Vaeso, Inc. v. High Peak Software, Inc.
Plaintiff: Vaeso, Inc.
Defendant: High Peak Software, Inc.
Counter Defendant: Defendant Impactiva, S. DE R.L.
Case Number: 1:2022cv01220
Filed: February 14, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul A Engelmayer
Nature of Suit: Contract: Other
Cause of Action: 18 U.S.C. ยง 1905 Disclosure of Confidential Information
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2022 Opinion or Order Filing 32 NOTICE of Hearing: Settlement Conference set for 5/31/2022 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than May 24, 2022, by 5:00 p.m.(rsh)
April 1, 2022 Opinion or Order Filing 31 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 4/25/2022 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348.(rsh)
March 29, 2022 Opinion or Order Filing 30 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. Counsel for plaintiff is directed to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date at such time that the parties agree a conference would be useful. (Signed by Judge Paul A. Engelmayer on 3/29/2022) (tg)
March 29, 2022 Opinion or Order Filing 29 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. Section 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. All fact discovery shall be completed no later than one hundred-twenty (120) days from the date of this Order. The parties will produce documents pursuant to Fed. R. Civ. P. 34 in PDF or native format. The parties will discuss the provisions of an appropriate Protective Order and will jointly move for the entry of said Protective Order. The dates set forth in Paragraph 6 of this Order shall not prohibit the parties from serving further written discovery requests or responses beyond those dates, subject to the provisions of Fed. R. Civ. P. 33, 34, and 36. Deposition due by 7/15/2022. Expert Discovery due by 8/31/2022. Estimate length of trial 5 days. Case Management Conference set for 9/29/2022 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 3/29/2022) (tg)
March 29, 2022 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 3/29/2022. (ajs)
March 23, 2022 Opinion or Order Filing 28 PROPOSED CASE MANAGEMENT PLAN. Document filed by High Peak Software, Inc...(Liston, David)
March 23, 2022 Opinion or Order Filing 27 LETTER addressed to Judge Paul A. Engelmayer from David G. Liston dated 03/23/2022 re: Case Management. Document filed by High Peak Software, Inc...(Liston, David)
March 15, 2022 Opinion or Order Filing 26 WAIVER OF SERVICE RETURNED EXECUTED. Impactiva, S. DE R.L. waiver sent on 3/14/2022, answer due 5/13/2022. Document filed by High Peak Software, Inc...(Schoenthaler, Peter)
March 15, 2022 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Lloyd Jeffrey Weinstein on behalf of Impactiva, S. DE R.L...(Weinstein, Lloyd)
March 14, 2022 Opinion or Order Filing 24 ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/14/2022) (va)
March 14, 2022 Opinion or Order Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #22 MOTION for Christopher Lee Rosser to Appear Pro Hac Vice. The motion of Christopher Rosser for admission to practice Pro Hae Vice in the above-captioned action is hereby granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/14/2022) (jca)
March 14, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Peter Frederick Schoenthaler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25848339. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 14, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Christopher Lee Rosser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25848411. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 11, 2022 Opinion or Order Filing 22 MOTION for Christopher Lee Rosser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25848411. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by High Peak Software, Inc.. (Attachments: #1 Affidavit Affidavit of Christopher Rosser in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Rosser, Christopher)
March 11, 2022 Opinion or Order Filing 21 MOTION for Peter Frederick Schoenthaler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25848339. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by High Peak Software, Inc.. (Attachments: #1 Affidavit Affidavit of Peter Schoenthaler in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Schoenthaler, Peter)
March 8, 2022 Opinion or Order Filing 20 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/29/2022 at 02:00 PM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/8/2022) (ks)
March 8, 2022 Opinion or Order Filing 19 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Impactiva, S. DE R.L., Vaeso, Inc.. Document filed by High Peak Software, Inc...(Patchen, Alex)
March 8, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alex Gregg Patchen to RE-FILE Document No. #18 Answer to Complaint,, Third Party Complaint,, Counterclaim,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; Third Party Complaint was selected. (pc)
March 7, 2022 Opinion or Order Filing 18 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - ANSWER to #6 Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Impactiva, S. DE R.L.., COUNTERCLAIM against Vaeso, Inc.. Document filed by High Peak Software, Inc...(Patchen, Alex) Modified on 3/8/2022 (pc).
March 7, 2022 Opinion or Order Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by High Peak Software, Inc...(Patchen, Alex)
February 25, 2022 Opinion or Order Filing 16 ORDER denying #2 Motion for Preliminary Injunction. The Court accordingly denies the application for emergency relief. The Clerk of the Court is respectfully directed to close the motion pending at docket 2. As defendant was served on February 14, 2022, it must answer or otherwise respond to the complaint by March 7, 2022. See Dkt. 8. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/25/2022) (va)
February 25, 2022 Opinion or Order Set/Reset Deadlines: High Peak Software, Inc. answer due 3/7/2022. (va)
February 24, 2022 Opinion or Order Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Vaeso, Inc...(Weinstein, Lloyd)
February 18, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of High Peak Software, Inc...(Patchen, Alex)
February 18, 2022 Opinion or Order Filing 13 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from David G. Liston dated February 18, 2022 re: #2 EMERGENCY MOTION for Preliminary Injunction . . Document filed by High Peak Software, Inc.. (Attachments: #1 Exhibit A).(Liston, David)
February 18, 2022 Opinion or Order Filing 12 NOTICE OF APPEARANCE by David Guerrero Liston on behalf of High Peak Software, Inc...(Liston, David)
February 18, 2022 Opinion or Order Filing 11 PROPOSED ORDER. Document filed by Vaeso, Inc.. Related Document Number: #2 ..(Weinstein, Lloyd) Proposed Order to be reviewed by Clerk's Office staff.
February 18, 2022 Opinion or Order Filing 10 LETTER addressed to Judge Paul A. Engelmayer from Lloyd Weinstein dated February 18, 2022 re: pending OSC requesting TRO. Document filed by Vaeso, Inc.. (Attachments: #1 Exhibit Email from Defendant's counsel).(Weinstein, Lloyd)
February 18, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (dt)
February 15, 2022 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to High Peak Software, Inc...(lal)
February 15, 2022 Opinion or Order Filing 8 CERTIFICATE OF SERVICE. High Peak Software, Inc. served on 2/14/2022, answer due 3/7/2022. Service was made by mail. Document filed by Vaeso, Inc...(Weinstein, Lloyd)
February 14, 2022 Opinion or Order Filing 7 ORDER with respect to #2 Motion for Preliminary Injunction. The Court directs Vaeso to serve HPS with all public filings, including the complaint and the emergency motion, by the end of the day today, February 14, 2022, and to file proof of service on the docket of the same by tomorrow, February 15, 2022. Counsel for HPS is directed to respond to the emergency motion in a letter of no more than three single spaced pages by Friday, February 18, 2022. The Court will thereupon promptly determine whether to hold a hearing before deciding whether to grant plaintiffs motion. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/14/2022) (jca)
February 14, 2022 Opinion or Order Filing 6 COMPLAINT against High Peak Software, Inc.. Document filed by Vaeso, Inc...(Weinstein, Lloyd)
February 14, 2022 Opinion or Order Filing 5 CIVIL COVER SHEET filed..(Weinstein, Lloyd)
February 14, 2022 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to High Peak Software, Inc.. (vf)
February 14, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to HIGH PEAK SOFTWARE, INC., re: #1 Complaint. Document filed by Vaeso, Inc...(Weinstein, Lloyd)
February 14, 2022 Opinion or Order Filing 2 EMERGENCY MOTION for Preliminary Injunction . Document filed by Vaeso, Inc.. (Attachments: #1 Affidavit Aff of Jose Suarez in support of TRO, #2 Supplement Memorandum of Law in support of TRO, #3 Exhibit Initial contract between parties, #4 Exhibit Amended contract between parties, #5 Exhibit Letter from HPS threatening confidential information of Plaintiff, #6 Exhibit Demand letter to Defendant's counsel, #7 Civil Cover Sheet Civil Cover Sheet).(Weinstein, Lloyd)
February 14, 2022 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Vaeso, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25724995)Document filed by Vaeso, Inc.. (Attachments: #1 Exhibit, #2 Exhibit).(Weinstein, Lloyd) Modified on 2/14/2022 (vf).
February 14, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lloyd Jeffrey Weinstein. The party information for the following party/parties has been modified: HIGH PEAK SOFTWARE, INC., Vaeso, Inc. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (vf)
February 14, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lloyd Jeffrey Weinstein to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
February 14, 2022 Opinion or Order Magistrate Judge Robert W. Lehrburger 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)
February 14, 2022 Opinion or Order Case Designated ECF. (vf)
February 14, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 2/18/2022 (jca)
February 14, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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)
February 14, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lloyd Jeffrey Weinstein to Document No. #2 EMERGENCY MOTION for Preliminary Injunction . The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet. Civil Cover Sheet is filed as a separate event; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020; Signature Error, the Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf)

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Plaintiff: Vaeso, Inc.
Represented By: Lloyd Jeffrey Weinstein
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Defendant: High Peak Software, Inc.
Represented By: David Guerrero Liston
Represented By: Peter F Schoenthaler
Represented By: Alex Gregg Patchen
Represented By: Christopher Rosser
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Counter defendant: Defendant Impactiva, S. DE R.L.
Represented By: Lloyd Jeffrey Weinstein
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