Circustrix Holdings, LLC v. Lee
Plaintiff: Circustrix Holdings, LLC
Defendant: Jeffrey Lee
Case Number: 1:2020cv00122
Filed: January 7, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 5, 2020 Minute Entry for proceedings held before Judge Paul G. Gardephe: Motion Hearing held on 3/5/2020 re: #31 LETTER MOTION for Conference re: Withdrawal of Counsel addressed to Judge Paul G. Gardephe from Kaleb McNeely dated January 31, 2020. filed by Jeffrey Lee. (Court Reporter Andrew Walker) (mr)
February 21, 2020 Opinion or Order Filing 34 ORDER granting #31 Letter Motion for Conference. It is hereby ORDERED that there shall be a conference in this matter on March 5, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The purpose of the conference is to discuss defense counsels motion to withdraw. Plaintiffs counsel need not appear. It is further ORDERED that Defendant Jeffrey Lee personally appear at said conference. (Signed by Judge Paul G. Gardephe on 2/21/2020) (tro)
February 21, 2020 Set/Reset Deadlines as to Motion Hearing set for 3/5/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (tro)
February 10, 2020 Filing 33 REPLY MEMORANDUM OF LAW in Support of Request for Expedited Discovery. Document filed by Circustrix Holdings, LLC..(Ehrlich, Andrew)
February 6, 2020 Filing 32 BRIEF Defendant Jeff Lee's Response to Plaintiff's Request for Expanded Relief. Document filed by Jeffrey Lee..(Benevento, Bryon)
January 31, 2020 Filing 31 LETTER MOTION for Conference re: Withdrawal of Counsel addressed to Judge Paul G. Gardephe from Kaleb McNeely dated January 31, 2020. Document filed by Jeffrey Lee..(McNeely, Kaleb)
January 30, 2020 Opinion or Order Filing 30 ORDER. It is hereby ORDERED that Defendant is enjoined, prior to the expiration of his five-year non-competition period (i.e. prior to December 16, 2021), from (1) continuing to promote Flow Supreme Air Sports ("Flow"), opening Flow to the public, or otherwise violating his non-compete agreement; or (2) soliciting CircusTrix's customers, in violation of CircusTrix's rights under the parties' Membership Interest Purchase Agreement. So ordered. (Signed by Judge Paul G. Gardephe on 1/30/2020) (rjm)
January 29, 2020 Filing 29 LETTER addressed to Judge Paul G. Gardephe from Andrew J. Ehrlich dated January 29, 2020 re: Response to Dkt. 26. Document filed by Circustrix Holdings, LLC.(Ehrlich, Andrew)
January 29, 2020 Filing 28 DECLARATION of Pietro J. Signoracci re: #17 Order to Show Cause,,,,,,, . Document filed by Circustrix Holdings, LLC. (Attachments: #1 Exhibit A - Flow Social Media, #2 Exhibit B - Signoracci email, #3 Exhibit C - Flow Social Media, #4 Exhibit D - Campbell Noncompete, #5 Exhibit E - Flow Newspaper Notice, #6 Exhibit F - Email from Lawrence to Lee)(Ehrlich, Andrew)
January 29, 2020 Filing 27 REPLY MEMORANDUM OF LAW in Support re: #17 Order to Show Cause,,,,,,, . Document filed by Circustrix Holdings, LLC. (Ehrlich, Andrew)
January 28, 2020 Opinion or Order Filing 26 MEMO ENDORSEMENT on re: #23 Brief filed by Jeffrey Lee. ENDORSEMENT: Plaintiff is directed to respond to this brief by 2:00P.M. on January 29, 2020, and in particular to state why this Court should not simply enter the proposed preliminary injunction and adjourn the January 20, 2020 hearing sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/28/2020) (jca)
January 27, 2020 Filing 25 ANSWER to Complaint. Document filed by Jeffrey Lee.(McNeely, Kaleb)
January 24, 2020 Filing 24 DECLARATION of Jeffrey Lee re: #17 Order to Show Cause,,,,,,, . Document filed by Jeffrey Lee. (Benevento, Bryon)
January 24, 2020 Filing 23 BRIEF re: #17 Order to Show Cause,,,,,,, Responsive Brief of Defendant Jeff Lee. Document filed by Jeffrey Lee.(Benevento, Bryon)
January 21, 2020 Filing 22 CERTIFICATE OF SERVICE of Order to Show Cause; Plaintiff's Memorandum of Law in Support; Declaration of Andrew J. Ehrlich in Support; Declaration of Pietro Signoracci in Support; Plaintiff's Memorandum of Law in Further Support; Declaration of Andrew J. Ehrlich in Further Support served on Kaleb McNeely on January 21, 2020. Document filed by Circustrix Holdings, LLC. (Signoracci, Pietro)
January 21, 2020 Filing 21 AFFIDAVIT OF SERVICE of Order to Show Cause; Plaintiff's Memorandum of Law in Support; Declaration of Andrew J. Ehrlich in Support; Declaration of Pietro Signoracci in Support; Plaintiff's Memorandum of Law in Further Support; Declaration of Andrew J. Ehrlich in Further Support served on Kaleb McNeely on January 21, 2020. Document filed by Circustrix Holdings, LLC. (Signoracci, Pietro)
January 21, 2020 Filing 20 DECLARATION of Pietro Signoracci in Support re: #17 Order to Show Cause,,,,,,,. Document filed by Circustrix Holdings, LLC. (Attachments: #1 Exhibit 1-Cook Declaration)(Ehrlich, Andrew)
January 21, 2020 Filing 19 DECLARATION of Andrew J. Ehrlich in Support re: #17 Order to Show Cause,,,,,,,. Document filed by Circustrix Holdings, LLC. (Attachments: #1 Exhibit A-Complaint)(Ehrlich, Andrew)
January 21, 2020 Filing 18 MEMORANDUM OF LAW in Support re: #17 Order to Show Cause,,,,,,, . Document filed by Circustrix Holdings, LLC. (Ehrlich, Andrew)
January 21, 2020 Opinion or Order Filing 17 ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: It is herebyORDERED that Defendant Jeffrey Lee show cause at a hearing to be held in this Court before the Honorable Paul G. Gardephe, United States District Judge, in Courtroom 110, United States Courthouse, 40 Foley Square, New York, NY 10007, on January 30, 2020 at 4:30 p.m. or as soon thereafter as counsel may be heard, why the Court should not enter an order for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure and the Court's inherent powers, pending final determination of this action. ORDERED that Plaintiff shall effect personal delivery of a copy of this order and supporting papers, by hand delivery service and email to Defendant or Defendant's counsel, no later than 5:00 p.m. on January 21, 2020, which shall be deemed good and sufficient service and notice thereof; and it is further, 2020, which shall be deemed good and sufficient ORDERED that Defendant shall file with the Court and serve any responsive papers by overnight delivery and email on Plaintiffs counsel, Andrew J. Ehrlich, Esq., Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019-6064, aehrlich@paulweiss.com, on or before 9:00 a.m. on January 27, 2020 and that Plaintiff shall file with the Court and serve any reply papers by overnight delivery and email on Defendant or Defendant's counsel, on or before 9:00 a.m. on January 29, 2020. SO ORDERED. Show Cause Hearing set for 1/30/2020 at 04:30 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 1/27/2020. (Signed by Judge Paul G. Gardephe on 1/21/2020) (jca)
January 21, 2020 Set/Reset Deadlines: Replies due by 1/29/2020. (jca)
January 10, 2020 Filing 16 BRIEF Supplemental Memorandum of Law in Opposition. Document filed by Jeffrey Lee.(Benevento, Bryon)
January 10, 2020 Filing 15 DECLARATION of Pietro Signoracci in Further Support of CircusTrix Holdings, LLC's Motion for a Preliminary Injunction. Document filed by Circustrix Holdings, LLC. (Attachments: #1 Exhibit 1 - CircusTrix Holdings LLC Agreement)(Ehrlich, Andrew)
January 10, 2020 Filing 14 DECLARATION of Jeffrey Lee . Document filed by Jeffrey Lee. (Attachments: #1 Exhibit A - Sellers and Payment Schedule, #2 Exhibit B - Bank Statement, #3 Exhibit C - Email from Joe Fail)(Benevento, Bryon)
January 10, 2020 Filing 13 SUPPLEMENTAL BRIEF in Further Support of Its Application for a Temporary Restraining Order and Motion for a Preliminary Injunction. Document filed by Circustrix Holdings, LLC.(Ehrlich, Andrew)
January 8, 2020 Opinion or Order Filing 12 ORDER: It is hereby ORDERED that both parties will submit briefing by January 10, 2020 at 3 p.m. as to whether Defendant was a "Restricted Party" (Lee Decl., Ex. D, LLCA 1.1) when he signed the Purchase Agreement (Lee Decl., Ex. D, Purchase Agreement) in December 2016, including any supporting calculations. So Ordered. (Signed by Judge Paul G. Gardephe on 1/8/2020) (js)
January 8, 2020 Filing 11 DECLARATION of Jeffrey Lee in Opposition. Document filed by Jeffrey Lee. (Attachments: #1 Exhibit CircusTrix Letter, #2 Exhibit B1 - Membership Interest Purchase Agreement, #3 Exhibit B2 - Contribution Agreement, #4 Exhibit C - CircusTrix Letter, #5 Exhibit D1 - Membership Interest Purchase Agreement, #6 Exhibit D2 - Contribution Agreement, #7 Exhibit D3 - Assignment Agreement, #8 Exhibit D4 Limited Liability Company Agreement, #9 Exhibit D5 - Action by Unanimous Written Consent, #10 Exhibit D6 - Spousal Consent, #11 Exhibit E - Letter to J. Lee, #12 Exhibit F - Letter to A. Ehrlich)(Benevento, Bryon)
January 8, 2020 Filing 10 BRIEF in Opposition to Motion for TRO. Document filed by Jeffrey Lee.(Benevento, Bryon)
January 8, 2020 Filing 9 DECLARATION of Andrew J. Ehrlich . Document filed by Circustrix Holdings, LLC. (Attachments: #1 Exhibit A - Lee Email)(Ehrlich, Andrew)
January 8, 2020 Filing 8 REPLY MEMORANDUM OF LAW . Document filed by Circustrix Holdings, LLC. (Ehrlich, Andrew)
January 8, 2020 Filing 7 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650099/2020..Document filed by Jeffrey Lee. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Declaration of Jeffrey Lee)(Benevento, Bryon)
January 8, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bryon J Benevento. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
January 8, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo)
January 8, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bryon J Benevento to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
January 8, 2020 Case Designated ECF. (jgo)
January 8, 2020 Magistrate Judge Gabriel W. Gorenstein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
January 7, 2020 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Trampoline Acquisition Parent Holdings, LLC for Circustrix Holdings, LLC. Document filed by Circustrix Holdings, LLC.(Ehrlich, Andrew)
January 7, 2020 Filing 5 NOTICE OF APPEARANCE by Pietro John Signoracci on behalf of Circustrix Holdings, LLC. (Signoracci, Pietro)
January 7, 2020 Filing 4 NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Circustrix Holdings, LLC. (Ehrlich, Andrew)
January 7, 2020 Filing 3 NOTICE OF APPEARANCE by Kaleb McNeely on behalf of Jeffrey Lee. (McNeely, Kaleb)
January 7, 2020 Filing 2 CIVIL COVER SHEET filed. (Benevento, Bryon)
January 7, 2020 Filing 1 FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650099/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-18440072).Document filed by Jeffrey Lee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Benevento, Bryon) Modified on 1/8/2020 (jgo).

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Plaintiff: Circustrix Holdings, LLC
Represented By: Andrew James Ehrlich
Represented By: Pietro John Signoracci
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Defendant: Jeffrey Lee
Represented By: Kaleb McNeely
Represented By: Bryon J Benevento
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