Diehard Exterminating Inc. et al v. Musto
Plaintiff: Diehard Exterminating Inc. and Pest Elimination Systems Technology, Inc.
Defendant: Daniel Musto
Case Number: 1:2021cv07598
Filed: September 10, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2021 Filing 23 MEMO ENDORSEMENT: on re: #22 Letter filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc. ENDORSEMENT: Counsel: I would be thrilled if you settled. But until you tell me that the settlement has been agreed to, I will not cancel the hearing. We have been hard at work on your matter and frankly, I have no other date on which I can hear you except tomorrow. So I can't run the risk that you come back to me in a week needing a hearing. So-please settle. I hope your discussions are fruitful.But unless you settle you must show up for the hearing. (Signed by Judge Colleen McMahon on 11/08/2021) (ama)
November 8, 2021 Filing 22 LETTER addressed to Judge Colleen McMahon from Ethan A. Kobre dated November 8, 2021 re: Notice of Settlement in Principle. Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Kobre, Ethan)
November 8, 2021 Filing 21 MEMO ENDORSEMENT denying #18 Motion to Strike document #18 FIRST MOTION to Strike Document No. [Plaintiffs' Expert Declaration, Technician Declarations, and Exhibits] . filed by Daniel Musto from the record. ENDORSEMENT: Denied. I am happy to offer a second day for hearing from an expert for you, but I am not going to persuade the expert from testimony. (Signed by Judge Colleen McMahon on 11/8/2021) (jca)
November 8, 2021 Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Stephen H. Orel dated November 8, 2021 re: #18 FIRST MOTION to Strike Document No. [Plaintiffs' Expert Declaration, Technician Declarations, and Exhibits] . . Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Orel, Stephen)
November 8, 2021 Filing 19 NOTICE OF APPEARANCE by Ethan Allen Kobre on behalf of Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Kobre, Ethan)
November 8, 2021 MEMORANDUM TO THE DOCKET CLERK: Hearing on Plaintiffs motion for a preliminary injunction scheduled for 11/9/2021 is adjourned sine die in contemplation of settlement.Submitted by: Amanda Barkin..(mde)
November 5, 2021 Filing 18 FIRST MOTION to Strike Document No. [Plaintiffs' Expert Declaration, Technician Declarations, and Exhibits] . Document filed by Daniel Musto..(Panico, Deanna)
November 5, 2021 Filing 17 ***SELECTED PARTIES***FIRST MOTION for Preliminary Injunction against Defendant Daniel Musto., MOTION for Temporary Restraining Order against Defendant Daniel Musto.( Return Date set for 11/9/2021 at 10:00 AM.) Document filed by Diehard Exterminating Inc., Daniel Musto, Pest Elimination Systems Technology, Inc.. (Attachments: #1 Affidavit of Dean Billings in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Exhibit 1 - Diehard Employee Handbook, #3 Affirmation of Kristin Pendergrass in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #4 Exhibit 2 - Summons and Complaint, #5 Exhibit 3 - Notice of Temporary Restraining Order, #6 Plaintiffs' Memorandum of Law In Support of Motion for Temporary Restraining Order and Preliminary Injunction, #7 RJI - Order to Show Cause, #8 Addendum - Commercial Division, #9 Court Transcript from Oral Argument held on August 27, 2021 in front of the Honorable Barry Ostrager, JSC)Motion or Order to File Under Seal: #14 .(Serigano, Victoria) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
November 5, 2021 Filing 16 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Daniel Musto..(Panico, Deanna) Proposed Order to be reviewed by Clerk's Office staff. Modified on 11/5/2021 (dt).
November 5, 2021 ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Panico, Deanna re: Document #16 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or Genral Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (dt)
October 27, 2021 Filing 15 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #5 FIRST LETTER MOTION for Conference regarding temporary restraining order issued in Supreme Court, New York County, Commercial Division prior to removal addressed to Judge Colleen McMahon from Victoria R. Serigano dated September 15, 2021. Defendant's Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Daniel Musto. (Attachments: #1 Affidavit with Exhibits A-N)Motion or Order to File Under Seal: #14 .(Panico, Deanna)
October 19, 2021 Opinion or Order Filing 14 STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Colleen McMahon on 10/18/2021) (kv)
October 15, 2021 Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Serigano, Victoria)
October 7, 2021 Minute Entry for proceedings held before Judge Colleen McMahon: Scheduling Conference held on 10/7/2021. Decision: Scheduling conference with attorneys held via telephone conference. Post-conference scheduling order available on ECF. Submitted by: Amanda Barkin. (mde)
October 7, 2021 Filing 12 AFFIDAVIT OF SERVICE. Daniel Musto served on 8/31/2021, answer due 9/21/2021. Service was accepted by Daniel Musto. Document filed by Diehard Exterminating Inc.; Pest Elimination Systems Technology, Inc...(Serigano, Victoria)
October 7, 2021 Opinion or Order Filing 11 ORDER granting #10 Letter Motion to Adjourn Conference. (1) The Court having convened a second scheduling conference in this removed action, enters the following tentative schedule (all deadlines fall at 5:00 PM on the date indicated): Plaintiffs must produce discovery responsive to Defendant's requests by October 15, 2021. Defendant's memorandum of law in opposition to the motion for a preliminary injunction must be filed with the Court by October 27, 2021. Direct testimony from all witnesses in the form of affidavits and a hard copy of all exhibits to be introduced at the hearing on Plaintiff's motion for a preliminary injunction must be received in chambers no later than November 3, 2021. The hearing on Plaintiff's motion for a preliminary injunction is tentatively scheduled for 10:00 AM on November 9, 2021, in courtroom 24A of the Daniel Patrick Moynihan Court House at 500 Pearl Street, New York, New York. The parties should not expect to file post-trial briefs but should be prepared to argue as soon as all witnesses have been cross-examined. It is likely that the Court will read a decision into the record. (2) The temporary restraining order entered by The Hon. Barry Ostrager is extended on consent until the conclusion of the hearing.. (Signed by Judge Colleen McMahon on 10/7/2021) (kv)
October 7, 2021 Set/Reset Deadlines: Responses due by 10/27/2021 (kv)
October 7, 2021 Set/Reset Deadlines as to Motion Hearing set for 11/9/2021 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (kv)
October 6, 2021 Filing 10 SECOND LETTER MOTION to Adjourn Conference including preliminary injunction hearing, corresponding deadlines, and extension of injunctive relief on consent of both parties addressed to Judge Colleen McMahon from Victoria R. Serigano dated October 6, 2021. Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc.. Return Date set for 10/18/2021 at 10:00 AM..(Serigano, Victoria)
September 27, 2021 Filing 9 FIRST LETTER MOTION to Adjourn Conference including preliminary injunction hearing, corresponding deadlines, and extension of injunctive relief on consent of both parties addressed to Judge Colleen McMahon from Victoria R. Serigano dated September 27, 2021. Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc.. Return Date set for 10/5/2021 at 10:00 AM..(Serigano, Victoria)
September 21, 2021 Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 9/21/2021. Decision: Scheduling conference held. Temporary restraining order extended until the conclusion of the hearing on Plaintiffs motion for preliminary injunction, which is set for 10:00 AM on October 5, 2021. Defendant must serve discovery requests on Plaintiffs by September 21, 2021. Defendant must product all discovery by September 24, 2021. Plaintiffs must product all discovery by September 27, 2021. Defendant must file opposition to motion for preliminary injunction by September 28, 2021. Affidavits of witness testimony and exhibit books must be received by chambers by September 30, 2021.Submitted by: Amanda Barkin. (mde)
September 21, 2021 Opinion or Order Filing 8 SCHEDULING ORDER AND ORDER EXTENDING TRO: Defendant's memorandum of law in opposition to the motion for a preliminary injunction must be filed with the Court as soon as possible, but no later than September 28, 2021. The hearing on Plaintiffs' motion for preliminary injunction will be held at 10:00 AM on October 5, 2021, in courtroom 24A of the Daniel Patrick Moynihan Court House at 500 Pearl Street, New York, New York. (As further set forth in this Order.) The court having reviewed the papers filed in the New York State Supreme Court, and finding therein good cause for the continuation of the temporary restraining order that was entered by The Hon. Barry Ostrager, on notice and after oral argument, on August 27, 2021, and taking into account the delay engendered by the removal of this ease to federal court on September 10, 2021, it is hereby ORDERED that the temporary restraining order be and hereby is extended until the conclusion of the hearing on October 5, 2021. Responses due by 9/28/2021 Status Conference set for 10/5/2021 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/21/2021) (cf)
September 21, 2021 Filing 7 NOTICE OF APPEARANCE by Stephen Howard Orel on behalf of Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Orel, Stephen)
September 20, 2021 Opinion or Order Filing 6 NOTICE granting #5 FIRST LETTER MOTION for Conference regarding temporary restraining order issued in Supreme Court, New York County, Commercial Division prior to removal addressed to Judge Colleen McMahon from Victoria R. Serigano dated September 15, 2021. Please take notice that the above captioned case has been scheduled for a telephone conference at 2:00 PM on Tuesday, September 21, 2021. Parties, press, and the public may dial in at (888) 363-4749; access code 9054506. SO ORDERED. Telephone Conference set for 9/21/2021 at 02:00 PM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/20/2021) (mml)
September 15, 2021 Filing 5 FIRST LETTER MOTION for Conference regarding temporary restraining order issued in Supreme Court, New York County, Commercial Division prior to removal addressed to Judge Colleen McMahon from Victoria R. Serigano dated September 15, 2021. Document filed by Diehard Exterminating Inc., Pest Elimination Systems Technology, Inc...(Serigano, Victoria)
September 15, 2021 Filing 4 NOTICE OF APPEARANCE by Victoria Rose Serigano on behalf of Pest Elimination Systems Technology, Inc...(Serigano, Victoria)
September 15, 2021 Filing 3 NOTICE OF APPEARANCE by Victoria Rose Serigano on behalf of Diehard Exterminating Inc...(Serigano, Victoria)
September 15, 2021 Filing 2 CIVIL COVER SHEET filed..(Panico, Deanna)
September 13, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Deanna Darlene Panico. The following case opening statistical information was erroneously selected/entered: Cause of Action code M: Miscellenous; 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 28:1332 Diversity Action; the Fee Status code has been modified to pd (paid). (vf)
September 13, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Deanna Darlene Panico. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
September 13, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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)
September 13, 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. (vf)
September 13, 2021 Case Designated ECF. (vf)
September 10, 2021 Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 655025/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25047102).Document filed by Daniel Musto. (Attachments: #1 Exhibit all filed documents in State Court Action).(Panico, Deanna)

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Plaintiff: Diehard Exterminating Inc.
Represented By: Ethan Allen Kobre
Represented By: Stephen Howard Orel
Represented By: Victoria Rose Serigano
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Plaintiff: Pest Elimination Systems Technology, Inc.
Represented By: Ethan Allen Kobre
Represented By: Stephen Howard Orel
Represented By: Victoria Rose Serigano
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Defendant: Daniel Musto
Represented By: Deanna Darlene Panico
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