Broker Genius Inc. v. Seat Scouts LLC et al
| Broker Genius Inc. |
| Seat Scouts LLC, Drew Gainor, Guinio Volpone and Event Ticket Sales LLC |
| 1:2017cv08627 |
| November 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah Netburn |
| Sidney H. Stein |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
581
ORDER OF DISMISSAL. IT IS HEREBY ORDERED that: 1. This action is dismissed, including all claims and counterclaims, with prejudice, with each party to bear its own fees and costs; 2. The Permanent Injunction dated February 7, 2019 [Doc. No. 387] agai nst defendants is vacated; 3. The prohibition on certain sales of products by Seat Scouts LLC set forth in the Memorandum and Order dated June 16, 2020 [Doc. No. 567] is vacated; and 4. The $50,000.00 in funds deposited by Broker Genius with the Clerk of Court on June 6, 2019, pursuant to the Court's Order to Show Cause for Temporary Restraining Order and Preliminary Injunction [Doc. No. 413] be released to Broker Genius. So ordered. Case Stay Lifted. Broker Genius Inc., Drew Gainor, D rew Gainor, Drew Gainor, Drew Gainor, Pistol Enterprises LLC, Seat Scouts LLC, Seat Scouts LLC, Seat Scouts LLC, Seat Scouts LLC, Broker Genius Inc. and Broker Genius Inc. terminated. (Signed by Judge Sidney H. Stein on 12/23/2020) (rjm) Transmission to Finance Unit (Cashiers) for processing.
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Filing
578
ORDER dismissing without prejudice 414 Motion for TRO; dismissing without prejudice 464 Motion ; dismissing without prejudice 470 Motion to Dismiss; dismissing without prejudice 481 Motion ; dismissing without prejudice 481 Motion for Hearing; dismissing without prejudice 486 Motion for Sanctions; dismissing without prejudice 545 Motion for Bond; dismissing without prejudice 545 Motion for Disbursement of Funds; dismissing without prejudice 550 Motion for Order of Sale. At the request of the plaintiff [Doc. No. 577], IT IS HEREBY ORDERED that: 1. This action is stayed pursuant to 11 U.S.C. § 362; and 2. All pending motions in this matter [Doc Nos. 414, 464, 470, 481, 486, 545, and 550] are dismissed without prejudice, pending the outcome of the bankruptcy proceeding. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/21/2020) (va)
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Filing
576
ORDER: The Court has received Mr. Heisenberg's letter dated September 8, 2020 [Doc. No. 575]. In the letter he states that this action has been stayed as a result of the bankruptcy proceeding against Seat Scouts, LLC in the United States Bankruptcy Court for the District of Nebraska, and that exclusive jurisdiction has been transferred to that bankruptcy court. Of course, neither assertion is correct. First, the bankruptcy stay applies solely to Seat Scouts, LLC, the debtor, and not to defendant Drew Gainor. See 11 U.S.C. 362(a). Second, the bankruptcy court has exclusive jurisdiction over the property of Seat Scouts, LLC, but not the property of Mr. Gainor. See 11 U.S.C. 1334 (e)(1). There are several motions pending be fore this Court. Broker Genius is directed to notify the Court in writing as to whether it intends to pursue this case against Mr. Gainor at this time with its attendant litigation expense. If it does not intend to do so at this time, the Court will enter a stay of this action pending the outcome of the bankruptcy proceeding. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/16/2020) (va)
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Filing
567
MEMORANDUM & ORDER: Accordingly, IT IS HEREBY ORDERED that pursuant to the Permanent Injunction entered on February 7, 2019, Seat Scouts is prohibited from conducting a sale of Reconciler, the Sync suite (Mobile Transfer, Refund Manager, and Invento ry Distribution and Order Processing), and Data and Analytics (see June 8 Letter) pending this Court's determination of Seat Scouts' own request for the Court to clarify whether the sale of those products would in fact violate the Permanent Injunction. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/16/2020) (kv)
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Filing
539
ORDER re: 538 Judgment. Accordingly, IT IS HEREBY ORDERED that the 30-day automatic stay of proceedings to enforce a judgment in Rule 62(a) is terminated and Broker Genius may proceed to execute on the civil contempt judgment entered by this Court on March 3, 2020. (See ECF No. 538.) SO ORDERED. (Signed by Judge Sidney H. Stein on 3/3/2020) (kv)
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Filing
532
MEMORANDUM AND ORDER granting 522 Motion to Enforce Judgment re: 516 Order on Motion to Enforce Judgment. Upon accepting defendants' invitation to reconsider its January 28 Order, this Court concludes that the motion fails because it d oes not meet "the Second Circuit's high standard for reconsideration under a strict construction of Local Rule 6.3." Nw. Nat. Ins. Co. v. Insco, Ltd., No. 11 CIV 1124, 2011 WL 5574953, at *2 (S.D.N.Y. Nov. 15, 2011). (as further set fo rth herein). Even if the Court were to construe defendants' submission as an opposition to Broker Genius's motion to certify the contempt judgment pursuant to 28 U.S.C. § 1963, the opposition fails. Seat Scouts and Gainor oppose the m otion by "incorporat[ing] by reference the arguments contained in Defendants' prior opposition to the first motion." (Def. Opp'n at 1.) For the reasons set forth in the Court's January 28 Order, Broker Genius's motion is granted and the Clerk of Court is directed to certify the contempt judgment dated August 12, 2019. Broker Genius is permitted to register the judgment in districts in which defendants have assets, including the District of Nebraska, the District of Delaware, the District of Massachusetts, the Eastern District of North Carolina, and the Northern District of California. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/20/2020) (kv) Transmission to Orders and Judgments Clerk for processing.
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Filing
524
ORDER: IT IS HEREBY ORDERED that defendants shall have until February 12, 2020, to respond to plaintiff's motion to certify the judgment and for permission to register the judgment in other districts [ECF No. 522]. (Set Deadlines/Hearing as to 522 MOTION to Enforce Judgment: Responses due by 2/12/2020) (Signed by Judge Sidney H. Stein on 2/6/2020) (jwh)
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Filing
516
ORDER granting 489 Motion to Enforce 353 Judgment. Accordingly, plaintiff's motion is granted and the Clerk of Court is directed to certify the judgment dated January 22, 2019. Broker Genius is permitted to register the judgment in districts in which defendants have assets. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/28/2020) (va) Transmission to Orders and Judgments Clerk for processing.
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Filing
495
ORDER: IT IS HEREBY ORDERED that defendants are directed to remove immediately any online postings that contain this confidential material (including Facebook, Twitter, and online forums). A conference will take place on Tuesday, November 25, 2019 at 12 P.M. (Status Conference set for 11/25/2019 at 12:00 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 11/22/2019) (rro)
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Filing
462
OPINION AND ORDER re: 422 MOTION to Dismiss Turnover Proceeding. filed by Drew Gainor, Seat Scouts LLC. Because Broker Genius has failed to set forth sufficient evidence from which the Court can conclude "that there is at lea st a reasonable probability" that Pistol expected or should reasonably have expected the act of lending Seat Scouts $500,000 to have consequences in New York, the Court is faced with the question of whether Pistol is an indispensable party. Having weighed the Rule 19(b) factors and determined "in equity and good conscience" that the action should not proceed among the existing parties, the Court now grants defendants' motion to dismiss the turnover proceeding for failure to join a necessary party. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/27/2019) (kv)
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Filing
460
OPINION & ORDER re: 439 MOTION for Attorney Fees . filed by Broker Genius Inc.. Due to the inclusion in the time records of (1) work related to non-contempt issues, (2) block-billing, and (3) vague entries, the Court will apply a th irty percent reduction to plaintiff Broker Genius's request for attorneys' fees. Plaintiffs are therefore entitled to attorneys' fees in the amount of $228,735.35; expert fees in the amount of $35,662.47; and costs in the amo unt of $15,641.21. The Court therefore imposes civil contempt sanctions against defendants in favor of plaintiff in the total amount of $280,039.03. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/12/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
449
OPINION & ORDER: For the foregoing reasons, plaintiff's application for an order releasing the Rule 65(c) security after a trial on the merits and the entry of a final judgment is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/11/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
446
OPINION AND ORDER re: 388 MOTION for Judgment NOV . filed by Drew Gainor, Seat Scouts LLC. Defendants' renewed motion for judgment as a matter of law pursuant to Rule 50(b) is denied on the grounds that considering the evide nce in the light most favorable to Broker Genius, see Stratton v. Dep't for the Aging, 132 F.3d 869, 878 (2d Cir. 1997), there is absolutely no reason to overturn the jury's considered judgment based on substantial supporting evidence. Defe ndants' alternative request for a new trial pursuant to Rule 59(a)(l) is denied because the Court cannot conclude that the jury reached a "seriously erroneous result" or "the verdict is a miscarriage of justice." Manley v. Am Base Corp., 337 F.3d 237, 245 (2d Cir. 2003). Far from being "seriously erroneous," the jury's verdict was consistent with and supported by the evidence adduced at trial. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/10/2019) (kv)
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Filing
425
OPINION & ORDER: For the reasons that follow, the Court will award civil contempt sanctions in the amount of the costs and attorneys' fees that plaintiff incurred in order to prosecute its Motion for Contempt and Sanctions. It is "appropria te" for the Court to include in its compensatory sanctions award "the reasonable costs of prosecuting the contempt, including attorneys' fees, if the violation of the decree is found to have been willful."3 Carousel Handbags, 592 F.2d at 130. Plaintiff is awarded the costs and attorneys' fees it incurred in the course of prosecuting its Motion for Contempt and Sanctions. Plaintiff is directed to submit that calculation, with support, within ten days of this order; defendants may respond within ten days thereafter. (as further set forth in this Order). SO ORDERED. (Signed by Judge Sidney H. Stein on 6/12/2019) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
386
MEMORANDUM OPINION & ORDER: Because defendants' appeal from the preliminary injunction is currently pending before the Second Circuit, this Court does not have jurisdiction to reduce the amount of the bond that secures the injunction. Additional ly, Rule 62(d) does not apply, because reducing the amount of the bond is not required to maintain the status quo. Broker Genius's motion to reduce the amount of the Rule 65(c) bond is therefore denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/5/2019) (kv)
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Filing
259
OPINION & ORDER re: 256 LETTER MOTION for Discovery Deposition de bene esse addressed to Magistrate Judge Sarah Netburn from Christoph Heisenberg dated November 8, 2018, filed by Seat Scouts LLC. Defendants request leave to obtain de bene esse testimony from Stage Front, or alternatively, to extend the discovery period so that Defendants can depose Stage Front. Because Defendants have not demonstrated good cause to reopen discovery, their request is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 256. (Signed by Magistrate Judge Sarah Netburn on 11/29/2018) (ras) (Main Document 259 replaced on 11/29/2018) (ras).
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Filing
120
OPINION & ORDER: re: 111 MOTION to Dismiss Plaintiff's Second Amended Complaint, filed by Drew Gainor, Volpone Software LLC, Gainor Software LLC, Stuart Gainor, Guinio Volpone, Event Ticket Sales LLC, Ray Volpone, Sea t Scouts LLC. For the reasons set forth above, defendants motion to dismiss the Second Amended Complaint is DENIED with respect to the SACs unfair competition claim against Drew Gainor and Seat Scouts, and GRANTED in all other respects. Because all o f the claims against Guinio Volpone, Ray Volpone, Stuart Gainor, Volpone Software LLC, Gainor Software LLC, and Event Ticket Sales LLC, have been dismissed, those parties are hereby dismissed from this action.10 The Clerk of Court is hereby directed to amend the caption of this action accordingly. The remaining defendants shall file their responsive pleading to the SAC on or before May 29, 2018. See Fed. R. Civ. P. 12(a)(4). The sole claims that remain in this action are the breach of contract claimagainst Drew Gainor and the unfair competition claim against Gainor and Seat Scouts LLC, and as further set forth in this order. Gainor Software LLC, Guinio Volpone, Ray Volpone, Volpone Software LLC, Event Ticket Sales LLC and Stuart Gainor terminated. (Signed by Judge Sidney H. Stein on 5/14/2018) (ap)
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Filing
119
OPINION AND ORDER: re: 4 MOTION for Temporary Restraining Order, Evidence Preservation and Order to Show Cause Re: Preliminary Injunction filed by Broker Genius Inc. Accordingly, for the reasons set forth above, Broker Genius's motion for a preliminary injunction is GRANTED, and defendants, and all persons in active concert or participation with them, are hereby enjoined during the pendency of this action: (a) From using or providing or making available, whether by sale or otherwise, t o any third party the Command Center video, product, and services, including providing further services to any now existing client or potential client using or training to use the Command Center product and services; and (b) From destroying or dispos ing of any evidence or other materials, in any form, relating to this action and the issues raised herein, including, without limitation, all devices, electronic media, cloud storage, and all copies of any and all documents, media, and/or other mater ials, containing, identifying, describing, reflecting, or referencing Broker Genius's proprietary information and any and all documents, data and information which was obtained by defendants from, or by virtue of their relationship with, Broker Genius, including all current or archived media, emails, chats, texts, documents, electronic logs, metadata, storage, and directories; and (c) From accessing, disclosing, making available to any person or entity, or using any of Broker Genius's proprietary information. Broker Genius shall post security in the amount of $100,000 on or before May 14, 2018, at 5 p.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/11/2018) (ama)
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