Pacelli et al v. Augustus Intelligence, Inc.
Plaintiff: Marco G. Pacelli, Ed Crump and Marco Pacelli
Defendant: Augustus Intelligence, Inc.
Case Number: 1:2020cv01011
Filed: February 5, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2021 Opinion or Order Filing 44 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Augustus Intelligence, Inc.. Document filed by Marco Pacelli, Ed Crump. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stanislaus, Darnell)
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Darnell Stanislaus. RE-FILE Document No. #43 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the docket text is incorrect, (parties selected were defendant(s) All Plaintiffs). Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
March 8, 2021 Opinion or Order Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) All Plaintiffs. Document filed by All Plaintiffs. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Stanislaus, Darnell) Modified on 3/9/2021 (km).
February 12, 2021 Opinion or Order Filing 42 INTERNET CITATION NOTE: Material from decision with Internet citation re: #41 Memorandum & Opinion, Case Stayed. (sjo)
May 11, 2020 Opinion or Order Filing 41 OPINION AND ORDER re: #5 MOTION to Compel Pacelli & Crump to Arbitration, filed by Augustus Intelligence, Inc. Defendant's motion to compel arbitration is GRANTED and this case is STAYED pending the outcome of arbitration. The Clerk of Court is respectfully directed to close Dkt. No. 5 and stay the case. SO ORDERED. Case stayed. (Signed by Judge Lewis J. Liman on 5/11/2020) (va)
April 27, 2020 Opinion or Order Filing 40 LETTER addressed to Judge Lewis J. Liman from Michael S. Gordon dated April 27, 2020 re: Reply Letter-Brief Pursuant to the Court's March 20, 2020 Order. Document filed by Augustus Intelligence, Inc...(Gordon, Michael)
April 27, 2020 Opinion or Order Filing 39 LETTER addressed to Judge Lewis J. Liman from Gabriel Levinson dated April 27, 2020 re: Submission of Reply Letter-Brief Pursuant to Court's March 20, 2020 Order. Document filed by Ed Crump, Marco Pacelli..(Levinson, Gabriel)
April 13, 2020 Opinion or Order Filing 38 LETTER addressed to Judge Lewis J. Liman from Gabriel Levinson dated April 13, 2020 re: Submission of Letter-Brief Pursuant to Court's March 20, 2020 Order. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Ex. A: E. Crump Engagement Letter, dated April 19, 2019).(Stanislaus, Darnell)
April 13, 2020 Opinion or Order Filing 37 LETTER addressed to Judge Lewis J. Liman from Michael S. Gordon dated April 13, 2020 re: Submission of Letter Brief in Accord with the Court's Order. Document filed by Augustus Intelligence, Inc.. (Attachments: #1 Exhibit A-Excerpted Copy of AAA Employment Arbitration Rules & Mediation Procedures).(Gordon, Michael)
March 20, 2020 Opinion or Order Filing 36 ORDER re: #35 Letter, filed by Augustus Intelligence, Inc. Accordingly, the following is HEREBY ORDERED: No later than April 13, 2020, both parties shall submit letter-briefs on the following topics: (1) whether an arbitrator must decide the question of arbitrability, and (2) the legal effect of the employment agreements' requirement that the parties "endeavor first to settle [a] dispute by mediation" before "any unresolved controversy or claim is "settled by arbitration." Plaintiffs' brief may, additionally, respond to the arguments in Defendants' letter regarding California Labor Code Section 925. Defendants letter-brief may not exceed three single-spaced pages. Plaintiffs' letter-brief may not exceed five single-spaced pages. Both briefs should focus on citations to legal authority rather than facts or policy arguments. No later than April 27, 2020, both parties may file responses to the above- mentioned letter-briefs. These responses may only address topics (1) and (2) named above and they are limited to two single-spaced pages. Aside from Plaintiffs' response to today's letter, no further briefing is invited on the California statutory question. (Signed by Judge Lewis J. Liman on 3/20/2020) (va)
March 20, 2020 Opinion or Order Filing 35 LETTER addressed to Judge Lewis J. Liman from Michael S. Gordon dated March 20, 2020 re: California Labor Code Section 925. Document filed by Augustus Intelligence, Inc.. (Attachments: #1 Exhibit A - California Labor Code Section 925).(Gordon, Michael)
March 12, 2020 Opinion or Order Filing 34 ORDER granting #33 Letter Motion to Adjourn Conference. Application GRANTED. The hearing is ADJOURNED sine die. Parties shall inform the Court by letter when medical circumstances permit Mr. Webster to participate. (Signed by Judge Lewis J. Liman on 3/12/2020) (va) Modified on 3/13/2020 (va).
March 12, 2020 Opinion or Order Filing 33 LETTER MOTION to Adjourn Conference (Evidentiary Hearing on 3/16/20) addressed to Judge Lewis J. Liman from Michael S. Gordon dated March 12, 2020. Document filed by Augustus Intelligence, Inc...(Gordon, Michael)
March 12, 2020 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Lauren Rebecca Weinberg on behalf of Augustus Intelligence, Inc...(Weinberg, Lauren)
March 12, 2020 Opinion or Order Filing 31 NOTICE OF APPEARANCE by George Alexander Stamboulidis on behalf of Augustus Intelligence, Inc...(Stamboulidis, George)
March 12, 2020 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of Augustus Intelligence, Inc...(Gordon, Michael)
March 11, 2020 Opinion or Order Filing 29 LETTER addressed to Judge Lewis J. Liman from Connie N. Bertram dated March 11, 2020 re: Response to Court's March 10, 2020 Order. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Exhibit A - Redline of First Amended Complaint).(Bertram, Connie)
March 10, 2020 Opinion or Order Filing 28 ORDER re: #24 Amended Complaint filed by Ed Crump, Marco Pacelli. The Court is in receipt of Plaintiff's Amended Complaint (Dkt. No. 24), which was filed without leave of Court. No later than 5:00 p.m. on March 11, Plaintiffs are ORDERED to submit a letter specifying how the amended pleading complies with Federal Rule of Civil Procedure 15. As an exhibit to the letter, Plaintiffs are directed to submit a red-lined version of the Amended Complaint identifying how the document differs from the originally filed Complaint (Dkt. No. 1). SO ORDERED. (Signed by Judge Lewis J. Liman on 3/10/2020) (va)
March 4, 2020 Opinion or Order Filing 27 ORDER granting #26 Motion for Connie N. Bertram to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) Transmission to Attorney Services/Help Desk.
March 4, 2020 Opinion or Order Filing 26 AMENDED MOTION for Connie N. Bertram to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Affidavit in Support, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Bertram, Connie)
March 4, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 AMENDED MOTION for Connie N. Bertram to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 2, 2020 Opinion or Order Filing 25 ORDER with respect to #19 Motion for Summary Judgment: The Court is in receipt of Plaintiffs' Motion for Summary Judgment (Dkt. No. 19). IT IS HEREBY ORDERED that Defendant's deadline to respond to the motion is ADJOURNED pending further order from the Court. (Signed by Judge Lewis J. Liman on 3/2/2020) (jwh)
March 2, 2020 Opinion or Order Filing 24 AMENDED COMPLAINT amending #1 Complaint against Augustus Intelligence, Inc..Document filed by Marco Pacelli, Ed Crump. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B).(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 23 DECLARATION of Gabriel Levinson, Esq. in Support re: #19 MOTION for Summary Judgment /Motion of Plaintiffs, Marco Pacelli and Ed Crump, to Compel Advancement of Defense Costs and for Partial Summary Judgment Regarding Indemnification for Prior Action.. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Exhibit A - ALM 2017 National Law Journal Billing Report).(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 22 DECLARATION of Connie N. Bertram, Esq. in Support re: #19 MOTION for Summary Judgment /Motion of Plaintiffs, Marco Pacelli and Ed Crump, to Compel Advancement of Defense Costs and for Partial Summary Judgment Regarding Indemnification for Prior Action.. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Exhibit A - Bertram Bio, #2 Exhibit B - Thurlow Bio, #3 Exhibit C - Levinson Bio, #4 Exhibit D - Blum Bio, #5 Exhibit E - Stanislaus Bio, #6 Exhibit F - Long Bio, #7 Exhibit G - January 17, 2020 Letter, #8 Exhibit H - January 23, 2020 Letter, #9 Exhibit I - Fee Summaries).(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 21 BRIEF re: #19 MOTION for Summary Judgment /Motion of Plaintiffs, Marco Pacelli and Ed Crump, to Compel Advancement of Defense Costs and for Partial Summary Judgment Regarding Indemnification for Prior Action. - STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PLAINTIFFS' MOTION. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Exhibit 1 - Pacelli Declaration, #2 Exhibit 2 - Bay Declaration, #3 Exhibit 3 - Crump Declaration).(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION for Summary Judgment /Motion of Plaintiffs, Marco Pacelli and Ed Crump, to Compel Advancement of Defense Costs and for Partial Summary Judgment Regarding Indemnification for Prior Action. . Document filed by Ed Crump, Marco Pacelli..(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 19 MOTION for Summary Judgment /Motion of Plaintiffs, Marco Pacelli and Ed Crump, to Compel Advancement of Defense Costs and for Partial Summary Judgment Regarding Indemnification for Prior Action. Document filed by Ed Crump, Marco Pacelli..(Stanislaus, Darnell)
February 28, 2020 Opinion or Order Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Connie N. Bertram to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18951590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Bertram, Connie) Modified on 2/28/2020 (vba).
February 28, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #18 MOTION for Connie N. Bertram to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18951590. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT STATE OF VIRGINA;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
February 27, 2020 Opinion or Order Filing 17 ORDER: To resolve this factual question, counsel for both parties are hereby ORDERED to appear for an evidentiary hearing on Monday, March 16, 2020 at 10:00 a.m. No materials should be submitted in advance. At the hearing, Court will take evidence and hear argument only on this factual issue. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/27/2020) ( Evidentiary Hearing set for 3/16/2020 at 10:00 AM before Judge Lewis J. Liman.) (ks)
February 26, 2020 Opinion or Order Filing 16 LETTER addressed to Judge Lewis J. Liman from Gabriel Levinson dated February 26, 2020 re: Plaintiffs' Sur-Reply Pursuant to the Court's February 24, 2020 Order. Document filed by Ed Crump, Marco Pacelli..(Levinson, Gabriel)
February 24, 2020 Opinion or Order Filing 15 ORDER re: #5 MOTION to Compel Pacelli & Crump to Arbitration, filed by Augustus Intelligence, Inc. Although sur-replies are not routinely ordered or granted, the Court exercises its discretion to permit Plaintiffs to respond to the arguments presented in the final two paragraphs of Defendant's Reply Memorandum of Law in Support of the Motion to Compel Arbitration (dkt. No. 12, p. 10-11)("Plaintiffs argue there are claims in their Complaint not subject to the Arbitration Agreement... [citations to] 388 U.S. 365, 403-04, 87 S.Ct. 1801, 1805-06, 18 L.Ed.2d 1270 (1967)."). Should Plaintiffs wish to respond to those final two paragraphs, they may submit a sur-reply letter not to exceed two pages in length by Wednesday, February 26 at 5:00 p.m. Plaintiffs' letter should not present argument with respect to other issues in the briefing. SO ORDERED. ( Surreplies due by 2/26/2020.) (Signed by Judge Lewis J. Liman on 2/24/2020) (va)
February 21, 2020 Opinion or Order Filing 14 DECLARATION of Lewis A. Bartell in Support re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Augustus Intelligence, Inc.. (Attachments: #1 Email dated 2/5/2020 11:52am, #2 Email dated 2/5/20202:53pm).(Bartell, Lewis)
February 21, 2020 Opinion or Order Filing 13 DECLARATION of Ramsey Taylor in Support re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Augustus Intelligence, Inc...(Bartell, Lewis)
February 21, 2020 Opinion or Order Filing 12 REPLY MEMORANDUM OF LAW in Support re: #5 MOTION to Compel Pacelli & Crump to Arbitration . . Document filed by Augustus Intelligence, Inc...(Bartell, Lewis)
February 14, 2020 Opinion or Order Filing 11 DECLARATION of Connie N. Bertram, Esq. in Opposition re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Ed Crump, Marco Pacelli. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - 1/15/2020 Letter, #3 Exhibit C - 2/4/2020 E-Mail, #4 Exhibit D - 2/6/2020 E-Mail).(Stanislaus, Darnell)
February 14, 2020 Opinion or Order Filing 10 DECLARATION of Ed Crump in Opposition re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Ed Crump, Marco Pacelli..(Stanislaus, Darnell)
February 14, 2020 Opinion or Order Filing 9 DECLARATION of Marco Pacelli in Opposition re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Ed Crump, Marco Pacelli..(Stanislaus, Darnell)
February 14, 2020 Opinion or Order Filing 8 MEMORANDUM OF LAW in Opposition re: #5 MOTION to Compel Pacelli & Crump to Arbitration . . Document filed by Ed Crump, Marco Pacelli..(Stanislaus, Darnell)
February 12, 2020 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Gabriel Levinson on behalf of Ed Crump, Marco Pacelli..(Levinson, Gabriel)
February 10, 2020 Opinion or Order Filing 6 DECLARATION of Ramsey Taylor in Support re: #5 MOTION to Compel Pacelli & Crump to Arbitration .. Document filed by Augustus Intelligence, Inc...(Bartell, Lewis)
February 10, 2020 Opinion or Order Filing 5 MOTION to Compel Pacelli & Crump to Arbitration . Document filed by Augustus Intelligence, Inc.. (Attachments: #1 Declaration of Ramsey Taylor, #2 RT Ex 1 Pacelli Offer of Employ, #3 RT Ex 2 Crump Offer of Employ, #4 RT Ex 3 Polsinelli Corr, #5 RT Ex 4 Notice of Vol Dismiss, #6 RT Ex 5 Demand for Arbitration, #7 Memorandum of Law in Supp).(Bartell, Lewis)
February 6, 2020 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Augustus Intelligence, Inc...(pne)
February 6, 2020 Opinion or Order Magistrate Judge Barbara C. Moses 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. (pne)
February 6, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pne)
February 6, 2020 Opinion or Order Case Designated ECF. (pne)
February 6, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darnell Stybel Stanislaus. The party information for the following party/parties has been modified: Marco Pacelli. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne)
February 6, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Darnell Stybel Stanislaus. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; Arbitration code v (Voluntary); County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to None; no dollar demand entered on civil cover sheet; the Arbitration code has been deleted; the County code has been modified to XX Out of State. (pne)
February 5, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Augustus Intelligence Inc., re: #1 Complaint. Document filed by Ed Crump, Marco G. Pacelli..(Stanislaus, Darnell)
February 5, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Stanislaus, Darnell)
February 5, 2020 Opinion or Order Filing 1 COMPLAINT against Augustus Intelligence, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18702691)Document filed by Marco G. Pacelli, Ed Crump..(Stanislaus, Darnell)

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Plaintiff: Marco G. Pacelli
Represented By: Darnell Stybel Stanislaus
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Plaintiff: Ed Crump
Represented By: Darnell Stybel Stanislaus
Represented By: Gabriel Levinson
Represented By: Connie N. Bertram
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Plaintiff: Marco Pacelli
Represented By: Darnell Stybel Stanislaus
Represented By: Gabriel Levinson
Represented By: Connie N. Bertram
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Defendant: Augustus Intelligence, Inc.
Represented By: Lewis Avery Bartell
Represented By: Lauren Rebecca Weinberg
Represented By: George Alexander Stamboulidis
Represented By: Michael Steven Gordon
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