International Business Machines Corporation v. Papermaster Featured Case

Plaintiff International Business Machines Corporation alleged that Defendant Mark D. Papermaster will breach his Noncompetition Agreement with, and confidentiality obligations to, IBM by accepting an executive position at Apple Inc.

Plaintiff: International Business Machines Corporation
Defendant: Mark D. Papermaster
Case Number: 7:2008cv09078
Filed: October 22, 2008
Court: US District Court for the Southern District of New York
Office: Contract: Other Office
County: Westchester
Presiding Judge: Kenneth M. Karas
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Other Contract
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Docket Report

This docket was last retrieved on May 1, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2009 Opinion or Order Filing 39 MANDATE of USCA (Certified Copy) as to 28 Notice of Interlocutory Appeal filed by Mark D. Papermaster USCA Case Number 08-5618-cv. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 3/2/2009. (rj)
March 3, 2009 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 39 USCA Mandate. (rj)
January 27, 2009 Opinion or Order Filing 38 CONSENT ORDER AND STIPULATED ORDER OF DISMISSAL WITH PREJUDICE ON OCTOBER 24, 2009....So Ordered. (Signed by Judge Kenneth M. Karas on 1/27/09) (fk)
December 8, 2008 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Jeffrey S. Klein on behalf of Mark D. Papermaster (Klein, Jeffrey)
December 8, 2008 Opinion or Order Filing 36 NOTICE OF APPEARANCE by Bruce S. Meyer on behalf of Mark D. Papermaster (Meyer, Bruce)
December 8, 2008 Opinion or Order Filing 35 NOTICE OF APPEARANCE by James W. Quinn on behalf of Mark D. Papermaster (Quinn, James)
December 4, 2008 Opinion or Order Filing 34 TRANSCRIPT of proceedings held on NOVEMBER 6, 2008 before Judge Kenneth M. Karas. Court Reporter: Angela A. O'Donnell, RPR. (ll)
December 3, 2008 Opinion or Order Filing 33 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED that pursuant to the instructions of the defendant... Attorney James W. Quinn for Mark D. Papermaster, Jeffrey S. Klein for Mark D. Papermaster, Bruce S. Meyer for Mark D. Papermaster added. Attorney Blair G. Connelly terminated. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/02/2008) (gco)
December 1, 2008 Opinion or Order Filing 32 ENDORSED LETTER addressed to Honorable Kenneth M. Karas from Stephen S. Madsen dated 11/21/2008 re: schedule. ENDORSEMENT: The Court sees nothing wrong with Mr. Papermaster's decision to expeditiously appeal the preliminary injunction and to try this case. Accordingly, the Court has adopted, with minor changes, the schedule agreed to by the parties.. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/25/2008) (gco)
December 1, 2008 Opinion or Order Filing 31 SCHEDULING ORDER: Discovery due by 2/13/2009. Final Pretrial Conference set for 2/23/2009 at 10:00 AM before Judge Kenneth M. Karas. Trial Ready Hearing set for 2/24/2009 at 09:30 AM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/25/2008) (gco)
November 24, 2008 Opinion or Order Filing 29 ORDER:...it is Ordered that the Court's November 14 Opinion, in its entirety, remain docketed with the Court under seal; and it is further Ordered that copies of the Amended Opinion and Order and a redacted transcript from the November 6, 2008 preliminary injunction hearing be publicly filed. The Clerk of the Court is respectfully directed to file the Amended Opinion and Order and a redacted November 6, 2008 preliminary injunction hearing transcript, so as to place these documents in the public record. So Ordered. (Signed by Judge Kenneth M. Karas on 11/21/08) (fk)
November 24, 2008 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 28 Notice of Interlocutory Appeal. (fk)
November 24, 2008 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 12 Declaration filed by Mark D. Papermaster, 11 Declaration filed by Mark D. Papermaster, 7 Declaration in Support filed by International Business Machines Corporation, 3 Order to Show Cause, Preliminary Injunction,, filed by International Business Machines Corporation, 15 Affidavit of Service Other filed by Mark D. Papermaster, 14 Declaration filed by Mark D. Papermaster, 10 Response to Order to Show Cause filed by Mark D. Papermaster, 9 MOTION for Timothy B. Hardwicke to Appear Pro Hac Vice. filed by Mark D. Papermaster, 17 Order on Motion to Appear Pro Hac Vice, 13 Declaration filed by Mark D. Papermaster, 25 Bond filed by International Business Machines Corporation, 8 Endorsed Letter, 1 Complaint filed by International Business Machines Corporation, 20 Declaration in Support, filed by International Business Machines Corporation, 4 Memorandum of Law in Support filed by International Business Machines Corporation, 19 Memorandum of Law in Support, filed by International Business Machines Corporation, 29 Order,, 2 Rule 7.1 Corporate Disclosure Statement filed by International Business Machines Corporation, 28 Notice of Interlocutory Appeal filed by Mark D. Papermaster, 5 Declaration in Support, filed by International Business Machines Corporation, 6 Declaration filed by International Business Machines Corporation, 16 Notice of Appearance filed by Mark D. Papermaster, 22 Order, 23 Answer to Complaint, Counterclaim filed by Mark D. Papermaster, 21 Declaration in Support,,, filed by International Business Machines Corporation, 30 Memorandum & Opinion, 18 Order, Set Deadlines, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,,,, 26 Answer to Counterclaim filed by International Business Machines Corporation were transmitted to the U.S. Court of Appeals. (Tychyn, John)
November 21, 2008 Opinion or Order Filing 30 AMENDED OPINION AND ORDER... So Ordered. (Signed by Judge Kenneth M. Karas on 11/21/08) (fk)
November 21, 2008 Opinion or Order Filing 26 ANSWER to Counterclaim. Document filed by International Business Machines Corporation.(Madsen, Stephen)
November 20, 2008 Opinion or Order Filing 28 NOTICE OF INTERLOCUTORY APPEAL from 18 Order. Document filed by Mark D. Papermaster. Filing fee $ 455.00, receipt number 670348. (fk)
November 14, 2008 Opinion or Order Filing 25 Undertaking on Injunction BOND # 015028200 in the amount of $ 3,000,000.00 posted by International Business Machines Corporation. (Liberty Mutual) (ll)
November 13, 2008 Opinion or Order Filing 23 ANSWER to Complaint., COUNTERCLAIM against International Business Machines Corporation. Document filed by Mark D. Papermaster.(Connelly, Blair)
November 13, 2008 Opinion or Order Filing 22 ORDER:...Ordered, that a bond be filed by Plaintiff on or before November 14, 2008 at 5:00 pm, in the sum of $3,000,000 and that Defendant may recover from Plaintiff under said bond all costs and damages, if any, suffered by him in the event that Plaintiff does not succeed in this action. So Ordered. (Signed by Judge Kenneth M. Karas on 11/12/08) (fk)
November 7, 2008 Opinion or Order Filing 21 DECLARATION of Stephen S. Madsen ("Supplemental Declaration") in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 to Supplemental Declaration of Stephen S. Madsen, # 2 Exhibit 2 to Supplemental Declaration of Stephen S. Madsen, # 3 Exhibit 3 to Supplemental Declaration of Stephen S. Madsen, # 4 Exhibit 4 to Supplemental Declaration of Stephen S. Madsen, # 5 Exhibit 5 to Supplemental Declaration of Stephen S. Madsen, # 6 Exhibit 6 to Supplemental Declaration of Stephen S. Madsen, # 7 Exhibit 7 to Supplemental Declaration of Stephen S. Madsen, # 8 Exhibit 8 to Supplemental Declaration of Stephen S. Madsen)(Madsen, Stephen)
November 7, 2008 Opinion or Order Filing 20 DECLARATION of Rodney C. Adkins ("Supplemental Declaration") in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 to Supplemental Declaration of Rodney C. Adkins, # 2 Exhibit 2 to Supplemental Declaration of Rodney C. Adkins, # 3 Exhibit 3 to Supplemental Declaration of Rodney C. Adkins)(Madsen, Stephen)
November 7, 2008 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause, Preliminary Injunction,, (Reply Memorandum Of Law In Support Of Plaintiff's Motion For Preliminary Injunction). Document filed by International Business Machines Corporation. (Madsen, Stephen)
November 7, 2008 Opinion or Order Filing 18 ORDER: For the reasons that will be stated in a forthcoming Opinion, Plaintiff's Motion for Preliminary Injunctive Relief is GRANTED. It is further ORDERED that Defendant, Mark D. Papermaster, will immediately cease his employment with Apple, Inc. until further Order of this Court; and it is further ORDERED, pursuant to Fed. R. Civ. P. 65(c), that Plaintiff is required to propose a reasonable bond, after consultation with Defendant, to the Court by 4:00 pm on November 10, 2008. If Defendant objects, he shall submit his opposition by 4:00 pm on November 11, 2008; and it is further ORDERED that the Court will hold a status conference on November 18, 2008, at 10:00 am, at which it will discuss, and encourages the Parties to discuss beforehand, an expedited schedule for discovery and trial. re: 7 Declaration in Support filed by International Business Machines Corporation, 3 Order to Show Cause, Preliminary Injunction,, filed by International Business Machines Corporation, 4 Memorandum of Law in Support filed by International Business Machines Corporation, 5 Declaration in Support, filed by International Business Machines Corporation, 6 Declaration filed by International Business Machines Corporation, ( Reasonable Bond due by 11/10/2008 4pm., Opposition due by 11/11/2008 4pm),, ( Status Conference set for 11/18/2008 at 10:00 AM before Judge Kenneth M. Karas.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/07/2008) (gco)
November 7, 2008 Opinion or Order Filing 17 ORDER granting 9 Motion for Timothy B. Hardwicke to Appear Pro Hac Vice So Ordered.. (Signed by Judge Kenneth M. Karas on 11/06/2008) (rj)
November 6, 2008 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Blair G. Connelly on behalf of Mark D. Papermaster (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 15 AFFIDAVIT OF SERVICE. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 14 DECLARATION of Blair G. Connelly. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 13 DECLARATION of Danielle Lambert. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 12 DECLARATION of Mark D. Papermaster. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 11 DECLARATION of Robert Mansfield. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by Mark D. Papermaster. (Connelly, Blair)
November 6, 2008 Opinion or Order Filing 9 MOTION for Timothy B. Hardwicke to Appear Pro Hac Vice. Document filed by Mark D. Papermaster.(ll) Modified on 11/6/2008 (ll). Paid $25.00 fee receipt #660838
November 5, 2008 Opinion or Order Filing 8 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Blair G. Connelly dated 10/31/2008 re: Permission to file Opposition to Plaintiff's Preliminary Injunction motion under seal. ENDORSEMENT: Mr. Papermaster may file his opposition to Plaintiff's Preliminary Injunction motion under seal, provided that a redacted version will be filed within 30 days of the date of this memo endorsement.. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/03/2008) (rj)
October 28, 2008 Opinion or Order Filing 7 DECLARATION of Stephen S. Madsen in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Madsen, Stephen)
October 28, 2008 Opinion or Order Filing 6 DECLARATION of Rodney C. Adkins re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Madsen, Stephen)
October 28, 2008 Opinion or Order Filing 5 DECLARATION of J. Randall MacDonald in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 to Declaration of J. Randall MacDonald)(Madsen, Stephen)
October 28, 2008 Opinion or Order Filing 4 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause, Preliminary Injunction,,. Document filed by International Business Machines Corporation. (Madsen, Stephen)
October 24, 2008 Opinion or Order Filing 3 ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION filed by International Business Machines Corporation. Defendant shall show cause as to why why an Order should not be made and entered in this action.( Show Cause Hearing set for 11/6/2008 at 10:30 AM before Judge Kenneth M. Karas.), SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/24/2008) (gco)
October 22, 2008 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation.(gco)
October 22, 2008 Opinion or Order Filing 1 COMPLAINT against Mark D. Papermaster. (Filing Fee $ 350.00, Receipt Number 666995)Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit)(gco)
October 22, 2008 Opinion or Order SUMMONS ISSUED as to Mark D. Papermaster. (gco)
October 22, 2008 Opinion or Order Magistrate Judge LISA MARGARET SMITH is so designated. (gco)
October 22, 2008 Opinion or Order Case Designated ECF. (gco)

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Plaintiff: International Business Machines Corporation
Represented By: Stephen S Madsen
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Defendant: Mark D. Papermaster
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