HC2, Inc. v. Delaney
| HC2, Inc. |
| Andrew Delaney |
| 1:2020cv03178 |
| April 22, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Both |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 68
MEMORANDUM OF LAW in Opposition re: #61 MOTION to Dismiss Defendant-Counter Claimant's Counterclaims. . Document filed by Andrew Delaney..(Rotman, Robert)
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Filing 67
DECLARATION of Robert Rotman in Opposition re: #61 MOTION to Dismiss Defendant-Counter Claimant's Counterclaims.. Document filed by Andrew Delaney. (Attachments: #1 Exhibit A Tab, #2 Exhibit A, #3 Exhibit B Tab, #4 Exhibit B).(Rotman, Robert)
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Filing 66
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/27/2020 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)
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Filing 65
TRANSCRIPT of Proceedings re: CONFERNCE held on 5/27/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Steven Griffing, (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 7/6/2020. Redacted Transcript Deadline set for 7/16/2020. Release of Transcript Restriction set for 9/14/2020..(McGuirk, Kelly)
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Filing 64
LETTER addressed to Judge Lewis J. Liman from Robert Rotman, Esq. dated June 4, 2020 re: Response to Letter of Ronald Rossi, Esq. dated June 3, 2020. Document filed by Andrew Delaney..(Rotman, Robert)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #60 Proposed Order was reviewed and approved as to form. (km)
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Filing 63
DECLARATION of Ronald R. Rossi in Support re: #61 MOTION to Dismiss Defendant-Counter Claimant's Counterclaims.. Document filed by HC2, Inc.. (Attachments: #1 Exhibit A: March 17 Email).(Rossi, Ronald)
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Filing 62
MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss Defendant-Counter Claimant's Counterclaims. . Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 61
MOTION to Dismiss Defendant-Counter Claimant's Counterclaims. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 60
PROPOSED ORDER. Document filed by HC2, Inc.. Related Document Number: [50 and 52]..(Rossi, Ronald) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 59
LETTER addressed to Judge Lewis J. Liman from Ronald R. Rossi dated June 3, 2020 re: Parties Meet And Confer. Document filed by HC2, Inc...(Rossi, Ronald)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 5/27/2020 in re: Docket #43 MOTION for Preliminary Injunction filed by HC2, Inc. Ronald Rossi, Ann St. Peter-Griffith, and Andrew Muir present by telephone for Plaintiff. Robert Rotman present by telephone for Defendant. Court reporter present by telephone. The Court rendered a decision on Plaintiff's motion and denied the application for a Preliminary Injunction. The Court finds that Plaintiff has not met its burden for a preliminary injuntion based on two independent reasons and the motion is denied. Plaintiff has failed to show a likelihood of success on the merits and failed to demonstrate a threat of irreparable harm. See Transcript. (mf)
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Filing 58
LETTER addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 27, 2020 re: Furtherance of the Courts Request for Additional Authority. Document filed by HC2, Inc.. (Attachments: #1 Exhibit A- Cases Cited).(Rossi, Ronald)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 5/26/2020 by Telephone Conference re: #43 MOTION for Preliminary Injunction filed by HC2, Inc. Ronald Rossi and Ann St. Peter-Griffith present by telephone for Plaintiff. Robert Rotman present by telephone for Defendant. Court reporter present by telephone. Court heard arguments from both Plaintiff and Defendant. Decision reserved by the Court. Plaintiff's counsel directed to order transcript on an expedited basis. See Transcript. Judge to issue ruling on Plaintiff's motion for a Preliminary Injunction by telephone conference set for May 27, 2020 at 12:00PM. Parties are directed to dial-in to the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (mf)
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Set/Reset Hearings: Telephone Conference set for 5/27/2020 at 12:00 PM before Judge Lewis J. Liman. (mf)
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Filing 57
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 56
MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction . (Corrected Redacted). Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 55
CERTIFICATE OF SERVICE of Memorandum of Law in Support of Plaintiffs Motion for a Preliminary Injunction, Declaration of Ronald R. Rossi, Declaration of Stephanos Zannikos, Declaration of Michael Heyison, [Proposed] Findings of Fact and Conclusions of Law on May 22, 2020. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 54
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Andrew Delaney..(Rotman, Robert)
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Filing 52
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction . . Document filed by HC2, Inc., Andrew Delaney. Motion or Order to File Under Seal: 41 .(Rossi, Ronald)
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Filing 51
MEMORANDUM OF LAW in Opposition re: #43 MOTION for Preliminary Injunction . Defendant's Memorandum of Law and Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by Andrew Delaney. (Attachments: #1 Exhibit Tab 1, #2 Exhibit Case Docket, #3 Exhibit Tab 2, #4 Exhibit Rule1.6).(Rotman, Robert)
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Filing 50
***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by HC2, Inc., Andrew Delaney.Motion or Order to File Under Seal: 41 .(Rossi, Ronald)
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Filing 48
***SELECTED PARTIES***DECLARATION of Ronald R. Rossi in Support re: #43 MOTION for Preliminary Injunction .. Document filed by HC2, Inc., Andrew Delaney. (Attachments: #1 Exhibit A: Zannikos Tr., #2 Exhibit B: Heyison Tr., #3 Exhibit C: Response to RFA, #4 Exhibit D: 4/22 email)Motion or Order to File Under Seal: 41 .(Rossi, Ronald)
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Filing 47
DECLARATION of Ronald R. Rossi in Support re: #43 MOTION for Preliminary Injunction .. Document filed by HC2, Inc.. (Attachments: #1 Exhibit A: Zannikos Tr., #2 Exhibit B: Heyison Tr., #3 Exhibit C: Response to RFA, #4 Exhibit D: 4/22 email).(Rossi, Ronald)
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Filing 46
***SELECTED PARTIES***DECLARATION of Stephanos Zannikos in Support re: #43 MOTION for Preliminary Injunction .. Document filed by HC2, Inc., Andrew Delaney. (Attachments: #1 Exhibit A December 28, 2016 Executed Employment Agreement, #2 Exhibit B December 28, 2016 Executed Contract Employee Conduct Rules, #3 Exhibit C December 18, 2014 Employee Handbook (Part 1), #4 Exhibit C December 18, 2014 Employee Handbook (Part 2), #5 Exhibit D December 28, 2016 Executed Employment Policies, #6 Exhibit E September 25, 2019 Executed Agreement, #7 Exhibit F September 11, 2019 Email, #8 Exhibit G September 11, 2019 Email, #9 Exhibit H September 11, 2019 Email, #10 Exhibit I September 12, 2019 Email, #11 Exhibit J September 13, 2019 Email, #12 Exhibit K September 12, 2019 Email, #13 Exhibit L September 19, 2019 Email, #14 Exhibit M February 21, 2020 Email, #15 Exhibit N September 30, 2019 Executed Confidentiality Agreement, #16 Exhibit O September 30, 2019 Executed Temporary Services Agreement, #17 Exhibit P October 1, 2019 Email, #18 Exhibit Q March 2, 2020 Email, #19 Exhibit R March 12, 2020 Email, #20 Exhibit S March 17, 2020 Email, #21 Exhibit T March 17, 2020 Email, #22 Exhibit U March 18, 2020 Email, #23 Exhibit V March 19, 2020 Email, #24 Exhibit W March 27, 2020 Email, #25 Exhibit X March 27, 2020 Email, #26 Exhibit Y March 30, 2020 Email, #27 Exhibit Z April 7, 2020 Letter)Motion or Order to File Under Seal: 40 .(Rossi, Ronald)
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Filing 45
DECLARATION of Stephanos Zannikos in Support re: #43 MOTION for Preliminary Injunction .. Document filed by HC2, Inc.. (Attachments: #1 Exhibit A: December 28, 2016 Executed Employment Agreement, #2 Exhibit B December 28, 2016 Executed Contract Employee Conduct Rules, #3 Exhibit C December 18, 2014 Employee Handbook (Part 1), #4 Exhibit C December 18, 2014 Employee Handbook (Part 2), #5 Exhibit D December 28, 2016 Executed Employment Policies, #6 Exhibit E September 25, 2019 Executed Agreement, #7 Exhibit F September 11, 2019 Email, #8 Exhibit G September 11, 2019 Email, #9 Exhibit H September 11, 2019 Email, #10 Exhibit I September 12, 2019 Email, #11 Exhibit J September 13, 2019 Email, #12 Exhibit K September 12, 2019 Email, #13 Exhibit L September 19, 2019 Email, #14 Exhibit M February 21, 2020 Email, #15 Exhibit N September 30, 2019 Executed Confidentiality Agreement, #16 Exhibit O September 30, 2019 Executed Temporary Services Agreement, #17 Exhibit P October 1, 2019 Email, #18 Exhibit Q March 2, 2020 Email, #19 Exhibit R March 12, 2020 Email, #20 Exhibit S March 17, 2020 Email, #21 Exhibit T March 17, 2020 Email, #22 Exhibit U March 18, 2020 Email, #23 Exhibit V March 19, 2020 Email, #24 Exhibit W March 27, 2020 Email, #25 Exhibit X March 27, 2020 Email, #26 Exhibit Y March 30, 2020 Email, #27 Exhibit Z April 7, 2020 Letter).(Rossi, Ronald)
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Filing 44
DECLARATION of Michael R. Heyison in Support re: #43 MOTION for Preliminary Injunction .. Document filed by HC2, Inc.. (Attachments: #1 Exhibit 1: Resume of Andrew Delaney, #2 Exhibit 2: September 30, 2019 Executed Confidentiality Agreement, #3 Exhibit 3: March 18, 2020 Email, #4 Exhibit 4: March 27, 2020 Email, #5 Exhibit 5: March 27, 2020 Email, #6 Exhibit 6: March 27, 2020 Email, #7 Exhibit 7: March 27, 2020 Email, #8 Exhibit 8: April 14, 2020 Email).(Rossi, Ronald)
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Filing 43
MOTION for Preliminary Injunction . Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 42
LETTER addressed to Judge Lewis J. Liman from Robert Rotman, Esq. dated May 20, 2020 re: Plaintiff's Mischaracterization of Exhibits attached to the Declaration of Robert Rotman in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by Andrew Delaney..(Rotman, Robert)
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Filing 41
ORDER The Court previously ordered that the Parties make certain filings by 5:00 p.m. on May 22, 2020 (see Dkt. No. 25). This order is to clarify the manner of filing: All submissions should be filed electronically on the public docket. Paragraphs and exhibits ordered to be filed under seal (see Dkt. No. 40) should be redacted in such public filings. Additional copies of filings ordered to be made under seal should be filed under seal, without redaction, according to the Court's instructions for making such filings, available on the Court's website at https://nysd.uscourts.gov/sites/default/files/pdf/ecf_training/SDNY%20Sealed% 20Filing%20in%20ECF.pdf. If either Party needs further assistance, they can contact the Court's helpdesk at helpdesk@nysd.uscourts.gov. The Parties are directed to meet and confer regarding their respective submissions, and among other things should determine which Party or Parties will be responsible for filing any deposition transcripts. Should either Party believe that any part of a filing should be made under seal even if the Court has not previously ordered that such part be sealed then that part should be redacted in the public filing and an unredacted copy should be filed under seal regardless of the Party seeking confidentiality. The Party seeking confidentiality shall file a letter supporting such request in conformance with the rules of this Court. The Parties need not submit a hard copy of any filing. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (wt)
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Filing 40
ORDER granting #34 and #37 Letter Motions to SealPlaintiff's letter-motions (Dkt. Nos. 34 and 37) to seal certain exhibits to the Zannikos declaration and paragraphs of and exhibits to the Rotman declaration are GRANTED. The referenced exhibits and paragraphs shall be filed under seal for the Court's review. After filing, the Court will determine whether the documents should be unsealed and made public. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 39
DECLARATION of Stephanos Zannikos re: #37 LETTER MOTION to Seal exhibits E, L, S, U and Z to the Declaration of Stephanos Zannikos addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 19, 2020. (Redacted). Document filed by HC2, Inc.. (Attachments: #1 Exhibit E Agreement, #2 Exhibit L 9/19/19 email, #3 Exhibit S 3/17/20 email, #4 Exhibit U 3/18/20 email, #5 Exhibit Z April 7, 2020 email).(Rossi, Ronald)
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Filing 37
LETTER MOTION to Seal exhibits E, L, S, U and Z to the Declaration of Stephanos Zannikos addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 19, 2020. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 35
***SELECTED PARTIES***AFFIRMATION of Robert Rotman re: #34 LETTER MOTION to Seal Exhibits to Declaration Robert Rotman addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 19, 2020. . Document filed by HC2, Inc., Andrew Delaney. (Attachments: #1 Exhibit A - Map, #2 Exhibit B Press Release, #3 Exhibit C News Article, #4 Exhibit D News Article, #5 Exhibit E News Article, #6 Exhibit F News Article, #7 Exhibit G News Article, #8 Exhibit H News Article, #9 Exhibit I News Article, #10 Exhibit J Google Images Search Results, #11 Exhibit K Online Profile, #12 Exhibit L Press Release, #13 Exhibit M News Article, #14 Exhibit N Press Release, #15 Exhibit O News Article, #16 Exhibit P News Article, #17 Exhibit Q News Article, #18 Exhibit R News Article, #19 Exhibit S News Article, #20 Exhibit T News Article, #21 Exhibit U News Article, #22 Exhibit V News Article, #23 Exhibit W News Article, #24 Exhibit X News Article, #25 Exhibit Y Google Search Results, #26 Exhibit Z - Advertisement, #27 Exhibit AA Internet Promotion, #28 Exhibit BB Internet Search Results, #29 Exhibit CC Google Search Results, #30 Exhibit DD Blog Post, #31 Exhibit EE Online Profile, #32 Exhibit FF Website Printout, #33 Exhibit GG - Notice, #34 Exhibit HH News Article, #35 Exhibit II LinkedIn Printout, #36 Exhibit JJ Business Registration Information, #37 Errata KK Excerpt of Online Business Information, #38 Exhibit LL - Business Registration Information, #39 Exhibit MM - Business Registration Information, #40 Exhibit NN - Business Registration Information, #41 Exhibit OO - Business Registration Information, #42 Exhibit PP - Business Registration Information, #43 Exhibit QQ - Business Registration Information, #44 Exhibit RR Google Map, #45 Exhibit SS News Article, #46 Exhibit TT Attorney License Search Results)Motion or Order to File Under Seal: #34 .(Rossi, Ronald)
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Filing 34
LETTER MOTION to Seal Exhibits to Declaration Robert Rotman addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 19, 2020. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 33
ORDER CORRECTED ORDER. The Order at Dkt. No. 32 misidentified "Defendant" as "Plaintiff." To avoid confusion: Defendant's application to strike the declaration (Dkt. No. 28) is denied. Defendant may inquire into the facts regarding the preparation of the declaration including whether any changes were made to the document after the 5:00 p.m. deadline and whether the declarant had information about Defendants declaration when declarant was drafting his declaration. Upon a showing of prejudice, Defendant may also make an application to supplement its declaration. SO ORDERED. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (wt)
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Filing 32
ORDER denying #28 Letter Motion for DiscoveryApplication to strike the declaration denied. Plaintiff may inquire into the facts regarding the preparation of the declaration including whether any changes were made to the document after the 5:00 p.m. deadline and whether the declarant had information about plaintiffs declaration when declarant was drafting his declaration. Upon a showing of prejudice, plaintiff may also make an application to supplement its declaration. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 31
LETTER addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 18, 2020 re: defendant Andrew Delaneys letter requesting that the Court preemptively strike the declaration of Michael Heyison, the Co-General Counsel of Wilmer Cutler Pickering Hale and Dorr LLP. Document filed by HC2, Inc.. (Attachments: #1 Exhibit May 17, 2020 Heyison Declaration).(Rossi, Ronald)
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Filing 30
ORDER denying #27 Letter Motion for Leave to File Document. Application denied. Documents based upon which plaintiff seeks to obtain an adjudication are presumptively public documents. See Lugosch v. Pyramid Co. 435 F.3d 110, 121-27 (2d. Cir. 2006). Plaintiff may support its application for injunctive relief based on any admissible relevant evidence. If it submits the Florida Complaint, the court will decide any application for sealing based upon the principles set forth in Lugosch. Plaintiff's reliance on cases involving in camera review of privileged documents - where the documents are not offered as a basis for injunctive relief - is inapposite. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/18/2020) (va)
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Filing 29
ORDER with respect to #28 Motion for DiscoveryORDERED that Plaintiff shall respond to the letter-motion filed by Defendant on May 15, 2020 (see Dkt. No. 28) no later than 1:00 p.m. today. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 28
LETTER MOTION for Discovery To Reject Heyisson Declaration in Support of Preliminary Injunction addressed to Judge Lewis J. Liman from Robert Rotman, Esq. dated 05/15/2020. Document filed by Andrew Delaney..(Rotman, Robert)
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Filing 27
LETTER MOTION for Leave to File /submit the complaint Defendant filed in a Florida court (the Florida Complaint) for in camera review addressed to Judge Lewis J. Liman from Ronald R. Rossi dated May 15, 2020. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 26
ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against HC2, Inc.. Document filed by Andrew Delaney. (Attachments: #1 Supplement Verification).(Rotman, Robert)
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Filing 25
ORDER: It is HEREBY ORDERED that: 1. No later than 5:00 p.m. on May 22, 2020, the Parties shall file on ECF submissions supporting and opposing Plaintiff's motion for a preliminary injunction to include (a) all evidence that such Party intends to rely on to support or oppose (as the case may be) the motion for a preliminary injunction; (b) memoranda in support and in opposition to the motion for a preliminary injunction; and (c) proposed findings of fact and conclusions of law. 2. By agreement of the Parties, the Court will receive testimony in support of and in opposition to the motion for a preliminary injunction in the form of declarations (or affidavits) of the witnesses submitted by the proponent of the witness containing the direct testimony of such witness and deposition testimony to be taken prior to the hearing containing any cross-examination or re-direct examination. 3. The Court will hold a hearing on the motion for a preliminary injunction limited to oral argument on Tuesday, May 26, 2020, at 1:00 p.m. by TELEPHONE CONFERENCE. Parties are directed to call the Court's conference line at 888-2512909 and dial access code 2123101. 4. The Parties are directed to the Court's Individual Practices with respect to the submission of confidential material under seal. Without need to make a further application to the Court, either party may submit a letter brief not to exceed three singled-spaced pages with respect to the filing of confidential material on or before the May 22, 2020 submission date, recognizing that if the letter brief is submitted too close to the May 22, 2020 date for the Court to give it proper attention, the brief will not be ruled upon and the parties will be required to follow the procedures set forth in the Court's individual practices. SO ORDERED. ( Responses due by 5/22/2020, Telephone Conference set for 5/26/2020 at 01:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/7/2020) (va)
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Filing 24
CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Motions due by 6/30/2020. Fact Discovery due by 9/3/2020. Depositions of fact witness for the remainder of the case shall be completed by 9/14/2020. Expert Discovery due by 11/16/2020. Deposition due by 11/16/2020. Discovery due by 11/30/2020. The parties have conferred and their present best estimate of the length of trial: Four Days. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/7/2020) (va)
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Lewis J. Liman on 5/7/2020) (rj)
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Filing 22
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Lewis J. Liman on 5/7/2020) (ks)
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Filing 21
ORDER granting #15 Motion for Robert Rotman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Status Conference held on 5/6/2020. Ronald Rossi, Ann St. Peter-Griffith, and Andrew Muir present by telephone for Plaintiff. Robert Rotman present by telephone for Defendant. Parties to be referred to Magistrate Judge for settlement. Telephonic Oral Argument set for May 26, 2020 at 1:00PM before Judge Lewis J. Liman. Parties are directed to dial-in to the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. (mf)
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Set/Reset Hearings: Telephonic Oral Argument set for 5/26/2020 at 01:00 PM before Judge Lewis J. Liman. (mf)
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Filing 20
PROPOSED PROTECTIVE ORDER. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 19
PROPOSED ORDER. Document filed by HC2, Inc...(Rossi, Ronald) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 18
PROPOSED CASE MANAGEMENT PLAN. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 17
PROPOSED CASE MANAGEMENT PLAN. Document filed by Andrew Delaney..(Rotman, Robert)
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Filing 16
NOTICE OF APPEARANCE by Robert Rotman on behalf of Andrew Delaney..(Rotman, Robert)
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Filing 15
ORAL MOTION for (Affirmation of Robert Rotman in Support of Motion to Appear Pro Hac Vice) to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Delaney..(Rotman, Robert) (Additional attachment(s) added on 5/23/2020: #1 Affidavit, #2 Certificate of Good Standing) (ad).
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (ad)
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Pro Hac Vice Fee Payment: Filing fee $ 200.00, receipt number ANYSDC-19649937..(Delaney, Andrew)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Telephonic Oral Argument held on 4/29/2020 re: #5 Proposed Order to Show Cause With Emergency Relief filed by HC2, Inc. Ronald Rossi, Ann St. Peter-Griffith, and Stephanos Zannikos present by telephone for Plaintiff. Robert Rotman present by telephone for Defendant. Court reporter present by telephone. Application to appear Pro Hac Vice by Defense counsel, Robert Rotman, granted. Arguments heard from Plaintiff and Defendant. Decision reserved by the Court. Order to follow. (mf)
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Filing 14
TEMPORARY RESTRAINING ORDER: It is hereby: ORDERED that: a. Starting immediately from the time of the Hearing, the Defendant is temporarily restrained from divulging any information that is privileged, confidential or protected by his non-disclosure and/or employment agreement(s) with the Plaintiff, and that he learned through his employment with Plaintiff. b. This Court finds that in light of the current COVID-19 climate and Defendant's related out-of-state unavailability, good cause exists to extend this temporary restraining through and including May 27, 2020; c. The parties shall appear for a status telephonic status conference, by dialing the Court's conference line at 888-251-2909 (access code 2123101), at 12:00 p.m. on May 6, 2020 to discuss the scheduling of a preliminary injunction hearing and the scheduling of other matters relating to this case on a going forward basis; d. The parties shall confer, and by 5:00 p.m. on Monday, May 4, 2020 submit a proposed case management plan with respect to discovery generally; and, e. In preparation for a preliminary injunction hearing on the matters raised in Plaintiff's PI Motion, expedited discovery is permitted; the parties shall have the right to take discovery on an expedited basis in advance of the preliminary injunction hearing. SO ORDERED. ( Telephone Conference set for 5/6/2020 at 12:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/29/2020) (va)
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Filing 13
DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re: #10 LETTER MOTION for Oral Argument to determine whether Defendant should be temporarily restrained pending a decision on Plaintiffs Preliminary Injunction Application addressed to Judge Lewis J. Liman from Ronald R. Rossi dated April 27, 2020. Document filed by Andrew Delaney. (va)
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Filing 12
ORDER: Defendant shall have until 9:00 a.m. on Wednesday, April 29 to submit a written opposition to Plaintiff's Motion for a Temporary Restraining Order. Recognizing the expedited nature of the briefing schedule, both parties will be given ample time at oral argument to describe the relevant facts and their legal argument, and the Court will duly consider requests for supplemental briefing as appropriate. A copy of this order will be sent to the Parties by email. SO ORDERED. ( Responses due by 4/29/2020) (Signed by Judge Lewis J. Liman on 4/28/2020) (va)
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Filing 11
ORDER granting #10 Letter Motion for Oral Argument. A hearing on Plaintiff's Motion for a Temporary Restraining Order shall take place on Wednesday, April 29, 2020 at 12:00 p.m. by TELEPHONE CONFERENCE. Parties are directed to call the Court's conference line at 888-251-2909 and dial access code 2123101. A copy of this order will be sent by email to both Parties. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf)
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Filing 10
LETTER MOTION for Oral Argument to determine whether Defendant should be temporarily restrained pending a decision on Plaintiffs Preliminary Injunction Application addressed to Judge Lewis J. Liman from Ronald R. Rossi dated April 27, 2020. Document filed by HC2, Inc...(Rossi, Ronald)
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Set/Reset Hearings: Telephonic Oral Argument set for 4/29/2020 at 12:00 PM before Judge Lewis J. Liman. (mf)
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Filing 9
MEMO ENDORSEMENT on re: #5 Proposed Order to Show Cause With Emergency Relief filed by HC2, Inc. ENDORSEMENT: Plaintiff's request for ex parte relief is DENIED. An ex parte grant of a TRO is "an emergency procedure" that is "appropriate only where irreparable injury will be caused absent prompt judicial intervention in circumstances where the adversary cannot be contacted, or where advance contact with the adversary would itself he likely to trigger irreparable injury." Dama S.P.A. v. Does, 2015 WL 10846737, at *1 (S.D.N.Y. June 15, 2015) (quoting Little Tor Auto Ctr. v. Exxon Co., USA, 822 F. Supp. 141, 143 (S.D.N.Y.1993)) (emphasis omitted). Plaintiff has not made the requisite showing either that defendant cannot be contacted or that notice on Defendant would be likely to trigger injury. Plaintiff's motion for ex parte relief avers to a fear that, upon notice, defendant who is a lawyer admitted to the bar -- will "effectively partially moot the request by publicly disseminating client confidences before he is subjected to an order of [the] Court..." (Pl. Mem., Dkt. No. 7, at 10.) But, if defendant is a member of the Bar, he surely is aware that the disclosure of client confidences without consent can subject him to severe remedies with respect to his ability to practice law. If, in fact, he has disclosed client confidences in the past (a matter as to which the Court makes no finding), the filing of this lawsuit and this Order itself should put him on notice that future improper disclosures can be met with the most severe sanctions. That should be enough deterrent to make future disclosures of attorney-client confidences unlikely. If it is not enough, the Court doubts that any court order would be sufficient. IT IS ORDERED that Plaintiff shall provide notice of the application for a temporary restraining order and preliminary injunction on Defendant and meet and confer with Defendant within 24 hours of giving notice (including weekends) on a proposed schedule for briefing and hearing on the application. Immediately after meeting and conferring, the parties shall file a proposed schedule with the Court on ECF. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/22/2020) (va)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Andrew Delaney..(jgo)
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Filing 7
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 6
DECLARATION of Ronald R. Rossi in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by HC2, Inc...(Rossi, Ronald) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Delaney, re: #1 Complaint. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HCMC Legal, Inc. for HC2, Inc.. Document filed by HC2, Inc...(Rossi, Ronald)
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Filing 2
CIVIL COVER SHEET filed..(Rossi, Ronald)
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Filing 1
COMPLAINT against Andrew Delaney. (Filing Fee $ 400.00, Receipt Number ANYSDC-19533307)Document filed by HC2, Inc...(Rossi, Ronald)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
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Case Designated ECF. (jgo)
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Magistrate Judge Kevin Nathaniel Fox 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)
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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..(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ronald Robert Rossi. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000;. (jgo)
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| Search for this case: HC2, Inc. v. Delaney | |
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| Defendant: Andrew Delaney | |
| Represented By: | Robert Rotman |
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| Plaintiff: HC2, Inc. | |
| Represented By: | Ronald Robert Rossi |
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