Behrendt v. Atos IT Solutions and Services, Inc.
| Kenneth C. Behrendt |
| Atos IT Solutions and Services, Inc. |
| 1:2024cv00334 |
| January 16, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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| Document Text |
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| Filing 28 AFFIDAVIT OF SERVICE of Order to Show Cause Why Default Should be Entered Against Defendant, Affidavit of Devon C. Holstad, Declaration of Kenneth Behrendt, Memorandum of Law in Support of Default Judgment and Proposed Final Default Judgment served on Bryan Ireton, Amy Chipperson, Alexandre Menais, Damien Catoir and Atos IT Solutions and Services, Inc. on February 27, 2024. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 27 AFFIDAVIT OF SERVICE of Order to Show Cause Why Default Judgment Should Be Entered Against Defendant, Affidavit of Devon C. Holstad, Declaration of Kenneth Behrendt, Memorandum of Law in Support of Default Judgment and Proposed Final Default Judgment served on Atos IT Solutions and Services, Inc. on February 26, 2024. Service was accepted by Lynanne Gares, Service of Process Specialist at Corporation Service Company. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Atos International B.V., Other Affiliate Atos Se, Other Affiliate Siemens AG for Atos IT Solutions and Services, Inc.. Document filed by Atos IT Solutions and Services, Inc...(Medzhibovsky, Leon) |
| Filing 25 NOTICE OF APPEARANCE by Steven Rosato on behalf of Atos IT Solutions and Services, Inc...(Rosato, Steven) |
| Filing 24 NOTICE OF APPEARANCE by Leon Medzhibovsky on behalf of Atos IT Solutions and Services, Inc...(Medzhibovsky, Leon) |
Filing 23
ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED AGAINST DEFENDANT: ORDERED that Defaulting Defendant Atos IT Solutions and Services, Inc. ("Atos") show cause before the Honorable Valerie E. Caproni, in Courtroom 443 of the United States District Court for the Southern District of New York, at 40 Foley Square, New York, New York on March 29, 2024, at 10:00 A.M., and show cause why an order should not be issued pursuant to Rule 5 of the Federal Rules of Civil Procedure for the entry of a default judgment against Atos and awarding Plaintiff damages in the amount of $5,000,000, plus pre- and post- judgment interest, and any other ancillary equitable relief as this Court may deem just and proper. ORDERED that Plaintiff, through counsel, must also attend the show-cause hearing. ORDERED that the service of a copy of this Order to Show Cause and its supporting papers shall be made on Atos by Tuesday, February 27, 2024, and deemed effective as to Atos if it is completed by the following means: As further set forth by this Order. ORDERED that Plaintiff must file proof of service via ECF by no later than Wednesday, February 28, 2024. ORDERED that opposing papers, if any, shall be filed with the Court and served on Plaintiff's counsel on or before Tuesday, March 19, 2024, by delivering copies thereof to the office of Winthrop & Weinstine, Capella Tower, Suite 3500, 225 South 6th St., Minneapolis, MN, 55402, attn: Devon C. Holstad; and by emailing copies of thereof to dholstad@winthrop.com. Plaintiff may file a reply by not later than Tuesday, February 26, 2024. ORDERED that the Initial Pretrial Conference scheduled for March 8, 2024, at 10:00 A.M. and the associated deadlines to submit a joint letter and proposed case management plan are CANCELED. Atos is advised that failure to respond to the Order to Show Cause may be grounds for granting a default judgment against them, in which event Atos will have no trial. SO ORDERED. ( Show Cause Hearing set for 3/29/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.), ( Replies due by 2/26/2024.) Show Cause Response due by 3/19/2024. (Signed by Judge Valerie E. Caproni on 2/20/2024) (tg)
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| Filing 22 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 21 MEMORANDUM OF LAW in Support re: #18 Proposed Order to Show Cause Without Emergency Relief . Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 20 DECLARATION of Kenneth Behrendt in Support re: #18 Proposed Order to Show Cause Without Emergency Relief. Document filed by Kenneth C. Behrendt. (Attachments: #1 Exhibit 1 Purchase Agreement).(Holstad, Devon) |
| Filing 19 AFFIDAVIT of Devon C. Holstad in Support re: #18 Proposed Order to Show Cause Without Emergency Relief. Document filed by Kenneth C. Behrendt. (Attachments: #1 Exhibit 1 Affidavit of Service, #2 Exhibit 2 Clerk's Certificate of Default).(Holstad, Devon) |
| Filing 18 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED DEFAULT JUDGMENT. Notice to attorney Holstad, Devon to RE-FILE Document No. #16 Proposed Default Judgment,. The filing is deficient for the following reason(s): the document is associated with a deficient docket entry. Re-file the document using the event type Proposed Default Judgment found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Holstad, Devon to RE-FILE Document No. #17 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): no supporting documents filed. Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders (SEE ECF RULE 16.3) - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #22 Proposed Default Judgment was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #18 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 2/20/2024 (tp). |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 2/20/2024 (tp). |
| Filing 15 DECLARATION of Kenneth Behrendt in Support re: #13 Memorandum of Law in Support. Document filed by Kenneth C. Behrendt. (Attachments: #1 Exhibit 1 Purchase Agreement).(Holstad, Devon) |
| Filing 14 AFFIDAVIT of Devon C. Holstad in Support re: #13 Memorandum of Law in Support. Document filed by Kenneth C. Behrendt. (Attachments: #1 Exhibit 1 Affidavit of Service, #2 Exhibit 2 Clerk's Certificate of Default signed by the Clerk).(Holstad, Devon) |
| Filing 13 MEMORANDUM OF LAW in Support of Default Judgment. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 12 CLERK'S CERTIFICATE OF DEFAULT as to Atos IT Solutions and Services, Inc.(km) |
| Filing 11 DECLARATION of Devon Holstad in Support re: #10 Proposed Clerk's Certificate of Default. Document filed by Kenneth C. Behrendt. (Attachments: #1 Exhibit Request for Clerk's Certificate of Default).(Holstad, Devon) |
| Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/9/2024 (km). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Devon Holstad in Support re: #8 Proposed Clerk's Certificate of Default. Document filed by Kenneth C. Behrendt..(Holstad, Devon) Modified on 2/9/2024 (km). |
| Filing 8 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kenneth C. Behrendt..(Holstad, Devon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/9/2024 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT FILING. Notice to attorney Devon Holstad to RE-FILE Document No. 9. The filing is deficient for the following reason(s): The proposed clerk's certificate needs to be filed separately, not attached to the declaration. Refile the declaration using Other Answers, Declaration in support of a non-motion. You can file your request to enter default as an attachment to the declaration. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Devon Holstad to RE-FILE Document #8 Proposed Clerk's Certificate of Default. The document that was filed is not the Proposed Clerk's certificate. Refile the Proposed Clerk's separately, with nothing attached. (km) |
| Filing 7 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Atos IT Solutions and Services, Inc. on 1-19-2024. Service was made by Mail. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Atos IT Solutions and Services, Inc. served on 1/17/2024, answer due 2/7/2024. Service was accepted by Lynanne Gares, Service of Process Specialist at Corporation Service Company, Registered Agent for Atos IT Solutions and Services, Inc.. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/8/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/18/2024) (tro) |
| Filing 4 CIVIL COVER SHEET filed..(Holstad, Devon) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Atos IT Solutions and Services, Inc...(jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Devon Charles Holstad. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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 Designated ECF. (jgo) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Atos IT Solutions and Services, Inc., re: #1 Complaint. Document filed by Kenneth C. Behrendt..(Holstad, Devon) |
| Filing 1 COMPLAINT against Atos IT Solutions and Services, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28817275)Document filed by Kenneth C. Behrendt. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Holstad, Devon) |
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| Plaintiff: Kenneth C. Behrendt | |
| Represented By: | Devon Charles Holstad |
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| Defendant: Atos IT Solutions and Services, Inc. | |
| Represented By: | Leon Medzhibovsky |
| Represented By: | Steven Rosato |
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