Parrella v. The Orange Rabbit, Inc. et al
Petitioner: Michael A Parrella
Respondent: The Orange Rabbit, Inc. and Nicholas Giacopelli
Case Number: 1:2020cv09923
Filed: November 25, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Ronnie Abrams
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09:0010
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2021 Filing 25 AFFIDAVIT OF SERVICE. Document filed by Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
January 20, 2021 Set/Reset Deadlines: Responses due by 2/5/2021 Replies due by 2/12/2021. (kv)
January 20, 2021 Opinion or Order 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)
January 15, 2021 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)
January 15, 2021 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)
January 15, 2021 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)
December 30, 2020 Set/Reset Deadlines: Nicholas Giacopelli answer due 1/27/2021; The Orange Rabbit, Inc. answer due 1/27/2021. (mml)
December 30, 2020 Opinion or Order 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)
December 29, 2020 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)
December 16, 2020 Filing 18 AMENDED MEMORANDUM OF LAW in Support re: #3 MOTION to Vacate Arbitration . . Document filed by Michael A Parrella..(Lester, Roy)
December 16, 2020 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)
December 16, 2020 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)
December 11, 2020 Filing 15 NOTICE OF APPEARANCE by David S. Douglas on behalf of Nicholas Giacopelli, The Orange Rabbit, Inc...(Douglas, David)
December 11, 2020 Filing 14 NOTICE OF APPEARANCE by Jared Benjamin Foley on behalf of Nicholas Giacopelli, The Orange Rabbit, Inc...(Foley, Jared)
December 9, 2020 Set/Reset Deadlines: Amended Pleadings due by 12/16/2020. (kv)
December 9, 2020 Opinion or Order 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)
December 8, 2020 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)
November 30, 2020 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)
November 30, 2020 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)
November 30, 2020 Opinion or Order 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)
November 25, 2020 ***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)
November 25, 2020 Filing 8 ELECTRONIC SUMMONS ISSUED as to Nicholas Giacopelli, The Orange Rabbit, Inc...(gp)
November 25, 2020 Case Designated ECF. (gp)
November 25, 2020 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)
November 25, 2020 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)
November 25, 2020 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.
November 25, 2020 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)
November 25, 2020 Filing 5 MEMORANDUM OF LAW in Support re: #3 MOTION to Vacate Arbitration . . Document filed by Michael A Parrella..(Lester, Roy)
November 25, 2020 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)
November 25, 2020 Filing 3 MOTION to Vacate Arbitration . Document filed by Michael A Parrella..(Lester, Roy)
November 25, 2020 Filing 2 CIVIL COVER SHEET filed..(Lester, Roy)
November 25, 2020 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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Respondent: The Orange Rabbit, Inc.
Represented By: David S. Douglas
Represented By: Jared Benjamin Foley
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Respondent: Nicholas Giacopelli
Represented By: David S. Douglas
Represented By: Jared Benjamin Foley
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Petitioner: Michael A Parrella
Represented By: Roy J Lester
Represented By: Roy J. Lester
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