Trade Secret Docket Report for October 21, 2021
Docket Report
Trade Secret Report October 21, 2021
Mitigation of Prejudice Surrounding Late Disclosed Expert Witness Through Briefing and Pretrial Depositions Sufficient to Overcome Motion to Strike
Defendant moves to strike the Robins Declaration under Fed. R. Civ. P. 37(c)(1) because he was not previously disclosed as a witness under Fed. R. Civ. P. 26(a). . . . [T]he Court finds that the Woodworker factors weigh in favor of a finding that Plaintiff's failure to disclose Robins as a witness with knowledge of the measures Plaintiff took to protect the confidentiality of its practice exams was substantially justified or harmless. Any prejudice associated with his late disclosure can be remedied by a targeted sur-reply brief and, if necessary, a limited pretrial deposition. Because the Court declines to strike Robins' Declaration under Rule 37(c)(1), Defendant's concomitant motion to strike the attached practice exams for lack of authentication is denied.
Assessment Technologies Institute, LLC. v. Parkes d/b/a Level Up RN, 2-19-cv-02514 (DKS 2021-10-19, Order) (Julie A. Robinson)
 
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United States District Courts
 
2   Cases with new pleadings
16   New orders and notices
 
 
USDC Cases with New Pleadings 2 Result[s]
 
MDGA Rollings Funeral Service, Inc. v. Bryant Funeral Home LLC et al pdf
1-21-cv-00178 October 19, 2021
  ANSWER to 1 Complaint, (), COUNTERCLAIM against All Defendants by HARRY M BRYANT, BRYANT FUNERAL HOME LLC with Jury Demand.(KENRICK, DAVID) (Entered: 10/19/2021)
 
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DMA Findability Sciences, Inc. v. Soft10, Inc. pdf
1-20-cv-12236 October 18, 2021
  ANSWER to 38 Amended Complaint , Amended COUNTERCLAIM against Findability Sciences, Inc. by Soft10, Inc..(Lent, Jonathan) (Entered: 10/18/2021)
 
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USDC New Orders and Notices 16 Result[s]
 
SDCA XpandOrtho, Inc. et al v. Zimmer Biomet Holdings, Inc. et al pdf
3-21-cv-00105 October 19, 2021
  ORDER granting 59 Motion to Stay. Case stayed pending completion of mediation. Signed by Judge Roger T. Benitez on 10/18/2021. (fth) (Entered: 10/19/2021)
 
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NDGA Primus Builders, Inc. v. Pond & Company et al pdf
1-19-cv-04278 October 19, 2021
  STIPULATION of Dismissal With Prejudice by Tony Pitrone, Pond & Company, John Ian Smith. (Thomas, Robert) (Entered: 10/19/2021)
 
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NDIL CZS Holdings, LLC d/b/a Pur360 v. Kolbe et al pdf
1-20-cv-06886 October 19, 2021
  MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 10/19/2021. Pur360's Motion to Dismiss 31 is granted. Kolbe's First Amended Counterclaim is dismissed to the extent it alleges a breach by Pur360 for not giving Kolbe ownership shares in the company, appointing him to an advisory board, elevating him to a regional and/or director level position, or properly paying commissions. Kolbe's counterclaim with respect to the payment of bonuses (which was not challenged by Pur360) survives. See Opinion for further details. Mailed notice(lk, ) (Entered: 10/19/2021)
 
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SDIN Napleton Carmel Imports, LLC et al v. Bob Rohrman Motors, Inc. et al pdf
1-21-cv-01168 October 18, 2021
  CLOSED DISMISSED - The Court acknowledges the Stipulation of Dismissal with Prejudice, dkt. 69 . (Marginal Entry). Signed by Judge James Patrick Hanlon on 10/18/2021. (MAC) (Entered: 10/19/2021)
 
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DKS Assessment Technologies Institute, LLC. v. Parkes d/b/a Level Up RN pdf
2-19-cv-02514 October 19, 2021
  MEMORANDUM AND ORDER denying 330 Defendant's Motion to Set Oral Argument for pending Motions for Summary Judgment; denying 343 Defendant's Motion to Strike Declaration of Lawrence Robins; and denying without prejudice 343 Motion for Leave to file Surreply. See Order for details. Signed by Chief District Judge Julie A. Robinson on 10/19/2021. (kas) (Entered: 10/19/2021)
 
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EDLA United States Environmental Services v. American Pollution Control Corporation et al pdf
2-21-cv-01865 October 19, 2021
  Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: A video Status Conference was held on 10/19/2021. ORDERED: 10 MOTION to Expedite Consideration of Motion for Temporary Restraining Order and Motion for Expedited Discovery is DENIED. The Motion for Temporary Restraining Order and Motion to Expedite Discovery are set for hearing on 11/5/2021 at 10:00 AM via VIDEO CONFERENCE before Magistrate Judge Janis van Meerveld. Deadline is set in document. (ajn) (Entered: 10/19/2021)
 
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DNJ Stryker Corporation et al v. Hagag et al pdf
2-21-cv-12499 October 19, 2021
  RECUSAL ORDER, etc. Case reassigned to Magistrate Judge Cathy L. Waldor for all further pretrial proceedings. Magistrate Judge James B. Clark no longer assigned to case. Signed by Magistrate Judge James B. Clark on 10/19/21. (jc, ) (Entered: 10/19/2021)
 
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NDNY Greenfield v. Mold-Rite Plastics, LLC pdf
8-20-cv-00639 October 19, 2021
  STIPULATION and ORDER of DISMISSAL: Plaintiff BRIAN GREENFIELD and Defendant MOLD-RITE PLASTICS, LLC, by and through their undersigned counsel, and pursuant to Fed. R. Civ. P. 41(a)(l)(A)(ii), hereby stipulate to the settlement and dismissal of the instant lawsuit, with prejudice, with each party to bear its own costs, attorneys' fees and expenses, wherein the Court retains Jurisdiction and Venue over the Parties to enforce the Settlement Agreement. Signed by Judge David N. Hurd on 10/19/2021. (mgh) (Entered: 10/19/2021)
 
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SDNY Town & Country Linen Corp. et al v. Ingenious Designs, LLC et al pdf
1-18-cv-05075 October 19, 2021
  OPINION AND ORDER re: 344 MOTION for Reconsideration filed by TOWN & COUNTRY LINEN CORP., 342 MOTION for Reconsideration filed by INGENIOUS DESIGNS LLC, HSN, INC., HSN, Inc. The motions for reconsideration are DENIED. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 342 and 344. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/19/2021) (vfr) (Entered: 10/19/2021)
 
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SDNY Catalyst Advisors, LP v. Catalyst Advisors Investors Global Inc. et al pdf
1-21-cv-04855 October 18, 2021
  MEMO ENDORSEMENT on 27 denying 26 Letter Motion for Conference re: 26 FIRST LETTER MOTION for Conference to proceed with discovery during pendency of Defendants' motion to dismiss addressed to Judge Katherine Polk Failla from Alex Umansky dated October 12, 2021. ENDORSEMENT: Application DENIED. Plaintiff's request for a conference in advance of filing a motion to proceed with discovery is denied due to the pendency of Defendants' motion to dismiss. The Amended Complaint contains five counts, only one of which asserts a federal question under the Defend Trade Secrets Act ("DTSA"). In their motion to dismiss, Defendants have asked this court to dismiss Plaintiff's DTSA claim and to decline to exercise supplemental jurisdiction over the remaining state law claims pursuant to 28 U.S.C. ยง 1367. Without expressing any opinion as to the merits of these arguments, the possibility exists that the disposition of Defendants' motion to dismiss will preclude discovery in this Court. As such, the Court does not find it appropriate to permit discovery to take place at this time. (Signed by Judge Katherine Polk Failla on 10/18/2021) (rro) (Entered: 10/19/2021)
 
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NDOH American Consolidated Industries, Inc. et al v. Blasingim pdf
1-19-cv-00137 October 19, 2021
  Report of Special Master Regarding Initial Conference with the Parties filed by Stephanie E. Niehaus. (Niehaus, Stephanie) (Entered: 10/19/2021)
 
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NDOH American Consolidated Industries, Inc. et al v. Campbell pdf
1-19-cv-00138 October 19, 2021
  Report of Special Master Regarding Initial Conference with the Parties filed by Stephanie E. Niehaus. (Niehaus, Stephanie) (Entered: 10/19/2021)
 
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NDOH Monarch Steel Company, Inc. v. McCracken et al pdf
5-17-cv-02253 October 19, 2021
  Report of Special Master Regarding Initial Conference with the Parties filed by Stephanie E. Niehaus. (Niehaus, Stephanie) (Entered: 10/19/2021)
 
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EDPA The American Institue For Chartered Property Casualty Underwriters v. Posner et al pdf
2-19-cv-05369 October 19, 2021
  ORDER THAT UPON CONSIDERATION OF PLAINTIFFS EMERGENCY MOTION FOR RECONSIDERATION AND FOR ENTRY OF A PROTECTIVE ORDER, [ECF 99], AND THE PARTIES SUBSEQUENT LETTERS IN RESPONSE THERETO, [ECF 103, 104], IT IS HEREBY ORDERED THAT THE MOTION IS DENIED, AS MOOT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/19/2021.10/19/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/19/2021)
 
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EDTX Robbins Bros. Jewelry, Inc. v. Icebox Diamond & Watches, Inc. et al pdf
4-21-cv-00505 October 19, 2021
  STIPULATION of Dismissal by Robbins Bros. Jewelry, Inc.. (Muller, Kirstin) (Entered: 10/19/2021)
 
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EDVA FiscalNote, Inc. v. Germain et al pdf
1-20-cv-01579 October 19, 2021
  So Ordered re 41 Stipulation of Dismissal filed by FiscalNote, Inc. (see Order for further details). Signed by District Judge Leonie M. Brinkema on 10/19/2021. (swil) (Entered: 10/19/2021)
 
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