Parrella v. The Orange Rabbit, Inc. et al
| Michael A Parrella |
| The Orange Rabbit, Inc. and Nicholas Giacopelli |
| 1:2020cv09923 |
| November 25, 2020 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0010 |
| None |
Docket Report
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Filing 25
AFFIDAVIT OF SERVICE. Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
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Filing 24
ORDER with respect to #3 Motion to Vacate Arbitration; with respect to #21 Motion to Confirm Arbitration; with respect to #21 Motion for Joinder. The Court is in receipt of Respondents' cross-motion to confirm arbitration award and for joinder of required parties. Dkt. 21. In this Circuit, confirmation proceedings for arbitration awards must be "treated as akin to a motion for summary judgment." D.H Blair & Co. v. Gottdiener, 462 F.3d 95, 109 (2d Cir. 2006). Accordingly, Petitioner's opposition to Respondents' motions, if any, is due on February 5, 2021. Respondents' reply, if any, is due on February 12. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/20/2021) (kv)
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Set/Reset Deadlines: Responses due by 2/5/2021 Replies due by 2/12/2021. (kv)
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Filing 23
DECLARATION of David S. Douglas in Opposition re: #21 CROSS MOTION to Confirm Arbitration Award.CROSS MOTION for Joinder of Required Parties., #3 MOTION to Vacate Arbitration .. Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc.. (Attachments: #1 Exhibit 1- Final Award, #2 Exhibit 2- Arbitration Demand, #3 Exhibit 3- Partial Final Award, #4 Exhibit 4- Scheduling Order 2, #5 Exhibit 5- Scheduling Order 3, #6 Exhibit 6- Scheduling Order 4, #7 Exhibit 7- Scheduling Order 5, #8 Exhibit 8- Scheduling Order 6, #9 Exhibit 9- Response to Arbitration Demand, #10 Exhibit 10- Scheduling Order 7, #11 Exhibit 11- Scheduling Order 7A, #12 Exhibit 12- Scheduling Order 8, #13 Exhibit 13- Scheduling Order 9, #14 Exhibit 14- Scheduling Order 10, #15 Exhibit 15- Scheduling Order 14, #16 Exhibit 16- Scheduling Order 15, #17 Exhibit 17- Scheduling Order 18, #18 Exhibit 18- Scheduling Order 16, #19 Exhibit 19-Scheduling Order 19, #20 Exhibit 20- Lester Ltr. 4-1-20, #21 Exhibit 21- Scheduling Order 23).(Douglas, David)
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Filing 22
MEMORANDUM OF LAW in Opposition re: #21 CROSS MOTION to Confirm Arbitration Award.CROSS MOTION for Joinder of Required Parties., #3 MOTION to Vacate Arbitration . . Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
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Filing 21
CROSS MOTION to Confirm Arbitration Award., CROSS MOTION for Joinder of Required Parties. Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/30/2020) (mml)
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Set/Reset Deadlines: Nicholas Giacopelli answer due 1/27/2021; The Orange Rabbit, Inc. answer due 1/27/2021. (mml)
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Filing 19
CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Amended Petition addressed to Judge Ronnie Abrams from David S. Douglas, Attorney for Respondents dated December 29, 2020. Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
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Filing 18
AMENDED MEMORANDUM OF LAW in Support re: #3 MOTION to Vacate Arbitration . . Document filed by Michael A Parrella..(Lester, Roy)
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Filing 17
DECLARATION of Roy J. Lester in Support re: #3 MOTION to Vacate Arbitration .. Document filed by Michael A Parrella. (Attachments: #1 Ex A - Partial Award, #2 Ex B - Franchise Agreement, #3 Ex C - Multi Outlet Agreement, #4 Ex D - Claimant's Arbitration Demand, #5 Ex E - Respondent's Answer to Arbitration, #6 Ex F - Deane letter and appearance, #7 Ex G - Executive Orders and Other Regulations, #8 Ex H - Parrella's email to Arbitrator, #9 Ex I - Lester's email to Arbitrator, #10 Ex J - Lester's letter to Arbitrator, #11 Ex K - Claimant's Post Hearing Reply Brief, #12 Ex L - Respondent ILKB's Post Hearing Brief, #13 Ex M - Respondent Parrella's Post Hearing Brief, #14 Ex N - Claimant's Post Hearing Reply Brief, #15 Ex O - JAMS email to parties, #16 Ex P - Claimant's Supplemental Submission, #17 Ex Q - Respondent's Joint Objection to Claimant, #18 Ex R - Order Issued in Hasko v ILKB, #19 Exhibit S-JAMS email to Parties, #20 Exhibit T - Final Award).(Lester, Roy)
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Filing 16
AMENDED PETITION amending #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration against Nicholas Giacopelli, The Orange Rabbit, Inc..Document filed by Michael A Parrella. Related document: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration..(Lester, Roy)
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Filing 15
NOTICE OF APPEARANCE by David S. Douglas on behalf of Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
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Filing 14
NOTICE OF APPEARANCE by Jared Benjamin Foley on behalf of Nicholas Giacopelli, The Orange Rabbit, Inc...(Foley, Jared)
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Filing 13
ORDER granting #12 Motion to Amend/Correct #1 Petition to Compel/Confir /Modify/Stay/Vacate Arbitration. Petitioner is granted leave to amend the petition to include the "Final Award" of the arbitrator. Absent good cause, no other amendments to the petition may be made. Petitioner shall file his revised petition no later than December 16, 2020. Respondents deadline to respond to the petition is hereby extended until January 6, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/9/2020) (kv)
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Set/Reset Deadlines: Amended Pleadings due by 12/16/2020. (kv)
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Filing 12
MOTION to Amend/Correct #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration and to issue briefing schedule. Document filed by Michael A Parrella..(Lester, Roy)
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Filing 11
CERTIFICATE OF SERVICE of Summons in a Civil Action, Verified Petition to Vacate Arbitration Award, Notice of Motion, Declaration of Roy Lester in Support of Parrella's Petition and Motion to Vacate Arbitration Award (with Exhibits), and Memo of Law in Support of Petition to Vacate Arbitration Award served on Nicholas Giacopelli on November 25, 2020. Service was accepted by Nicholas Giacopelli, President. Document filed by Michael A Parrella..(Lester, Roy)
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Filing 10
CERTIFICATE OF SERVICE of Summons in a Civil Action, Verified Petition to Vacate Arbitration Award, Notice of Motion, Declaration of Roy Lester in Support of Parrella's Petition and Motion to Vacate Arbitration Award (with Exhibits), and Memo of Law in Support of Petition to Vacate Arbitration Award served on The Orange Rabbit, Inc. on November 25, 2020. Service was accepted by Nicholas Giacopelli, President. Document filed by Michael A Parrella..(Lester, Roy)
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Filing 9
ORDER re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration filed by Michael A Parrella. Accordingly, if Petitioner does not serve Respondents by November 30, 2020, his petition to vacate must be dismissed. If Petitioner does effect timely service, Respondents shall file their opposition no later than December 21, 2020. SO ORDERED. ( Responses due by 12/21/2020, Service due by 11/30/2020.) (Signed by Judge Ronnie Abrams on 11/30/2020) (kv)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Nicholas Giacopelli, The Orange Rabbit, Inc...(gp)
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Filing 7
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Michael A Parrella. Related Document Number: #1 ..(Lester, Roy) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to The Orange Rabbit, Inc. and Nicholas Giacopelli, re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by Michael A Parrella..(Lester, Roy)
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Filing 5
MEMORANDUM OF LAW in Support re: #3 MOTION to Vacate Arbitration . . Document filed by Michael A Parrella..(Lester, Roy)
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Filing 4
DECLARATION of Roy J. Lester in Support re: #3 MOTION to Vacate Arbitration .. Document filed by Michael A Parrella. (Attachments: #1 Exhibit Ex A - Partial Award, #2 Exhibit Ex B - Franchise Agreement, #3 Exhibit Ex C - Multi Outlet Agreement, #4 Exhibit Ex D - Claimant's Arbitration Demand, #5 Exhibit Ex E - Respondent's Answer to Arbitration, #6 Exhibit Ex F - Deane letter and appearance, #7 Exhibit Ex G - Executive Orders and Other Regulations, #8 Exhibit Ex H - Parrella's email to Arbitrator, #9 Exhibit Ex I - Lester's email to Arbitrator, #10 Exhibit Ex J - Lester's letter to Arbitrator, #11 Exhibit Ex K - Claimant's Post Hearing Reply Brief, #12 Exhibit Ex L - Respondent ILKB's Post Hearing Brief, #13 Exhibit Ex M - Respondent Parrella's Post Hearing Brief, #14 Exhibit Ex N - Claimant's Post Hearing Reply Brief, #15 Exhibit Ex O - JAMS email to parties, #16 Exhibit Ex P - Claimant's Supplemental Submission, #17 Exhibit Ex Q - Respondent's Joint Objection to Claimant, #18 Exhibit Ex R - Order Issued in Hasko v ILKB).(Lester, Roy)
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Filing 3
MOTION to Vacate Arbitration . Document filed by Michael A Parrella..(Lester, Roy)
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Filing 2
CIVIL COVER SHEET filed..(Lester, Roy)
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Filing 1
PETITION TO VACATE ARBITRATION. (Filing Fee $ 400.00, Receipt Number ANYSDC-22745846).Document filed by Michael A Parrella..(Lester, Roy)
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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. (gp)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Case Designated ECF. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(gp)
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