The Nielsen Company (US), LLC v. Success Systems, Inc.

Justia Dockets & Filings Second Circuit New York Southern District The Nielsen Company (US), LLC v. Success Systems, Inc.

The Nielsen Company (US), LLC v. Success Systems, Inc.

Plaintiff:	The Nielsen Company (US), LLC
Defendant:	Scott Tarlow and Mindy Novick
Petitioner:	Scott Sottile
Consolidated Plaintiff:	Success Systems, Inc.
Consolidated Defendant:	Scanning Solutions, LLC
Case Number:	1:2011cv02939
Filed:	April 29, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Frank Maas
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By:	Both

RSS Track this Docket

Docket Report

This docket was last retrieved on October 10, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 10, 2017	Filing 197 SEALED MATERIALS DISPOSED: Document(s) 131 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/10/2017.(mps)
October 10, 2017	Filing 196 SEALED MATERIALS DISPOSED: Document(s) 41, 129 and 130 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/10/2017.(mps)
September 6, 2017	Filing 195 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 131 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/6/2017. (mps)
September 6, 2017	Filing 194 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 41, 129 and 130 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/6/2017. (mps)
November 30, 2015	Filing 193 STIPULATION AND ORDER OF DISMISSAL. WHEREAS, the parties to this action have reached a settlement; and WHEREAS, neither party admits to any wrongdoing or violations of law whatsoever, IT IS HEREBY AGREED AND STIPULATED that this action be dismissed with prejudice and without costs. (Signed by Magistrate Judge Frank Maas on 11/30/2015) (rjm).
November 30, 2015	Terminate Transcript Deadlines (rjm)
November 30, 2015	Filing 192 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Success Systems, Inc., The Nielsen Company (US), LLC.(Pastore, Joseph)
November 30, 2015	Filing 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 11/25/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
November 30, 2015	Filing 190 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 11/25/2015 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/24/2015. Redacted Transcript Deadline set for 1/3/2016. Release of Transcript Restriction set for 3/2/2016.(ca)
November 25, 2015	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 11/25/2015. (mo)
November 17, 2015	Filing 189 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned The Nielsen Company (US), LLC v. Success Systems, Inc., No. 11-CV-2939. Tha date(s) for which such authorization is provided is (are) 12/1/2015 - 12/11/2015 as further set forth in this order. (Signed by Magistrate Judge Frank Maas on 11/17/2015) (lmb)
November 13, 2015	Filing 188 MEMORANDUM OF LAW in Opposition re: #183 MOTION in Limine . . Document filed by Success Systems, Inc.. (Pastore, Joseph)
November 10, 2015	Filing 187 INTERNET CONNECTIVITY ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide the Plaintiff in The Nielsen Company (U.S.) LLC v. Success Systems, Inc. trial with Internet connectivity for the duration of the proceedings, set to begin on December 1, 2015. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court. (Signed by Magistrate Judge Frank Maas on 11/9/2015) (lmb)
November 10, 2015	Filing 186 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned The Nielsen Company (US), LLC v. Success Systems, Inc., No. 11-CV-2939. The date(s) for which such authorization is provided is (are) 12/1/2015 - 12/11/2015 as further set forth in this order. (Signed by Magistrate Judge Frank Maas on 11/10/2015) (lmb)
November 4, 2015	Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 11/4/2015. (Tam, David)
October 26, 2015	Filing 185 DECLARATION of Brian E. Moran in Support re: #183 MOTION in Limine .. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Moran, Brian)
October 26, 2015	Filing 184 MEMORANDUM OF LAW in Support re: #183 MOTION in Limine . . Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
October 26, 2015	Filing 183 MOTION in Limine . Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Moran, Brian)
October 23, 2015	Filing 182 PROPOSED JURY INSTRUCTIONS. Document filed by Success Systems, Inc..(Pastore, Joseph)
October 23, 2015	Filing 181 PROPOSED VOIR DIRE QUESTIONS. Document filed by Success Systems, Inc..(Pastore, Joseph)
October 23, 2015	Filing 180 REQUEST TO CHARGE. Document filed by The Nielsen Company (US), LLC.(Wheelin, Brian)
October 23, 2015	Filing 179 PROPOSED VOIR DIRE QUESTIONS. Document filed by The Nielsen Company (US), LLC.(Wheelin, Brian)
October 9, 2015	Filing 178 JOINT PRELIMINARY TRIAL REPORT. Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pastore, Joseph)
September 14, 2015	Filing 177 ORDER granting #176 Letter Motion to Adjourn Conference Settlement Conference set for 11/4/2015 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. Ex parte letters are due by October 28, 2015. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
September 14, 2015	Filing 176 CONSENT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge James L. Cott from Joseph M. Pastore III dated 09/14/2015. Document filed by Success Systems, Inc..(Pastore, Joseph)
September 4, 2015	Filing 175 ORDER SCHEDULING SETTLEMENT CONFERENCE: Judge Maas has requested that I conduct a settlement conference in this case. Accordingly, a settlement conference will be held before me on October 16, 2015 at 10:00 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. If the parties wish to hold the settlement conference on another date, they may contact chambers with several alternative dates. (As further set forth in this Order.) Settlement Conference set for 10/16/2015 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 9/4/2015) (kgo)
September 3, 2015	Filing 174 ORDER: Pursuant to the telephone conference held on September 1, 2015, it is hereby ORDERED that: 1. By October 9, 2015, the parties shall submit a joint pretrial order. 2. By October 23, 2015, the parties shall submit their requests to charge and proposed voir dire questions. 3. By October 26, 2015, the parties shall file their motions in limine. Opposition papers shall be due by November 13, 2015. ( Motions due by 10/26/2015., Pretrial Order due by 10/9/2015., Responses due by 11/13/2015) (Signed by Magistrate Judge Frank Maas on 9/3/2015) (mro)
September 1, 2015	Filing 173 NOTICE OF CONFERENCE: A further telephone conference has been scheduled for September 1, 2015, at 4:00 p.m. Plaintiff's counsel should initiate that call. Telephone Conference set for 9/1/2015 at 04:00 PM before Magistrate Judge Frank Maas. (lmb)
September 1, 2015	Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 9/1/2015. (mo)
August 18, 2015	Filing 172 ORDER terminating #169 Letter Motion for Conference. The Plaintiff has alerted the Court to an error in its Opinion and Order dated June 19, 2015 (ECF No. 167). See ECF No. 169 (Letter to the Court from Brian E. Moran, Esq., dated July 6, 2015)). That error has been corrected in an Amended Opinion and Order, also filed today, which does not change the outcome. A further telephone conference shall be held on August 31, 2015, at 2 p.m. Plaintiffs counsel shall initiate that call. Trial shall commence on December 1, 2015, at 10 a.m., in Courtroom 20A. (Signed by Magistrate Judge Frank Maas on 8/18/2015) (lmb)
August 18, 2015	Filing 171 AMENDED OPINION AND ORDER. For the foregoing reasons, Nielsen's motion for summary judgment (ECF No. 123) is granted in part and denied in part and Success' motion for summary judgment (ECF No. 126) is granted in part and denied in part. Further, Nielsen's motion for a preliminary injunction (ECF No. 154) and Success' motion for modification of the Protective Order (ECF No. 158) are denied. A telephone conference shall be held on August 31, 2015, at 2 p.m. Plaintiff's counsel shall initiate that call. Trial shall commence on December 1, 2015, at 10 a.m., in Courtroom 20A. (As further set forth in this Order), ( Jury Trial set for 12/1/2015 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas., Telephone Conference set for 8/31/2015 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 8/18/2015) (lmb)
August 17, 2015	Filing 170 LETTER RESPONSE to Motion addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 7/8/2015 re: #169 LETTER MOTION for Conference re: #167 Memorandum & Opinion, Set Hearings,,,, addressed to Magistrate Judge Frank Maas from Brian E. Moran, Esq.. . Document filed by Success Systems, Inc.. (Pastore, Joseph)
August 17, 2015	Filing 169 LETTER MOTION for Conference re: #167 Memorandum & Opinion, Set Hearings,,,, addressed to Magistrate Judge Frank Maas from Brian E. Moran, Esq.. Document filed by The Nielsen Company (US), LLC.(Moran, Brian)
July 14, 2015	Minute Order Proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 7/14/2015. Associated Cases: 1:11-cv-02939-FM, 1:12-cv-01948-LAP-FM(mo)
July 10, 2015	Filing 168 NOTICE OF CONFERENCE: Telephone Conference set for 7/14/2015 at 03:00 PM before Magistrate Judge Frank Maas. Copies Sent by Chambers. (spo)
June 19, 2015	Filing 167 OPINION AND ORDER. For the foregoing reasons, Nielsen's motion for summary judgment (ECF No. 123) is granted in part and denied in part and Success' motion for summary judgment (ECF No. 126) is granted in part and denied in part. Further, Nielsen's motion for a preliminary injunction (ECF No. 154) and Success' motion for modification of the Protective Order (ECF No. 158) are denied. A telephone conference shall be held on July 13, 2015, at 2 p.m. Plaintiff's counsel shall initiate that call. (As further set forth in this Order), ( Telephone Conference set for 7/13/2015 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/19/2015) (lmb)
March 31, 2015	Filing 166 ORDER granting in part and denying in part #123 Motion for Summary Judgment; granting in part and denying in part #126 Motion for Summary Judgment; denying #154 Motion for Preliminary Injunction; denying #158 Motion Modification of Protective Order. Having reviewed the papers, I have decided to grant in part and deny in part each party's motion for summary judgment (ECF Nos. 123, 126). I further have determined to deny Nielsen's motion for a preliminary injunction (ECF No. 154) and Success' motion for modification of the protective order (ECF No. 158). An opinion explaining the bases for these decisions will be issued in due course. In the interim, the Clerk of the Court is directed to close each of these four motions. (Signed by Magistrate Judge Frank Maas on 3/31/2015) (kko) Modified on 3/31/2015 (kko).
December 5, 2014	Filing 165 NOTICE OF CHANGE OF ADDRESS by Nathan Craig Zezula on behalf of Success Systems, Inc.. New Address: Pastore & Dailey LLC, 485 Lexington Ave, 25th Floor, New York, New York, United States 10017, 646-665-2202. (Zezula, Nathan)
November 14, 2014	Filing 164 NOTICE OF APPEARANCE by Nathan Craig Zezula on behalf of Success Systems, Inc.. (Zezula, Nathan)
August 13, 2014	Filing 163 REPLY MEMORANDUM OF LAW in Support re: #158 MOTION Modification of Protective Order . . Document filed by Success Systems, Inc.. (Pastore, Joseph)
August 13, 2014	Filing 162 REPLY MEMORANDUM OF LAW in Support re: #154 MOTION for Preliminary Injunction . REPLY MEMORANDUM IN FURTHER SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
August 1, 2014	Filing 161 MEMORANDUM OF LAW in Opposition re: #154 MOTION for Preliminary Injunction . . Document filed by Success Systems, Inc.. (Pastore, Joseph)
August 1, 2014	Filing 160 MEMORANDUM OF LAW in Opposition re: #158 MOTION Modification of Protective Order . . Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
July 21, 2014	Filing 159 MEMORANDUM OF LAW in Support re: (26 in 1:12-cv-01948-LAP-FM, 158 in 1:11-cv-02939-FM) MOTION Modification of Protective Order . . Document filed by Success Systems, Inc.. Filed In Associated Cases: 1:11-cv-02939-FM, 1:12-cv-01948-LAP-FM(Pastore, Joseph)
July 21, 2014	Filing 158 MOTION Modification of Protective Order . Document filed by Success Systems, Inc..Filed In Associated Cases: 1:11-cv-02939-FM, 1:12-cv-01948-LAP-FM(Pastore, Joseph)
July 21, 2014	Filing 157 NOTICE of Motion. Document filed by Success Systems, Inc.. Filed In Associated Cases: 1:11-cv-02939-FM, 1:12-cv-01948-LAP-FM(Pastore, Joseph)
July 21, 2014	Filing 156 AFFIDAVIT of Brian E. Moran in Support re: #154 MOTION for Preliminary Injunction .. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wheelin, Brian)
July 21, 2014	Filing 155 MEMORANDUM OF LAW in Support re: #154 MOTION for Preliminary Injunction . . Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
July 21, 2014	Filing 154 MOTION for Preliminary Injunction . Document filed by The Nielsen Company (US), LLC.(Wheelin, Brian)
July 9, 2014	Filing 153 ORDER: Pursuant to the telephone conference held today, it is hereby ORDERED that: 1. By July 21, 2014, the Defendants shall file their motion for leave to file their state court claim, and the Plaintiff shall file its cross-motion for an injunction. 2. By August 1, 2014, the parties shall file their opposition papers. 3. By August 13, 2014, the parties may file their reply papers., ( Cross Motions due by 7/21/2014., Motions due by 7/21/2014., Responses due by 8/1/2014., Replies due by 8/13/2014.) (Signed by Magistrate Judge Frank Maas on 7/8/2014) (lmb)
July 8, 2014	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 7/8/2014. (Chambers, Richalyn)
July 2, 2014	Filing 152 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 7/1/2014 re: We write in response to The Nielsen Company (US), LLC's ("Nielsen") letter to Your Honor, dated July 1, 2014. ENDORSEMENT: The Court will hold a telephone conference to discuss these issues on July 8, 2014, at 5 p.m. If this date and time are inconvenient, counsel should place a conference call to chambers to reschedule., ( Telephone Conference set for 7/8/2014 at 05:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 7/1/2014) (lmb)
June 17, 2014	Filing 151 PARTIAL VOLUNTARY DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41 (a)(1 )(A)(ii), the parties herby stipulate to the voluntary dismissal of the following claims in this consolidated action with prejudice, with each party to bear its own costs: (i) The Third Cause of Action contained in Plaintiff The Nielsen Company (US), LLC's Amended Complaint as against Defendants Scott Tarlow and Mindy Novick only; (ii) All claims brought by Defendant Success Systems, Inc. against Scanning Solutions, LLC. (Signed by Magistrate Judge Frank Maas on 6/17/2014) (lmb)
June 16, 2014	Filing 150 ORDER terminating #103 Motion to Quash. On September 27, 2013, non-party witness Scott Sottile moved to quash defendant Success Systems, Inc.'s deposition subpoena. (ECF No. 103). On October 7, 2014, the Court issued an order, (ECF No. 112), which resolved the issues raised by that motion. Accordingly, the Clerk of the Court is respectfully requested to close Mr. Sottile's motion. (Signed by Magistrate Judge Frank Maas on 6/16/2014) (lmb)
June 16, 2014	Filing 149 NOTICE OF CHANGE OF ADDRESS by Joseph M. Pastore, III on behalf of Mindy Novick, Success Systems, Inc., Scott Tarlow. New Address: Pastore & Dailey LLC, 485 Lexington Ave, 25th Floor, New York, New York, United States 10017, 646.665.2202. (Pastore, Joseph)
June 16, 2014	Filing 148 NOTICE OF CHANGE OF ADDRESS by Joseph M. Pastore, III on behalf of Mindy Novick, Success Systems, Inc., Scott Tarlow. New Address: Pastore & Dailey LLC, 485 Lexington Ave, 25th Floor, New York, New York, United States 10017, 646.665.2202. (Pastore, Joseph)
May 29, 2014	Filing 147 NOTICE, CONSENT AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Success Systems, Inc., The Nielsen Company (US), LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Frank Maas. (Signed by Judge Loretta A. Preska on 5/29/2014) (ajs)
May 23, 2014	Filing 146 REPLY MEMORANDUM OF LAW in Support re: #126 MOTION for Summary Judgment Notice of Motion. . Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit 58, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 61)(Pastore, Joseph)
May 23, 2014	Filing 145 RULE 56.1 STATEMENT. Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Errata R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH)(Pastore, Joseph)
May 23, 2014	Filing 144 REPLY AFFIDAVIT of BRIAN E. MORAN in Support re: #123 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 143 REPLY MEMORANDUM OF LAW in Support re: #123 MOTION for Summary Judgment Notice of Motion. . Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 142 AFFIDAVIT of CHRISTOPHER LECLAIR in Opposition re: #126 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 141 AFFIDAVIT of BRIAN E. MORAN in Opposition re: #126 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit 1 to 7)(Wheelin, Brian)
May 23, 2014	Filing 140 MEMORANDUM OF LAW in Opposition re: #126 MOTION for Summary Judgment Notice of Motion. . Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 139 RULE 56.1 STATEMENT. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 138 RULE 56.1 STATEMENT. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 137 AFFIDAVIT of CHRISTOPHER LECLAIR in Support re: #123 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit 1 and 2, #2 Exhibit 3 to 9, #3 Exhibit 10 to 17)(Wheelin, Brian)
May 23, 2014	Filing 136 AFFIDAVIT of THAD TAYLOR in Support re: #123 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 135 AFFIDAVIT of JULIE CURRIE in Support re: #123 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 134 AFFIDAVIT of BRIAN E. MORAN in Support re: #123 MOTION for Summary Judgment Notice of Motion.. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2 to 4, #3 Exhibit 5 (Part 10, #4 Exhibit 5 (Part 2), #5 Exhibit 5a to 7, #6 Exhibit 8 to 15, #7 Exhibit 16 to 23, #8 Exhibit 24 to 30)(Wheelin, Brian)
May 23, 2014	Filing 133 MEMORANDUM OF LAW in Opposition re: #123 MOTION for Summary Judgment Notice of Motion. . Document filed by Success Systems, Inc.. (Pastore, Joseph)
May 23, 2014	Filing 132 RULE 56.1 STATEMENT. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57)(Pastore, Joseph)
May 23, 2014	Filing 131 SEALED DOCUMENT placed in vault.(mps)
May 23, 2014	Filing 130 SEALED DOCUMENT placed in vault.(mps)
May 23, 2014	Filing 129 SEALED DOCUMENT placed in vault.(mps)
May 23, 2014	Filing 128 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Success Systems, Inc..(Pastore, Joseph)
May 23, 2014	Filing 127 MEMORANDUM OF LAW in Support re: #126 MOTION for Summary Judgment Notice of Motion. . Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Pastore, Joseph)
May 23, 2014	Filing 126 MOTION for Summary Judgment Notice of Motion. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow.(Pastore, Joseph)
May 23, 2014	Filing 125 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion for Summary Judgment. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Pastore, Joseph) Modified on 6/2/2014 (lb).
May 23, 2014	Filing 124 MEMORANDUM OF LAW in Support re: #123 MOTION for Summary Judgment Notice of Motion. . Document filed by The Nielsen Company (US), LLC. (Wheelin, Brian)
May 23, 2014	Filing 123 MOTION for Summary Judgment Notice of Motion. Document filed by The Nielsen Company (US), LLC.(Wheelin, Brian)
May 20, 2014	Filing 122 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 5/15/2014 re: We represent Success Systems, Inc. ("Success") in the above-referenced matter, and respectfully submit this letter to the Court concerning two categories of documents that Success continues to seek from subpoenaed third-party Scott Sottile ("Mr. Sottile") and over which there is a significant dispute, for which efforts to mutually resolve have been unsuccessful. ENDORSEMENT: The additional discovery sought relates to impeachment of Mr. Sottile. Fact discovery, however, closed many months ago. For this reason, and others cited in Mr. Moran's 5/20/14 letter, the application is denied. (Signed by Magistrate Judge Frank Maas on 5/20/2014) (lmb)
March 28, 2014	Filing 121 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Brian J. Wheelin dated 3/27/2014 re: We respectfully request permission to await the filing of all summary judgment pleadings until the conclusion of the briefing schedule. We propose a filing deadline of May 23, 2014. ENDORSEMENT: Application granted., ( Motions due by 5/23/2014.) (Signed by Magistrate Judge Frank Maas on 3/27/2014) (lmb)
March 28, 2014	Filing 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CIVIL CAUSE FOR TELEPHONE CONFERENCE proceeding held on 10/4/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
March 28, 2014	Filing 119 TRANSCRIPT of Proceedings re: CIVIL CAUSE FOR TELEPHONE CONFERENCE held on 10/4/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/30/2014.(ca)
March 24, 2014	Filing 118 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Brian J. Wheelin dated 3/24/14 re: The parties jointly request permission to file memorandum of law in excess of twenty-five pages. ENDORSEMENT: Memoranda in support in excess of 35 pages will be rejected. (Signed by Magistrate Judge Frank Maas on 3/24/2014) (mro)
January 22, 2014	Filing 117 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Brian J. Wheelin dated 1/21/2014 re: In accordance with Your Honor's January 17, 2014 Order (Docket No. 116), the parties jointly propose the following schedule for briefing of summary judgment motions: Motion - April 1, 2014 (current deadline); Opposition Briefs - May 2, 2014; Reply Briefs - May 21, 2014. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 1/21/2014) (djc)
January 22, 2014	Set/Reset Deadlines: Motions due by 4/1/2014. Responses due by 5/2/2014. Replies due by 5/21/2014. (djc)
January 17, 2014	Filing 116 ORDER: Pursuant to the telephone conference held today, it is hereby ORDERED that: 1. The Nielsen Company shall be permitted to continue its deposition of Scott Tarlow for no more than one additional hour. 2. The deadline for The Nielsen Company's expert rebuttal report, previously set for January 31, 2014, shall be extended to February 7, 2014. 3. Success Systems, Inc. is directed to produce customer sales reports or summaries, as described on page 2 of Mr. Moran's letter dated January 16, 2014, for the years 2009-2011. 4. The parties are directed to submit to the Court, by letter or stipulation, a proposed schedule for briefing of summary judgment motions. (Signed by Magistrate Judge Frank Maas on 1/17/2014) (djc) Modified on 1/21/2014 (djc).
January 17, 2014	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 1/17/2014. (Chambers, Richalyn)
December 17, 2013	Filing 115 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Brian J. Wheelin dated 12/17/2013 re: The parties jointly seek an extension of time as to the remaining dates set forth in the schedule approved by Your Honor on June 21, 2013. ENDORSEMENT: Approved., ( Deposition due by 3/14/2013., Motions due by 4/1/2014.) (Signed by Magistrate Judge Frank Maas on 12/17/2013) (lmb)
December 3, 2013	Filing 114 NOTICE OF CONFERENCE: The telephone conference in the above referenced matter, previously scheduled for January 8, 2014 at 10 a.m., has been rescheduled for January 17, 2014 at 10 a.m., before Magistrate Judge Frank Maas. Telephone Conference set for 1/17/2014 at 10:00 AM before Magistrate Judge Frank Maas. (js)
December 3, 2013	Filing 113 ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Joseph M. Pastore dated 12/3/2013 re: For. ENDORSEMENT: While I agree with many of the assertions in Mr. Moran's responsive letter, the simple fact is that the interrogatories and document requests were served too late since fact discovery was slated to close on 9/30. For this reason, the relief requested is denied. So Ordered. (Signed by Magistrate Judge Frank Maas on 12/3/2013) (js)
October 7, 2013	Filing 112 MEMO ENDORSEMENT on re: (110 in 1:11-cv-02939-LAP-FM, 20 in 1:12-cv-01948-LAP-FM) Letter, filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. Pursuant to the telephone conference held on October 4, 2013, it is hereby ORDERED that: 1. The Nielsen Company shall be permitted to continue its deposition of Scott Tarlow for no more than four additional hours. 2.Success Systems shall be permitted to continue its deposition of Scott Sottile for no more than one hour. The questioning shall be limited to issues raised by the documents produced by Mr. Sottile subsequent to his prior deposition. The Nielsen Company shall then be permitted to cross-examine for no more than twenty minutes. 3. Leanne M. Shofi's application to withdraw as counsel of record for Success Systems, Inc., Scott Tarlow and Mindy Novick (ECF No. 110) is granted. (Signed by Magistrate Judge Frank Maas on 10/7/2013) Filed In Associated Cases: 1:11-cv-02939-LAP-FM, 1:12-cv-01948-LAP-FM(djc)
October 4, 2013	Filing 111 MEMORANDUM OF LAW in Opposition re: #103 MOTION to Quash Subpoena of Scott Sottile.. Document filed by Success Systems, Inc.. (Pastore, Joseph)
October 4, 2013	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 10/4/2013. (Chambers, Richalyn)
October 3, 2013	Filing 110 LETTER addressed to Magistrate Judge Frank Maas from Leanne M. Shofi, Esq. dated Oct. 3, 2013 re: Request for Pre-Motion Conference. Document filed by Success Systems, Inc., Mindy Novick, Scott Tarlow.Filed In Associated Cases: 1:11-cv-02939-LAP-FM, 1:12-cv-01948-LAP-FM(Shofi, Leanne)
October 1, 2013	Filing 109 LETTER addressed to Magistrate Judge Frank Maas from Benjamin J. Voce-Gardner dated 10-01-2013 re: Barbara S. Jones. Document filed by Scott Sottile.(Voce-Gardner, Benjamin)
October 1, 2013	Filing 108 LETTER addressed to Judge Loretta A. Preska from Benjamin J. Voce-Gardner dated 10-01-2013 re: Barbara S. Jones. Document filed by Scott Sottile.(Voce-Gardner, Benjamin)
October 1, 2013	Filing 107 NOTICE OF APPEARANCE by Benjamin Joseph Voce-Gardner on behalf of Scott Sottile. (Voce-Gardner, Benjamin)
October 1, 2013	Filing 106 MEMO ENDORSEMENT on re: (Courtesy Copy) #103 MOTION to Quash Subpoena of Scott Sottile. filed by Scott Sottile. ENDORSEMENT: Counsel is directed to participate in the conference call I have arranged for 10/4/13, at 2 p.m. (Signed by Magistrate Judge Frank Maas on 9/30/2013) (djc) Modified on 10/1/2013 (djc).
September 27, 2013	Filing 105 MEMORANDUM OF LAW in Support re: #103 MOTION to Quash Subpoena of Scott Sottile.. Document filed by Scott Sottile. (Sottile, James)
September 27, 2013	Filing 104 DECLARATION of James Sottile in Support re: #103 MOTION to Quash Subpoena of Scott Sottile.. Document filed by Scott Sottile. (Attachments: #1 Exhibits 1-5)(Sottile, James)
September 27, 2013	Filing 103 MOTION to Quash Subpoena of Scott Sottile. Document filed by Scott Sottile.(Sottile, James)
September 26, 2013	Filing 102 NOTICE of Conference: Telephone Conference set for 10/4/2013 at 02:00 PM before Magistrate Judge Frank Maas. Counsel for the Plaintiffs should initiate that conference by calling Chambers at (212) 805-6727. Copies Sent to Counsel via ECF.(cd)
July 15, 2013	Filing 101 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 7/3/2013 re: Pursuant to your individual rules of practice, we write on behalf of Defendants, Success Systems, Inc. ("Success"). Scott J. Tarlow and Mindy Novick (collectively, "Defendants" and/or "Counterclaimants") in the above-entitled action to request a pre-motion conference with Your Honor. ENDORSEMENT: The request for a pre-motion conference is DENIED. Whatever the merits of the proposed motions in limine may be, the filing of these at this time would be premature. (Signed by Magistrate Judge Frank Maas on 7/15/2013) (djc)
June 21, 2013	Filing 100 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Paul R. Dehmel dated 6/21/2013 re: The parties hereby submit their proposed schedule in accordance with your June 13, 2013. ENDORSEMENT: The schedule is approved. Additionally, The Court will hold a telephone conference in January 8, 2014, at 10:00 a.m. to discuss motions/trial. (Fact Discovery due by 9/30/2013., Motions due by 2/28/2014.), (Telephone Conference set for 1/8/2014 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/21/2013) (rsh)
June 13, 2013	Filing 99 DISCOVERY ORDER: My order dated February 8, 2013, indicated that the Court would enter a new scheduling order following the issuance of its discovery rulings. In light of the rulings set forth above, counsel are requested to confer and submit a proposed revised schedule for both consolidated actions by June 21, 2013. (Signed by Magistrate Judge Frank Maas on 6/12/2013) (djc)
May 23, 2013	Filing 98 NOTICE OF CHANGE OF ADDRESS by Joseph L. Clasen on behalf of The Nielsen Company (US), LLC. New Address: Robinson & Cole LLP, 666 Third Avenue, 20th Floor, New York, New York, USA 10017, 212-451-2900. (Clasen, Joseph)
April 29, 2013	Filing 97 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Frank Maas. (Signed by Judge Loretta A. Preska on 4/26/2013) (djc)
April 10, 2013	Filing 96 ANSWER to #53 Amended Complaint with JURY DEMAND. Document filed by Mindy Novick, Scott Tarlow.(Pastore, Joseph)
April 10, 2013	Filing 95 ANSWER to #53 Amended Complaint with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Success Systems, Inc..(Pastore, Joseph)
April 10, 2013	Filing 94 REPLY re: #40 Answer to Complaint, Counterclaim to Defendant's Counterclaim. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
March 19, 2013	Filing 93 MEMORANDUM AND ORDER: granting in part and denying in part #55 Motion to Dismiss; denying #60 Motion to Dismiss. The Court grants in part and denies in part the Defendants' motion to dismiss [dkt. no. 55]. The claims against Novick for statements made outside of the Proposal are dismissed. The Court denies, however, the Defendants' motion to dismiss as to: (1) the claims against Novick which relate statements made in the Proposal; (2) the cause of action for breach of the CA against Success; and (3) the fraud and misrepresentation claims against Tarlow and Success. The Court also denies Plaintiff's motion to dismiss Success' claim for aiding and abetting a breach of fiduciary duty [dkt. no. 60]. Counsel shall confer and inform the Court by letter no later than one week from the date hereof how they propose to proceed. (Signed by Judge Loretta A. Preska on 3/19/2013) (djc) Modified on 3/19/2013 (djc).
March 18, 2013	Filing 92 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Barbara S. Jones is no longer assigned to the case. (pgu)
February 8, 2013	Filing 91 ORDER: Pursuant to the telephone conference held on February 6, 2013, it is hereby ORDERED that: 1. The Clerk of Court is directed to consolidate these cases for all purposes under Docket No. 11 Civ. 2939. 2. By March 1, 2013, counsel shall submit letters identifying any outstanding discovery disputes. 3. By March 11, 2013, opposing counsel shall submit any responsive letters. 4. Following resolution of any outstanding discovery disputes addressed in those letters, the Court will enter a revised scheduling order. (Signed by Magistrate Judge Frank Maas on 2/7/2013) (djc)
February 6, 2013	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 2/6/2013. (ft)
January 7, 2013	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 1/7/2013. (ja)
January 7, 2013	Filing 90 ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that a further telephone conference shall be held on February 6, 2013, at noon. Counsel for The Nielsen Company should initiate that conference by calling Chambers at (212) 805-6727. SO ORDERED.( Telephone Conference set for 2/6/2013 at 12:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 1/07/2013) Copies by ECF Sent By Chambers. (ama)
January 7, 2013	Filing 89 NOTICE OF CHANGE OF ADDRESS by Paul R. Dehmel on behalf of Success Systems, Inc.. New Address: Pastore Shofi & Dailey, LLC, 4 High Ridge Park, Stamford, CT, USA 06905, 203-658-8454. (Dehmel, Paul)
December 18, 2012	Filing 88 NOTICE OF CHANGE OF ADDRESS by Leanne Elizabeth Shofi on behalf of Success Systems, Inc.. New Address: Pastore Shofi & Dailey, LLC, 4 High Ridge Park, Stamford, CT, 06905, 203-658-8454. (Shofi, Leanne)
November 21, 2012	Filing 87 NOTICE OF CHANGE OF ADDRESS by Joseph M. Pastore, III on behalf of All Defendants. New Address: Pastore Shofi & Dailey, LLC, 4 High Ridge Park, Stamford, CT, USA 06905, 203-658-8454. (Pastore, Joseph)
October 19, 2012	Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a civil proceeding held on 10/12/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq)
October 19, 2012	Filing 85 TRANSCRIPT of Proceedings re: civil proceeding held on 10/12/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.(laq)
October 12, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 10/12/2012. (mro)
October 5, 2012	Filing 84 MEMO ENDORSEMENT on #78 Notice (Other) filed by Success Systems, Inc. SO ORDERED. (Signed by Judge Barbara S. Jones on 10/5/2012) (ft)
September 20, 2012	Filing 83 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/8/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 20, 2012	Filing 82 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/8/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/26/2012.(McGuirk, Kelly)
September 17, 2012	Filing 81 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Brian E. Moran dated 9/17/2012 re: The parties respectfully request a short continuance of the September 19th discovery conference. The parties suggest conducting the discovery conference at the Rule 16(a) conference scheduled fer October 12, 2012 in the companion case of Success Systems, Inc. v. Scanning Solutions, LLC, Civil Action No. 12-Civ-1948 (BSJ) (FM). ENDORSEMENT: The conference on 10/7 also is canceled. So ordered. (Signed by Magistrate Judge Frank Maas on 9/17/2012) (rjm) Modified on 9/18/2012 (rjm).
August 30, 2012	Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 8/8/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 30, 2012	Filing 79 TRANSCRIPT of Proceedings re: confernce held on 8/8/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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 9/24/2012. Redacted Transcript Deadline set for 10/4/2012. Release of Transcript Restriction set for 12/3/2012.(McGuirk, Kelly)
August 27, 2012	Filing 78 NOTICE of of Withdrawal of Attorney. Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit A)(Pastore, Joseph)
August 13, 2012	Filing 77 DECISION AND ORDER: For the reasons set forth above, the Success's motion to add LeClair and Taylor as counterclaim defendants (ECF No. 66) is denied. (Signed by Magistrate Judge Frank Maas on 8/13/2012) (js)
August 9, 2012	Filing 76 ORDER: Pursuant to the conference held yesterday, it is hereby ORDERED that: 1. By August 17, 2012, the Defendants shall produce: (a) all documents upon which they intend to rely to support their claim that Success was damaged as a result of Nielsen's conduct; and (b) documents reflecting any payments made by Success to defendants Tarlow and Novick during the relevant period. 2. Nielsen's request for production of Tarlow's and Novick's personal tax returns is disallowed. 3. By August 31, 2012, Nielsen shall specify what further documents or categories of documents relating to Success' alleged damages it wishes to obtain. The parties shall then meet and confer promptly regarding those requests. A further conference shall be held on September 19, 2012, at 4 p.m., in Courtroom 20A. In advance of that conference, counsel should submit letters to the Court concerning any remaining discovery disputes. ( Status Conference set for 9/19/2012 at 04:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 8/9/2012) Copies Sent By Chambers. (ja)
August 8, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 8/8/2012. (djc)
July 23, 2012	Filing 75 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 7/17/12 re: Counsel for the defendant writes in response to the letter from Nielsen's Counsel, Brian Moran, concerning the deposition of Scott Tarlow, the President of Success Systems. ENDORSEMENT: The Court will hold a conference to discuss these issues on August 8, 2012, at 6 pm, in Courtroom 20A. Mr. Tarlow is directed to attend. ( Status Conference set for 8/8/2012 at 06:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 7/20/2012) (mro) Modified on 7/24/2012 (mro).
July 13, 2012	Filing 74 DECLARATION of Brian E. Moran in Opposition re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit A-C)(Moran, Brian)
July 10, 2012	Filing 73 DECLARATION of Joseph M. Pastore III in Support re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Attachments: #1 Exhibit)(Pastore, Joseph)
June 27, 2012	Filing 72 REPLY MEMORANDUM OF LAW in Support re: #66 MOTION to Add Party(ies) Chris LeClair & Thad Taylor.. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Pastore, Joseph)
June 20, 2012	Filing 71 MEMORANDUM OF LAW in Opposition re: #66 MOTION to Add Party(ies) Chris LeClair & Thad Taylor.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
June 14, 2012	Filing 70 ORDER: Pursuant to the telephone conference held earlier today, it is herebyORDERED that: Success' application for a current list of convenience stores participating in Nielsen's Scanning Conversion Project is denied Success' application to depose Mr. Calhoun is granted. Success' application to seek third-party discovery from certain of Nielsen's customers concerning Nielsen's provision of estimated sales data is denied. A further telephone conference shall be held on October 9, 2012, at 10 a.m. Counsel for Nielsen should initiate that conference by calling Chambers at (212) 805-6727. SO ORDERED.( Fact Discovery due by 7/23/2012. Telephone Conference set for 10/9/2012 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/13/2012) Copies Sent By Chambers. (ama)
June 12, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/12/2012. (pl)
May 30, 2012	Filing 69 ENDORSED LETTER addressed to Magistrate Judge Frank Maas, from Joseph M. Pastore III, dated 5/22/2012, re: request that the Court direct Nielsen to file its response, if any, to the Motion to Add by a date certain. ENDORSEMENT: Application granted. Nielsen is directed to serve its opposition papers by June 20, 2012. Success may serve reply papers by June 27, 2012. ( Responses due by 6/20/2012. Replies due by 6/27/2012.) (Signed by Magistrate Judge Frank Maas on 5/30/2012) (ja)
May 15, 2012	Filing 68 REPLY MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss Count Thirteen of Defendant's Counterclaims.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
May 14, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Brian Eugene Moran to RE-FILE Document #67 Memorandum of Law in Support of Motion. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
May 14, 2012	Filing 67 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss Count Thirteen of Defendant's Counterclaims. Reply In Further Support. Document filed by The Nielsen Company (US), LLC. (Moran, Brian) Modified on 5/15/2012 (ldi).
May 11, 2012	Filing 66 MOTION to Add Party(ies) Chris LeClair & Thad Taylor. Document filed by Success Systems, Inc..(Pastore, Joseph)
May 4, 2012	Filing 65 MEMORANDUM OF LAW in Opposition re: #60 MOTION to Dismiss Count Thirteen of Defendant's Counterclaims.. Document filed by Success Systems, Inc.. (Pastore, Joseph)
May 2, 2012	Filing 64 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Pastore, Joseph)
April 30, 2012	Filing 63 ORDER: By close of business on May 1, 2012, Success shall respond to Nielsen's letter regarding its answers to Nielsen's second sent of interrogatories. 2. Nielsen's motion to quash is denied with respect to Mr. Cuminale. The motion is granted with respect to Mr. Calhoun without prejudice to a renewed application by Success after the deposition of Mr. Cuminale. 3. By May 11, 2012, Success shall submit its motion for leave to add Mr. LeClair and Mr. Taylor as defendants under its fraud counterclaim. Nielsen need not respond to that motion unless the Court so directs. 4. A further telephone conference shall be held on June 12, 2012, at 11 a.m. Counsel for Nielsen should initiate that conference by calling Chambers at (212) 805-6727. (Signed by Magistrate Judge Frank Maas on 4/27/2012) (js) Modified on 4/30/2012 (js).
April 27, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 4/27/2012. (rjm)
April 25, 2012	Filing 62 MEMORANDUM OF LAW in Opposition re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
April 23, 2012	***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Brian Eugene Moran to E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. All pdfs must include case number and corresponding document number. (rjm)
April 20, 2012	Filing 61 MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss Count Thirteen of Defendant's Counterclaims.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
April 20, 2012	Filing 60 MOTION to Dismiss Count Thirteen of Defendant's Counterclaims. Document filed by The Nielsen Company (US), LLC. Responses due by 5/11/2012(Moran, Brian)
April 19, 2012	Filing 59 ORDER: Having reviewed Nielsen's letter dated April 16, 2012, requesting a conference in advance of its filing of a motion to quash, or alternatively for a protective order, I do think it would be helpful to receive affidavits from Mr. Calhoun and Mr. Cuminale. Accordingly, to allow sufficient time for that to occur, the phone conference previously scheduled for April 23, 2012, is adjourned to April 27, 2012, at 10 a.m. Mr. Moran should initiate that conference by calling Chambers at (212) 805-6727. In addition, future letters to Judge Jones or me should indicate (BSJ) (FM) after the docket number., ( Telephone Conference set for 4/27/2012 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 4/19/2012) Copies Sent By Chambers. (lmb)
April 13, 2012	Filing 58 ANSWER to #53 Amended Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Success Systems, Inc..(Pastore, Joseph)
April 13, 2012	Filing 57 DECLARATION of Joseph M. Pastore III in Support re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pastore, Joseph)
April 13, 2012	Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint.. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow. (Pastore, Joseph)
April 13, 2012	Filing 55 MOTION to Dismiss Certain Portions of Plaintiff's Amended Complaint. Document filed by Mindy Novick, Success Systems, Inc., Scott Tarlow.(Pastore, Joseph)
March 29, 2012	Filing 54 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Elizabeth L. Branch dated 3/27/2012 re: Counsel for the Defendant Success Systems, Inc. writes to request an additional two weeks to respond to the Amended Complaint. ENDORSEMENT: The application is granted; The response shall be due 4/13/2012. (Signed by Magistrate Judge Frank Maas on 3/29/2012) (ab)
March 26, 2012	Filing 53 AMENDED COMPLAINT amending #1 Complaint against Success Systems, Inc., Scott Tarlow, Mindy Novick with JURY DEMAND.Document filed by The Nielsen Company (US), LLC. Related document: #1 Complaint filed by The Nielsen Company (US), LLC.(pl)
March 26, 2012	Filing 52 NOTICE OF APPEARANCE by Joseph L. Clasen on behalf of The Nielsen Company (US), LLC (Clasen, Joseph)
March 26, 2012	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph L. Clasen to RE-FILE Document #51 Amicus Curiae Appearance. Use the event type Notice of Appearance found under the event list Notices. (ka)
March 23, 2012	Filing 51 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Amicus Curiae APPEARANCE entered by Joseph L. Clasen on behalf of The Nielsen Company (US), LLC.(Clasen, Joseph) Modified on 3/26/2012 (ka).
March 19, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 3/19/2012. (ft)
March 19, 2012	Filing 50 ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: Nielsen's motion to dismiss certain of Success' counterclaims (ECF No. 42) is withdrawn on consent without prejudice to its renewal after an amended answer is filed. Success' application to serve five additional interrogatories is granted. The parties' respective applications to amend their pleadings are granted. a. By March 23, 2012, Nielsen shall serve and file its amended complaint. b. By March 30, 2012, Success shall serve and file its amended answer and counterclaims. c. By April 6, 2012, Nielsen shall serve and file its answer to Success' counterclaims or move for their dismissal. ( Amended Pleadings due by 3/23/2012., Motions due by 4/6/2012.) (Signed by Magistrate Judge Frank Maas on 3/19/2012) Copies Sent By Chambers. (mro)
March 16, 2012	Filing 49 OPPOSITION BRIEF re: #47 MOTION to Amend/Correct #40 Answer to Complaint, Counterclaim., #43 Brief, #42 Notice (Other), #48 Memorandum of Law in Support of Motion. Document filed by Success Systems, Inc..(Pastore, Joseph)
March 16, 2012	Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION to Amend/Correct #40 Answer to Complaint, Counterclaim.. Document filed by Success Systems, Inc.. (Attachments: #1 Affidavit)(Pastore, Joseph)
March 16, 2012	Filing 47 MOTION to Amend/Correct #40 Answer to Complaint, Counterclaim. Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit A)(Pastore, Joseph)
March 14, 2012	Filing 46 ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Joseph M. Pastore dated 3/2/2012 re: Counsel for defendant writes. ENDORSEMENT: The Court will hold a telephone conference on 3/19/2012 at 10:00 a.m. If this date and time are not convenient, counsel should place a conference call to Chambers to reschedule. ( Telephone Conference set for 3/19/2012 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/12/2012) (js)
February 22, 2012	Filing 45 ORDER: Fact Discovery due by 6/8/2012. Telephone Conference set for 4/23/2012 at 10:00 AM before Magistrate Judge Frank Maas, see document for other instructions. (Signed by Magistrate Judge Frank Maas on 2/22/2012) Copies Sent By Chambers. (cd)
February 17, 2012	Filing 44 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 2/17/2012 re: Counsel for the Defendant writes to request an informal conference to address two matters. ENDORSEMENT: The Court will hold a telephone conference on 2/22/2012 at 9:45 AM. Mr. Pastore should initiate the call. Prior to the conference, Nielsen's counsel should re-read Fed. R. Civ. P. 26(g). (Telephone Conference set for 2/22/2012 at 09:45 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 2/17/2012) (ab)
February 17, 2012	Filing 43 BRIEF re: #42 Notice (Other) in support of its motion to dismiss counts 6, 7, 11, 13 and 14 of counterclaims. Document filed by The Nielsen Company (US), LLC.(Moran, Brian)
February 17, 2012	Filing 42 NOTICE of Motion to Dismiss Counts 6, 7, 11, 13 and 14 of Counterclaims re: #40 Answer to Complaint, Counterclaim. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
January 31, 2012	Filing 41 SEALED DOCUMENT placed in vault.(nm)
January 31, 2012	Filing 40 ANSWER to #1 Complaint., COUNTERCLAIM against The Nielsen Company (US), LLC. Document filed by Success Systems, Inc..(Pastore, Joseph)
January 17, 2012	Filing 39 MEMORANDUM & ORDER denying #13 Motion to Dismiss: The Court denies Success' motion to dismiss in its entirety. The Clerk of the Court is directed to terminate motion #13 from the ECF docket. (Signed by Judge Barbara S. Jones on 1/16/2012) (djc)
December 12, 2011	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 12/12/2011. (lmb)
December 12, 2011	Filing 38 ORDER: that a further telephone conference shall be held on March 6, 2012, at 11 :00 a.m. Counsel for Plaintiff shall initiate that conference by calling Chambers at (212) 805-6727. By March 16, 2012, all fact discovery shall be completed( Fact Discovery due by 3/16/2012., Telephone Conference set for 3/6/2012 at 11:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 12/12/2011) Copies Sent By Chambers. (pl)
December 2, 2011	Filing 37 MEMO ENDORSEMENT on DEFENDANT'S LOCAL RULE 30.2 MOTION TO TAKE DEPOSITION BY REMOTE MEANS. ENDORSEMENT: Granted. Granting #36 Motion to Take Deposition from Cheryl Gudbaur. (Signed by Magistrate Judge Frank Maas on 12/2/2011) (rjm)
December 1, 2011	Filing 36 MOTION to Take Deposition from Cheryl Gudbaur by Remote Means. Document filed by Success Systems, Inc..(Pastore, Joseph)
November 17, 2011	Filing 35 NOTICE OF APPEARANCE by Paul R. Dehmel on behalf of Success Systems, Inc. (Dehmel, Paul)
November 9, 2011	Filing 34 FEDERAL RULE OF EVIDENCE 502(d) ORDER. IT IS HEREBY STIPULATED by and between the Parties hereto, through their respective counsel, subject to approval of the Court, that a Rule 502(d) Order as set forth hereinafter be entered. IT IS HEREBY ORDERED THAT: Any information or document produced by a Party during the course of or in connection with this action shall not constitute a waiver of that Party to assert any applicable privilege, including, but not limited to, the attorney client privilege or the attorney work product privilege, and as further set forth in said order. (Signed by Magistrate Judge Frank Maas on 11/9/2011) (rjm)
November 9, 2011	Filing 33 PROTECTIVE ORDER... regarding procedures to be followed that shall govern the handling of confidential material... This Protective Order does not bind the Court, which retains the right to modify it at any time. (Signed by Magistrate Judge Frank Maas on 11/9/2011) (rjm)
November 7, 2011	Filing 32 ORDER FOR ADMISSION PRO HAC VICE OF ELIZABETH L. BRANCH granting #31 Motion for Elizabeth L Branch to Appear Pro Hac Vice for defendant. (Signed by Judge Barbara S. Jones on 11/3/2011) (cd)
November 4, 2011	CASHIERS OFFICE REMARK on #31 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 11/02/2011, Receipt Number 1020754. (jd)
November 2, 2011	Filing 31 MOTION for Elizabeth L. Branch to Appear Pro Hac Vice. Document filed by Success Systems, Inc..(bwa) (pgu).
October 17, 2011	Filing 30 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Success Systems, Inc., The Nielsen Company (US), LLC.(Moran, Brian)
October 6, 2011	Filing 29 ORDER: The interim dates set forth in the parties' Rule 26(f) report (ECF No. 22) are adopted. To avoid potential future disputes, paragraph V(E)(10)(c) of the Report is modified to provide that ESI will be produced "in TIFF format on compact discs or other appropriate storage media, unless the parties agree that particular types of ESI will be produced in hard copy form." I have not signed the stipulated protective order because it combines a Fed. R. Evid 502(d) order, relating to privileged or work product documents, with other provisions concerning confidential (but not necessarily privileged or work product) documents. The two issues should be handled in separate proposed orders. (Signed by Magistrate Judge Frank Maas on 10/6/2011) Copies Sent By Chambers. (ab)
October 5, 2011	Filing 28 MEMO ENDORSEMENT on re: #25 Notice (Other) filed by Success Systems, Inc. ENDORSEMENT: So Ordered. (Signed by Judge Barbara S. Jones on 10/5/2011) (jfe)
September 27, 2011	Filing 27 NOTICE OF CHANGE OF ADDRESS by Leanne Elizabeth Shofi on behalf of Success Systems, Inc.. New Address: Smith, Gambrell & Russell, LLP, 250 Park Avenue, Suite 1900, New York, New York, USA 10177, (212) 907-9700. (Shofi, Leanne)
September 26, 2011	Filing 26 ORDER: A settlement conference shall be held on December 12, 2011, at 10:00 a.m., in Courtroom 6A. By December 19, 2011, all discovery shall be completed. (Signed by Magistrate Judge Frank Maas on 9/26/2011) (rdz)
September 23, 2011	Filing 25 NOTICE of Withdrawal of Counsel. Document filed by Success Systems, Inc.. (Attachments: #1 Affidavit)(Song, Brian)
September 20, 2011	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 9/20/2011. (ft)
September 7, 2011	Filing 24 NOTICE OF CHANGE OF ADDRESS by Joseph M. Pastore, III on behalf of Success Systems, Inc.. New Address: Smith, Gambrell & Russell, LLP, 250 Park Avenue, Suite 1900, New York, New York, USA 10177, (212) 907-9700. (Pastore, Joseph)
September 7, 2011	Filing 23 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Joseph M. Pastore III dated 9/6/2011 re: Counsel for the defendant requests an informal conference to discuss its request to stay discovery. ENDORSEMENT: The Court will hold a Telephone Conference on September 20, 2011, at 9:30 a.m. Mr. Pastore should imitate the call. If the date and time are not convenient, counsel should call Chambers together. (Telephone Conference set for 9/20/2011 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 9/6/2011) (ft)
August 16, 2011	Filing 22 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Exhibit Exhibit 1)(Moran, Brian)
June 29, 2011	Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 5/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 29, 2011	Filing 20 TRANSCRIPT of Proceedings re: argument held on 5/31/2011 before Judge Barbara S. Jones. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. 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 7/25/2011. Redacted Transcript Deadline set for 8/4/2011. Release of Transcript Restriction set for 9/30/2011.(McGuirk, Kelly)
June 24, 2011	Filing 19 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss.. Document filed by Success Systems, Inc.. (Pastore, Joseph)
June 21, 2011	Filing 18 AFFIDAVIT of Brian E. Moran in Opposition re: #13 MOTION to Dismiss.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
June 21, 2011	Filing 17 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss.. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
June 17, 2011	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Brian Eugene Moran to RE-FILE Document #16 Memorandum of Law in Opposition to Motion. ERROR(S): Supporting/Opposing documents must be filed separately, each receiving their own document number. Affidavit in Opposition to Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
June 17, 2011	Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss. Document filed by The Nielsen Company (US), LLC. (Attachments: #1 Affidavit Rule 56(f))(Moran, Brian) Modified on 6/20/2011 (ldi).
June 3, 2011	Filing 15 AFFIDAVIT of Scott J. Tarlow in Support re: #13 MOTION to Dismiss.. Document filed by Success Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Pastore, Joseph)
June 3, 2011	Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss.. Document filed by Success Systems, Inc.. (Pastore, Joseph)
June 3, 2011	Filing 13 MOTION to Dismiss. Document filed by Success Systems, Inc.. Responses due by 6/17/2011(Pastore, Joseph)
May 31, 2011	Filing 12 ORDER: The Order to Show Cause is DENIED. A hearing was held on May 31, 2011 to address Defendant's Motion for a Temporary Restraining Order, for a Preliminary Injunction, for Civil Contempt, and for Sanctions. Because Defendant failed to meet its burden in demonstrating either a likelihood of success on the merits or irreparable harm, and for all other reasons stated on the record, Defendant's Motion is DENIED. (Signed by Judge Barbara S. Jones on 5/31/2011) (jpo)
May 31, 2011	Filing 11 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Barbara S. Jones on 5/31/2011) (jpo)
May 31, 2011	Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by The Nielsen Company (US), LLC.(Wheelin, Brian)
May 27, 2011	Filing 9 NOTICE OF APPEARANCE by Leanne Elizabeth Shofi on behalf of Success Systems, Inc. (Shofi, Leanne)
May 26, 2011	Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Success Systems, Inc..(Pastore, Joseph)
May 26, 2011	Filing 7 NOTICE OF APPEARANCE by Brian Woo Hyon Song on behalf of Success Systems, Inc. (Song, Brian)
May 26, 2011	Filing 6 NOTICE OF APPEARANCE by Joseph M. Pastore, III on behalf of Success Systems, Inc. (Pastore, Joseph)
May 24, 2011	Filing 5 NOTICE OF APPEARANCE by Brian James Wheelin on behalf of The Nielsen Company (US), LLC (Wheelin, Brian)
May 20, 2011	Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint served. Success Systems, Inc. served on 5/13/2011, answer due 6/3/2011. Service was accepted by Mindy Noble. Document filed by The Nielsen Company (US), LLC. (Moran, Brian)
May 9, 2011	Filing 3 STIPULATION AND ORDER. It is hereby AGREED and ORDERED as follows: A. Success Obligations. Subject to the reservation of rights in Section C below, Defendant Success Systems, Inc. ("Success") shall: 1. Return without delay (to the extent not already delivered by Success), stop using and refrain from disclosing to anyone any reports, recommendations, specifications, drawings, sketches and other proprietary information prepared by Success for delivery to The Nielsen Company (US), LLC ("Nielsen") ("Work Product") pursuant to the scope of work set forth in the General Services Agreement dated October 1.2010 between Success and Nielsen (the "Nielsen C-Store Conversion Program"); 2. Return without delay, stop using and refrain from disclosing to anyone all confidential information of Nielsen, including the list of 1222 Nielsen stores (the "1222 Stores"). Nielsen's list of 5000 alternate stores (the "Nielsen Alternate Stores") and Nielsen's proprietary list of 30,000 stores (the "TDLinx Database Stores") culled from the universe of the TDLinx database that Nielsen screened, analyzed and determined met the sample conversion criteria that cannot be recreated by using third party sources (collectively, the "Nielsen Stores")... Except as otherwise provided above, nothing herein shall preclude Nielsen or Success from doing business with any convenience stores in the ordinary course or soliciting any convenience stores identified by them using means or sources apart from one another's proprietary lists that were exchanged as part of Nielsen's conversion project which lists are to be returned hereunder with the understanding that no use or disclosure may be made of such lists or the information therein, and as further set forth. (Signed by Judge Barbara S. Jones on 5/7/11) (rjm)
May 5, 2011	Filing 2 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties: (1) that the Order to Show Cause, issued on May 2, 2011 and attached hereto as Exhibit A, is withdrawn and rendered null and void. (2) that Defendant Success Systems, Inc. ("Success") shall show cause, before this Court on May 6, 2011 at 1:00 pm in Courtroom 17C at the United States Courthouse, 500 Pearl Street, New York, New York 10007 why the preliminary relief sought by Plaintiff The Nielsen Company (US), LLC ("Nielsen") should not issue and/or raise any other objections they may have. (3) that service copies of Nielsen's Motion for a Temporary Restraining Order and Preliminary Injunctive Relief and its supporting papers, as well as a copy of this Order To Show Cause, have been delivered to counsel for Success and shall be deemed sufficient service. (Show Cause Hearing set for 5/6/2011 at 01:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell Part I on 5/4/11) (rjm) Modified on 5/5/2011 (rjm). Modified on 5/9/2011 (rjm).
April 29, 2011	Filing 1 COMPLAINT against Success Systems, Inc.. (Filing Fee $ 350.00, Receipt Number 46540100471)Document filed by The Nielsen Company (US), LLC.(rdz) (Additional attachment(s) added on 4/25/2012: #1 Exhibit) (rdz).
April 29, 2011	SUMMONS ISSUED as to Success Systems, Inc.. (rdz)
April 29, 2011	Case Designated ECF. (rdz)
April 29, 2011	Magistrate Judge Frank Maas is so designated. (rdz)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: The Nielsen Company (US), LLC v. Success Systems, Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: The Nielsen Company (US), LLC
Represented By:	Brian Eugene Moran
Represented By:	Brian James Wheelin
Represented By:	Joseph L. Clasen
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Consolidated plaintiff: Success Systems, Inc.
Represented By:	Joseph M. Pastore, III
Represented By:	Leanne Elizabeth Shofi
Represented By:	Paul R. Dehmel
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Scott Sottile
Represented By:	James Sottile, IV
Represented By:	Benjamin Joseph Voce-Gardner
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Scott Tarlow
Represented By:	Joseph M. Pastore, III
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Mindy Novick
Represented By:	Joseph M. Pastore, III
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Consolidated defendant: Scanning Solutions, LLC
Represented By:	Brian Eugene Moran
Represented By:	Brian James Wheelin
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?