Berkowitz v. Gould Paper Corp.
| David Berkowitz |
| Gould Paper Corp. |
| 1:2021cv06582 |
| August 4, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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Filing 19
REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. . Document filed by Gould Paper Corp...(O'Connor, John)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #19) REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. . Document filed by Gould Paper Corp...(Brady, Patrick) Modified on 9/22/2021 (lb).
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Filing 17
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Reply Memorandum of Law in Support of Respondent's Motion to Dismiss the Petition to Modify and To Confirm the Arbitration. Document filed by Gould Paper Corp...(Brady, Patrick) Modified on 9/22/2021 (lb).
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Filing 16
MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. . Document filed by David Berkowitz. (Attachments: #1 Affidavit Certification of Counsel, #2 Exhibit Exhibits 1-7 to Certification of Counsel).(Topelsohn, Lauren)
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Filing 15
ORDER: IT IS HEREBY ORDERED that the Final Arbitration Award must be made public. The Clerk of Court is respectfully directed to change the viewing restrictions on docket entry 4 to public. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/11/2021) (ama)
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Filing 14
MEMO ENDORSEMENT: on re: #13 Letter filed by David Berkowitz. ENDORSEMENT: Application GRANTED. Petitioner must respond in opposition to the motion to dismiss by no later than September 14, 2021. Respondent's reply in support of its motion is due no later than September 21, 2021. SO ORDERED., ( Responses due by 9/14/2021, Replies due by 9/21/2021.) (Signed by Judge Valerie E. Caproni on 9/02/2021) (ama)
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Filing 13
LETTER addressed to Judge Valerie E. Caproni from Lauren X. Topelsohn dated September 2, 2021 re: extension of time to file reply. Document filed by David Berkowitz..(Topelsohn, Lauren)
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Filing 12
CERTIFICATE OF SERVICE. Document filed by Gould Paper Corp...(O'Connor, John)
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Filing 11
MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. . Document filed by Gould Paper Corp...(O'Connor, John)
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Filing 10
MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. Document filed by Gould Paper Corp.. (Attachments: #1 Text of Proposed Order).(O'Connor, John)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John M. O'Connor to RE-FILE Document #9 MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Petition to Modify and Confirm Arbitration Award. Document filed by Gould Paper Corp.. (Attachments: #1 MOL in Support of Motion, #2 Text of Proposed Order, #3 Cert of Service).(O'Connor, John) Modified on 9/2/2021 (ldi).
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Filing 8
CERTIFICATE OF SERVICE of Order to Show Cause served on John M. O'Connor, Esq. on August 25, 2021. Service was made by E-Mail. Document filed by David Berkowitz..(Topelsohn, Lauren)
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Filing 7
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that by no later than Friday, September 3, 2021, either party may show cause why the Court should not remove the viewing restrictions on the Final Arbitration Award, thereby making it a public document on ECF. If neither party files a response to the Court's order, or if neither party shows the required cause, the Court will make the Final Arbitration Award public. IT IS FURTHER ORDERED that Petitioner must serve a copy of this Order on Respondent and file proof of such service on the docket by no later than Wednesday, August 25, 2021. (Signed by Judge Valerie E. Caproni on 8/24/2021) (ate)
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Filing 6
CERTIFICATE OF SERVICE of Verified Petition to Confirm/Modify Arbitration Award with supporting documents served on Gould Paper Corp. on August 12, 2021. Service was accepted by John M. O'Connor, Esq.. Service was made by EMAIL. Document filed by David Berkowitz..(Topelsohn, Lauren)
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Filing 5
MEMO ENDORSEMENT on LETTER MOTION TO SEAL EXHIBIT: denying without prejudice #3 Letter Motion for Leave to File Document. ENDORSEMENT: Application DENIED without prejudice. The Court finds that the arbitration award from the American Arbitration Association is a "judicial document" within the meaning of that term as used in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Petitioner has asked the Court to modify and confirm the arbitration award, demonstrating that because it is "relevant to the performance of the judicial function and useful in the judicial process," it is rightly "designated a judicial document." Brown v. Maxwell, 929 F.3d 41, 49 (2d Cir. 2019) (citing United States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995)). Because the opinion is a judicial document, a presumption of public access applies. See Lugosch, 435 F.3d at 119. The Court finds that the weight of the presumption in this matter is high, given the "the role of the material at issue in the exercise of Article III judicial power and the resultant value of such information to those monitoring the federal courts." Id. Petitioner has not identified any competing considerations that outweigh the presumption of access. Petitioner notes that the Arbitrator directed that the award not be disclosed absent one of a few criteria, including an order of a court. Topelsohn Decl., Dkt. 3-2 Paragraph 4. Because the Court is herein ordering the disclosure of the award, that directive is not being violated. Petitioner further notes that the agreement could harm Petitioner's future employment opportunities and potentially harm Respondent's competitors. Id. Paragraph 9. The Court agrees that those may be higher values that overcome the presumption of public access. But, as Petitioner notes, redactions must be narrowly tailored. Id. Paragraph 10 (cited Lugosch, 435 F.3d at 119). The wholesale sealing of the entire Arbitration Award is not narrowly tailored. If particular portions of the Arbitration Award are legitimately confidential, Petitioner may refile a motion to seal proposing more narrow redactions for consideration by the Court by no later than Friday, August 20, 2021. The Court reminds Petitioner that he must follow Rule 5(B) of the undersigned's Individual Practices in Civil Cases, including that proposed redacts must be highlighted in the unredacted document filed under seal on ECF. The Clerk of Court is respectfully directed to close the open motion at docket entry 3. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/05/2021) (ama) Modified on 8/6/2021 (ama). Modified on 8/12/2021 (ama).
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Set/Reset Deadlines: Motions due by 8/20/2021. (ama)
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Filing 4
***SELECTED PARTIES***REDACTION to #3 LETTER MOTION for Leave to File Exhibit C to Verified Petition to Confirm Arbitration Award addressed to Judge Valerie E. Caproni from Lauren X. Topelsohn, Esq. dated August 5, 2021. by David Berkowitz, Gould Paper Corp.Motion or Order to File Under Seal: #3 .(Topelsohn, Lauren)
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Filing 3
LETTER MOTION for Leave to File Exhibit C to Verified Petition to Confirm Arbitration Award addressed to Judge Valerie E. Caproni from Lauren X. Topelsohn, Esq. dated August 5, 2021. Document filed by David Berkowitz. (Attachments: #1 Text of Proposed Order, #2 Affidavit).(Topelsohn, Lauren)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren X. Topelsohn. The party information for the following party/parties has been modified: David Berkowitz; Gould Paper Corp. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lauren X. Topelsohn. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); County code Albany. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(vf)
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Case Designated ECF. (vf)
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Magistrate Judge Stewart D. Aaron 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. (vf)
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Filing 2
CIVIL COVER SHEET filed..(Topelsohn, Lauren)
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Filing 1
PETITION TO CONFIRM/MODIFY ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-24886303).Document filed by David Berkowitz. (Attachments: #1 Exhibit A and B to Verified Petition, #2 Affidavit in Support, #3 Exhibit A through F to Affidavit, #4 Supplement Brief in Support, #5 Supplement Letter Motion to Seal Arbitration Award, #6 Affidavit in Support of Motion to Seal).(Topelsohn, Lauren)
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| Plaintiff: David Berkowitz | |
| Represented By: | Lauren X. Topelsohn |
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| Defendant: Gould Paper Corp. | |
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