irth Solutions, LLC v. Apex Data Solutions and Services, LLC et al

Plaintiff: irth Solutions, LLC
Defendant: Apex Data Solutions and Services, LLC and Kyle Murphy
Case Number: 6:2018cv06884
Filed: December 6, 2018
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Nature of Suit: Personal Property: Other
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on January 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2019 Filing 42 Sealed Document. (JHF)
January 22, 2019 Filing 41 DECISION AND ORDER denying #5 Motion for TRO; denying #26 Motion to Dismiss for Lack of Jurisdiction. As set forth in more detail in the Decision and Order, Plaintiff's Motion for TRO is DENIED; and Defendants' Motion to Dismiss or Transfer Venue is DENIED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/22/19. (GMS)
January 22, 2019 Opinion or Order Filing 40 ORDER granting #34 Motion to Seal. As set forth in ORDER, Plaintiff's Motion to Seal the Second Dreste Declaration is GRANTED. Signed by Hon. Frank P. Geraci, Jr. on 1/22/19. (GMS)-CLERK TO FOLLOW UP-
January 8, 2019 Filing 39 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.: Appearances: Brian M. Robinson, Esq., Matthew Ganas, Esq., and William Bartow Esq. for Plaintiff. David Hou, Esq., and Taylor Henry Esq. for Defendant. Motion Hearing held on 1/8/2019 re #26 MOTION to Dismiss for Lack of Jurisdiction filed by Apex Data Solutions and Services, LLC, Kyle Murphy, #34 MOTION to Seal THE SECOND DECLARATION OF ROBERT A. DRESTE IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by irth Solutions, LLC. Court reserves and will issue a written decision. (Court Reporter Chrisit Macri.) (BK)
January 3, 2019 Filing 38 MEMORANDUM in Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction filed by irth Solutions, LLC. (Ganas, Matthew)
January 3, 2019 Filing 37 DECLARATION signed by Matthew Ganas re #26 MOTION to Dismiss for Lack of Jurisdiction filed by irth Solutions, LLC (In Support of Plaintiffs Opposition To Defendants Motion To Dismiss and/or Transfer Venue) filed by irth Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Ganas, Matthew)
January 3, 2019 Filing 36 DECLARATION signed by Matthew Lantagne (Second Declaration in Further Support) re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by irth Solutions, LLC filed by irth Solutions, LLC. (Ganas, Matthew)
January 3, 2019 Filing 35 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by irth Solutions, LLC. (Ganas, Matthew)
January 3, 2019 Filing 34 MOTION to Seal THE SECOND DECLARATION OF ROBERT A. DRESTE IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by irth Solutions, LLC.(Ganas, Matthew)
December 27, 2018 Filing 33 CERTIFICATE OF SERVICE by Apex Data Solutions and Services, LLC, Kyle Murphy re #29 Declaration, #28 Declaration, #27 Declaration, #31 Declaration, #30 Declaration, #26 MOTION to Dismiss for Lack of Jurisdiction , #32 Memorandum/Brief, (Hou, David)
December 27, 2018 Filing 32 MEMORANDUM/BRIEF re #26 MOTION to Dismiss for Lack of Jurisdiction , #5 MOTION for Temporary Restraining Order and Preliminary Injunction Omnibus Memorandum of Law in opposition to Plaintiff's Motion for TRO and in support of Defendants' Motion to Dismiss by Apex Data Solutions and Services, LLC, Kyle Murphy. (Hou, David)
December 27, 2018 Filing 31 DECLARATION signed by Marilyn C. Grabowski re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Apex Data Solutions and Services, LLC, Kyle Murphy in opposition to Plaintiff's Motion for TRO and in support of Defendants' Motion to Dismiss. (Hou, David)
December 27, 2018 Filing 30 DECLARATION signed by Mark W. Allen re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Apex Data Solutions and Services, LLC, Kyle Murphy in opposition to Plaintiff's Motion for TRO and in support of Defendants' Motion to Dismiss. (Hou, David)
December 27, 2018 Filing 29 DECLARATION signed by Dervon Gaskins re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Apex Data Solutions and Services, LLC, Kyle Murphy in opposition to Plaintiff's Motion for TRO and in support of Defendants' Motion to Dismiss. (Hou, David)
December 27, 2018 Filing 28 DECLARATION signed by Jason Frankovitz re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Apex Data Solutions and Services, LLC, Kyle Murphy in opposition to Plaintiff's Motion for TRO and in support of Defendants' Motion to Dismiss. (Hou, David)
December 27, 2018 Filing 27 DECLARATION re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Apex Data Solutions and Services, LLC, Kyle Murphy of Kyle Murphy in opposition to Plaintiff's Motion for TRO and in Support of Defendants' Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hou, David)
December 27, 2018 Filing 26 MOTION to Dismiss for Lack of Jurisdiction by Apex Data Solutions and Services, LLC, Kyle Murphy.(Hou, David)
December 26, 2018 Filing 25 Corporate Disclosure Statement by Apex Data Solutions and Services, LLC, Kyle Murphy. (Hou, David)
December 26, 2018 Filing 24 NOTICE of Appearance by Terence Lee Robinson, Jr on behalf of Apex Data Solutions and Services, LLC, Kyle Murphy (Robinson, Terence)
December 26, 2018 Filing 23 NOTICE of Appearance by David K. Hou on behalf of Apex Data Solutions and Services, LLC, Kyle Murphy (Hou, David)
December 18, 2018 Filing 22 AFFIDAVIT of Service for Order [ECF NO. 21] on Plaintiff's Motion for Expedited Hearing (ECF NO. 10) and Motion for Expedited Discovery (ECF NO. 11) served on Apex Data Solutions and Services, LLC, at 7135 Linn Lane, Middletown, Ohio 45044 on December 17, 2018, filed by irth Solutions, LLC. (Ganas, Matthew)
December 12, 2018 Opinion or Order Filing 21 ORDER granting in part and denying in part #10 Plaintiff's Motion for Expedited Hearing, and granting in part and denying in part #11 Plaintiff's Motion to Expedite Discovery. As set forth in more detail in the Order, Plaintiff's Motion for a TRO shall be heard on January 8, 2019 at 2:00pm. Defendants shall file any opposition papers by December 27, 2018, and Plaintiff shall file any reply papers by January 3, 2019. Additionally, the request for expedited discovery is denied without prejudice to renew at or following the TRO hearing. The request for a preservation order is granted as set forth in the Order. SO ORDERED. A copy of the Order has been mailed to Defendants at: Apex Data Solutions and Services, LLC5009 Horizons Dr.Columbus, OH 43220 Apex Data Solutions and Services, LLC c/o Don LegUnited States Corporation Agents, Inc.3250 West Market St., Suite 205Fairlawn, OH 44433 Kyle Murphy1942 Montgomery Ave.Cardiff by the Sea, CA 92007-1631 Signed by Hon. Frank P. Geraci, Jr. on 12/12/18. (GMS)
December 10, 2018 Filing 20 AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint (with Exhibit 1 thereto), Plaintiff's Rule 7.1 Corporate Disclosure Statement, Plaintiff's Motion for a Temporary Restraining Order (on Notice) and Preliminary Injunction (with Supporting Documents), Plaintiff's Motion for an Expedited Hearing (with Supporting Documents), and Plaintiff's Motion for Expedited Discovery and a Preservation Order Motion (with Supporting Documents) served on Kyle Murphy on December 7, 2018, filed by irth Solutions, LLC. (Ganas, Matthew)
December 10, 2018 Filing 19 AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint (with Exhibit 1 thereto), Plaintiff's Rule 7.1 Corporate Disclosure Statement, Plaintiff's Motion for a Temporary Restraining Order (on Notice) and Preliminary Injunction (with Supporting Documents), Plaintiff's Motion for an Expedited Hearing (with Supporting Documents), and Plaintiff's Motion for Expedited Discovery and a Preservation Order Motion (with Supporting Documents) served on Apex Data Solutions and Services, LLC (d/b/a DigTix) on December 7, 2018, filed by irth Solutions, LLC. (Ganas, Matthew)
December 7, 2018 Filing 18 SUMMONS Returned Executed by irth Solutions, LLC. Apex Data Solutions and Services, LLC served on 12/7/2018, answer due 12/28/2018. (Ganas, Matthew)
December 7, 2018 Filing 17 DECISION AND ORDER granting #15 Motion for Pro Hac Vice. The application of William L. Bartow to be admitted pro hac vice to this Court is granted for the purpose of representing the Plaintiff in this action. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/7/18. (GMS)
December 7, 2018 Filing 16 DECISION AND ORDER granting #14 Motion for Pro Hac Vice. The application of Brian M. Robinson to be admitted pro hac vice to this Court is granted for the purpose of representing the Plaintiff in this action. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/7/18. (GMS)
December 7, 2018 Remark: Clerk confirmed PA bar admission for Brian M. Robinson and William L. Bartow. (JHF)
December 6, 2018 Filing 15 MOTION to appear pro hac vice (re: William L. Bartow) ( Filing fee $ 150 receipt number 0209-3297842.) by irth Solutions, LLC. (Attachments: #1 Admission Petition Form, #2 Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database Form, #6 Attorney CM/ECF Registration Form, #7 Certificate of Service)(Ganas, Matthew)
December 6, 2018 Filing 14 MOTION to appear pro hac vice (re: Brian M. Robinson) ( Filing fee $ 150 receipt number 0209-3297726.) by irth Solutions, LLC. (Attachments: #1 Admission Petition Form, #2 Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles Oath, #5 Attorney Database Form, #6 Attorney CM/ECF Registration Form, #7 Certificate of Service)(Ganas, Matthew)
December 6, 2018 E-Filing Notification: please note that #13 DECLARATION replaces misfiled #8 DECLARATION. (JHF)
December 6, 2018 Filing 13 DECLARATION signed by Matthew Lantagne re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by irth Solutions, LLC (Corrected) filed by irth Solutions, LLC. (Attachments: #1 Exhibit 1)(Ganas, Matthew)
December 6, 2018 Filing 12 MEMORANDUM in Support re #11 MOTION to Expedite Discovery filed by irth Solutions, LLC. (Ganas, Matthew)
December 6, 2018 Filing 11 MOTION to Expedite Discovery by irth Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Ganas, Matthew)
December 6, 2018 Filing 10 MOTION for expedited hearing re #5 MOTION for Temporary Restraining Order and Preliminary Injunction by irth Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Ganas, Matthew)
December 6, 2018 AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
December 6, 2018 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. (JHF)
December 6, 2018 Filing 9 Summons Issued as to Apex Data Solutions and Services, LLC, Kyle Murphy. (JHF)
December 6, 2018 Case assigned to Hon. Frank P. Geraci, Jr. Notification to chambers of on-line civil case opening. (JHF)
December 6, 2018 Filing 8 DECLARATION signed by Matthew Lantagne re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Irth Solutions, LLC filed by Irth Solutions, LLC. (Attachments: #1 Exhibit 1)(Ganas, Matthew)
December 6, 2018 Filing 7 DECLARATION signed by Robert A. Dreste re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by irth Solutions, LLC filed by irth Solutions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ganas, Matthew)
December 6, 2018 Filing 6 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by irth Solutions, LLC. (Ganas, Matthew)
December 6, 2018 Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by irth Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Ganas, Matthew)
December 6, 2018 Filing 4 NOTICE of Appearance by Matthew Ganas on behalf of irth Solutions, LLC. (Ganas, Matthew)
December 6, 2018 Filing 3 Corporate Disclosure Statement by irth Solutions, LLC. (Ganas, Matthew)
December 6, 2018 Filing 2 CONTINUATION OF EXHIBITS to #1 Complaint, (Exhibit 1). (Ganas, Matthew)
December 6, 2018 Filing 1 COMPLAINT against Apex Data Solutions and Services, LLC, Kyle Murphy ($400 receipt number 0209-3296916), filed by irth Solutions, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons as to Apex Data Solutions and Services, LLC (d/b/a DigTix), #3 Summons as to Kyle Murphy)(Ganas, Matthew) Modified on 12/6/2018 (JHF).

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Plaintiff: irth Solutions, LLC
Represented By: Matthew Ganas
Represented By: Brian M. Robinson
Represented By: William L. Bartow
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Defendant: Apex Data Solutions and Services, LLC
Represented By: David K. Hou
Represented By: Terence Lee Robinson, Jr.
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Defendant: Kyle Murphy
Represented By: David K. Hou
Represented By: Terence Lee Robinson, Jr.
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