Russell Reynolds Associates, Inc. v. Usina
| Russell Reynolds Associates, Inc. |
| Nadezda Usina |
| NU Advisory Partners, LLC |
| 1:2023cv02369 |
| March 21, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jennifer H Rearden |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 145
MEMO ENDORSEMENT on re: #144 Letter filed by Russell Reynolds Associates, Inc. ENDORSEMENT: If the parties wish to have the Court retain jurisdiction to enforce the June 9, 2023 Settlement Agreement, then within 30 days, the terms of the Settlement Agreement must be placed on the public record and "so ordered" by the Court. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). If the parties seek only to have the Court retain jurisdiction to enforce the Consent Injunction, then by July 5, 2023, the parties shall file an amended proposed Consent Injunction. Specifically, the parties shall modify the proposed Consent Injunction to stand on its own, without requiring reference to the Settlement Agreement for a comprehensive understanding of the Consent Injunction's terms. The parties shall also modify the Consent Injunction to expressly provide that the Court shall retain jurisdiction for purposes of enforcing the Consent Injunction. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/20/2023) (tg)
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| Filing 144 JOINT LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated June 16, 2023 re: Joint Response to June 15, 2023 Order. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 143
MEMO ENDORSEMENT on re: #142 JOINT LETTER. The parties' proposed consent injunction addresses issues implicated by the Court's April 21, 2023 Order. ECF No. 45. As a threshold jurisdictional matter, by June 16, 2023, the parties shall file a joint letter explaining their intentions with respect to the currently pending appeal of the April 21 Order. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 06/15/2023) (kpk)
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| Filing 142 JOINT LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated June 14, 2023 re: Request to So-Order Consent Injunction. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Text of Proposed Order - Consent Injunction).(Barry, John) |
| Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/30/2023 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....(McGuirk, Kelly) |
| Filing 140 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/30/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Martha Martin, (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 7/5/2023. Redacted Transcript Deadline set for 7/14/2023. Release of Transcript Restriction set for 9/11/2023..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 6/7/2023. (Tam, David) |
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Filing 139
ORDER: Having been informed that the parties have reached a settlement in principle, the Court hereby ADJOURNS sine die the hearing on Plaintiff's motion for contempt, previously scheduled for June 7, 2023, and the hearing on Plaintiff's motion for a preliminary injunction, previously scheduled for June 13, 2023. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/1/2023) (tg)
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Filing 138
ORDER. As discussed at the conclusion of yesterday's settlement conference, the parties will submit their settlement papers to the Court by June 6 at 5:00 p.m. In the event there remain outstanding issues that require judicial assistance and prevent the parties from finalizing their settlement, the Court has reserved June 7 at 2:30 p.m. for any continued settlement discussions. The parties should advise the Court no later than June 6 at 5:00 p.m. if they need to avail themselves of the conference, and whether they wish to proceed in person, by telephone, or by videoconference. If the parties have finalized their settlement, then the June 7 conference will be cancelled. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 5/31/2023. (Tam, David) |
| Filing 137 NOTICE OF APPEARANCE by Gregory Stewart Silbert on behalf of Russell Reynolds Associates, Inc...(Silbert, Gregory) |
| Filing 136 LETTER REPLY to Response to Motion addressed to Judge Jennifer H. Rearden from John P. Barry dated May 31, 2023 re: #129 LETTER MOTION to Compel Defendant Nadezda Usina and NU Advisory Partners LLC to produce documents and information addressed to Judge Jennifer H. Rearden from John P. Barry dated May 30, 2023. . Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 135 LETTER RESPONSE to Motion addressed to Judge Jennifer H. Rearden from Alexander Sakin dated May 30, 2023 re: #129 LETTER MOTION to Compel Defendant Nadezda Usina and NU Advisory Partners LLC to produce documents and information addressed to Judge Jennifer H. Rearden from John P. Barry dated May 30, 2023. . Document filed by NU Advisory Partners, LLC..(Sakin, Alexander) |
| Filing 134 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/12/2023 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....(McGuirk, Kelly) |
| Filing 133 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/12/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Alena Lynch, (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 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023..(McGuirk, Kelly) |
| Filing 132 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/15/2023 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....(McGuirk, Kelly) |
| Filing 131 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/15/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Patricia Nilsen, (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 6/20/2023. Redacted Transcript Deadline set for 6/30/2023. Release of Transcript Restriction set for 8/28/2023..(McGuirk, Kelly) |
| Filing 130 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 30, 2023 re: Usina's Supplemental Production. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 129 LETTER MOTION to Compel Defendant Nadezda Usina and NU Advisory Partners LLC to produce documents and information addressed to Judge Jennifer H. Rearden from John P. Barry dated May 30, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Minute Entry for proceedings held before Judge Jennifer H. Rearden: Telephone Conference held on 5/30/2023. This afternoon, counsel for Plaintiff and counsel for non-party NU Advisory Partners LLC shall meet and confer regarding Plaintiff's requests for production. By 6:00 p.m. today, Defendant shall produce documents requested by Plaintiff relating to Defendant's alleged client solicitation. By 8:00 p.m. today, NU Advisory Partners LLC shall respond to Plaintiff's letter-motion to compel (ECF No. 129) and report the outcome of this afternoon's meet and confer. The parties are directed to order the transcript expeditiously and split the cost. (Court Reporter Martha Martin) (kwi) Modified on 5/30/2023 (kwi). |
| Filing 128 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 29, 2023 re: Usina's Proposed Modified Order in connection with Usina's Motion to Lift, Modify or Partially Stay the Preliminary Injunction. Document filed by Nadezda Usina. (Attachments: #1 Text of Proposed Order Usina's Proposed Modified Order).(Robinson, Ashley) |
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Filing 127
ORDER of USCA (Certified Copy) as to #121 Notice of Interlocutory Appeal filed by Nadezda Usina. USCA Case Number 23-0825. Appellant moves for an emergency stay of a portion of the district court's preliminary injunction. IT IS HEREBY ORDERED that the motion is DENIED without prejudice to renewal after the district court rules on Appellants motion to modify the injunction or for a stay pending appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/26/2023..(nd)
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| Filing 126 LETTER addressed to Judge Jennifer H. Rearden from Alexander Sakin dated May 24, 2023 re: Plaintiffs subpoena on NU Advisory Partners, LLC. Document filed by NU Advisory Partners, LLC..(Sakin, Alexander) |
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Filing 125
ORDER. The settlement conference scheduled for May 31 at 2:15 p.m. will take place in courtroom 21-D, 500 Pearl Street, New York, NY. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 124 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 25, 2023 re: Response to NU Advisory Partners, LLC's Letter Emailed to the Court. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 123 LETTER REPLY to Response to Motion addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 24, 2023 re: #118 LETTER MOTION for Discovery re: Request for Modification of the Court's May 22, 2023 Order (ECF No. 111) addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 23, 2023. . Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 122
ORDER re: #116 FIRST MOTION for Reconsideration (Redacted), #113 FIRST MOTION for Reconsideration: On May 23, 2023, at 1:53 a.m., Defendant moved to lift or modify the temporary restraints entered by the Court on April 21, 2023, or, in the alternative, to stay the April 21 Order in part pending any appeal. Defendant's 28-page motion, supported by a declaration and 26 exhibits, asserts that, unless the Court has lifted or modified the temporary restraints by the morning of May 24, then Defendant will notice an appeal to the Second Circuit. Although the Court appreciates the urgency surrounding requests for temporary injunctive relief, the Court will not operate according to the artificial time constraints purportedly imposed by Defendant. The parties shall appear for a teleconference on Defendant's motion on May 30, 2023, at 11:30 a.m. Additional conference details are set forth within. (Signed by Judge Jennifer H. Rearden on 05/24/2023) (kpk)
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| Filing 121 FIRST NOTICE OF INTERLOCUTORY APPEAL from #45 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,. Document filed by Nadezda Usina. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Robinson, Ashley) |
| Filing 120 LETTER RESPONSE to Motion addressed to Judge Jennifer H. Rearden from John P. Barry dated May 24, 2023 re: #118 LETTER MOTION for Discovery re: Request for Modification of the Court's May 22, 2023 Order (ECF No. 111) addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 23, 2023. . Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - Subpoena for Production of Documents).(Barry, John) |
| Filing 119 FILING ERROR - NO ORDER SELECTED FOR APPEAL - FIRST NOTICE OF INTERLOCUTORY APPEAL. Document filed by Nadezda Usina. Filing fee $ 505.00, receipt number ANYSDC-27782174. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Robinson, Ashley) Modified on 5/24/2023 (tp). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Ashley Robinson to RE-FILE Document No. #119 Notice of Interlocutory Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type 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/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #121 Notice of Interlocutory Appeal..(nd) |
| Appeal Fee Paid electronically via Pay.gov: for #121 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-27782174, paid on 5/24/2023..(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #121 Notice of Interlocutory Appeal filed by Nadezda Usina were transmitted to the U.S. Court of Appeals..(nd) |
| Filing 118 LETTER MOTION for Discovery re: Request for Modification of the Court's May 22, 2023 Order (ECF No. 111) addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 23, 2023. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 117 RESPONSE in Opposition to Motion re: #113 FIRST MOTION for Reconsideration . ( / Defendant's Motion to Lift or Modify The Court's Preliminary Injunction or, in the Alternative, to Partially Stay Pending Appeal). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 116 FIRST MOTION for Reconsideration (Redacted). Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 115
ORDER. The Court is in receipt of Defendant's motion and supporting papers, filed at 1:53 a.m. today. ECF Nos. 113, 114. Therein, Defendant states that, "[u]nless [the temporary restraints] [are] lifted or modified by the morning of [tomorrow] May 24, Defendant will respectfully notice an appeal to the Second Circuit, and Defendant requests in the alternative that this Court stay" the temporary restraints in part "during the pendency of that appeal." ECF No. 113 at 1. Plaintiff is directed to respond to Defendant's motion by 4:00 p.m. today. (Signed by Judge Jennifer H. Rearden on 05/23/2023) (kpk)
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| Filing 114 DECLARATION of Nadezda Usina in Support re: #113 FIRST MOTION for Reconsideration .. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 113 ***SELECTED PARTIES***FIRST MOTION for Reconsideration . Document filed by Nadezda Usina, Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit 1 - 2023.05.15 Contempt Conference Transcript, #2 Exhibit 2 - Stock Agreement, #3 Exhibit 3 - Merriam Webster Definition - Engage, #4 Exhibit 4 - Transcript of Constantine Alexandrakis Deposition, #5 Exhibit 5 - 2023.04.28 Conference Transcript, #6 Exhibit 6 - 2023.05.12 Usina Affidavit, #7 Exhibit 7 - 2023.05.12 Naumes Aff., #8 Exhibit 8 - 2023.05.17 Notarized Hernandez Affidavit, #9 Exhibit 9 - 2023.05.12 Rosenberg Affidavit, #10 Exhibit 10 - 2023.05.19 Teleconference Transcript, #11 Exhibit 11 - RRA's Responses to Interrogatories, #12 Exhibit 12 - Transcript of Renee Bell Deposition, #13 Exhibit 13 - Transcript of Kimberly Archer Deposition, #14 Exhibit 14 - 2023.05.11 Craig Ramsey Affidavit, #15 Exhibit 15 - 2023.04.21 email - Usina_000081, #16 Exhibit 16 - 2023.03.28 Hernandez_000411, #17 Exhibit 17 - 2023.04.03 Usina_000001, #18 Exhibit 18 - 2023.04.14 Usina_000051, #19 Exhibit 19 - 2023.05.08 Rosenberg Message, #20 Exhibit 20 - 2023.05.08 Rosenberg Texts, #21 Exhibit 21 - 2023.05.08 NU Response to Subpoena, #22 Exhibit 22 - 2023.05.10 George Davis Declaration, #23 Exhibit 23 - Transcript Excerpt of Nadezda Usina Deposition, #24 Exhibit 24 - 2023.03.16 RRA email - RRA-0000088, #25 Exhibit 25 - 2023.03.21 Alexandrakis text - RRA-0002218, #26 Exhibit 26 - 2023.04.04 TRO Hearing Transcript)Motion or Order to File Under Seal: #70 .(Robinson, Ashley) |
| Filing 112 NOTICE OF APPEARANCE by Derek Lawrence Shaffer on behalf of Nadezda Usina..(Shaffer, Derek) |
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Filing 111
ORDER: As stated on the record during the May 19, 2023 telephone conference in this matter: By May 24, 2023 at 5:00 p.m., Defendant shall produce the documents identified in Plaintiffs May 19, 2023 letter (ECF No. 108). On May 31, 2023, the parties shall appear before Magistrate Judge Cott for a settlement conference. A hearing on Plaintiff's contempt motion will take place on June 7, 2023 in Courtroom 12B, 500 Pearl Street, New York, NY 10007. Additional details regarding the hearing will be provided by separate order. Moreover, by June 2, 2023 at 12:00 p.m., the parties shall file any supplemental briefs relating to Plaintiff's contempt motion. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/22/2023) (kv)
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Filing 110
ORDER SCHEDULING SETTLEMENT CONFERENCE: The settlement conference can be conducted either via video conferencing or in-person. The parties are directed to write to the Court by May 24, 2023 to indicate which format they prefer. (And as further set forth herein.) SO ORDERED. Settlement Conference set for 5/31/2023 at 02:15 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 5/19/2023) (jca)
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Filing 109
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge Jennifer H. Rearden on 5/19/2023) (kv)
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| Filing 108 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 19, 2023 re: Response to the Court's May 17, 2023 Order (ECF No. 106), submitting proposed Hearing Dates for Plaintiff's Application to Hold Defendant in Contempt and requesting additional discovery. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 107 LETTER addressed to Judge Jennifer H. Rearden from Christopher J. Sprigman dated May 19, 2023 re: TRO Compliance, Hearing Dates and Discovery. Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 106
ORDER. Based on the parties' submissions and the argument held on May 15, 2023, the Court is inclined to conduct a hearing on Plaintiff's motion to hold Defendant in contempt. The parties shall appear for a teleconference on May 19, 2023 at 4:00 p.m. to discuss next steps. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 709 326 882#. Members of the public may call the same number but are to keep their phones muted during the proceeding. By 10:00 a.m. on May 19, 2023, Plaintiff and Defendant are each directed to submit a letter, as set forth in this Order. (Signed by Judge Jennifer H. Rearden on 05/17/2023) (kpk)
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| Filing 105 JOINT LETTER addressed to Judge Jennifer H. Rearden from Ashley Robinson dated May 17, 2023 re: Parties' Settlement Discussions. Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 104
ORDER. IT IS HEREBY ORDERED that the preliminary injunction hearing scheduled for May 18, 2023 is ADJOURNED to June 13, 2023. Additional information regarding the rescheduled proceeding will follow under separate order. IT IS FURTHER ORDERED that the temporary restraints entered by the Court on April 21, 2023 at 4:52 PM, ECF No. 45, are extended until the Court issues its decision on Plaintiff's application for a preliminary injunction. For the reasons set forth within, the Court finds good cause for this extension. (Signed by Judge Jennifer H. Rearden on 05/17/2023) (kpk)
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| Filing 103 NOTICE OF APPEARANCE by Christopher Jon Sprigman on behalf of Nadezda Usina..(Sprigman, Christopher) |
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Filing 102
ORDER: On May 12, 2023, Defendant filed an application for leave to submit a memorandum of law "addressing matters developed in discovery" relating to the amount-in-controversy requirement, 28 U.S.C. 1332(a), that allegedly bear on the Courts subject matter jurisdiction. ECF No. 78. On May 12, the Court granted Defendant's application, directed Defendant to file her memorandum of law by May 14, and directed Plaintiff to file a response by May 15. ECF No. 79. On May 14, Defendant filed her memorandum of law, ECF No. 93, and on May 15, Plaintiff filed its response, ECF No. 99. Upon consideration of the parties submissions, Defendant's request to dismiss this case for lack of subject matter jurisdiction is DENIED. A decision setting forth the reasons for this ruling will issue in due course. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/16/2023) (tg)
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| Minute Entry for proceedings held before Judge Jennifer H. Rearden: Oral Argument held on 5/15/2023 re: #92 Order to Show Cause. The parties are directed to order the transcript expedited and split the cost. (Court Reporter Patricia Nilsen) (kwi) |
| Filing 101 JOINT LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 15, 2023 re: Parties' Joint Proposal for Hearing Logistics and the Parties' Respective Lists of Affiants to Cross Examine. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 100 LETTER addressed to Judge Jennifer H. Rearden from Ashley Robinson dated May 15, 2023 re: Usina's Supplemental Production of Documents. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 99 RESPONSE re: #93 Memorandum of Law in Support of Motion, to Dismiss for Lack of Subject Matter Jurisdiction. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 98
ORDER granting #91 Letter Motion for Oral Argument. Pursuant to the Order to Show Cause entered on May 14, 2023, Plaintiff's application for oral argument is GRANTED. The date, time, and access information for the proceeding are available at ECF No. 92. (HEREBY ORDERED by Judge Jennifer H. Rearden)(Text Only Order) (kpk)
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| Filing 97 ***SELECTED PARTIES*** REPLY re: #92 Order to Show Cause,,,, and in Further Support of Application to Hold Defendant in Contempt. Document filed by Russell Reynolds Associates, Inc., Nadezda Usina. Motion or Order to File Under Seal: #95 .(Barry, John) |
| Filing 96 REPLY re: #92 Order to Show Cause,,,, and in Further Support of Application to Hold Defendant in Contempt (Redacted). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 95 LETTER MOTION to Seal / Redact Portions of Plaintiff's Reply in Support of its Order to Show Cause Application to Hold Defendant in Contempt addressed to Judge Jennifer H. Rearden from John P. Barry dated May 15, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #87 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (tp) |
| Filing 94 RESPONSE TO ORDER TO SHOW CAUSE re: #92 Order to Show Cause,,,,. Document filed by Nadezda Usina. (Attachments: #1 Exhibit 2023.04.28 Conference Transcript, #2 Exhibit Usina Deposition Testimony Excerpt, #3 Exhibit Excerpt of 2023.05.12 Usina Affidavit, #4 Exhibit Excerpt of 2023.05.12 Hernandez Affidavit, #5 Exhibit Excerpt of 2023.05.12 Rosenberg Affidavit, #6 Exhibit Excerpt of 2023.05.12 Naumes Affidavit, #7 Exhibit Email Chain Between Counsel re. Meet and Confer - Settlement, #8 Exhibit Email Chain Between Counsel re Deposition of Constantine Alexandrakis).(Robinson, Ashley) |
| Filing 93 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #78 LETTER MOTION for Leave to File Pre-Hearing Memorandum of Law per the Court's May 5, 2023 Order addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 12, 2023. Letter Motion to Dismiss For Lack of Subject Matter Jurisdiction. Document filed by Nadezda Usina, Russell Reynolds Associates, Inc.. Motion or Order to File Under Seal: #70 .(Robinson, Ashley) |
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Filing 92
ORDER TO SHOW CAUSE: It is hereby ORDERED, that Defendant Nadezda Usina show cause before this Court on May 15, 2023 at 11:00 AM, why an order should not be entered: holding Defendant in contempt for her violations of this Court's Temporary Restraining Order entered April 21, 2023; requiring Defendant to reimburse Plaintiff's attorneys' fees and all costs related to this motion; and as further set forth in this Order. The proceeding scheduled for May 15, 2023 at 11:00 AM will consist of oral argument only. The proceeding will take place by videoconference via Microsoft Teams. Only the Court and the parties shall appear by video; all others may participate by telephone. The Court will provide the parties with instructions on how to appear by video. The public and members of the press may access the proceeding by calling (646) 453-4442 and entering access code 376 933 42 followed by the pound (#) sign. (Show Cause Hearing set for 5/15/2023 at 11:00 AM before Judge Jennifer H. Rearden. Show Cause Response due by 5/14/2023 at 7:00 PM. Reply due by 5/15/2023 at 10:00 AM.) (Signed by Judge Jennifer H. Rearden on 05/14/2023) (kpk)
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| Filing 91 LETTER MOTION for Oral Argument to be held on May 15, 2023, on Plaintiff's Order to Show Cause Application to Hold Defendant in Contempt addressed to Judge Jennifer H. Rearden from John P. Barry dated May 13, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 90 DECLARATION of John P. Barry in Support re: #87 Proposed Order to Show Cause With Emergency Relief,. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit 1 - Operating Agreement for NU Advisory Partners LLC, #2 Exhibit 2 - Notification Email from John Barry to Jonathan Harris dated May 13, 2023).(Barry, John) |
| Filing 89 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #87 Proposed Order to Show Cause With Emergency Relief, to Hold Defendant in Contempt. Document filed by Russell Reynolds Associates, Inc., Nadezda Usina. Motion or Order to File Under Seal: #86 .(Barry, John) |
| Filing 88 MEMORANDUM OF LAW in Support re: #87 Proposed Order to Show Cause With Emergency Relief, to Hold Defendant in Contempt (Redacted). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 87 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Russell Reynolds Associates, Inc.. Related Document Number: #45 ..(Barry, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 86 LETTER MOTION to Seal / Redact Portions of Plaintiff's Memorandum of Law in Support of the Application for an Order to Show Cause to Hold Defendant in Contempt addressed to Judge Jennifer H. Rearden from John P. Barry dated May 13, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 85
ORDER granting #54 Letter Motion to Compel. Before the Court is Defendant's motion to compel the deposition of Plaintiff's Chief Executive Officer Constantine Alexandrakis prior to the May 18, 2023 preliminary injunction hearing in this action. ECF Nos. 54, 60. The Court is also in receipt of the parties' supplemental submissions, pursuant to the Court's May 8, 2023 Order, addressing the extent to which the recent depositions of two Russell Reynolds employees bear on whether to compel the requested deposition. ECF Nos. 68, 75 (filed under seal), 76. The Court GRANTS Defendant's motion. Defendant may depose Alexandrakis for one-and-a-half hours. (Signed by Judge Jennifer H. Rearden on 05/13/2023) (kpk)
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| Filing 84 ***SELECTED PARTIES***PROPOSED PRE-TRIAL ORDER. Document filed by Nadezda Usina, Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit Ex. A - Archer Transcript Highlighted, #2 Exhibit Ex. B - Bell Transcript Highlighted, #3 Exhibit Ex. C - Usina Transcript Highlighted, #4 Exhibit Ex. D - Usina Transcript Designations, #5 Exhibit Ex. E - Usina Exhibit List) Motion or Order to File Under Seal: #70 .(Robinson, Ashley) |
| Filing 83 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Nadezda Usina, Russell Reynolds Associates, Inc..Motion or Order to File Under Seal: #70 .(Robinson, Ashley) |
| Filing 82 PROPOSED PRE-TRIAL ORDER. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 81 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 80 LETTER MOTION for Leave to File post-Hearing memoranda of law addressed to Judge Jennifer H. Rearden from John P. Barry dated May 12, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 79
ORDER granting in part and denying in part #66 Letter Motion to Compel; granting in part and denying in part #67 Letter Motion to Compel; granting in part and denying in part #69 Letter Motion to Compel; granting #78 Letter Motion for Leave to File Document. For the reasons stated at the conference, Plaintiff's letter-motion is GRANTED IN PART. With respect to RFP No. 1, Defendant shall promptly search for and produce any responsive documents and communications that post-date March 21, 2023. By May 15, 2023, Defendant shall file a letter confirming that she has conducted that search and that any responsive documents and communications have been produced. Defendant shall also state whether any documents or communications responsive to RFP No. 1 have been withheld from production at any point, and if so, Defendant's basis for withholding those materials. As to RFP No. 3, Defendant shall produce any responsive communications, from January 1, 2018 to September 15, 2022, with Ms. Naumes, Ms. Hernandez, and/or Ms. Rosenberg, and any responsive documents from that same time frame pertaining to Defendant's alleged violation of the employee non-solicitation covenant of the Stock Agreement with respect to Ms. Naumes, Ms. Hernandez, and Ms. Rosenberg. See ECF No. 7-1. In all other respects, Plaintiff's request is DENIED without prejudice to renewal should discovery reveal relevant information pertaining to the purported solicitation of any other Russell Reynolds employees. As per Plaintiff's counsel's statement at the May 12, 2023 conference, Plaintiff has withdrawn its request to compel Defendant's response to Supplemental RFP No. 6. As further stated at the May 12 conference, Defendant's letter-motion to file a pre-hearing memorandum of law (ECF No. 78) is GRANTED insofar as Defendant intends to address the Court's subject matter jurisdiction. By May 14, 2023 at 5 P.M., Defendant shall file her memorandum of law. By May 15 at 5 P.M., Plaintiff shall respond. By May 16, 2023, the parties shall meet and confer for at least one hour regarding settlement. By May 17, 2023, the parties shall file a letter updating the Court on the status of their discussions and whether referral to a Magistrate Judge for settlement would be productive. The Clerk of the Court is directed to terminate ECF Nos. 66, 67, 69, and 78. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 5/12/2023) (kv)
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| Filing 78 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Pre-Hearing Memorandum of Law per the Court's May 5, 2023 Order addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 12, 2023. Document filed by Nadezda Usina, Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit Excerpts of Archer Deposition Transcript, #2 Exhibit Excerpts of Bell Deposition Transcript, #3 Exhibit Plaintiff's Original and Supplemental Responses and Objections to Usina's Interrogatories and Requests for Production, #4 Exhibit RRA-Lusha Invoice)Motion or Order to File Under Seal: #77 .(Robinson, Ashley) |
| Filing 77 LETTER MOTION to Seal Usina's Letter Motion Requesting Leave to File a Pre-Hearing MoL addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 12, 2023. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 76 LETTER MOTION for Discovery / in Further Opposition to Defendant's Motion to Compel Deposition of CEO addressed to Judge Jennifer H. Rearden from John P. Barry dated May 11, 2023. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - Excerpts of the Archer Deposition Transcript, #2 Exhibit B - Excerpts of the Bell Deposition Transcript).(Barry, John) |
| Filing 75 ***SELECTED PARTIES*** LETTER MOTION to Compel Constantine Alexandrakis to Testify at a Deposition in Response to the Court's May 8, 2023 Order addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 11, 2023. Document filed by Nadezda Usina, Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit Email from Constantine Alexandrakis re Contingency Planning, #2 Exhibit Contingency Plan, #3 Exhibit Excerpt of Bell Deposition Transcript, #4 Exhibit Excerpt of Bell Deposition Transcript, #5 Exhibit Excerpt of Archer Deposition Transcript, #6 Exhibit Excerpt of Archer Deposition Transcript, #7 Exhibit Excerpt of Bell Deposition Transcript, #8 Exhibit Text Messages from Archer and Bell, #9 Exhibit Text Messages from Bell, #10 Exhibit Excerpt of Bell Deposition Transcript, #11 Exhibit Excerpt of Bell Deposition Transcript, #12 Exhibit Excerpt of Archer Deposition Transcript, #13 Exhibit Emails to and from Constantine Alexandrakis, #14 Exhibit Excerpt of Bell Deposition Transcript, #15 Exhibit Excerpt of Bell Deposition Transcript with Text Messages from Constantine Alexandrakis to Usina, #16 Exhibit Excerpt of Archer Deposition Transcript with Text Messages to and from Constantine Alexandrakis, #17 Exhibit Excerpt of Bell Deposition Transcript with Emails to and from Constantine Alexandrakis)Motion or Order to File Under Seal: #70 .(Robinson, Ashley) |
| Filing 74 LETTER MOTION to Seal Usina's Response to the May 8, 2023 Order deferring decision on Defendants motion to compel the deposition of Constantine Alexandrakis addressed to Judge Jennifer H. Rearden from Ashley Robinson dated May 11, 2023. Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 73
ORDER: On May 12, 2023, at 10:15 A.M., the Court will hold a teleconference to address the outstanding discovery issues raised in Plaintif's May 10, 2023 letter. See ECF No. 72. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 877 465 591#. Members of the public may call the same number but are to keep their phones muted during the proceeding. SO ORDERED., (Telephonic Discovery Hearing set for 5/12/2023 at 10:15 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 5/11/2023) (ama)
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| Filing 72 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 10, 2023 re: Letter Motion to Withdraw Certain Requests from Motion to Compel Discovery. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - May 10, 2023 e-mails.).(Barry, John) |
| Filing 71 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 10, 2023 re: Usina's Motion to Compel and Response to Plaintiff's Motion to Compel. Document filed by Nadezda Usina. (Attachments: #1 Exhibit Plaintiff's First Set of Interrogatories and Requests for Production).(Robinson, Ashley) |
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Filing 70
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/10/2023) (vfr)
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| Filing 69 LETTER MOTION to Compel Nadezda Usina and Advisory Partners LLC to produce documents (CORRECTED) addressed to Judge Jennifer H. Rearden from John P. Barry dated May 8, 2023. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - May 8, 2023 Email from Defendant Nadezda Usina's Counsel, #2 Exhibit B - Subpoena on NU Advisory Partners LLC).(Barry, John) |
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Filing 68
ORDER deferring ruling on #54 Letter Motion to Compel. Before the Court is Defendant's May 2, 2023 motion to compel the deposition of Plaintiff's Chief Executive Officer Constantine Alexandrakis, in advance of the May 18, 2023 preliminary injunction hearing in this matter. ECF No. 54. The Court is also in receipt of Plaintiff's May 4, 2023 opposition to the motion. ECF No. 60. The Court defers ruling on Defendant's motion until the depositions of Russell Reynolds employees Kimberly Archer and Renee Bell have been completed. ECF No. 61 at 3 (directing the parties to complete depositions by May 10, 2023); see, e.g., Consol. Rail Corp. v. Primary Indus. Corp., No. 92 Civ. 4927, 1993 WL 364471, at *1 (S.D.N.Y. Sept. 10, 1993) (determining that it "[wa]s appropriate... to defer any live depositions of the three named executives" sought by defendant until defendant had, e.g., taken "the deposition testimony of other witnesses" to establish that they did not "have the same knowledge" as the executives). Following completion of the Archer and Bell depositions, and by no later than May 11, 2023, Plaintiff and Defendant shall each file a letter regarding the extent to which Archer's and Bell's testimony bears on the issues raised in the parties' May 2 and May 4 submissions, respectively, see ECF Nos. 54, 60. The parties are encouraged to include legal authorities (if any) addressing the aforementioned issues in the context of expedited discovery and/or preliminary injunctive relief proceedings. Each letter shall be limited to six double-spaced pages. Opposition letters will not be permitted. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/8/2023) (vfr)
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| Filing 67 LETTER MOTION to Compel Nadezda Usina and Advisory Partners LLC to produce documents addressed to Judge Jennifer H. Rearden from John P. Barry dated May 8, 2023. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - May 8, 2023 Email from Defendant Nadezda Usina's Counsel, #2 Exhibit B - Subpoena on NU Advisory Partners LLC).(Barry, John) |
| Filing 66 LETTER MOTION to Compel Russell Reynolds Associates to Respond to Interrogatories addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 8, 2023. Document filed by Nadezda Usina. (Attachments: #1 Exhibit RRA Objections and Responses to Usina Requests for Production and Interrogatories).(Robinson, Ashley) |
| Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/28/2023 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....(McGuirk, Kelly) |
| Filing 64 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/28/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Amy Walker, (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 5/30/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 8/7/2023..(McGuirk, Kelly) |
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Filing 63
ORDER withdrawing #46 Motion to Seal. Plaintiff's request to withdraw its letter-motion to redact the April 4, 2023 hearing transcript is GRANTED. The Clerk of Court is directed to terminate ECF No. 46. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 5/8/2023) (kv)
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| Filing 62 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 8, 2023 re: Submission of the Parties' jointly proposed Protective Order. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Text of Proposed Order - Proposed Protective Order).(Barry, John) |
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Filing 61
ORDER re: #55 Letter filed by Nadezda Usina. For the reasons explained below, the Court adopts neither party's proposed schedule. Instead, the Court sets forth below a schedule appropriately tailored to this application for emergency relief. Accordingly, the parties shall conduct discovery and abide by the pre-hearing procedures in this case, as follows: as further set forth herein. The preliminary injunction hearing will begin at 9:00 A.M. on May 18, 2023, in Courtroom 12B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. The hearing will conclude at 5:00 P.M. SO ORDERED. (Deposition due by 5/10/2023., Motions due by 5/8/2023., Pretrial Order due by 5/12/2023., Responses due by 5/10/2023, Status Conference set for 5/18/2023 at 09:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 5/5/2023) (kv)
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| Filing 60 LETTER RESPONSE in Opposition to Motion addressed to Judge Jennifer H. Rearden from John P. Barry dated May 4, 2023 re: #54 LETTER MOTION to Compel Constantine Alexandrakis to Testify at a Deposition addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 2, 2023. . Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 59 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 4, 2023 re: RRA's supplemental submission concerning scheduling. Document filed by Nadezda Usina..(Robinson, Ashley) |
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Filing 58
ORDER: On consent of the parties, and for good cause, the temporary injunctive relief issued on April 21, 2023, pending the preliminary injunction hearing originally scheduled for May 4, 2023 and adjourned at the request of the parties, is hereby extended through May 19, 2023. The extension will allow, inter alia, the parties to conduct reasonable expedited discovery. It will further allow the Court to review the parties' forthcoming submissions and hold an evidentiary hearing. An order will issue regarding the pre-hearing expedited discovery matters raised by the parties on May 3, 2023, as well as pre-hearing procedures. The order will also schedule the preliminary injunction hearing. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/4/2023) (kv)
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| Filing 57 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 3, 2023 re: Supplement to Joint Letter (ECF No. 55) in Response to Certain Arguments Regarding an Extension of the TRO Raised by the Defendant. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 56
STIPULATION AND ORDER ON BRIEFING SCHEDULE NOW WHEREFORE, Plaintiff and Defendant jointly stipulate and agree as follows: 1. Defendant's brief shall be filed on Tuesday, May 2, 2023; and 2. Plaintiff's response shall be filed on or before Thursday, May 4, 2023. SO STIPULATED AND AGREED. ORDERPursuant to the parties' stipulation set forth above, it is so ordered.(Brief due by 5/2/2023., Responses to Brief due by 5/4/2023) (Signed by Judge Jennifer H. Rearden on 5/3/2023) (jca)
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| Filing 55 JOINT LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 3, 2023 re: Discovery deadlines and dates for the hearing. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 54 LETTER MOTION to Compel Constantine Alexandrakis to Testify at a Deposition addressed to Judge Jennifer H. Rearden from Jonathan Harris dated May 2, 2023. Document filed by Nadezda Usina. (Attachments: #1 Exhibit Text messages between Constantine Alexandrakis and Nada Usina, #2 Exhibit Proposed Subpoena).(Robinson, Ashley) |
| Filing 53 JOINT LETTER addressed to Judge Jennifer H. Rearden from Ashley Robinson dated May 2, 2023 re: Parties' agreement concerning the briefing schedule on the motion to compel Constantine Alexandrakis' deposition. Document filed by Nadezda Usina. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order).(Robinson, Ashley) |
| Filing 52 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated May 1, 2023 re: withdrawal of Plaintiff's April 24, 2023 Letter Motion Regarding Redaction of the Hearing Transcript from April 4, 2023 (ECF No. 46). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Minute Entry for proceedings held before Judge Jennifer H. Rearden: Status Conference held on 4/28/2023. The parties' joint requests to adjourn the show cause hearing on Plaintiff's motion for a preliminary injunction (ECF No. 47), previously scheduled for May 4, 2023, at 12:30 P.M., and to extend Defendant's deadline to respond to the Complaint, are GRANTED. By June 5, 2023, or 14 days after the Court issues a ruling on Plaintiff's preliminary injunctionwhichever is laterDefendant shall respond to the Complaint. By May 2, 2023, Plaintiff shall file a letter with authorities in support of its request to redact the transcript of the April 4, 2023, hearing. See ECF No. 46. Also, by May 2, 2023, the parties shall meet and confer for at least one hour regarding discovery issues and proposed dates for an evidentiary hearing on the preliminary injunction. By May 3, 2023, at 12:00 P.M., the parties shall file a joint letter representing that they met and conferred in good faith, and stating whether any discovery issues remain and whether the parties consent to extend beyond May 19, 2023, the temporary injunctive relief ordered by the Court on April 21, 2023 (see ECF No. 45). The parties shall attach a stipulation and proposed order proposing discovery deadlines, dates for the evidentiary hearing, and a briefing schedule on the motion to compel Mr. Alexandrakiss deposition. The Clerk of Court is directed to terminate ECF Nos. 47 and 48. The parties are directed to order the transcript and split the cost. (Court Reporter Amy Walker) (kwi) Modified on 5/1/2023 (kwi). |
| Filing 51 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated April 27, 2023 re: Supplemental Response to Defendant Nadezda Usina's Letter Motion (ECF No. 48). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 50
ORDER: The parties shall appear for a telephone conference on April 28, 2023, at 9:00 A.M., to address recent filings and other matters pertaining to the upcoming preliminary injunction hearing. See ECF Nos. 46-49. Counsel should join the conference by dialing 646-453-4442 and entering Conference ID: 883 551 386#. Members of the public may call the same number but will not be permitted to speak during the conference. Telephone Conference set for 4/28/2023 at 09:00 AM before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 4/26/2023) (rro)
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| Filing 49 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated April 25, 2023 re: Response to Defendant Nadezda Usina's Letter Motion (ECF No. 48). Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 48 FIRST LETTER MOTION for Conference re: #45 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, Letter Motion regarding OSC and Expedited Discovery addressed to Judge Jennifer H. Rearden from Jonathan Harris dated April 25, 2023. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 47 LETTER MOTION for Extension of Time re Adjournment of Show Cause Hearing addressed to Judge Jennifer H. Rearden from John P. Barry dated April 25, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 46 LETTER MOTION to Seal /redact certain references to a client name in the transcript of the April 4th Hearing addressed to Judge Jennifer H. Rearden from John P. Barry dated April 24, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 45
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND EXPEDITED DISCOVERY: ORDERED, that Nadezda Usina ("Defendant") show cause before this Court, Room 12B, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on May 4, 2023, at 12:30 o'clock P.M., or as soon thereafter as counsel may be heard, why an order for a preliminary injunction should not be issued pursuant Rule 65 of the Federal Rules of Civil Procedure that, during the pendency of this action, Enjoins Defendant from, directly or indirectly, whether alone or jointly with or on behalf of any person, firm, company or entity, hiring or otherwise engaging, or in any way participating or assisting any Future Associate in the hiring or engaging in services with (a) any shareholder, officer or employee of the Plaintiff or any of its subsidiaries or affiliates, or (b) any former shareholder, officer or employee who was employed by the Plaintiff or any of its subsidiaries or affiliates during the six months prior to such hiring or engagement (as the terms are defined in Defendant's September 2015 Stock Agreement); Enjoins Defendant from, directly or indirectly, whether alone or jointly with or on behalf of any person, firm, company or entity, soliciting, enticing, persuading, encouraging or otherwise inducing or causing any employee of the Plaintiff or any individual who was an employee of Plaintiff within the six month period preceding Defendant's termination of employment (including any of its subsidiaries or affiliates) to terminate such employment or to become employed by or with any person or entity other than the Plaintiff (including any of its subsidiaries or affiliates), or in any way assist any Future Associate in the pursuit of the foregoing (as the terms are defined in Defendant's September 2015 Stock Agreement); and further set forth in this Order. ORDERED that e-mail service of a copy of this Order and supporting papers on counsel for Defendant shall be deemed good and sufficient service and notice thereof. (Show Cause Hearing set for 5/4/2023 at 12:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. (Signed by Judge Jennifer H. Rearden on 4/21/2023) (rro)
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| Filing 44 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief [Plaintiff's Reply in Support of Its Supplemental Memorandum of Law in Support of Its Order to Show Cause for a Temporary Restraining Order, Preliminary Injunction and Expedited Discovery]. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 43
ORDER granting #41 Letter Motion for Leave to File Document. Plaintiff's application (ECF No. 41) is GRANTED. By 5 p.m. on April 20, 2023, Plaintiff shall file a reply of no longer than three pages. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 4/19/2023) (kv)
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| Filing 42 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated April 19, 2023 re: Opposition to Plaintiff's Request for Leave to File Reply. Document filed by Nadezda Usina..(Robinson, Ashley) |
| Filing 41 LETTER MOTION for Leave to File Reply in Response to Defendants Supplemental Memorandum of Law addressed to Judge Jennifer H. Rearden from John P. Barry dated April 19, 2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Set/Reset Deadlines: Replies due by 4/20/2023. (kv) |
| Filing 40 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nadezda Usina. (Attachments: #1 Affidavit of Nadezda Usina).(Harris, Jonathan) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/4/2023 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....(McGuirk, Kelly) |
| Filing 38 TRANSCRIPT of Proceedings re: ARGUMENT held on 4/4/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Pamela Utter, (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 5/8/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/17/2023..(McGuirk, Kelly) |
| Filing 37 DECLARATION of Elizabeth Naumes in Support re: #25 Memorandum of Law in Opposition,,. Document filed by Nadezda Usina..(Harris, Jonathan) |
| Filing 36 DECLARATION of Mar Hernandez in Support re: #25 Memorandum of Law in Opposition,,. Document filed by Nadezda Usina..(Harris, Jonathan) |
| Filing 35 DECLARATION of John P. Barry in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A RRA Email to NU March 20, 2023 - 11:12 AM, #2 Exhibit B EEA Letter to N. Usina, March 20 Email Attachment, #3 Exhibit C Email Correspondence March 20, 2023, #4 Exhibit D Email March 21, 2023 10:55 AM, #5 Exhibit E Email March 21, 2023 10:56 AM, #6 Exhibit F Email March 21, 2023 9:10 AM, #7 Exhibit G Email March 21, 2023 9:59 AM, #8 Exhibit H Email March 21, 2023 10:20 AM, #9 Exhibit I Email March 21, 2023 10:31 AM).(Barry, John) |
| Filing 34 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief For A Temporary Restraining Order, Preliminary Injunction And Expedited Discovery. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
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Filing 33
STIPULATION AND PROPOSED ORDER REGARDING SERVICE AND SCHEDULE FOR DEFENDANT TO RESPOND TO COMPLAINT: Plaintiff and Defendant jointly stipulate and agree as follows: 1. Defendant's counsel agrees to accept service of the Summons and Complaint electronically on Defendant's behalf, and Defendant hereby waives any objections with respect to the sufficiency of service of the Complaint; 2. Defendant does not waive, and hereby expressly reserves, all rights and defenses except for any defense with respect to the sufficiency of service of the Complaint; 3. In the event that the Court issues a ruling on Plaintiff's Proposed Order to Show Cause for a Temporary Restraining Order and Expedited Discovery on or before April 24, 2023, the Defendant's time to respond to the Complaint shall be extended to May 5, 2023; 4. In the event that the Court issues a ruling on Plaintiff's Proposed Order to Show Cause for a Temporary Restraining Order and Expedited Discovery after April 24, 2023, the Defendant's time to respond to the Complaint shall be extended to May 15, 2023; and 5. This Stipulation may be executed in counterparts, each of which will be deemed an original and together will constitute one document. An electronic signature on this Stipulation will be considered an original signature. Pursuant to the parties' stipulation set forth above, it is so ordered. (Signed by Judge Jennifer H. Rearden on 4/11/2023) (kv)
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| Filing 32 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated April 7, 2023 re: submitting Stipulation and Proposed Order to memorialize the parties' agreement on method of service of Plaintiff's Summons and Complaint and Defendant's deadline to respond to the Complaint. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Text of Proposed Order (Stipulation and Proposed Order)).(Barry, John) |
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Filing 31
STIPULATION AND ORDER ON BRIEFING SCHEDULE REGARDING THE ISSUE OF THE INJUNCTION STANDARD TO BE APPLIED, NOW THEREFORE, Plaintiff and Defendant jointly stipulate and agree as follows: 1. Plaintiff's brief shall be filed on or before Tuesday, April 11, 2023 and shall not exceed fifteen (15) pages; and 2. Defendant's response shall be filed on or before Tuesday, April 18, 2023 and shall not exceed fifteen (15) pages. Pursuant to the parties stipulation set forth above, it is so ordered. (Replies due by 4/18/2023., Responses due by 4/11/2023) (Signed by Judge Jennifer H. Rearden on 4/6/2023) (kv)
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| Filing 30 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated April 5, 2023 re: response to the Court's April 5, 2023 Minute Entry for proposed Stipulation for supplemental briefing deadlines regarding the issue of the injunction standard to be applied. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Text of Proposed Order (Stipulation and Proposed Order)).(Barry, John) |
| Minute Entry for proceedings held before Judge Jennifer H. Rearden: Show Cause Hearing held on 4/4/2023. The parties shall promptly file a joint stipulation proposing deadlines and page limits for supplemental briefing on the issue of whether any of the relief Plaintiff seeks would qualify as a mandatory injunction, and if so, whether Plaintiff meets the requisite legal standard for a mandatory injunction. For the reasons set forth during the hearing, Plaintiff's Motion to Seal Exhibit D to the Declaration of Kimberly Archer (ECF No. 9) is GRANTED. If Plaintiff wishes for the transcript of the hearing to be redacted, it shall do so by filing a letter-motion in accordance with Rule 9 of the Court's Individual Rules and Practices in Civil Cases. (Court Reporter Pamela Utter) (kwi) |
| Filing 29 DECLARATION of Kimberly Archer in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 28 DECLARATION of Renee Bell in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - Sponsor Reference Guide, #2 Exhibit B - Hub Leader Job Specification, #3 Exhibit C - Industry Capability Leader Job Specification, #4 Exhibit D - Collective Responsibility Presentation, #5 Exhibit E - New Managing Directors Meeting).(Barry, John) |
| Filing 27 REPLY AFFIRMATION of John Barry in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - NU Advisory Partners Application, #2 Exhibit B - NU Advisory Partners Florida Detail, #3 Exhibit C - McGraw Hill Transcript).(Barry, John) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Nadezda Usina. (Attachments: #1 Affidavit of Nada Usina, #2 Exhibit 1 to Usina Affidavit, #3 Exhibit 2 to Usina Affidavit, #4 Exhibit 3 to Usina Affidavit, #5 Exhibit 4 to Usina Affidavit, #6 Exhibit 5 to Usina Affidavit, #7 Exhibit 6 to Usina Affidavit, #8 Exhibit 7 to Usina Affidavit, #9 Affidavit of Elizabeth Naumes, #10 Affidavit of Mar Hernndez, #11 Affidavit of Meredith Rosenberg, #12 Affidavit Jonathan Harris).(Harris, Jonathan) |
| Filing 24 NOTICE OF APPEARANCE by Ashley N Robinson on behalf of Nadezda Usina..(Robinson, Ashley) |
| Filing 23 NOTICE OF APPEARANCE by Todd Alan Gutfleisch on behalf of Nadezda Usina..(Gutfleisch, Todd) |
| Filing 22 NOTICE OF APPEARANCE by Celine J. Chan on behalf of Russell Reynolds Associates, Inc...(Chan, Celine) |
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Filing 21
SCHEDULING ORDER granting #14 Letter Motion for Oral Argument. The parties' requested briefing schedule on Plaintiff's Order to Show Cause for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery (ECF No. 20) is GRANTED. Defendant's opposition shall be filed by 12:00 P.M. EST on March 29, 2023. Plaintiff's reply shall be filed by March 31, 2023. The parties shall appear for a video conference, via Microsoft Teams, on April 4, 2023, at 12:30 P.M., to address Plaintiff's application for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID: 176 255 219#. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED.. (Signed by Judge Jennifer H. Rearden on 3/22/2023) (kv)
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| Filing 20 LETTER addressed to Judge Jennifer H. Rearden from John P. Barry dated March 22, 2023 re: in response to the Court's Order [ECF No. 16] and setting forth agreed-upon briefing and hearing schedule for Plaintiff's Application for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Set/Reset Hearings:( Status Conference set for 4/4/2023 at 12:30 PM before Judge Jennifer H. Rearden.), Set/Reset Deadlines: ( Responses due by 3/29/2023, Replies due by 3/31/2023.) (kv) |
| Filing 19 NOTICE OF APPEARANCE by Adam B. Oppenheim on behalf of Nadezda Usina..(Oppenheim, Adam) |
| Filing 18 NOTICE OF APPEARANCE by David Brian Wechsler on behalf of Nadezda Usina..(Wechsler, David) |
| Filing 17 NOTICE OF APPEARANCE by Jonathan Andrew Harris on behalf of Nadezda Usina..(Harris, Jonathan) |
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Filing 16
ORDER: Accordingly, by 2:00 P.M. EST on March 22, 2023, the parties shall meet and confer and file a letter proposing a briefing schedule and hearing date for Plaintiff's application. If agreement cannot be reached, the parties should so indicate and submit their respective proposals. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/21/2023) (vfr)
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| Filing 15 LETTER addressed to Judge Jennifer H. Rearden from Jonathan Harris dated March 21, 2023 re: Application for TRO. Document filed by Nadezda Usina..(Oppenheim, Adam) |
| Filing 14 LETTER MOTION for Oral Argument Regarding Application for Temporary Restraining Order addressed to Judge Jennifer H. Rearden from John P. Barry dated 03/21/2023. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 13 CIVIL COVER SHEET filed..(Barry, John) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Nadezda Usina..(jgo) |
| Filing 11 ***SELECTED PARTIES***DECLARATION of Kimberly Archer in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc., Nadezda Usina. (Attachments: #1 Exhibit D - Proposed Engagement Email)Motion or Order to File Under Seal: #9 .(Barry, John) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Seal Exhibit D to the Declaration of Kimberly Archer. . Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 9 MOTION to Seal Exhibit D to the Declaration of Kimberly Archer. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 8 DECLARATION of Kimberly Archer in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - Stock Agreement, #2 Exhibit B - Code of Business Conduct and Ethics, #3 Exhibit C - Restrictive Covenant Obligations Email, #4 Exhibit D - Proposed Engagement Email (FILED UNDER SEAL)).(Barry, John) |
| Filing 7 DECLARATION of John Barry in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Russell Reynolds Associates, Inc.. (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories and RFP's, #2 Exhibit B - Notice of Deposition, #3 Exhibit C - Template Third Party Subpoena, #4 Exhibit D - Template Third Party Deposition Notice).(Barry, John) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief for a Temporary Restraining Order and Preliminary Injunction and Expedited Discovery. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Russell Reynolds Associates, Inc...(Barry, John) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Nadezda Usina, re: #1 Complaint. Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Barry, John) Modified on 3/21/2023 (jgo). |
| Filing 1 COMPLAINT against Nadezda Usina. (Filing Fee $ 402.00, Receipt Number ANYSDC-27494355)Document filed by Russell Reynolds Associates, Inc...(Barry, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Patrick Barry to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF must not be modified; the incorrect Citizenship Plaintiff code was selected under Citizenship of Principal Parties;. 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.. (jgo) |
| ***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. (km) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Patrick Barry. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 1 (Citizen of This State);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 4 (Incorporated/Principal Place of Business-This State);. (jgo) |
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