Italian Exhibition Group USA, Inc. v. Bartolozzi et al
| Italian Exhibition Group USA, Inc. |
| Fabrizio Bartolozzi and Eunkyung Paik |
| FB International, Inc. |
| 1:2023cv04417 |
| May 25, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Contract: Other |
| 28 U.S.C. § 1332 oc Diversity-Other Contract |
| None |
Docket Report
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Filing 38
ORDER: The parties have agreed to the following: To maintain the status quo of the company prior to the defendants' actions, Mr. Bartolozzi is required to grant to plaintiff and Cancellara access to FB International, Inc. ("FB"), including its offices and books and records (including, but not limited to, Information Technology, Finance, Bank accounts, HR, etc... ) to allow plaintiff to conduct the business of the company. The plaintiff should not make any major decision or take any drastic action on the part of FB - with the exceptions that: As further set forth in this Order. The temporary restraining order entered on June 7, 2023 (D.E. 23) continues as to Ms. Paik until July 30, 2023 (Ms. Paik reserves all rights and defenses, including regarding jurisdiction). The instant order continues as to Mr. Bartolozzi until August 29, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 7/19/2023) (ks)
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Filing 37
ORDER: The parties are directed to email the agreed-upon terms of their proposed continuing temporary restraining order, as laid out in their July 18, 2023, letter (ECF No. 36), to the Court at koeltlnysdchambers@nysd.uscourts.gov. The preliminary injunction hearing scheduled for July 27, 2023, at 2:00 p.m. will be converted to a status conference to discuss next steps in this action. 500 Pearl Street, Courtroom 14A. All other outstanding deadlines for further filings are stayed pending the July 27 conference. SO ORDERED. (Signed by Judge John G. Koeltl on 7/18/2023) ( Status Conference set for 7/27/2023 at 02:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ks)
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Filing 36
LETTER addressed to Judge John G. Koeltl from Nicholas K. Lagemann dated July 18, 2023 re: Joint request for consent order and conversion of preliminary injunction hearing to status conference. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Filing 35
MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss of Defendant Eunkyung Paik. . Document filed by Eunkyung Paik..(Greebel, Rory)
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Filing 34
MOTION to Dismiss of Defendant Eunkyung Paik. Document filed by Eunkyung Paik..(Greebel, Rory)
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Filing 33
MEMO ENDORSEMENT: on re: #32 Letter filed by Italian Exhibition Group USA, Inc. ENDORSEMENT: SO ORDERED., ( Responses due by 7/19/2023, Replies due by 7/25/2023.) (Signed by Judge John G. Koeltl on 7/14/2023) (ama)
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Filing 32
LETTER addressed to Judge John G. Koeltl from Nicholas K. Lagemann dated July 14, 2023 re: Joint request for slight modification to briefing schedule. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Filing 31
ORDER FOR ADMISSIONPRO HAC VICE granting #28 Motion for Elizabeth J. Hampton to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/6/2023) (ks)
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Filing 30
ORDER FOR ADMISSION PRO HAC VICE granting #29 Motion for Benjamin R. Kurtis to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/6/2023) (ks)
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Filing 29
FIRST MOTION for Benjamin R. Kurtis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27955701. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Kurtis, Benjamin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Elizabeth J. Hampton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number BNYSDC-27953517. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 FIRST MOTION for Benjamin R. Kurtis to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27955701. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va)
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Filing 28
MOTION for Elizabeth J. Hampton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27953517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fabrizio Bartolozzi, Eunkyung Paik. (Attachments: #1 Affidavit - Declaration of Elizabeth Hampton in Support, #2 Exhibit A - NJ Certificate of Good Standing, #3 Text of Proposed Order - Proposed Order).(Hampton, Elizabeth)
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Filing 27
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/31/2023 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)
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Filing 26
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/31/2023 before Judge John G. Koeltl. 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 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023..(McGuirk, Kelly)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time. Application granted. The Court adopts the briefing schedule set forth on page 1 of this letter. With the consent of the parties, the TRO entered by the Court on June 7, 2023 will remain in effect through July 27, 2023. The hearing scheduled for June 26, 2023 is adjourned to July 27, 2023 at 2:00 p.m. The hearing will take place in Courtroom 14A, 500 Pearl Street, New York, New York 10007. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 24. (Signed by Judge Gregory H. Woods, Part 1 on 6/9/2023) (rro) Modified on 6/9/2023 (rro).
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Filing 24
LETTER MOTION for Extension of Time / request that current briefing/hearing schedule [ECF No. 9] be extended addressed to Judge John G. Koeltl from Rory G. Greebel, Esq. dated June 9, 2023. Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Set/Reset Deadlines as to ( Motion Hearing set for 7/27/2023 at 02:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.), Set/Reset Deadlines: ( Motions due by 7/14/2023., Responses due by 7/21/2023, Replies due by 7/25/2023.) (rro)
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Filing 23
ORDER For the reasons stated at the conference held today, the plaintiff's motion for a temporary restraining order is granted. To maintain the status quo of the company prior to the defendants' actions, the defendants are required to grant the plaintiff and Cancellara access to FB, including its offices, and books and records, sufficient to allow the plaintiff to conduct the business of the company. The plaintiff should not make any major decisions or take any drastic action on the part of FB until the motion for a preliminary injunction has been decided. This temporary restraining order continues until June 21, 2023 unless extended. The hearing on the motion for a preliminary injunction is scheduled for June 26, 2023 at 10:00a.m. SO ORDERED. Motion Hearing set for 6/26/2023 at 10:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 6/7/2023) (jca)
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Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 6/7/2023. (Fletcher, Donnie)
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Filing 22
FIRST LETTER addressed to Judge John G. Koeltl from Vafa Sarmasti, Esq. dated 06/06/2023 re: The TRO Application pending before the Court. Document filed by FB International, Inc...(Sarmasti, Vafa)
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Filing 21
NOTICE OF APPEARANCE by Alfred R. Brunetti on behalf of Italian Exhibition Group USA, Inc...(Brunetti, Alfred)
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Filing 20
ORDER: The parties are directed to appear for a conference on the motion for a temporary restraining order on June 7, 2023 at 2:00 p.m. The conference will be held in Courtroom 14A, 500 Pearl St., New York, NY 10007. SO ORDERED. (Signed by Judge John G. Koeltl on 6/5/2023) (ks)
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Filing 19
LETTER addressed to Judge John G. Koeltl from Nicholas K. Lagemann dated June 5, 2023 re: Filing of Plaintiff's Reply Brief. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Filing 18
BRIEF re: #13 Memorandum of Law in Opposition, Plaintiff's Reply Memorandum of Law in Further Support of Application for a Temporary Restraining Order. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Set/Reset Deadlines as to Motion Hearing set for 6/7/2023 at 02:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ks)
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Filing 17
***SELECTED PARTIES***DECLARATION of Fabrizio Bartolozzi [UNREDACTED] in Opposition re: #13 Memorandum of Law in Opposition, #16 Declaration in Opposition,,,. Document filed by Eunkyung Paik, Fabrizio Bartolozzi, FB International, Inc., Italian Exhibition Group USA, Inc.. (Attachments: #1 Exhibit 1 - [UNREDACTED] First Quarter Revenues, #2 Exhibit 2 - [UNREDACTED] Client List)Motion or Order to File Under Seal: #9 .(Greebel, Rory)
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Filing 16
DECLARATION of Fabrizio Bartolozzi [REDACTED] in Opposition re: #13 Memorandum of Law in Opposition,. Document filed by Fabrizio Bartolozzi, Eunkyung Paik. (Attachments: #1 Exhibit 1 - [REDACTED] First Quarter Revenues, #2 Exhibit 2 - [REDACTED] Client List, #3 Exhibit 3 - webpage printouts www.fbinternational.com, #4 Exhibit 4 - draft FB Board Minutes, #5 Exhibit 5 - amended June 2002 Board Minutes, #6 Exhibit 6 - April 11, 2023 email, #7 Exhibit 7 - proposed topics, #8 Exhibit 8 - two proposed resolutions, #9 Exhibit 9 - second May 1 BOD resolution, #10 Exhibit 10 - termination notice, #11 Exhibit 11 - Tommaso emails, #12 Exhibit 12 - email from FB's former controller, #13 Exhibit 13 - January 9, 2023 email).(Greebel, Rory)
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Filing 15
DECLARATION of Eunkyung Paik in Opposition re: #13 Memorandum of Law in Opposition,. Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Filing 14
DECLARATION of Rory G. Greebel, Esq. in Opposition re: #13 Memorandum of Law in Opposition,. Document filed by Fabrizio Bartolozzi, Eunkyung Paik. (Attachments: #1 Exhibit A - email correspondence dated May 18, 2023).(Greebel, Rory)
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Filing 13
MEMORANDUM OF LAW in Opposition / DEFENDANTS FABRIZIO BARTOLOZZI AND EUNKYUNG PAIKS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF ITALIAN EXHIBITION GROUP USA, INC.S APPLICATION SEEKING TEMPORARY RESTRAINTS. Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Filing 12
JOINT LETTER addressed to Judge John G. Koeltl from Nicholas K. Lagemann dated June 2, 2023 re: the Parties' Filing Briefing for the Temporary Restraining Order and Agreement to Attempt Mediation. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Filing 11
LETTER addressed to Judge John G. Koeltl from Rory G. Greebel, Esq. dated June 2, 2023 re: filing certain documents containing confidential information under seal, while also publicly filing redacted copies of those documents. Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Filing 10
NOTICE OF APPEARANCE by Vafa Sarmasti on behalf of FB International, Inc...(Sarmasti, Vafa)
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Filing 9
ORDER: The defendants may submit an opposition to the request for a temporary restraining order by June 2, 2023. The plaintiff may reply by June 5, 2023. The parties should submit a joint status letter by June 2, 2023. The plaintiff has already filed its motion for a preliminary injunction. The defendants may respond by June 14, 2023. The plaintiff may reply by June 21, 2023. A hearing on the motion is scheduled for June 26, 2023 at 10:00 a.m. in Courtroom 14A, 500 Pearl St., New York, NY 10007. The defendants may also file a motion to dismiss without a pre-motion conference by June 9, 2023. If the defendants file a motion to dismiss, the plaintiff may respond by June 16, 2023. The defendants may reply by June 20, 2023. ( Motions due by 6/9/2023., Responses due by 6/16/2023, Replies due by 6/20/2023., Status Conference set for 6/26/2023 at 10:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 5/31/2023) (rro)
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Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 5/31/2023. (Court Reporter Martha Martin) (Fletcher, Donnie)
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Filing 8
RESPONSE re: #4 Letter . Document filed by Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Filing 7
NOTICE OF APPEARANCE by Rory Garrett Greebel on behalf of Fabrizio Bartolozzi, Eunkyung Paik..(Greebel, Rory)
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Filing 6
MEMO ENDORSEMENT on re: #4 Letter filed by Italian Exhibition Group USA, Inc., ENDORSEMENT: The parties should appear in Courtroom 14A, 500 Pearl Street, at 4:00 P.M. on May 31, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 5/26/2023) ( Status Conference set for 5/31/2023 at 04:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ks)
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Filing 5
ORDER: The plaintiff is directed to submit courtesy copies of the pending motion for temporary and preliminary injunctive relief, in hard copy to the form, by May 30, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 5/26/2023) (ks)
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Filing 4
LETTER addressed to Judge John G. Koeltl from Nicholas K. Lagemann dated May 26, 2023 re: Background information regarding the parties' dispute and pending motion. Document filed by Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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Filing 3
NOTICE OF APPEARANCE by Nicholas Kord Lagemann on behalf of Italian Exhibition Group USA, Inc...(Lagemann, Nicholas)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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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Magistrate Judge Ona T. Wang 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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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Schenker. The following case opening statistical information was erroneously selected/entered: Dollar Demand $7,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc)
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Filing 2
CIVIL COVER SHEET filed..(Schenker, Matthew)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 652516/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27792745).Document filed by Eunkyung Paik, Fabrizio Bartolozzi. (Attachments: #1 Exhibit 1 - State Court Filings).(Schenker, Matthew)
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