Guy Carpenter & Company, LLC et al v. Gardner et al
| Marsh & McLennan Companies, Inc. and Guy Carpenter & Company, LLC |
| Timothy Gardner, Claude Yoder and Nicholas Durant |
| 1:2019cv05062 |
| May 30, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss the Amended Complaint. . Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder. (Elsberg, David) |
| Filing 31 MOTION to Dismiss the Amended Complaint. Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder.(Elsberg, David) |
| Filing 30 JOINT LETTER addressed to Judge Paul A. Engelmayer from Gary D. Friedman dated June 28, 2019 re: Status. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc..(Friedman, Gary) |
| Filing 29 NOTICE OF APPEARANCE by Elisabeth Marie Sperle on behalf of Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Sperle, Elisabeth) |
| Filing 28 NOTICE OF APPEARANCE by Ami Gersen Zweig on behalf of Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Zweig, Ami) |
| Filing 27 NOTICE OF APPEARANCE by David Efrem Yolkut on behalf of Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Yolkut, David) |
| Filing 26 NOTICE OF APPEARANCE by Jonathan D Polkes on behalf of Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Polkes, Jonathan) |
| Filing 25 AMENDED COMPLAINT amending #1 Complaint, against Nicholas Durant, Timothy Gardner, Claude Yoder with JURY DEMAND.Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. Related document: #1 Complaint,.(Friedman, Gary) |
| Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/30/19 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) |
| Filing 23 TRANSCRIPT of Proceedings re: conference held on 5/30/2019 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 6/28/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/5/2019.(McGuirk, Kelly) |
Filing 22
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by June 26, 2019. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by June 26, 2019, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by June 26, 2019. Defendants' reply, if any, shall be served by July 3, 2019. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Amended Pleadings due by 6/26/2019. Motions due by 6/26/2019.) (Signed by Judge Paul A. Engelmayer on 6/6/2019) (anc)
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| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss in Part. . Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder. (Elsberg, David) |
| Filing 20 MOTION to Dismiss in Part. Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder.(Elsberg, David) |
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference. Granted. The Court grants defendants' unopposed request to indefinitely extend and keep in place the temporary restraining order issued on May 30, 2019, and adjourns, sine die, the preliminary injunction hearing scheduled in this matter for June 10, 2019, at 4:30 p.m. The Court further adjourns, sine die, the deadline for defendants to file a memorandum of law in opposition to the motion for preliminary relief, and the deadline for plaintiffs to file a reply memorandum of law. The Court directs the parties to file a joint status letter every 30 days, beginning on June 28, 2019, advising the Court of the status of this matter. (Signed by Judge Paul A. Engelmayer on 6/4/2019) (mml)
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| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from David L. Elsberg dated June 4, 2019. Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder.(Elsberg, David) |
| Filing 17 NOTICE OF APPEARANCE by Joshua Scott Margolin on behalf of Nicholas Durant, Timothy Gardner, Claude Yoder. (Margolin, Joshua) |
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Filing 16
ORDER granting #6 Letter Motion to Adjourn Conference. Granted. The conference is adjourned to June 10, 2019, at 4:30 p.m. Show Cause Hearing set for 6/10/2019 at 04:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/3/2019) (cf)
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| Set/Reset Deadlines: Replies due by 6/7/2019. Show Cause Response due by 6/5/2019. (cf) |
| Filing 15 DECLARATION of Steven E. Jones III in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Friedman, Gary) |
| Filing 14 DECLARATION of Michael Jameson in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Friedman, Gary) |
| Filing 13 DECLARATION of Hartwell Dew in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Friedman, Gary) |
| Filing 12 DECLARATION of Arthur R. Collins in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Friedman, Gary) |
| Filing 11 DECLARATION of John J. Trace in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Attachments: #1 Exhibit A Gardner Resignation Letter dated March 7, 2019, #2 Exhibit B Durant Resignation Letter dated March 7, 2019, #3 Exhibit C Yoder Resignation Letter dated March 7, 2019, #4 Exhibit D Lockton Press Release dated March 7, 2019)(Friedman, Gary) |
| Filing 10 DECLARATION of Michael J. Borik in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Attachments: #1 Exhibit A Restrictive Covenants Agreement, #2 Exhibit B Durant Notification, Non-Solicitation and Confidentiality Agreement, #3 Exhibit C - Yoder Notification, Non-Solicitation and Confidentiality Agreement, #4 Exhibit D Lockton Interview Memo)(Friedman, Gary) |
| Filing 9 DECLARATION of Gary D. Friedman in Support re: #3 Order to Show Cause,,. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Attachments: #1 Exhibit A March 11, 2019 Letters, #2 Exhibit B March 13, 2019 Letters, #3 Exhibit C March 20, 2019 Letter, #4 Exhibit D March 28, 2019 Letter, #5 Exhibit E April 2, 2019 Letters, #6 Exhibit F April 15, 2019 Letter, #7 Exhibit G April 26, 2019 Letter, #8 Exhibit H April 26, 2019 Letters, #9 Exhibit I May 6, 2019 Letter, #10 Exhibit J May 30, 2019 Letter)(Friedman, Gary) |
| Filing 8 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,, . Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc.. (Friedman, Gary) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marsh & McClennan Companies, Inc., Other Affiliate Guy Carpenter & Company, LLC for Marsh & McLennan Companies, Inc.. Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc..(Friedman, Gary) |
| Filing 6 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from David L. Elsberg dated May 31, 2019. Document filed by Nicholas Durant, Timothy Gardner, Claude Yoder.(Elsberg, David) |
| Filing 5 NOTICE OF APPEARANCE by Ryan Wolfe Allison on behalf of Nicholas Durant, Timothy Gardner, Claude Yoder. (Allison, Ryan) |
| Filing 4 NOTICE OF APPEARANCE by David Lawrence Elsberg on behalf of Nicholas Durant, Timothy Gardner, Claude Yoder. (Elsberg, David) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 5/30/2019. Gary Friedman present for Plaintiffs. David Elsberg, Joshua Margolin & Ryan Allison present for Defendants. Court reporter present. See Transcript. (mf) |
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Filing 3
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Timothy Gardner, Nicholas Durant, Claude Yoder shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure that, during the pendency of this action. So Ordered. Show Cause Hearing set for 6/4/2019 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Show Cause Response due by 6/3/2019. (Signed by Judge Paul A. Engelmayer on 5/30/2019) (js)
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| Set/Reset Deadlines: Replies due by 6/4/2019. (js) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (pne). |
| Filing 1 COMPLAINT against Nicholas Durant, Timothy Gardner, Claude Yoder. (Filing Fee $ 400.00, Receipt Number 465401236515)Document filed by Guy Carpenter & Company, LLC, Marsh & McLennan Companies, Inc..(pc) (Additional attachment(s) added on 6/3/2019: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (pne). |
| Magistrate Judge Sarah Netburn 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) |
| Case Designated ECF. (pc) |
| SUMMONS ISSUED as to Nicholas Durant, Timothy Gardner, Claude Yoder. (pc) |
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