CourtAlert.com, Inc. v. American LegalNet, Inc. et al
| CourtAlert.com, Inc. |
| Robert Loeb, Erez Bustan and American LegalNet, Inc. |
| Yaniv Schiller |
| 1:2020cv07739 |
| September 18, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Debra C Freeman |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| 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
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Valerie Figueredo, for for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement conference. (laq) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (laq) |
| Filing 47 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Jason Cyrulnik dated January 12, 2021 re: Joint Status Letter re Settlement. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
Filing 46
AMENDED ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement conference. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Vernon S. Broderick on 11/12/2021) (kv) Modified on 11/15/2021 (kv).
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| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 11/12/2021. (aba) |
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The parties are directed to submit a joint status letter no later than 1/12/2022 to update the Court regarding the progress of their settlement efforts. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) (Freeman, Debra)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
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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)
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| 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) |
| 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) |
| 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) |
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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)
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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)
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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)
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| Filing 34 NOTICE of Withdrawal of the Motion to Withdraw. Document filed by CourtAlert.com, Inc...(Delich, Joseph) |
| Filing 33 PROPOSED CONSENT ORDER. Document filed by CourtAlert.com, Inc...(Delich, Joseph) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 28 MOTION to Dismiss Defendant Robert Loebs counterclaims and third-party complaint. Document filed by CourtAlert.com, Inc., Yaniv Schiller..(Cyrulnik, Jason) |
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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)
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| Set/Reset Deadlines: Motions due by 1/8/2021. Responses due by 1/29/2021 Replies due by 2/16/2021. (ks) |
| 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) |
| 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) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #16 AMENDED MOTION to Dismiss . . Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
| 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) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
| 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) |
| >>>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) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American LegalNet, Inc...(O'Connor, Ryan) |
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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)
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| 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) |
| 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) |
| 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) |
| ***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) |
| 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). |
| Filing 14 MOTION to Seal Document 11-4. Document filed by American LegalNet, Inc., Erez Bustan, Robert Loeb..(O'Connor, Ryan) |
| Filing 13 THIRD PARTY COMPLAINT against Yaniv Schiller.Document filed by Robert Loeb..(O'Connor, Ryan) |
| Filing 12 COUNTERCLAIM against CourtAlert.com, Inc..Document filed by Robert Loeb, Erez Bustan, American LegalNet, Inc...(O'Connor, Ryan) |
| 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). |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Robert Loeb. (sj) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Erez Bustan. (sj) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to American LegalNet, Inc.. (sj) |
| 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) |
| 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) |
| Case Designated ECF. (sj) |
| Filing 7 NOTICE OF APPEARANCE by Joseph Michael Delich on behalf of CourtAlert.com, Inc...(Delich, Joseph) |
| Filing 6 NOTICE OF APPEARANCE by Paul Fattaruso, II on behalf of CourtAlert.com, Inc...(Fattaruso, Paul) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Robert Loeb, re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Erez Bustan, re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to American LegalNet, Inc., re: #1 Complaint. Document filed by CourtAlert.com, Inc...(Cyrulnik, Jason) |
| Filing 2 CIVIL COVER SHEET filed..(Cyrulnik, Jason) |
| 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) |
| 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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