Ipsos-Insight, LLC v. Gessel
Plaintiff: Ipsos-Insight, LLC
Defendant: Jacob Gessel
Case Number: 1:2021cv03992
Filed: May 4, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Contract: Other
Cause of Action: 41 U.S.C. § 6503
Jury Demanded By: Plaintiff
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This docket was last retrieved on July 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2021 Opinion or Order Filing 35 OPINION AND ORDER re: #10 MOTION to Dismiss . filed by Jacob Gessel. Gessel's motion to dismiss is GRANTED with respect to Ipsos's claim that he breached the Non-Compete Clause. Moreover, the Court declines to grant Ipsos leave to amend the claim. Although leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), it is "within the sound discretion of the district court to grant or deny leave to amend," Broidy Cap. Mgmt. LLC v. Benomar, 944 F.3d 436, 447 (2d Cir. 2019) (internal quotation marks omitted). Here, the problems with Ipsos's claim are substantive, so amendment would be futile. See, e.g., Roundtree v. NYC, No. 19-CV-2475 (JMF), 2021 WL 1667193, at *6 (S.D.N.Y. Apr. 28, 2021) (citing cases). Although Ipsos requests leave to amend "to assert additional facts concerning the non-legal nature of much of what Gessel did for Ipsos," Pl.'s Opp'n 20 n.2, those facts would not change the conclusion that the Non-Compete Clause violates Rule 5.6(a) and, thus, is categorically unenforceable under existing New York law. The Court refrains from ruling on Ipsos's allegations that Gessel breached the Fair Competition Agreement "by failing to give Ipsos two weeks' advance written notice of his intention to work for Medallia, a competitor of Ipsos and "by deleting the contents of the cellphone Ipsos provided to him prior to returning it to Ipsos." Compl. 44, 46. No later than July 16, 2021, Ipsos shall file a letter indicating whether (in light of this ruling or otherwise) it intends to pursue these theories of breach. To the extent that it does intend to do so, the letter should also address whether the two theories should be deemed abandoned and whether, in light of the Court's ruling with respect to the Non-Compete Clause, the two-week-notice provision is also categorically unenforceable. If Ipsos indicates in its letter that it does not intend to press either theory, the Court will close the case without further notice. If Ipsos indicates in its letter that it intends to press either theory, Gessel may file a letter in response no later than July 23, 2021. (Pending the Court's ruling on whether either or both of these theories will proceed, Gessel need not file an answer.) No reply may be filed absent leave of Court. Finally, in light of this ruling, the pretrial conference previously scheduled for July 6, 2021, to discuss an expedited discovery schedule, see ECF No. 32, is CANCELED as unnecessary. The Clerk of Court is directed to terminate ECF No. 10. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/2/21) (yv)
June 30, 2021 Opinion or Order Filing 34 SCHEDULING ORDER: The July 1, 2021 PSC is hereby adjourned to July 14, 2021 at 11:30 am. Dial-in (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (aww)
June 30, 2021 Filing 33 NOTICE OF APPEARANCE by Qing Guo on behalf of Jacob Gessel..(Guo, Qing)
June 28, 2021 Opinion or Order Filing 32 ORDER: The pretrial conference currently scheduled for June 29, 2021, is hereby ADJOURNED to July 6, 2021, at 2:15 p.m. Unless and until the Court orders otherwise (pursuant to a letter motion filed by either of the parties or otherwise), the conference will be held in person in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
June 25, 2021 Filing 31 LETTER addressed to Judge Jesse M. Furman from Steven M. Kayman dated June 25 2021 re: Letter to Judge Furman responding to Gessel Letter Motion. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
June 25, 2021 Filing 30 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Michael S. Hanan dated June 25, 2021. Document filed by Jacob Gessel. (Attachments: #1 Exhibit A-C).(Hanan, Michael)
June 25, 2021 Filing 29 LETTER addressed to Judge Jesse M. Furman from Steven M. Kayman dated June 25 2021 re: response to the Court's June 17, 2021 Order [Dkt. No. 27]. Document filed by Ipsos-Insight, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Kayman, Steven)
June 23, 2021 Opinion or Order Filing 28 SCHEDULING ORDER: The June 24, 2021 PSC is hereby adjourned to July 1, 2021 at 2:00 pm. See ECF 23 for dial-in. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (aww)
June 17, 2021 Opinion or Order Filing 27 MEMO ENDORSEMENT on re: #25 Letter filed by Ipsos-Insight, LLC. ENDORSEMENT: The Court is not prepared at the moment to rule definitively on Defendant's motion to dismiss, but having reviewed the parties' submissions and some of the applicable case law, the Court concludes that Plaintiff's request for expedited discovery should be granted at this time. Counsel should confer with respect to whether trial on the merits should be consolidated with any motion for preliminary injunction and, either way, submit a proposed schedule using the Court's form Case Management Plan (available on the Court's website), as an attachment to a joint letter to be filed no later than June 25, 2021, at noon. Unless and until the Court orders otherwise, the parties shall appear for a conference to set a schedule on June 29, 2021, at 11 a.m. If all participants in the conference are fully vaccinated against COVID-19, the Court is prepared to hold that conference in person. If not, or if counsel would prefer not to appear in person, the Court is prepared to conduct the conference by telephone. Counsel should address whether the conference should be held in person or by telephone in the aforementioned joint letter. SO ORDERED. ( Status Conference set for 6/29/2021 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/17/2021) (va)
June 16, 2021 Filing 26 LETTER addressed to Judge Jesse M. Furman from Michael S. Hanan, Esq. dated June 16, 2021 re: Opposition to Plaintiff's Renewed Application for Limited Expedited Discovery (ECF. No. 25). Document filed by Jacob Gessel..(Hanan, Michael)
June 15, 2021 Filing 25 LETTER addressed to Judge Jesse M. Furman from Steven M. Kayman dated June 15, 2021 re: Renewed Application for Limited Expedited Discovery. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
June 11, 2021 Filing 24 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Jacob Gessel..(Hanan, Michael)
June 9, 2021 Opinion or Order Filing 23 SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Thursday, June 24, 2021 at 11:00 a.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. (Telephone Conference set for 6/24/2021 at 11:00 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/9/2021) (rro)
June 7, 2021 Filing 22 DECLARATION of JORDAN B. LEADER in Opposition re: #10 MOTION to Dismiss .. Document filed by Ipsos-Insight, LLC. (Attachments: #1 Exhibit 1).(Leader, Jordan)
June 7, 2021 Filing 21 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss . (PLAINTIFF IPSOS-INSIGHT, LLC'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
June 3, 2021 Opinion or Order Filing 20 SCHEDULING ORDER: Telephone Conference set for 6/24/2021 at 11:00 AM before Magistrate Judge Ona T. Wang. The dial in information is (866) 3901828, access code 1582687. (Signed by Magistrate Judge Ona T. Wang on 6/3/2021) (tro)
June 3, 2021 ***DELETED DOCUMENT. Deleted document number #20 SCHEDULING ORDER. The incorrect event was used for the docketing of this order. The document was incorrectly filed in this case and will be re-docketed. (tro)
June 2, 2021 Filing 19 JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Jordan B. Leader dated June 2 2021 re: Letter to Magistrate Judge Wang regarding settlement conference.. Document filed by Ipsos-Insight, LLC..(Leader, Jordan)
June 1, 2021 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 6/1/2021. Steven Kayman, Jordan Leader, and Shiva Pedram present for Plaintiff. Michael Hanan present for Defendant. Court reporter present. (ab)
June 1, 2021 Opinion or Order Filing 18 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. The parties are directed to contact the chambers of Magistrate Judge Wang no later than June 2, 2021, to schedule a settlement conference to take place as soon as possible. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/01/2021) (ama)
June 1, 2021 Opinion or Order Filing 17 ORDER: As stated on the record during the teleconference held earlier today: The Court's Scheduling Order of May 27, 2021, ECF No. 13, is hereby VACATED (although the Clerk of Court can leave it on the docket). Plaintiff shall file any opposition to the pending motion to dismiss, ECF No. 10, no later than June 7, 2021. Defendant shall file any reply no later than June 11, 2021. Plaintiff shall indicate in its opposition whether it would seek leave to amend i.e., is in possession of facts that would cure any deficiencies in the Complaint in the event that the Court were to grant the motion to dismiss. By separate Order to be entered today, the Court will refer this case to Magistrate Judge Wang for settlement purposes. The parties shall contact the Chambers of Magistrate Judge Wang no later than June 2, 2021, to schedule a settlement conference as soon as practicable. SO ORDERED., ( Responses due by 6/7/2021, Replies due by 6/11/2021.) (Signed by Judge Jesse M. Furman on 6/01/2021) (ama)
May 31, 2021 Filing 16 LETTER REPLY to Response to Motion addressed to Judge Jesse M. Furman from Steven M. Kayman dated 5/31/2021 re: #9 LETTER MOTION for Discovery seeking conference regarding expedited discovery addressed to Judge Jesse M. Furman from Steven M. Kayman dated May 26 2021. . Document filed by Ipsos-Insight, LLC. (Attachments: #1 Exhibit 1: Dish Network v. Shebar, No. 2017CV31079 (Dist. Ct., Denver, Co. May 9, 2017), #2 Exhibit 2: Kevin D. Horvitz, An Unreasonable Ban on Reasonable Competition: The Legal Professions Protectionist Stance Against Noncompete Agreements Binding In-House Counsel, 65 Duke L. J. 1007 (2016)).(Kayman, Steven)
May 27, 2021 Filing 15 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Michael S. Hanan dated May 27, 2021 re: #9 LETTER MOTION for Discovery seeking conference regarding expedited discovery addressed to Judge Jesse M. Furman from Steven M. Kayman dated May 26 2021. . Document filed by Jacob Gessel..(Hanan, Michael)
May 27, 2021 Opinion or Order Filing 14 ORDER granting #9 Letter Motion for Discovery. Application GRANTED. The parties are hereby ORDERED to appear for a conference before the Court on June 1, 2021, at 2:00 p.m. The conference will be conducted remotely by telephone in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. The Clerk of Court is directed to terminate ECF No. 9. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/27/21) (yv)
May 27, 2021 Opinion or Order Filing 13 Vacated as per Judge's Order dated 6/01/2021, Doc. # 17 ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by June 16, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by June 16, 2021. Defendant's reply, if any, shall be filed by June 23, 2021. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for July 20, 2021, is adjourned sine die. SO ORDERED. ( Amended Pleadings due by 6/16/2021., Responses due by 6/16/2021, Replies due by 6/23/2021.) (Signed by Judge Jesse M. Furman on 5/27/21) (yv) Modified on 6/1/2021 (ama).
May 27, 2021 Set/Reset Hearings: Telephone Conference set for 6/1/2021 at 02:00 PM before Judge Jesse M. Furman. (yv)
May 26, 2021 Filing 12 DECLARATION of Michael S. Hanan in Support re: #10 MOTION to Dismiss .. Document filed by Jacob Gessel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Hanan, Michael)
May 26, 2021 Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss . . Document filed by Jacob Gessel..(Hanan, Michael)
May 26, 2021 Filing 10 MOTION to Dismiss . Document filed by Jacob Gessel. (Attachments: #1 Text of Proposed Order, #2 Certification of Service).(Hanan, Michael)
May 26, 2021 Filing 9 LETTER MOTION for Discovery seeking conference regarding expedited discovery addressed to Judge Jesse M. Furman from Steven M. Kayman dated May 26 2021. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
May 10, 2021 Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Jacob Gessel served on 5/6/2021, answer due 5/27/2021. Service was accepted by Jacob Gessel, Defendant. Document filed by Ipsos-Insight, LLC..(Leader, Jordan)
May 6, 2021 Filing 7 NOTICE OF APPEARANCE by Jordan Blake Leader on behalf of Ipsos-Insight, LLC..(Leader, Jordan)
May 5, 2021 Opinion or Order Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on July 20, 2021, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 7/20/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/5/21) (yv)
May 5, 2021 Filing 5 ELECTRONIC SUMMONS ISSUED as to Jacob Gessel..(jgo)
May 5, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Michael Kayman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000;. (jgo)
May 5, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo)
May 5, 2021 Magistrate Judge Ona T. Wang 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. (jgo)
May 5, 2021 Case Designated ECF. (jgo)
May 4, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ipsos, S.A.- Parent of Ipsos-America, Inc for Ipsos-Insight, LLC. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
May 4, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Jacob Gessel, re: #1 Complaint. Document filed by Ipsos-Insight, LLC..(Kayman, Steven)
May 4, 2021 Filing 2 CIVIL COVER SHEET filed..(Kayman, Steven)
May 4, 2021 Filing 1 COMPLAINT against Jacob Gessel. (Filing Fee $ 402.00, Receipt Number ANYSDC-24494039)Document filed by Ipsos-Insight, LLC..(Kayman, Steven)

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Plaintiff: Ipsos-Insight, LLC
Represented By: Steven Michael Kayman
Represented By: Jordan Blake Leader
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Defendant: Jacob Gessel
Represented By: Michael Scott Hanan
Represented By: Qing Guo
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