L.S. Power Skating, Inc. v. Serse et al
Plaintiff: L.S. POWER SKATING, INC.
Defendant: Angelo Serse, Erik Kallio and Pro Stride, Inc.
Case Number: 7:2021cv08796
Filed: October 28, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 oc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2021 Minute Entry for proceedings held before Magistrate Judge Judith C. McCarthy: Settlement Conference held on December 8, 2021. Case did not settle. Referral closed. (jah)
November 23, 2021 Opinion or Order Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by L.S. Power Skating, Inc. ENDORSEMENT: Defendants' response to Complaint and motion due 12/29/21. Plaintiff's reply due 1/6/22. Hearing adjourned to 1/21/22 at 9:30 am. I should have the full day available so all witnesses should be prepared to testify that day. SO ORDERED. Erik Kallio answer due 12/29/2021; Pro Stride, Inc. answer due 12/29/2021; Angelo Serse answer due 12/29/2021.( Motions due by 12/29/2021. Responses due by 1/6/2022. Telephone Conference set for 1/21/2022 at 09:30 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 11/23/2021) (va)
November 23, 2021 Filing 18 FIRST LETTER addressed to Judge Cathy Seibel from Thomas B. Decea dated November 23, 2021 re: Scheduling. Document filed by L.S. Power Skating, Inc...(Decea, Thomas)
November 19, 2021 Opinion or Order Filing 17 SCHEDULING ORDER: The Court has scheduled a Settlement Conference for December 8, 2021 at 10:00 a.m. before Magistrate Judge Judith C. McCarthy. Counsel shall call the following number at the time of the conference:Toll-Free Number: 877-873-8017 Access Code: 4264138. Parties are required to appear. Counsel are required to submit a confidential, ex parte letter, so identified, to the Court, not to exceed 5 pages in length, no later than five business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. SO ORDERED. Telephone Conference set for 12/8/2021 at 10:00 AM before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 11/19/2021) (vfr)
November 19, 2021 Opinion or Order Filing 16 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Judith C. McCarthy. So Ordered. (Signed by Judge Cathy Seibel on 11/19/2021) (js)
November 18, 2021 Minute Entry for proceedings held before Judge Cathy Seibel: Show Cause Hearing held on 11/18/2021. Plaintiff's counsel Thomas Decea, Esq. appears. Plaintiff's representative(s) Laura Pecchia and Mark Pecchia appear. Defendants' counsel(s) Patrick Deiorio, Esq. and Jan Marcus, Esq. appear. Law Clerk Andrew Kirschenbaum appears. The Court hereby GRANTS Plaintiff's Temporary Restraining Order (as modified by the Court for the reasons set forth on the record). The Court schedules an evidentiary hearing for December 10, 2021 at 9:30 a.m. Defendants' opposition papers to be submitted by December 2, 2021. Plaintiff's reply papers due December 9, 2021. The Court hereby refers this case to the Magistrate Judge for settlement purposes only. See transcript. (Court Reporter Pamela Grimaldi) (wc)
November 18, 2021 Opinion or Order Filing 15 ORDER: Upon consideration of Plaintiff's proposed order to show cause, (ECF No. 13), together with the affirmations, exhibits, and memorandum of law submitted in support thereof, (ECF Nos. 13-14), as well as the other filings on the docket, and having heard both parties in open court today, it is hereby: ORDERED that, sufficient reason having been shown, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, Defendants, and/or anyone acting on Defendants' behalf, shall temporarily remove any videotape which they have published on YouTube, any website, or social media platform which references or suggests a current association with "Laura Stamm," "Laura Stamm Power Skating," or "L.S. Power Skating," pending further order of the Court; Defendants, and/or anyone acting on Defendants behalf, are temporarily restrained, prohibited, and enjoined from using any of the contacts on the "Constant Contacts" platform which they allegedly misappropriated from Plaintiff, pending further order of the Court; Defendants, and/or anyone acting on Defendants behalf, are temporarily restrained, prohibited, and enjoined from incurring any expenses outside of the ordinary course of business, including distributions to any officers or principals, and are instructed to maintain a monthly accounting of their expenses, pending further order of the Court; Defendants, and/or anyone acting on Defendants' behalf, are temporarily restrained, prohibited, and enjoined from destroying, modifying, or spoliating the books, records, and other documents in their possession, however stored, including any social media files and/or postings, relative to the claims in this action as set forth in the verified complaint, pending further order of the Court; Defendants, and/or anyone acting on Defendants' behalf, are temporarily required to explicitly state or otherwise make clear that they no longer affiliated with Plaintiff when scheduling, running, or advertising any training clinics or programs at any ice-skating rink used by Plaintiff during their employment by Plaintiff or otherwise communicating with rink officers or employees, or potential customers; Defendants, and/or anyone acting on Defendants' behalf, shall immediately return to Plaintiff all physical property in their possession belonging to Plaintiff. SO ORDERED. Motions terminated: #13 FIRST MOTION for Preliminary Injunction by Order to Show Cause. filed by L.S. Power Skating, Inc.. (Signed by Judge Cathy Seibel on 11/18/2021) (jca)
November 17, 2021 Filing 14 AFFIDAVIT of Laura Pecchia in Support re: #13 FIRST MOTION for Preliminary Injunction by Order to Show Cause.. Document filed by L.S. Power Skating, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Decea, Thomas)
November 16, 2021 Filing 13 FIRST MOTION for Preliminary Injunction by Order to Show Cause. Document filed by L.S. Power Skating, Inc.. (Attachments: #1 Affidavit Mark Pecchia, #2 Exhibit Ex A, #3 Exhibit Ex B, #4 Exhibit Ex C, #5 Exhibit Ex D, #6 Exhibit Ex E, #7 Affidavit Mike Lowell, #8 Affidavit Jim Michals, #9 Memo of Law).(Decea, Thomas)
November 10, 2021 Filing 12 NOTICE OF APPEARANCE by Patrick V. Deiorio on behalf of Erik Kallio, Pro Stride, Inc., Angelo Serse..(Deiorio, Patrick)
November 10, 2021 Opinion or Order Filing 11 STIPULATION EXTENDING TIME TO ANSWER COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys that the time for defendants to answer or otherwise respond with respect to the verified complaint in this action shall be extended to December 3, 2021. Defendants' waive any defense upon service of process or defective service. SO ORDERED. Erik Kallio answer due 12/3/2021; Pro Stride, Inc. answer due 12/3/2021; Angelo Serse answer due 12/3/2021. (Signed by Judge Cathy Seibel on 11/10/2021) (mml)
November 10, 2021 Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by L.S. Power Skating, Inc...(Decea, Thomas)
October 29, 2021 Filing 9 COMPLAINT against Erik Kallio, Pro Stride, Inc., Angelo Serse. Document filed by L.S. Power Skating, Inc...(Decea, Thomas)
October 29, 2021 Filing 8 ELECTRONIC SUMMONS ISSUED as to Erik Kallio, Pro Stride, Inc., Angelo Serse..(pc)
October 29, 2021 Filing 7 CIVIL COVER SHEET filed..(Decea, Thomas)
October 29, 2021 Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. Document filed by L.S. Power Skating, Inc...(Decea, Thomas) Modified on 10/29/2021 (pc).
October 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas Beau Decea to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships for the defendant were selected. Choose one for the first listed defendant. (pc)
October 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Beau Decea to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Select each defendant listed on the caption title. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
October 29, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Beau Decea. The party information for the following party/parties has been modified: L.S. POWER SKATING, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc)
October 29, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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)
October 29, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Beau Decea. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc)
October 29, 2021 Case Designated ECF. (pc)
October 29, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Beau Decea to RE-FILE Document No. #6 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Select EACH defendant listed on the caption title. Do not select the ALL DEFENDANTS button. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
October 29, 2021 Magistrate Judge Judith C. McCarthy 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)
October 28, 2021 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by L.S. POWER SKATING, INC...(Decea, Thomas)
October 28, 2021 Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Decea, Thomas) Modified on 10/29/2021 (pc).
October 28, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Angelo Serse, Erik Kallio, Pro Stride, Inc., re: #2 Complaint. Document filed by L.S. POWER SKATING, INC...(Decea, Thomas)
October 28, 2021 Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Pro Stride, Inc.. Document filed by L.S. POWER SKATING, INC...(Decea, Thomas) Modified on 10/29/2021 (pc).
October 28, 2021 Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against L.S. POWER SKATING, INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25255797)Document filed by L.S. POWER SKATING, INC.. (Attachments: #1 Civil Cover Sheet, #2 Rulwe 7.1 Statment).(Decea, Thomas) Modified on 10/28/2021 (pc).

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Plaintiff: L.S. POWER SKATING, INC.
Represented By: Thomas Beau Decea
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Defendant: Angelo Serse
Represented By: Patrick V. Deiorio
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Defendant: Erik Kallio
Represented By: Patrick V. Deiorio
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Defendant: Pro Stride, Inc.
Represented By: Patrick V. Deiorio
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