E2W, LLC v. Kidzania Operations, S.a.r.l.
| E2W, LLC |
| Kidzania Operations, S.a.r.l. |
| 1:2020cv02866 |
| April 6, 2020 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Franchise |
| 28 U.S.C. § 1332 bc |
| None |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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| CASHIERS OFFICE REGISTRY DEPOSIT as per #54 Order on Motion to Seal, dated 5/11/2020, from Judge Andrew L. Carter, Jr, received $1,000,000.00 from E2W, LLC Receipt Number 20465400158 on 5/29/2020. (cde) |
| Filing 63 NOTICE of Posting Bond Through Deposit and Withdrawal of Motion for Extension of Time. Document filed by E2W, LLC..(MacPhee, Leonard) |
| Filing 62 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Jeanne A. Fugate dated May 28, 2020 re: #61 LETTER MOTION for Extension of Time to Post Bond addressed to Judge Andrew L. Carter, Jr. from Leonard H. MacPhee dated 05/27/20. . Document filed by Kidzania Operations, S.a.r.l...(Fugate, Jeanne) |
| Filing 61 LETTER MOTION for Extension of Time to Post Bond addressed to Judge Andrew L. Carter, Jr. from Leonard H. MacPhee dated 05/27/20. Document filed by E2W, LLC. (Attachments: #1 Text of Proposed Order).(MacPhee, Leonard) |
| Filing 60 ANSWER to #1 Complaint. Document filed by Kidzania Operations, S.a.r.l...(Fugate, Jeanne) |
| Filing 59 REDACTION to #25 Declaration in Opposition,, Exhibit 16 by Kidzania Operations, S.a.r.l..(Fugate, Jeanne) |
| Filing 58 REDACTION to #25 Declaration in Opposition,, Exhibit 15 by Kidzania Operations, S.a.r.l..(Fugate, Jeanne) |
| Filing 57 REDACTION to #25 Declaration in Opposition,, Exhibit 14 by Kidzania Operations, S.a.r.l..(Fugate, Jeanne) |
| Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/1/2020 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 55 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/1/2020 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Alena Lynch, (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 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) |
Filing 54
ORDER denying #33 Letter Motion to Seal; granting #21 Letter Motion to Seal. It is hereby: ORDERED that Defendant KidZania and its agents, employees, and affiliated companies under its control are enjoined from terminating the Franchise Agreement and taking any actions that would interfere with the continued operations of Plaintiff, including indicating or disclosing to any third party that the Franchise Agreement has been terminated. The Parties are ORDERED to otherwise maintain the status quo of their operating relationship pending a decision in the ICC arbitration regarding the termination of the Franchise Agreement. IT IS FURTHER ORDERED that, pursuant to Rule 65(c), Fed. R. Civ. P., as a condition of the preliminary injunction, Plaintiff shall post a bond in the amount of $1 million. Plaintiff is ORDERED to post this bond by May 28, 2020. As stated on the record during the May 7, 2020 hearing, Defendant's Motion to Seal (No. 21) is GRANTED; Defendant's Evidentiary Objections (No. 27) are DENIED; Plaintiff's Motion to Seal (No. 33) is DENIED; and Defendant's Objection to Reply Evidence (No. 41) is DENIED. Consistent with the above sealing orders issued on the record, the Court respectfully directs the Clerk of Court to maintain Document No. 28 under seal, and to unseal Document No. 37. Defendant is ORDERED to file public versions of the Exhibits at Document No. 28, redacted consistent with the Court's sealing order on the record, within 7 days. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/11/20) (yv)
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Filing 53
ORDER WITHDRAWAL OF COUNSEL: IT IS HEREBY ORDERED that Damien J. Marshall hereby withdraws as counsel for Defendant KidZania Operations, S.A.R.L. and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Jeanne A. Fugate of King & Spalding LLP and Christopher G. Caldwell will continue to represent Defendant KidZania Operations, S.A.R.L., Attorney Damien Jerome Marshall terminated. (Signed by Judge Andrew L. Carter, Jr on 5/7/2020) (rj)
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| Filing 52 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Kidzania Operations, S.a.r.l.. Related Document Number: #51 ..(Marshall, Damien) |
| Filing 51 DECLARATION of Damien J. Marshall regarding withdrawal as counsel. Document filed by Kidzania Operations, S.a.r.l...(Marshall, Damien) |
| Filing 50 DECLARATION of Hernan Barbieri in Opposition re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2.. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit 1 - Industrial Partner Chart, #2 Exhibit 2 - Ms. Eguiluz's email dated November 25, 2019, #3 Exhibit 3 - Ms. Eguiluz's email dated December 18, 2019, #4 Exhibit 4 - WhatsApp message, #5 Exhibit 5 - WhatsApp message, #6 Exhibit 6 - Online Matrix of outstanding issues).(Fugate, Jeanne) |
| Filing 49 DECLARATION of Xavier Lopez Ancona in Opposition re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2.. Document filed by Kidzania Operations, S.a.r.l...(Fugate, Jeanne) |
| Filing 48 REPLY MEMORANDUM OF LAW in Opposition re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2. . Document filed by Kidzania Operations, S.a.r.l...(Fugate, Jeanne) |
| Filing 47 NOTICE OF APPEARANCE by Richard T. Marooney, Jr on behalf of Kidzania Operations, S.a.r.l...(Marooney, Richard) |
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Filing 46
STIPULATION AND ORDER REGARDING SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel pursuant to Local Civil Rule 1.4, and subject to the approval of the Court, that Christopher G. Caldwell is hereby substituted in the place of and in the stead of Christopher G. Caldwell of Boies Schiller Flexner LLP as attorneys for Defendant KidZania Operations, S.A.R.L. in this action. All notices required to be given and all papers filed or served in this action should henceforth be served upon counsel at the address set forth below for incoming counsel. A supporting declaration pursuant to Local Civil Rule 1.4 is being filed herewith. Motions terminated: #44 LETTER MOTION to Substitute Attorney. Old Attorney: Christopher G. Caldwell of Boies Schiller Flexner LLP, New Attorney: Christopher G. Caldwell addressed to Judge Andrew L. Carter, Jr. from Christopher G. Caldwell dated May 1, 2020. filed by Kidzania Operations, S.a.r.l.., (Signed by Judge Andrew L. Carter, Jr on 5/4/2020) (cf)
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Filing 45
STIPULATION AND ORDER REGARDING SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel pursuant to Local Civil Rule 1.4, and subject to the approval of the Court, that Jeanne A. Fugate of King & Spalding LLP is hereby substituted for Jeanne A. Fugate of Boies Schiller Flexner LLP as attorneys for Defendant KidZania Operations, S.A.R.L. in this action. All notices required to be given and all papers filed or served in this action should henceforth be served upon counsel at the address set forth below for incoming counsel. A supporting declaration pursuant to Local Civil Rule 1.4 is being filed herewith. Motions terminated: #43 LETTER MOTION to Substitute Attorney. Old Attorney: Jeanne A. Fugate of Boies Schiller Flexner LLP, New Attorney: Jeanne A. Fugate -of King & Spalding LLP addressed to Judge Andrew L. Carter, Jr. from Jeanne A. Fugate dated May 1, 2020. filed by Kidzania Operations, S.a.r.l. (Signed by Judge Andrew L. Carter, Jr on 5/4/2020) (cf) .
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| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Show Cause Hearing held on 5/1/2020. Leonard Mac Phee, Gabriel Levinson and Darnell Stanislaus for Plaintiff(s). Christopher Caldwell and Jeanne Fugate for the Defendant(s). Court's decision reserved. Defendant's Surreply due by 5/5/2020. Telephone Status Conference set for 5/7/2020 at 11:00 AM before Judge Andrew L. Carter Jr. Conference No. 1- 888-363-4749, Access Code: 3768660. See transcript for complete details. (Court Reporter: Alena Lynch) (tro) |
| Filing 44 LETTER MOTION to Substitute Attorney. Old Attorney: Christopher G. Caldwell of Boies Schiller Flexner LLP, New Attorney: Christopher G. Caldwell addressed to Judge Andrew L. Carter, Jr. from Christopher G. Caldwell dated May 1, 2020. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order Regarding Substitution of Counsel, #2 Exhibit B - Declaration of Christopher G. Caldwell).(Caldwell, Christopher) |
| Filing 43 LETTER MOTION to Substitute Attorney. Old Attorney: Jeanne A. Fugate of Boies Schiller Flexner LLP, New Attorney: Jeanne A. Fugate -of King & Spalding LLP addressed to Judge Andrew L. Carter, Jr. from Jeanne A. Fugate dated May 1, 2020. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order Regarding Substitution of Counsel, #2 Exhibit B - Declaration of Jeanne A. Fugate).(Fugate, Jeanne) |
| Filing 42 OPPOSITION BRIEF re: #41 Objection (non-motion) Defendant's Objection to Evidence Submitted with Plaintiff's Memorandum of Law in Further Support of Its Application for a TRO and Preliminary Injunction. Document filed by E2W, LLC..(Stanislaus, Darnell) |
| Filing 41 Objection re: #34 Reply Memorandum of Law in Support of Motion, #35 Declaration in Support of Motion, #36 Declaration in Support of Motion, . Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| Filing 40 LETTER addressed to Judge Andrew L. Carter, Jr. from Jeanne A. Fugate dated April 29, 2020 re: Submission of Certificate of Good Standing from New York State Court. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit A).(Fugate, Jeanne) |
| Filing 39 AFFIDAVIT OF SERVICE of Complaint, Summons, Order to Show Cause, Court Order served on Defendants on 4/9/20. Service was made by Mail. Document filed by E2W, LLC. (Attachments: #1 EX A, #2 EX B, #3 EX C).(MacPhee, Leonard) |
| Filing 38 RESPONSE re: #27 Objection (non-motion) Defendant's Evidentiary Objections ISO Defendant's Opposition to Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction. Document filed by E2W, LLC..(MacPhee, Leonard) |
| Filing 37 ***SELECTED PARTIES***NOTICE of of Exhibit A to Decl of Greg Stevens filed under Seal re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2.. Document filed by E2W, LLC, Kidzania Operations, S.a.r.l.. Motion or Order to File Under Seal: #33 .(MacPhee, Leonard) |
| Filing 36 DECLARATION of Greg Stevens in Support re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2.. Document filed by E2W, LLC. (Attachments: #1 EX A, #2 EX B, #3 EX C, #4 EX D, #5 EX E, #6 EX F, #7 EX G, #8 EX H, #9 EX I, #10 EX J, #11 EX K).(MacPhee, Leonard) |
| Filing 35 DECLARATION of Gevork Sarkisyan in Support re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2., #6 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by E2W, LLC. (Attachments: #1 EX A, #2 EX B, #3 EX C, #4 EX D, #5 EX E, #6 EX F, #7 EX G, #8 EX H).(MacPhee, Leonard) |
| Filing 34 REPLY MEMORANDUM OF LAW in Support re: #31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2., #6 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by E2W, LLC..(MacPhee, Leonard) |
| Filing 33 LETTER MOTION to Seal an exhibit annexed to the Declaration of Greg Stevens in Further Support of E2Ws Application for a Temporary Restraining Order and Preliminary Injunction addressed to Judge Andrew L. Carter, Jr. from Leonard H. MacPhee dated April 27, 2020. Document filed by E2W, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Letter Motion to File Under Seal).(MacPhee, Leonard) |
| Filing 32 LETTER addressed to Judge Andrew L. Carter, Jr. from Jeanne A. Fugate dated April 22, 2020 re: Submission of Certificates of Good Standing. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit A).(Fugate, Jeanne) |
| Filing 31 EMERGENCY MOTION for Temporary Restraining Order PER ORDER [DOC #30], THIS FILING REPLACES DOC #6 AND SPECIFICALLY REMOVES PAGES 63-127 FROM EXHIBIT A TO DOC #6-2. Document filed by E2W, LLC. (Attachments: #1 Decl. of Leonard H. MacPhee, dated April 9, 2020, #2 Ex. A: Decl. of Greg Stevens, dated April 7, 2020, #3 Ex. B: Decl. of Ted Beaman, dated April 7, 2020, #4 Ex. C: Decl. of Keith Rubenstein, dated April 7, 2020, #5 Ex. D: Decl. of Gevork Sarkisyan, dated April 7, 2020, #6 Ex. E: De-Identification Actions Notice, dated April 3, 2020, #7 Plaintiff's Memorandum of Law ISO Application for TRO and Preliminary Injunction).(MacPhee, Leonard) |
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Filing 30
ORDER: On April 17, 2020, Plaintiff E2W, LLC requested via letter motion to modify a filed exhibit by consent. The request is GRANTED. The Court respectfully directs the Clerk of Court to strike Document Number 6 from the docket but retain the summary docket text for the record. By April 23, 2020, Plaintiff shall refile Document Number 6 as filed on April 9, 2020, with the modification that pages 63-126 of Exhibit A be removed. This Order supersedes the Court's April 20, 2020 Order, Document Number 29. (Signed by Judge Andrew L. Carter, Jr on 4/21/2020) (rj)
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| ***STRICKEN DOCUMENT. Deleted document number #6 from the case record. The document was stricken from this case pursuant to #30 Order Striking Document from Record,. (rj) |
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Filing 29
ORDER granting #19 Letter Motion for Leave to File Document. Plaintiff's request is hereby granted. Refile a version of Exhibit A consistent with the above letter by 4/22/2020. (Signed by Judge Andrew L. Carter, Jr on 4/20/2020) (rj)
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| Filing 28 ***SELECTED PARTIES***NOTICE of Exhibits 14, 15 and 16 to Xavier Lopez Ancona Declaration filed under seal re: #7 Order to Show Cause,,,,,,,,, Terminate Motions,,,,,,,, #21 MOTION to Seal .. Document filed by Kidzania Operations, S.a.r.l., E2W, LLC. (Attachments: #1 Exhibit 15, #2 Exhibit 16)Motion or Order to File Under Seal: #21 .(Caldwell, Christopher) |
| Filing 27 Objection re: #7 Order to Show Cause,,,,,,,,, Terminate Motions,,,,,,,, (Evidentiary Objections). Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| Filing 26 DECLARATION of Hernan Barbieri in Opposition re: #7 Order to Show Cause,,,,,,,,, Terminate Motions,,,,,,,,. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit 21).(Caldwell, Christopher) |
| Filing 25 DECLARATION of Xavier Lopez Ancona in Opposition re: #7 Order to Show Cause,,,,,,,,, Terminate Motions,,,,,,,,. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (slip sheet), #15 Exhibit 15 (slip sheet), #16 Exhibit 16 (slip sheet), #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20).(Caldwell, Christopher) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #7 Order to Show Cause,,,,,,,,, Terminate Motions,,,,,,,, . Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| Filing 23 PROPOSED ORDER. Document filed by Kidzania Operations, S.a.r.l.. Related Document Number: #21 ..(Caldwell, Christopher) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Seal . . Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| Filing 21 MOTION to Seal . Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KidZania International, S.a.r.l., Corporate Parent KidZania, S.A.P.I. de C.V. for Kidzania Operations, S.a.r.l.. Document filed by Kidzania Operations, S.a.r.l...(Caldwell, Christopher) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 19 LETTER MOTION for Leave to File MODIFY FILED EXHIBIT addressed to Judge Andrew L. Carter, Jr. from Leonard H. MacPhee dated April 17, 2020. Document filed by E2W, LLC..(MacPhee, Leonard) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Christopher G. Caldwell to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Applicant shall file Certificates of Good Standing as soon as practicable. (Signed by Judge Andrew L. Carter, Jr on 4/17/2020) (va)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Jeanne Fugate to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. The Applicant shall file Certificates of Good Standing as soon as practicable. (Signed by Judge Andrew L. Carter, Jr on 4/17/2020) (va)
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Filing 16
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #15 Motion for Leonard H. MacPhee to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Leonard H. MacPhee is admitted to appear pro hac vice as counsel in the above-captioned matter for Plaintiff. IT IS SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/17/2020) (rj)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Leonard H. MacPhee to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 15 MOTION for Leonard H. MacPhee to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by E2W, LLC. (Attachments: #1 Affidavit Declaration ISO Motion, #2 Text of Proposed Order Proposed Order).(MacPhee, Leonard) |
| Filing 14 MOTION for Jeanne A. Fugate to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19455253. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Declaration of Jeanne A. Fugate, #2 Text of Proposed Order).(Fugate, Jeanne) |
| Filing 13 MOTION for Christopher G. Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19455113. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kidzania Operations, S.a.r.l.. (Attachments: #1 Declaration of Christopher G. Caldwell, #2 Text of Proposed Order).(Caldwell, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Christopher G. Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19455113. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Jeanne A. Fugate to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19455253. Motion and supporting papers to be reviewed by Clerk's Office staff.. PLEASE READ THE AFFIRMATION. COUNSEL WAS NOT ABLE TO OBTAIN THE CERTIFICATES OF GOOD STANDING AND INDICATED THEY WILL PROVIDE THE CERTIFICATES WHEN AVAILABLE. The document has been reviewed and there are no OTHER deficiencies. (ad) |
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Filing 12
ORDER: The Show Cause Hearing previously scheduled for April 21, 2020 at 11:00 am is ADJOURNED to May 1, 2020 at 1:00 pm. The parties should contact the Court at 1 (888) 363- 4749 on the date and time specified above and once prompted should dial the conference code 3768660. SO ORDERED. (Show Cause Hearing set for 5/1/2020 at 01:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/14/2020) (js)
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Filing 11
ORDER granting #9 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/14/2020) (rro)
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| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IPARKS, Inc., Corporate Parent Kidz LLC, Corporate Parent AEA LLC for E2W, LLC. Document filed by E2W, LLC..(Stanislaus, Darnell) |
| Set/Reset Deadlines: Responses due by 4/20/2020 Replies due by 5/1/2020. (rro) |
| Filing 9 LETTER MOTION for Extension of Time to File Opposition Brief from April 15, 2020 to April 20, 2020 addressed to Judge Andrew L. Carter, Jr. from Damien J. Marshall dated April 13, 2020. Document filed by Kidzania Operations, S.a.r.l...(Marshall, Damien) |
| Filing 8 NOTICE OF APPEARANCE by Damien Jerome Marshall on behalf of Kidzania Operations, S.a.r.l...(Marshall, Damien) |
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Filing 7
ORDER TO SHOW CAUSE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Show Cause Hearing set for 4/21/2020 at 11:00 AM before Judge Andrew L. Carter Jr. In light of the current health emergency, the Show Cause Hearing will be held via telephone. The Parties should contact the Court at 1 (888) 363-4749 on the date and time specified above and once prompted should dial the conference code 3768660. IT IS FURTHER ORDERED: that, sufficient reason having been shown, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, that: 1. Defendant and its agents, employees, and affiliated companies under its control are temporarily restrained and enjoined from terminating the Franchise Agreement, from taking any actions that would interfere with the continued operations of E2W, and from indicating to any third party that the Franchise Agreement has been terminated; and 2. Defendant and its agents, employees, and affiliated companies under its control are temporarily restrained and enjoined from otherwise upsetting or changing the status quo related to the operating relationship between the Franchisor and E2W until this matter and all claims that are asserted or may be asserted may be heard and decided. IT IS FURTHER ORDERED: 1. Plaintiff shall serve a copy of this Order and all supporting papers on Defendant or its counsel on or before 5:00 p.m. on April 10, 2020, by overnight mail and such service shall be deemed good and sufficient service; 2. Answering papers, if any shall be served upon the attorneys for Plaintiff by delivering copies thereof to their office or filing such documents on ECF on or before April 15, 2020. 3. Reply papers, if any, shall be served upon the attorneys for Defendant by delivering copies thereof to their office or filing such documents on ECF on or before April 17, 2020; and 4. The Parties shall also email courtesy copies of the documents listed above to the opposing party., Motions terminated: #6 EMERGENCY MOTION for Temporary Restraining Order . filed by E2W, LLC. (Signed by Judge Andrew L. Carter, Jr on 4/9/2020) (rj) Modified on 4/13/2020 (rj).
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| Filing 6 EMERGENCY MOTION for Temporary Restraining Order . Document filed by E2W, LLC. (Attachments: #1 Decl. of Leonard H. MacPhee, dated April 9, 2020, #2 Ex. A: Decl. of Greg Stevens, dated April 7, 2020, #3 Ex. B: Decl. of Ted Beaman, dated April 7, 2020, #4 Ex. C: Decl. of Keith Rubenstein, dated April 7, 2020, #5 Ex. D: Decl. of Gevork Sarkisyan, dated April 7, 2020, #6 Ex. E: De-Identification Actions Notice, dated April 3, 2020, #7 Plaintiff's Memorandum of Law iso of Application for TRO and Preliminary Injunction).(Levinson, Gabriel) |
| Filing 5 NOTICE OF APPEARANCE by Gabriel Levinson on behalf of E2W, LLC..(Levinson, Gabriel) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Kidzania Operations, S.a.r.l...(pne) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| Case Designated ECF. (pne) |
| ***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: 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Darnell Stybel Stanislaus. The party information for the following party/parties has been modified: E2W, LLC, Kidzania Operations, S.a.r.l.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to KidZania Operations, S.a.r.l., re: #1 Complaint. Document filed by E2W, LLC..(Stanislaus, Darnell) |
| Filing 2 CIVIL COVER SHEET filed..(Stanislaus, Darnell) |
| Filing 1 COMPLAINT against Kidzania Operations, S.a.r.l.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19350564)Document filed by E2W, LLC. (Attachments: #1 Ex. A: 4-3-20 Letter to KidZania Operations, S.a.r.l.).(Stanislaus, Darnell) |
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