Uni-World Capital, L.P. et al v. Preferred Fragrance, Inc. et al
Plaintiff: Fragrance Holdings LLC, Uni-World Capital, L.P., Uni-World Capital AIV, L.P. and Fragrance Acquisitions, LLC
Defendant: Solomon Tyrnauer, Sarah Polatsek, Abraham Polatsek, Harry Polatsek, Preferred Fragrance, Inc., Ezriel Polatsek, Bent Philipson, Ouleaf, Inc., Pujiang Onlyou Cosmetics Co., Ltd., Joseph Rubenstein, Benjamin Landa and Qian Liu
Not Classified By Court: Exceed LLC and Watermark Beauty LLC
Case Number: 1:2013cv07204
Filed: October 11, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78 m(a) Securities Exchange Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 8, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 8, 2015 Filing 284 STIPULATION OF SETTLEMENT AND DISMISSAL: NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and the Settling Defendants, that, pursuant to Federal Rule of Civil Procedure 41, the above-captioned action has been settled and is thus hereby dismissed without costs to any party as against any other; IT IS FURTHER STIPULATED AND AGREED that the dismissal of this action as against the Settling Defendants will remain without prejudice until the Settling Defendants fulfill all payment obligations set forth in Section 1 of the Settlement Agreement. Upon payment of all amounts due under Section 1 of the Settlement Agreement on May 1, 2016, dismissal of this action will become with prejudice as against the Settling Defendants; and IT IS FURTHER STIPULATED AND AGREED that that this Court retains jurisdiction to enforce and implement the respective terms and provisions of the Settlement Agreement, all amendments thereto, any waivers and consents thereunder. (Signed by Judge Paul A. Engelmayer on 6/8/2015) (kl) (Additional attachment(s) added on 6/9/2015: #1 Exhibit Settlement Agreement and Mutual Release, #2 Exhibit A to Settlement Agreement, #3 Exhibit B to Settlement Agreement, #4 Exhibit C to Settlement Agreement, #5 Exhibit D to Settlement Agreement, #6 Exhibit E to Settlement Agreement, #7 Exhibit F to Settlement Agreement, #8 Exhibit G to Settlement Agreement, #9 Exhibit H to Settlement Agreement) (mro).
June 5, 2015 Filing 283 LETTER addressed to Judge Paul A. Engelmayer from Jonathan L. Hochman dated June 5, 2015 re: settlement. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Hochman, Jonathan)
May 8, 2015 Filing 282 MANDATE of USCA (Certified Copy) as to #199 Notice of Interlocutory Appeal, filed by Ezriel Polatsek. USCA Case Number 14-3333. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/08/2015. (nd)
May 6, 2015 Opinion or Order Filing 281 ORDER OF DISCONTINUANCE: The Court has received notification from the parties that they have, again, reached a settlement in principle. Dkt. 280. It is hereby ordered that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. The Court will not again extend this deadline. All other deadlines are adjourned until further order of the Court. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 5/6/2015) (kl)
May 6, 2015 Filing 280 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated May 6, 2015 re: progress of settlement discussions. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
May 1, 2015 Opinion or Order Filing 279 ORDER: The Court has received notification from the plaintiffs that the parties were unable to finalize a settlement agreement by the April 30, 2015 deadline. Dkt. 278. Accordingly, this case is hereby restored. The Clerk of Court is respectfully directed to re-open this case. As of February 27,2015, when the parties reported a tentative settlement, discovery was scheduled to close on March 6, 2015, i.e., in approximately one week. Dkt. 268. The Court accordingly reopens discovery, but only for a limited period. The deadline to complete discovery is hereby extended to May 15, 2015. The Court will not further extend this deadline. By May 29, 2015, any party that intends to move for summary judgment must submit a letter setting forth the basis for the anticipated motion, in accordance with the Court's individual rules. Counsel for all parties are directed to appear on June 8, 2015 at 10:30 a.m. At that conference, the Court will set either a prompt schedule for summary judgment motions or a date for trial., ( Discovery due by 5/15/2015.), ( Status Conference set for 6/8/2015 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/1/2015) (lmb)
April 30, 2015 Filing 278 LETTER addressed to Judge Paul A. Engelmayer from Karen Steel dated April 30, 2015 re: Restoring Action. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
March 31, 2015 Opinion or Order Filing 277 ORDER: The Court has received letters from the parties reporting that settlement negotiations are still ongoing. Dkt. 275-76. The deadline to restore this action is hereby extended to April 30, 2015. The parties should not expect a further extension of this deadline. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/31/2015) (kl)
March 30, 2015 Filing 276 LETTER addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 3/30/2015 re: Plaintiffs' Application To Restore. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein.(Lipsius, Ira)
March 27, 2015 Filing 275 LETTER addressed to Judge Paul A. Engelmayer from Karen Steel dated 3/27/2015 re: Application to Restore. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
February 27, 2015 Opinion or Order Filing 274 ORDER OF DISCONTINUANCE: The Court has received notification from the parties that they have reached a settlement in principle. Dkt. 273. It is hereby ordered that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. All deadlines are hereby adjourned until further order of the Court. The Clerk of Court is directed to terminate the motions pending at docket numbers 202 and 231, and to close this case. (Signed by Judge Paul A. Engelmayer on 2/27/2015) (lmb)
February 27, 2015 Terminate Transcript Deadlines (lmb)
February 26, 2015 Filing 273 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 2/26/2015 re: Settlement agreement in principle. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Lipsius, Ira)
February 23, 2015 Filing 272 LETTER addressed to Judge Paul A. Engelmayer from Karen Steel dated 02/23/2015 re: Mediation. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
February 19, 2015 Filing 271 INTERNET CITATION NOTE: Material from decision with Internet citation re: #156 Memorandum & Opinion. (vf)
January 29, 2015 Opinion or Order Filing 270 ORDER deferring ruling on #202 Motion for Attorney Fees; deferring ruling on #231 Motion to Stay. The parties have notified the Court that they are attending a JAMS mediation session on February 19, 2015 and that they hope to settle this case. Dkt. 267. The Court shares that hope. In light of that mediation, the Court hereby stays the motions regarding attorneys' fees pending that mediation, for two reasons. First, the parties may be able to settle this matter, thereby mooting these motions. Second, the nature of the inquiries and analysis that the Court may be called upon to make in resolving the motions relating to fees may not prove conducive to promoting settlement. If the parties' settlement efforts are unsuccessful, the Court expects to turn to, and promptly resolve, plaintiffs' motion for fees and defendant's motion for a stay until final judgment. The Clerk of Court is directed to stay the motions pending at docket numbers 202 and 231 until further order of the Court. (Signed by Judge Paul A. Engelmayer on 1/29/2015) (lmb)
January 28, 2015 Opinion or Order Filing 269 OPINION & ORDER #105174 re: #238 MOTION to Dismiss Plaintiffs' Second Amended Complaint. filed by Abraham Polatsek. For the foregoing reasons herein, the Court grants defendant Abraham Polatsek's motion to dismiss plaintiffs' claim against him. The Clerk of Court is directed to terminate the motion pending at docket number 238 and to terminate Abraham Polatsek as a defendant in this case. (Signed by Judge Paul A. Engelmayer on 1/28/2015) (kgo) Modified on 1/29/2015 (ca).
January 12, 2015 Filing 268 MEMO ENDORSEMENT on re: #267 Letter, filed by Bent Philipson, Benjamin Landa, Ezriel Polatsek, Abraham Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek. ENDORSEMENT: The Court appreciates the update regarding the parties' mediation schedule. Discovery in this case is hereby stayed until March 6, 2015. The parties are directed to submit a joint letter as to the status of the mediation by February 23, 2015. The letter should not disclose the substance of the parties' settlement positions. In the event the mediation is not successful, the parties should be prepared to complete discovery by March 6, 2015 and should not expect a further extension of time. (Signed by Judge Paul A. Engelmayer on 1/9/2015) (djc)
January 12, 2015 Set/Reset Deadlines: Discovery due by 3/6/2015. (djc)
January 9, 2015 Filing 267 LETTER addressed to Judge Paul A. Engelmayer from Ira Lipsius, Esq. dated 01/09/15 re: Scheduling Mediation. Document filed by Benjamin Landa, Bent Philipson, Abraham Polatsek, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Lipsius, Ira)
January 6, 2015 Opinion or Order Filing 266 ORDER terminating #261 Letter Motion for Conference; terminating #263 Letter Motion for Conference: that Discovery in this case is hereby stayed for 30 days. The parties are directed to pursue mediation expeditiously, and they should not expect a further stay of discovery. The Court also directs the parties to submit a joint letter as to the status of the mediation every two weeks, with the first such letter due on January 20, 2015. The letters should not disclose the substance of the parties' settlement positions. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 261, 263, and 265. (Signed by Judge Paul A. Engelmayer on 1/6/2015) (tn) Modified on 1/7/2015 (tn).
January 6, 2015 Filing 265 JOINT LETTER addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 1/6/2015 re: Stay Discovery Pending Mediation. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein.(Lipsius, Ira)
January 5, 2015 Filing 264 LETTER addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 1/5/2015 re: ECF No. 263 Letter Motion re: deposition schedule. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein.(Lipsius, Ira)
December 29, 2014 Filing 263 LETTER MOTION for Conference re: deposition schedule addressed to Judge Paul A. Engelmayer from Karen M. Steel dated December 29, 2014. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Steel, Karen)
December 29, 2014 Filing 262 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Karen M. Steel dated December 29, 2014 re: #261 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 12/22/2014. . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Steel, Karen)
December 22, 2014 Filing 261 LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 12/22/2014. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein. (Attachments: #1 Exhibit Plaintiffs' Response to Preferred Defendants' First Document Requests, #2 Exhibit Plaintiffs' Search Parameters, #3 Exhibit Defendants' letter re Search Parameters, #4 Exhibit Plaintiffs' response letter re Search Parameters, #5 Exhibit Plaintiffs' additional Search Parameters)(Lipsius, Ira)
December 8, 2014 Filing 260 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated December 8, 2014 re: Plaintiffs' motion for attorneys' fees. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
December 1, 2014 Opinion or Order Filing 259 ORDER denying #255 Letter Motion for Local Rule 37.2 Conference; denying #256 Letter Motion for Local Rule 37.2 Conference; denying #257 Letter Motion for Local Rule 37.2 Conference. The parties' request for a conference to address these issues is denied. Instead, for the following reasons, defendant's motion to quash is granted in part and denied in part, and plaintiffs' request for leave to conduct three additional depositions is granted. And as set forth herein. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 255, 256, and 257. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/01/2014) (ama)
November 26, 2014 Filing 258 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated November 26, 2014 re: opposition to Watermark Beauty, LLC's November 24, 2014 motion to quash. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
November 24, 2014 Filing 257 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Paul A. Engelmayer from Alan A. Heller dated November 24, 2014. Document filed by Watermark Beauty LLC. (Attachments: #1 Exhibit A)(Liebowitz, Benjamin)
November 24, 2014 Filing 256 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Paul A. Engelmayer from Karen M. Steel dated November 24, 2014. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A)(Steel, Karen)
November 20, 2014 Filing 255 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Paul A. Engelmayer from Alan A. Heller dated November 19, 2014. Document filed by Abraham Polatsek. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liebowitz, Benjamin)
November 19, 2014 Filing 254 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Local Rule 37.2 Conference /Letter Motion to Quash Subpoenas addressed to Judge Paul A. Engelmayer from Alan A. Heller, Esq. dated November 19, 2014. Document filed by Abraham Polatsek. (Attachments: #1 Exhibit, #2 Exhibit)(Liebowitz, Benjamin) Modified on 11/19/2014 (ldi).
November 14, 2014 Opinion or Order Filing 253 ORDER: granting #252 Letter Motion for Extension of Time to Complete Discovery. Granted. The deadline for fact discovery is hereby moved to February 15, 2015, and the deadline for expert discovery is moved to April 16, 2015. The case management conference currently scheduled for January 23, 2015 is accordingly moved to March 12, 2015 at 9:30a.m. The parties should not expect further extensions of time to complete discovery. (Signed by Judge Paul A. Engelmayer on 11/14/2014) (djc) Modified on 11/14/2014 (djc).
November 14, 2014 Set/Reset Hearings: (Case Management Conference set for 3/12/2015 at 09:30 AM before Judge Paul A. Engelmayer.) Set/Reset Deadlines: ( Expert Discovery due by 4/16/2014. Fact Discovery due by 2/15/2015.) (djc)
November 13, 2014 Filing 252 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Ira S. Lipsius dated 11/13/2014. Document filed by Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein.(Lipsius, Ira)
November 13, 2014 Opinion or Order Filing 251 ORDER of USCA (Certified Copy) as to #199 Notice of Interlocutory Appeal, filed by Ezriel Polatsek. USCA Case Number 14-3333. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/13/2014. (nd)
November 11, 2014 Filing 250 REPLY MEMORANDUM OF LAW in Support re: #238 MOTION to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Abraham Polatsek. (Liebowitz, Benjamin)
November 7, 2014 Filing 249 NOTICE OF APPEARANCE by Phillip M. Manela on behalf of Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein. (Manela, Phillip)
November 4, 2014 Filing 248 MEMORANDUM OF LAW in Opposition re: #238 MOTION to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
October 29, 2014 Filing 247 DECLARATION of Ezriel Polatsek in Support re: #231 MOTION to Stay Plaintiffs' Award of Legal Fees.. Document filed by Ezriel Polatsek. (Weg, Steven)
October 29, 2014 Filing 246 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Stay Plaintiffs' Award of Legal Fees. . Document filed by Ezriel Polatsek. (Weg, Steven)
October 24, 2014 Filing 245 NOTICE OF APPEARANCE by Ira S. Lipsius on behalf of Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein. (Lipsius, Ira)
October 22, 2014 Filing 244 DECLARATION of Karen M. Steel in Opposition re: #231 MOTION to Stay Plaintiffs' Award of Legal Fees.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Steel, Karen)
October 22, 2014 Filing 243 MEMORANDUM OF LAW in Opposition re: #231 MOTION to Stay Plaintiffs' Award of Legal Fees. . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
October 16, 2014 Filing 242 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated October 16, 2014 re: Ezriel Polatsek's letter motion to strike Plaintiffs' reply papers in support of motion for attorneys' fees. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
October 15, 2014 Opinion or Order Filing 241 ORDER: On October 14, 2014, defendant Abraham Polatsek moved to dismiss the Second Amended Complaint. Dkt. 238. Plaintiffs' opposition is due on November 4, 2014. Defendant's reply is due on November 11, 2014. Set Deadlines/Hearing as to #238 MOTION to Dismiss Plaintiffs' Second Amended Complaint: ( Responses due by 11/4/2014, Replies due by 11/11/2014.) (Signed by Judge Paul A. Engelmayer on 10/15/2014) (mro)
October 14, 2014 Filing 240 NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANTS QIAN LIU AND PUJIANG ONLYOU COSMETICS CO., LTD: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the claims by plaintiffs Uni-World Capital, L.P., Uni-World Capital AIV, L.P., Fragrance Holdings, LLC and Fragrance Acquisitions, LLC ("Plaintiffs") against defendants Qian Liu and Pujiang Onlyou Cosmetics Co., Ltd. are dismissed without prejudice. Neither of these defendants have filed either an answer or a motion for summary judgment in this action. No other party to this action, other than those listed above, is being dismissed by this Notice. (Signed by Judge Paul A. Engelmayer on 10/14/2014) (mro)
October 14, 2014 Filing 239 MEMORANDUM OF LAW in Support re: #238 MOTION to Dismiss Plaintiffs' Second Amended Complaint. . Document filed by Abraham Polatsek. (Liebowitz, Benjamin)
October 14, 2014 Filing 238 MOTION to Dismiss Plaintiffs' Second Amended Complaint. Document filed by Abraham Polatsek.(Liebowitz, Benjamin)
October 14, 2014 Filing 237 NOTICE OF APPEARANCE by Ira S. Lipsius on behalf of Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Solomon Tyrnauer. (Lipsius, Ira)
October 14, 2014 Filing 236 ANSWER to #215 Counterclaim. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
October 14, 2014 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Karen Steel Document #234 Notice of Voluntary Dismissal, was referred to Judge Paul A. Engelmayer for approval. (jno)
October 10, 2014 Opinion or Order Filing 235 STIPULATION OF VOLUNTARY DISMISSAL AS TO DEFENDANT OULEAF, INC. AND ORDER: This Court, having considered the parties' Stipulation of Voluntary Dismissal, hereby DISMISSES, without prejudice, Ouleaf, Inc. as a defendant in claims brought by Plaintiffs UniWorld Capital, L.P., Uni-World Capital AIV, L.P., Fragrance Holdings, LLC. and Fragrance Acquisitions, LLC, pursuant to Fed. R. Civ. P. 41(a)(2). Each party shall bear its own fees and expenses. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/10/2014) (ama)
October 10, 2014 Filing 234 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Qian Liu, Pujiang Onlyou Cosmetics Co., Ltd.. Document filed by Fragrance Holdings LLC, Uni-World Capital, L.P., Fragrance Acquisitions, LLC, Uni-World Capital AIV, L.P.. (Steel, Karen) Modified on 10/14/2014 (jno).
October 9, 2014 Filing 233 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. Abraham Polatsek served on 9/2/2014, answer due 10/14/2014. Service was accepted by Abraham Polatsek. Document filed by Fragrance Holdings LLC; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC; Uni-World Capital AIV, L.P.. (Steel, Karen)
October 8, 2014 Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION to Stay Plaintiffs' Award of Legal Fees. . Document filed by Ezriel Polatsek. (Attachments: #1 Appendix A)(Weg, Steven)
October 8, 2014 Filing 231 MOTION to Stay Plaintiffs' Award of Legal Fees. Document filed by Ezriel Polatsek.(Weg, Steven)
October 8, 2014 Filing 230 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated October 7, 2014 re: Striking Document Nos. [226-227]. Document filed by Ezriel Polatsek.(Weg, Steven)
October 8, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Steven Andrew Weg to RE-FILE Document #229 MOTION to Strike Document No. [226-227] . Use the event type Letter found under the event list Other Documents. (db)
October 7, 2014 Filing 229 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [226-227] . Document filed by Ezriel Polatsek.(Weg, Steven) Modified on 10/8/2014 (db).
October 7, 2014 Opinion or Order Filing 228 ORDER: The Court has received letters from plaintiffs and from defendant Ezriel Polatsek regarding the proposed protective order. Dkt. 224, 225. "The grant and nature of protection is singularly within the discretion of the district court." Dove v. Atl. Capital Corp., 963 F.2d 15, 19 (2d Cir. 1992) (quoting Galella v. Onassis, 487 F.2d 986, 997 (2d Cir. 1973)). When all parties stipulate to a protective order, this Court frequently grants the order as a matter of course. See Dkt. 224, at 1 n.l (collecting cases). But when the parties disagree, the Court must balance one side's interest in privacy against the other side's interest in reviewing relevant evidence. See, e.g., Standard Inv. Chartered, Inc. v. Fin. Indus. Regulatory Auth., Ind., 347 F. App'x 615,617 (2d Cir. 2009) (summary order); Chen-Oster v. Goldman, Sachs & Co., 293 F.R.D. 557, 566 (S.D.N.Y. 2013). "[T]he burden is upon the party seeking non-disclosure or a protective order to show good cause." Dove, 963 F.2d at 15 (quoting Penthouse Int'l, Ltd. v. Playboy Enterprises, 663 F.2d 371,391 (2d Cir. 1981)). Here, plaintiffs have not shown good cause for designating any documents as "attorneys' eyes only," preventing even the parties from reviewing such documents. The Court has already issued a preliminary injunction forbidding Polatsek from violating the non-compete agreements, Dkt. 156, and plaintiffs have provided no basis for concluding that Polatsek has or will violate the Court's order. Plaintiffs have not explained why the preliminary injunction, combined with the "confidential" designation permitted by the agreed-upon portion of the protective order, is insufficient. And as a general proposition, it may assist counsel (or counsel's expert) in reviewing materials produced by an adversary to have the benefit of counsel's client's insights. The Court therefore issues the attached protective order, including the clause proposed by Polatsek. (Signed by Judge Paul A. Engelmayer on 10/7/2014) (mro)
October 6, 2014 Filing 227 DECLARATION of Jonathan L. Hochman in Support re: #202 MOTION for Attorney Fees .. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steel, Karen)
October 6, 2014 Filing 226 REPLY MEMORANDUM OF LAW in Support re: #202 MOTION for Attorney Fees . . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
October 6, 2014 Filing 225 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated October 6, 2014 re: inclusion of Attorneys' Eyes Only designation in Protective Order. Document filed by Ezriel Polatsek. (Attachments: #1 Exhibit A)(Weg, Steven)
October 3, 2014 Filing 224 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated October 3, 2014 re: inclusion of Attorneys' Eyes Only designation in Protective Order. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
September 30, 2014 Opinion or Order Filing 223 ORDER: The Court has received the correspondence from plaintiffs and from defendant Ezriel Polatsek regarding the proposed protective order. Dkt. 220, 221. By October 3, 2014, counsel for plaintiffs shall file a letter showing good cause for designating any documents as "attorneys' eyes only," preventing even the parties from reviewing such documents. Counsel for defendant shall file their response, if any, by October 8, 2014. Plaintiffs are directed to produce any documents not subject to the proposed protective order forthwith. (Signed by Judge Paul A. Engelmayer on 9/30/2014) (djc)
September 30, 2014 Opinion or Order Filing 222 ORDER: The Court has received the declaration from Seth Eisenberger, Esq. in support of his motion to withdraw. Dkt. 217. Mr. Eisenberger is hereby relieved as counsel for Ouleaf, Inc. in this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/30/2014) (ama)
September 30, 2014 Filing 221 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated September 30, 2014 re: Draft Protective Order. Document filed by Ezriel Polatsek.(Weg, Steven)
September 30, 2014 Filing 220 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated September 30, 2014 re: Draft Protective Order. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A)(Steel, Karen)
September 29, 2014 Filing 219 DECLARATION of Steven A. Weg in Opposition re: #202 MOTION for Attorney Fees .. Document filed by Ezriel Polatsek. (Attachments: #1 Exhibit A- Transcript of 3/14/14, #2 Exhibit B- Email from Karen Steel, #3 Exhibit C- Anthony Hatab Deposition Transcript)(Weg, Steven)
September 29, 2014 Filing 218 MEMORANDUM OF LAW in Opposition re: #202 MOTION for Attorney Fees . . Document filed by Ezriel Polatsek. (Weg, Steven)
September 29, 2014 Filing 217 DECLARATION of Seth Eisenberger re: #216 Order on Motion to Withdraw as Attorney,, (Declaration of Service Upon Ouleaf and Abraham Polatsek. Document filed by Ouleaf, Inc., Abraham Polatsek. (Eisenberger, Seth)
September 25, 2014 Opinion or Order Filing 216 ORDER: granting #201 Motion to Withdraw as Attorney. Mr. Eisenberger is directed to serve a copy of this Order on Ouleaf forthwith. Upon the completion of service, Mr. Eisenberger shall file a sworn declaration or affidavit on ECF attesting that service was made and specifying the dates and means of such service. Upon entry of the declaration or affidavit, the Court expects to issue an order relieving Mr. Eisenberger as counsel for Ouleaf in this case. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 201. Attorney Seth Eisenberger terminated. (Signed by Judge Paul A. Engelmayer on 9/25/2014) (djc)
September 24, 2014 Filing 215 ANSWER to #182 Amended Complaint,,,., COUNTERCLAIM against All Plaintiffs. Document filed by Sarah Polatsek, Harry Polatsek, Preferred Fragrance, Inc., Ezriel Polatsek. (Attachments: #1 Affidavit / Certificate of Service)(Buckey, Christopher)
September 24, 2014 Filing 214 ANSWER to Complaint., COUNTERCLAIM against All Plaintiffs. Document filed by Preferred Fragrance, Inc., Sarah Polatsek, Ezriel Polatsek, Harry Polatsek. (Attachments: #1 Affidavit / Certificate of Service - Answer and Counterclaims of Defendants to Second Amended Complaint)(Quinlan, Emily)
September 23, 2014 Filing 213 ANSWER to #182 Amended Complaint,,,. Document filed by Ouleaf, Inc..(Eisenberger, Seth)
September 23, 2014 Filing 212 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ouleaf, Inc..(Eisenberger, Seth)
September 23, 2014 Filing 211 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to #182 Amended Complaint, COUNTERCLAIM against Preferred Fragrance, Inc., Sarah Polatsek, Ezriel Polatsek, Harry Polatsek. Document filed by Preferred Fragrance, Inc., Sarah Polatsek, Ezriel Polatsek, Harry Polatsek. (Attachments: #1 Certificate of Service)(Buckey, Christopher) Modified on 9/24/2014 (ka).
September 23, 2014 Filing 210 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Seth Eisenberger dated September 23, 2014. Document filed by Ouleaf, Inc..(Eisenberger, Seth)
September 22, 2014 Opinion or Order Filing 209 ORDER granting in part and denying in part #206 Letter Motion for Extension of Time to Answer re #182 Amended Complaint. In light of plaintiff's consent, the briefing deadlines are hereby moved as stated on page 1 of this letter. However, the Court denies the request to stay discovery. (Signed by Judge Paul A. Engelmayer on 9/22/2014) (djc)
September 22, 2014 Set/Reset Deadlines: Motions due by 10/14/2014. Responses due by 10/30/2014. Replies due by 11/10/2014. (djc)
September 22, 2014 Filing 208 NOTICE OF APPEARANCE by Alan Avery Heller on behalf of Abraham Polatsek. (Heller, Alan)
September 22, 2014 Filing 207 NOTICE OF CHANGE OF ADDRESS by Benjamin Daniel Liebowitz on behalf of Abraham Polatsek. New Address: Garvey Schubert Barer, 100 Wall Street, 20th Floor, New York, NY, USA 10005, 212-965-4535. (Liebowitz, Benjamin)
September 18, 2014 Filing 206 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Benjamin Liebowitz dated September 18, 2014. Document filed by Abraham Polatsek.(Liebowitz, Benjamin)
September 18, 2014 Filing 205 NOTICE OF APPEARANCE by Benjamin Daniel Liebowitz on behalf of Abraham Polatsek. (Liebowitz, Benjamin)
September 12, 2014 Filing 204 DECLARATION of Jonathan L. Hochman in Support re: #202 MOTION for Attorney Fees .. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (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)(Steel, Karen)
September 12, 2014 Filing 203 MEMORANDUM OF LAW in Support re: #202 MOTION for Attorney Fees . . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
September 12, 2014 Filing 202 MOTION for Attorney Fees . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
September 12, 2014 Filing 201 MOTION for Seth Eisenberger to Withdraw as Attorney . Document filed by Ouleaf, Inc., Abraham Polatsek.(Eisenberger, Seth)
September 8, 2014 Opinion or Order Filing 200 ORDER: The case management conference currently scheduled for October 24, 2014 at 2:30p.m. is hereby moved to January 23, 2015 at 10:30 a.m. ( Case Management Conference set for 1/23/2015 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/8/2014) (djc)
September 4, 2014 Filing 199 NOTICE OF INTERLOCUTORY APPEAL from #156 Memorandum & Opinion,,,, #181 Memorandum & Opinion,,,,,,,,,. Document filed by Ezriel Polatsek. Filing fee $ 505.00, receipt number 0208-10064474. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Weg, Steven)
September 4, 2014 Opinion or Order Filing 198 MEMO ENDORSEMENT on re: #197 Letter filed by Abraham Polatsek, Ouleaf, Inc. ENDORSEMENT: The request is granted. Counsel's motion and accompanying in camera affidavit will be due on September 12, 2014. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/4/2014) (tn) Modified on 9/8/2014 (tn).
September 4, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #199 Notice of Interlocutory Appeal, filed by Ezriel Polatsek were transmitted to the U.S. Court of Appeals. (nd)
September 4, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #199 Notice of Interlocutory Appeal,. (nd)
September 3, 2014 Filing 197 LETTER addressed to Judge Paul A. Engelmayer from Seth Eisenberger dated September 3, 2014 re: Representation of Ouleaf Inc. and Abraham Polatsek. Document filed by Ouleaf, Inc., Abraham Polatsek.(Eisenberger, Seth)
September 2, 2014 Filing 196 ANSWER to #182 Amended Complaint,,,. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein.(Scharf, Yehuda)
August 29, 2014 Opinion or Order Filing 195 PLAINTIFFS' CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: 10 days. Deposition due by 12/12/2014. Fact Discovery due by 12/23/2014. Expert Discovery due by 2/10/2015. Case Management Conference set for 10/24/2014 at 02:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/29/2014) (ajs)
August 29, 2014 Opinion or Order Filing 194 ORDER: The Court has approved the proposed case management plan submitted by Uni-World Capital, L.P. It is attached to this order. The Court has modified the proposed plan in one respect: It has set the fact discovery deadline for December 23, 2014, a date in between the dates proposed by the parties. In the event of a showing of good cause, the Court will entertain a request for modification of this schedule, but the parties should not assume that any such extension will be granted. The Court is not setting a case management conference at this time, because the parties have not articulated a concrete need for such a conference, because the fact discovery end date which the Court has chosen is sufficiently close to those recommended by the parties (December 12, 2014 by plaintiffs, and January 9, 2014 by the Preferred Defendants) as to not necessitate a conference, and because the Court is already familiar, from the extensive prior proceedings in this case, of the nature of the matter. SO ORDERED. (Fact Discovery due by 12/23/2014.) (Signed by Judge Paul A. Engelmayer on 8/29/2014) (ajs)
August 29, 2014 Set/Reset Deadlines: All Defendants. (ajs)
August 28, 2014 Opinion or Order Filing 193 ORDER re: #191 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P., Ezriel Polatsek. Plaintiffs' brief as to the issue of the fees which defendant must pay is due on September 12, 2014. Defendants' opposition is due on September 29, 2014. Plaintiffs' reply is due on October 6, 2014 ( Motion due by 9/12/2014. Responses due by 9/29/2014, Replies due by 10/6/2014.) (Signed by Judge Paul A. Engelmayer on 8/28/2014) (cd)
August 27, 2014 Filing 192 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated August 27, 2014 re: Meet and Confer on Discovery Schedule, Pre-trial Conference, and Case Management Plan. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Steel, Karen)
August 27, 2014 Filing 191 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel and Steven A. Weg dated August 27, 2014 re: Meet and Confer to Discuss Calculation of Reasonable Attorneys' Fees. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Ezriel Polatsek, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
August 21, 2014 Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/26/14 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 21, 2014 Filing 189 TRANSCRIPT of Proceedings re: HEARING held on 6/26/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (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 9/15/2014. Redacted Transcript Deadline set for 9/25/2014. Release of Transcript Restriction set for 11/24/2014.(McGuirk, Kelly)
August 20, 2014 Opinion or Order Filing 188 OPINION & ORDER #104669 re: #184 MOTION for Reconsideration re; #181 Memorandum & Opinion, filed by Preferred Fragrance, Inc. As set forth within, Preferred's motion for reconsideration is, therefore, denied. The Clerk of Court is directed to terminate the motion pending at docket number 184. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/20/2014) (ajs) Modified on 8/21/2014 (ajs). Modified on 9/4/2014 (ca).
August 19, 2014 Opinion or Order Filing 187 ORDER: Due to a scheduling conflict, the conference currently scheduled for October 24, 2014, at 10:00 a.m. is moved to October 24, 2014, at 2:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/19/2014) (ajs) Modified on 8/19/2014 (ajs).
August 19, 2014 Set/Reset Hearings: Case Management Conference set for 10/24/2014 at 02:30 PM before Judge Paul A. Engelmayer. (ajs)
August 18, 2014 Filing 186 ELECTRONIC SUMMONS ISSUED as to Qian Liu, Ouleaf, Inc., Abraham Polatsek, Pujiang Onlyou Cosmetics Co., Ltd. (laq)
August 15, 2014 Filing 185 MEMORANDUM OF LAW in Support re: #184 MOTION for Reconsideration re; #181 Memorandum & Opinion,,,,,,,,, . . Document filed by Preferred Fragrance, Inc.. (Wales, Elliot)
August 15, 2014 Filing 184 MOTION for Reconsideration re; #181 Memorandum & Opinion,,,,,,,,, . Document filed by Preferred Fragrance, Inc..(Wales, Elliot)
August 13, 2014 Filing 183 REQUEST FOR ISSUANCE OF SUMMONS as to Abraham Polatsek, Ouleaf, Inc., Qian Liu, and Pujiang Onlyou Cosmetics Co., Ltd., re: #182 Amended Complaint,,,. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Hochman, Jonathan)
August 13, 2014 Filing 182 SECOND AMENDED COMPLAINT amending #32 Amended Complaint,, against Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Solomon Tyrnauer, Ouleaf, Inc., Abraham Polatsek, Qian Liu, Pujiang Onlyou Cosmetics Co., Ltd..Document filed by Fragrance Holdings LLC, Uni-World Capital, L.P., Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC. Related document: #32 Amended Complaint,, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P.. (Attachments: #1 July 21 Order Granting Leave to Amend, #2 August 8 Order Extending Deadline to File Amended Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Hochman, Jonathan)
August 8, 2014 Opinion or Order Filing 181 MEMORANDUM AND OPINION #104589 re: #167 MOTION to Dismiss Amended Complaint Rule 12(b)(f), FRCPLack of Subject Matter Jurisdiction filed by Ezriel Polatsek, #170 MOTION to Dismiss for Lack of Jurisdiction filed by Ezriel Polatsek, #169 MOTION to Dismiss Amended Motion to Dismiss Amended Complaint Rule 12(b)(f), FRCP Lack of Subject Matter Jurisdiction filed by Preferred Fragrance, Inc. For the foregoing reasons, defendants' motions to dismiss the 10b-5 claim are denied, as is Ezriel's Rule 60(b) motion for relief from preliminary injunction. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 167, 169, and 170. The Court previously directed the parties to meet and confer to attempt to reach agreement on the amount of reasonable fees plaintiffs incurred in obtaining the preliminary injunction. The parties shall meet and confer and, by August 27, 2014, inform the Court whether they have reached agreement. If they have not, the Court will set a briefing schedule as to the issue of reasonable fees. Separately, the Court notes that, pursuant to the Court's July 21, 2014 decision on plaintiffs' motion for leave to amend, plaintiffs were to file a Second Amended Complaint consistent with that decision by July 23, 2014. See Dkt. 166 at 25. The docket reflects no such filing. Accordingly, by August 13, 2014, plaintiffs are to file a Second Amended Complaint consistent with the decision at docket number 166, or file a letter stating that they wish to forego that right and will continue this litigation with the FAC as the operative complaint. If plaintiffs file a Second Amended Complaint, then by August 27, 2014, the parties shall meet and confer and submit (1) a joint letter setting forth a proposed schedule for the remainder of discovery and for the filing and briefing of any motions by the new defendants to dismiss the Second Amended Complaint; (2) a revised proposed case management plan; and (3) a statement of whether the parties believe that an initial pretrial conference, this time involving the new defendants, would be productive. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/8/2014) (ajs) Modified on 8/11/2014 (ca).
August 4, 2014 Filing 180 REPLY MEMORANDUM OF LAW in Support re: #159 MOTION Motion for Rule 60(b) FRCP relief from mistake of the Court's opinion of July 10, 2014 ., #170 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Ezriel Polatsek. (Attachments: #1 Appendix Janel World Trade, Ltd v. World Logistics Services, Inc. Papers)(Weg, Steven)
August 4, 2014 Opinion or Order Filing 179 ORDER granting #176 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Paul A. Engelmayer on 8/4/2014) (cd)
August 1, 2014 Filing 178 MEMORANDUM OF LAW in Support re: #169 MOTION to Dismiss Amended Motion to Dismiss Amended Complaint Rule 12(b)(f), FRCP Lack of Subject Matter Jurisdiction. . Document filed by Preferred Fragrance, Inc.. (Wales, Elliot)
August 1, 2014 Filing 177 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated August 1, 2014 re: Ezriel Polatsek's Request for Leave to File Excess Pages. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
August 1, 2014 Filing 176 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Steven A. Weg dated 8/1/14. Document filed by Ezriel Polatsek.(Weg, Steven)
July 30, 2014 Filing 175 MEMORANDUM OF LAW in Opposition re: #167 MOTION to Dismiss Amended Complaint Rule 12(b)(f), FRCPLack of Subject Matter Jurisdiction., #159 MOTION Motion for Rule 60(b) FRCP relief from mistake of the Court's opinion of July 10, 2014 ., #170 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
July 30, 2014 Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/30/2014 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)
July 30, 2014 Filing 173 TRANSCRIPT of Proceedings re: HEARING held on 6/30/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Linda Fisher, (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 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 10/31/2014.(McGuirk, Kelly)
July 24, 2014 Filing 172 DECLARATION of Steven A. Weg in Support re: #170 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Ezriel Polatsek. (Attachments: #1 Exhibit A- Amended and Restated Limited Liability Company Agreement, #2 Exhibit B- Uni-World Website, #3 Exhibit C- Ezriel Polatsek Deposition)(Weg, Steven)
July 24, 2014 Filing 171 MEMORANDUM OF LAW in Support re: #170 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Ezriel Polatsek. (Weg, Steven)
July 24, 2014 Filing 170 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Ezriel Polatsek. Responses due by 7/30/2014(Weg, Steven)
July 24, 2014 Filing 169 MOTION to Dismiss Amended Motion to Dismiss Amended Complaint Rule 12(b)(f), FRCP Lack of Subject Matter Jurisdiction. Document filed by Preferred Fragrance, Inc..(Wales, Elliot)
July 24, 2014 Filing 168 MEMORANDUM OF LAW in Support re: #167 MOTION to Dismiss Amended Complaint Rule 12(b)(f), FRCPLack of Subject Matter Jurisdiction. . Document filed by Ezriel Polatsek. (Wales, Elliot)
July 24, 2014 Filing 167 MOTION to Dismiss Amended Complaint Rule 12(b)(f), FRCPLack of Subject Matter Jurisdiction. Document filed by Ezriel Polatsek.(Wales, Elliot)
July 21, 2014 Opinion or Order Filing 166 OPINION & ORDER #104529 re: #159 MOTION Motion for Rule 60(b) FRCP relief from mistake of the Court's opinion of July 10, 2014 . filed by Ezriel Polatsek, #143 MOTION to Amend/Correct #32 Amended Complaint,, . filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. Before the Court is plaintiffs' motion for leave to amend their Amended Complaint. For the reasons set forth within, that motion is granted as to plaintiffs' applications to add Count 10, for breach of contract, against Ezriel Polatsek; to add Count 13, for unjust enrichment, against Abraham Polatsek, Ouleaf, Qian Liu, and Onlyou; and to amend the Amended Complaint's factual allegations. In all other respects, the motion is denied. (See Order) (Signed by Judge Paul A. Engelmayer on 7/21/2014) (ajs) Modified on 7/23/2014 (ca).
July 21, 2014 Opinion or Order Filing 165 MEMO ENDORSED ORDER denying #164 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Defendants' request is denied. Defendants have represented that they intend to move to dismiss on the same jurisdictional grounds on which Ezriel Polatsek bases his Rule 60(b) motion to dissolve the injunction. Dkt. 160 at 8. Accordingly, those motions ought to be briefed, and decided, together. Defendants also represented, on Friday, July 18, 2014, that they intended to file the motion to dismiss "[w]ithin the week." Defendants cannot, therefore, reasonably complain that this Court's scheduling order, which directs them to file that motion by Thursday, July 24, 2014, no more than one day earlier than they had intended, is overly burdensome. Therefore, the scheduling order at docket number 161 remains in place. The Court intends to issue a decision on plaintiff's motion for leave to file a second amended complaint today. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/21/2014) (ajs)
July 20, 2014 Filing 164 LETTER MOTION for Extension of Time to File Response/Reply as to #161 Order, Set Deadlines,,,, addressed to Judge Paul A. Engelmayer from Elliot Wales, Esq. dated July 20 2014. Document filed by Ezriel Polatsek.(Wales, Elliot)
July 18, 2014 Opinion or Order Filing 163 MEMO ENDORSEMENT on re: #162 Letter filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: Plaintiffs' request is denied. The scheduling order at docket number 161 remains in place. Plaintiffs are at liberty to make these same procedural arguments in their opposition to the Rule 60(b) motion and the motion to dismiss. For avoidance of doubt, the preliminary injunction issued against Ezriel Polatsek on July 10, 2014, see Dkt. 156, will be in full effect unless and until any order of this Court states otherwise. (Signed by Judge Paul A. Engelmayer on 7/18/2014) (ajs)
July 18, 2014 Filing 162 LETTER addressed to Judge Paul A. Engelmayer from Jonathan L. Hochman dated July 18, 2014 re: July 18 Order. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
July 18, 2014 Opinion or Order Filing 161 ORDER: As set forth within the Court wishes to resolve this issue expeditiously. Accordingly, defendants are directed to file any motion to dismiss the Amended Complaint on jurisdictional grounds by Thursday, July 24, 2014. Plaintiffs are directed to file a single opposition to the Rule 60(b) and the motion to dismiss by Wednesday, July 30, 2014. Defendants' reply in support of the Rule 60(b) motion and the motion to dismiss will be due Monday, August 4, 2014. If the Court determines that it has jurisdiction, it will direct the parties to meet and confer in a second attempt to reach agreement on the amount of reasonable fees incurred in obtaining the preliminary injunction. (Signed by Judge Paul A. Engelmayer on 7/18/2014) (ajs)
July 18, 2014 Filing 160 MEMORANDUM OF LAW in Support re: #159 MOTION Motion for Rule 60(b) FRCP relief from mistake of the Court's opinion of July 10, 2014 . . Document filed by Ezriel Polatsek. (Wales, Elliot)
July 18, 2014 Filing 159 MOTION Motion for Rule 60(b) FRCP relief from mistake of the Court's opinion of July 10, 2014 . Document filed by Ezriel Polatsek.(Wales, Elliot)
July 18, 2014 Filing 158 NOTICE of Ezriel Pokatsek MotionRule60(b), FRCP. Document filed by Ezriel Polatsek. (Wales, Elliot)
July 18, 2014 Filing 157 NOTICE OF APPEARANCE by Elliot Wales on behalf of Ezriel Polatsek. (Wales, Elliot)
July 10, 2014 Opinion or Order Filing 156 OPINION & ORDER 104492 re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. For the foregoing reasons, the Court preliminarily enjoins Ezriel Polatsek from violating the non-compete agreements contained in the APA and the Employment Agreement, and grants plaintiffs reasonable fees incurred in obtaining this preliminary injunction. Counsel are directed to meet and confer by Wednesday, July 16, 2014 to discuss the calculation of reasonable fees. Counsel are directed to submit a joint letter to the Court by July 18, 2014 reporting whether they have reached agreement on the amount of such fees. If they have not, the Court will promptly set a highly expedited schedule for briefing on that issue. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 113. (Signed by Judge Paul A. Engelmayer on 7/10/2014) (ajs) Modified on 7/10/2014 (nt). Modified on 7/11/2014 (ajs).
June 30, 2014 Filing 155 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated 6/30/14 re: Use of Electronic Devices for Hearing. Document filed by Ezriel Polatsek.(Weg, Steven)
June 30, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Evidentiary Hearing held on 6/30/2014. The Court's decision is reserved. (Court Reporter Linda Fisher) (Hummel, June)
June 27, 2014 Filing 154 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #143 MOTION to Amend/Correct #32 Amended Complaint,, . Sur-Reply in Further Opposition Filed Pursuant to Court Order (Document 149). Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Weg, Steven)
June 27, 2014 Filing 153 MEMO ENDORSEMENT on #152 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 6/27/2014) (cd)
June 26, 2014 Filing 152 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated June 26, 2014 re: Request for Permission to Use Electronic Devices During June 30, 2014 Hearing. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
June 26, 2014 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/11/14 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...(Rodriguez, Somari)
June 26, 2014 Filing 150 TRANSCRIPT of Proceedings re: HEARING held on 6/11/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Patricia Nilsen, (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 7/21/2014. Redacted Transcript Deadline set for 7/31/2014. Release of Transcript Restriction set for 9/29/2014.(Rodriguez, Somari)
June 26, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Evidentiary Hearing held on 6/26/2014. Hearing to continue on June 30, 2014 at 9:30 a.m. (Court Reporter Michael McDaniel) (Hummel, June)
June 23, 2014 Opinion or Order Filing 149 ORDER terminating #147 Motion to Strike. For the reasons set forth within the Court will not strike any part of plaintiffs' reply. After seeing that defendants' opposition raised issues of substance, the Court intentionally declined to limit the length of plaintiffs' reply. The Court will, however, permit defendants to file a sur-reply, due June 27, 2014, without setting a limit as to length. The Court does not invite further briefing. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 147. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/23/2014) (ajs)
June 23, 2014 Filing 148 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated June 23, 2014 re: Opposition to Defendant Ezriel Polatsek's Request to Strike Portion of Plaintiffs' Reply Memorandum of Law in Support of Motion to Amend. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
June 23, 2014 Filing 147 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Strike Document No. #146 . Document filed by Ezriel Polatsek.(Weg, Steven) Modified on 6/24/2014 (ldi).
June 23, 2014 Set/Reset Deadlines: Surreplies due by 6/27/2014. (ajs)
June 20, 2014 Filing 146 REPLY MEMORANDUM OF LAW in Support re: #143 MOTION to Amend/Correct #32 Amended Complaint,, . . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
June 16, 2014 Filing 145 DECLARATION of Karen M. Steel in Support re: #143 MOTION to Amend/Correct #32 Amended Complaint,, .. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit 1 to Declaration (Proposed Second Amended Complaint), #2 Exhibit A to Proposed Second Amended Complaint, #3 Exhibit B to Proposed Second Amended Complaint, #4 Exhibit C to Proposed Second Amended Complaint, #5 Exhibit D to Proposed Second Amended Complaint, #6 Exhibit E to Proposed Second Amended Complaint, #7 Exhibit F to Proposed Second Amended Complaint, #8 Exhibit G to Proposed Second Amended Complaint, #9 Exhibit H to Proposed Second Amended Complaint, #10 Exhibit 2 to Declaration)(Steel, Karen)
June 16, 2014 Filing 144 MEMORANDUM OF LAW in Support re: #143 MOTION to Amend/Correct #32 Amended Complaint,, . . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
June 16, 2014 Filing 143 MOTION to Amend/Correct #32 Amended Complaint,, . Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
June 16, 2014 Opinion or Order Filing 142 ORDER: On June 10, 2014, the Court issued an order directing that, by June 13, 2014, (1) defendants were to file any opposition to plaintiffs' motion for leave to amend, and (2) defendants or non-parties were to file any explanation as to why any portions of the Proposed Second Amended Complaint should be redacted. Dkt. 135. On June 13, 2014, defendants filed their opposition to plaintiffs' motion for leave to amend the Amended Complaint. Dkt. 141. The Court directs plaintiffs to reply by June 20, 2014. Upon review of the papers, the Court will determine whether to invite a sur-reply from defendants. (Signed by Judge Paul A. Engelmayer on 6/16/2014) (ajs)
June 13, 2014 Filing 141 MEMORANDUM OF LAW in Opposition re: #135 Order, Set Deadlines,, . Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Weg, Steven)
June 11, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Preliminary Injunction hearing held on 6/11/2014, evidence taken and hearing to continue on June 26, 2014 at 9:00 a.m. (Court Reporter Patricia Nilsen) (Hummel, June)
June 10, 2014 Opinion or Order Filing 140 IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned Uniworld v. Preferred, No. 13-7204 (PAE). The dates for which such authorization is provided are June 11, 2014 and June 26, 2014. Robert L. Rimberg, Esq. - laptop and iPad. Steven A. Weg, Esq. - laptop. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/10/2014) (ajs)
June 10, 2014 Opinion or Order Filing 139 IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned Uniworld v. Preferred, No. 13-7204 (PAE). The dates for which such authorization is provided are June 11, 2014 and June 26, 2014. Jonathan Hochman, Esq. - laptop and iPad. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/10/2014) (ajs)
June 10, 2014 Filing 138 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/22/14 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...(Rodriguez, Somari)
June 10, 2014 Filing 137 TRANSCRIPT of Proceedings re: MOTION held on 5/22/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Vincent Bologna, (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 7/7/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014.(Rodriguez, Somari)
June 10, 2014 Filing 136 AFFIDAVIT OF SERVICE of June 9, 2014 Order served on All Relevant Non-Parties on June 10, 2014. Service was made by Mail. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
June 10, 2014 Opinion or Order Filing 135 ORDER: By June 13,2014, defendants shall file any opposition to plaintiffs' motion for leave to amend the Complaint, which shall not exceed 5 pages double-spaced and as further set forth within. (See Order) (Signed by Judge Paul A. Engelmayer on 6/9/2014) (ajs)
June 9, 2014 Opinion or Order Filing 134 MEMO ENDORSEMENT on re: #130 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/9/2014) (ajs)
June 9, 2014 Opinion or Order Filing 133 MEMO ENDORSEMENT on re: #131 Letter filed by Ezriel Polatsek. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/9/2014) (ajs)
June 9, 2014 Filing 132 LETTER addressed to Judge Paul A. Engelmayer from H. Elliot Wales dated 6/9/2014 re: Court should defer preliminary injunction hearing. (ajs)
June 6, 2014 Filing 131 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated June 6, 2014 re: use of electronic devices for hearing. Document filed by Ezriel Polatsek.(Weg, Steven)
June 6, 2014 Filing 130 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated June 6, 2014 re: Request for Permission to Use Electronic Devices During June 11 and June 26, 2014 Hearings. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
May 28, 2014 Filing 129 RULE 26 DISCLOSURE.Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Attachments: #1 Certificate of Service for Preferred Fragrance Defendants' Rule 26(a)(1) Initial Disclosures)(Buckey, Christopher)
May 27, 2014 Filing 128 RULE 26 DISCLOSURE.Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
May 22, 2014 Filing 127 ANSWER to #112 Counterclaim. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
May 22, 2014 Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/13/14 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...(Rodriguez, Somari)
May 22, 2014 Filing 125 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/13/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Thomas Murray, (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 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari)
May 22, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Motion Hearing held on 5/22/2014 re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P.. The Court heard oral argument on the Preliminary Injunction Motion (Doc. 113). Court's decision reserved. The Court scheduled the preliminary injunction hearing to begin on June 11, 2014 at 9:00 a.m., the hearing may continue on June 26 and June 27 if necessary. (Court Reporter Vincent Bologna) (Hummel, June)
May 21, 2014 Filing 124 AFFIDAVIT of Glenn Palmer in Support re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
May 21, 2014 Filing 123 DECLARATION of Karen M. Steel in Support re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit II, #2 Exhibit JJ, #3 Exhibit KK, #4 Exhibit LL, #5 Exhibit MM)(Steel, Karen)
May 21, 2014 Filing 122 REPLY MEMORANDUM OF LAW in Support re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. (Redacted). Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
May 15, 2014 Filing 121 DECLARATION of Steven A. Weg in Opposition re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek.. Document filed by Ezriel Polatsek. (Weg, Steven)
May 15, 2014 Filing 120 DECLARATION of Ezriel Polatsek in Opposition re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek.. Document filed by Ezriel Polatsek. (Weg, Steven)
May 15, 2014 Filing 119 MEMORANDUM OF LAW in Opposition re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. (Redacted). Document filed by Ezriel Polatsek. (Weg, Steven)
May 13, 2014 Opinion or Order Filing 118 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motion and trial. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 days. Deposition due by 11/10/2014. Fact Discovery due by 9/10/2014. Expert Discovery due by 11/10/2014. Case Management Conference set for 10/24/2014 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 5/13/2014) (ajs)
May 13, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 5/13/2014. Civil case management plan and scheduling order submitted for the Court's approval. Next PTC/PMC scheduled for October 24, 2014 at 10:00 a.m. (Court Reporter Thomas W. Murray) (Hummel, June)
May 8, 2014 Filing 117 JOINT LETTER addressed to Judge Paul A. Engelmayer from All Counsel dated May 8, 2014 re: Joint Initial Pretrial Letter. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Steel, Karen)
May 2, 2014 Opinion or Order Filing 116 ORDER: On May 1, 2014, plaintiffs moved for a preliminary injunction enjoining Ezriel Polatsek from competing with the business of Fragrance Acquisitions, LLC. Dkts. 113-115. Polatsek's opposition is due May 15,2014. Plaintiffs' reply is due May 21,2014. The Court will hear argument on May 22, 2014, at 1 p.m. Set Deadlines/Hearing as to #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. ( Responses due by 5/15/2014. Replies due by 5/21/2014. Motion Hearing/Argument set for 5/22/2014 at 01:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/2/2014) (cd)
May 1, 2014 Filing 115 DECLARATION of Karen M. Steel in Support re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (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 Exhibit 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)(Steel, Karen)
May 1, 2014 Filing 114 MEMORANDUM OF LAW in Support re: #113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. (Redacted). Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
May 1, 2014 Filing 113 MOTION for Preliminary Injunction Against Defendant Ezriel Polatsek. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
May 1, 2014 Filing 112 AMENDED ANSWER to #32 Amended Complaint,,., COUNTERCLAIM against Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, Ezriel Polatsek. Document filed by Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, Ezriel Polatsek. (Attachments: #1 Exhibit Exhibits A-H, #2 Certificate of Service)(Quinlan, Emily)
May 1, 2014 Filing 111 MEMO ENDORSEMENT on #110 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSMENT: Plaintiffs may renew their motion for a preliminary injunction. However, pursuant to Individual Rule 4.B, and in the interests of transparency, plaintiffs are not to file the entirety of their motions papers under seal. Instead, plaintiffs are to file redacted motion papers on ECF; serve defendants with redacted and unredacted motion papers; and send the Court two copies of redacted and unredacted motion papers. The Court will then inform plaintiffs whether to file unredacted motion papers on ECF. (Signed by Judge Paul A. Engelmayer on 5/11/2014) (cd)
May 1, 2014 Filing 110 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated May 1, 2014 re: Order Permitting Plaintiffs to File Under Seal. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A)(Steel, Karen)
April 17, 2014 Filing 109 NOTICE OF APPEARANCE by Christopher William Meyer on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Meyer, Christopher)
April 14, 2014 Filing 108 ANSWER to #74 Counterclaim. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
April 11, 2014 Filing 107 MEMO ENDORSEMENT on #106 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: The Court grants the parties' request for an adjournment. The Court has a trial beginning on May 5, 2014. Accordingly, the Court will hold the conference on May 13, 2014, at 9 a.m. The Submissions are due May 8, 2014. (Initial Conference reset for 5/13/2014 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/11/2014) (cd)
April 11, 2014 Filing 106 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated 04/11/2014 re: Initial Pretrial Conference. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
April 11, 2014 Opinion or Order Filing 105 ORDER: Accordingly, by May 1, 2014, the Counterclaiming Defendants shall either amend their counterclaims or file an opposition to plaintiffs' motion to dismiss the fourth counterclaim. No further opportunities to amend will be granted, and as further set forth in this document. Finally, it appears to the Court that plaintiffs have not filed an answer to the remaining counterclaims. Plaintiffs are directed to answer the counterclaims by Monday, Apri1 14, 2014. Uni-World Capital AIV, L.P. answer due 4/14/2014; Uni-World Capital, L.P. answer due 4/14/2014.( Amended Counterclaims due by 5/1/2014. Responses due by 5/1/2014) (Signed by Judge Paul A. Engelmayer on 4/11/2014) (cd)
April 10, 2014 Filing 104 MEMORANDUM OF LAW in Support re: #103 MOTION to Dismiss the Preferred Defendants' Fourth Counterclaim.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
April 10, 2014 Filing 103 MOTION to Dismiss the Preferred Defendants' Fourth Counterclaim. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
April 8, 2014 Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/14/14 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...(Rodriguez, Somari)
April 8, 2014 Filing 101 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/14/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Tara Jones, (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 5/2/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/10/2014.(Rodriguez, Somari)
April 3, 2014 Filing 100 MEMO ENDORSEMENT on #96 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: The Court received this letter via ECF yesterday, April2, 2014, at 3:46p.m., at which time it was presiding over a criminal trial. Later that evening, the Court received responses from Ezriel Polatsek, Dkt. 97; Exceed, LLC, Dkt. 98; and Ouleaf, Inc., Dkt. 99. The Court will accept defendants' designation of documents as Attorneys' Eyes Only for the purpose of this emergency discovery in aid of preliminary relief. The parties may revisit the validity of these designations when this case proceeds to merits discovery. The Court notes that counsel appear not to have fully attempted to resolve this dispute through a properly thorough meet-and-confer session before bringing it to the Court's attention. Before bringing this issue to the Court's attention in connection with merits discovery, counsel are to meet and confer, in person, for at least two hours, to attempt to resolve these issues. Plaintiffs also assert that Ezriel Polatsek has failed to produce all of the travel documents that are responsive to the subpoena that was served on him, and that Ouleaf has failed to produce all of the em ails between Abraham Polatsek and customers that are responsive to the subpoena that was served on it. Polatsek and Ouleaf, however, represent to the Court that they have produced all such responsive documents. Dkts. 97, 99. In depositions, plaintiffs are at liberty to test their claim of an inadequate production, by inquiring into the means by which responsive documents were identified. For the time being, however, there appears to be no crystallized dispute for the Court to resolve. The Court once again admonishes counsel to ensure that they have fully attempted to resolve any discovery disputes collegially before bringing them to the Court's attention (Signed by Judge Paul A. Engelmayer on 4/3/2014) (cd)
April 2, 2014 Filing 99 REPLY re: #96 Letter,. Document filed by Ouleaf, Inc.. (Attachments: #1 Exhibit A, #2 Errata B)(Eisenberger, Seth)
April 2, 2014 Filing 98 REPLY re: #96 Letter,. Document filed by Exceed LLC. (Fleischmann, Jeffrey)
April 2, 2014 Filing 97 RESPONSE re: #96 Letter,. Document filed by Ezriel Polatsek. (Weg, Steven)
April 2, 2014 Filing 96 LETTER addressed to Judge Paul A. Engelmayer from Jonathan L. Hochman dated April 2, 2014 re: Discovery Issues. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hochman, Jonathan)
March 28, 2014 Opinion or Order Filing 95 ORDER re #94 Letter Motion for Extension of Time. Denied. Discovery is to proceed as ordered. (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd)
March 28, 2014 Filing 94 EMERGENCY LETTER MOTION for Extension of Time for discovery or mooting the need for discovery for expedited discovery addressed to Judge Paul A. Engelmayer from Steven A. Weg dated 3/28/14. Document filed by Ezriel Polatsek.(Weg, Steven)
March 28, 2014 Opinion or Order Filing 93 ORDER re #89 Motion to Quash; re #91 Motion to Quash. As to the Exceed subpoena, the Court quashes the demand for production of items 13 and 14 as unnecessary and overbroad given the narrow issue implicated by the pending request for emergency relief. As to the Ouleaf subpoena, the Court similarly quashes the demands for items 11 through 15, and orders that the demand for items 16 through 26 be limited to provide for the production only of those documents that reflect work or activity by or on behalf of Abraham or Ezriel Polatsek. This order is, of course, without prejudice to plaintiffs' right to seek a broader production of documents in this litigation. Exceed and Ouleaf shall produce non-privileged documents that are responsive to their respective subpoenas, as modified by this order, by no later than 5 p.m. today, March 28, 2014. To the extent Exceed or Ouleaf reasonably believes that certain documents contain proprietary information, those must be produced, but they may be designated as "Confidential/ Attorneys' Eyes Only" and are to be reviewed solely by counsel, not by any party, pending further order of the Court. The Clerk of Court is directed to terminate the motions pending at docket numbers 91 and 92. (motion #89 terminated, as per chambers). (Signed by Judge Paul A. Engelmayer on 3/28/2014) (cd)
March 28, 2014 Filing 92 LETTER addressed to Judge Paul A. Engelmayer from Jonathan L. Hochman dated March 28, 2014 re: Exceed and Ouleaf Motions to Quash. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hochman, Jonathan)
March 28, 2014 Filing 91 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION to Quash Subpoena of Ouleaf. Document filed by Ouleaf, Inc., Abraham Polatsek. (Attachments: #1 Exhibit A, #2 Exhibit B)(Eisenberger, Seth) Modified on 3/31/2014 (db).
March 28, 2014 Filing 90 NOTICE OF APPEARANCE by Seth Eisenberger on behalf of Ouleaf, Inc., Abraham Polatsek. (Eisenberger, Seth)
March 27, 2014 Filing 89 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Quash Subpoena of Exceed LLC. Document filed by Exceed LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Fleischmann, Jeffrey) Modified on 3/28/2014 (ldi).
March 26, 2014 Filing 88 AFFIDAVIT OF SERVICE of March 26, 2014 Order served on All Relevant Non-Parties on 2/26/2014. Service was made by Mail. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
March 26, 2014 Opinion or Order Filing 87 ORDER: The Court has now received a number of letters from the parties, and from non-parties Exceed, LLC ("Exceed") and Ouleaf, Inc. ("Ouleaf'), in regards to plaintiffs' subpoenas and the timing of certain depositions. See Dkts. 79, 81, 82, 84, 85. Accordingly, the alternative date that the Court had identified for the Ezriel Polatsek deposition-tomorrow, Thursday, March 27, 2014-is unworkable. Ezriel Polatsek's deposition will therefore go forward as originally scheduled, on April 3, 2014, and as further set forth in this document. The Court directs plaintiffs to serve this order immediately on all relevant non-parties, both by conventional means and by email if available, and to file a notification of such service on ECF. (Signed by Judge Paul A. Engelmayer on 3/26/2014) (cd)
March 26, 2014 Filing 86 NOTICE OF APPEARANCE by Elliot Wales on behalf of Preferred Fragrance, Inc.. (Wales, Elliot)
March 26, 2014 Filing 85 LETTER addressed to Judge Paul A. Engelmayer from Seth Eisenberger dated March 26, 2014 re: Subpoenas Served Upon Ouleaf, Inc. and Abraham Polatsek. Document filed by Ouleaf, Inc., Abraham Polatsek.(Eisenberger, Seth)
March 26, 2014 Filing 84 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated March 26, 2014 re: Response to March 25, 2014 Letter from Jeffrey Fleischmann. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A)(Steel, Karen)
March 26, 2014 Filing 83 NOTICE OF APPEARANCE by Jeffrey Fleischmann on behalf of Exceed LLC. (Fleischmann, Jeffrey)
March 25, 2014 Filing 82 LETTER addressed to Judge Paul A. Engelmayer from Jeffrey Fleischmann dated March 25, 2014 re: Plaintiffs' Letter Concerning Certain Subpoenas, Dated March 25, 2014. Document filed by Exceed LLC.(Fleischmann, Jeffrey)
March 25, 2014 Filing 81 LETTER addressed to Judge Paul A. Engelmayer from Steven A. Weg dated March 25, 2014 re: Docket #79-80. Document filed by Ezriel Polatsek.(Weg, Steven)
March 25, 2014 Opinion or Order Filing 80 MEMO ENDORSEMENT on #79 Letter, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: The Court directs defendants to respond by noon tomorrow, March 26, 2014. Before then, the parties shall also confer, by phone or in person, as to whether they can agree on a date for Ezriel Polatsek's deposition. In the event responsive documents are not timely produced, the date the Court had identified as a possible date for the Ezriel Polatsek deposition (March 27, 2014) will perforce be unworkable, and the Court will be compelled to order that that deposition go forward on April 3, 2014. (Signed by Judge Paul A. Engelmayer on 3/25/2014) (cd)
March 25, 2014 Filing 79 LETTER addressed to Judge Paul A. Engelmayer from Jonathan L. Hochman dated March 25, 2014 re: Expedited Discovery Schedule. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Hochman, Jonathan)
March 21, 2014 Opinion or Order Filing 78 ORDER denying #77 Letter Motion for Extension of Time. The application is denied. The deposition is to go forward on April 3, 2014. Should Mr. Polatsek wish to avoid disturbing his travel plans, the deposition may, at his election, alternatively go forward on March 27, 2014. If Mr. Polatsek wishes to reschedule his deposition for this date, his counsel must so notify plaintiff's counsel by Monday, March 24, 2014, in writing. In the event of obstructive conduct or other action that inhibits a full deposition from occurring on March 27, 2014, the Court will direct that the deposition continue on April 3, 2014. (Signed by Judge Paul A. Engelmayer on 3/21/2014) (ft)
March 21, 2014 Filing 77 LETTER MOTION for Extension of Time for deposition of Ezriel Polatsek addressed to Judge Paul A. Engelmayer from Steven A. Weg dated March 21, 2014. Document filed by Ezriel Polatsek.(Weg, Steven)
March 21, 2014 Set/Reset Deadlines: Deposition due by 4/3/2014. (ft)
March 20, 2014 Filing 76 ANSWER to #32 Amended Complaint,,. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein.(Scharf, Yehuda)
March 20, 2014 Filing 75 CERTIFICATE OF SERVICE of Rule 7.1 Statement, Answer and Counterclaims served on UNI-World Capital, L.P., Uni-World Capital AIV, L.P., Fragrance Holdings, LLC, Fragrance Acquisitions, LLC, Bent Philipson, Benjamin Landa and Joseph Rubenstein on March 20, 2014. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Buckey, Christopher)
March 20, 2014 Filing 74 ANSWER to #32 Amended Complaint,,., COUNTERCLAIM against All Plaintiffs. Document filed by Harry Polatsek, Ezriel Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Buckey, Christopher)
March 20, 2014 Filing 73 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Buckey, Christopher)
March 18, 2014 Filing 72 MEMO ENDORSEMENT granting #69 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney James Sottile, IV; Paul Lewis Shechtman and Noah David Solowiejczyk terminated. (Signed by Judge Paul A. Engelmayer on 3/18/2014) (tn)
March 18, 2014 Filing 71 CERTIFICATE OF SERVICE of Notice of Motion to Withdraw as Counsel and Declaration Pursuant to Local Rule 1.4 served on Preferred Fragrance, Inc.; Harry Polatsek; Ezriel Polatsek; Sarah Polatsek on 3/18/2014. Service was made by MAIL. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
March 18, 2014 Filing 70 DECLARATION of James Sottile in Support re: #69 MOTION for James Sottile, Paul Shechtman, and Noah Solowiejczyk to Withdraw as Attorney for Defendants Preferred Fragrance, Inc., Harry Polatsek, Ezriel Polatsek, and Sarah Polatsek.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
March 18, 2014 Filing 69 MOTION for James Sottile, Paul Shechtman, and Noah Solowiejczyk to Withdraw as Attorney for Defendants Preferred Fragrance, Inc., Harry Polatsek, Ezriel Polatsek, and Sarah Polatsek. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Sottile, James)
March 14, 2014 Opinion or Order Filing 68 ORDER: The Court today issued an opinion from the bench denying without prejudice plaintiffs' petition for a temporary restraining order and preliminary injunction barring Ezriel Polatsek from violating the non-compete agreements contained in the Asset Purchase Agreement and Employment Agreement. The Court also authorized early discovery in relation to the petition. This Order incorporates by reference the Court's reasoning and ruling as given from the bench. (Signed by Judge Paul A. Engelmayer on 3/14/2014) (cd)
March 14, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Scheduling Conference held on 3/14/2014. Court's ruling placed on the record regarding discovery disputes. The Court will issue an order. (Court Reporter Tara Jones) (Hummel, June)
March 12, 2014 Filing 67 DECLARATION of Anthony J. Hatab in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,,. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A)(Steel, Karen)
March 12, 2014 Filing 66 DECLARATION of Karen M. Steel in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,,. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steel, Karen)
March 12, 2014 Filing 65 REPLY MEMORANDUM OF LAW in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,, Plaintiffs' Reply Memorandum of Law in Support of Their Motion for a Preliminary Injunction Against Defendant Ezriel Polatsek. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
March 11, 2014 Filing 64 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction against Defendant Ezriel Polatsek. Document filed by Ezriel Polatsek. (Weg, Steven)
March 11, 2014 Filing 63 DECLARATION of Ezriel Polatsek in Opposition re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,,. Document filed by Ezriel Polatsek. (Attachments: #1 Supplement Certificate of service)(Weg, Steven)
March 11, 2014 Filing 62 NOTICE OF APPEARANCE by Robert L. Rimberg on behalf of Ezriel Polatsek. (Rimberg, Robert)
March 10, 2014 Filing 61 NOTICE OF APPEARANCE by Steven Andrew Weg on behalf of Ezriel Polatsek. (Weg, Steven)
March 10, 2014 Filing 60 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on All Defendants on 3/10/14. Service was made by Mail. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
March 10, 2014 Filing 59 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/18/2014 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 3/10/2014) (cd)
March 6, 2014 Opinion or Order Filing 58 OPINION & ORDER 104031 re: #34 MOTION to Dismiss or Stay filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #37 MOTION to Dismiss filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 34 and 37. As announced at the conclusion of argument on these motions, the Court will hold an initial pretrial conference with the parties on April 18, 2014, at 3:30 p.m. The Court will issue a separate order regarding that conference. (Signed by Judge Paul A. Engelmayer on 3/6/2014) (lmb) Modified on 3/7/2014 (nt).
March 6, 2014 Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 2/26/2014 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)
March 6, 2014 Filing 56 TRANSCRIPT of Proceedings re: ARGUMENT held on 2/26/2014 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Paula Speer, (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 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/9/2014.(McGuirk, Kelly)
March 6, 2014 Set/Reset Hearings: Initial Conference set for 4/18/2014 at 03:30 PM before Judge Paul A. Engelmayer. (lmb)
March 4, 2014 Filing 55 AFFIDAVIT of Glenn Palmer in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,,. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steel, Karen)
March 4, 2014 Filing 54 DECLARATION of Karen M. Steel in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,,. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Steel, Karen)
March 4, 2014 Filing 53 MEMORANDUM OF LAW in Support re: #52 Order, Set Motion and R&R Deadlines/Hearings,,,, Plaintiffs' Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction Against Defendant Ezriel Polatsek. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
March 3, 2014 Opinion or Order Filing 52 ORDER re plaintiffs' application for a temporary restraining order and preliminary injunction to prevent Ezriel Polatsek from competing with the business of Preferred Fragrance, Inc., in alleged violation of the Asset Purchase Agreement. The Court declines to grant plaintiffs' application for interim relief. ( Responses due by 3/10/2014. Replies due by 3/12/2014. Motion Hearing set for 3/14/2014 at 11:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/3/2014) (cd)
February 26, 2014 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 2/26/2014 re: #43 Memorandum of Law in Opposition to Motion filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P., #36 Declaration in Support of Motion, filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #34 MOTION to Dismiss or Stay. filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #38 Memorandum of Law in Support of Motion filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein, #42 Certificate of Service Other, filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein, #44 Declaration in Opposition to Motion, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P., #47 Reply Memorandum of Law in Support of Motion filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #37 MOTION to Dismiss. filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein, #40 Certificate of Service Other, filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #35 Memorandum of Law in Support of Motion filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #48 Reply Memorandum of Law in Support of Motion filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein, #39 Declaration in Support of Motion, filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein. The Court will issue a written decision shortly. A pretrial conference is scheduled for April 18, 2014 at 3:30 p.m. (Court Reporter Paula Speer) (Hummel, June)
February 24, 2014 Filing 51 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of the Preferred Fragrance Defendants' Motion to Dismiss or Stay served on Solomon Tyrnauer on February 24, 2014. Service was made by Mail. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
February 24, 2014 Filing 50 CERTIFICATE OF SERVICE of Notice of Appearance on February 24, 2014. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Quinlan, Emily)
February 24, 2014 Filing 49 NOTICE OF APPEARANCE by Emily Perks Quinlan on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Quinlan, Emily)
February 21, 2014 Filing 48 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss.. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Scharf, Yehuda)
February 21, 2014 Filing 47 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss or Stay.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
February 18, 2014 Filing 46 MEMO ENDORSEMENT on re: #45 Letter filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. ENDORSEMENT: The Court will hold argument on defendants' motion to dismiss or stay on February 26, 2014 at 2 p.m. (Signed by Judge Paul A. Engelmayer on 2/18/2014) (djc)
February 18, 2014 Set/Reset Hearings: Oral Argument set for 2/26/2014 at 02:00 PM before Judge Paul A. Engelmayer. (djc)
February 14, 2014 Filing 45 LETTER addressed to Judge Paul A. Engelmayer from Karen M. Steel dated 2/14/14 re: Request for Oral Argument. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P..(Steel, Karen)
February 14, 2014 Filing 44 DECLARATION of Karen M. Steel in Opposition re: #34 MOTION to Dismiss or Stay., #37 MOTION to Dismiss.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Steel, Karen)
February 14, 2014 Filing 43 MEMORANDUM OF LAW in Opposition re: #34 MOTION to Dismiss or Stay., #37 MOTION to Dismiss.. Document filed by Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P.. (Steel, Karen)
January 27, 2014 Filing 42 CERTIFICATE OF SERVICE of Defendant's Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, and the Declaration of Brett D. Dockwell served on Soloman Tyrnauer on 01/27/2014. Service was made by First Class Mail. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Dockwell, Brett)
January 27, 2014 Opinion or Order Filing 41 ORDER re: #34 MOTION to Dismiss or Stay. filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek, #37 MOTION to Dismiss. filed by Bent Philipson, Benjamin Landa, Joseph Rubenstein. On January 24, 2014, two sets of defendants filed separate motions to dismiss. Dkt 34, 37. Plaintiffs may not further amend their Amended Complaint without leave from the Court. Plaintiffs' oppositions to these two motions are due February 14, 2014. Defendants' replies are due February 21, 2014. ( Responses due by 2/14/2014, Replies due by 2/21/2014.) (Signed by Judge Paul A. Engelmayer on 1/27/2014) (djc)
January 27, 2014 Filing 40 CERTIFICATE OF SERVICE of Notice of Motion; Memorandum of in Support of the Preferred Fragrance Defendants' Motion to Dismiss or Stay; and Declaration of James Sottile in Support of the Preferred Fragrance Defendants' Motion to Dismiss or Stay served on Solomon Tyrnauer on January 27, 2014. Service was made by Mail. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Solowiejczyk, Noah)
January 24, 2014 Filing 39 DECLARATION of Brett D. Dockwell in Support re: #37 MOTION to Dismiss.. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (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)(Dockwell, Brett)
January 24, 2014 Filing 38 MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss.. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Dockwell, Brett)
January 24, 2014 Filing 37 MOTION to Dismiss. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein.(Dockwell, Brett)
January 24, 2014 Filing 36 DECLARATION of James Sottile in Support re: #34 MOTION to Dismiss or Stay.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sottile, James)
January 24, 2014 Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss or Stay.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
January 24, 2014 Filing 34 MOTION to Dismiss or Stay. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Sottile, James)
January 8, 2014 Filing 33 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. All Defendants. Service was made by Mail. Document filed by Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P., Fragrance Acquisitions, LLC. (Steel, Karen)
January 7, 2014 Filing 32 AMENDED COMPLAINT amending #1 Complaint, against Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Solomon Tyrnauer.Document filed by Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P., Fragrance Acquisitions, LLC. Related document: #1 Complaint, filed by Uni-World Capital AIV, L.P., Fragrance Acquisitions, LLC, Fragrance Holdings LLC, Uni-World Capital, L.P. (Attachments: #1 Exhibit)(mro)
December 19, 2013 Opinion or Order Filing 31 ORDER: that Plaintiffs' opposition to these motions is due January 7, 2014. Defendants' replies are due January 14, 2014. Set Deadlines/Hearing as to #27 MOTION to Dismiss, #23 MOTION to Stay and Motion to Dismiss: Responses due by 1/7/2014, Replies due by 1/14/2014. (Signed by Judge Paul A. Engelmayer on 12/18/2013) (tn)
December 18, 2013 Filing 30 CERTIFICATE OF SERVICE of Preferred Fragrance Defendants' Notice of Motion to Dismiss, Memorandum of Law in Support of Preferred Fragrance Defendants' Motion to Stay and Motion to Dismiss, and Declaration of James Sottile in Support of the Preferred Fragrance Defendants' Motion to Stay and Motion to Dismiss served on Solomon Tyrnauer on December 17, 2013. Service was made by Overnight Mail. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Solowiejczyk, Noah)
December 17, 2013 Filing 29 DECLARATION of Brett D. Dockwell in Support re: #27 MOTION to Dismiss.. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Attachments: #1 Exhibit A, #2 Exhibit B_1 of 2, #3 Exhibit B_ 2 of 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Scharf, Yehuda)
December 17, 2013 Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss.. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Scharf, Yehuda)
December 17, 2013 Filing 27 MOTION to Dismiss. Document filed by Benjamin Landa, Bent Philipson, Joseph Rubenstein.(Scharf, Yehuda)
December 17, 2013 Filing 26 NOTICE OF APPEARANCE by Yehuda David Scharf on behalf of Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Scharf, Yehuda)
December 17, 2013 Filing 25 DECLARATION of James Sottile in Support re: #23 MOTION to Stay and Motion to Dismiss.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sottile, James)
December 17, 2013 Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Stay and Motion to Dismiss.. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
December 17, 2013 Filing 23 MOTION to Stay and Motion to Dismiss. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Sottile, James)
December 17, 2013 Filing 22 NOTICE OF APPEARANCE by Brett D. Dockwell on behalf of Benjamin Landa, Bent Philipson, Joseph Rubenstein. (Dockwell, Brett)
December 6, 2013 Filing 21 MEMO ENDORSEMENT on re: #19 Letter, filed by Ezriel Polatsek, Preferred Fragrance, Inc., Harry Polatsek, Sarah Polatsek. ENDORSEMENT: Granted. The parties should not, however, expect a further extension of this deadline. (Signed by Judge Paul A. Engelmayer on 12/6/2013) (djc)
December 6, 2013 Set/Reset Deadlines: Ezriel Polatsek answer due 12/17/2013; Harry Polatsek answer due 12/17/2013; Sarah Polatsek answer due 12/17/2013; Preferred Fragrance, Inc. answer due 12/17/2013. (djc)
December 5, 2013 Filing 20 CERTIFICATE OF SERVICE of Letter Request Extending Time to Answer or Otherwise Respond to the Complaint served on Bent Philipson, Benjamin Landa and Joseph Rubenstein on December 5, 2013. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
December 5, 2013 Filing 19 LETTER addressed to Judge Paul A. Engelmayer from James Sottile dated December 5, 2013 re: Extension of Time to Answer or Otherwise Respond to the Complaint. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc..(Sottile, James)
December 5, 2013 Filing 18 CERTIFICATE OF SERVICE of Notice of Appearance served on Bent Philipson and Benjamin Landa on December 5, 2013. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Solowiejczyk, Noah)
December 5, 2013 Filing 17 NOTICE OF APPEARANCE by Noah David Solowiejczyk on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Solowiejczyk, Noah)
December 5, 2013 Filing 16 NOTICE OF APPEARANCE by Paul Lewis Shechtman on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Shechtman, Paul)
December 5, 2013 Filing 15 CERTIFICATE OF SERVICE of Notice of Appearance served on Bent Philipson and Benjamin Landa on December 5, 2013. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
December 5, 2013 Filing 14 NOTICE OF APPEARANCE by James Sottile, IV on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Sottile, James)
November 20, 2013 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul A. Engelmayer from Christopher E. Buckey, Esq. dated November 19, 2013. Granted. LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul A. Engelmayer from Christopher E. Buckey, Esq. dated November 19, 2013. Ezriel Polatsek answer due 12/6/2013; Harry Polatsek answer due 12/6/2013; Sarah Polatsek answer due 12/6/2013; Preferred Fragrance, Inc. answer due 12/6/2013. (Signed by Judge Paul A. Engelmayer on 11/19/2013) (ja)
November 19, 2013 Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Paul A. Engelmayer from Christopher E. Buckey, Esq. dated November 19, 2013. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Attachments: #1 Certificate of Service)(Buckey, Christopher)
November 19, 2013 Filing 11 CERTIFICATE OF SERVICE of Notice of Appearance of Christopher E. Buckey served on Plaintiffs and Defendants Philipson and Landa on November 19, 2013. Document filed by Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Buckey, Christopher)
November 19, 2013 Filing 10 NOTICE OF APPEARANCE by Christopher Edward Buckey on behalf of Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc.. (Buckey, Christopher)
November 1, 2013 Filing 9 AFFIDAVIT OF SERVICE. Joseph Rubenstein served on 10/24/2013, answer due 11/14/2013. Service was made by Mail. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 8 AFFIDAVIT OF SERVICE. Benjamin Landa served on 10/24/2013, answer due 11/14/2013. Service was made by Mail. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 7 AFFIDAVIT OF SERVICE. Bent Philipson served on 10/24/2013, answer due 11/14/2013. Service was made by Mail. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 6 AFFIDAVIT OF SERVICE. Solomon Tyrnauer served on 10/18/2013, answer due 11/8/2013. Service was accepted by Rachel Tyrnauer. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 5 AFFIDAVIT OF SERVICE. Ezriel Polatsek served on 11/1/2013, answer due 11/22/2013; Sarah Polatsek served on 11/1/2013, answer due 11/22/2013. Service was made by Mail. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 4 AFFIDAVIT OF SERVICE. Harry Polatsek served on 11/1/2013, answer due 11/22/2013. Service was made by Mail. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
November 1, 2013 Filing 3 AFFIDAVIT OF SERVICE. Preferred Fragrance, Inc. served on 10/18/2013, answer due 11/8/2013. Service was accepted by Cici Yang. Document filed by Fragrance Holdings LLC; Uni-World Capital AIV, L.P.; Uni-World Capital, L.P.; Fragrance Acquisitions, LLC. (Steel, Karen)
October 11, 2013 Opinion or Order Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (msa)
October 11, 2013 Filing 1 COMPLAINT against Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Solomon Tyrnauer. (Filing Fee $ 350.00, Receipt Number 465401078718)Document filed by Fragrance Holdings LLC, Uni-World Capital AIV, L.P., Uni-World Capital, L.P., Fragrance Acquisitions, LLC. (Attachments: #1 Exhibit A-B)(msa)
October 11, 2013 SUMMONS ISSUED as to Benjamin Landa, Bent Philipson, Ezriel Polatsek, Harry Polatsek, Sarah Polatsek, Preferred Fragrance, Inc., Joseph Rubenstein, Solomon Tyrnauer. (msa)
October 11, 2013 Magistrate Judge Gabriel W. Gorenstein is so designated. (msa)
October 11, 2013 Case Designated ECF. (msa)

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Search for this case: Uni-World Capital, L.P. et al v. Preferred Fragrance, Inc. et al
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Defendant: Solomon Tyrnauer
Represented By: Ira S. Lipsius
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Defendant: Sarah Polatsek
Represented By: Noah David Solowiejczyk
Represented By: Christopher Edward Buckey
Represented By: Ira S. Lipsius
Represented By: James Sottile, IV
Represented By: Emily Perks Quinlan
Represented By: Paul Lewis Shechtman
Represented By: Christopher William Meyer
Represented By: Phillip M. Manela
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Defendant: Abraham Polatsek
Represented By: Benjamin Daniel Liebowitz
Represented By: Alan Avery Heller
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Defendant: Harry Polatsek
Represented By: Noah David Solowiejczyk
Represented By: Christopher Edward Buckey
Represented By: Ira S. Lipsius
Represented By: James Sottile, IV
Represented By: Emily Perks Quinlan
Represented By: Paul Lewis Shechtman
Represented By: Christopher William Meyer
Represented By: Phillip M. Manela
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Defendant: Preferred Fragrance, Inc.
Represented By: Noah David Solowiejczyk
Represented By: Christopher Edward Buckey
Represented By: Ira S. Lipsius
Represented By: James Sottile, IV
Represented By: Emily Perks Quinlan
Represented By: Paul Lewis Shechtman
Represented By: Elliot Wales
Represented By: Christopher William Meyer
Represented By: Phillip M. Manela
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Defendant: Ezriel Polatsek
Represented By: Noah David Solowiejczyk
Represented By: Christopher Edward Buckey
Represented By: Ira S. Lipsius
Represented By: James Sottile, IV
Represented By: Steven Andrew Weg
Represented By: Robert L. Rimberg
Represented By: Emily Perks Quinlan
Represented By: Paul Lewis Shechtman
Represented By: Elliot Wales
Represented By: Christopher William Meyer
Represented By: Phillip M. Manela
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Defendant: Bent Philipson
Represented By: Ira S. Lipsius
Represented By: Yehuda David Scharf
Represented By: Brett D. Dockwell
Represented By: Phillip M. Manela
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Defendant: Ouleaf, Inc.
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Defendant: Pujiang Onlyou Cosmetics Co., Ltd.
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Defendant: Joseph Rubenstein
Represented By: Ira S. Lipsius
Represented By: Yehuda David Scharf
Represented By: Brett D. Dockwell
Represented By: Phillip M. Manela
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Defendant: Benjamin Landa
Represented By: Ira S. Lipsius
Represented By: Yehuda David Scharf
Represented By: Brett D. Dockwell
Represented By: Phillip M. Manela
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Defendant: Qian Liu
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Not classified by court: Exceed LLC
Represented By: Jeffrey Fleischmann
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Not classified by court: Watermark Beauty LLC
Represented By: Benjamin Daniel Liebowitz
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Plaintiff: Fragrance Holdings LLC
Represented By: Karen Marie Steel
Represented By: Jonathan Lee Hochman
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Plaintiff: Uni-World Capital, L.P.
Represented By: Karen Marie Steel
Represented By: Jonathan Lee Hochman
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Plaintiff: Uni-World Capital AIV, L.P.
Represented By: Karen Marie Steel
Represented By: Jonathan Lee Hochman
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Plaintiff: Fragrance Acquisitions, LLC
Represented By: Karen Marie Steel
Represented By: Jonathan Lee Hochman
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