Marsh USA Inc. v. Machua Millett et al
| Marsh USA Inc. |
| Michael Machua Millett and Northeast Series of Lockton Companies, LLC |
| 1:2022cv06656 |
| August 5, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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Filing 44
STIPULATION OF VOLUNTARY DISMISSAL: It is hereby stipulated and agreed, by and between counsel for Plaintiff and Defendants, that pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Defendant Northeast Series of Lockton Companies, LLC hereby is dismissed from this action without prejudice and without costs to any party. The Clerk of Court is directed to terminate Defendant Northeast Series of Lockton Companies, LLC as a party. So Ordered., (Northeast Series of Lockton Companies, LLC terminated.) (Signed by Judge Jesse M. Furman on 10/3/22) (yv)
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Filing 43
PROPOSED STIPULATION AND ORDER. Document filed by Marsh USA Inc...(Weber, A)
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Filing 42
ORDER: 1. The parties shall electronically deliver their respective written responses to document demands on or before October 4, 2022. 2. The parties shall electronically deliver their respective non-privileged documents that are responsive to the non-objectionable written demands on or before October 7 2022. 3. Party depositions shall commence the week of October 10, 2022 and shall be completed by October 18, 2022. 4. Responses to the Amended Complaint shall be filed on or before October 10, 2022. At the same time, the parties shall provide the Court with an electronic copy of each exhibit sought to be admitted (with each filename corresponding to the relevant exhibit number e.g., "PX-1," "DX-1," etc.) pursuant to Rule 1.C of the Court's Individual Rules and Practices in Civil Cases. Additionally, by November 2, 2022, the parties shall file a proposed Case Management Plan. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. By that same date, the parties shall also confer and send a joint letter to the Court indicating whether the parties believe that referral to a Magistrate Judge for settlement purposes or referral to the Court-annexed mediation program would be appropriate. (As further set forth herein). SO ORDERED. Deposition due by 10/18/2022. Status Conference set for 11/14/2022 at 09:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/30/2022) (kv)
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Filing 41
PROPOSED SCHEDULING ORDER. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 40
JOINT LETTER addressed to Judge Jesse M. Furman from S. Preston Ricardo dated September 30, 2022 re: proposed pre-hearing dates for the preliminary injunction hearing that is scheduled for November 14, 2022. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Set/Reset Deadlines: Michael Machua Millett answer due 10/10/2022; Northeast Series of Lockton Companies, LLC answer due 10/10/2022. (kv)
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Filing 39
ORDER granting #36 Letter Motion to Adjourn Conference. When this Court sets a hearing (or trial) date, it is generally a firm date. That said, the Court will grant one final adjournment of the hearing, but only to November 14, 2022, at 9:30 a.m. The parties should not expect any further adjournments of th hearing. The parties shall promptly confer and, no later than September 29, 2022, submit a joint letter proposing all applicable pre-hearing dates. In the same letter, the parties shall advise the Court if there is anything it can do to assist on the settlement front, including referral to the assigned Magistrate Judge or referral to the Court-annexed mediation program. The temporary restraining order is extended through the end of the hearing. The Clerk of Court is directed to terminate ECF No. 36. SO ORDERED. Status Conference set for 11/14/2022 at 9:30 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/20/2022) (vfr)
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Filing 38
AMENDED COMPLAINT amending #1 Complaint, against Michael Machua Millett, Northeast Series of Lockton Companies, LLC.Document filed by Marsh USA Inc.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Weber, A)
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Filing 37
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #38) AMENDED COMPLAINT amending #1 Complaint, against Michael Machua Millett, Northeast Series of Lockton Companies, LLC.Document filed by Marsh USA Inc.. Related document: #1 Complaint,..(Weber, A) Modified on 9/21/2022 (lb).
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Filing 36
JOINT LETTER MOTION to Adjourn Conference Currently Scheduled for October 24, 2022 addressed to Judge Jesse M. Furman from A. Michael Weber dated September 20, 2022. Document filed by Marsh USA Inc...(Weber, A)
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Filing 35
ORDER: Accordingly, it is hereby ORDERED that, on or before September 21, 2022, Plaintiff shall amend its Complaint to allege the citizenship of each constituent person or entity comprising the Defendant LLC as well as the citizenship of all individual parties. If, by that date, Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject-matter jurisdiction without further notice to either party. ( Amended Pleadings due by 9/21/2022.) (Signed by Judge Jesse M. Furman on 9/15/2022) (ate)
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Filing 34
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2022) (vfr)
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Filing 33
MEMO ENDORSEMENT on re: #31 LETTER addressed to Judge Jesse M. Furman from S. Preston Ricardo dated September 9, 2022 withdrawing #29 Letter Motion for Discovery. ENDORSEMENT: The Clerk of Court is directed to terminate ECF No. 29. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/9/2022) (vfr)
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Filing 32
PROPOSED PROTECTIVE ORDER. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 31
LETTER addressed to Judge Jesse M. Furman from S. Preston Ricardo dated September 9, 2022 re: Withdrawing Letter Motion dkt. 29. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 30
ORDER with respect to #29 Motion for Discovery: Given the time sensitivity, any opposition shall be filed by September 9, 2022, at 5 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 29
LETTER MOTION for Discovery /Overbroad and Unduly Burdensome Proposed Topics in Notice of Rule 30(b)(6) Deposition addressed to Judge Jesse M. Furman from S. Preston Ricardo dated September 7, 2022. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC. (Attachments: #1 Exhibit Notice of Rule 30(b)(6) deposition).(Ricardo, Shawn)
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Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. Northeast Series of Lockton Companies, LLC waiver sent on 8/29/2022, answer due 10/28/2022. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Michael Machua Millett waiver sent on 8/29/2022, answer due 10/28/2022. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 26
ORDER granting #25 Letter Motion to Adjourn Conference. Application GRANTED. The parties should hold October 24 and 25, 2022, for the hearing. If the Court is presiding over a felony criminal trial, the hearing will be held from 3 p.m. to 5 p.m. each day. If the felony criminal trial goes away (as the Court expects), the hearing will be held on October 25, 2022, beginning at 9:30 a.m. In either case, the temporary restraining order is extended through the end of the hearing. Defendants' deadline to respond to the Complaint is extended to September 23, 2022. Plaintiff is reminded to file proof of service of the Complaint and Summons -- or waiver thereof -- as to each Defendant. The Clerk of Court is directed to terminate ECF No. 25. SO ORDERED. ( Status Conference set for 10/25/2022 at 09:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/25/22) (yv)
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Set/Reset Deadlines: All Defendants. (yv)
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Filing 25
LETTER MOTION to Adjourn Conference /Preliminary Injunction Hearing addressed to Judge Jesse M. Furman from S. Preston Ricardo dated August 24, 2022. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 24
ORDER granting in part #23 Letter Motion to Adjourn Preliminary Injunction Hearing. At present, the Court is not available on the dates that the parties have proposed due to a felony criminal trial. If the trial goes away (as the Court expects), the Court can hold the hearing on October 13 or 14, 2022. In the meantime, the Court can and does adjourn the hearing - and extend the temporary restraining order - to October 7, 2022. The parties should promptly submit an agreed-upon modification of the pre-hearing discovery schedule. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 23
LETTER MOTION to Adjourn Conference /Preliminary Injunction Hearing addressed to Judge Jesse M. Furman from S. Preston Ricardo dated August 19, 2022. Document filed by Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 22
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Lockton Companies, LLC, Other Affiliate Lockton Management, LLC for Northeast Series of Lockton Companies, LLC. Document filed by Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 21
NOTICE OF APPEARANCE by James Fredrick Horton on behalf of Marsh USA Inc...(Horton, James)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing held via teleconference on 8/8/2022. A. Michael Weber and Shawn Matthew Clark present for Plaintiffs. S. Preston Ricardo and Jeffrey Miller present for Defendants. Court reporter present. (ab)
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Filing 20
ORDER: For the reasons discussed on the record during the conference held today, it is hereby ORDERED that the Temporary Restraining Order ("TRO") signed by the Court on August 5, 2022, is extended, on Defendants' consent, through and including September 30, 2022. It is ORDERED that the preliminary injunction hearing will begin at 9:00 a.m. on September 30, 2022, in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY. If necessary, the hearing will resume on October 3, 2022. In light of the foregoing, the conference currently scheduled for August 11, 2022, is hereby CANCELED. Additionally, by September 22, 2022, the parties shall file a proposed Case Management Plan. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jessem-furman. By that same date, the parties shall also confer and send a joint letter to the Court indicating whether the parties believe that referral to a Magistrate Judge for settlement purposes or referral to the Court-annexed mediation program would be appropriate. SO ORDERED. (Status Conference set for 9/30/2022 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/8/2022) (jca)
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Filing 19
UNDERTAKING ON TEMPORARY RESTRAINING ORDER, BOND # 3495505 in the amount of $ 5,000 posted by Marsh USA Inc...(nd)
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Filing 18
NOTICE OF APPEARANCE by Jeffrey Alan Miller on behalf of Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Miller, Jeffrey)
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Filing 17
NOTICE OF APPEARANCE by Shawn Preston Ricardo on behalf of Michael Machua Millett, Northeast Series of Lockton Companies, LLC..(Ricardo, Shawn)
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Filing 16
CERTIFICATE OF SERVICE of Text Order (Dkt No. 14) served on Michael Machua Millett and Northeast Series of Lockton Companies, LLC on August 7, 2022. Document filed by Marsh USA Inc...(Weber, A)
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Filing 15
NOTICE OF APPEARANCE by A Michael Weber on behalf of Marsh USA Inc...(Weber, A)
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Filing 14
ORDER re #13 Order to Show Cause: The undersigned is not available on August 11, 2022, the date on which the Part One Judge ordered the parties to appear. Accordingly, the Court will hold a telephone conference tomorrow, August 8, 2022, at 3:00 p.m., to address how to proceed. Counsel should confer in advance of the conference and be prepared to discuss at the conference whether and when an preliminary injunction hearing should be held; whether discovery is necessary for any such hearing; whether trial on the merits should be consolidated with any hearing pursuant to Rule 65; and whether the Court can do anything to facilitate a settlement, either of the case generally or of the request for preliminary relief. To access the conference, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for teleconferences described in the Court's Individual Rules and Practices for Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. Finally, Plaintiff shall PROMPTLY serve a copy of this Order electronically on Defendants or counsel for Defendants and file proof of such service. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 13
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER, A PRELIMINARY INJUNCTION AND EXPEDITED DISCOVERY: Upon the Summons and Complaint, dated August 4, 2022, the supporting Declarations of James Beatty, John Umbach, and A. Michael Weber, Esq., the exhibits annexed thereto, and Plaintiffs Memorandum of Law in Support of its Motion for a Temporary Restraining Order, a Preliminary Injunction, and Expedited Discovery, and pursuant to Federal Rule of Civil Procedure 65, it is hereby: ORDERED, that Defendants show cause before this Court, at Room 1105 United States Courthouse, Southern District of New York, 40 Centre Street, New York, New York, on August 11, 2022, at 10 o'clock in the 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. Enjoining and restraining Defendants, and any person or entity acting in concert with them or under their supervision, through June 17, 2023, and as extended during any period that Defendant Millett h.as breached his obligations to Plaintiff Marsh USA Inc. from soliciting or servicing, or inducing not to place business with Marsh, any clients of Marsh, or Marsh's affiliates, with whom Millett had contact, or about whom Millett obtained confidential information, or for whom Millett was responsible for making ( or assisting or supervising the making of) sales to, or performing or providing ( or assisting or supervising the performance or provision of) services or products on behalf of Marsh during the last two (2) years of his employment; ii. Enjoining and restraining Defendants, and any person or entity acting in concert with them or under their supervision, from possessing, using, disclosing, or disseminating Marsh's confidential information; and 111. Enjoining Defendants, and any person or entity acting in concert with them or under their supervision, from any other actions in violation of Millett' s contractual obligations or fiduciary duties owed to Marsh. ORDERED, that sufficient reason having been shown, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, Defendants, and any person or entity acting in concert with them or under their supervision, are temporarily restrained and enjoined from: i. soliciting or servicing, or inducing not to place business with Marsh, any clients of Marsh or Marsh's affiliates with whom Millett had contact, or about whom Millett obtained confidential information, or for whom Millett was responsible for making ( or assisting or supervising the making of) sales to, or performing or providing ( or assisting or supervising the performance or provision of) services or products on behalf of Marsh, during the last two (2) years of his employment; ii. possessing, using, reproducing, disclosing or disseminating, directly or indirectly, Marsh's confidential information; iii. destroying any documents, records, electronically stored information or property of any kind or nature whatsoever and in whatever form (including copies thereof) (collectively referred to as "Plaintiff's Materials") that are within the Defendants' possession, custody or control and belong to Plaintiff; any other actions in violation of Millett's contractual obligations or fiduciary duties to Marsh; and it is further ORDERED, that service of a copy of this ORder upon counsel for Defendant Lockton by hand or by email before 5:00p.m. on August 8, 2022 shall be deemed good and suffient service; and it is further ORDERED, that answering affidavits, if any, must be served by ECF no later than 5:00 p.m. on August 10, 2022. Ordered that Plaintiff must post a bond of $5,000 by 8/9/22. SO ORDERED. (Show Cause Hearing set for 8/11/2022 at 10:00 AM before Judge Jesse M. Furman.), Motions terminated: #6 MOTION for Temporary Restraining Order , Preliminary Injunction and Expedited Discovery. filed by Marsh USA Inc.. (Signed by Part One Judge Jed S. Rakoff on 8/5/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing 12
ELECTRONIC SUMMONS ISSUED as to Michael Machua Millett..(pc)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Northeast Series of Lockton Companies, LLC..(pc)
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Filing 10
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Marsh USA Inc...(Clark, Shawn) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 9
DECLARATION of A. Michael Weber in Support re: #6 MOTION for Temporary Restraining Order , Preliminary Injunction and Expedited Discovery.. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 8
DECLARATION of John Umbach in Support re: #6 MOTION for Temporary Restraining Order , Preliminary Injunction and Expedited Discovery.. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 7
DECLARATION of James Beatty in Support re: #6 MOTION for Temporary Restraining Order , Preliminary Injunction and Expedited Discovery.. Document filed by Marsh USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Clark, Shawn)
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Filing 6
MOTION for Temporary Restraining Order , Preliminary Injunction and Expedited Discovery. Document filed by Marsh USA Inc...(Clark, Shawn) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Marsh & McLennan Companies, Inc. for Marsh USA Inc.. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Michael Machua Millett, re: #1 Complaint,. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Northeast Series of Lockton Companies, LLC, re: #1 Complaint,. Document filed by Marsh USA Inc...(Clark, Shawn)
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Filing 2
CIVIL COVER SHEET filed..(Clark, Shawn)
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Filing 1
COMPLAINT against Michael Machua Millett, Northeast Series of Lockton Companies, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26509388)Document filed by Marsh USA Inc.. (Attachments: #1 Exhibit A - Non-Solicitation Agreement, #2 Exhibit B - Restrictive Covenant's Agreement, #3 Exhibit C - Confidentiality Agreement).(Clark, Shawn)
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Magistrate Judge Valerie Figueredo 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)
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***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #10 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
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