Steelite International U. S.A. Inc. et al v. McManus
| Steelite International U. S.A. Inc., DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., DWH&S, Inc., Steelite International U.S.A. Inc. and D.W. Haber & Son, Inc. |
| Robert Kenneth McManus |
| 1:2021cv02645 |
| March 26, 2021 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Trademark |
| 15 U.S.C. § 1125 la |
| Both |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 45
ORDER denying as moot #40 Motion to Dismiss. (Signed by Judge Lewis A. Kaplan on 5/19/2021) (Kaplan, Lewis)
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Filing 44
DECLARATION of Jeffrey Weiskopf in Opposition re: #40 MOTION to Dismiss Defendant's Counter Claim.. Document filed by Robert Kenneth McManus..(Weiskopf, Jeffrey)
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Filing 43
AMENDED ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against DWH&S, Inc., Steelite International U.S.A. Inc.. Document filed by Robert Kenneth McManus..(Weiskopf, Jeffrey)
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Filing 42
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/13/21 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)
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Filing 41
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/13/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (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 6/7/2021. Redacted Transcript Deadline set for 6/15/2021. Release of Transcript Restriction set for 8/13/2021..(McGuirk, Kelly)
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Filing 40
MOTION to Dismiss Defendant's Counter Claim. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc.. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion to Dismiss Counterclaim).(Mogil, Jared)
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Filing 39
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 38
MEMORANDUM OPINION: For the foregoing reasons, the plaintiffs' motion for a preliminary injunction is denied. The foregoing constitute the Court's findings of fact and conclusions of law. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/27/2021) (kv)
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Filing 37
POST TRIAL MEMORANDUM. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc.. (Attachments: #1 Affidavit Affidavit of John Miles).(Mogil, Jared)
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Filing 36
ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against DWH&S, Inc., Steelite International U.S.A. Inc.. Document filed by Robert Kenneth McManus..(Halperin, Steven)
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Filing 35
POST TRIAL MEMORANDUM. Document filed by Robert Kenneth McManus. (Attachments: #1 Exhibit A - Affidavit of Kenny Mack).(Weiskopf, Jeffrey)
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Filing 34
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/2021 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)
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Filing 33
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (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 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Evidentiary Hearing held on 4/13/2021. Counsel to submit post-hearing briefs within 7 days. Decision reserved. (Court Reporter Andrew Walker) (Mohan, Andrew) Modified on 4/20/2021 (Mohan, Andrew).
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Filing 32
TRIAL MEMORANDUM. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc.. (Attachments: #1 Exhibit Deposition of John Miles, #2 Exhibit Deposition of David Haber, #3 Exhibit Deposition of Robert Kenneth McManus, #4 Exhibit 2016 Asset Purchase Agreement, #5 Exhibit 2019 Asset Purchase Agreement, #6 Exhibit Seperation Agreement, #7 Exhibit 6-6-2019 Email Re Negotiation, #8 Exhibit 2019 Letter Agreement, #9 Exhibit 10-3-2020 Email Chain, #10 Exhibit 3-30-2021 Email Chain, #11 Exhibit 1-29-2021 Email, #12 Exhibit 10-22-2020 Email, #13 Exhibit 11-6-2020 Email, #14 Exhibit 2-18-2021 Email, #15 Exhibit 11-8-2020 Email).(Mogil, Jared)
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Filing 31
TRIAL MEMORANDUM. Document filed by Robert Kenneth McManus..(Weiskopf, Jeffrey)
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Filing 30
DECLARATION of Jeffrey M. Weiskopf in Opposition re: #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION.. Document filed by Robert Kenneth McManus. (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - Employment Agreement, #3 Exhibit C - David Haber Deposition Transcript, #4 Exhibit D - John Miles Deposition Transcript, #5 Exhibit E - Robert Kenneth McManus Deposition Transcript).(Weiskopf, Jeffrey)
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Filing 29
SO-ORDERED STIPULATION OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis A. Kaplan on 4/12/2021) (mro)
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Filing 28
LETTER addressed to Judge Lewis A. Kaplan from Steven T. Halperin dated April 12, 2021 re: Preliminary Injunction Evidentiary earing Scheduled for 4/13/21 at 2:30 PM. Document filed by Robert Kenneth McManus..(Halperin, Steven)
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Filing 27
PROPOSED STIPULATION AND ORDER. Document filed by Robert Kenneth McManus..(Halperin, Steven)
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Filing 26
JOINT LETTER MOTION for Leave to File Access to WiFi addressed to Judge Lewis A. Kaplan from Mark A. Beckman dated April 8, 2021. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Mogil, Jared)
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Filing 25
FIRST LETTER MOTION for Leave to File Application for Electronic Devices addressed to Judge Lewis A. Kaplan from Mark A. Beckman dated April 6, 2021. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Mogil, Jared)
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Filing 24
FIRST LETTER MOTION for Leave to File Order Allowing Electronic Devices addressed to Judge Lewis A. Kaplan from Jeffrey Weiskopf dated April 6, 2021. Document filed by Robert Kenneth McManus..(Weiskopf, Jeffrey)
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Filing 23
NOTICE OF APPEARANCE by Alexandra Langmo on behalf of Robert Kenneth McManus..(Langmo, Alexandra)
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Filing 22
ORDER: Plaintiffs submitted a proposed order to show cause with a temporary restraining order ("TRO"). The Court today heard oral argument on the TRO. It elected to treat the proposed order to show cause as a motion for a TRO and a preliminary injunction, denied the TRO, ordered very limited expedited discovery, and set an evidentiary hearing on the preliminary injunction motion for April 13, 2021 at 2:30 p.m. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/5/2021) (jca)
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Filing 21
ORDER re: MOTION for Order to Show Cause The Court has scheduled argument on the order to show cause [Dkt. 13] to be held by video-conference on Monday, April 5, 2021 at 10:00 AM. The audio only dial-in for the argument is 917-933-2166 and the conference code is 863479132#. Plaintiffs counsel is directed to ensure that defendant receives a copy of this order and the link to access the video-conference, which was circulated to plaintiffs counsel via email,by 5:00 PM on April 3, 2021. (Signed by Judge Lewis A. Kaplan on 4/2/2021) (Mohan, Andrew)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 4/5/2021 by video-conference regarding plaintiff's proposed order to show cause, DI 13, which is being considered the notice of motion by the Court. By oral order the Court denied the application for the TRO. The Court grants plaintiff permission to take the deposition of defendant by deposition not to exceed four hours in duration. Attorney John G. Ebken is granted permission to appear before the Court on 4/13/2021 in advance of filing a pro hac vice motion. An evidentiary hearing is scheduled for 4/13/2021 at 2:30 PM, which will take place in Courtroom 21B, subject to change if a courtroom outfitted with Covid procedure plexiglass lectern and witness box becomes available. Counsel were advised to check the Court's website regarding the Court's Covid safety policies and procedures.( Show Cause Hearing set for 4/13/2021 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Court Reporter Andrew Walker) (Mohan, Andrew)
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Filing 20
NOTICE OF APPEARANCE by Jeffrey Michael Weiskopf on behalf of Robert Kenneth McManus..(Weiskopf, Jeffrey)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. . Document filed by Robert Kenneth McManus..(Halperin, Steven)
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Filing 18
AFFIDAVIT of Robert Kenneth McManus a/k/a Kenny Mack in Opposition re: #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION.. Document filed by Robert Kenneth McManus. (Attachments: #1 Exhibit A - Defendant's Employment Agreement with Haber).(Halperin, Steven)
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Filing 17
NOTICE OF APPEARANCE by Steven T. Halperin on behalf of Robert Kenneth McManus..(Halperin, Steven)
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Filing 16
DECLARATION of Mark A. Beckman Pursuant to Local Rule 6.1(d). Document filed by DWH&S, Inc...(Mogil, Jared)
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Filing 15
AFFIDAVIT of Paulette Guerrero-Duran FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 14
MEMORANDUM OF LAW in Support FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 13
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 12
ORDER denying without prejudice to renewal #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. The application for an order to show cause and a temporary restraining order [DI 9] is denied for failure to comply with Local Civ. R. 6. 1 (d). This is without prejudice to renewal on proper papers. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/2/2021) (jca)
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Set/Reset Hearings: Initial Conference set as a video-conference for 4/5/2021 at 10:00 AM before Judge Lewis A. Kaplan. 917-933-2166 with conference number 863479132# (Mohan, Andrew)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 11
AFFIDAVIT of Paulette Guerrero-Duran re: #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION., #10 Memorandum of Law in Support . Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 10
MEMORANDUM OF LAW in Support re: #9 MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. . Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 9
MOTION for Order to Show Cause FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by DWH&S, Inc., Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint,. Robert Kenneth McManus served on 3/30/2021, answer due 4/20/2021. Service was accepted by Robert Kenneth McManus. Document filed by DWH&S, Inc.; Steelite International U.S.A. Inc...(Beckman, Mark)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Robert Kenneth McManus..(dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark A. Beckman. The party information for the following party/parties has been modified: DWH&S, Inc., f/k/a D.W. Haber & Son, Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party was entered incorrectly. (dnh)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark A. Beckman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1121; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125la; the Fee Status code has been modified to pd (paid). (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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..(dnh)
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Magistrate Judge Barbara C. Moses 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. (dnh)
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Case Designated ECF. (dnh)
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Filing 6
NOTICE OF APPEARANCE by Jared Maxwell Mogil on behalf of DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., Steelite International U. S.A. Inc...(Mogil, Jared)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Robert Kenneth McManus, re: #1 Complaint,. Document filed by DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., Steelite International U. S.A. Inc...(Beckman, Mark)
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Filing 4
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #39) - RULE 26 DISCLOSURE.Document filed by DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., Steelite International U. S.A. Inc...(Beckman, Mark) Modified on 5/5/2021 (ldi).
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Filing 3
NOTICE OF APPEARANCE by Mark A. Beckman on behalf of DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., Steelite International U. S.A. Inc...(Beckman, Mark)
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Filing 2
CIVIL COVER SHEET filed..(Beckman, Mark)
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Filing 1
COMPLAINT against Robert Kenneth McManus. (Filing Fee $ 402.00, Receipt Number ANYSDC-24315123)Document filed by DWH&S, Inc., f/k/a D.W. Haber & Son, Inc., Steelite International U. S.A. Inc.. (Attachments: #1 Exhibit Separation Agreement, #2 Exhibit Letter Agreement).(Beckman, Mark)
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