Blanchard v. Tabulate, Inc.
| Albert Blanchard |
| Tabulate, Inc. |
| 1:2018cv08631 |
| September 20, 2018 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 27 MOTION to Dismiss .( Responses due by 11/29/2018), MOTION to Transfer Case . Document filed by Tabulate, Inc.. (Attachments: #1 Memorandum of Law, #2 Affidavit Declaration of James Moskosky, #3 Exhibit Exh A Confidentiality Agreement, #4 Exhibit Exh B Non-Competition Agreement, #5 Exhibit Exh C Restricted Stock Agreement, #6 Affidavit Declaration of Robbie Wright, #7 Affidavit Declaration of Arthur "Scott" L. Porter, Jr., Esq., #8 Exhibit Exh A Complaint, #9 Exhibit Exh B Indemnification Agreement, #10 Exhibit Exh C Employment Agreement, #11 Exhibit Exh D Plaintiff's Purported Notice of Involuntary Termination, #12 Exhibit Exh E Judges SDNY, #13 Exhibit Exh F Cases Pending in District Courts, #14 Exhibit Exh G Median Time to Disposition of Cases, #15 Exhibit Exh H Judges SD Texas)(Albert, Aaron) |
| Filing 26 MEMO ENDORSEMENT on re: #25 Letter filed by Tabulate, Inc. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 11/14/2018) (jca) |
| Filing 25 LETTER addressed to Judge Edgardo Ramos from Arthur L. Porter, Jr. dated 11/14/2018 re: Request to file overlength brief in motion to dismiss or transfer. Document filed by Tabulate, Inc..(Albert, Aaron) |
| Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/31/2018. Plaintiff's counsel present. Defendant's counsel present. Defendant is granted leave to file a motion to dismiss with the following briefing schedule: moving papers due November 14, 2018; opposition due November 29, 2018; and reply due December 5, 2018. (Motions due by 11/14/2018. Responses due by 11/29/2018. Replies due by 12/5/2018.) (jar) |
| Filing 24 REPLY re: #22 Letter Plaintiff's Response to Defendant's Pre-Motion Letter. Document filed by Albert Blanchard. (Goldenberg, Andrew) |
Filing 23
ORDER re: #8 Order to Show Cause: Because Blanchard has failed to show a likelihood of success and irreparable injury, his motion for a preliminary injunction is DENIED. (Signed by Judge Edgardo Ramos on 10/19/2018) (jwh)
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| Filing 22 LETTER addressed to Judge Edgardo Ramos from Arthur L. Porter, Jr. dated 10/22/2018 re: Pre-motion Letter re Motion to Dismiss or Transfer. Document filed by Tabulate, Inc..(Albert, Aaron) |
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter filed by Tabulate, Inc., Motions terminated: #13 CROSS MOTION to Dismiss for Lack of Jurisdiction . MOTION to Transfer Case . filed by Tabulate, Inc. ENDORSEMENT: Defendant's cross-motion is DENIED without prejudice. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 13. A pre-motion conference on the matter will be held on October 31, 2018, at 11:00 a.m. Defendant shall submit a letter setting forth the basis for the anticipated motion by October 22. Plaintiff shall respond by October 25. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/17/2018) (js)
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| Set/Reset Hearings: Pre-Motion Conference set for 10/31/2018 at 11:00 AM before Judge Edgardo Ramos. (js) |
| Set/Reset Deadlines: Responses due by 10/25/2018 (js) |
| Filing 20 LETTER addressed to Judge Edgardo Ramos from Arthur L. Porter, Jr. dated 10/17/2018 re: Pre-motion Conference. Document filed by Tabulate, Inc..(Albert, Aaron) |
| Filing 19 DECLARATION of Albert Blanchard in Opposition re: #13 CROSS MOTION to Dismiss for Lack of Jurisdiction . MOTION to Transfer Case .. Document filed by Albert Blanchard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Goldenberg, Andrew) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #13 CROSS MOTION to Dismiss for Lack of Jurisdiction . MOTION to Transfer Case . . Document filed by Albert Blanchard. (Goldenberg, Andrew) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tabulate, Inc..(Albert, Aaron) |
| Filing 16 NOTICE OF APPEARANCE by Aaron Eliot Albert on behalf of Tabulate, Inc.. (Albert, Aaron) |
| Filing 15 DECLARATION of Albert Blanchard re: #8 Order to Show Cause,,,,,, Set Deadlines,,,,, . Document filed by Albert Blanchard. (Goldenberg, Andrew) |
| Filing 14 REPLY MEMORANDUM OF LAW in Support re: #8 Order to Show Cause,,,,,, Set Deadlines,,,,, . Document filed by Albert Blanchard. (Goldenberg, Andrew) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Dismiss for Lack of Jurisdiction ., MOTION to Transfer Case . Document filed by Tabulate, Inc.. (Attachments: #1 Supplement Memorandum of Law, #2 Affidavit Declaration of James Moskosky, #3 Exhibit Exh A Confidentiality Agreement, #4 Exhibit Exh B Non-Competition Agreement, #5 Exhibit Exh C Restricted Stock Agreement, #6 Exhibit Exh D Plaintiff's W-4 Statement (redacted), #7 Exhibit Exh E Plaintiff's 2014 W-2 Statement (redacted))(Porter, Arthur) Modified on 10/30/2018 (ldi). |
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Filing 12
ORDER granting #10 Letter Motion for Extension of Time to File Response/Reply. Defendant's time to respond to the Order to Show Cause is extended to October 5, 2018. Plaintiff's time to reply is extended to October 10, 2018. (Signed by Judge Edgardo Ramos on 10/2/2018) (mro)
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| Set/Reset Deadlines: Objections to R&R due by 10/5/2018 Replies due by 10/10/2018. (mro) |
| Filing 11 LETTER addressed to Judge Edgardo Ramos from Andrew R. Goldenberg dated October 2, 2018 re: Defendant's request for extension of time to respond to Plaintiff's Order to Show Cause. Document filed by Albert Blanchard.(Goldenberg, Andrew) |
| Filing 10 LETTER MOTION for Extension of Time to File Response/Reply as to #8 Order to Show Cause,,,,,, Set Deadlines,,,,, addressed to Judge Edgardo Ramos from Arthur L. Porter, Jr. dated 10/02/2018. Document filed by Tabulate, Inc..(Porter, Arthur) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons, Complaint, Order to Show Cause with Supporting Documents served on Tabulate, Inc. on 9/26/18. Service was accepted by Jim Moskosky. Document filed by Albert Blanchard., AFFIDAVIT OF SERVICE of Summons and Complaint. Tabulate, Inc. served on 9/26/2018, answer due 10/17/2018. Service was accepted by Jim Moskosky. Document filed by Albert Blanchard. (Goldenberg, Andrew) |
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Filing 8
ORDER TO SHOW CAUSE. It is hereby: ORDERED, that defendant Tabulate, Inc. (the "Company"), show cause why, pursuant to Fed. R. Civ. P. 65(a), a preliminary injunction should not be entered: i. Requiring the Company to advance Plaintiff's unreimbursed fees and expenses he has already incurred totaling $28,964.56, plus applicable interest; ii. Requiring the Company to advance Plaintiff's future reasonable fees and expenses in connection with the Company's claims against Plaintiff and claims Plaintiff has against the Company, in an amount of no less than $75,000; iii. Requiring the Company to pay fees on fees incurred by Plaintiff in pursuing his rights under the Indemnification Agreement totaling no less than $104,000, plus prejudgment interest; and iv. Granting Plaintiff such other and further relief as this Court deems just and proper. ORDERED, that the Company's papers in response to this Order shall be filed by October 2, 2018, any reply papers shall be filed by Plaintiff by October 5, 2018. ORDERED, that service of a copy of this Order to Show Cause, together with all the supporting papers upon which it is based, including the Summons and Complaint, shall be made in a manner prescribed by Fed. R. Civ. P. 4 on or before September 26, 2018. (Replies due by 10/5/2018. Service due by 9/26/2018.) (Signed by Judge Edgardo Ramos on 9/25/2018) (rjm)
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| Filing 7 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause Without Emergency Relief . Document filed by Albert Blanchard. (Goldenberg, Andrew) |
| Filing 6 DECLARATION of Albert Blanchard in Support re: #5 Proposed Order to Show Cause Without Emergency Relief. Document filed by Albert Blanchard. (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)(Goldenberg, Andrew) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Albert Blanchard. (Goldenberg, Andrew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Tabulate, Inc.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew R. Goldenberg. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1346bc; Dollar Demand $927,000,000. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Dollar Demand has been modified to $927,000. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 3 CIVIL COVER SHEET filed. (Goldenberg, Andrew) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Tabulate, Inc., re: #1 Complaint. Document filed by Albert Blanchard. (Goldenberg, Andrew) |
| Filing 1 COMPLAINT against Tabulate, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15598625)Document filed by Albert Blanchard. (Attachments: #1 Exhibit Indemnification Agreement, #2 Exhibit Employment Agreement)(Goldenberg, Andrew) |
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| Plaintiff: Albert Blanchard | |
| Represented By: | Andrew R. Goldenberg |
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| Defendant: Tabulate, Inc. | |
| Represented By: | Arthur L. Porter, JR., |
| Represented By: | Aaron Eliot Albert |
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