lieverst

Cortland Line Holdings LLC et al v. Lieverst

Plaintiff:	John Wilson and Cortland Line Holdings LLC
Defendant:	Jason Lieverst
Case Number:	5:2018cv00307
Filed:	March 9, 2018
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Cortland
Presiding Judge:	Thomas J McAvoy
Referring Judge:	David E Peebles
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 24, 2018	Filing 59 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Withdrawal of Court's consideration of portion of motion for clarification and relief pursuant to Fed. R. Civ. P. 59(e) and 60 and Local Rule 7.1(g) submitted to Judge Thomas J. McAvoy . (Mahr, Douglas)
April 19, 2018	Filing 58 CERTIFICATE OF SERVICE: regarding the #55 MOTION to Alter Judgment filed by Jason Lieverst. (Mahr, Douglas) Modified on 4/23/2018 to change the event from Motion to Alter Judgment to Certificate of Service. (mc)
April 19, 2018	Filing 57 DECLARATION AND EXHIBITS: in support of the #55 MOTION to Alter Judgment filed by Jason Lieverst. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Mahr, Douglas) Modified on 4/23/2018 to change event from Motion to Alter Judgment to Declaration and Exhibits in support. (mc)
April 19, 2018	Filing 56 MEMORANDUM OF LAW: in support of the #55 MOTION to Alter Judgment filed by Jason Lieverst. (Mahr, Douglas) Modified on 4/23/2018 to change event from Motion to Alter Judgment to Memorandum of Law.(mc)
April 19, 2018	Filing 55 MOTION to Alter Judgment Motion Hearing set for 5/25/2018 10:00 AM in Binghamton before Senior Judge Thomas J. McAvoy Response to Motion due by 5/8/2018 Reply to Response to Motion due by 5/14/2018. filed by Jason Lieverst. (Mahr, Douglas)
April 9, 2018	Minute Entry: MOTION CALENDAR held 4/09/2018 before Sr. District Judge Thomas J. McAvoy in Albany, NY: APP/CR/CRD: None. Pltfs Cortland Line Holdings LLC & John Wilson's #7 MOTION for Preliminary Injunction - TAKEN ON SUBMIT at Special 4/06/2018 Show Cause Return [ addressed by TJM #53 decision ]. (cml)
April 6, 2018	Filing 54 Letter Motion from Christopher J. Harrigan, Esq. for Cortland Line Holdings LLC, John Wilson requesting Completing Order to post check and copy of Order with Clerk of the Court submitted to Judge McAvoy . (Attachments: #1 Exhibit(s) Copy of 4.5.18 Order, #2 Exhibit(s) Copy of check)(Harrigan, Christopher)
April 6, 2018	Filing 53 ORDER granting #7 Motion for Preliminary Injunction. During the pendency of this litigation, or until such time as the Court further orders, the Defendant is hereby enjoined from the directives as set forth on this Order. This injunction will permit Defendant to "fish professionally, coach fly- fishing teams, instruct youth anglers, and otherwise work in the fly-fishing industry, so long as he is not competing with Cortland Line or utilizing its confidential information." Plaintiffs shall post bond of $200,000 as required by Local Rule 65.1.1 or as previously ordered by the Court. To the extent that Plaintiffs have moved for particular changes to the discovery process, that motion is denied with leave to renew before the Magistrate Judge. Signed by Senior Judge Thomas J. McAvoy on 4/6/2018. (mgh)
April 6, 2018	Minute Entry: RETURN ON SHOW CAUSE HEARING held 4/06/2018 before Sr. District Judge Thomas J. McAvoy in Binghamton, NY: APP/CR/CRD: None. Plaintiffs' #7 MOTION for Preliminary Injunction - TAKEN ON SUBMIT. (cml)
April 6, 2018	Bond payment of $200,000.00 remitted by J.W. Wilson and taken in at the Syracuse Clerk's Office. Receipt No. SYR052036. (rep)
April 5, 2018	Filing 52 ORDER granting Pltf's #51 Letter Request. Plaintiffs' shall deliver a copy of this Order and a cashier's check in the amount of $200,000, made payable to "Clerk - U.S. District Court," to the Northern District of New York Clerk's office located in Syracuse, New York, by 4/9/18, which will satisfy Pltfs' requirements to post an undertaking pursuant to the Court's 3/26/18 Order. Signed by Senior Judge Thomas J. McAvoy on 4/5/18. (sfp, )
April 4, 2018	Filing 51 Letter Motion from Christopher J. Harrigan for Cortland Line Holdings LLC, John Wilson requesting permission to deposit the required $200,000 undertaking with the Court via certified check in lieu of posting a bond . (Thorpe, Robert)
April 3, 2018	Filing 50 MEMORANDUM OF LAW re #48 Motion to Dismiss for Failure to State a Claim, filed by Jason Lieverst. (Mahr, Douglas)
April 3, 2018	Filing 49 AFFIDAVIT in Support re #48 First MOTION to Dismiss for Failure to State a Claim filed by Jason Lieverst. (Attachments: #1 Exhibit(s) Bank Statements)(Mahr, Douglas)
April 3, 2018	Filing 48 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/14/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 4/27/2018 Reply to Response to Motion due by 5/3/2018. filed by Jason Lieverst. (Mahr, Douglas)
April 3, 2018	TEXT NOTICE to parties advising that Plaintiffs' #7 MOTION for Preliminary Injunction is on submit basis. Appearances are not required. (sfp, )
April 2, 2018	Filing 47 RESPONSE in Opposition re #45 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Vacating Temporary Restraining Order submitted to Judge Thomas J. McAvoy filed by Cortland Line Holdings LLC, John Wilson. (Thorpe, Robert)
April 2, 2018	Filing 46 NOTICE of Appearance by Charles A. Weiss on behalf of Jason Lieverst (Weiss, Charles)
April 2, 2018	Filing 45 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Vacating Temporary Restraining Order submitted to Judge Thomas J. McAvoy . (Mahr, Douglas)
March 30, 2018	Filing 44 *** SEALED DOCUMENT - PLAINTIFFS' #35 UNREDACTED AFFIDAVIT (Reply Declaration) of Christopher J. Harrigan, Esq. in Support of #7 MOTION for Preliminary Injunction filed by Cortland Line Holdings LLC & John Wilson (Attachments: #1 Exhibit 1 - NYS Supreme Court Cortland County Verified Complaint) - maintained in Clerk's Office & not available for electronic and/or public viewing (cml)
March 30, 2018	Filing 43 *** SEALED DOCUMENT - PLAINTIFFS' #34 UNREDACTED John Wilson's Reply Affidavit Exhibit 2 in support of #7 Motion for Preliminary Injunction by Cortland Line Holdings LLC & John Wilson - maintained in Clerk's Office & not available for electronic and/or public viewing (cml)
March 30, 2018	Filing 42 *** SEALED DOCUMENT - PLAINTIFFS' #7 UNREDACTED Attachment #2 Verified Complaint in support of Motion for Preliminary Injunction by Cortland Line Holdings LLC & John Wilson (Attachments: #1 Unredacted NYS Supreme Court Cortland County Summons & Complaint) - maintained in Clerk's Office & not available for electronic and/or public viewing (cml)
March 30, 2018	Filing 41 *** SEALED DOCUMENT - PLAINTIFFS' #33 UNREDACTED MEMORANDUM OF LAW in Support of #7 Motion for Preliminary Injunction (Reply Memorandum of Law) filed by Cortland Line Holdings LLC & John Wilson] - maintained in Clerk's Office & not available for electronic and/or public viewing (cml)
March 30, 2018	Filing 40 TEXT ONLY ORDER denying Deft Lievert's #37 Letter Request for oral argument re: Plaintiff's #7 Motion for Preliminary Injunction; SO ORDERED - Authorized on 3/30/2018 by Sr. District Judge Thomas J. McAvoy (cml)
March 30, 2018	Filing 39 TEXT ONLY ORDER granting Plaintiff's #38 Letter Request for leave to file under seal; SO ORDERED - Authorized 3/30/2018 by Sr. District Judge Thomas J. McAvoy (cml)
March 30, 2018	Filing 38 Letter Motion from Robert J. Thorpe for Cortland Line Holdings LLC, John Wilson requesting leave to mail documents and other items for consideration under seal submitted to Judge McAvoy . (Thorpe, Robert)
March 30, 2018	Filing 37 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Oral Argument submitted to Judge Thomas J. McAvoy . (Mahr, Douglas)
March 29, 2018	Filing 36 CERTIFICATE OF SERVICE by Cortland Line Holdings LLC, John Wilson re #35 Affidavit in Support of Motion, #34 Affidavit in Support of Motion, #33 Memorandum of Law (Thorpe, Robert)
March 29, 2018	Filing 35 AFFIDAVIT in Support re #7 MOTION for Preliminary Injunction (Reply Declaration of Christopher J. Harrigan, Esq.) filed by Cortland Line Holdings LLC, John Wilson. (Attachments: #1 Exhibit(s) A)(Thorpe, Robert)
March 29, 2018	Filing 34 AFFIDAVIT in Support re #7 MOTION for Preliminary Injunction (Reply Affidavit of John Wilson) filed by Cortland Line Holdings LLC, John Wilson. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Thorpe, Robert)
March 29, 2018	Filing 33 MEMORANDUM OF LAW re #7 Motion for Preliminary Injunction, (Reply Memorandum of Law) filed by Cortland Line Holdings LLC, John Wilson. (Thorpe, Robert)
March 29, 2018	Filing 32 TEXT ORDER granting #31 Letter Request. The in person Rule 16 Conference set for 4/10/2018 at 10:00 AM in Syracuse is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Once a decision is rendered on the pending #7 motion for preliminary injunction, then the Rule 16 Conference will be rescheduled. Authorized by Magistrate Judge David E. Peebles on 3/29/2018. (sal )
March 28, 2018	Filing 31 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Adjournment submitted to Judge Hon. David E. Peebles . (Mahr, Douglas)
March 27, 2018	Filing 30 CERTIFICATE OF SERVICE by Jason Lieverst re #7 MOTION for Preliminary Injunction (Mahr, Douglas)
March 26, 2018	Filing 29 AFFIDAVIT in Support re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Attachments: #1 Exhibit(s) Cortland Website, #2 Exhibit(s) Wilson message exchange)(Mahr, Douglas)
March 26, 2018	Filing 28 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 27 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 26 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 25 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 24 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 23 AFFIDAVIT in Opposition re #7 MOTION for Preliminary Injunction filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 22 MEMORANDUM OF LAW re #7 Motion for Preliminary Injunction, filed by Jason Lieverst. (Mahr, Douglas)
March 26, 2018	Filing 21 NOTICE of Appearance by Robert J. Thorpe on behalf of All Plaintiffs (Thorpe, Robert)
March 26, 2018	Filing 20 ORDER: The Court agrees that Plaintiffs are required to post security as a result of the TRO. The Court will grant the #19 Motion for Reconsideration to the extent that Defendant seeks the posting of security. Having examined the Defendant's affidavits, which demonstrate that he may suffer lost opportunities of a mostly unspecified amount as a result of the Court's restraints, the Court concludes that security in the amount of $200,000 should be posted by the Plaintiff. The security shall be filed with the Court as required in the Northern District of New York Local Rule 65.1.1. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 3/26/2018. (mc)
March 26, 2018	Filing 19 MOTION for Reconsideration filed by Jason Lieverst. (Attachments: #1 Declaration, #2 Memorandum of Law) (Mahr, Douglas)
March 23, 2018	Filing 18 ORDER: For the reasons stated herein, the Court will grant the Plaintiff's motion to extend the TRO issued by the State Supreme Court, dkt. #9 / #10 , under the terms stated in that Order. The Court will modify the duration of the TRO, however, to reflect a scheduling concern. The Second Circuit has noted that a TRO may be extended only fourteen days without adverse party consent. U.S. D.I.D. Corp. v. Windstream Communs., Inc., 775 F.3d 128, 132 n. 2 (2d Cir. 2014). April 9 is 17 days after the expiration of the original TRO. Defendant does not consent. As such, the Court will adjust the return date for Plaintiff's motion for a preliminary injunction, dkt. # 7. The motion is now returnable at 10 a.m. on April 6, 2018 in Albany New York. The Court will consider the motion on the papers and without oral argument. The TRO is extended to April 6, 2018. Defendant shall file his response to the Plaintiff's motion for a preliminary injunction by March 26, 2018. Plaintiff's reply, if any, is due March 29, 2018. Signed by Senior Judge Thomas J. McAvoy on 3/23/2018. (mc)
March 22, 2018	Filing 17 CERTIFICATE OF SERVICE by Jason Lieverst re #9 Emergency MOTION for Temporary Restraining Order (Mahr, Douglas)
March 21, 2018	Filing 16 MEMORANDUM OF LAW re #9 Motion for TRO filed by Jason Lieverst. (Mahr, Douglas)
March 21, 2018	Filing 15 AFFIDAVIT in Opposition re #9 Emergency MOTION for Temporary Restraining Order filed by Jason Lieverst. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Mahr, Douglas)
March 21, 2018	Filing 14 AFFIDAVIT in Opposition re #9 Emergency MOTION for Temporary Restraining Order filed by Jason Lieverst. (Mahr, Douglas)
March 21, 2018	Filing 13 AFFIDAVIT in Opposition re #9 Emergency MOTION for Temporary Restraining Order filed by Jason Lieverst. (Mahr, Douglas)
March 21, 2018	Filing 12 AFFIDAVIT in Opposition re #9 Emergency MOTION for Temporary Restraining Order filed by Jason Lieverst. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(Mahr, Douglas)
March 21, 2018	Filing 11 TEXT ONLY ORDER granting in part /denying in part Deft Lieverst's #8 Letter Request to file enlarged memo/law re: Plaintiffs' #7 Motion for Preliminary Injunction. Such briefing shall not exceed 35 pages; SO ORDERED - Authorized on 3/21/2018 by Sr. District Judge Thomas J. McAvoy (cml)
March 21, 2018	TEXT ONLY NOTICE directing Defendant Jason Lieverst to file his opposition no later than 9:00 A.M. on 3/22/2018 in response to Plaintiffs' #9 / #10 Emergency MOTION for Extending Temporary Restraining Order (cml)
March 20, 2018	Filing 10 Emergency MOTION for Temporary Restraining Order by Cortland Line Holdings LLC, John Wilson. (Attachments: #1 Exhibit(s) A to the Declaration of Christopher J. Harrigan (Dkt. No. 9-2))(Harrigan, Christopher)
March 20, 2018	Filing 9 Emergency MOTION for Temporary Restraining Order by Cortland Line Holdings LLC, John Wilson. (Attachments: #1 Memorandum of Law, #2 Declaration of Christopher J. Harrigan, Esq.)(Harrigan, Christopher)
March 19, 2018	Filing 8 Letter Motion from Douglas J. Mahr, Esq. for Jason Lieverst requesting Extension of page limit for Memorandum of Law submitted to Judge McAvoy . (Mahr, Douglas)
March 16, 2018	TEXT ONLY NOTICE setting Plaintiff's #7 MOTION for Preliminary Injunction returnable at 10:00 AM on 4/09/2018 in Albany, NY before Sr. District Judge Thomas J. McAvoy. OPPOSITION RESPONSE to Motion due by 3/23/2018. REPLY RESPONSE to Motion due by 3/29/2018. (cml)
March 15, 2018	Filing 6 TEXT ORDER : The deadline for defendant Lieverst to answer or otherwise respond to plaintiff's complaint is extended until 4/4/2018. Authorized by Magistrate Judge David E. Peebles on 3/15/2018. (sal )
March 15, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/15/2018. The parties are instructed to contact CRD for Senior District Judge McAvoy to set a briefing schedule for the OSHOW that is within the #1 Notice of Removal. Defendant's counsel states that the TRO signed on 2/27/2018 expired on 3/13/2018. Magistrate Judge Peebles advises counsel that any questions regarding the TRO should be addressed to Senior District Judge McAvoy. With respect to the issue of the redacted state court complaint, the parties will work on a limited agreement limiting the defendant to reveal a copy of the unredacted complaint to his client only. The parties will continue to discuss settlement. The deadline for defendant to respond to plaintiff's complaint is extended until 4/4/2018. The R16 Conference set for 4/10/2018 at 10:00 AM in Syracuse remains in place. APP: Christopher Harrigan, Esq., Chaim Jaffe, Esq., and Douglas Mahr, Esq.. (sal )
March 13, 2018	Filing 5 TEXT ORDER granting #4 Letter Request. A Telephone Conference is set for 3/15/2018 at 9:30 AM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 3/13/2018. (sal )
March 12, 2018	Filing 4 Letter Motion from Chaim J. Jaffe, Esq. for Jason Lieverst requesting Telephone Conference submitted to Judge Hon. David E. Peebles . (Mahr, Douglas)
March 12, 2018	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 4/10/2018 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/3/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mc)
March 12, 2018	***Answer for Jason Lieverst due 3/16/2018. (mc)
March 9, 2018	Filing 7 PLAINTIFFS' MOTION for Preliminary Injunction filed by Cortland Line Holdings LLC & John Wilson (Attachments: #1 Memorandum of Law, #2 Exhibit 1 - Verified Complaint) (cml) [ NOTE: CRD re-filed plaintiffs' documents [1-2] & [1-3] originally filed as part of Deft's #1 notice of removal ]
March 9, 2018	Filing 2 STATE COURT COMPLAINT & AMENDED SUMMONS: relating to the #1 Notice of Removal, filed by Jason Lieverst. (mc)
March 9, 2018	Filing 1 NOTICE OF REMOVAL: from NYS Supreme Court- Cortland County, index number EF18-155 (Filing fee $400 receipt number ANYNDC-4316395) filed by Jason Lieverst. (Attachments: #1 Exhibit A - Amended Summons and Complaint, #2 Exhibit B - Affidavit Of Christopher Harrigan, Esq., #3 Exhibit C - Plaintiffs' Memorandum of Law, #4 Exhibit D - Order To Show Cause, #5 Exhibit E - Notice of Notice of Removal to Cortland County Supreme Court, #6 Civil Cover Sheet)(mc)

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Plaintiff: John Wilson
Represented By:	Robert J. Thorpe
Represented By:	Christopher J. Harrigan
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Plaintiff: Cortland Line Holdings LLC
Represented By:	Robert J. Thorpe
Represented By:	Christopher J. Harrigan
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Defendant: Jason Lieverst
Represented By:	Chaim J. Jaffe
Represented By:	Douglas J. Mahr
Represented By:	Charles A. Weiss
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