Pioneer Business Services, LLC v. VistaJet US, Inc.
Plaintiff: Pioneer Business Services, LLC d/b/a Four Corners Aviation Services and Pioneer Business Services, LLC doing business as Four Corners Aviation Services
Defendant: VistaJet US, Inc.
Counter Defendant: Pioneer Business Services, LLC
Case Number: 1:2022cv06206
Filed: July 21, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Andrew L Carter
Referring Judge: Barbara C Moses
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. ยง 1331 tr Fed. Question: Trademark
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2022 Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION for Leave to File New Counterclaim . . Document filed by VistaJet US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gutchess, Jeffrey)
October 14, 2022 Filing 64 MOTION for Leave to File New Counterclaim . Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
October 7, 2022 Opinion or Order Filing 63 MEMO ENDORSEMENT on re: #62 Letter, filed by Pioneer Business Services, LLC. ENDORSEMENT: No later than October 14, 2022, VistaJet shall either withdraw its proposed Amended Counterclaim (Dkt. 61) or file a motion pursuant to Rules 15(a) and 16(a)(4) for leave to file it. SO ORDERED. ( Motions due by 10/14/2022.) (Signed by Magistrate Judge Barbara C. Moses on 10/7/2022) (vfr)
October 7, 2022 Filing 62 LETTER addressed to Magistrate Judge Barbara C. Moses from H. Peter Haveles dated October 7, 2022 re: failure to comply with this Courts Initial Case Management Order ( Dkt. 50) by defendant VistaJet US. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
October 5, 2022 Filing 61 AMENDED COUNTERCLAIM amending #52 Answer to Complaint, Counterclaim against Pioneer Business Services, LLC.Document filed by VistaJet US, Inc.. Related document: #52 Answer to Complaint, Counterclaim. (Attachments: #1 Exhibit 1 - Copyright Reg Cert).(Cheng, Vivian)
October 5, 2022 Filing 60 NOTICE OF APPEARANCE by Vivian Chiwing Cheng on behalf of VistaJet US, Inc...(Cheng, Vivian)
October 5, 2022 Filing 59 NOTICE OF APPEARANCE by Kristen A. McCallion on behalf of VistaJet US, Inc...(McCallion, Kristen)
September 21, 2022 Opinion or Order Filing 58 STIPULATED ELECTRONICALLY STORED INFORMATION ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the undersigned, that the process of electronic discovery is critical to this proceeding, and that the following Stipulated Electronically Stored Information Order ("Order") shall govern the search, identification, and production of Electronically Stored Information ("ESI") in the form of email, email attachments, electronic documents stored on computer drives, servers, or cloud storage systems, text messages, social media communications, and chat-based computer workspace, communication platform, or computer application for employee collaboration that records written communications or messages in the operation of their business, real-time chat messages and associated files and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 9/21/2022) (rro)
September 21, 2022 Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
September 15, 2022 Opinion or Order Filing 56 ORDER granting #53 Letter Motion to Continue. Accordingly, the settlement conference now scheduled for September 21, 2022, is hereby ADJOURNED, sine die, until such time as both parties are prepared to negotiate seriously. No later than November 1, 2022, the parties shall file a joint letter on the docket of this action updating the Court as to whether that time has arrived. When requesting a settlement conference, the parties should propose three dates on which they and their clients will be available in person, from 2:00 p.m. onward, for that purpose. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/15/2022) (tg)
September 14, 2022 Filing 55 REPLY re: #52 Answer to Complaint, Counterclaim . Document filed by Pioneer Business Services, LLC..(Haveles, H.)
September 7, 2022 Filing 54 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from H. Peter Haveles dated September 7, 2022 re: #53 LETTER MOTION to Continue Settlement Conference set for September 21, 2022 addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated September 7, 2022. . Document filed by Pioneer Business Services, LLC..(Haveles, H.)
September 7, 2022 Filing 53 LETTER MOTION to Continue Settlement Conference set for September 21, 2022 addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated September 7, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 24, 2022 Filing 52 ANSWER to Complaint., COUNTERCLAIM against Pioneer Business Services, LLC. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 15, 2022 Opinion or Order Filing 51 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on September 21, 2022, at 2:15 p.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. This is an in-person proceeding. Counsel and parties are advised to consult the Chief Judge's current entry protocols, available at https://nysd.uscourts.gov/covid-19-coronavirus, in advance of the conference. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS. Attendance of Parties, Trial Counsel, and Carriers Required. Each party must attend the settlement conference in person, accompanied by that party's lead trial attorney. Counsel must be fully knowledgeable concerning the facts of the case, relevant law, and the progress of the case to date, including settlement discussions, as further set forth herein.2. Pre-Conference Settlement Discussion Required. The purpose of a Court-facilitated settlement conference is to settle the case - not simply to begin a settlement dialog. The Court normally holds only one settlement conference per case. The Court therefore requires that, promptly after receipt of this Order, the parties conduct at least one good-faith settlement discussion, in person or by telephone, and that each party convey to each opposing party at least one good-faith settlement demand or offer, in advance of the deadline, set forth below, for submitting confidential settlement letters. Past settlement negotiations may not be relied upon to satisfy this requirement. Counsel should continue such discussions among themselves prior to the conference so as to clarify issues, narrow disputes, and otherwise make the conference as efficient and meaningful as possible. 3. Confidential Settlement Letter. No later than one week (seven calendar days) before the conference, each party shall submit a confidential settlement letter to chambers by email, addressed to Moses_NYSDChambers@nysd.uscourts.gov, marked "Confidential Material for Use Only at Settlement Conference." Do not file the confidential settlement letter on ECF. Do not send copies to adverse parties unless all parties have agreed to exchange their letters. Settlement letters are limited to six pages, not including any exhibits, which are permitted but should be kept to a minimum. Each letter should contain, as further set forth herein. 4. Acknowledgment Form. On the same date that the confidential settlement letters are due, each party shall submit the attached Acknowledgment Form to chambers by email, and serve it on all other parties, identifying the individuals who will attend the settlement conference. Do not file the Acknowledgment Form on ECF. 5. All proceedings at the settlement conference will be confidential. Discussions are "off the record," and may not be used in discovery or at trial, as further set forth in this Order. 7. No Effect on Other Deadlines. Neither the scheduling of a settlement conference nor any adjournment affects the parties' other litigation deadlines or obligations. ( As further set forth in this Order.) SO ORDERED. ( Settlement Conference set for 9/21/2022 at 2:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/15/2022) (vfr)
August 12, 2022 Opinion or Order Filing 50 INITIAL CASE MANAGEMENT ORDER: Any motion to amend or to join additional parties pursuant to Fed. R. Civ. P. 15(a) shall be filed no later than September 12, 2022. Fact depositions shall be completed no later than December 15, 2022. All fact discovery shall be completed no later than December 30, 2022. Disclosure of expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C), shall be made no later than December 14, 2022. The disclosure of expert evidence intended solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made no later than January 13, 2023. Depositions of experts shall be completed no later than February 17, 2023. All discovery shall be completed no later than February 17,2023. Judge Moses will conduct a status conference on December 1,2022, at 10:00 a.m. No later than November 23, 2022, the parties shall submit ajoint status letter outlining the progress of discovery to date, as well as anysettlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. At the request of the parties, a settlement conference is scheduled before Judge Moses on September 15, 2022, at 2:15 p.m. A separate order will issue concerning the conduct of the conference and the parties' pre-conference responsibilities. All court conferences, hearings, and other proceedings will be held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, unless the Court orders otherwise. If a proceeding takes place via teleconference, the parties must call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance.If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. If the proceeding takes place via videoconference, chambers will email the appropriate link to counsel in advance of the proceeding. In accordance with Fed. R. Civ. P. 30(b)(4), the Court authorizes the parties to conduct any or all depositions in this action via telephone, videoconference, or other remote means, pursuant to Fed. R. Civ. P.30(b)(3) and (b)(4). This Order does not dispense with the requirements set forthin Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. Summary judgment motions, if any or, if required by the district judge, pre-motion conference letters with respect to summary judgment shall be filed no later than 30 days after the close of discovery. The parties' proposed joint pretrial order shall be filed nolater than 30 days after the close of discovery, unless there are summary judgment motion(s), in which case the joint pretrial order shall be filed no later than 30 days after the decision on the motion(s). The proposed joint pretrial order shall conform to the individual practices of the district judge. The parties have stated that the anticipated length of trial is 5 days. They ave not requested a jury trial at this time. SO ORDERED. ( As further set forth in this Order.) SO ORDERED. Motions due by 9/12/2022. Depositions due by 2/17/2023. Fact Discovery due by 12/30/2022. Discovery due by 2/17/2023. Status Conference set for 12/1/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. Settlement Conference set for 9/15/2022 at 2:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 8/12/2022) (vfr)
August 12, 2022 Opinion or Order Filing 49 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/12/2022) (vfr)
August 12, 2022 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 8/12/2022. (tk)
August 11, 2022 Filing 48 PRE-CONFERENCE STATEMENT VistaJet US, Inc.s Proposed Discovery Dates. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 11, 2022 Filing 47 PROPOSED PROTECTIVE ORDER. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
August 11, 2022 Filing 46 PRE-CONFERENCE STATEMENT Plaintiff's Proposed Discovery Dates. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
August 11, 2022 Filing 45 JOINT PRE-CONFERENCE STATEMENT . Document filed by Pioneer Business Services, LLC..(Haveles, H.)
August 9, 2022 Opinion or Order Filing 44 MEMO ENDORSEMENT on re: #43 LETTER MOTION for Conference re: #39 Order on Motion for Conference,,, Request for Accommodation to Appear via Zoom or Telephonically at the August 12, 2022 Initial Case Management Conference. addressed to Magistrate Judge Barbara C. Mos filed by VistaJet US, Inc. ENDORSEMENT: Application GRANTED. The initial case management conference scheduled for August 12, 2022, will take place entirely by telephone. A few minutes before the conference begins, the parties are directed to call (888) 557-8511 and enter the access code 7746387#. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/9/2022) (rro)
August 9, 2022 Filing 43 LETTER MOTION for Conference re: #39 Order on Motion for Conference,,, Request for Accommodation to Appear via Zoom or Telephonically at the August 12, 2022 Initial Case Management Conference. addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 9, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 5, 2022 Opinion or Order Filing 42 ORDER granting #40 Letter Motion for Extension of Time to Answer re #40 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022., #41 AMENDED LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022., #1 Notice of Removal,. VistaJet US, Inc. answer due 8/24/2022; granting #41 Letter Motion for Extension of Time to Answer re #40 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022., #41 AMENDED LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022.. Application GRANTED. SO ORDERED. VistaJet US, Inc. answer due 8/24/2022. (Signed by Magistrate Judge Barbara C. Moses on 8/5/2022) (kv)
August 5, 2022 Filing 41 AMENDED LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 5, 2022 Filing 40 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Magistrate Judge Barbara C. Moses from Jeffrey W. Gutchess dated August 5, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
August 3, 2022 Opinion or Order Filing 39 ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE granting #37 Motion for Conference re: #37 LETTER MOTION for Conference re: #36 Order Referring Case to Magistrate Judge, addressed to Magistrate Judge Barbara C. Moses from H. Peter Haveles, Jr. dated August 1, 2022. It appearing to the Court that no initial case management conference has yet taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P.16 will be held on August 12, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). Initial Conference set for 8/12/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.. (Signed by Magistrate Judge Barbara C. Moses on 8/3/2022) (rro)
August 2, 2022 Filing 38 NOTICE OF APPEARANCE by Bernardo Nacouzi de Mello Franco on behalf of VistaJet US, Inc...(Nacouzi de Mello Franco, Bernardo)
August 1, 2022 Filing 37 LETTER MOTION for Conference re: #36 Order Referring Case to Magistrate Judge, addressed to Magistrate Judge Barbara C. Moses from H. Peter Haveles, Jr. dated August 1, 2022. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
July 29, 2022 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing for Preliminary Injunction held on 7/29/2022. Peter Haveles, Lisa Coyle and Talmage Boston for Plaintiff. Jeffrey Gutchess and Bernardo Franco for Defendant. The temporary restraining order is DENIED. Case referred to Judge Moses. (tdh)
July 29, 2022 Opinion or Order Filing 36 ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and Settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. Motions referred to Barbara C. Moses. (Signed by Judge Andrew L. Carter, Jr on 7/29/2022) (ama)
July 29, 2022 Opinion or Order Filing 35 ORDER: denying #15 Letter Motion for Oral Argument. Upon review of the parties' submissions and their arguments at the July 29 telephonic hearing, Plaintiff's request for a preliminary injunction against Defendant VistaJet is DENIED.The Clerk of Court is respectfully directed to terminate ECF No. 15. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/29/2022) (ama)
July 29, 2022 Opinion or Order Filing 34 ORDER granting #32 Motion for Paul Talmage Boston to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 7/29/2022) (ate)
July 29, 2022 Filing 33 OPPOSITION BRIEF re: #30 Memorandum of Law in Support of Motion Response to Plaintiffs Supplemental Memorandum for Preliminary Injunction. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 29, 2022 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for Paul Talmage Boston to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
July 28, 2022 Filing 32 MOTION for Paul Talmage Boston to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pioneer Business Services, LLC. (Attachments: #1 Exhibit 1 - Good Standing Certificate from the Supreme Court of Texas, #2 Affidavit of Paul Talmage Boston, #3 Text of Proposed Order Proposed Order).(Boston, Talmage)
July 28, 2022 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Paul Talmage Boston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26467851. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas 512-463-1312; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz)
July 27, 2022 Filing 31 AFFIDAVIT of Brian Proctor in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by Pioneer Business Services, LLC..(Haveles, H.)
July 27, 2022 Filing 30 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Pioneer Business Services, LLC..(Haveles, H.)
July 27, 2022 Filing 29 ***SELECTED PARTIES***DECLARATION of Leona Qi in Opposition re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by VistaJet US, Inc.. Motion or Order to File Under Seal: #25 .(Gutchess, Jeffrey)
July 27, 2022 Filing 28 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by VistaJet US, Inc.. Motion or Order to File Under Seal: #25 .(Gutchess, Jeffrey)
July 27, 2022 Filing 27 DECLARATION of Leona Qi in Opposition re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction.. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 27, 2022 Filing 26 RESPONSE in Opposition to Motion re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 27, 2022 Filing 25 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated July 27, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 27, 2022 Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul Talmage Boston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26467851. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pioneer Business Services, LLC. (Attachments: #1 Exhibit 1 - Texas Good Standing Certificate, #2 Affidavit of P. Talmage Boston, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Boston, Talmage) Modified on 7/28/2022 (sgz).
July 26, 2022 Opinion or Order Filing 23 AMENDED ORDER terminating #21 Letter Motion to Continue. Upon review of the parties' submissions at ECF Nos. 21 and 22, Defendant's request to postpone the preliminary injunction hearing is GRANTED. The Parties are now ordered to submit responses to the motion for a preliminary injunction by 11:59PM on July 27, 2022; these responses are not to exceed 10 pages. The Court will now hold a telephonic preliminary injunction hearing in this action on Friday, July 29, 2022 at 3:30PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). The Clerk of Court is respectfully directed to terminate ECF No. 21. (Signed by Judge Andrew L. Carter, Jr on 7/26/2022) (ate)
July 26, 2022 Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from H. Peter Haveles, Jr. dated July 26, 2022 re: #21 LETTER MOTION to Continue Preliminary Injunction Hearing for July 27, 2022 at 11:00.a.m. addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated July 26, 2022. . Document filed by Pioneer Business Services, LLC..(Haveles, H.)
July 26, 2022 Filing 21 LETTER MOTION to Continue Preliminary Injunction Hearing for July 27, 2022 at 11:00.a.m. addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated July 26, 2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 26, 2022 Set/Reset Deadlines: ( Responses due by 7/27/2022), Set/Reset Hearings:( Telephone Conference set for 7/29/2022 at 03:30 PM before Judge Andrew L. Carter Jr.) (ate)
July 25, 2022 Opinion or Order Filing 20 ORDER: denying #8 Motion for TRO. Upon review of the parties submissions, Plaintiff's request for a temporary restraining order is DENIED. The Court will hear arguments on Plaintiff's request for a preliminary injunction. The Parties are ordered to submit responses to the motion for a preliminary injunction by tomorrow, July 26, 2022. These responses are not to exceed 10 pages. The Court will hold a telephonic preliminary injunction hearing in this action on Wednesday, July 27, 2022 at 11:00 AM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). The Clerk of Court is respectfully directed to terminate ECF No. 8. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 7/25/2022) (ama)
July 25, 2022 Filing 19 NOTICE OF APPEARANCE by Reena Jain on behalf of Pioneer Business Services, LLC..(Jain, Reena)
July 25, 2022 Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly dated July 25, 2022 re: #11 LETTER MOTION for Discovery addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated 07/25/2022. (corrected caption). Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 25, 2022 Filing 17 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly dated July 25, 2022 re: #11 LETTER MOTION for Discovery addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated 07/25/2022. . Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 25, 2022 Filing 16 PROPOSED ORDER. Document filed by Pioneer Business Services, LLC. Related Document Number: [Doc. No. 8]..(O'Kelly, Eamon) Proposed Order to be reviewed by Clerk's Office staff.
July 25, 2022 Filing 15 EMERGENCY LETTER MOTION for Oral Argument requesting an urgent conference on Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly dated July 25, 2022. Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 25, 2022 Filing 14 NOTICE OF APPEARANCE by Lisa Marie Coyle on behalf of Pioneer Business Services, LLC..(Coyle, Lisa)
July 25, 2022 Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 25, 2022 Filing 12 NOTICE OF APPEARANCE by Eamon O'Kelly on behalf of Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 25, 2022 Filing 11 LETTER MOTION for Discovery addressed to Judge Andrew L. Carter, Jr. from Jeffrey W. Gutchess dated 07/25/2022. Document filed by VistaJet US, Inc...(Gutchess, Jeffrey)
July 25, 2022 ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #16 Proposed Order was reviewed and approved as to form. (nd)
July 25, 2022 Set/Reset Deadlines: ( Responses due by 7/26/2022), Set/Reset Hearings:( Telephone Conference set for 7/27/2022 at 11:00 AM before Judge Andrew L. Carter Jr..) (ama)
July 22, 2022 Filing 10 DECLARATION of Eamon O'Kelly, Esq. in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction., #5 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly, Esq. dated July 22, 2022.. Document filed by Pioneer Business Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B [SEALED], #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N [SEALED], #15 Exhibit O [SEALED], #16 Exhibit P [SEALED], #17 Exhibit Q [SEALED], #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA).(O'Kelly, Eamon)
July 22, 2022 Filing 9 MEMORANDUM OF LAW in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 22, 2022 Filing 8 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
July 22, 2022 Filing 7 ***SELECTED PARTIES***DECLARATION of Eamon O'Kelly, Esq. in Support re: #5 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly, Esq. dated July 22, 2022.. Document filed by Pioneer Business Services, LLC, VistaJet US, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit N, #3 Exhibit O, #4 Exhibit P, #5 Exhibit Q)Motion or Order to File Under Seal: #5 .(O'Kelly, Eamon)
July 22, 2022 Filing 6 DECLARATION of Eamon O'Kelly, Esq. in Support re: #5 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly, Esq. dated July 22, 2022.. Document filed by Pioneer Business Services, LLC. (Attachments: #1 Exhibit B [SEALED], #2 Exhibit N [SEALED], #3 Exhibit O [SEALED], #4 Exhibit P [SEALED], #5 Exhibit Q [SEALED]).(O'Kelly, Eamon)
July 22, 2022 Filing 5 LETTER MOTION to Seal addressed to Judge Andrew L. Carter, Jr. from Eamon O'Kelly, Esq. dated July 22, 2022. Document filed by Pioneer Business Services, LLC..(O'Kelly, Eamon)
July 22, 2022 Filing 4 NOTICE OF APPEARANCE by H. Peter Haveles, Jr on behalf of Pioneer Business Services, LLC..(Haveles, H.)
July 22, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc)
July 22, 2022 Magistrate Judge Barbara C. Moses 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. (pc)
July 22, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey W. Gutchess. The party information for the following party/parties has been modified: Jeffrey W. Gutchess. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc)
July 22, 2022 Case Designated ECF. (pc)
July 21, 2022 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent VistaJet Operations Holding Limited for VistaJet US, Inc.. Document filed by VistaJet US, Inc...(Nacouzi de Mello Franco, Bernardo)
July 21, 2022 Filing 2 CIVIL COVER SHEET filed..(Nacouzi de Mello Franco, Bernardo)
July 21, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652490/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26447646).Document filed by VistaJet US, Inc.. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - Notice of Filing Notice of Removal).(Gutchess, Jeffrey)

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Search for this case: Pioneer Business Services, LLC v. VistaJet US, Inc.
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Plaintiff: Pioneer Business Services, LLC d/b/a Four Corners Aviation Services
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Plaintiff: Pioneer Business Services, LLC doing business as Four Corners Aviation Services
Represented By: Eamon O'Kelly
Represented By: H. Peter Haveles, Jr
Represented By: Lisa Marie Coyle
Represented By: Reena Jain
Represented By: Talmage Boston
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Defendant: VistaJet US, Inc.
Represented By: Jeffrey W. Gutchess
Represented By: Bernardo Nacouzi de Mello Franco
Represented By: Kristen A. McCallion
Represented By: Vivian Chiwing Cheng
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Counter defendant: Pioneer Business Services, LLC
Represented By: Eamon O'Kelly
Represented By: H. Peter Haveles, Jr
Represented By: Lisa Marie Coyle
Represented By: Reena Jain
Represented By: Talmage Boston
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