CourtAlert.com, Inc. v. American LegalNet, Inc. et al
Defendant: Robert Loeb
Counter Defendant: CourtAlert.com, Inc.
Counter Claimant: Erez Bustan and American LegalNet, Inc.
3Rd Party Defendant: Yaniv Schiller
Case Number: 1:2020cv07739
Filed: September 18, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vernon S Broderick
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff

After docketing technology company CourtAlert.com, Inc. filed a lawsuit against its competitor American LegalNet, Inc. (ALN) in September of 2020 alleging seven causes of action: (1) trade secret misappropriation under the Defend Trade Secrets Act; (2) trade secret misappropriation under New York law; (3) breach of contract; (4) tortious interference with contract; (5) breach of fiduciary duty; (6) unfair competition; and (7) unjust enrichment, ALN responded with a motion asking the court to dismiss the lawsuit for failing to state a claim.

ALN referred to the lawsuit as a baseless and transparent effort to chill lawful competition by attempting to falsely paint ALN in a negative light and to inappropriately use the judicial system to make up for a failing business strategy. ALN also contends that CourtAlert failed to allege that it had suffered any damages or lost any business, nor did they seek an injunction to require the return of any alleged confidential information, further hindering their claims.

In the original complaint CourtAlert alleged that ALN conspired to steal CourtAlert's confidential and proprietary information, including client lists, product offerings, and pricing details, even though the customer lists and contacts are commonly known or easily available from public sources or a simple internet search. Meanwhile, CourtAlert's own website contains exhaustive information regarding its products and extensive pricing information, thereby further undermining their claims of "trade secrets."

Both parties have filed supplemental motions and responses arguing the validity of the claims and which legal standards should apply and are awaiting the Court's decision on the pending motion to dismiss.

Docket Report

This docket was last retrieved on October 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2021 Filing 45 LETTER addressed to Magistrate Judge Debra C. Freeman from Robert H. Bernstein dated October 25, 2021 re: Discovery Issues. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
October 1, 2021 Filing 44 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Robert H. Bernstein/Jason C. Cyrulnik dated 10/01/2021 re: Settlement discussions. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(Bernstein, Robert)
September 29, 2021 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Erez Bustan, American LegalNet, Inc., Robert Loeb. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 9/29/2021) (ks)
September 28, 2021 Filing 42 LETTER addressed to Magistrate Judge Debra C. Freeman from Robert H. Bernstein dated September 28, 2021 re: Joint Status Report Deadline. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
September 14, 2021 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 9/14/2021. Joint Status Letter due by 9/30/2021. (aba)
August 6, 2021 Opinion or Order Filing 41 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement conference. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Vernon S. Broderick on 8/6/2021) (vfr)
August 2, 2021 Filing 40 LETTER addressed to Judge Vernon S. Broderick from Robert H. Bernstein dated August 2, 2021 re: Request for Mandatory Settlement Conference. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
June 21, 2021 Filing 39 MEMO ENDORSEMENT on re: #38 Letter filed by Erez Bustan, American LegalNet, Inc., Robert Loeb. ENDORSEMENT: Defendants' motions to dismiss, (Docs.15, 28), remain under review at this time. (Signed by Judge Vernon S. Broderick on 6/21/2021) (nb)
June 4, 2021 Filing 38 LETTER addressed to Judge Vernon S. Broderick from Robert H. Bernstein dated June 4, 2021 re: Pending motions to dismiss. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(Bernstein, Robert)
April 27, 2021 Opinion or Order Filing 37 ORDER granting #21 Motion for Robert H. Bernstein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
April 13, 2021 Opinion or Order Filing 36 MEMO ENDORSEMENT withdrawing #32 Letter Motion for Conference re: #32 LETTER MOTION for Conference re anticipated motion to withdraw as counsel for Plaintiff addressed to Judge Vernon S. Broderick from Joseph M. Delich dated April 2, 2021. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/13/2021) (kv)
April 13, 2021 Opinion or Order Filing 35 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, The substitution of attorney is hereby approved and SO ORDERED. Attorney Jason Colin Cyrulnik for CourtAlert.com, Inc.,Jason Colin Cyrulnik for CourtAlert.com, Inc.,Jason Colin Cyrulnik for Yaniv Schiller added. Attorney Joseph Michael Delich terminated. (Signed by Judge Vernon S. Broderick on 4/13/2021) (kv)
April 8, 2021 Filing 34 NOTICE of Withdrawal of the Motion to Withdraw. Document filed by CourtAlert.com, Inc...(Delich, Joseph)
April 8, 2021 Filing 33 PROPOSED CONSENT ORDER. Document filed by CourtAlert.com, Inc...(Delich, Joseph)
April 2, 2021 Filing 32 LETTER MOTION for Conference re anticipated motion to withdraw as counsel for Plaintiff addressed to Judge Vernon S. Broderick from Joseph M. Delich dated April 2, 2021. Document filed by CourtAlert.com, Inc...(Delich, Joseph)
February 16, 2021 Filing 31 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Defendant Robert Loebs counterclaims and third-party complaint. . Document filed by CourtAlert.com, Inc., Yaniv Schiller..(Cyrulnik, Jason)
January 29, 2021 Filing 30 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss Defendant Robert Loebs counterclaims and third-party complaint. . Document filed by Robert Loeb..(O'Connor, Ryan)
January 8, 2021 Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Defendant Robert Loebs counterclaims and third-party complaint. . Document filed by CourtAlert.com, Inc., Yaniv Schiller..(Cyrulnik, Jason)
January 8, 2021 Filing 28 MOTION to Dismiss Defendant Robert Loebs counterclaims and third-party complaint. Document filed by CourtAlert.com, Inc., Yaniv Schiller..(Cyrulnik, Jason)
December 17, 2020 Opinion or Order Filing 27 ORDER granting #25 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/17/2020) (ks)
December 17, 2020 Set/Reset Deadlines: Motions due by 1/8/2021. Responses due by 1/29/2021 Replies due by 2/16/2021. (ks)
December 16, 2020 Filing 26 REPLY MEMORANDUM OF LAW in Support re: #16 AMENDED MOTION to Dismiss . . Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
December 16, 2020 Filing 25 FIRST LETTER MOTION for Extension of Time to File Answer re: #12 Counterclaim addressed to Judge Vernon S. Broderick from Joseph M. Delich dated 12/16/2020. Document filed by CourtAlert.com, Inc., Yaniv Schiller..(Delich, Joseph)
December 9, 2020 Filing 24 MEMORANDUM OF LAW in Opposition re: #16 AMENDED MOTION to Dismiss . . Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason)
December 9, 2020 Filing 23 JOINT LETTER addressed to Judge Vernon S. Broderick from Robert H. Bernstein and Jason Cyrulnik dated December 9, 2020 re: December 1, 2020 Memo Endorsement. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
December 9, 2020 Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason)
December 9, 2020 Filing 21 MOTION for Robert H. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22954963. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb. (Attachments: #1 Affidavit of Robert H. Bernstein, #2 Exhibit A; Certificate of Good Standing - NJ, #3 Exhibit B; Certificate of Good Standing - MO, #4 Text of Proposed Order).(Bernstein, Robert)
December 9, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Robert H. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22954963. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 2, 2020 Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American LegalNet, Inc...(O'Connor, Ryan)
November 30, 2020 Opinion or Order Filing 19 MEMO ENDORSEMENT on MOTION TO REMOVE AND/OR SEAL INCORRECTLY FILED DOCUMENT. ENDORSEMENT: Application granted. So ordered. The Clerk of Court is directed to terminate Doc. 11. In accordance with Rule 5.B of my Individual Rules, the parties are directed to meet and confer with regard to the redacted document and file a joint letter explaining the reasons for seeking to file the document in redacted form by December 9, 2020. Granting #14 Motion to Seal. (Signed by Judge Vernon S. Broderick on 11/30/2020) (rjm)
November 30, 2020 Filing 18 DECLARATION of Robert Loeb in Support re: #16 AMENDED MOTION to Dismiss .. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb. (Attachments: #1 Exhibit A, #2 Exhibit B).(O'Connor, Ryan)
November 30, 2020 Filing 17 MEMORANDUM OF LAW in Support re: #16 AMENDED MOTION to Dismiss . . Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
November 30, 2020 Filing 16 AMENDED MOTION to Dismiss . Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb. Responses due by 12/9/2020.(O'Connor, Ryan)
November 30, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ryan Patrick O'Connor to RE-FILE Document #11 MOTION to Dismiss ., #15 AMENDED MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
November 25, 2020 Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION to Dismiss . Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb. Responses due by 12/9/2020 (Attachments: #1 Memorandum of Law, #2 Declaration of Robert Loeb, #3 Exhibit A to Loeb Declaration, #4 Exhibit B to Loeb Declaration).(O'Connor, Ryan) Modified on 11/30/2020 (ldi).
November 25, 2020 Filing 14 MOTION to Seal Document 11-4. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan)
November 25, 2020 Filing 13 THIRD PARTY COMPLAINT against Yaniv Schiller.Document filed by Robert Loeb..(O'Connor, Ryan)
November 25, 2020 Filing 12 COUNTERCLAIM against CourtAlert.com, Inc..Document filed by Robert Loeb, Erez Bustan, American LegalNet, Inc...(O'Connor, Ryan)
November 25, 2020 Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb. Responses due by 12/9/2020 (Attachments: #1 Memorandum of Law, #2 Declaration of Robert Loeb, #3 Exhibit Exhibit A to Loeb Declaration, #4 Exhibit Exhibit B to Loeb Declaration).(O'Connor, Ryan) Modified on 11/30/2020 (ldi).
September 21, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED as to Robert Loeb. (sj)
September 21, 2020 Filing 9 ELECTRONIC SUMMONS ISSUED as to Erez Bustan. (sj)
September 21, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to American LegalNet, Inc.. (sj)
September 21, 2020 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. (sj)
September 21, 2020 Case Designated ECF. (sj)
September 21, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj)
September 18, 2020 Filing 7 NOTICE OF APPEARANCE by Joseph Michael Delich on behalf of CourtAlert.com, Inc...(Delich, Joseph)
September 18, 2020 Filing 6 NOTICE OF APPEARANCE by Paul Fattaruso, II on behalf of CourtAlert.com, Inc...(Fattaruso, Paul)
September 18, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Loeb, re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason)
September 18, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Erez Bustan, re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason)
September 18, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to American LegalNet, Inc., re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason)
September 18, 2020 Filing 2 CIVIL COVER SHEET filed..(Cyrulnik, Jason)
September 18, 2020 Filing 1 COMPLAINT against American LegalNet, Inc., Erez Bustan, Robert Loeb. (Filing Fee $ 400.00, Receipt Number ANYSDC-21736067)Document filed by CourtAlert.com, Inc.. (Attachments: #1 Exhibit A).(Cyrulnik, Jason)
September 18, 2020 Filing 1 COMPLAINT against American LegalNet, Inc., Erez Bustan, Robert Loeb. (Filing Fee $ 400.00, Receipt Number ANYSDC-21736067)Document filed by CourtAlert.com, Inc.. (Attachments: # 1 Exhibit A).(Cyrulnik, Jason)

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Counter defendant: CourtAlert.com, Inc.
Represented By: Joseph Michael Delich
Represented By: Paul Fattaruso, II
Represented By: Jason Colin Cyrulnik
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Defendant: Robert Loeb
Represented By: Ryan Patrick O'Connor
Represented By: Robert Harris Bernstein
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Counter claimant: Erez Bustan
Represented By: Ryan Patrick O'Connor
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Counter claimant: American LegalNet, Inc.
Represented By: Ryan Patrick O'Connor
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3rd party defendant: Yaniv Schiller
Represented By: Joseph Michael Delich
Represented By: Jason Colin Cyrulnik
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