IME WatchDog, Inc. v. Gelardi et al
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | James R Cho |
| Case #: | 1:22-cv-01032 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(a) - Injunction against Misappropriation of Trade Secrets |
| Case Filed: | Feb 25, 2022 |
| Last checked: Saturday Aug 27, 2022 6:33 AM EDT |
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Counter Claimant
Carlos Roa
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Represented By
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Counter Defendant
Safa Abdulrahim Gelardi
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Represented By
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Counter Defendant
Vito Gelardi
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Represented By
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Counter Defendant
IME Companions LLC
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Represented By
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Defendant
IME Companions LLC
9207 245th Street
Floral Park, NY 11001 |
Represented By
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Defendant
Vito Gelardi
148 Claypit Road
Staten Island, NY 10309 |
Represented By
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Defendant
Safa Abdulrahim Gelardi
148 Claypit Road
Staten Island, NY 10309 |
Represented By
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Plaintiff
IME WatchDog, Inc.
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Represented By
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ThirdParty Defendant
Carlos Roa
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Represented By
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ThirdParty Plaintiff
Safa Abdulrahim Gelardi
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Represented By
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ThirdParty Plaintiff
IME Companions LLC
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Represented By
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| TERMINATED PARTIES | |
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Counter Claimant
Vito Gelardi
Terminated: 06/17/2022
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Represented By
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Counter Claimant
IME Companions LLC
Terminated: 06/17/2022
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Represented By
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Counter Claimant
Safa Abdulrahim Gelardi
Terminated: 06/17/2022
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Represented By
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Counter Defendant
IME WatchDog, Inc.
Terminated: 06/17/2022
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ThirdParty Defendant
Daniella Levi
Terminated: 06/17/2022
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Represented By
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ThirdParty Plaintiff
Vito Gelardi
Terminated: 06/17/2022
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Represented By
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GPO
May 13 2022
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's 6 motion for preliminary injunction is granted in part and denied in part. The Court attaches the Preliminary Injunction Order, which sets forth the specific terms of the injunction, to this Memorandum and Order. The case is respectfully referred to the Honorable James R. Cho for pretrial supervision. Ordered by Judge Pamela K. Chen on 5/13/2022. (Attachments: # (1) Preliminary Injunction Order) (Mahkamova, Shirin) |
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GPO
Jun 28 2022
ORDER: For the reasons stated in the attached Memorandum and Order, the Court denies Plaintiff's 67 motion to reconsider the preliminary injunction and Defendants' 73 request to require Plaintiff to identify its current clients. Ordered by Judge Pamela K. Chen on 6/28/2022. (Mahkamova, Shirin) |
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GPO
Nov 02 2022
ORDER: For the reasons explained in the attached Memorandum & Order, Plaintiff's 85 motion for attorney's fees pursuant to 18 U.S.C. § 1836(b)(3)(D) is denied without prejudice. Ordered by Judge Pamela K. Chen on 11/2/2022. (LC) |
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GPO
Jul 13 2023
ORDER: The Court denies Plaintiff's 196 Motion for Contempt for the reasons explained in the attached Memorandum & Order. The parties are directed to appear for an evidentiary hearing regarding Plaintiff's newly alleged evidence of contempt on 8/22/2023 at 2:00 PM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 7/13/2023. (LC) |
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GPO
Oct 20 2023
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's 151 motion is granted in part and denied in part. The Court grants Plaintiff's request for a second preliminary injunction. The Court attaches the Second Amended Preliminary Injunction Order, which sets forth the specific terms of the injunction, to this Memorandum and Order. Moreover, although the Court is prepared to find Defendant Safa Gelardi in civil contempt of the 80 Amended Injunction and the 156 March 2023 Temporary Restraining Order, the Court reserves on making a final ruling and imposing sanctions until Plaintiff submits supplemental briefing regarding its compensatory damages, including attorneys' fees for the March 27, 2023 contempt proceedings. Plaintiff's supplemental brief setting forth the specific amounts of attorneys' fees and compensatory damages they believe they are owed as a result of Defendants' contact with Carlos Roa and the creation of Client Exam Services is due sixty (60) days from the date of this Order. Defendants will be permitted thirty (30) days to respond, if they choose.Finally, the Court denies Plaintiff's requests for a temporary restraining order and permanent injunction. Ordered by Judge Pamela K. Chen on 10/20/2023. (Attachments: # (1) Second Amended Preliminary Injunction Order, # (2) Exhibit A) (HMM) |
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GPO
Feb 29 2024
ORDER: For the reasons stated in the attached Memorandum and Order, Plaintiff's 270 Motion for Attachment is granted in part and denied in part, and Plaintiff's 278 Motion for a Temporary Restraining Order ("TRO") is denied as moot. Pursuant to CPLR § 6201(3), the Court orders attachment of the net proceeds from the Individual Defendants' sale of the Staten Island Property. Within fourteen (14) days of the closing and no later than March 15, 2024, the Individual Defendants are directed to file: (1) proof that the net proceeds from the sale were deposited in the escrow account of their attorneys in this matter; (2) an accounting of all funds disbursed as part of the sale, including all closing costs. Plaintiff is directed to post an undertaking in accordance with CPLR § 6212(b) in the sum of $920 within fourteen (14) days of this order. Ordered by Judge Pamela K. Chen on 2/29/2024. (HMM) |
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GPO
Sep 25 2024
ORDER: For the reasons explained in the attached Memorandum and Order, the Court awards Plaintiff $47,321.63 in attorneys' fees and $11,036.60 in costs in connection with their contempt motion. The Court also awards Carlos Roa $6,890 in attorneys' fees and $1,209.11 in costs in connection with the contempt motion and Defendants' violation of the preliminary injunction. Defendants shall pay the awarded attorneys' fees and costs to Plaintiff and Roa, respectively, by November 25, 2024. Proof of payment shall be filed within one week of payment. Defendants are warned that the failure to timely pay the full amounts could result in further contempt sanctions and/or the imposition of interest. Ordered by Judge Pamela K. Chen on 9/25/2024. (MLB) |
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GPO
Sep 30 2024
MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, the 259 motion to dismiss, filed by Defendants Gregory Elefterakis, Roman Pollak, and Anthony Bridda (the "Former Owner Defendants"), is granted in part and denied in part. The Court dismisses Plaintiff's unfair competition, tortious interference with contract, unjust enrichment, and conversion claims as to the Former Owner Defendants. The Court denies the Former Owner Defendants' motion to strike.The 240 motion to dismiss, filed by Safa Gelardi and IME Companions, LLC, is denied. Finally, Plaintiff's 244 motion to amend is denied. Ordered by Judge Pamela K. Chen on 9/30/2024. (HMM) |
| Docket last updated: 04/24/2025 11:59 PM EDT |
| Wednesday, April 23, 2025 | ||
| 470 | 470
respm
Reply to Response to Motion
Wed 04/23 3:15 PM
REPLY to Response to Motion re464 MOTION for Order to Show Cause filed by Safa Abdulrahim Gelardi, Vito Gelardi. (Warner, Jonathon) |
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| Tuesday, April 22, 2025 | ||
| 469 | 469
respm
Affidavit/Declaration in Opposition to Motion
Tue 04/22 2:27 PM
AFFIDAVIT/DECLARATION in Opposition re464 MOTION for Order to Show Cause of Daniella Levi, Esq. filed by IME WatchDog, Inc.. (Kataev, Emanuel) |
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Att: 1
Exhibit A - threatening text message
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| 468 | 468
7
pgs
respoth
Memorandum in Opposition
Tue 04/22 2:18 PM
MEMORANDUM in Opposition re464 MOTION for Order to Show Cause filed by IME WatchDog, Inc.. (Kataev, Emanuel) |
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| 467 | 467
misc
Declaration
Tue 04/22 1:43 PM
DECLARATION re464 MOTION for Order to Show Cause by Safa Abdulrahim Gelardi, Vito Gelardi (Warner, Jonathon) |
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order
Order on Motion for Extension of Time to File
Tue 04/22 2:45 PM
ORDER granting in part and denying in part466 Motion for Extension of Time to File. The Court extends the deadline for the parties to file a joint status report regarding the status of party discovery to 5/21/2025 . Ordered by Magistrate Judge James R. Cho on 4/22/2025. (JDP) |
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| Sunday, April 20, 2025 | ||
| 466 | 466
motion
Extension of Time to File Document
Sun 04/20 3:28 PM
Letter MOTION for Extension of Time to File joint status report on discovery as required by this Court's Order dated March 24, 2025 by IME WatchDog, Inc.. (Kataev, Emanuel) |
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| Friday, April 18, 2025 | ||
| 465 | 465
misc
Declaration
Fri 04/18 1:44 PM
DECLARATION re Order, of service in accordance with this Court's April 18, 2025 Order by IME WatchDog, Inc. (Kataev, Emanuel) |
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order
Order on Motion for Contempt
Fri 04/18 11:18 AM
ORDER: The Court is in receipt of Plaintiff's456 Letter Motion for Contempt, which is denied. First, Plaintiff's grievance in the letter motion, that Defendants, Liddie, and IMELR purportedly did not comply with the deadlines set forth in the [448-1] Third Amended Injunction, is now moot because the Court has since extended the deadlines for Defendants, Liddie, and IMELR to comply with those deadlines. (4/16/2025 Docket Order.) Second, the letter motion - filed at 11:58 PM on the same day Plaintiff contends that Defendants, Liddie, and IMELR did not comply with a deadline - was prematurely filed. Third, as the Court has previously stated, it "will not accept letter motions from the parties outside of" the categories specified in Local Rule 7.1(d), "which clarifies that only '[a]pplications for extensions or adjournments, applications for a pre-motion conference, and similar non-dispositive matters may be brought by letter-motion.'" (8/27/2024 Docket Order.) Despite this warning and numerous others specifically directed at Plaintiff that it is required both to comply with all applicable procedural rules and to cease bringing dispositive motions via letter motion, Plaintiff has once again brought a dispositive motion via letter motion. ( See 4/19/2024 Docket Order (denying Plaintiff's motions for failure to comply with the Federal Rules of Civil Procedure); 4/25/2024 Docket Order (reminding Plaintiff that "a contempt motion should not be made in a letter that does not comply with Local Civil Rule 83.6"); 6/14/2024 Docket Order (denying Plaintiff's motion for failure to comply with the Federal Rules of Civil Procedure); 8/27/2024 Docket Order (denying Plaintiff's motion and noting that "[t]he Court has repeatedly reminded Plaintiff that its filings must comply with the Federal Rules of Civil Procedure, E.D.N.Y.'s Local Rules, and this Court's Individual Rules"); 11/27/2024 Docket Order (denying Plaintiff's motion for failure to comply with Local Rule 7.1(d)).) The Court again notes that "Plaintiff's conduct has, at times throughout this litigation, exceeded the bounds of zealous advocacy." (6/8/2022 Docket Order.) And the Court now warns Plaintiff that, should it continue to bring excessive, unmerited, and procedurally improper letter motions or motions, the Court may exercise its discretion to institute a filing injunction against Plaintiff. See Lindsay v. Preuss , No. 21-CV-11006 (PAE) (KHP), 2023 WL 3998056, at *6 (S.D.N.Y. Apr. 25, 2023) ("Judges may, in their discretion, institute filing injunctions in an attempt to manage the docket and prevent vexatious or frivolous filings."), report and recommendation adopted , 2023 WL 3996865 (S.D.N.Y. June 14, 2023). Ordered by Judge Pamela K. Chen on 4/18/2025. (JJB) |
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order
Scheduling Order
Fri 04/18 12:31 PM
SCHEDULING ORDER: Hearing on motion [463, 464] to withdraw as counsel for defendants Safa Gelardi, Vito Gelardi and IME Companions LLC (collectively, "defendants") scheduled for 4/25/2025 at 3:00 p.m. (New York time) before Magistrate Judge James R. Cho by Zoom. The Court will email the Zoom conference information to counsel. To access this conference telephonically, please dial 646 828 7666; Meeting ID 161 871 9496; Passcode 432733. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Jonathon D. Warner, defendants Safa Gelardi, Vito Gelardi, and plaintiff's counsel shall participate in the conference. By 4/22/2025, Mr. Warner shall serve a copy of this Order on defendants and file proof of service on ECF. Ordered by Magistrate Judge James R. Cho on 4/18/2025. (SGC) |
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order
Order(Other)
Fri 04/18 12:59 PM
ORDER: The Court grants the motion458 by Eugene Liddie (Liddie) and IME LegalReps (IMELR) for an extension of time of the Court's 4/8/2025 Order until 4/25/2025 to provide plaintiffs with a declaration confirming that no other bank accounts exist and supplementing the sales summary previously provided. By 4/22/2025, plaintiff shall serve IMELR with a copy of this Order and file proof of service on ECF. Ordered by Magistrate Judge James R. Cho on 4/18/2025. (SGC) |
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| Thursday, April 17, 2025 | ||
| 464 | 464
motion
Show Cause
Thu 04/17 5:59 PM
MOTION for Order to Show Cause by Safa Abdulrahim Gelardi, Vito Gelardi, IME Companions LLC. (Warner, Jonathon) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 463 | 463
motion
Show Cause
Thu 04/17 5:52 PM
MOTION for Order to Show Cause by Safa Abdulrahim Gelardi, Vito Gelardi, IME Companions LLC. (Warner, Jonathon) |
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| Wednesday, April 16, 2025 | ||
| 462 | 462
motion
Extension of Time to File Response/Reply
Wed 04/16 4:37 PM
MOTION for Extension of Time to File Response/Reply as to459 MOTION for Extension of Time to File Response/Reply as to Show Cause Hearing,,,,,,,,,,,, by Safa Abdulrahim Gelardi. (Warner, Jonathon) |
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| 461 | 461
service
Certificate of Service
Wed 04/16 4:21 PM
CERTIFICATE OF SERVICE by IME WatchDog, Inc. re Order on Motion for Discovery,,,, Order to Show Cause,,, (Felsen, Jamie) |
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| 460 | 460
motion
Withdraw as Attorney
Wed 04/16 2:32 PM
MOTION to Withdraw as Attorney by Safa Abdulrahim Gelardi, Vito Gelardi, IME Companions LLC. (Koutsoudakis, Andreas) |
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order
Order on Motion for Discovery Order to Show Cause
Wed 04/16 2:13 PM
ORDER TO SHOW CAUSE: The Court grants in part plaintiff's discovery motion (Dkt. 457). Non-parties Christian Hogarth, Fari Gutierrez, Lizbeth Medina, Mark Purficati, and Sara Gonzalez (collectively, the "non-parties") are Ordered To Show Cause by 5/5/2025 as to why the Court should not find them in contempt for failure to comply with the Court's 3/24/2025 Order that the non-parties respond to plaintiff's subpoenas by 4/14/2025. See 3/24/2025 Order requiring non-parties to respond to plaintiff's subpoenas by 4/14/2025. As the non-parties have not appeared in this matter, by 4/21/2025, plaintiff's counsel shall serve the non-parties with a copy of (1) this Order, (2) the at-issue subpoenas, and (3) the Court's Order dated 3/24/2025 requiring the non-parties to respond to plaintiff's subpoenas by 4/14/2025, and file proof of service on ECF. Ordered by Magistrate Judge James R. Cho on 4/16/2025. (SGC) |
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order
Order on Motion to Withdraw as Attorney
Wed 04/16 3:24 PM
ORDER granting460 Motion to Withdraw as Attorney. Attorney Andreas Koutsoudakis terminated. Ordered by Magistrate Judge James R. Cho on 4/16/2025. (SGC) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 04/16 5:34 PM
ORDER: The Court is in receipt of Plaintiff's455 Letter containing proposed Public Website Notice, non-parties Eugene Liddie ("Liddie") and IME Legal Representatives' ("IMELR")458 second motion for extension of time, Defendants'459 motion for extension of time, and Defendants'462 second motion for extension of time. By 5 pm ET on Tuesday, April 29, 2025, Defendants and non-parties Liddie and IMELR must (1) file any objections to the proposed Public Website Notice and to Plaintiff's 450 Letter and Court-Authorized Notice, and (2) comply with the Third Amended Preliminary Injunction's [448-1] requirements to submit (a) a list of all customers served since March 10, 2023, and (b) all website domain names they own and/or operate in connection with the independent medical examination business. Last, by the same date and time, Liddie and IMELR must respond to Plaintiff's 449 motion for pre-motion conference. No further extensions requests will be granted to Defendants. Failure to comply risks additional sanctions. The Court defers to the Honorable James R. Cho, Magistrate Judge, regarding Liddie and IMELR's request to extend the deadline to respond to any discovery requests pursuant to the 4/8/2025 Scheduling Order. Ordered by Judge Pamela K. Chen on 4/16/2025. (JJB) |
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