Capstone Logistics Holdings, Inc. et al v. Navarrete et al
| Capstone Logistics Holdings, Inc., Capstone Logistics, LLC and Pinnacle Workforce Logistics, L.L.C. |
| Pedro Navarrete, David Poffenberger, Steven Willis, Mario Rojas and Humano, LLC |
| 1:2017cv04819 |
| June 26, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B. Daniels |
| Barbara C. Moses |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
588
ORDER: In light of this Court having been advised that the parties have reached agreement on all issues, the above-captioned matter is stayed. The pretrial conference scheduled for September 23, 2021 and bench trial scheduled for October 18, 202 1 are cancelled. All open pre-trial motions are dismissed without prejudice. This Court will retain jurisdiction to effectuate and enforce the terms of the parties' settlement. SO ORDERED. (Signed by Judge George B. Daniels on 9/14/2021) (ama)
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Filing
531
ORDER: For the reasons stated on the record during today's conference, plaintiffs' application for an order reopening discovery and compelling production of documents concerning defendant humano's earnings from non-party Bradshaw International is DENIED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/12/2021) (ama)
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Filing
529
ORDER granting 525 Letter Motion to Compel. Application GRANTED to the extent that Judge Moses will conduct a discovery conference on April 12, 2021, at 11:00 a.m. The conference will be conducted remotely via Microsoft Teams. Cha mbers will email the videoconferencing link to the parties. A publicly accessible audio line is available to nonparties, including members of the public, by dialing (917) 933-2166 and entering the code 456298817#. Nonparties must observe the same decorum as would be expected at an in-person conference, and must mute their telephone lines throughout the proceeding. In advance of the conference, and no later than April 7, 2021, the parties shall file a joint letter, which attaches as exhibits the discovery request(s) and response(s) that form the basis of their dispute. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/18/2021) (cf)
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Filing
526
ORDER denying without prejudice 494 Motion re: 494 MOTION for Terminating Sanctions and Other Relief As a Result of New Evidence . For the reasons stated on the record at the March 11, 2021 oral argument, Plaintiff's motion for terminating sanctions, (ECF No. 494), is DENIED without prejudice. The Clerk of Court is directed to close the motion at ECF No. 494. SO ORDERED.. (Signed by Judge George B. Daniels on 3/11/2021) (ks)
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Filing
522
ORDER, The oral argument scheduled for March 11, 2021 at 10:00 a.m. shall occur as a videoconference using the Skype platform. To optimize the quality of the video feed, only the Court, Plaintiffs counsel, Movant' s counsel, and Defendants&# 039; counsel will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 862520541. So Ordered. ( Telephone Conference set for 3/11/2021 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/8/21) (yv)
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Filing
519
ORDER FOR PERMANENT INJUNCTION: IT IS HEREBY ORDERED, as follows: Defendants, and all persons and/or entities acting on their behalf, for their benefit, or in active concert or participation with them (including any affiliates, agents, represent atives, associates, employees, and/or independent contractors) are permanently ENJOINED from, directly or indirectly, accessing, using, disclosing, disseminating, or otherwise misappropriating any of the following trade secrets or other confidentia l or proprietary information that belongs to Capstone: all contracts between Capstone and its customers, and the customer-specific details contained therein, including rebate percentages, backhaul and logistics pricing, and other pricing and rate i nformation; As further set forth in this Order. Plaintiffs may pursue future violations of the injunction should any occur. ill. Willful violation of this Order for Permanent Injunction or any other of this Court's orders may subject any per son who commits such an act to sanctions for contempt of this Court. Any violation of this Order for Permanent Injunction will result in immediate issuance of an order to show cause for service on the violator, who after appropriate hearings and f indings, will be dealt with according to the sanctions provided by law. This Court shall retain jurisdiction of this action for all purposes, including without limitation, all proceedings involving the enforcement of this Order and Permanent Injun ction. Electronic service of this Order on the Defendants' counsel shall be deemed as providing Defendants with actual knowledge of the terms of this Order for enforcement purposes. SO ORDERED. (Signed by Judge George B. Daniels on 3/4/2021) (ks)
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Filing
505
ORDER: The Court accepts the Declaration of Theodore Townsend, filed at ECF No. 500-1. Defendants' deadline to oppose Plaintiffs' Motion for Terminating Sanctions, (EFC No. 494), is moved to February 19, 2021. Defendants 9; reply is due by February 26, 2021. The Court will still hear oral argument on the motion on March 11, 2021 at 10:00 a.m. SO ORDERED., ( Responses due by 2/19/2021, Replies due by 2/26/2021., Oral Argument set for 3/11/2021 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/10/2021) (ama)
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Filing
499
ORDER terminating 444 Motion to Strike document from the record.; terminating 446 Letter Motion for Extension of Time; terminating 456 Motion in Limine; terminating 457 Motion in Limine; terminating 459 Motion in Limine; terminating [ 462] Motion: The Clerk of the Court is directed to close ECF Nos. 444, 446, 456, 457, 459, and 462. These motions were resolved on the record at the January 28, 2021 pretrial conference. (Signed by Judge George B. Daniels on 1/28/2021) (jwh)
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Filing
485
ORDER: The pretrial conference scheduled for January 28, 2021 at 9:45 a.m. shall occur as a videoconference using the Skype platform. To optimize the quality of the video feed, only the Court, Plaintiffs counsel, Movant's counsel, and Defend ants' counsel will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 456488619. As further set forth in this Order. SO ORDERED. (Signed by Judge George B. Daniels on 1/25/2021) ( Telephone Conference set for 1/28/2021 at 09:45 AM before Judge George B. Daniels.) (ks)
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Filing
478
ORDER: In light of the Second Circuit's Summary Order (ECF No. 477), Plaintiffs are ordered to submit a proposed Permanent Injunction Order by January 4, 2021. Defendants' opposition, if any, shall be filed no later than January 18, 2021. (Signed by Judge George B. Daniels on 12/14/2020) (jwh)
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Filing
476
MEMORANDUM DECISION AND ORDER: A pretrial conference is scheduled for January 28, 2021 at 9:45 a.m. (Pretrial Conference set for 1/28/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/8/2020) (jwh)
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Filing
441
MEMORANDUM DECISION AND ORDER terminating 390 Motion in Limine; terminating 393 Motion to Seal; granting 395 Motion for Summary Judgment; terminating 400 Motion for Sanctions: Plaintiffs' motion for summary judgment, (ECF No. 395), i s GRANTED in their favor on their breach of contract, misappropriation of trade secrets, unfair competition, breach of fiduciary duty, tortious interference, and copyright infringement claims. Plaintiff is entitled to provable monetary damages. A per manent injunction is issued, providing that Defendants shall not, directly or indirectly, access, use, disclose, disseminate, or otherwise misappropriate any of Plaintiffs' confidential and proprietary information or trade secrets, or infringe o n the MobilTrak IP. The Clerk of Court is directed to close Plaintiffs' motion for sanctions, (ECF No. 400), Plaintiffs' motion to seal, (ECF No. 393), Plaintiffs' motion to strike the testimony of Defendants' expert, (ECF No. 390), and Defendants' motion to vacate the preliminary injunction, (ECF No. 353). (Signed by Judge George B. Daniels on 6/23/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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