SS&C Technologies, Inc. v. Spillane et al
| SS&C Technologies, Inc. |
| Kristina Spillane and Fidelity National Information Services, Inc. |
| 1:2020cv00595 |
| January 23, 2020 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutory Actions |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 37
ORDER Modifying Consent Order [Dkt. No. 33). IT IS HEREBY: ORDERED that, pursuant to Fed. R. Civ. P. 65, SS&C's request for a permanent injunction against FIS is denied; AND IT IS FURTHER ORDERED that SS&C and Spillane's proposed Consent Order (Dkt. No. 32) and the Court's March 2, 2020 Order granting the proposed Consent Order (Dkt. No. 33) shall be modified as follows: A. The phrase "against Spillane" shall be added to the Third WHEREAS paragraph, which shall be revised to read: "WHEREAS, this Court entered an Order granting SS&C's Motion for Preliminary Injunction against Spillane (the "Order") on January 27, 2020 (Dkt. No. 8 at 3)"; B. The phrase "The parties" shall be struck from Paragraph C on Page 3, which shall be revised to read: "SS&C and Spillane consent to the entry of this Consent Order"; and C. The phrase "and any person within the scope of Federal Rule of Civil Procedure 65(d)(2) (including her employer") shall be struck from Paragraph E on Page 3, which shall be revised to read: "Spillane is permanently enjoined, barred, and prohibited from disclosing any SS&C Confidential Information to anyone outside of SS&C." D. Below the stipulation between SS&C and Spillane, and above the Court's "so ordered" signature, the following language shall be added: IT IS FURTHER ORDERED THAT: FIS has confirmed that it is not in possession, custody or control of SS&C Confidential Information and agrees that, to the extent it gains possession, custody or control of SS&C Confidential Information, it would not use or disclose SS&C Confidential Information. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/18/20) (yv)
|
| Filing 36 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Kenneth Turnbull and Stephen Fishbein dated March 11, 2020 re: Consent Order. Document filed by Fidelity National Information Services, Inc.. (Attachments: #1 Exhibit A - FIS's Proposed Order, #2 Exhibit B - SS&C's Proposed Order).(Turnbull, Kenneth) |
|
Filing 35
MEMO ENDORSEMENT on re: #34 Letter Consent Order, filed by Fidelity National Information Services, Inc. ENDORSEMENT: The case cannot be settled without some language binding FIS. I suggest that below the parties' execution of the stipulation, and above my "so ordered" signature, that language be added to the effect that FIS, although not a party to the consent decree, agrees not to disclose any SS&C Confidential Information. (Signed by Judge Alvin K. Hellerstein on 3/4/20) (yv)
|
| Filing 34 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Kenneth Turnbull and Stephen Fishbein dated March 3, 2020 re: Consent Order. Document filed by Fidelity National Information Services, Inc.. (Attachments: #1 Exhibit Proposed Order).(Turnbull, Kenneth) |
|
Filing 33
CONSENT ORDER: WHEREBY, IT IS HEREBY STIPULATED [AND ORDERED] THAT: A. The Court has personal jurisdiction over Spillane. The Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331, 28 U.S.C. 1332, and 18 U.S.C. 1836(c). Venue is proper in this judicial district under 28 U.S.C. 1391. B. Spillane consents to the jurisdiction of this Court to enter and enforce the Order against her. C. The parties consent to the entry of this Consent Order. D. Spillane will continue complying with her post termination obligations relating to SS&C Confidential Information, including but not limited to that which is identified in the underlying Complaint (Dkt. No. 1). E. Spillane, and any person within the scope of Federal Rule of Civil Procedure 65(d)(2) (including her employer), is permanently and forever enjoined, barred, and prohibited from disclosing any SS&C Confidential Information to anyone outside of SS&C. F. Spillane is permanently and forever enjoined, barred, and prohibited from contacting, soliciting, or servicing, directly or indirectly, on her own behalf or on behalf of any other entity, any customer or client with whom, during the twelve-month period preceding the end of her employment, she engaged in any verbal or written communication relating to the sale or possible sale of products or services offered by SS&C, including any officer, director, or employee thereof, until December 24, 2020, and as further set forth in this order. This Court shall retain jurisdiction to enforce the terms of this Consent Order and resolve any disputes arising from or relating to this Consent Order. Except for the entry of this Consent Order, all other claims for relief as alleged in the Complaint are hereby dismissed with prejudice, with the parties to bear their own costs and attorneys' fees. The Court shall close the case, subject to the retention of enforcement jurisdiction. (Signed by Judge Alvin K. Hellerstein on 3/2/2020) (jwh)
|
| Filing 32 PROPOSED CONSENT ORDER. Document filed by SS&C Technologies, Inc...(Fishbein, Stephen) |
|
Filing 31
ORDER granting #30 Letter Motion for Extension of Time. Spillane's opposition is due March 2, 2020 and Plaintiff's reply is due March 6, 2020. The hearing scheduled for March 2, 2020 is cancelled. If the parties are unable to negotiate a consent order, the Court will set a new hearing date. (Signed by Judge Alvin K. Hellerstein on 2/25/20) (yv)
|
| Filing 30 THIRD LETTER MOTION for Extension of Time to submit opposition addressed to Judge Alvin K. Hellerstein from Elior D. Shiloh dated February 25, 2020. Document filed by Kristina Spillane..(Shiloh, Elior) |
| Set/Reset Deadlines: Responses due by 3/2/2020. Replies due by 3/6/2020. (yv) |
| Set/Reset Deadlines: Responses due by 2/21/2020. Replies due by 2/28/2020. (jwh) |
|
Filing 29
ORDER granting #28 Letter Motion for Extension of Time: So ordered. (Signed by Judge Alvin K. Hellerstein on 2/14/2020) (jwh)
|
| Filing 28 LETTER MOTION for Extension of Time to Submit Opposition addressed to Judge Alvin K. Hellerstein from Elior D. Shiloh dated February 14, 2020. Document filed by Kristina Spillane..(Shiloh, Elior) |
|
Filing 27
ORDER granting #23 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/6/20) (yv)
|
| Set/Reset Deadlines: Responses due by 2/14/2020. Replies due by 2/26/2020. (yv) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fidelity National Information Services, Inc...(Killeen, Brendan) |
| Filing 25 CASHIERS OFFICE REMARK on #8 Cash in the amount of $1000.00, paid on 2/6/2020, Receipt Number 465401254192..(sw) |
| Filing 24 NOTICE OF APPEARANCE by Andrew Williamson on behalf of Kristina Spillane..(Williamson, Andrew) |
| Filing 23 LETTER MOTION for Extension of Time to Submit Opposition to Plaintiff's Motion for a Preliminary Injunction addressed to Judge Alvin K. Hellerstein from Elior D. Shiloh dated February 6, 2020. Document filed by Kristina Spillane..(Shiloh, Elior) |
| Filing 22 NOTICE OF APPEARANCE by Elior Daniel Shiloh on behalf of Kristina Spillane..(Shiloh, Elior) |
| Filing 21 AFFIDAVIT of James McMahon . Document filed by Fidelity National Information Services, Inc...(Turnbull, Kenneth) |
| Filing 20 NOTICE OF APPEARANCE by Brendan Thomas Killeen on behalf of Fidelity National Information Services, Inc...(Killeen, Brendan) |
| Filing 19 NOTICE OF APPEARANCE by Kenneth Joseph Turnbull on behalf of Fidelity National Information Services, Inc...(Turnbull, Kenneth) |
| Filing 18 SUMMONS RETURNED EXECUTED Summons and Complaint served. Fidelity National Information Services, Inc. served on 1/23/2020, answer due 2/13/2020. Service was accepted by Kenneth Turnbull, Esq.. Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint served. Kristina Spillane served on 1/23/2020, answer due 2/13/2020. Service was accepted by Elior D. Shiloh, ESq.. Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/23/2020 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 15 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/23/2020 before Judge Alvin K. Hellerstein. 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 2/19/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/28/2020.(McGuirk, Kelly) |
| Filing 14 AFFIDAVIT of Michael Holt re: #8 Memo Endorsement . Document filed by SS&C Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Holt, Michael) |
| Filing 13 AFFIDAVIT of Mike Sleightholme re: #8 Memo Endorsement . Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 12 AFFIDAVIT of Tracy Shelby re: #8 Memo Endorsement . Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 11 AFFIDAVIT of Craig Schachter re: #8 Memo Endorsement . Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 10 MEMORANDUM OF LAW in Support re: #8 Memo Endorsement / Plaintiff's Memorandum of Law in Support of its Motion for a Preliminary Injunction, Temporary Restraining Order, and Expedited Discovery. Document filed by SS&C Technologies, Inc.. (Fishbein, Stephen) |
|
Filing 9
MEMO ENDORSEMENT on re: #7 Letter Proposed Order, filed by SS&C Technologies, Inc. ENDORSEMENT: I sign this date the order proposed by Fidelity. Only information potentially obtained by or through Spillane is in issue. (Signed by Judge Alvin K. Hellerstein on 1/28/20) (yv)
|
|
Filing 8
MEMO ENDORSEMENT on re: #7 Letter, filed by SS&C Technologies, Inc. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 1/28/2020) (va)
|
| Filing 7 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Stephen Fishbein and Kenneth Turnbull dated January 27, 2020 re: Proposed Order. Document filed by SS&C Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fishbein, Stephen) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SS&C Technologies Holdings, Inc. for SS&C Technologies, Inc.. Document filed by SS&C Technologies, Inc..(Fishbein, Stephen) |
| Filing 5 NOTICE OF APPEARANCE by Michael William Holt on behalf of SS&C Technologies, Inc.. (Holt, Michael) |
| Filing 4 NOTICE OF APPEARANCE by Christopher Lloyd LaVigne on behalf of SS&C Technologies, Inc.. (LaVigne, Christopher) |
| Filing 3 NOTICE OF APPEARANCE by Stephen Robert Fishbein on behalf of SS&C Technologies, Inc.. (Fishbein, Stephen) |
| Filing 2 CIVIL COVER SHEET filed. (pc) (jgo). |
| Filing 1 COMPLAINT against Fidelity National Information Services, Inc., Kristina Spillane. (Filing Fee $ 400.00, Receipt Number 465401253188)Document filed by SS&C Technologies, Inc..(pc) (jgo). |
| SUMMONS ISSUED as to Fidelity National Information Services, Inc., Kristina Spillane. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman 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. (pc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
