Adecco USA, Inc. et al v. Staffworks, Inc. et al

Justia Dockets & Filings Second Circuit New York Northern District Adecco USA, Inc. et al v. Staffworks, Inc. et al

Adecco USA, Inc. et al v. Staffworks, Inc. et al

Plaintiff:	ADO Staffing, Inc. and Adecco USA, Inc.
Defendant:	Anita Vitullo, Tayler Fravel, Karen Walser, Vicki Rodabaugh, Karen Standford, Deborah Rohde, Brianna Flint, Staffworks, Inc., Maurica Gloria and Shelly Kranz
Not Classified By Court:	Elena DeFio Kean
Case Number:	6:2020cv00744
Filed:	July 2, 2020
Court:	US District Court for the Northern District of New York
Office:	Utica Office
Presiding Judge:	Mae A D'Agostino
Referring Judge:	Therese Wiley Dancks
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 24, 2023	Filing 266 AMENDED ORDER DISMISSING CASE BY REASON OF SETTLEMENT. Signed by U.S. District Judge Mae A. D'Agostino on 01/24/2023. (ban)
January 24, 2023	Filing 265 ORDER DISMISSING CASE BY REASON OF SETTLEMENT. Signed by U.S. District Judge Mae A. D'Agostino on 1/24/2023. (ban)
January 24, 2023	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Video Conference held on 1/24/2023 to confirm terms of settlement agreement. Court obtains the assent and agreement of the parties to the settlement terms. Parties are advised that District Judge D'Agostino will issue an order closing the case by reason of settlement. Court orders that all pending deadlines, including pretrial submissions and the civil jury trial, are off. Settlement is confidential and the transcript is sealed pursuant to the Order of Magistrate Judge Therese Wiley Dancks. APPEARANCES: Tyler Tarney, Esq. and Erin Whitmore Esq. for Plaintiffs; Preston Zarlock, Esq. for Defendants, defendant Anita Vitullo, President of Staffworks, Inc. (Court Reporter Ruth Lynch (Record is Sealed)) (sg)
January 20, 2023	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Video Settlement Conference held on 1/20/2023. Appearances: Tyler Tarney, Esq. and Erin Whitmore, Esq. for Plaintiffs; Preston Zarlock, Esq. for Defendants. Settlement conference held, case has settled. Settlement is confidential. Follow up conference to confirm final settlement terms has been set for 1/24/2023 at 10:00am by video. District Judge D'Agostino's Chambers will be advised. All remaining deadlines are held in abeyance at this time as discussed. (sg)
January 20, 2023	Filing 264 TEXT ORDER denying as moot #262 Motion for Limited Admission Pro Hac Vice of Adam Masin. Attorney Adam Masin has been granted permanent admission to the NDNY. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/20/2023. (sg)
January 19, 2023	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 1/19/2023. Appearances: Tyler Tarney, Esq. and Adam Masin, Esq. for Plaintiffs; Preston Zarlock, Esq., Joshua Glasgow, Esq., and Mary Jane Morley, Esq. for Defendants. After discussion with counsel, Court advises counsel that no Daubert motions will be permitted. Court discussed deadline for filing summary judgment motions. (sg)
January 19, 2023	Filing 263 NOTICE of Appearance by Adam M. Masin on behalf of ADO Staffing, Inc., Adecco USA, Inc. (Masin, Adam)
January 18, 2023	Filing 262 MOTION for Limited Admission Pro Hac Vice of Adam Masin Filing fee $100, receipt number ANYNDC-6164631. (Attachments: #1 Exhibit(s) New Atty Efiling Reg Form, #2 Exhibit(s) Petition For Admission, #3 Cert of Good Standing) Motions referred to Therese Wiley Dancks. (Tarney, Tyler)
January 5, 2023	TEXT NOTICE TO COUNSEL re TRIAL DATE: Counsel are reminded that a FIRM Trial date is set for Monday, March 13, 2023 at 9:30 a.m. All associated pretrial deadlines have also been set, and were provided to counsel in the Jury Trial Notice issued in this case on 6/30/22 [dkt. no. 239]. The Court will NOT Entertain any requests to adjourn this Firm trial date.(ban)
January 4, 2023	Filing 261 TEXT ORDER TO STRIKE re: Dkt. No. #260 : Court reviewed plaintiffs' "Notice" (Dkt. No. #260 ) and discussed the filing with District Judge D'Agostino. The Clerk is directed to strike Dkt. No. 260 without prejudice to renew, if necessary, after the deposition of the Avalon representative is completed. (See Dkt. No. #255 at 2-3.) Plaintiffs should take note that if they ultimately renew the "Notice" and it is deemed vexatious or frivolous by the Court, sanctions may be levied on them. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/4/2023. (sg)
January 3, 2023	Filing 260 **STRICKEN* pursuant to the Text Order to Strike of Magistrate Judge Therese Wiley Dancks dated 1/4/2023. NOTICE by ADO Staffing, Inc., Adecco USA, Inc. re #255 Order on Letter Request,,,,,,,,,,,, Order on Pre-Motion Letter Request,,,,,,, Objections to Order Denying Pre-Motion Letter Request to FIle Motion for Sanctions (Attachments: #1 Exhibit(s) Ex.1 - Staffworks Production Excerpts, #2 Exhibit(s) Ex. 2 - Walser Dep. Tr. Excerpts, #3 Exhibit(s) Ex. 3 - Vitullo Dep. Tr. Excerpts, #4 Exhibit(s) Ex. 4 - 2020-09-25 Tarney Ltr to Zarlock, #5 Exhibit(s) Ex. 5 - Williams Dep. Tr. Excerpts, #6 Exhibit(s) Ex. 6 - Staffworks 30B6 Consilio Dep. Tr. Excerpts, #7 Exhibit(s) Ex. 7 - Standford Dep. Tr. Excerpts, #8 Exhibit(s) Ex. 8 - Gloria Dep. Tr. Excerpts, #9 Exhibit(s) Ex. 9 - Rodabaugh Dep. Tr. Excerpts, #10 Exhibit(s) Ex. 10 - Flint Dep. Tr. Excerpts, #11 Exhibit(s) Ex. 11 - Kranz Dep. Tr. Excerpts, #12 Exhibit(s) Ex. 12 - Rohde Dep. Tr. Excerpts, #13 Exhibit(s) Ex. 13 - Wallis [Fravel] Dep. Tr. Excerpts, #14 Exhibit(s) Ex. 14 - Partners in Progress Dep. Tr. Excerpts, #15 Exhibit(s) Ex. 15 - Consilio 03-14-2022 Dep. Tr. Excerpts, #16 Exhibit(s) Ex. 16 - Felix Schoeller 30B6 Clements Dep. Tr. Excerpts, #17 Exhibit(s) Ex. 17 - Huey Dep. Tr. Excerpts)(Tarney, Tyler) Modified on 1/4/2023 (sg, ).
January 3, 2023	Filing 259 NOTICE of Appearance by Steven Zakrzewski on behalf of ADO Staffing, Inc., Adecco USA, Inc. (Zakrzewski, Steven)
December 27, 2022	Filing 258 TEXT ORDER : Court reviewed letter request (Dkt. No. #257 ) submitted in preparation for the telephone conference regarding experts. To the extent the request seeks a conference, that request is denied as moot since the conference has been scheduled per Text Notice of 12/27/2022. Court will address the issues raised in Dkt. No. #254 and #257 at the 1/19/2023 conference. Any other submissions by counsel on those issues raised in Dkt. Nos. 254 and 257 will be summarily stricken from the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/27/2022. (sg)
December 27, 2022	TEXT NOTICE of Telephone Discovery Hearing: A Telephone Discovery Hearing has been set for 1/19/2023 at 2:00 PM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8567.(sg)
December 21, 2022	Filing 257 Pre-Motion Letter by ADO Staffing, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 12/27/2022 (Tarney, Tyler)
December 20, 2022	Filing 256 TEXT ORDER: Court reviewed letter request (Dkt. No. #253 ) and notes that the Court has briefly extended the dispositive motion deadline. (See Dkt. No. #255 .) Therefore, Dkt. No. 253 is denied without prejudice at this time. Court has also reviewed letter request regarding expert motion (Dkt. No. #254 ) which is denied without prejudice. The Court will schedule a telephone conference by separate Text Notice to discuss the issues raised in Dkt. No. 254. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/20/2022. (sg)
December 20, 2022	Filing 255 ORDER: for the reasons stated herein, it is ORDERED, that the Court DENIES Plaintiffs' request to clawback certain items and to maintain a privilege designation as set forth herein (Dkt. No. #235 ; Defendants' request (Dkt. No. #240 ) to file a motion to quash a subpoena is DENIED and the parties shall immediately schedule and complete the deposition of a witness from Avalon as directed herein; Plaintiffs' letter requests (Dkt. Nos. #243 , #245 , #251 ) are DENIED, the parties shall complete the review of the flash drives as directed herein and shall provide all directed disclosure in the manner and time frame as directed herein; Plaintiffs' letter request (Dkt. No. #246 ) to file a motion for spoliation is DENIED; no other discovery is permitted except as set forth in this Order; and the dispositive motion deadline only is extended to 2/10/2023. Signed by Magistrate Judge Therese Wiley Dancks on 12/20/2022.(sg)
December 19, 2022	Filing 254 Letter Motion from Preston L. Zarlock for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting permission to file a motion under Federal Rule of Evidence 702 submitted to Judge Therese Wiley Dancks pursuant to this Court's February 2, 2022 Order (Dkt. 205, at 6). (Zarlock, Preston)
December 19, 2022	Filing 253 Pre-Motion Letter by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 12/22/2022 (Zarlock, Preston)
November 18, 2022	Filing 252 RESPONSE in Opposition re #251 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard Regarding Interim Relief on USB Issues submitted to Judge Therese Wiley Dancks filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
November 18, 2022	Filing 251 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard Regarding Interim Relief on USB Issues submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
November 15, 2022	Filing 250 ANSWER to #214 Answer to Amended Complaint, Counterclaim by ADO Staffing, Inc., Adecco USA, Inc..(Tarney, Tyler)
November 1, 2022	Filing 249 MEMORANDUM-DECISION AND ORDER denying #218 Motion to Dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 11/1/2022. (ban)
October 20, 2022	Filing 248 TEXT ORDER REFERRING MOTIONS/Letters: #245 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard re Dkt. 242 and 243 AND #246 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference are hereby REFERRED to Magistrate Judge Dancks. Signed by U.S. District Judge Mae A. D'Agostino on 10/20/22. (ban)
October 19, 2022	Filing 247 Pre-Motion Response to #246 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino . (Zarlock, Preston)
October 18, 2022	Filing 246 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 10/21/2022 (Tarney, Tyler)
September 7, 2022	Filing 245 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard re Dkt. 242 and 243 submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
August 19, 2022	Filing 244 Pre-Motion Response to #243 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard re 5 New Flash Drives submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) A)(Zarlock, Preston)
August 19, 2022	Filing 243 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard re 5 New Flash Drives submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 1 - Walser Flash Drives)(Tarney, Tyler)
July 26, 2022	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: In Person Settlement Conference held on 7/26/2022 in Syracuse NY. Case did not settle. Court encourages parties to continue to try and resolve the case. Court is available for further settlement assistance at the parties' request. APPEARANCES: Tyler Tarney, Esq. for Plaintiffs, with plaintiff representatives Eileen Sweeney, Erin Whitmore, Jalie Cohen, and Vanessa Hodgerson; Preston Zarlock, Esq., Mary Jane Morley, Esq., and Joshua Glasgow, Esq. for Defendants, with defendants Anita Vitullo and Karen Walser. (sg)
July 5, 2022	Filing 242 Pre-Motion Response to #240 Letter Motion from Preston L. Zarlock for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting permission to m Adecco Letter to Magistrate Judge Dancks re Response to Dkt. 240. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Tarney, Tyler)
July 1, 2022	Filing 241 TEXT ORDER : Court reviewed letter motion from defendants (Dkt. No. #240 ) regarding plaintiffs' subpoena of Avalon. Plaintiffs must file a response to the letter motion, no longer than 3pp, single spaced, 12pt font, by 9am on 7/5/2022. No deposition of any Avalon representative may take place absent a Court order. The Court will make a further directive after reviewing plaintiffs' response to Dkt. No. 240. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/1/2022. (sg)
July 1, 2022	Filing 240 Letter Motion from Preston L. Zarlock for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting permission to move to quash Adecco's recently issued subpoenas submitted to Judge Therese Wiley Dancks . (Zarlock, Preston)
June 30, 2022	Filing 239 JURY TRIAL NOTICE SETTING JURY TRIAL (as previously set during the 8/4/21 telephone conf. with counsel): A FIRM Jury Trial date is set for 3/6/2023 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino; The Final Pretrial Conference is set for 2/16/2023 at 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino; Pretrial Submissions/Motions in Limine due by 2/13/2023; Responses, if any, to motions in limine due by 2/21/23. (ban)
June 23, 2022	Filing 238 TEXT ORDER: Court reviewed Plaintiffs' letter motion (Dkt. No. #236 ) regarding attendees at in person settlement conference scheduled for 7/26/2022, and defendants' response (Dkt. No. #237 ) in opposition. Letter motion granted, in part. The Employment and Litigation Counsel, Erin Whitmore, may attend in place of General Counsel, and the VP of Finance, Samantha Mills, may also attend. However, the Court presumes that since there is a VP of Finance, then there must also be a President and/or CEO of Plaintiffs' businesses. The Court has reviewed and takes judicial notice of the NYS Department of State website which lists Corinne Ripoche Van Hecke as the CEO of both Plaintiffs. Therefore, Ms. Van Hecke or the current President(s)/CEO(s) of the Plaintiffs MUST also attend the settlement conference. Failure to have such person(s) present at the conference will result in sanctions. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/23/2022. (sg)
June 23, 2022	Filing 237 RESPONSE in Opposition re #236 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Permission to address the Adecco attendees for the in-person Settlement Conference set for 7/26/22 submitted to Judge Therese Wiley Dancks filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
June 22, 2022	Filing 236 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Permission to address the Adecco attendees for the in-person Settlement Conference set for 7/26/22 submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
June 21, 2022	Filing 235 ORDER: it is ORDERED, that Plaintiff's letter motion (Dkt. No. #226 ) pertaining to non-party Boral is withdrawn and therefore DENIED as moot; and it is further ORDERED that the parties' respective discovery motions set forth and briefed in Dkt. Nos. #225 , #227 , #231 , and #232 are GRANTED, IN PART, AND DENIED, IN PART in accordance with this Order; the parties shall provide all directed disclosure in the manner and time frame as directed in this Order. Signed by Magistrate Judge Therese Wiley Dancks on 6/21/2022. (sg)
June 9, 2022	Filing 234 TEXT ORDER FOR SETTLEMENT CONFERENCE: it is ORDERED that an in person Settlement Conference will be held on 7/26/2022 at 10:00 AM Third floor, Federal Courthouse, 100 S. Clinton Street, Syracuse NY before Magistrate Judge Therese Wiley Dancks. Plaintiff is to have present in person at this conference the person or persons representative of Adecco with FINAL settlement authority, which should be the CEO along with General Counsel. Such individual(s) MUST have FINAL settlement authority. Defendant is to have present from Staffworks defendants Vitullo and Walser, and all other named defendants are required to be available by telephone FOR THE ENTIRETY OF THE SETTLEMENT CONFERENCE. Failure to have these persons present at the settlement conference and available by telephone as set forth above will result in sanctions. Court will send instructions to the parties by separate email with respect to submitting the Confidential Settlement Statement to the Court, which will be due 7/19/2022 and shall not include any attachments. Confidential Settlement Statements are for the Court only, and are NOT to be exchanged between the parties or filed electronically in the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/9/2022. (sg )
June 8, 2022	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Discovery Hearing held on 6/8/2022. In person hearing to address issues raised at Dkt. Nos. #225 , #227 , #231 , and #232 . Court addresses each issue raised by both parties, makes rulings and sets deadlines. A separate text order will follow with respect to the discovery conference. Court orders an in person settlement conference, a separate text order will be issued setting the date and time of the conference as well as other instructions from the Court. APPEARANCES: Tyler Tarney, Esq. and Tyler Martin, Esq. for Plaintiffs; Preston Zarlock, Esq. and Mary Jane Morley, Esq. for Defendants. (Court Reporter Hannah Cavanaugh 10:05AM-11:20AM (FTR: 11:27AM-12:50:56PM)) (sg)
June 6, 2022	Filing 233 RESPONSE TO Dkt. No. #226 filed by non party Westlake Royal Building Products formerly Boral ("Boral"). (sg)
June 1, 2022	Filing 232 RESPONSE TO LETTER BRIEF filed by ADO Staffing, Inc., Adecco USA, Inc. as to #225 Letter Request/Motion, filed by Shelly Kranz, Karen Standford, Staffworks, Inc., Brianna Flint, Vicki Rodabaugh, Karen Walser, Anita Vitullo, Maurica Gloria, Tayler Fravel, Deborah Rohde . (Attachments: #1 Exhibit(s) 1 - Eddie Briceno Declaration, #2 Exhibit(s) 2 - Am. Supp Privilege Log, #3 Exhibit(s) 3 - Defendants' RPD No. 28, #4 Exhibit(s) 4 - 6-1-22 Adecco Email Exchange with Defendants)(Tarney, Tyler)
June 1, 2022	Filing 231 LETTER BRIEF regarding Adecco's discovery letter (Dkt. 277) by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
May 20, 2022	Filing 230 NOTICE by ADO Staffing, Inc., Adecco USA, Inc. re 229 Order,, Service of Text Only Order on Boral (Attachments: #1 Exhibit(s) A)(Williams, Courtney)
May 17, 2022	Filing 229 TEXT ORDER: Court has reviewed plaintiff's 5/13/2022 letter brief (Dkt. No. #226 ) regarding a dispute with non-party Westlake Royal Building Products formerly Boral ("Boral") regarding subpoenaed text messages. Boral is directed to respond in writing to the issues addressed in Dkt. No. 226 via regular mail sent to the Court by 6/1/2022. Plaintiff is directed to serve a copy of this Text Order on Boral's counsel and file proof of service by 5/20/2022. Once the Court receives a response from Boral, the Court will make further directives as necessary regarding the issues addressed in Dkt. No. 226. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/17/2022. (sg)
May 17, 2022	Filing 228 TEXT ORDER: An IN PERSON Discovery Conference has been scheduled for 6/8/2022 at 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Counsel should report to the Third Floor Chambers of Magistrate Judge Dancks, U.S. Courthouse & Federal Building, 100 S. Clinton St., Syracuse NY. The Court will address the issues raised in Dkt. Nos. #225 and #227 at the conference. Each side is directed to respond to the issues raised by the other side in Dkt. Nos. 225 and 227 by the filing of a letter brief, no longer than 3pp, single spaced, 12pt. font, by 5pm on 6/1/2022. No further filings will be permitted. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/17/2022. (sg)
May 13, 2022	Filing 227 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Leave to be Heard submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
May 13, 2022	Filing 226 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting permission and/or direction to address dispute with nonparty Westlake Royal Building Products, Inc. (Boral) submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 1 - Adecco 9-22-20 Preservation Letter to Boral, #2 Exhibit(s) 2 - 3-1-22 Letter, Subpoena Duces Tecum and Subpoena for 30(b)(6) depo served on Boral, #3 Exhibit(s) 3 - Adecco 3-15-22 Emals re Boral Extension, #4 Exhibit(s) 4 - Adecco 4-29-22 Email re Preservation and Production of Text Messages, #5 Exhibit(s) 5 - 3-30-22 Boral Response and Objections to Subpoena)(Tarney, Tyler)
May 13, 2022	Filing 225 Letter Motion from Preston L. Zarlock for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting leave to be heard on discovery issues submitted to Judge Therese Wiley Dancks . (Zarlock, Preston)
April 19, 2022	Filing 224 TEXT ORDER: Court reviewed letter request (Dkt. No. #223 ) and grants the request for the reasons stated. The deposition of non-party Boral's representative is ordered to be completed on 4/28/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/19/2022. (sg)
April 18, 2022	Filing 223 Unopposed Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting New Date of Deposition of Boral Corporate Representative submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
April 4, 2022	Filing 222 TEXT ORDER : Court reviewed letter request (Dkt. No. #221 ) from non-party regarding deposition of non-party witness. Initially, the Court notes that the request should have been filed by one of the parties and any future similar requests will be summarily stricken from the docket unless it involves a motion to quash a subpoena. Nevertheless, the Court will grant the request. The deposition of the witness from non-party TPC is ordered to be completed on 4/29/2022. No further extensions will be granted. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/4/2022. (sg)
April 4, 2022	Filing 221 Letter Motion from Robert J. Thorpe for Tessy Plastics Corp. requesting to reschedule non-party deposition submitted to Judge Dancks . (Thorpe, Robert)
March 29, 2022	Filing 220 RESPONSE in Support re #218 MOTION to Dismiss DEFENDANTS SECOND AMENDED COUNTERCLAIMS filed by ADO Staffing, Inc., Adecco USA, Inc.. Motion returnable before Judge D'Agostino filed by ADO Staffing, Inc., Adecco USA, Inc.. (Williams, Courtney)
March 28, 2022	Filing 219 MEMORANDUM OF LAW re #218 Motion to Dismiss, in Opposition to Adecco's Motion to Dismiss Defendants' Second Amended Counterclaims filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
March 25, 2022	Filing 218 MOTION to Dismiss DEFENDANTS SECOND AMENDED COUNTERCLAIMS filed by ADO Staffing, Inc., Adecco USA, Inc.. Motion returnable before Judge D'Agostino Response to Motion due by 4/15/2022. Reply to Response to Motion due by 4/22/2022 (Attachments: #1 Memorandum of Law) (Williams, Courtney)
March 22, 2022	Filing 217 TEXT ORDER granting #216 Pre-Motion Letter Request: It is hereby ORDERED that the plaintiff's motion for leave to refile the motion to dismiss [dkt. no. 171], Response [dkt. no. 177], and Reply [dkt. no. 178], is GRANTED. Motion to be re-filed by 3/25/2022. Response to be re-filed by 3/28/22. Reply to be refiled by 3/29/22. Signed by U.S. District Judge Mae A. D'Agostino on 3/22/22. (ban)
March 18, 2022	Filing 216 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 3/21/2022 (Attachments: #1 Exhibit(s))(Williams, Courtney)
March 16, 2022	Filing 215 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 3/21/2022 (Williams, Courtney)
March 7, 2022	CLERK'S CORRECTION OF DOCKET ENTRY re #214 Answer to Amended Complaint, and Counterclaim: Clerk corrected the docket to accurately reflect counter-claim parties. (gmd, )
March 4, 2022	Filing 214 ANSWER to #208 Amended Complaint, Second Amended Complaint, COUNTERCLAIM against ADO Staffing, Inc., Adecco USA, Inc. by Staffworks, Inc.(Zarlock, Preston) Modified on 3/7/2022 (gmd, ).
March 4, 2022	Filing 213 TEXT ORDER: Court has reviewed status report (Dkt. No. #212 ) setting forth the parties' agreed deposition schedule. All depositions are hereby ORDERED to be completed of each witness (including the client witnesses) on the confirmed dates exactly as set forth in Dkt. No. 212. No deviations from the schedule set forth in Dkt. No. 212 will be permitted for any reason. Any request to depart from the schedule as ordered herein will be summarily stricken from the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2022. (sg)
March 3, 2022	Filing 212 STATUS REPORT , Joint, pursuant to Order dated February 2, 2022 by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Glasgow, Joshua)
February 16, 2022	Filing 211 TEXT ORDER granting #207 Stipulation regarding filing of Second Amended Complaint, filed by Adecco USA, Inc., ADO Staffing, Inc.: It is hereby ORDERED that the Plaintiff's request to file a Second Amended Complaint is GRANTED; It is further ORDERED that the Second Amended Complaint, filed as document no. 208, on 2/11/22, is ACCEPTED for filing; It is further ORDERED that defendant's answer to the Second Amended Complaint is due on or before 3/4/22. Signed by U.S. District Judge Mae A. D'Agostino on 2/16/22. (ban)
February 16, 2022	***Answer due date updated for Brianna Flint answer due 3/4/2022; Tayler Fravel answer due 3/4/2022; Maurica Gloria answer due 3/4/2022; Shelly Kranz answer due 3/4/2022; Vicki Rodabaugh answer due 3/4/2022; Deborah Rohde answer due 3/4/2022; Staffworks, Inc. answer due 3/4/2022; Karen Standford answer due 3/4/2022; Anita Vitullo answer due 3/4/2022; Karen Walser answer due 3/4/2022. (ban)
February 14, 2022	Filing 210 TEXT ORDER: Court has reviewed letter motion (Dkt. No. #209 ) regarding the number of depositions requested. The Court hereby directs the following: each side (plaintiffs and defendants) will be permitted to depose a total of 25 fact witnesses each, inclusive of the parties themselves. This number is extremely generous and therefore no other fact depositions will be permitted and no further status report or briefing on the number of depositions will be necessary or considered. The parties should plan accordingly and file the status report by 3/3/2022 as previously ordered. (Dkt. No. #205 .) All prior deadlines remain in effect and will not be extended for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/14/2022. (sg)
February 14, 2022	Filing 209 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Permission re Depositions submitted to Judge Dancks . (Tarney, Tyler)
February 11, 2022	Filing 208 SECOND AMENDED COMPLAINT Second Amended Complaint against Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser filed by Adecco USA, Inc., ADO Staffing, Inc..(Tarney, Tyler) Modified on 2/16/2022 (ban).
February 10, 2022	Filing 207 STIPULATION regarding Plaintiffs' Proposed Second Amended Complaint by ADO Staffing, Inc., Adecco USA, Inc. submitted to Judge D'Agostino. (Attachments: #1 Exhibit(s) 1 - Second Amended Complaint, #2 Exhibit(s) 2 - Second Amended Complaint Comparison Document)(Tarney, Tyler)
February 3, 2022	Filing 206 NOTICE of Appearance on behalf of Courtney Williams filed by Tyler Tarney, Attorney for Plaintiffs ADO Staffing, Inc., Adecco USA, Inc. (Tarney, Tyler) Modified on 2/3/2022 (egr).
February 2, 2022	Filing 205 ORDER as to Dkt. Nos. #199 and #200 : it is ORDERED that the parties' respective discovery motions set forth and briefed in Dkt. Nos. 199, 200, 201, and 202 are GRANTED IN PART, and DENIED IN PART in accordance with this Order; the parties shall provide all directed disclosure in the manner and time frame as directed in this Order; and it is further ORDERED that the parties must confer in good faith to schedule all necessary fact depositions, and file a joint status report by 3/3/2022 setting forth the exact confirmed dates for such depositions which shall be completed by 4/29/2022 per Dkt. No. #158 . Signed by Magistrate Judge Therese Wiley Dancks on 2/2/2022. (sg)
January 26, 2022	Filing 204 TEXT ORDER approving #203 notice of substitution of counsel filed by Adecco USA, Inc., ADO Staffing, Inc. Attorney Joseph K. Merical is no longer representing plaintiffs in this case. Attorney Williams is directed to file a notice of appearance. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/26/2022. (sg)
January 25, 2022	Filing 203 NOTICE by ADO Staffing, Inc., Adecco USA, Inc. SUBSTITUTION OF COUNSEL (Williams, Courtney)
January 20, 2022	Filing 202 RESPONSE TO LETTER BRIEF filed by ADO Staffing, Inc., Adecco USA, Inc. as to #200 LETTER BRIEF,,, filed by Shelly Kranz, Karen Standford, Staffworks, Inc., Brianna Flint, Vicki Rodabaugh, Karen Walser, Anita Vitullo, Maurica Gloria, Tayler Fravel, Deborah Rohde . (Attachments: #1 Exhibit(s) 1 - Discovery Agreements Reached and Pending Issues)(Tarney, Tyler)
January 20, 2022	Filing 201 RESPONSE TO LETTER BRIEF filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser as to #199 LETTER BRIEF,, filed by Adecco USA, Inc., ADO Staffing, Inc. . (Attachments: #1 Exhibit(s) 1 - Email communication re: email account)(Zarlock, Preston)
January 17, 2022	Filing 200 LETTER BRIEF on outstanding discovery issues pursuant to Dkt. Nos. 196 and 198 by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) 1 - Adecco's Responses to Request for Production, #2 Exhibit(s) 2 - November 15, 2021 Letter to Counsel for Adecco, #3 Exhibit(s) 3 - Dkt 53 - Lindsey Declaration, #4 Exhibit(s) 4 - Dkt 38 - Clements Declaration, #5 Exhibit(s) 5 - P.I. Hrg., Ex. 16 - Email from Boral, #6 Exhibit(s) 6 - Email from L. Bush to United Auto Supply, #7 Exhibit(s) 7 - Email from M. Molik to Felix Schoeller, #8 Exhibit(s) 8 - Email from Boral to M. Molik, #9 Exhibit(s) 9 - Email from C. Stalker to Silgan, #10 Exhibit(s) 10 - January 14, 2022 to counsel for Adecco)(Zarlock, Preston) Modified on 2/2/2022 (sg, ).
January 17, 2022	Filing 199 LETTER BRIEF regarding Discovery Issues by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Adecco 1-3-22 letter with redaction, #2 Exhibit(s) 2 - Excerpts from Defs' Production, #3 Exhibit(s) 3 - Defs' 1-13-22 ID of ESI Sources, #4 Exhibit(s) 4 - Adecci;s Resoibse ti Staffworks' INT No. 11, #5 Exhibit(s) 5 - Defs' 12/15/20 3rd Amended Initial Disclosures, #6 Exhibit(s) 6 - Examples of Testimony and Declarations from Preliminary Inj Hrg)(Tarney, Tyler) Modified on 2/2/2022 (sg, ).
January 7, 2022	Filing 198 TEXT ORDER: Court reviewed letter motion (Dkt. No. #197 ) requesting additional time for submission of letter briefs regarding any remaining discovery disputes. Letter motion granted. Initial letter briefs as directed in Dkt. No. 195 now due by 5pm on 1/17/2022; response briefs, if necessary, now due by 5pm on 1/20/2022. No further extensions will be granted for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/7/2022. (sg)
January 7, 2022	Filing 197 Joint Letter Request Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting Extension of Briefing Deadlines submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
December 29, 2021	Filing 196 NOTICE of Appearance by Tyler L. Martin on behalf of ADO Staffing, Inc. (Martin, Tyler)
December 28, 2021	Filing 195 TEXT ORDER: Court has reviewed plaintiffs' letter request (Dkt. No. #194 ) which is granted, in part, as follows: the parties are directed to meet and confer no later than 1/5/2022 regarding all outstanding discovery disputes and make a good faith attempt to resolve all issues; each side shall then file a letter brief, no longer than 5pp, single spaced, 12pt font, by 5pm on 1/10/2022 setting forth their respective arguments regarding the remaining discovery disputes; the parties may then, if necessary, file a response, no longer than 2pp, single spaced, 12pt font, by 5pm on 1/13/2022. The Court may then schedule a telephone conference if the Court deems it necessary after reviewing the parties' submissions. In the meantime, the parties are to continue with discovery regarding matters upon which they agree. Plaintiff is also directed to continue the rolling production of the Staffworks client communications from 5/12/2020 to date for the 6 specific clients chosen by Staffworks as directed in Dkt. No. 185 in a readily reviewable format so that the rolling production is completed by 1/13/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/28/2021. (sg)
December 28, 2021	Filing 194 Letter Request Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Letter Request submitted to Judge Therese Wiley Dancks . (Tarney, Tyler)
December 23, 2021	ADR COMPLETED: Case did not settle. Attorney Elena DeFio Kean terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal)
December 22, 2021	Filing 193 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on December 21, 2021. Total Hours Spent by Mediator: 11.7; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Kean, Elena)
December 20, 2021	Filing 192 CONFIDENTIALITY AGREEMENT (Kean, Elena)
December 17, 2021	Filing 191 TEXT ORDER : Court reviewed letter motion (Dkt. No. #189 ) and held an immediate telephone conference with the parties due to the mediation scheduled for the week of 12/20/2021. After hearing from the parties, the defendants indicated that they were willing to go forward with the mediation without the subject emails in a format they can readily review. Therefore, the parties are directed to mediate in good faith. If the matter is not resolved through mediation, the Court will schedule a telephone conference to discuss all outstanding discovery issues including the issues raised in Dkt. No. 189. The letter motion (Dkt. No. 189) is denied without prejudice at this time. Plaintiff should direct its IT team to continue to obtain all of the subject emails demanded in a format readily reviewable so they may be immediately produced to defendants if the matter is not resolved through mediation. The Court again reiterated that no extensions of the current discovery deadlines will be granted for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/17/2021. (sg)
December 17, 2021	Filing 190 NOTICE of Appearance by Mary Jane Morley on behalf of All Defendants (Morley, Mary Jane)
December 16, 2021	Filing 189 MOTION to Compel (Letter) filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. Response to Motion due by 1/6/2022 (Attachments: #1 Exhibit(s) Email chain) Motions referred to Therese Wiley Dancks. (Zarlock, Preston)
December 10, 2021	Filing 188 TEXT ORDER: Court has reviewed plaintiffs letter motion (Dkt. No. #186 ) for a discovery conference and the response (Dkt. No. #187 ) from defendants. Letter motion denied. The Court modifies Dkt. No. 185 and directs Plaintiff to produce, by 10am on 12/16/2021, email communications regarding the six chosen clients from the Bullhorn and Salesforce platforms. This is without prejudice to possible directive for further production after the mediation if the case is not resolved at mediation. The parties need to seriously review their respective claims and defenses and proceed to mediation in good faith making every effort to resolve the case. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/10/2021. (sg)
December 9, 2021	Filing 187 RESPONSE to Motion re #186 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Discovery Conference on 12/10/2021 submitted to Judge Therese Dancks filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
December 9, 2021	Filing 186 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Discovery Conference on 12/10/2021 submitted to Judge Therese Dancks . (Tarney, Tyler)
December 8, 2021	Filing 185 TEXT ORDER: Court reviewed status report (Dkt. No. #184 ) regarding discovery issues in preparation for mediation. No later than 10a.m. Eastern Time on 12/13/2021, Staffworks is directed to identify to Adecco all ESI sources used by the individual defendants from 5/12/2020 to date, along with the approximate most recent date used. No later than 10a.m. Eastern time on 12/13/2021, Adecco is directed to produce to Staffworks client communications from 5/12/2020 to date for a total of 6 specific clients chosen by Staffworks. Staffworks is directed to identify the 6 specific clients to Adecco by 12p.m. Eastern Time on 12/8/2021. The remaining two discovery issues in contention prior to the mediation (identification of all documents in defendant's possession or used by defendants after leaving Adecco; and "high level" corporate policies on Adecco's restructuring) are held in abeyance at this time and the Court will revisit those issues if the parties are unable reach a settlement at the mediation. All other discovery the parties agreed to produce prior to the mediation shall be produced to the opposing party no later than 5:00p.m. Eastern Time on 12/10/2021 if not already produced. The parties are reminded to mediate in good faith and in accordance with the directives set forth in G.O. 47. The parties are also reminded that if they are unable to resolve the matter at mediation, the discovery deadlines set forth in Dkt. No. #158 are firm and will not be extended for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/8/2021. (sg)
December 3, 2021	Filing 184 STATUS REPORT (Joint) by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) Pls Ex 1 Adecco Resp to INT 11, #2 Exhibit(s) Pls Ex 2 12-1-21 Adecco Letter, #3 Exhibit(s) Pls Ex 3 Emails, #4 Exhibit(s) Pls Ex 4 11-17-21 Adecco Letter, #5 Exhibit(s) Defs Ex 1 11-15-21 Def's Letter)(Tarney, Tyler)
November 29, 2021	Filing 183 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Elena DeFio Kean has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Preston Zarlock and Tyler Tarney, Esq. and. Dated: November 29, 2021(Zarlock, Preston)
November 19, 2021	Filing 182 ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 11/30/2021. Deadline for completion of Mandatory Mediation is 1/3/2022. Signed by Magistrate Judge Therese Wiley Dancks on 11/18/2021. (sg)
November 19, 2021	Filing 181 TEXT ORDER: The Court made the following directives during the 11/18/2021 telephone conference: Defendants to provide separate affidavits to Plaintiff by 11/30/2021 from each named defendant and someone from Staffworks, swearing that they have performed a diligent search for any and all flash drives and other storage devices, the efforts that were made to search for those storage devices, that they have turned all such devices in their possession over to their counsel, and they have no other such storage devices. Plaintiff to file a status report by 12/3/2021 re: what further discovery is necessary before the mediation session, and any discovery issues necessary for the mediation that the parties have been unable to resolve among themselves. Court continues to hold in abeyance the issue of the forensic imaging of the Staffworks computers issued to Walser, Rodabaugh, and Rohde. Defendants to provide to Plaintiff by 12/7/2021 any further documents regarding Staffworks customers who were Adecco customers with whom the individual defendants worked while in the employ of Adecco, whether or not they are current customers of Adecco or Staffworks. Case is referred into Mandatory Mediation, a separate order will be issued. All pending deadlines remain as previously established. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/19/2021. (sg)
November 18, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 11/18/2021. Counsel report on status of storage devices, other discovery, issue of forensic imaging of the Staffworks computers issued to Walser, Rodabaugh, and Rohde, and mediation is discussed. Court makes directives and sets deadlines, a separate text order will be issued. APPEARANCES: Tyler Tarney, Esq. for Plaintiff; Preston Zarlock, Esq. and Joshua Glasgow, Esq. for Defendants. (sg)
October 25, 2021	Filing 180 STATUS REPORT regarding status of devices by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
October 21, 2021	Filing 179 TEXT ORDER: Court has reviewed letter motion (Dkt. No. #175 ) brief requesting discovery conference regarding various USB storage devices and the Staffworks-issued computers issued to defendants Walser, Rodabaugh, and Rohde. Court has also reviewed defendants letter (Dkt. No. #176 ) brief in opposition. Request for conference is denied without prejudice at this time. Per Text Notice dated 8/5/2021, a discovery status conference is already scheduled for 11/18/2021. In the meantime, the parties are directed to turn over to neutral custodian Avalon Legal, by 5pm Eastern Time on 10/25/2021, the "17 flash drives or hard drives for forensic imaging and analysis to occur with 14 of them for now" under the same protocol as set forth in Dkt. No. #165 . (Dkt. No. #175 at 1.) The Staffworks-issued computers issued to defendants Walser, Rodabaugh, and Rohde must be in the possession of counsel for Staffworks, if not already, by 5pm Eastern Time on 10/22/2021. Counsel for Staffworks shall preserve those computers and all data on them. Nothing in this Text Order shall prohibit Adecco from serving appropriate discovery demands as to information that may be contained on those Staffworks-issued computers. The Court will revisit whether or not any forensic imaging of those computers is appropriate at the 11/18/2021 conference. The parties should also be prepared to discuss all discovery completed to date and all efforts the parties have made to settle this matter as directed in Dkt. No. 163 . The parties should also discuss proposed mediators and a date for mediation as the Court will likely issue a mandatory mediation order at the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/21/2021. (sg)
October 14, 2021	Filing 178 REPLY to Response to Motion re #171 MOTION to Dismiss for Failure to State a Claim filed by ADO Staffing, Inc., Adecco USA, Inc.. Motion returnable before Judge D'Agostino filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
October 7, 2021	Filing 177 RESPONSE in Opposition re #171 MOTION to Dismiss for Failure to State a Claim filed by ADO Staffing, Inc., Adecco USA, Inc.. Motion returnable before Judge D'Agostino filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
September 29, 2021	Filing 176 RESPONSE to Motion re #175 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Discovery Conference Regarding Scope of Additional Devices submitted to Judge Therese Wiley Dancks filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) 1 - email communications)(Zarlock, Preston)
September 27, 2021	Filing 175 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Discovery Conference Regarding Scope of Additional Devices submitted to Judge Therese Wiley Dancks . (Attachments: #1 Proposed Order/Judgment 1 - Proposed Order, #2 Exhibit(s) 2 - Neutal Custodian Email, #3 Exhibit(s) 3 - Walser Adecco Emails to Personal Accounts after 5/12/2020, #4 Exhibit(s) 4 - Police Report)(Tarney, Tyler)
September 27, 2021	Filing 174 AFFIDAVIT of Service for Third Amended Subpoena to Produce Documents, Information, or Objects etc. served on Facebook on 9/23/2021, filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
September 22, 2021	Filing 173 TEXT ORDER granting #172 Letter Request for Court to issue Third Amended Subpoena to Facebook. Subpoena attached to this docket entry. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/22/2021. (sg)
September 21, 2021	Filing 172 Joint Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Third Amended Subpoena to Facebook submitted to Judge Therese Dancks per Dkt. 170 Text Order. (Attachments: #1 Exhibit(s) Third Amended Subpoena to Facebook, #2 Exhibit(s) Emails with Facebook)(Tarney, Tyler)
September 16, 2021	Filing 171 MOTION to Dismiss for Failure to State a Claim filed by ADO Staffing, Inc., Adecco USA, Inc.. Motion returnable before Judge D'Agostino Response to Motion due by 10/7/2021. Reply to Response to Motion due by 10/14/2021 (Attachments: #1 Memorandum of Law) (Tarney, Tyler)
September 7, 2021	Filing 170 TEXT ORDER: Court reviewed status report (Dkt. No. #169 ) regarding Facebook subpoena. The parties shall file a further joint status report on that subpoena by 9/24/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/7/2021. (sg)
September 3, 2021	Filing 169 STATUS REPORT Joint Letter regarding Subpoena to Facebook by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Emails with Facebook's Counsel)(Tarney, Tyler)
August 26, 2021	Filing 168 Amended ANSWER to Complaint Amended Complaint Dkt 97, COUNTERCLAIM against All Plaintiffs by Deborah Rohde, Shelly Kranz, Brianna Flint, Karen Walser, Maurica Gloria, Karen Standford, Staffworks, Inc., Anita Vitullo, Tayler Fravel, Vicki Rodabaugh.(Zarlock, Preston)
August 18, 2021	Filing 167 TEXT ORDER: Court reviewed status report (Dkt. No. #166 ) regarding the subject Facebook information. The parties are directed to file a further joint status report regarding the Facebook subpoena and information by 9/3/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/18/2021. (sg)
August 16, 2021	Filing 166 LETTER BRIEF Joint Letter re Status Report for Facebook Subpoena by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - to Joint Letter re Facebook Subpoena)(Tarney, Tyler)
August 5, 2021	Filing 165 ORDER Regarding Protocol for Dissemination of Information From Adecco-Based Devices. Signed by Magistrate Judge Therese Wiley Dancks on 8/5/2021. (sg)
August 5, 2021	Filing 164 PROTECTIVE ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 8/5/2021. (sg)
August 5, 2021	Filing 163 TEXT ORDER: Court has reviewed the parties' submissions regarding a protective order and the protocol for dissemination of information from Adecco-issued electronic devices (Dkt. Nos. #152 , #153 , #162 ) and considered the arguments of counsel made during telephone conferences with the Court and in previous submissions related to these issues. (See Dkt. Nos. #125 , #127 , 136 , #143 , 144 , Text Minute Entries 5/17/2021 and 7/20/2021.) By separate docket entries, the Court will issue a Protective Order which provides for the handling of "confidential" as well as "highly confidential" documents. The Court will also issue an Order regarding the protocol for dissemination of information from Adecco-issued electronic devices which essentially provides for the simultaneous dissemination of such information to both parties with the exception of the information from any device used by Defendant Karen Walser. The parties are to strictly adhere to the directives in these Court Orders. Court has also reviewed the status report (Dkt. No. #161 ) regarding the subject Facebook information. The parties are directed to submit a further joint status report on the issue related to the Facebook information by 8/16/2021. The parties should also work diligently to complete discovery within the deadlines set forth in the Uniform Pretrial Scheduling Order (Dkt. No. #158 ) because those deadlines will not be extended for any reason. The parties are also directed to continue good faith efforts at settlement. A referral to mediation will be made at the next Court conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/5/2021. (sg)
August 5, 2021	TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 11/18/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6844.(sg)
August 4, 2021	TEXT Minute Entry for Telephone Pre-Motion Conference held on 8/4/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Tyler Tarney, Esq. for the Plaintiff; and Preston Zarlock, Esq. for defendants; Judge D'Agostino addresses counsel regarding the pre-motion letters and the deadlines in this case. Judge D'Agostino informs counsel that the deadlines set by Magistrate Judge Dancks in this matter were very generous, therefore, she will not entertain any requests for extensions of those deadlines. The Court also informs counsel that discovery will NOT be stayed while motions are decided - counsel should proceed accordingly; Judge D'Agostino will permit defense counsel to file an amended answer - their answer should be filed ASAP (no specific ddl set, but should be ASAP less than 30 days); Once the amended answer is filed, if plaintiff's counsel still feels that they need to make a motion to dismiss counterclaims, they may do so. If a motion is going to be filed by the Plaintiff, that motions should also be filed ASAP, after the defendant submits their amended answer; No further conference will be necessary for the filing of the motion discussed during this conference call. Judge D'Agostino sets a FIRM TRIAL Date of March 6, 2023 at 9:30 a.m. in Albany before Judge D'Agostino. This is a firm trial date and will not be adjourned. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 9:28 a.m. - 9:38 a.m.]) (ban)
August 4, 2021	TEXT NOTICE SETTING JURY TRIAL: A Firm Jury Trial date is set for 3/6/2023 at 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino. (ban)
July 30, 2021	Filing 162 LETTER BRIEF Joint Letter re Proposal for Dissemination of Information from Adecco-Issued Devices by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Plaintiffs' Proposed Order, #2 Exhibit(s) 2 - Defendants' Proposed Order)(Tarney, Tyler)
July 30, 2021	Filing 161 STATUS REPORT Joint Status Report re Facebook Subpoena by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
July 23, 2021	Filing 160 AFFIDAVIT Proof of Service of Subpoena to Facebook, Inc. on 7/20/21 by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
July 22, 2021	Filing 159 Pre-Motion Response to #155 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino . (Zarlock, Preston)
July 20, 2021	Filing 158 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 15 days, to be held at Albany NY. Responses to all paper discovery demands due 10/29/2021. Fact Discovery due 4/29/2022. Fact Discovery motions due 5/13/2022. Initial expert disclosure due 6/30/2022. Responsive expert disclosure due 8/15/2022. Rebuttal due 8/31/2022. All expert discovery including expert depositions to be completed by 9/30/2022. Expert discovery motions due 10/14/2022. Dispositive Motions to be filed by 12/30/2022. Mandatory Mediation deferred (not opted out). Signed by Magistrate Judge Therese Wiley Dancks on 7/20/2021. (sg)
July 20, 2021	Filing 157 TEXT ORDER: The Court made the following directives at the 7/20/2021 Telephone Conference: By 7/30/2021, Plaintiff to file a joint letter to the Court re: a proposal for the dissemination of the information from the electronic devices, advising the Court where each party agrees and differs. Court will then issue a decision on the protective order and a ruling on the proposal for the dissemination of the information from the electronic devices at the same time. Plaintiff to also file a status report on service of the Facebook subpoena by 7/30/2021. Court sets discovery schedule, a separate Uniform Pretrial Scheduling Order will follow. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/20/2021. (sg)
July 20, 2021	Filing 156 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 7/20/2021. Counsel report on status of the Facebook subpoena. Court hears from counsel on issues of status of discovery from the devices, and proposed protective orders submitted by counsel. Court sets discovery schedule and makes rulings during this conference. A pretrial scheduling order and order on Court directives will be issued. Appearances: Tyler Tarney, Esq. for Plaintiffs; Preston Zarlock, Esq. for Defendants. (sg)
July 19, 2021	Filing 155 Pre-Motion Letter by ADO Staffing, Inc., Adecco USA, Inc. requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 7/22/2021 (Tarney, Tyler)
July 16, 2021	Filing 154 NOTICE of Appearance by Joseph K. Merical on behalf of ADO Staffing, Inc., Adecco USA, Inc. (Merical, Joseph)
July 14, 2021	Filing 153 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Protective Order submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 1 - Adecco Proposed Protective Order, #2 Exhibit(s) 2 - Redlined Comparison of Proposed Orders, #3 Exhibit(s) 3 - NDNY Website Form Protective Order, #4 Exhibit(s) 4 - Def's 1st RPDs to Plaintiffs, #5 Exhibit(s) 5 - Defs' 1st ROGs to Plaintiffs, #6 Exhibit(s) 6 - Defs' Rule 34 t Reqs for Production to Plaintiffs, #7 Exhibit(s) 7 - Adecco USA 1st Disc Reqs to Staffworks)(Tarney, Tyler)
July 14, 2021	Filing 152 LETTER BRIEF pursuant to June 30, 2021 text order (Dkt. 143) by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Proposed Protective Order, #2 Protective Order - Redline)(Zarlock, Preston)
July 12, 2021	Filing 151 TEXT ORDER granting #150 Letter Request for a court-issued subpoena. Subpoena to Facebook, Inc. issued by the Court is attached to this docket entry. The parties are reminded that proof of service of the subpoena on Facebook should be filed by 7/30/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/12/2021. (sg)
July 9, 2021	Filing 150 Joint Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Document Production submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) Proposed Second Supplemental Subpoena to Facebook, Inc.)(Tarney, Tyler)
July 7, 2021	Filing 149 ANSWER to #1 Complaint,,,, Answer to Adecco's Counterclaims by Brianna Flint, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Walser.(Zarlock, Preston)
July 7, 2021	Filing 148 ANSWER to #97 Amended Complaint, , COUNTERCLAIM against Adecco USA, Inc. and ADO Staffing, Inc. by Anita Vitullo, Brianna Flint, Karen Walser, Deborah Rohde, Tayler Fravel, Vicki Rodabaugh, Shelly Kranz, Maurica Gloria, Karen Standford, Staffworks, Inc..(Zarlock, Preston) Modified on 7/7/2021 (see, ).
July 7, 2021	CLERK'S CORRECTION OF DOCKET ENTRY re #148 Answer to Amended Complaint,, Counterclaim. The entry stated that the counterclaims were against All Defendants. Corrected the docket text to state that the counterclaim is against Adecco USA, Inc. and ADO Staffing, Inc. (see)
July 6, 2021	Filing 147 TEXT ORDER: Court reviewed status report/letter request (Dkt. No. #140 ) regarding Facebook subpoena. The parties have misunderstood the Court's docket entry and Rule 45 of the Federal Rules of Civil Procedure (FRCP). The Court does not serve subpoenas for parties. Rather, when a "so ordered" subpoena is requested by a party, the Court reviews the subpoena and issues it with the Court's signature, if appropriate, for the parties to serve on the subpoenaed entity/person. See FRCP 45(a). Therefore, the parties should submit a proposed second amended subpoena by 7/9/2021. The Court will then review it and issue it, if appropriate, so the parties can effectuate service on Facebook. The parties should then serve the subpoena on Facebook in accordance with FRCP 45(b), and file proof of service by 7/30/2021. The directive that the plaintiff file a status report due 7/14/2021 is vacated at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/6/2021. (sg)
July 2, 2021	Filing 146 Joint Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting submit and serve second amended subpoena submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 1 - 6-4-21 Fax to Facebook with Amended Subpoena, #2 Exhibit(s) 2 - 6-4-21 Email to Facebook with Amended Subpoena)(Tarney, Tyler)
June 30, 2021	Filing 145 TEXT ORDER: A telephone Status Conference has been set for 7/20/2021 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 2644. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/30/2021. (sg)
June 30, 2021	Filing 144 TEXT ORDER: Court has reviewed status report (Dkt. No. #143 ) and directs the following: the parties are to submit a stipulated proposed protective order as referenced in Dkt. No. 143 by 7/14/2021. If the parties are unable to stipulate to the contents of a proposed protective order, then each party shall submit their respective proposed protective order, along with a cover letter to support the requested protective order, by 5pm on 7/14/2021. Regarding the subpoena to Facebook (Dkt. No. #140 ), the parties are directed to file proof of service including any delivery or tracking information by 7/2/2021, and to reach out to Facebook to determine the status of the response to the subpoena. Plaintiff to file a further status report by 7/14/2021 regarding any further information on Facebook's compliance with the subpoena. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/30/2021. (sg)
June 25, 2021	Filing 143 STATUS REPORT Joint Status Report by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
June 23, 2021	Filing 142 MEMORANDUM-DECISION AND ORDER granting #107 Motion to Consolidate Cases; denying #114 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Plaintiffs' motion to consolidate is GRANTED; and the Court furtherORDERS that Defendants' cross-motion to dismiss (Dkt. No. 115) is DENIED; and the Court further ORDERS that Adecco USA, Inc. et al v. Staffworks, Inc. et al, No. 6:20-cv-744 and Staffworks, Inc. et al v. Adecco USA, Inc., No. 6:20-CV-747 are CONSOLIDATED; and the Court further ORDERS that all pleadings and papers shall be filed with Adecco USA, Inc. et al v. Staffworks, Inc. et al, No. 6:20-cv-744 and shall henceforth bear the new consolidated caption setforth by the Court on page 1 of this Order; and the Court furtherORDERS that the Clerk of the Court shall administratively close Staffworks, Inc. et al v. Adecco USA, Inc., No. 6:20-CV-747. Any documents filed in the administratively closed case in the future shall be automatically stricken; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/21. (ban)
June 4, 2021	Filing 141 TEXT ORDER: The Court has issued the subpoena (Dkt. No. #140 ) as requested by the parties who shall send copies of the subpoena with exhibits via fax as stipulated in Exhibit B, paragraph 2 (Joint Stipulation and Order), as approved by the Court on 6/2/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/4/2021. (sg)
June 4, 2021	Filing 140 Subpoena issued by Magistrate Judge Therese Wiley Dancks on 6/4/2021. (sg )
June 3, 2021	Filing 139 Joint Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting Issuance of Amended Subpoena to Facebook submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) Amended Subpoena to Facebook)(Tarney, Tyler)
June 2, 2021	Filing 138 Stipulation and Order authorizing plaintiff to issue subpoena to Facebook, Inc. Subpoena issued by the Court on 6/2/2021 attached to this docket entry. Signed by Magistrate Judge Therese Wiley Dancks on 6/2/2021. (Attachments: #1 Subpoena)(sg)
May 28, 2021	Filing 137 STIPULATION re 136 Order,,,,,, Set Deadlines,,,,, Joint Stipulated Order Regarding Subpoena to Facebook Regarding Facebook Page Data by ADO Staffing, Inc., Adecco USA, Inc. submitted to Judge Mae A. D'Agostino. (Attachments: #1 Exhibit(s) 1 - Subpoena to Facebook)(Tarney, Tyler)
May 17, 2021	Filing 136 TEXT ORDER: The Court made the following rulings at the 5/17/2021 Telephone Conference: No discovery will be ordered at this time until the pending motion to dismiss is decided. Stipulation re: Facebook account to be submitted for Court approval by 5/28/2021. If the parties cannot stipulate as to the Facebook account, then each party is to submit a letter explaining where they differ from the other with a proposed order for the Court to review by 5/28/2021. The subject 12 devices will remain with the neutral third party until further order of this Court or stipulation of the parties. Plaintiff to file joint status report by 6/25/2021 re: the status of the electronic information including the status of the imaging of the iPhone and iPad that had not yet been accessed but was in process at the time of the conference. Parties should also report on the status of the Facebook account and confirm that this data will be preserved and once accessed, held by a third party. Defendant is directed to ensure that Staffworks maintains electronic information as discussed during the conference and previously ordered by the Court. The parties are also directed to resume good faith efforts at settlement. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/17/2021. (sg)
May 17, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 5/17/2021. Appearances: Tyler Tarney, Esq. for Plaintiffs; Joshua Glasgow, Esq. for Defendants. Counsel report on the status of the processing of the devices by the third party. Court inquires about whether parties have discussed resolving the case. No discovery will be ordered at this time until decision on pending motion to dismiss is issued. Court makes directives and sets deadlines, a separate text order will be issued. (sg)
February 12, 2021	Filing 135 TEXT ORDER granting #133 Letter Request for Mary Csarny to withdraw as counsel: It is hereby ORDERED that the Plaintiff's request for Mary Csarny, Esq. to withdraw as co-counsel for the plaintiff, is GRANTED. The Clerk is directed to terminate Mary Csarny, Esq. as co-counsel for the plaintiff. The Law firm of Gordon & Rees LLP will remain as counsel for the plaintiff. Signed by U.S. District Judge Mae A. D'Agostino on 2/12/21. (ban)
February 11, 2021	Filing 134 TEXT ORDER granting #132 Letter Request. Rule 33 and 34 Requests to be served by 2/23/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/11/2021. (sg)
February 11, 2021	Filing 133 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Withdrawal of Mary Csarny as Counsel submitted to Judge Mae A. D'Agostino . (Tarney, Tyler)
February 11, 2021	Filing 132 Joint renewed Letter Motion from Preston Zarlock and Tyler Tarney for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting to move the 2/12/21 deadline to submit Rule 33 & 34 requests to 2/23/2021 submitted to Judge Therese Wiley Dancks . (Zarlock, Preston)
February 10, 2021	Filing 131 TEXT ORDER: Court reviewed letter request (Dkt. No. #129 ) requesting an extension of time to serve Rule 33 and 34 requests which does not set forth a good cause reason for the request. Therefore it is denied without prejudice to resubmit a request that provides a good cause reason for the requested extension. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/10/2021. (sg)
February 10, 2021	Filing 130 TEXT ORDER granting #128 Letter Request to withdraw as counsel: It is hereby ORDERED that defense counsel's request for the law firm of Rossi & Rossi to withdraw as co-counsel for the defendants in this matter is GRANTED; The Clerk is directed to terminate counsel with the law firm of Rossi & Rossi as counsel in this matter. The law firm of Phillips Lytle LLP will remain as counsel for the defendants. Signed by U.S. District Judge Mae A. D'Agostino on 2/10/21. (ban)
February 9, 2021	Filing 129 Joint Letter Motion from Preston Zarlock and Tyler Tarney for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting to push back the 2/12/21 deadline to submit Rule 33 & 34 requests to 2/23/21 submitted to Judge Therese Wiley Dancks . (Zarlock, Preston)
February 8, 2021	Filing 128 Letter Motion from Staffworks, Inc. for Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting Withdrawal from case submitted to Judge D'Agostino . (Rossi, Evan)
February 5, 2021	Filing 127 RESPONSE TO LETTER BRIEF filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser as to #125 LETTER BRIEF filed by Adecco USA, Inc., ADO Staffing, Inc. . (Zarlock, Preston)
February 1, 2021	Filing 126 STIPULATION AND ORDER re: Adecco-issued devices: The respective devices should be sent to Avalon Cyber by 2/8/2021 via an appropriate overnight service with tracking abilities. Signed by Magistrate Judge Therese Wiley Dancks on 2/1/2021. (sg)
January 29, 2021	Filing 125 LETTER BRIEF by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
January 29, 2021	Filing 124 STIPULATION Joint Stipulation Regarding Adecco-Issued Devices by ADO Staffing, Inc., Adecco USA, Inc. submitted to Judge Mae A. D'Agostino. (Tarney, Tyler)
January 28, 2021	Filing 123 RESPONSE in Support re #114 Cross MOTION to Dismiss for Failure to State a Claim and in opposition to Adecco's Motion to Consolidate (Dkt # 107). Response deadlines set by text order on 12/16/2020 (opposition/reply due 1/21/21 and sur-reply due 1/28/21) filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
January 21, 2021	Filing 122 RESPONSE in Opposition re #114 Cross MOTION to Dismiss for Failure to State a Claim and in opposition to Adecco's Motion to Consolidate (Dkt # 107). Response deadlines set by text order on 12/16/2020 (opposition/reply due 1/21/21 and sur-reply due 1/28/21) filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Modis v. Viet)(Tarney, Tyler)
January 15, 2021	Filing 121 TEXT ORDER : Court made the following directives during the 1/15/2021 Telephone Discovery Conference: After hearing from the parties, Court will permit some discovery. Parties to submit a stipulated protective order for Court approval re: the issue of sending the subject devices to a neutral third party for duplication of the ESI, as directed and discussed during the conference, by 1/29/2021. Plaintiff to file a letter brief by 1/29/2021, no more than 5pp, single-spaced, 12pt font, on the issue of the neutral party that will have possession of the subject devices. Defendant to file a response to Plaintiffs letter brief by 2/5/2021, no more than 5pp, single-spaced, 12pt font. Rule 33 and 34 Requests to be served by 2/12/2021. No response date will be set for the reasons stated on the record. Court will schedule another telephone conference, a separate text notice will be issued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/15/2021. (sg, )
January 15, 2021	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 1/15/2021. Appearances: Tyler Tarney, Esq. for Plaintiff; Preston Zarlock, Esq. and Joshua Glasgow, Esq. for Defendants. Court hears from counsel on issues raised in Dkt. 117. Court issues decisions and directives, a separate text order will be issued. (sg )
January 15, 2021	TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 5/17/2021 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8645.(sg)
January 14, 2021	Filing 120 TRANSCRIPT of Proceedings: Order to Show Cause Hearing held on November 3, 2020, before Judge Mae A. D'Agostino, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021. Notice of Intent to Redact due by 1/19/2021 (lt, )
January 11, 2021	Filing 119 TEXT ORDER granting #117 Letter Request for Court conference. A Telephone Discovery Conference has been set for 1/15/2021 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8473. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/11/2021. (sg )
January 7, 2021	Filing 118 ORDER granting #108 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 1/7/21. (ban)
January 7, 2021	Filing 117 Joint Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting Discovery Conference submitted to Judge Therese Wiley Dancks . (Attachments: #1 Exhibit(s) 1 - Stipulation Plaintiff's Version, #2 Exhibit(s) 2 - Clingerman CV, #3 Exhibit(s) 3 - Stipulation Defendants' Version)(Tarney, Tyler)
January 5, 2021	Filing 116 TEXT ORDER denying email request to file a reply. On January 5, 2021, Defendant's counsel emailed Judge D'Agostino's Chambers seeking clarification on the due date for its reply on the pending motion for reconsideration of the Court's order granting in part and denying in part reconsideration of the Court's order granting in part and denying in part Plaintiffs' motion for a preliminary injunction (no, that is not a typo). It is hereby ORDERED that no reply shall be permitted on the pending motion for reconsideration. Given that this is a motion seeking reconsideration of a previous motion for reconsideration (a first for this Court and hopefully the last) no reply is necessary or warranted. The parties are further instructed that any request seeking reconsideration of the Court's forthcoming order on the pending motion for reconsideration will be summarily denied. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 1/5/21. (ban)
January 4, 2021	Filing 115 MEMORANDUM OF LAW re #114 Motion to Dismiss for Failure to State a Claim,, and in opposition to Adecco's Motion to Consolidate (Dkt # 107). Response deadlines set by text order on 12/16/2020 (opposition/reply due 1/21/21 and sur-reply due 1/28/21) filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
January 4, 2021	Filing 114 Cross MOTION to Dismiss for Failure to State a Claim and in opposition to Adecco's Motion to Consolidate (Dkt # 107). Response deadlines set by text order on 12/16/2020 (opposition/reply due 1/21/21 and sur-reply due 1/28/21) Response to Motion due by 1/25/2021. Reply to Response to Motion due by 2/1/2021 filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
January 4, 2021	Filing 113 RESPONSE in Opposition re #108 MOTION for Reconsideration re #105 Order on Motion for Reconsideration,, filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
December 16, 2020	Filing 112 TEXT ORDER granting #110 #111 Letter Requests re #107 MOTION to Consolidate Cases and the Anticipated Motion to Dismiss : The Court is in receipt of the plaintiff's letter [dkt. no. 110] and defendant's responsive letter [dkt. no. 111]. The Court will grant the requests to extend time for the plaintiff to submit a reply in support of their motion to consolidate and in opposition to defendant's Cross-Motion to Dismiss, that reply shall be filed on or before 1/21/21. The Court further ORDERS that Defendants will be permitted to file a sur-reply, not to exceed 5 pages. Defendant's sur-reply shall be filed on or before 1/28/21. Signed by U.S. District Judge Mae A. D'Agostino on 12/16/20. (ban)
December 16, 2020	Filing 111 RESPONSE to Motion re #110 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Extension of Briefing Deadlines submitted to Judge Mae A. D'Agostino filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Glasgow, Joshua)
December 15, 2020	Filing 110 Letter Motion from Tyler Tarney for ADO Staffing, Inc., Adecco USA, Inc. requesting Extension of Briefing Deadlines submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s) 1 -- 12.15.2020 email)(Tarney, Tyler)
December 14, 2020	Filing 109 MEMORANDUM OF LAW re #108 Motion for Reconsideration, filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
December 14, 2020	Filing 108 MOTION for Reconsideration re #105 Order on Motion for Reconsideration,, Motion Hearing set for 1/19/2021 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 1/4/2021 filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
December 14, 2020	Filing 107 MOTION to Consolidate Cases Motion Hearing set for 1/14/2021 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 12/28/2020 filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of Tyler Tarney, #3 Exhibit(s) 1 to Tarney Declaration, #4 Exhibit(s) 2 to Tarney Declaration, #5 Exhibit(s) 3 to Tarney Declaration, #6 Exhibit(s) 4 to Tarney Declaration) Motions referred to Therese Wiley Dancks. (Tarney, Tyler)
December 14, 2020	TEXT NOTICE RE-SETTING Motion deadlines re #107 MOTION to Consolidate Cases : The Motion Hearing is reset for 1/19/2021 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 1/4/2021, Reply to Response to Motion due by 1/8/2021. (ban)
December 9, 2020	Filing 106 TRANSCRIPT REQUEST by ADO Staffing, Inc., Adecco USA, Inc. for proceedings held on 11/3/2020 before Judge D'Angostino.. (Tarney, Tyler)
November 30, 2020	Filing 105 ORDER granting in part and denying in part #76 Motion for Reconsideration: The Court hereby ORDERS that Plaintiffs' motion for reconsideration (Dkt. No. 76) is DENIED in part and GRANTED in part; and the Court further ORDERS that Defendant Walser must abide by the terms of her non-disclosure agreement during the pendency of this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 11/30/20. (ban)
November 24, 2020	Filing 104 TEXT ORDER: Court has reviewed letter request (Dkt. No. #102 ) for a telephone conference regarding a discovery issue concerning Rule 26 disclosures. Letter request denied without prejudice at this time. The parties are directed to meet and confer by telephone conference or virtual meeting to attempt to resolve the pending dispute. Letters and emails back and forth do not satisfy the meet and confer requirement. The parties should also discuss proposals to settle this matter as directed by District Judge D'Agostino. If the parties are unable to resolve their differences regarding the Rule 26 disclosures after actually speaking to each other, then counsel may file a further request for a conference with the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/24/2020. (sg)
November 24, 2020	Filing 103 RESPONSE TO LETTER BRIEF filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Shelly Kranz, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser as to #102 Letter Request/Motion filed by Adecco USA, Inc., ADO Staffing, Inc. . (Attachments: #1 Exhibit(s) 1 - 11/9/2020 Ltr fr Adecco and Staffworks' Supplemental Disclosures)(Zarlock, Preston)
November 23, 2020	Filing 102 LETTER BRIEF/Letter Request Regarding Discovery per Local Rule 7.1(d)(3) by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Correspondence)(Tarney, Tyler) Modified on 11/24/2020 (sg, ).
November 16, 2020	Filing 101 TEXT ORDER granting #26 request to file motion to consolidate: The Court is in receipt of Plaintiffs' letter dated July 13, 2020. Plaintiffs request permission to file a motion to consolidate the following actions: Adecco USA, Inc. et al v. Staffworks Inc. et al, No. 6:20-CV-744 and Staffworks, Inc. et al v. Adecco USA, Inc. et al, No. 6:20-CV-747. Plaintiffs' request to file a motion to consolidate is granted. Plaintiffs' motion should be filed no later than December 14,2020. Once Plaintiffs have filed their motion to consolidate, Defendants may file a response in opposition and cross-move for dismissal. Defendants' response must be filed by January 4, 2021. Any reply must be filed by January 8, 2021. IT IS SO ORDERED. (ban)
November 12, 2020	Filing 100 WAIVER OF SERVICE Returned Executed by ADO Staffing, Inc., Adecco USA, Inc.. Shelly Kranz waiver sent on 11/10/2020, answer due 1/11/2021. (Tarney, Tyler)
November 12, 2020	Filing 99 Summons Issued as to Shelly Kranz. (sg )
November 12, 2020	***Answer due date updated for defendants Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, and Karen Walser: answer to Amended Complaint (Dkt. No. #97 ) due 11/24/2020. (sg )
November 10, 2020	Filing 98 REQUEST FOR ISSUANCE OF SUMMONS(ES): ADO Staffing, Inc., Adecco USA, Inc. is requesting summons(es) be issued as to #97 Amended Complaint, (Tarney, Tyler)
November 10, 2020	Filing 97 AMENDED COMPLAINT against Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser, Shelly Kranz filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - 2017-07-18 Kranz Employment Agreement, #2 Exhibit(s) 2 - Microstrategy Reports)(Tarney, Tyler)
November 4, 2020	Filing 96 MEMORANDUM-DECISION and ORDER denying #72 Motion for Preliminary Injunction/Motion for Contempt and Contempt Sanctions. Signed by U.S. District Judge Mae A. D'Agostino on 11/4/20. (ban)
November 3, 2020	Filing 95 Supplement to Plaintiff's Exhibit List for the 11/3/2020 Order to Show Cause/Contempt Hearing. (ban)
November 3, 2020	Filing 94 Exhibit Lists for Order to Show Cause/Contempt Hearing held before Judge Mae A. D'Agostino on November 3, 2020 via SKYPE. (Attachments: #1 Defendant's Exhibit List)(ban)
November 3, 2020	Filing 93 Minute Entry for Show Cause Hearing held VIA SKYPE on 11/3/2020 re #72 Motion for Preliminary Injunction filed by Adecco USA, Inc., ADO Staffing, Inc. before U.S. District Judge Mae A. D'Agostino: Appearances by Tyler Tarney, Esq. for the Plaintiffs; Preston Zarlock, Esq., Joshua Glasgow, Esq., and Vincent Rossi, Esq. for the defendants; The parties stipulate to the admission of all exhibits P-1 through P-26 and D-1 through D-8; Testimony and Evidence is entered. A written decision will be entered by the Court as soon as possible. (Court Reporter Lisa Tennyson, CRD Britney Norton) (ban)
October 27, 2020	Filing 92 NOTICE by ADO Staffing, Inc., Adecco USA, Inc. of Service of Suboena to Donna Bloom (Attachments: #1 Exhibit(s) 1)(Tarney, Tyler)
October 26, 2020	Filing 91 Witness List by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
October 26, 2020	Filing 90 Exhibit List for November 3, 2020 hearing by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
October 26, 2020	Filing 89 Exhibit List by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
October 26, 2020	Filing 88 Witness List by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
October 23, 2020	Filing 87 MEMORANDUM OF LAW re #72 Motion for Preliminary Injunction, #83 Response in Opposition to Motion,,,, - Reply in Support of Order to Show Cause Finding Defendants Gloria and Flint in Contempt and for Contempt Sanctions filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
October 23, 2020	Filing 86 AFFIDAVIT in Support re #72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions - Supplemental Declaration of Kari Carapella in Support of Motion for Contempt and Contempt Sactions filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - 9-2-20 Email, #2 Exhibit(s) 2 - 9-24-20 Email, #3 Exhibit(s) 3 - 9-18-2020 Email, #4 Exhibit(s) 4 - 10-5-2020 Screenshot, #5 Exhibit(s) 5 - 9-25-2020 Email, #6 Exhibit(s) 6 - 9-28-2020 Event, #7 Exhibit(s) 7 - 9-28-2020 Event, #8 Exhibit(s) 8 - 10-1-2020 Email, #9 Exhibit(s) 9 - 10-1-2020 Email, #10 Exhibit(s) 10 - 10-8-2020 Email, #11 Errata 11 - 10-12-2020 Email, #12 Exhibit(s) 12 - 10-14-2020 Email, #13 Exhibit(s) 13 - 10-14-2020 Event, #14 Exhibit(s) 14 - 10-19-2020 Email, #15 Exhibit(s) 15 - 10-19-2020 Email, #16 Exhibit(s) 16 - 10-21-2020 Email)(Tarney, Tyler)
October 23, 2020	Filing 85 REPLY to Response to Motion re #76 MOTION for Reconsideration re #71 Order on Motion for Preliminary Injunction,,,, filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
October 20, 2020	Filing 84 TEXT ORDER granting #81 request to hold hearing via Skype: The Court is in receipt of Plaintiff's letter dated October 19, 2020. Plaintiff requests that the Court reschedule the November 3, 2020 hearing on Plaintiff's motion for contempt to take place remotely via Skype. Recently, New York instituted a mandate requiring all travelers from Ohio to undergo a mandatory 14-day quarantine upon arrival in New York. In light of the fact that Plaintiff's counsel live in Ohio, the Court will grant Plaintiff's request to hold the hearing via Skype on November 3, 2020 at 9:30 AM. All counsel and witnesses should plan to appear via Skype. The maximum allowable time for each side is two hours. There will be absolutely no exceptions. All counsel are to insure that there are no technology issues on their end. If the Court experiences technological issues, such as echoing computers, the hearing shall cease and be re-scheduled in person. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 10/20/20. (ban)
October 19, 2020	Filing 83 RESPONSE in Opposition re #72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Declaration of Preston L. Zarlock, #2 Exhibit(s) A - 7/18/2020 Email from Boral, #3 Exhibit(s) B - Letter from Adecco to non-party Felix Schoeller, #4 Exhibit(s) C - Letter from Adecco to non-party Tessy, #5 Exhibit(s) D - Letter from Adecco to non-party Gatehouse Motel, #6 Declaration of Anita Vitullo, #7 Exhibit(s) A - Boral Agreement, #8 Declaration of Maurica Gloria, #9 Exhibit(s) A - June 25, 2020 emails, #10 Exhibit(s) B - typical request from Boral, #11 Exhibit(s) C - typical response to Boral, #12 Declaration of Brianna Flint, #13 Exhibit(s) Screenshots of Indeed website)(Zarlock, Preston) (Additional attachment(s) added on 10/20/2020: #14 Exhibit(s) A Conract Exhibit - Boral's Pricing Information) (ban, ).
October 19, 2020	Filing 82 RESPONSE in Opposition re #76 MOTION for Reconsideration re #71 Order on Motion for Preliminary Injunction,,,, filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
October 19, 2020	Filing 81 Joint Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting permissions regarding appearance at 11/3 hearing submitted to Judge D'Angostino . (Tarney, Tyler)
October 13, 2020	TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 10/13/2020. Court references Dkt. Nos. 78 and 79. After discussion with counsel, Court sets deadline of 10/23/2020 for exchange of Rule 26 Mandatory Disclosures. No other deadlines will be set until after the District Court rules on the pending motions. APPEARANCES: Tyler Tarney, Esq. for Plaintiff; Preston Zarlock, Esq., Joshua Glasgow, Esq., and Vince Rossi, Jr., Esq. for Defendants. (sg )
October 1, 2020	TEXT NOTICE of Telephone Conference: A Telephone Conference has been set in this case and case 20-CV-747 set for 10/13/2020 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. This is not a Rule 16 conference, however, the parties are expected to address issues related to whether any discovery can be undertaken while the motions related to a preliminary injunction and consolidation are pending. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6843. (sg)
September 28, 2020	Filing 80 TEXT ORDER: Court has reviewed letter motion (Dkt. No. #78 ) for clarification, which the Court construes as a request to adjourn the Rule 16 conference and related deadlines. Letter motion granted. The Rule 16 conference, and related deadlines, previously scheduled for 10/19/2020 (Dkt. No #3 ) is adjourned and will be rescheduled after the motion for consolidation (Dkt. No. 26) and other pending motions (Dkt. Nos. 72, 76) are resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/28/2020. (sg)
September 28, 2020	Filing 79 RESPONSE TO LETTER BRIEF filed by ADO Staffing, Inc., Adecco USA, Inc. as to #78 Letter Request/Motion, filed by Karen Standford, Staffworks, Inc., Brianna Flint, Vicki Rodabaugh, Karen Walser, Anita Vitullo, Maurica Gloria, Tayler Fravel, Deborah Rohde . (Attachments: #1 Exhibit(s) 1-Tarney email to Glasgow)(Tarney, Tyler)
September 28, 2020	Filing 78 Letter Motion from Staffworks for Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting clarification on adjournment of initial conference date submitted to Judge Therese Wiley Dancks . (Glasgow, Joshua)
September 25, 2020	Filing 77 TEXT ORDER SETTING ORDER TO SHOW CAUSE HEARING re #72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions filed by Adecco USA, Inc., ADO Staffing, Inc: The Court is in receipt of plaintiff's motion [Dkt. No. 72] filed on September 24, 2020. The Court will hear arguments on the Motion for a Preliminary Injunction on 11/3/2020 at 09:30 AM (IN PERSON) in Albany before U.S. District Judge Mae A. D'Agostino. Defendant's response papers shall be filed on or before 10/19/20; Plaintiff's reply papers shall be filed on or before 10/23/20. Exhibit and Witness lists should be filed by 10/26/20. Signed by U.S. District Judge Mae A. D'Agostino on 9/25/20. (ban)
September 25, 2020	TEXT NOTICE setting deadlines re #76 MOTION for Reconsideration re #71 Order on Motion for Preliminary Injunction: The Motion Hearing is set for 11/3/2020 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; The motion will be decided on the submission of the papers only. Response to Motion due by 10/19/2020, Reply to Response to Motion due by 10/23/2020. (ban)
September 25, 2020	TEXT NOTICE: The telephone conference scheduled for Monday, September 28, 2020 at 12:00 p.m. is ADJOURNED WITHOUT DATE, pending a decision on the pending motions #72 Motion for Preliminary Injunction and #76 Motion for Reconsideration. The Court will contact the parties to reschedule the conference regarding consolidation motions in due course. (ban)
September 24, 2020	Filing 76 MOTION for Reconsideration re #71 Order on Motion for Preliminary Injunction,,,, Motion Hearing set for 10/26/2020 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/9/2020 filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Memorandum of Law Memorandum of Law) (Tarney, Tyler)
September 24, 2020	Filing 75 AFFIDAVIT in Support re #72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions - Declaration of Tyler Tarney filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
September 24, 2020	Filing 74 AFFIDAVIT in Support re #72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions Declaration of Kari Carapella filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - 9/16/2020 email, #2 Exhibit(s) 2 - 9/17/2020 email, #3 Exhibit(s) 3- Staffworks Facebook 9/20/20, #4 Exhibit(s) 4 - Staffworks FB page 9/18/2020, #5 Exhibit(s) 5 - FB page 9/16/2020, #6 Exhibit(s) 6 - FB share 9/16/2020, #7 Exhibit(s) 7 - Gloria's FB 9/18/2020)(Tarney, Tyler)
September 24, 2020	Filing 73 MEMORANDUM OF LAW re #72 Motion for Preliminary Injunction and for Contempt and Contempt Sanctions filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
September 24, 2020	Filing 72 MOTION for Preliminary Injunction and for Contempt and Contempt Sanctions by ADO Staffing, Inc., Adecco USA, Inc..(Tarney, Tyler)
September 15, 2020	Filing 71 MEMORANDUM-DECISION AND ORDER granting in part #13 Motion for Preliminary Injunction: The Court hereby ORDERS that Plaintiffs' motion to for a preliminary injunction (Dkt. No. 13) is GRANTED in part; and the Court furtherORDERS that Defendants Standford, Rohde, Gloria, Flint, and Fravel shall be prohibited from soliciting or attempting to solicit any established Adecco client with whom they worked or had access to confidential information about during the last year of her employment with Adecco for a period of one year immediately following termination of employment with Adecco; and the Court further ORDERS that, seeing no request from either party, Plaintiffs are not required to post a bond or undertaking as security for granting the above-mentioned preliminary injunction at this time; and the Court furtherORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/15/20. (ban)
September 3, 2020	Filing 70 TRIAL BRIEF Post-Hearing Brief for Order to Show Cause Seeking Temporary Restraining Order and Preliminary Injunction (Doc. 13) by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A - Modis, inc. v. Adam Viet)(Tarney, Tyler)
September 3, 2020	Filing 69 TRIAL BRIEF , Post-Hearing, in Opposition to Plaintiffs' Application for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
September 2, 2020	Filing 68 TRANSCRIPT of Proceedings: Preliminary Injunction Hearing held on August 10, 2020, August 17, 2020, and August 25, 2020, before Judge Mae A. D'Agostino, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/23/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/1/2020. Notice of Intent to Redact due by 9/8/2020 (Attachments: #1 Transcript, #2 Transcript) (lt, )
August 25, 2020	Filing 67 Complete Exhibits List for Order to Show Cause Hearing held 8/10/20, 8/17/20, 8/24/20. (ban)
August 25, 2020	Filing 66 Minute Entry for Skype Order to Show Cause Hearing (Day 3) held on 8/25/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Tyler Tarney, Esq. and Mary Csarny, Esq. for the Plaintiff; Preston Zarlock, Esq., Vincent Rossi, Jr., Esq., Evan Rossi, Esq., and Joshua Glasgow, Esq. for defendants; Testimony and evidence continue; The hearing is concluded; Post trial briefs, not to exceed 10 pages, are due by 9/3/20. (Court Reporter Lisa Tennyson, CRD Britney Norton) (ban)
August 24, 2020	Filing 65 AFFIDAVIT in Support re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) Walser email 5/17/2020, #2 Exhibit(s) 5/15/2020 Walser email)(Tarney, Tyler)
August 20, 2020	TEXT NOTICE SETTING DAY 3 OF ORDER TO SHOW CAUSE HEARING re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction : The Order to Show Cause Hearing, DAY 3, is set for 8/25/2020 at 09:00 AM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate Skype invite will be sent to counsel.(ban)
August 17, 2020	Filing 64 Plaintiff and Defendant's Exhibit Lists for Skype Order to Show Cause Hearing (DAY 2) held August 17, 2020. (ban)
August 17, 2020	Filing 63 Minute Entry for Skype Order to Show Cause Hearing (DAY 2) held on 8/17/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Tyler Tarney and Mary Csarny, Esq. for Plaintiffs; Preston Zarlock, Esq., Vincent Rossi, Jr., Esq., Joshua Glasgow, Esq., and Evan Rossi, Esq. for the defendants; All participants appear via Skype; Testimony of witnesses continue. A Day 3/Final Day will be set to complete this hearing. (Court Reporter Lisa Tennyson, CRD Britney Norton) (ban)
August 11, 2020	Filing 62 TRANSCRIPT REQUEST by ADO Staffing, Inc., Adecco USA, Inc. for proceedings held on 8/10/2020 before Judge Mae A. D'Agostino.. (Tarney, Tyler)
August 11, 2020	Filing 61 TRANSCRIPT REQUEST by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser for proceedings held on August 10, 2020 before Judge Mae A. D'Agostino.. (Zarlock, Preston)
August 11, 2020	TEXT NOTICE SETTING DAY 2 OF ORDER TO SHOW CAUSE HEARING re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction : The Order to Show Cause Hearing, DAY 2, is set for 8/17/2020 at 09:00 AM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate Skype invite will be sent to counsel. (ban)
August 10, 2020	Filing 60 Plaintiff's and Defendant's Exhibit Lists for the Evidentiary Hearing (DAY 1) held on Monday, August 10, 2020. (Attachments: #1 Defendant Exhibit List Day 1)(ban)
August 10, 2020	Filing 59 Minute Entry for Evidentiary Hearing (DAY 1) held VIA SKYPE on 8/10/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Tyler Tarney, Esq. and Mary Csarny, Esq. for the Plaintiff; Preston Zarlock, Esq, Evan Rossi, Esq., Vincent Rossi, Jr., Esq., and Joshua Glasgow, Esq. for defendants; Evidence is entered. Day 2 of the hearing will be set by the Court. (Court Reporter Lisa Tennyson, CRD Britney Norton) (ban)
August 7, 2020	Filing 58 NOTICE by ADO Staffing, Inc., Adecco USA, Inc. of Service of Subpoena (Attachments: #1 Exhibit(s) A - Lasky Subpoena, #2 Exhibit(s) B - Return of Service)(Tarney, Tyler)
August 6, 2020	Filing 57 Exhibit List by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 56 Witness List by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 55 Exhibit List for Preliminary Injunction Hearing by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
August 6, 2020	Filing 54 Witness List by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
August 6, 2020	Filing 53 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Christine Lindsey filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 52 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of David Lee filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 51 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Kimberly Cobb filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 50 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Gregory Saufley filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 49 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction of Sara Burrola filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 48 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction of John Krisanda filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
August 6, 2020	Filing 47 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Supplemental Declaration of Bradley A. Clements filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) A - Declaration of Bradley A. Clements with Exhibit)(Zarlock, Preston)
August 6, 2020	Filing 46 NOTICE of Appearance by Joshua S. Glasgow on behalf of Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser (Glasgow, Joshua)
July 31, 2020	Filing 45 TEXT NOTICE RE-SETTING SKYPE ORDER TO SHOW CAUSE HEARING re #13 Motion for Preliminary Injunction: The Show Cause Hearing is reset for 8/10/2020 at 10:00 a.m. VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate skype invite will be sent to the parties. Counsel should advise the Court as soon as possible if they plan to appear in person (via Skype from the NDNY Albany Courthouse), or if they plan to appear via Skype from their remote location. The Court should also be informed if there are witnesses that will be appearing at the Albany Federal Courthouse, or from a remote location via Skype. Signed by U.S. District Judge Mae A. D'Agostino on 7/31/20. (ban)
July 31, 2020	Set Deadlines: Exhibit/Witness Lists due by 8/6/2020. (ban)
July 29, 2020	Filing 44 NOTICE of Appearance by Vincent J. Rossi, Jr on behalf of All Defendants (Rossi, Vincent)
July 28, 2020	Filing 43 NOTICE of Appearance by Mary Csarny on behalf of ADO Staffing, Inc., Adecco USA, Inc. (Csarny, Mary)
July 22, 2020	Filing 42 Joint Letter Motion from Tyler Tarney and Preston Zarlock for ADO Staffing, Inc., Adecco USA, Inc. requesting permissions regarding appearance at injunction hearing submitted to Judge D'Angostino . (Tarney, Tyler)
July 20, 2020	TEXT NOTICE SETTING EVIDENTIARY HEARING re #13 Motion For Preliminary Injunction: The Evidentiary Hearing is set for 8/10/2020 at 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino; Exhibit List due by 8/5/2020; Witness List due by 8/5/2020. (ban)
July 17, 2020	Filing 41 ORDER denying #13 Emergency MOTION for Temporary Restraining Order filed by Adecco USA, Inc., ADO Staffing, Inc.: The Court hereby ORDERS that Plaintiffs' request for a temporary restraining order is DENIED; and the Court further ORDERS that the Clerk of the Court shall schedule, upon consultation with the parties, an evidentiary hearing on the pending motion for a preliminary injunction. Signed by U.S. District Judge Mae A. D'Agostino on 7/17/20. (ban)
July 16, 2020	Filing 40 REPLY TO RESPONSE TO ORDER TO SHOW CAUSE filed by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1 - Tarney Correspondence)(Tarney, Tyler) Modified on 7/17/2020 (ban).
July 15, 2020	Filing 39 RESPONSE in Opposition re #26 Letter Motion from Tyler G. Tarney, Esq. for ADO Staffing, Inc., Adecco USA, Inc. requesting Motion for Consolidation submitted to Judge D'Agostino filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 38 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Bradley Clements filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) A - Email to Adecco)(Zarlock, Preston)
July 15, 2020	Filing 37 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Anita Vitullo filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 36 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Tayler Fravel filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 35 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Briana Flint filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 34 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Maurica Gloria filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 33 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Deborah Rohde filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 32 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Karen Standford filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) Ex A - Email regarding Notice of Furlough with attachments, #2 Exhibit(s) Ex B - Email regarding laptop return label)(Zarlock, Preston)
July 15, 2020	Filing 31 AFFIDAVIT in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Vicki Rodabaugh filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 30 AFFIDAVIT of Karen Walser in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Karen Walser filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) Exhibit A - email to Adecco staff regarding transition, #2 Exhibit(s) Exhibit B - Email to Felix Schoeller, #3 Exhibit(s) Exhibit C - Text message from Kilian, #4 Exhibit(s) Exhibit D - Email with Confer Plastics, #5 Exhibit(s) Exhibit E - Emails regarding FMI, #6 Exhibit(s) Exhibit F - Letter of recommendation, #7 Exhibit(s) Exhibit G - Emails regarding transition, #8 Exhibit(s) Exhibit H - Email from Felix Schoeller, #9 Exhibit(s) Exhibit I - Text messages w L. Bush)(Zarlock, Preston)
July 15, 2020	Filing 29 AFFIDAVIT of Preston L. Zarlock, Esq. in Opposition re #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Declaration of Preston L. Zarlock filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Attachments: #1 Exhibit(s) Email exchange with counsel for Adecco)(Zarlock, Preston)
July 15, 2020	Filing 28 MEMORANDUM OF LAW in Opposition to Adecco's Order to Show Cause filed by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser. (Zarlock, Preston)
July 15, 2020	Filing 27 TEXT ORDER directing a response to #26 Plaintiffs' letter requesting to file a motion for consolidation. In a letter dated July 13, 2020, Plaintiffs seek leave to file a motion to consolidate the present matter and Case No. 6:20-cv-747 pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Defendants are hereby directed to respond to Plaintiffs' letter no later than Friday, July 17, 2020, providing the Court with their position regarding consolidation. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 7/15/20. (ban)
July 13, 2020	Filing 26 Letter Motion from Tyler G. Tarney, Esq. for ADO Staffing, Inc., Adecco USA, Inc. requesting Motion for Consolidation submitted to Judge D'Agostino . (Tarney, Tyler)
July 13, 2020	Filing 25 RESPONSE TO LETTER BRIEF filed by ADO Staffing, Inc., Adecco USA, Inc. as to #10 Pre-Motion Letter Request, filed by Karen Standford, Staffworks, Inc., Brianna Flint, Vicki Rodabaugh, Karen Walser, Anita Vitullo, Maurica Gloria, Tayler Fravel, Deborah Rohde . (Tarney, Tyler)
July 13, 2020	Filing 24 Summons Returned Unexecuted by ADO Staffing, Inc., Adecco USA, Inc. as to Vicki Rodabaugh. (Tarney, Tyler)
July 13, 2020	Filing 23 SUMMONS Returned Executed by ADO Staffing, Inc., Adecco USA, Inc.. Brianna Flint served on 7/9/2020, answer due 7/30/2020; Tayler Fravel served on 7/9/2020, answer due 7/30/2020; Maurica Gloria served on 7/8/2020, answer due 7/29/2020; Deborah Rohde served on 7/10/2020, answer due 7/31/2020; Staffworks, Inc. served on 7/9/2020, answer due 7/30/2020; Karen Standford served on 7/9/2020, answer due 7/30/2020; Anita Vitullo served on 7/9/2020, answer due 7/30/2020; Karen Walser served on 7/9/2020, answer due 7/30/2020. (Attachments: #1 Exhibit(s) Vitullo Return of Summons, #2 Exhibit(s) Walser Return of Summons, #3 Exhibit(s) Rohde Return of Summons, #4 Exhibit(s) Gloria Return of Summons, #5 Exhibit(s) Flint Return of Summons, #6 Exhibit(s) Fravel Return of Summons, #7 Exhibit(s) Standford Return of Summons)(Tarney, Tyler)
July 13, 2020	Filing 22 CERTIFICATE OF SERVICE by ADO Staffing, Inc., Adecco USA, Inc. re #3 G.O. 25 Filing Order, (Tarney, Tyler)
July 10, 2020	Filing 21 TEXT ORDER directing response to Plaintiffs' motion for a temporary restraining order. The Court is in receipt of Plaintiffs' motion for a temporary restraining order. Upon review, the Court finds that a response is required before a decision can be reached on the merits. As such, Defendants are hereby directed that they shall file their response to the motion for a temporary restraining order no later than Wednesday, July 15, 2020. In light of the relief requested, the Court reminds Defendants that they are required to preserve all relevant and/or discoverable evidence. The destruction of such evidence could result in a spoliation sanction and/or a finding of contempt of court. Upon receipt of Defendants' response, the Court shall issue a decision on the pending motion forthwith. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 7/10/20. (ban) Modified on 7/10/2020 (ban).
July 10, 2020	Filing 20 ***SEALED DOCUMENT by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Un-redacted Exhibit A to William McGarry Declaration [Dkt # 15]#2 Un-redacted Exhibit B to William McGarry Declaration [Dkt # 15], #3 Un-redacted Exhibit C to William McGarry Declaration [Dkt # 15], #4 Un-redacted Exhibit G to Renee Johnson Declaration [Dkt # 16], #5 Un-redacted Exhibit H to Renee Johnson Declaration [Dkt # 16], #6 Un-redacted Exhibit I to Renee Johnson Declaration [Dkt # 16], # 7 Un-redacted KPI Summary) (ban). Modified on 7/10/2020 (ban).
July 10, 2020	Filing 19 AFFIDAVIT re #14 Memorandum of Law Declaration of Tyler Tarney by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A- Forjone Facebook Messages)(Tarney, Tyler)
July 10, 2020	Filing 18 AFFIDAVIT re #14 Memorandum of Law Declaration of Trevor Clark by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A- 6-12-2020 1255pm Screenshot of Adecco Corning Facebook Page, #2 Exhibit(s) B- 6-16-2020 Screenshot of Adecco Corning Facebook Page, #3 Exhibit(s) C- 6-22-2020 Adecco Corning Facebook Page Screenshot, #4 Exhibit(s) D- 6-22-2020 Screenshot Staffworks upstate NY and Northern PA)(Tarney, Tyler)
July 10, 2020	Filing 17 AFFIDAVIT re #14 Memorandum of Law Declaration of Laurlyn Bush by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A- Photos of Filing Cabinets, #2 Exhibit(s) B- 6-23-2020 Fravel Email re Resignation Notes, #3 Exhibit(s) C- Key Card Access Rpt for Syracuse office 5-11-20 thru 6-24-20)(Tarney, Tyler)
July 10, 2020	Filing 16 AFFIDAVIT re #14 Memorandum of Law Declaration of Renee Johnson by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A - Intentionally Blank, #2 Exhibit(s) B- Standfords Emp Agmts w TAD 1996 1997, #3 Exhibit(s) C- Standford 1998-06-17 Emp Agmt Adecco, #4 Exhibit(s) D- 1998-06-18 Walser Emp App, #5 Exhibit(s) E- Lead Recruiter Job Desc, #6 Exhibit(s) F- Walser Speech Notes, #7 Exhibit(s) G- Walser Emails with KPI Summary - redacted, #8 Exhibit(s) H- Walser Emals to personal Emails - redacted, #9 Exhibit(s) I- Walser Email to Walser re Zotos - redacted, #10 Exhibit(s) K- Rodhe Resignation, #11 Exhibit(s) L- Forjone Facebook Messages, #12 Exhibit(s) M- 2020-06-22 Adecco Corning Facebook Page, #13 Exhibit(s) N- 6-22-2020 Staffworks Upstate NY & Northern PA, #14 Exhibit(s) O- Staffworks FB Pages 6-20-2020, #15 Exhibit(s) P- Fravel Resignation, #16 Exhibit(s) Q- Rodabaugh Severance Agmt w sig page redacted, #17 Exhibit(s) R- Staffworks FB Page, #18 Exhibit(s) S- Staffworks Webpages, #19 Exhibit(s) T- Gloria Resignation Email, #20 Exhibit(s) U- Flint Resignation Email, #21 Exhibit(s) V- 2020-06-12 1255pm Screenshot of Adecco Corning FB Page, #22 Exhibit(s) W- 2020-06-16 Screenshot of Adeco Corning FB Page, #23 Exhibit(s) X- 2020-07-02 322pm Boral Emails, #24 Exhibit(s) Y- 2020-07-07 253pm Boral Emails, #25 Exhibit(s) Z- 2020-07-02 Phone Screenshot)(Tarney, Tyler)
July 10, 2020	Filing 15 AFFIDAVIT re #14 Memorandum of Law Declaration of William McGarry by ADO Staffing, Inc., Adecco USA, Inc.. (Attachments: #1 Exhibit(s) A-Walser 2020-06-01 Email re Zotos - redacted, #2 Exhibit(s) B-Walser Emals with KPI Summary - redacted, #3 Exhibit(s) C-Walser Emails w attachments - redacted, #4 Exhibit(s) D- Walser Notes re 30th, #5 Exhibit(s) E-Adecco Trademark information USPTO)(Tarney, Tyler)
July 10, 2020	Filing 14 MEMORANDUM OF LAW re #13 Motion for TRO, Motion for Preliminary Injunction filed by ADO Staffing, Inc., Adecco USA, Inc.. (Tarney, Tyler)
July 10, 2020	Filing 13 Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by ADO Staffing, Inc., Adecco USA, Inc..(Tarney, Tyler)
July 10, 2020	Filing 12 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by ADO Staffing, Inc., Adecco USA, Inc. identifying Corporate Parent ADO Staffing, Inc., Corporate Parent Adecco, Inc., Corporate Parent Adecco Group AG for Adecco USA, Inc.; Corporate Parent Adecco, Inc., Corporate Parent Adecco Group AG for ADO Staffing, Inc... (Tarney, Tyler)
July 10, 2020	Filing 11 NOTICE of Appearance by Evan A. Rossi on behalf of All Defendants (Rossi, Evan)
July 10, 2020	Set/Reset Deadlines as to #13 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction . Response to Motion due by 7/15/2020 (ban)
July 9, 2020	Filing 10 Pre-Motion Letter by Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, Karen Walser requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 7/13/2020 (Zarlock, Preston)
July 9, 2020	Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Staffworks, Inc.. (Zarlock, Preston)
July 9, 2020	Filing 8 NOTICE of Appearance by Preston L. Zarlock on behalf of All Defendants (Zarlock, Preston)
July 8, 2020	Filing 7 NOTICE of Appearance by Tyler Tarney on behalf of ADO Staffing, Inc., Adecco USA, Inc. (Tarney, Tyler)
July 6, 2020	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. (see)
July 6, 2020	Filing 5 NOTICE of Admission Requirement as to Party plaintiffs; Attorney Mary Csarny, Email address is mcsarny@grsm.com. Phone number is (614) 340-5558. Admissions due by 7/20/2020. {Emailed to attorney on 7/6/2020}(see)
July 6, 2020	Filing 4 NOTICE of Admission Requirement as to Party plaintiffs; Attorney Tyler Tarney, Email address is ttarney@grsm.com. Phone number is (614) 340-5558. Admissions due by 7/20/2020. {Emailed on 7/6/2020}(see)
July 6, 2020	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/19/2020 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/13/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
July 6, 2020	Filing 2 Summonses Issued as to All Defendants. (Attachments: #1 Summons for Anita Vitullo, #2 Summons for Karen Walser, #3 Summons for Vicki Rodabaugh, #4 Summons for Deborah Rohde, #5 Summons for Maurica Gloria, #6 Summons for Brianna Flint, #7 Summons for Tayler Fravel, #8 Summons for Karen Standford)(see)
July 2, 2020	Filing 1 COMPLAINT FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES WITH JURY DEMAND against Brianna Flint, Tayler Fravel, Maurica Gloria, Vicki Rodabaugh, Deborah Rohde, Staffworks, Inc., Karen Standford, Anita Vitullo, and Karen Walser (Filing fee $400 receipt number ANYNDC-5162076) filed by ADO Staffing, Inc. and Adecco USA, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Civil Cover Sheet)(see)

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Search for this case: Adecco USA, Inc. et al v. Staffworks, Inc. et al
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Defendant: Anita Vitullo
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Tayler Fravel
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Karen Walser
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Vicki Rodabaugh
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Karen Standford
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Deborah Rohde
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Brianna Flint
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Staffworks, Inc.
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Maurica Gloria
Represented By:	Preston L. Zarlock
Represented By:	Evan A. Rossi
Represented By:	Vincent J. Rossi, Jr.
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Defendant: Shelly Kranz
Represented By:	Preston L. Zarlock
Represented By:	Joshua S. Glasgow
Represented By:	Mary Jane Morley
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Plaintiff: ADO Staffing, Inc.
Represented By:	John Tyler Mills
Represented By:	Tyler Tarney
Represented By:	Adam M. Masin
Represented By:	Steven Zakrzewski
Represented By:	Tyler L. Martin
Represented By:	Courtney C. Williams
Represented By:	Joseph K. Merical
Represented By:	Mary Csarny
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Plaintiff: Adecco USA, Inc.
Represented By:	John Tyler Mills
Represented By:	Tyler Tarney
Represented By:	Adam M. Masin
Represented By:	Steven Zakrzewski
Represented By:	Courtney C. Williams
Represented By:	Tyler L. Martin
Represented By:	Joseph K. Merical
Represented By:	Mary Csarny
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Not classified by court: Elena DeFio Kean
Represented By:	Elena DeFio Kean
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