Moog Inc. v. Skyryse, Inc. et al
| Moog Inc. |
| Skyryse, Inc., Robert Alin Pilkington, Misook Kim and Does Nos. 1-50 |
| 1:2022cv00187 |
| March 7, 2022 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| Defend Trade Secrets Act (of 2016) |
| None |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 29
TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/11/2022. (CMD)
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Filing 28
TEXT ORDER: The #25 Stipulation and Proposed Order is ordered. Oral argument on the plaintiff's Motion for a Preliminary Injunction will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/11/2022. (Chambers has mailed a copy of this text order to defendants Kim and Pilkington at the addresses listed in Docket Items 2-1 and 2-2.) (WMH)
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Filing 27
TEXT ORDER granting #22 Motion for Pro Hac Vice of Angelique Kaounis. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/11/2022. (CMD)-CLERK TO FOLLOW UP-
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Filing 26
TEXT ORDER granting #21 Motion for Pro Hac Vice of Josh Krevitt, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/11/2022. (CMD)-CLERK TO FOLLOW UP-
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Filing 25
STIPULATION re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order and Proposed Order re Production of Information, Data Preservation and Forensic Searches by Moog Inc.. (Fluskey, Robert)
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Filing 24
TEXT ORDER granting #17 Motion for Pro Hac Vice of Kazim A. Naqvi, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/10/2022. (CMD)-CLERK TO FOLLOW UP-
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Filing 23
TEXT ORDER granting #11 Motion for Pro Hac Vice of Travis Anderson, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/10/2022.(CMD)-CLERK TO FOLLOW UP-
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Filing 22
MOTION to appear pro hac vice for Angelique Kaounis ( Filing fee $ 200 receipt number ANYWDC-4523868.) by Skyryse, Inc.. (Attachments: #1 Petition for Admission of Angelique Kaounis, #2 Attorney Oath, #3 Civility Principles Oath, #4 Attorney Database & CM/ECF Registration Form, #5 Sponsor Affidavit of Terrance P. Flynn, #6 Proposed Order)(Flynn, Terrance)
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Filing 21
MOTION to appear pro hac vice for Josh Krevitt ( Filing fee $ 200 receipt number ANYWDC-4523763.) by Skyryse, Inc.. (Attachments: #1 Petition for Admission of Josh Krevitt, #2 Attorney Oath, #3 Civility Principles Oath, #4 Attorney Database & CM/ECF Registration Form, #5 Sponsor Affidavit of Terrance P. Flynn, #6 Proposed Order)(Flynn, Terrance)
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Filing 20
NOTICE of Appearance by Terrance P. Flynn on behalf of Skyryse, Inc. (Flynn, Terrance)
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Filing 19
CONTINUATION OF EXHIBITS to E-Filing Notification, Attorney Database & Electronic Case Filing Registration Form - Naqvi. (Fluskey, Robert)
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E-Filing Notification: #17 MOTION to appear pro hac vice Kazim A. Naqvi ACTION REQUIRED: Submit Attorney Database & Electronic Case Filing Form for the correct attorney. Use docketing event, continuation of exhibits. (DDS)
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Filing 18
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 3/9/2022. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. TRO Hearing scheduled for 3/11/2022 at 9:30 AM in U.S. District Court, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. Appearances. For plaintiff: Melissa N. Subjeck, Pauline T. Muto, Rena Andoh, Robert J. Fluskey, Jr., and Travis Anderson. For defendant: No appearance. (Court Reporter Ann M. Sawyer.) (CMD)
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Filing 17
MOTION to appear pro hac vice Kazim A. Naqvi ( Filing fee $ 200 receipt number ANYWDC-4522282.) by Moog Inc.. (Attachments: #1 Motion for Pro Hac Vice Admission of Kazim A Naqvi, #2 Sponsoring Affidavit, #3 Admission Petition Form, #4 Attorney's Oath, #5 Civility Principles and Guidelines Oath, #6 Attorney Database and Electronic Case Filing Registration Form)(Fluskey, Robert)
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Filing 16
TEXT ORDER. Status Conference set for 3/9/2022 at 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/9/2022. (CMD)
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Filing 15
AFFIDAVIT of Service for Summons, Complaint, and Supporting Documents served on Jheri Looney for Skyryse, Inc. on March 8, 2022, filed by Moog Inc.. (Subjeck, Melissa)
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Filing 14
AFFIDAVIT of Service for Summons, Complaint, and Supporting Documents served on Robert Alin Pilkington on March 8, 2022, filed by Moog Inc.. (Subjeck, Melissa)
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Filing 13
AFFIDAVIT of Service for Summons, Complaint and Supporting Documents served on Misook Kim on March 8, 2022, filed by Moog Inc.. (Subjeck, Melissa)
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Filing 12
CONTINUATION OF EXHIBITS to E-Filing Notification, Attorney Database & Electronic Case Filing Registration Form. (Fluskey, Robert)
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E-Filing Notification: #11 MOTION to appear pro hac vice of Travis Anderson ACTION REQUIRED: File Attorney Database and CM/ECF Registration Form as per Local Rule of Civil Procedure 83.1 (d). Use docketing event: continuation of exhibits. (DDS)
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Filing 11
MOTION to appear pro hac vice of Travis Anderson ( Filing fee $ 200 receipt number ANYWDC-4520487.) by Moog Inc.. (Attachments: #1 Motion for Pro Hac Vice Admission of Travis Anderson, #2 Petition for Attorney Admission, #3 Attorney's Oath, #4 Civility Principles and Guidelines Preamble, #5 Sponsoring Affidavit)(Fluskey, Robert)
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Filing 10
NOTICE of Appearance by Pauline Thecla Muto on behalf of Moog Inc. (Muto, Pauline)
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Filing 9
NOTICE of Appearance by Melissa Noel Subjeck on behalf of Moog Inc. (Subjeck, Melissa)
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Filing 8
Summons Issued as to Misook Kim, Robert Alin Pilkington, Skyryse, Inc. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Filing 7
MOTION to Seal by Moog Inc..(Fluskey, Robert)
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Filing 6
MOTION to Expedite Discovery by Moog Inc.. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Expedited Discovery, #2 Text of Proposed Order Granting Motion for Expedited Discovery)(Fluskey, Robert)
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Filing 5
MOTION to Expedite Hearings on TRO and Preliminary Injunction by Moog Inc.. (Attachments: #1 Declaration of Robert J. Fluskey, Jr., #2 Text of Proposed Order Granting Expedited Hearings on TRO & Preliminary Injunction)(Fluskey, Robert)
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Filing 4
MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Moog Inc.. (Attachments: #1 Memorandum in Support of Plaintiff's Motin for a TRO and Preliminary Injunction, #2 Declaration Michael Hunter, #3 Exhibit A - Signed Acknowledgments of Moog's Employee Handbook, #4 Exhibit B - Moog Employee Handbook, #5 Exhibit C - Moog's current IP Policy, #6 Exhibit D - Transcription of Moog's Trade Secret training, #7 Exhibit E - Internal Moog Log, #8 Declaration of Todd Schmidt, #9 Declaration of Paul Stoelting, #10 Exhibit A - 2018 NDA, #11 Exhibit B - 2019 NDA, #12 Exhibit C - Statement of Work, #13 Exhibit D - Terms and Conditions, #14 Exhibit E - Skyryse issued a request for a quote, #15 Exhibit F - Moog's bid response to RFQ, #16 Declaration of Jorge Lopez, #17 Exhibit A - Text message communications with Ms Morisie from November 2021, #18 Declaration of Ian Bagnald, #19 Exhibit A - File log of external hard drive November 19, 2021, #20 Declaration of Jamie Daly, #21 Exhibit A - Exit form signed on December 17, 2021 by Ms. Kim, #22 Exhibit B - Letter, #23 Declaration of William Michael Johnnie, #24 Exhibit A - Photos of Western Digital My Passport, #25 Exhibit B - Picture of Samsung PSSD T7 SCSI Disk Device, #26 Exhibit C - Picture of the separate back cover of Ms. Kim's Moog issued laptop, #27 Exhibit D - Annotation of picture in Ex. C, #28 Declaration Bruce W. Pixley, #29 Exhibit A - Curriculum Vitae, #30 Witness List, #31 Exhibit List, #32 Text of Proposed Order Proposed Order for TRO, #33 Text of Proposed Order Proposed Order for Preliminary Injunction)(Fluskey, Robert)
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Filing 3
NOTICE of Appearance by Rena Andoh on behalf of Moog Inc. (Andoh, Rena)
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Filing 2
Original Summons Filed. (Attachments: #1 Summons, #2 Summons)(Fluskey, Robert)
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Filing 1
COMPLAINT against Misook Kim, Robert Alin Pilkington, Skyryse, Inc. $ 402 receipt number ANYWDC-4519556, filed by Moog Inc.. (Attachments: #1 Exhibit A - Copy of Acknowledgments signed by Pilkington and Kim, #2 Exhibit B - Employee Handbook, #3 Exhibit C - Proprietary Information and Nondisclosure Agreement, #4 Exhibit D - 2019 Proprietary Information and Nondisclosure Agreement, #5 Exhibit E - Correspondence regarding Statement of Work, #6 Exhibit F - Terms & Conditions of Sale, #7 Exhibit G - Request for Quote, #8 Exhibit H - Moog's Bid in Response to Skyryse's RFQ, #9 Exhibit I - Exit Form signed by Kim, #10 Civil Cover Sheet)(Fluskey, Robert)
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Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (LB)
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