L.S. Power Skating, Inc. v. Serse et al
| L.S. POWER SKATING, INC. |
| Angelo Serse, Erik Kallio and Pro Stride, Inc. |
| 7:2021cv08796 |
| October 28, 2021 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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| 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) |
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)
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| 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) |
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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)
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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)
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| 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) |
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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)
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| 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) |
| 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) |
| Filing 12 NOTICE OF APPEARANCE by Patrick V. Deiorio on behalf of Erik Kallio, Pro Stride, Inc., Angelo Serse..(Deiorio, Patrick) |
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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)
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| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by L.S. Power Skating, Inc...(Decea, Thomas) |
| Filing 9 COMPLAINT against Erik Kallio, Pro Stride, Inc., Angelo Serse. Document filed by L.S. Power Skating, Inc...(Decea, Thomas) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Erik Kallio, Pro Stride, Inc., Angelo Serse..(pc) |
| Filing 7 CIVIL COVER SHEET filed..(Decea, Thomas) |
| 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). |
| ***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) |
| ***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) |
| ***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) |
| 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) |
| ***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) |
| Case Designated ECF. (pc) |
| ***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) |
| 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) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by L.S. POWER SKATING, INC...(Decea, Thomas) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Decea, Thomas) Modified on 10/29/2021 (pc). |
| 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) |
| 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). |
| 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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