Relevent Sports, LLC v. Stillitano
| Relevent Sports, LLC |
| Carmelo Stillitano |
| 1:2022cv02917 |
| April 7, 2022 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 36
ORDER denying without prejudice #28 MOTION for Attorney Fees / Notice of Plaintiff Relevent Sports, LLC's Motion for Attorneys' Fees and Costs. On May 2, 2022, Plaintiff Relevent Sports, LLC ("Relevent") moved for an award of attorney's fees and costs. See Dkt. No. 28. On May 13, 2022, Defendant Carmelo Stillitano ("Stillitano") opposed the motion. See Dkt. No. 34. In light of Stillitano's appeal filed in this matter, Relevent's motion (Dkt. No. 28) is denied without prejudice. SO ORDERED.. (Signed by Judge Victor Marrero on 5/17/2022) (jca)
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| Filing 35 ANSWER to #1 Complaint,. Document filed by Carmelo Stillitano..(Noren, Benjamin) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #28 MOTION for Attorney Fees / Notice of Plaintiff Relevent Sports, LLC's Motion for Attorneys' Fees and Costs. . Document filed by Carmelo Stillitano..(Hutcher, Larry) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/18/22 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....(Moya, Goretti) |
| Filing 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2022 before Judge Victor Marrero. Court Reporter/Transcriber: Michael McDaniel, (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 5/24/2022. Redacted Transcript Deadline set for 6/3/2022. Release of Transcript Restriction set for 8/1/2022..(Moya, Goretti) |
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Filing 31
ORDER with respect to #28 Motion for Attorney Fees. Defendant Carmelo Stillitano is directed to respond to the motion of plaintiff Relevent Sports, LLC (Dkt. No. 28) within ten (10) days of this order. SO ORDERED. (Signed by Judge Victor Marrero on 5/3/2022) (tg)
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| Filing 30 DECLARATION of HARRIS M. MUFSON in Support re: #28 MOTION for Attorney Fees / Notice of Plaintiff Relevent Sports, LLC's Motion for Attorneys' Fees and Costs.. Document filed by Relevent Sports, LLC. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Email, #4 Exhibit 4 - Transcript, #5 Exhibit 5 - Email, #6 Exhibit 6 - Invoices, #7 Exhibit 7 - Billing Report, #8 Exhibit 8 - Articles, #9 Exhibit 9 - Article).(Mufson, Harris) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION for Attorney Fees / Notice of Plaintiff Relevent Sports, LLC's Motion for Attorneys' Fees and Costs. . Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 28 MOTION for Attorney Fees / Notice of Plaintiff Relevent Sports, LLC's Motion for Attorneys' Fees and Costs. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 27 CORRECTED NOTICE OF APPEAL re: #26 Notice of Interlocutory Appeal, #24 Order,,,,,. Document filed by Carmelo Stillitano..(Hutcher, Larry) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Hutcher, Larry to RE-FILE Document No. #26 Notice of Interlocutory Appeal,.. The filing is deficient for the following reason(s): the order being appealed was not selected;. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order being appealed. (nd) |
| Appeal Fee Paid electronically via Pay.gov: for #27 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-26062054, paid on 4/26/2022. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #27 Corrected Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #27 Corrected Notice of Appeal filed by Carmelo Stillitano were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 26 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Carmelo Stillitano. Filing fee $ 505.00, receipt number ANYSDC-26062054. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Hutcher, Larry) Modified on 4/27/2022 (nd). |
| Filing 25 UNDERTAKING ON PRELIMINARY INJUNCTION BOND, BOND #3495424 in the amount of $25,000.00 posted by Relevent Sports, LLC.(km) |
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Filing 24
ORDER: Accordingly, the Court hereby ORDERS: Through May 7, 2022, Defendant and his agents and all other persons who are in active concert or participation with Defendant are enjoined from violating any and all terms within the Covenants Agreement, including by (a) engaging in any business (whether as an employee, consultant, director, officer, partner, member, investor or shareholder) that is a Competitive Business (as defined in the Covenants Agreement); or (b) directly or indirectly diminishing the relationships between the Company Group (as defined in the Covenants Agreement) and any of their investors, clients, customers, sponsors, collaborators, participant soccer clubs or teams, vendors or service providers or seek, to divert such relationships for Defendant's personal benefit or to such firm or other person or entity with whom Defendant may then be employed or otherwise associated; and it is further ORDERED that the grant of expedited discovery in the Court's April 8, 2022 Order (Dkt. No. 8) is continued; and it is further ORDERED that security in the amount of $25,000 be posted by Relevent Sports, LLC no later than two (2) days after the entry of this order. SO ORDERED. (Signed by Judge Victor Marrero on 4/18/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Victor Marrero: Show Cause Hearing held on 4/18/2022. Attorney Harris Mufson on behalf of Plaintiff. Attorney Larry Hutcher on behalf of Defendant. The Court heard argument related to Plaintiff's motion for an injunction and rulings were made on the record. Order to follow. |
| Filing 23 LETTER addressed to Judge Victor Marrero from Harris M. Mufson dated March 15, 2022 re: response to Defendant's April 15, 2022 letter (Dkt. No. 22). Document filed by Relevent Sports, LLC. (Attachments: #1 Exhibit 1 - Email).(Mufson, Harris) |
| Filing 22 LETTER addressed to Judge Victor Marrero from Larry Hutcher dated April 15, 2022 re: Relevent's baseless threat of sanctions. Document filed by Carmelo Stillitano..(Noren, Benjamin) |
| Filing 21 LETTER addressed to Judge Victor Marrero from Harris M. Mufson dated April 14, 2022 re: response to Defendant's April 14, 2022 letter (Dkt. No. 20). Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 20 LETTER addressed to Judge Victor Marrero from William H. Mack dated April 14, 2022 re: Plaintiff's Improper Filing (Dkt No. 17). Document filed by Carmelo Stillitano..(Noren, Benjamin) |
| Filing 19 MOTION for Preliminary Injunction Affidavit in Opposition to Plaintiffs Preliminary Injunction. Document filed by Carmelo Stillitano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Noren, Benjamin) |
| Filing 18 BRIEF In Opposition. Document filed by Carmelo Stillitano..(Noren, Benjamin) |
| Filing 17 AFFIDAVIT of DANIEL SILLMAN in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Relevent Sports, LLC. (Attachments: #1 Exhibit 1 - Notice and Acknowledgment, #2 Exhibit 2 - Email, #3 Exhibit 3 - Email).(Mufson, Harris) |
| Filing 16 CERTIFICATE OF SERVICE of (1) Signed Order to Show Cause for the Preliminary Injunction and Temporary Restraining Order, (2) Verified Complaint and Exhibits, (3) Civil Cover Sheet, (4) Rule 7.1 Corporate Disclosure Statement, (5) Summons, and (6) Memorandum of Law in Support of Relevents Application for a Temporary Restraining Order, a Preliminary Injunction, and Expedited Discovery served on Defendant on April 7, 2022. Service was made by electronic mail. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 15 CERTIFICATE OF SERVICE of (1) Verified Complaint and Exhibits, (2) Civil Cover Sheet, (3) Rule 7.1 Corporate Disclosure Statement, (4) Summons, (5) Proposed Order to Show Cause for the Preliminary Injunction and Temporary Restraining Order, and (6 ) Memorandum of Law in Support of Relevents Application for a Temporary Restraining Order, a Preliminary Injunction, and Expedited Discovery served on Defendant on April 7, 2022. Service was made by electronic mail. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 14 CERTIFICATE OF SERVICE of Summons and Complaint,. Carmelo Stillitano served on 4/7/2022, answer due 4/28/2022. Service was made by electronic mail. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
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Filing 13
ORDER: The hearing currently scheduled in this matter for April 22, 2022 is hereby rescheduled to April 18, 2022 at 2:00 PM. The hearing shall be a teleconference. The parties are directed to use the dial-in number 888-363-4749, with access code 8392198. Furthermore, the parties are hereby directed to file papers related to the hearing by 5:00 PM on April 14, 2022. No reply memorandum is necessary. Any issues on reply can be addressed at the April 18 hearing. SO ORDERED. (Telephone Conference set for 4/18/2022 at 02:00 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 4/12/2022) (jca)
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| Filing 12 NOTICE OF APPEARANCE by William Hynes Mack on behalf of Carmelo Stillitano..(Mack, William) |
| Filing 11 LETTER addressed to Judge Victor Marrero from Larry Hutcher dated 04/08/2022 re: Temporary Restraining Order. Document filed by Carmelo Stillitano..(Hutcher, Larry) |
| Filing 10 NOTICE OF APPEARANCE by Larry Hutcher on behalf of Carmelo Stillitano..(Hutcher, Larry) |
| Filing 9 NOTICE OF APPEARANCE by Benjamin Samuel Noren on behalf of Carmelo Stillitano..(Noren, Benjamin) |
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Filing 8
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: ORDERED, that Defendant Carmelo Stillitano show cause before the Court, via teleconference, on April 22, 2022 at 11:00 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure: (1) preliminarily enjoining Defendant and his agents and all other persons who are in active concert or participation with Defendant (including Scott Guglielmino ("Guglielmino"), Kwame Bryan ("Bryan"), and Christian Unger ("Unger")) during the pendency of this action from violating any and all terms within the Defendant's Employee Covenants Agreement with Relevent (the "Covenants Agreement"), including by (a) engaging in any business (whether as an employee, consultant, director, officer, partner, member, investor or shareholder) that is a Competitive Business (as defined in the Covenants Agreement); or (b) directly or indirectly diminishing the relationships between the Company Group (as defined in the Covenants Agreement) and any of their investors, clients, customers, sponsors, collaborators, participant soccer clubs or teams, vendors or service providers or seek, to divert such relationships for Defendant's personal benefit or to such firm or other person or entity with whom Defendant may then be employed or otherwise associated; (2) extending the one-year period in the Covenants Agreement to account for the period in which Defendant violated the Covenants Agreement; and (3) awarding to Plaintiff any such other and further relief as the Court deems just and proper; and it is further: As further set forth by this Order. ORDERED that, expedited discovery in preparation for the hearing of Plaintiff's application for a preliminary injunction is granted; and it is further ORDERED that the parties shall agree upon a briefing schedule for a hearing on April 22, 2022. (Signed by Judge Victor Marrero on 4/8/2022) (tg)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Carmelo Stillitano..(gp) |
| Magistrate Judge Katharine H. Parker 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. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(gp) |
| Set/Reset Hearings: Telephone Conference set for 4/22/2022 at 11:00 AM before Judge Victor Marrero. (tg) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief / PLAINTIFF RELEVENT SPORTS, LLC'S MEMORANDUM OF LAW IN SUPPORT OF ITS APPLICATION FOR A TEMPORARY RESTRAINING ORDER, A PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Relevent Sports, LLC..(Mufson, Harris) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Carmelo Stillitano, re: #1 Complaint,. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent RSE Ventures, LLC for Relevent Sports, LLC. Document filed by Relevent Sports, LLC..(Mufson, Harris) |
| Filing 2 CIVIL COVER SHEET filed..(Mufson, Harris) |
| Filing 1 COMPLAINT against Carmelo Stillitano. (Filing Fee $ 402.00, Receipt Number ANYSDC-25979258)Document filed by Relevent Sports, LLC. (Attachments: #1 Exhibit 1 - Covenants Agreement, #2 Exhibit 2 - ESPN Top 10 List, #3 Exhibit 3 - Employment Agreement, #4 Exhibit 4 - Article, #5 Exhibit 5 - Article, #6 Exhibit 6 - Email exchange, #7 Exhibit 7 - Letter, #8 Exhibit 8 - Letter, #9 Exhibit 9 - Articles, #10 Exhibit 10 - Letters).(Mufson, Harris) |
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| Plaintiff: Relevent Sports, LLC | |
| Represented By: | Harris Michael Mufson |
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| Defendant: Carmelo Stillitano | |
| Represented By: | Benjamin Samuel Noren |
| Represented By: | Larry Hutcher |
| Represented By: | William Hynes Mack |
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