Intrepid Financial Partners, LLC v. Fernandez
| Intrepid Financial Partners, LLC |
| Antonio C. Fernandez |
| 1:2020cv09779 |
| November 20, 2020 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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Filing 112
MEMORANDUM OPINION AND ORDER: re: #62 MOTION to Dismiss for Lack of Jurisdiction filed by Antonio C. Fernandez, #43 MOTION for Preliminary Injunction filed by Intrepid Financial Partners, LLC. For the foregoing reasons, the Defendant's motion to dismiss the AC is granted. Count Three, asserting a claim under the Defend Trade Secrets Act, is dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6), and the Court declines, pursuant to 28 U.S.C. section 1367(c)(3), to exercise supplemental jurisdiction of the remainder of Plaintiff's claims. Plaintiff's motion for a preliminary injunction is denied, and the TRO issued on November 30, 2020 (docket entry no. 32), is dissolved. The Clerk of Court is respectfully directed to terminate docket entry nos. 43 and 62, enter judgment dismissing Count Three of the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and declining to exercise supplemental jurisdiction of Plaintiff's remaining claims, and close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/30/2020) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 111
ORDER: granting #74 Letter Motion to Seal; granting #96 Letter Motion to Seal. The Court has received the Defendant's request to seal certain documents filed in connection with its motion to dismiss and opposition to the Plaintiff's motion for a preliminary injunction, including excerpts from the deposition testimony of Messrs. Fernandez and Trauber (see docket entry nos. 74, 106.); the Plaintiff's request to seal excerpts from the deposition testimony of Messrs. McGee and Winchenbaugh (see docket entry no. 108); and the Defendant's request to seal certain documents filed in connection with its reply papers in support of its motion to dismiss (see docket entry no. 96). The parties' sealing requests are granted for the reasons stated in their letter submissions seeking leave to file confidential non-public documents with redactions. (See docket entry nos. 74, 96, 106, 108.) The Clerk of Court is respectfully requested to restrict access to docket entries 64, 65-2, 65-4, 65-6, 65-8, 65-9, 65-10, 65-12, 65-13, 65-19, 66, 68-2, 68-16, 68-4, 68-6, 68-8, 68-9, 68-10, 68-12, 68-12, 68-16, 68-17, 97, 106, and 108, which shall be kept under seal with access to plaintiff and defendant only. The parties are directed to refile the documents at docket entry nos. 64, 65-8, 65-9, 65-10, 65-19, 68-8, 68-9, 68-10, 68-19, 69 and 97, so as to conform the witness testimony redactions to those proposed in docket entry nos. 106 and 108, which are approved as set forth above. This Order resolves docket entry nos. 74, 96, 106, 108. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/30/2020) (ama)
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| Filing 110 LETTER addressed to Judge Laura Taylor Swain from John Siegal dated December 29, 2020 re: FINRA Arbitration Status. Document filed by Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 109 REDACTION to #70 Declaration in Opposition to Motion,,,,, #69 Declaration in Support of Motion,,,,,, #108 Notice (Other),,,, Ex. 6 re Def's Motion to Dismiss (65-8) - Excerpts from Winchenbaugh 12-10-2020 Deposition Transcript - [Redacted] by Intrepid Financial Partners, LLC (Attachments: #1 Ex. 7 re Def's Motion to Dismiss (ECF 65-9) - Excerpts from H. McGee 12-10-2020 Deposition Transcript-Final - [Redacted], #2 Ex. 6 re Def's Opp to PI (68-8) - Excerpts from Winchenbaugh 12-10-2020 Deposition Transcript [Redacted], #3 Ex. 7 re Def's Opposition to PI (ECF 68-9) - Excerpts from H. McGee 12-10-2020 Deposition Transcript-Final [Redacted]).(Siegal, John) |
| Filing 108 ***SELECTED PARTIES***NOTICE of Ex. 6 re Def's Motion to Dismiss (65-8) - Excerpts from Winchenbaugh 12-10-2020 Deposition Transcript [Highlighted] re: #68 Declaration in Opposition to Motion,,,,,,, #65 Declaration in Support of Motion,,,,,,, #104 LETTER MOTION to Seal Certain Documents Related to Defendants Motion to Dismiss and Opposition to Plaintiffs Motion for a Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 29, 2020.. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Ex. 7 re Def's Motion to Dismiss (ECF 65-9) - Excerpts from H. McGee 12-10-2020 Deposition Transcript-Final [Highlighted], #2 Ex. 6 re Def's Opp to PI (68-8) - Excerpts from Winchenbaugh 12-10-2020 Deposition Transcript [Highlighted], #3 Ex. 7 re Def's Opposition to PI (ECF 68-9) - Excerpts from H. McGee 12-10-2020 Deposition Transcript-Final [Highlighted])Motion or Order to File Under Seal: #104 .(Siegal, John) |
| Filing 107 REDACTION to #106 Letter,, by Antonio C. Fernandez (Attachments: #1 Exhibit 8 MTD Fernandez Deposition (redaction), #2 Exhibit 17 MTD Traubder Deposition (redaction), #3 Exhibit 8 PI Opp Fernandez Deposition (redaction), #4 Exhibit 17 PI Opp Traubder Deposition (redaction)).(Schnapp, Daniel) |
| Filing 106 ***SELECTED PARTIES*** LETTER addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 29, 2020 re: #99 December 23, 2020 Order (ECF No. 99) ordering Defendant to file under seal exhibits. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Exhibit 8 - MTD Fernandez Deposition (highlighted), #2 Exhibit 17 - MTD Traubder Deposition (highlighted), #3 Exhibit 8 - PI Opp Fernandez Deposition (highlighted), #4 Exhibit 17 PI Opp Traubder Deposition (highlighted))Motion or Order to File Under Seal: #105 .(Schnapp, Daniel) |
| Filing 105 LETTER MOTION to Seal Certain Documents Related to Defendant's Motion to Dismiss and Plaintiff's Motion for a Preliminary Injunction addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 29, 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 104 LETTER MOTION to Seal Certain Documents Related to Defendants Motion to Dismiss and Opposition to Plaintiffs Motion for a Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 29, 2020. Document filed by Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 103 REDACTION to #82 Declaration in Support of Motion,, #85 Redacted Document,, (Reply Declaration of Christopher F. Winchenbaugh in Support of Plaintiff's Motion for Preliminary Injunction) by Intrepid Financial Partners, LLC (Attachments: #1 Exhibit A - July 7, 2020 email from Mr. Fernandez to Citi, #2 Exhibit B - March 2, 2020 email from Mr. Fernandez to Korn Ferry, #3 Exhibit C - Email dated November 12, 2020, Stephen M. Trauber, #4 Exhibit D - Mr. McGees email, #5 Exhibit E - December 16, 2020 email).(Siegal, John) |
| Filing 102 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/18/20 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 101 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/18/2020 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Kelly Surina, (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 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021..(McGuirk, Kelly) |
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Filing 100
ORDER: granting #93 Letter Motion to Seal. The foregoing request is granted. DE# 93 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/23/2020) (ama)
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Filing 99
ORDER: granting #79 Letter Motion to Seal. The Defendant is directed to file under seal the exhibits containing excerpts from the deposition testimonies of Messrs. Fernandez and Trauber with proposed highlighted redactions for the Courts review and approval, along with more detailed information justifying the proposed redactions. With regard to the Defendant's request to seal excerpts from the testimony of Messrs. Winchenbaugh and McGee, the Plaintiff is hereby directed to file under seal the deposition excerpts with proposed highlighted redactions for the Court's review and approval, along with its justification for the proposed redactions, in accordance with the Court's Individual Rule of Practice 5(b)(ii). The parties must file their proposed redactions and justifications by Tuesday December 29, 2020. The Court has also received the Plaintiff's request to seal certain documents filed in connection with its reply papers in support of its motion for preliminary injunction. (See docket entry no. 79, the "Plaintiff's Request".) For the reasons stated in the Plaintiff's Request, the Plaintiff's redaction requests are granted with the exception of the request to redact and seal the material highlighted in paragraph 22 in docket entry number 82. Plaintiff shall re-file a public version of docket entry no. 82, with the redactions in paragraph 22 removed.The Clerk of Court is respectfully directed to restrict access to Docket Entry Nos. 80, 81, and 82 to the parties (plaintiff and defendant) only. This Order resolves docket entry no. 79. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/23/2020) (ama)
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| Filing 98 REDACTION to #97 Reply Memorandum of Law in Support of Motion, by Antonio C. Fernandez.(Schnapp, Daniel) |
| Filing 97 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #96 LETTER MOTION to Seal documents related to Defendant's Reply Memorandum Of Law in Support of his Motion to Dismiss addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 23, 2020., #62 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. Motion or Order to File Under Seal: #96 .(Schnapp, Daniel) |
| Filing 96 LETTER MOTION to Seal documents related to Defendant's Reply Memorandum Of Law in Support of his Motion to Dismiss addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 23, 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 95 REDACTION to #94 Notice (Other) by Intrepid Financial Partners, LLC.(Miao, Tiffany) |
| Filing 94 ***SELECTED PARTIES***NOTICE of Filing of the Parties' Joint Supplemental Pre-Hearing Submission. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #93 .(Miao, Tiffany) |
| Filing 93 LETTER MOTION to Seal the Parties' Joint Supplemental Pre-Hearing Submission addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 22, 2020. Document filed by Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 92 NOTICE OF APPEARANCE by Catherine Anne Savio on behalf of Antonio C. Fernandez..(Savio, Catherine) |
| Filing 91 MEMORANDUM OF LAW in Opposition re: #62 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 12/18/2020. Counsel for plaintiff present. Counsel for defendant present. Court Reporter Kelly Surina present. PRELIMINARY INJUNCTION HEARING held. Witnesses called and sworn. Exhibits admitted. The Court takes the matter under advisement and the parties will be notified when a decision has been rendered. (lan) Modified on 12/21/2020 (lan). |
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Filing 90
ORDER: The Court has received the Defendant's motion to dismiss for lack of jurisdiction. (See docket entry no. 62.) The Plaintiff is directed to file its opposition papers by Monday December 21, 2020, at 4:00 p.m. Any reply papers must be filed by Wednesday December 23, 2020, at 4:00 p.m. Courtesy copies must be emailed to SwainNYSDcorresp@nysd.uscourts.gov. SO ORDERED., ( Responses due by 12/21/2020, Replies due by 12/23/2020.) (Signed by Judge Laura Taylor Swain on 12/18/2020) (ama)
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Filing 89
ORDER: The Court will hold the preliminary injunction hearing on Friday December 18, 2020, at 2:00 p.m. To access the hearing, members of the press and public may dial 888-363-4734 and use access code 1527005# and security code 3066#. This is a listen-only line. SO ORDERED., ( Show Cause Hearing set for 12/18/2020 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/18/2020) (ama)
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| Minute Entry for proceedings held before Judge Laura Taylor Swain: Status Conference held on 12/17/2020. Counsel for plaintiff present. Counsel for defendant present. Court Reporter Alena Lynch present. STATUS HEARING held regarding logistics of the preliminary Injunction hearing scheduled for 12/18/2020 at 2pm. Opposition papers to Motion to Dismiss due by 4pm on 12/21/2020. Reply papers due by 4pm on 12/23/2020. The Court takes the MTD matter under advisement until all submission are filed and the parties will be notified when a decision has been rendered. ( Replies due by 12/23/2020, Responses due by 12/21/2020.) (lan) Modified on 12/21/2020 (lan). |
| Filing 88 NOTICE of Filing of Joint Pre-Hearing Submissions. Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit A - Plaintiff's Exhibit List, #2 Exhibit B - Fernandez - Defendant's Index of Exhibits).(Siegal, John) |
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Filing 87
ORDER: The Court has rescheduled the teleconference on Thursday, December 17, 2020, to 2:30 p.m. to discuss the logistics regarding the parties' upcoming preliminary injunction hearing. To access the conference, participants may dial 888-363-4734 and use access code 1527005# and security code 3066#. Members of the press and public may call the same number, but will not be permitted to speak during the hearing. In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the hearing: 1. Each party should designate a single lawyer to speak on its behalf (including when noting the appearances of other counsel on the telephone). 2. Counsel should use a landline whenever possible, should use a headset instead of a speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. In addition, counsel should not use voice-activated systems that do not allow the user to know when someone else is trying to speak at the same time. 3. To facilitate an orderly teleconference and the creation of an accurate transcript, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another. 4. If there is a beep or chime indicating that a new caller has joined while counsel is speaking, counsel should pause to allow the Court to ascertain the identity of the new participant and confirm that the court reporter has not been dropped from the call. (Telephone Conference set for 12/17/2020 at 02:30 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/17/2020) (nb)
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Filing 86
ORDER: The Court will hold a teleconference on Thursday December 17, 2020, at 1:15 p.m. to discuss the logistics regarding the parties' upcoming preliminary injunction hearing. To access the conference, participants may dial 888-363-4734 and use access code 1527005# and security code 3066#. Members of the press and public may call the same number, but will not be permitted to speak during the hearing. In accordance with the Courts Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the hearing: as set forth herein. SO ORDERED., ( Telephone Conference set for 12/17/2020 at 01:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/17/2020) (ama)
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| Filing 85 REDACTION to #82 Declaration in Support of Motion,, (Reply Declaration of Christopher F. Winchenbaugh in Support of Plaintiff's Motion for Preliminary Injunction) by Intrepid Financial Partners, LLC (Attachments: #1 Exhibit A - July 7, 2020 email from Mr. Fernandez to Citi, #2 Exhibit B - March 2, 2020 email from Mr. Fernandez to Korn Ferry, #3 Exhibit C - Email dated November 12, 2020, Stephen M. Trauber, #4 Exhibit D - Mr. McGees email,, #5 Exhibit E - December 16, 2020 email).(Siegal, John) |
| Filing 84 REDACTION to #81 Declaration in Support of Motion, (Reply Declaration of John Siegal in Support of Plaintiff's Motion for Preliminary Injunction) by Intrepid Financial Partners, LLC (Attachments: #1 Exhibit 1 - email chain dated Nov 12-13, 2020).(Siegal, John) |
| Filing 83 REDACTION to #80 Reply Memorandum of Law in Support of Motion, for Preliminary Injunction by Intrepid Financial Partners, LLC.(Siegal, John) |
| Filing 82 ***SELECTED PARTIES***DECLARATION of Christipher F. Winchenbaugh [Proposed Highlighted Redactions] in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Exhibit A - July 7, 2020 email from Mr. Fernandez to Citi, #2 Exhibit B - March 2, 2020 email from Mr. Fernandez to Korn Ferry, #3 Exhibit C - Email dated November 12, 2020, Stephen M. Trauber, #4 Exhibit D - Mr. McGees email, #5 Exhibit E - December 16, 2020 email)Motion or Order to File Under Seal: #79 .(Siegal, John) |
| Filing 81 ***SELECTED PARTIES***DECLARATION of John Siegal [Proposed Highlighted Redactions] in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #79 .(Siegal, John) |
| Filing 80 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction . [Proposed Highlighted Redactions]. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #79 .(Siegal, John) |
| Filing 79 LETTER MOTION to Seal Reply Documents in Further Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 16, 2020. Document filed by Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 78 REDACTION to #77 Declaration in Opposition to Motion,, by Antonio C. Fernandez (Attachments: #1 Exhibit 1- Intrepid Offer Letter (Redacted), #2 Exhibit 2 - Statement of Claim (Redacted)).(Schnapp, Daniel) |
| Filing 77 ***SELECTED PARTIES***DECLARATION of Daniel A. Schnapp (Supplemental) in Opposition re: #74 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction #64 #65 #66 #68 ad, #43 MOTION for Preliminary Injunction .. Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit 1- Intrepid Offer Letter (UNDER SEAL), #2 Exhibit 1- Statement of Claim (UNDER SEAL))Motion or Order to File Under Seal: #74 .(Schnapp, Daniel) |
| Filing 76 REDACTION to #75 Declaration in Support of Motion,, by Antonio C. Fernandez (Attachments: #1 Exhibit 1 - Intrepid Offer Letter (Redacted), #2 Exhibit 2- Plaintiff's Statement of Claim (Redacted)).(Schnapp, Daniel) |
| Filing 75 ***SELECTED PARTIES***DECLARATION of Daniel A. Schnapp (Supplemental) in Support re: #74 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction #64 #65 #66 #68 ad, #62 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit 1- Intrepid Offer Letter (UNDER SEAL), #2 Exhibit 2- Statement of Claim (UNDER SEAL))Motion or Order to File Under Seal: #74 .(Schnapp, Daniel) |
| Filing 74 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction #64 #65 #66 #68 addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 16, 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 73 REDACTION to #48 Declaration in Support of Motion, Declaration of John Siegal in Support of Motion for Preliminary Injunction by Intrepid Financial Partners, LLC (Attachments: #1 Exhibit 1 - Offer Letter Agreement, #2 Exhibit 2 - Document from Mr. Fernandez).(Siegal, John) |
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Filing 72
ORDER: terminating #61 Letter Motion to Seal. As stated in the cited Individual Practices rule, "[i]n general, the parties' consent or the fact that information is subject to a confidentiality agreement between litigants is not, by itself, a valid basis to overcome the presumption in favor of public access to judicial documents. See, e.g., In re Gen. Motors LLC Ignition Switch Litig., No. 14-MD-2543(JMF), 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015)." The foregoing submission does not present a basis upon which the Court can determine whether the sealing requests meet the relevant legal standards and aresufficiently narrowly tailored (see, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Defendant is directed to supplement this application with the requisite factual and legal justification by December 17, 2020, at 12:00 p.m. noon. The supplemental filing must also include highlightedversions of the proposed redacted documents to the extent redaction of portions of documents, rather than entire documents, is proposed, and specify the ECF docket entry subnumbers of the referenced documents. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/15/2020) (ama)
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| Filing 70 DECLARATION of Daniel A. Schnapp in Opposition re: #43 MOTION for Preliminary Injunction .. Document filed by Antonio C. Fernandez. (Attachments: #1 Exhibit 1 Fernandezs November 22, 2020 Declaration, #2 Exhibit 2 - Part 1 of 3- Fernandezs December 14, 2020 Supplemental Declaration, #3 Exhibit 2 - Part 2 of 3- Fernandezs December 14, 2020 Supplemental Declaration, #4 Exhibit 2 - Part 3 of 3- Fernandezs December 14, 2020 Supplemental Declaration (Slip Sheet), #5 Exhibit 3 Stephen Traubers (Trauber) November 22, 2020 Declaration, #6 Exhibit 4 Plaintiff's Statement of Claim, #7 Exhibit 5 Plaintiffs Interrogatory Responses, #8 Exhibit 6 excerpts of Christopher Winchenbaughs December 10, 2020 deposition testimony (Slip Sheet), #9 Exhibit 7 excerpts of Hugh "Skip" McGees December 10, 2020 deposition testimony (Slip Sheet), #10 Exhibit 8 Fernandez Deposition Transcript (Slip Sheet), #11 Exhibit 9 Email Chain Between C. Kurow and T. Miao-, #12 Exhibit 10 document Bates-labeled IFP_0000839 (Slip Sheet), #13 Exhibit 11 FINRA Rule 2140, #14 Exhibit 12 Notice to Members 02-07, #15 Exhibit 13 SEC release 34-59495, #16 Exhibit 14 Fernandezs Intrepid Offer Letter & Agreement, #17 Exhibit 15 Citi Offer Letter (Signed) (Slip Sheet), #18 Exhibit 16 Amended Complaint, #19 Exhibit 17 Stephen Trauber Deposition Excerpts (Slip Sheet)).(Schnapp, Daniel) |
| Filing 69 DECLARATION of Daniel A. Schnapp in Support re: #62 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Antonio C. Fernandez. (Attachments: #1 Exhibit 1 Fernandezs November 22, 2020 Declaration, #2 Exhibit 2 - Part 1 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #3 Exhibit 2 - Part 2 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #4 Exhibit 2 - Part 3 of 3 - Fernandezs December 14, 2020 Supplemental Declaration (Slip Sheet), #5 Exhibit 3 - Stephen Traubers (Trauber) November 22, 2020 Declaration, #6 Exhibit 4 Plaintiff's Statement of Claim, #7 Exhibit 5 Plaintiffs Interrogatory Responses, #8 Exhibit 6 excerpts of Christopher Winchenbaughs December 10, 2020 deposition testimony (Slip Sheet), #9 Exhibit 7 excerpts of Hugh McGees December 10, 2020 deposition testimony (Slip Sheet), #10 Exhibit 8 excerpts of transcripts of Fernandezs December 11, 2020 deposition testimony (Slip Sheet), #11 Exhibit 9 Email Chain Between C. Kurow and T. Miao, #12 Exhibit 10 document Bates-labeled IFP_0000839 (Slip Sheet), #13 Exhibit 11 Fernandezs Intrepid Offer Letter and Agreement, #14 Exhibit 12 December 9, 2020 letter setting the December 15, 2020 FINRA Hearing, #15 Exhibit 13 December 7, 2020 letter setting the Arbitration Hearing in Houston, Texas, #16 Exhibit 14 Subpoena to Produce Documents - Citi Investment, #17 Exhibit 15 Subpoena to Produce to Robert Willis, #18 Exhibit 16 Amended Complaint, #19 Exhibit 17 Stephen Trauber Deposition Excerpts (Slip Sheet)).(Schnapp, Daniel) |
| Filing 68 ***SELECTED PARTIES***DECLARATION of Daniel A. Schnapp in Opposition re: #61 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Lau, #43 MOTION for Preliminary Injunction .. Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit 1 - Fernandezs November 22, 2020 Declaration, #2 Exhibit 2 - Part 1 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #3 Exhibit 2 - Part 2 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #4 Exhibit 2 - Part 3 of 3 - Fernandezs December 14, 2020 Supplemental Declaration (Under Seal), #5 Exhibit 3 - Stephen Trauber's November 22, 2020 Declaration, #6 Exhibit 4 - Plaintiff's Statement of Claim, #7 Exhibit 5 Plaintiffs Interrogatory Responses, #8 Exhibit 6 excerpts of Christopher Winchenbaughs December 10, 2020 deposition testimony (Under Seal), #9 Exhibit 7 excerpts of Hugh Skip McGees December 10, 2020 deposition testimony (Under Seal), #10 Exhibit 8 excerpts of Fernandezs December 11, 2020 deposition testimony (Under Seal), #11 Exhibit 9 December 10, 2020 email chain between Christina Kurow and Tiffany Miao, #12 Exhibit 10 document Bates-labeled IFP_0000839 (Under Seal), #13 Exhibit 11 FINRA Rule 2140, #14 Exhibit 12 12 Notice to Members 02-07, #15 Exhibit 13 SEC release 34-59495, #16 Exhibit 14 Fernandezs Intrepid Offer Letter, #17 Exhibit 15 Fernandezs September 2, 2020 Citi Offer Letter (Under Seal), #18 Exhibit 16 Amended Complaint, #19 Exhibit 17 Stephen Trauber Deposition Excerpts (Under Seal))Motion or Order to File Under Seal: #61 .(Schnapp, Daniel) |
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Filing 71
ORDER granting #50 Letter Motion to Seal. For the reasons stated above, the foregoing redaction (and corollary sealing) requests are granted with the exception of the request to redact and seal the material highlighted in paragraphs 1 to 4 and 6 of DE #53. The sealed material shall be access-restricted to parties (plaintiff and defendant) only. Plaintiff shall re-file a public version of DE #53 with the redactions on paragraphs 1 to 4 and 6 removed. The Clerk of Court is respectfully directed to restrict access to Docket Entry Nos. 44 and 45 to to the parties (plaintiff and defendant) only. DE #50 resolved. (Signed by Judge Laura Taylor Swain on 12/14/2020) (kgo)
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| Filing 67 MEMORANDUM OF LAW in Opposition re: #43 MOTION for Preliminary Injunction . (Redacted). Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 66 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #61 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Lau, #43 MOTION for Preliminary Injunction . (Highlighted). Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. Motion or Order to File Under Seal: #61 .(Schnapp, Daniel) |
| Filing 65 ***SELECTED PARTIES***DECLARATION of Daniel A. Schnapp in Support re: #61 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Lau, #62 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit Fernandezs November 22, 2020 Declaration, #2 Exhibit 2 - Part 1 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #3 Exhibit 2 - Part 2 of 3 - Fernandezs December 14, 2020 Supplemental Declaration, #4 Exhibit 2 - Part 3 of 3 - Fernandezs December 14, 2020 Supplemental Declaration - Under Seal, #5 Exhibit 3 Stephen Traubers November 22, 2020 Declaration, #6 Exhibit 4 Plaintiff's Statement of Claim, #7 Exhibit 5 Plaintiffs Interrogatory Responses, #8 Exhibit 6 Christopher Winchenbaughs December 10, 2020 deposition testimony - Under Seal, #9 Exhibit 7 excerpts of Hugh Skip McGees December 10, 2020 deposition testimony - Under Seal, #10 Exhibit 8 excerpts of transcripts of Fernandezs December 11, 2020 deposition testimony - Under Seal, #11 Exhibit 9 December 10, 2020 email chain between Christina Kurow and Tiffany Miao, #12 Exhibit 10 document Bates-labeled IFP_0000839 -Under Seal, #13 Exhibit 11 Fernandezs Intrepid Offer Letter, #14 Exhibit 12 December 9, 2020 letter setting the December 15, 2020 FINRA Hearing, #15 Exhibit 13 December 7, 2020 letter setting the Arbitration Hearing in Houston, Texas, #16 Exhibit 14 Subpoena to Produce Documents - Citi Investment, #17 Exhibit 15 03 Subpoena to Produce to Robert Willis, #18 Exhibit 16 Amended Complaint, #19 Exhibit 17 Stephen Trauber Deposition Excerpts -Under Seal)Motion or Order to File Under Seal: #61 .(Schnapp, Daniel) |
| Filing 64 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #61 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Lau, #62 MOTION to Dismiss for Lack of Jurisdiction . (Highlighted Redactions). Document filed by Antonio C. Fernandez, Intrepid Financial Partners, LLC. Motion or Order to File Under Seal: #61 .(Schnapp, Daniel) |
| Filing 63 MEMORANDUM OF LAW in Support re: #62 MOTION to Dismiss for Lack of Jurisdiction . (Redacted). Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 62 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 61 LETTER MOTION to Seal certain documents related to Defendant's (1) Memorandum of Law in Support of his Motion to Dismiss and (2) Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Daniel A. Schnapp dated December 14, 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
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Filing 60
ORDER denying #56 Letter Motion for Leave to File Excess Pages. The page extension request is denied, as is the request to combine the preliminary injunction opposition with a motion to dismiss the complaint. DE#56 resolved. (Signed by Judge Laura Taylor Swain on 12/14/2020) (nb)
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| Filing 59 RESPONSE re: #58 Letter, /response to Plaintiff's December 14, 2020 letter.. Document filed by Antonio C. Fernandez..(Solis, Tina) |
| Filing 58 LETTER addressed to Judge Laura Taylor Swain from John Siegal dated December 14, 2020 re: Response to Defendant's Letter Dated December 14, 2020 Requesting Leave to File Both an Over-Length Brief and a Cross-Motion to Dismiss. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 57 ***SELECTED PARTIES***DECLARATION of Christopher F. Winchenbaugh (Corrected)(Proposed Highlighted Redactions) in Support re: #43 MOTION for Preliminary Injunction ., #50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020.. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Exhibit A - Agreement and Offer Letter (Proposed Highlighted Redactions), #2 Exhibit B - (Proposed Highlighted Redactions), #3 Exhibit C - Weekly update dated September 8, 2020 (Proposed Highlighted Redactions), #4 Exhibit D - Weekly update dated November 18, 2020 (Proposed Highlighted Redactions), #5 Exhibit E - Update from January 8, 2020 (Proposed Highlighted Redactions))Motion or Order to File Under Seal: #50 .(Siegal, John) |
| Filing 56 LETTER MOTION for Leave to File Excess Pages / submit a brief of up to 50 pages addressed to Judge Laura Taylor Swain from Tina B. Solis dated December 14, 2020. Document filed by Antonio C. Fernandez..(Solis, Tina) |
| Filing 55 REDACTION to #49 Declaration in Support of Motion, (Corrected) Declaration of Christopher F. Winchenbaugh by Intrepid Financial Partners, LLC (Attachments: #1 Exhibit A-Agreement and Offer Letter, #2 Exhibit B-Business Plan and Cover E-mail, #3 Exhibit C-Weekly Updated Dated September 8, 2020, #4 Exhibit D-Weekly Update Dated November 18, 2020, #5 Exhibit E-Example of an Update from January 8.2020).(Siegal, John) |
| Filing 54 ***SELECTED PARTIES***DECLARATION of Christopher F. Winchenbaugh (Proposed Highlighted Redactions) in Support re: #43 MOTION for Preliminary Injunction ., #50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020.. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Exhibit A - Agreement and Offer Letter (Proposed Highlighted Redactions), #2 Exhibit B - (Proposed Highlighted Redactions), #3 Exhibit C - Weekly update dated September 8, 2020 (Proposed Highlighted Redactions), #4 Exhibit D - Weekly update dated November 18, 2020 (Proposed Highlighted Redactions), #5 Exhibit E - Update from January 8, 2020 (Proposed Highlighted Redactions))Motion or Order to File Under Seal: #50 .(Siegal, John) |
| Filing 53 ***SELECTED PARTIES***DECLARATION of John Siegal (Proposed Highlighted Redactions) in Support re: #43 MOTION for Preliminary Injunction ., #50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020.. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. (Attachments: #1 Exhibit 1 - Offer Letter Agreement (Proposed Highlighted Redactions), #2 Exhibit 2 - Document from Mr. Fernandez (Proposed Highlighted Redactions))Motion or Order to File Under Seal: #50 .(Siegal, John) |
| Filing 52 ***SELECTED PARTIES***DECLARATION of Hugh "Skip" McGee (Proposed Highlighted Redactions) in Support re: #43 MOTION for Preliminary Injunction ., #50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020.. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #50 .(Siegal, John) |
| Filing 51 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction ., #50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020. . Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #50 .(Siegal, John) |
| Filing 50 LETTER MOTION to Seal Documents in Support of Plaintiff's Motion for Preliminary Injunction addressed to Judge Laura Taylor Swain from Tiffany A. Miao dated December 12, 2020. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 49 DECLARATION of Christopher F. Winchenbaugh (Redacted) in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit A - Agreement and Offer Letter (Redacted), #2 Exhibit B - (Redacted), #3 Exhibit C - Weekly update dated September 8, 2020 (Redacted), #4 Exhibit D - Weekly update dated November 18, 2020(Redacted), #5 Exhibit E - Update from January 8, 2020 (Redacted)).(Siegal, John) |
| Filing 48 DECLARATION of John Siegal (Redacted) in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit 1 - Offer Letter Agreement (Redacted), #2 Exhibit 2 - Document from Mr. Fernandez (Redacted)).(Siegal, John) |
| Filing 47 DECLARATION of Hugh "Skip" McGee (Redacted) in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 46 MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction . (Redacted). Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 45 DECLARATION of Hugh "Skip" McGee in Support re: #43 MOTION for Preliminary Injunction .. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION for Preliminary Injunction . . Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 43 MOTION for Preliminary Injunction . Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Text of Proposed Order).(Siegal, John) |
| Filing 42 LETTER addressed to Judge Laura Taylor Swain from Tiffany Miao dated 12/8/2020 re: We write to inform you that the parties are working on resolving their dispute without the need for intervention by Judge Parker or your Honor. At the moment, we see no need to respond to counsel's factual contentions below. We would also like to note that non-party witnesses Stephen Trauber and Robert Willis are thus far being non-cooperative with the discovery process, and Citi has indicated that it is working on a document production. (jca) |
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Filing 41
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. In light of the above, Defendant's request to present Mr. Fernandez for deposition at a later date within the Court's discovery deadline is hereby GRANTED. The parties shall file a joint status letter with the Court by December 18, 2020 to update the Court on the progress of discovery and any issues that persist. (Signed by Magistrate Judge Katharine H. Parker on 12/9/2020) (mro)
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| Filing 40 LETTER addressed to Judge Laura Taylor Swain from Christina E. Kurow dated 12/8/2020 re: Defendant writes to further update the Court on additional voluminous document productions Defendant has just received from Plaintiff since Defendants previous email to the Court at 4:24 pm (EST). Document filed by Antonio C. Fernandez.(jca) |
| Filing 39 LETTER addressed to Magistrate Judge Katharine H. Parker from Tiffany A. Miao dated December 9, 2020 re: Response to Defendant's Letter Motion Regarding the Deposition of Mr. Fernandez. Document filed by Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 38 LETTER MOTION for Extension of Time to Complete Discovery re Deposition of A. Fernandez addressed to Judge Laura Taylor Swain from D. Schnapp dated Dec. 8, 2020. Document filed by Antonio C. Fernandez. (Attachments: #1 Error Message).(Schnapp, Daniel) |
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Filing 37
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Katharine H. Parker on 12/8/2020) (mro)
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| Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/30/20 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 35 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/30/2020 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Steven Greenblum, (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 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021..(McGuirk, Kelly) |
| Filing 34 PROPOSED STIPULATION AND ORDER. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
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Filing 33
ORDER SCHEDULING TELEPHONE CONFERENCE: A telephone status conference will be held in this case on Tuesday, January 19, 2021 at 12:00 p.m. Further, the parties are directed to file a letter on ECF at least three business days in advance of the conference in order to update the Court on the status of discovery and flag any issues that should be addressed at the conference. Counsel for the parties are directed to call the Court's conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. Telephone Conference set for 1/19/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 12/2/2020) (jca)
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| Minute Entry for proceedings held before Judge Laura Taylor Swain: TRO Hearing held on 11/30/2020. Parties and counsel present. Court Reporter Steven Greenblum present. TRO HEARING held by teleconference. The Court granted the TRO application with changes stated on the record. (Order to follow.) Parties are directed to meet and confer promptly and submit a joint prehearing submissions by 12:00 noon on Thursday, 12/17/2020. A TRO/PI Hearing is scheduled for Friday, 12/18/2020 at 2:00pm. ( TRO/PI Hearing set for 12/18/2020 at 2:00 PM before Judge Laura Taylor Swain.) (lan) |
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Filing 32
ORDER TO SHOW CAUSE GRANTING TEMPORARY RESTRAINING ORDER AND MOTION FOR EXPEDITED DISCOVERY: granting #18 Letter Motion for Extension of Time to File. ORDERED that Plaintiff's application is GRANTED, and thus pending the return date of this Order to Show Cause and resolution of the application for a preliminary injunction, but ending no later than December 31, 2020, in accordance with the Non-Competition and Confidentiality Agreement between the parties, dated July 24, 2018, Defendant shall immediately be temporarilyenjoined and restrained, from, directly or through others: as set forth herein. ORDERED that Defendant is hereby directed to appear before the Honorable Laura Taylor Swain, U.S.D.J., at the United States District Court for the Southern District of New York, located at 500 Pearl on the 18 day of December, 2020 at 2:00 p.m., or as soon thereafter as this matter can be heard show cause why an Order should not be entered converting this Temporary Restraining Order into a Preliminary Injunction that shall remain in place pending conclusion of this matter. The hearing will be conducted telephonically or by Skype, depending on the needs of the proceeding, as determined by the Court. ORDERED that the foregoing temporary restraints shall continue up to and including 11:59 p.m. on December 31, 2020; or, if earlier, the date upon which Plaintiff's preliminary injunction application is resolved.; and it is further ORDERED: Plaintiff's papers in support of the Preliminary Injunction application (together with any further supporting declarations and deposition excerpts) shall be filed by December 11, 2020; That any opposition papers (together with any further supporting declarations and deposition excerpts) shall be filed by December 14, 2020; That any reply papers must be filed by December 16, 2020; That the parties must meet and confer and file joint pre-hearing submissions by Thursday December 17, 2020, at noon, including joint exhibit and witness lists, pdf compilations of exhibits, and protocols for testimony if any, as set forth in detail on the record of the November 30, 2020, TRO hearing. ORDERED that Plaintiff's Motion for Expedited Discovery be and is hereby GRANTED and that Plaintiff is granted immediate leave of Court to conduct the following limited discovery on the equity matters at issue in the Amended Complaint: as set forth herein. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/30/2020) (ama)
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| Filing 31 AMENDED COMPLAINT amending #1 Complaint against Antonio C. Fernandez.Document filed by Intrepid Financial Partners, LLC. Related document: #1 Complaint..(Siegal, John) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #26 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Set/Reset Deadlines: ( Motions due by 12/11/2020., Responses due by 12/4/2020, Replies due by 12/16/2020.), Set/Reset Hearings:( Show Cause Hearing set for 12/18/2020 at 02:00 PM before Judge Laura Taylor Swain.) (ama) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order was reviewed and approved as to form. (km) |
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Filing 30
ORDER: The Court will hold a hearing on the Plaintiff's application for a temporary restraining order on Monday November 30, 2020, at 10:00 a.m. via teleconference. To access the conference, participants may dial 888-363-4734 and use access code 1527005# and security code 3066#. Members of the press and public may call the same number, but will not be permitted to speak during the hearing. In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the hearing: as set forth herein. SO ORDERED., ( Telephone Conference set for 11/30/2020 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/28/2020) (ama)
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| Filing 29 MOTION to Dismiss for Lack of Jurisdiction - Declaration of D. Schnapp in Support of Order to Show Cause, Dkt 26. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 28 PROPOSED ORDER. Document filed by Antonio C. Fernandez. Related Document Number: #26 ..(Schnapp, Daniel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 BRIEF re: #26 Proposed Order to Show Cause Without Emergency Relief - Memorandum of Law in Support. Document filed by Antonio C. Fernandez. (Attachments: #1 Exhibit Ex. 1 - LinkedIn Profile, #2 Exhibit Ex. 2 - A. Fernandez Declaration, #3 Exhibit Ex. 3 - Offer Ltr and Agreement, #4 Exhibit Ex. 4 - S. Trauber Declaration, #5 Exhibit Ex. 5 - Plaintiff's Statement of Claim with Exhibit).(Schnapp, Daniel) |
| Filing 26 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 25 STATUS REPORT. (Joint Status Report) Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
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Filing 23
ORDER granting #19 Letter Motion for Extension of Time to File. The requested filing deadline extensions are granted. DE# 18 and 19 resolved. SO ORDERED.. (Signed by Judge Laura Taylor Swain on 11/25/2020) (ks)
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE FOR CHRISTINA E. KUROW granting #16 Motion for Christina E. Kurow to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) (mro)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE FOR tINA B. SOLIS granting #17 Motion for Tina B. Solis to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) (mro) (Main Document 21 replaced on 11/25/2020) (mro). Modified on 11/25/2020 (mro).
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Filing 20
ORDER granting #14 Letter Motion to Seal. The Clerk of Court is directed to seal the Complaint, ECF No. 1. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) (mro)
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| Filing 19 AMENDED LETTER MOTION for Extension of Time to File Joint Status Report, Proposed Discovery Schedule and Proposed Briefing Schedule and any Reply Briefs addressed to Judge Laura Taylor Swain from D. Schnapp dated Nov. 25, 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| Filing 18 LETTER MOTION for Extension of Time to File Joint Status Report, Proposed Discovery and Briefing Schedules addressed to Judge Laura Taylor Swain from D. Schnapp dated Nov. 25. 2020. Document filed by Antonio C. Fernandez..(Schnapp, Daniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Christina E. Kurow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22734196. Motion and supporting papers to be reviewed by Clerk's Office staff., #17 MOTION for Tina B. Solis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22734404. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 11/24/2020. (ca) |
| Filing 17 MOTION for Tina B. Solis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22734404. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio C. Fernandez. (Attachments: #1 Declaration of Tina B. Solis, #2 Exhibit Certificate of Good Standing, #3 Order for Admission Pro Hac Vice for Tina B. Solis).(Solis, Tina) |
| Filing 16 MOTION for Christina E. Kurow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22734196. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antonio C. Fernandez. (Attachments: #1 Declaration of Christina E. Kurow, #2 Exhibit Certificate of Good Standing, #3 Order for Admission Pro Hac Vice for Christina E. Kurow).(Kurow, Christina) |
| Filing 15 ***SELECTED PARTIES***NOTICE of Filing of Exhibit A to Declaration of Christopher Winchenbaugh. Document filed by Intrepid Financial Partners, LLC, Antonio C. Fernandez. Motion or Order to File Under Seal: #14 .(Miao, Tiffany) |
| Filing 14 LETTER MOTION to Seal Complaint and Exhibit A to Mr. Winchenbaugh's Declaration addressed to Magistrate Judge Katharine H. Parker from Tiffany A. Miao dated November 24, 2020. Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit A-Redacted Version of Complaint).(Miao, Tiffany) |
| Minute Entry for proceedings held before Judge Laura Taylor Swain: TRO HEARING held on 11/23/2020. Parties and counsel present. Court Reporter Rose Prater present. TRO HEARING held by teleconference. Parties are directed to meet and confer immediately and submit a status report by 12:00 noon on Wednesday, 11/25/2020. The status report should include a proposed discovery schedule and any briefing schedule. A TRO Hearing is scheduled for Monday, 11/30/2020 at 10:00am. ( Status Report due by 11/25/2020, TRO Hearing set for 11/30/2020 at 10:00 AM before Judge Laura Taylor Swain.) (lan) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 11/23/2020. (ca) |
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Filing 13
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: 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). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/23/2020) (ama)
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| Filing 12 MEMORANDUM OF LAW in Opposition re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Antonio C. Fernandez. (Attachments: #1 Exhibit 1 - Decl. of A. Fernandez, #2 Exhibit 2 - Intrepid Tax Status, #3 Exhibit 3 - LinkedIn Profiles, #4 Exhibit 4 - Decl. of S. Trauber, #5 Exhibit 5 - Statement of Claim, #6 Exhibit 6 - Offer Ltr and Agreement).(Schnapp, Daniel) |
| Filing 11 NOTICE OF APPEARANCE by Daniel Adam Schnapp on behalf of Antonio C. Fernandez..(Schnapp, Daniel) |
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Filing 10
ORDER: The Court will hold a hearing on the Plaintiff's application for a temporary restraining order on Monday November 23, 2020, at 10:30 a.m. via teleconference. The Plaintiff is directed to notify the Defendant and Citigroup, Inc. of the scheduled hearing and provide them with complete copies of the application for the temporary restraining order and all documents filed in connection therewith. The parties are directed to meet and confer in good faith prior to the hearing in an effort to resolve consensually or narrow the issues for presentation to the Court. To access the conference, participants may dial 888-363-4734 and use access code 1527005# and security code 3066#. Members of the press and public may call the same number, but will not be permitted to speak during the hearing. In accordance with the Court's Emergency Individual Rules and Practices in Light of COVID-19, counsel should adhere to the following rules and guidelines during the hearing: as further set forth herein. Telephone Conference set for 11/23/2020 at 10:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 11/20/2020) (kv)
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| Filing 9 NOTICE OF APPEARANCE by Tiffany Anna Miao on behalf of Intrepid Financial Partners, LLC..(Miao, Tiffany) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Antonio C. Fernandez..(pc) |
| Filing 7 DECLARATION of Christopher F. Winchenbaugh in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Intrepid Financial Partners, LLC. (Attachments: #1 Exhibit A-Offer Letter with Agreement, #2 Exhibit B-July 25, 2018 E-Mail, #3 Exhibit C-Resignation Letter).(Siegal, John) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Antonio C. Fernandez, re: #1 Complaint. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Filing 2 CIVIL COVER SHEET filed..(Siegal, John) |
| Filing 1 COMPLAINT against Antonio C. Fernandez. (Filing Fee $ 400.00, Receipt Number ANYSDC-22677622)Document filed by Intrepid Financial Partners, LLC..(Siegal, John) |
| Case Designated ECF. (pc) |
| ***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. (km) |
| Magistrate Judge Katharine H. Parker 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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..(pc) |
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