New York Southern District Court
Judge:P Kevin Castel
Case #: 1:24-cv-04062
Nature of Suit880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA)
Cause18:1836(a) Injunction against Misappropriation of Trade Secrets
Case Filed:May 28, 2024
Terminated:Oct 02, 2024
Last checked: Sunday Nov 24, 2024 5:11 AM EST
Defendant
Denisse Serrano
Represented By
Kevin Raphael
Fox Rothschild
contact info
Alexander William Bogdan
Fox Rothschild LLP
contact info
Defendant
SkinSpirit Essential, LLC
Represented By
Marci Dee Mitkoff
Gordon Rees Scully Mansukhani LLP
contact info
Plaintiff
Juva Skin & Laser, P.C.
Represented By
Steven Michael Kayman
Rottenberg Lipman Rich, P.C.
contact info
Lauren Rayner Davis
Rottenberg Lipman Rich, P.C.
contact info
Matthew T. Scully
Burr & Forman LLP
contact info


Docket last updated: 04/25/2025 11:59 PM EDT
Wednesday, October 02, 2024
28 28 1 pgs order Order of Dismissal Wed 10/02 12:17 PM
ORDER OF DISMISSAL.... The Court having been advised that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated.To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case.SO ORDERED. (Signed by Judge P. Kevin Castel on 10/2/2024) (vfr)
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Thursday, August 29, 2024
minutes Mediation Conference Tue 09/03 12:38 PM
Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 8/29/2024. Mediation Status due by 9/30/2024. (sni)
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Wednesday, August 28, 2024
26 26 order Stipulation and Order Wed 08/28 4:09 PM
STIPULATED PROTOCOL FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND HARD COPY DOCUMENTS: The parties to the above-referenced action, through their respective counsel of record, hereby stipulate, subject to approval by the Court, to the following protocol for the discovery of electronically stored information and hard copy documents ("ESI Protocol"), AS FURTHER SET FORTH IN THIS ORDER. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/28/2024) (vfr)
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Friday, August 09, 2024
25 25 misc Proposed Stipulation and Order Fri 08/09 1:04 PM
PROPOSED STIPULATION AND ORDER. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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24 24 misc Proposed Protective Order Fri 08/09 1:01 PM
PROPOSED PROTECTIVE ORDER. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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Tuesday, August 06, 2024
adr Notice of Mediator Assignment Tue 08/06 9:16 AM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/5/2024.(sge)
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adr Mediation Conference Scheduled Tue 08/06 9:19 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/29/2024 at 10:00 AM in telephone or video conference.(sge)
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Thursday, August 01, 2024
23 23 order Stipulation and Order Thu 08/01 6:05 PM
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that, on or before August 12, 2024, the parties shall jointly file with the Court a proposed (i) joint confidentiality agreement and protective order ("Protective Order"), and (ii) protocol for the discovery of electronically stored information and hard copy documents ("ESI Protocol"). IT IS FURTHER STIPULATED AND AGREED that (i) Defendant Denisse Serrano ("Serrano") denies and continues to deny that she has violated the terms of her July 1, 2022 Employment Agreement, as further set forth herein. IT IS FURTHER STIPULATED AND AGREED that, on or before August 16, 2024, after conducting a good faith and diligent search for documents, Serrano shall (i) return to Juva any Confidential Information in her possession and control with an accompanying sworn declaration representing that she has conducted a good faith and diligent search and is not aware of any other documents containing Confidential Information to return, and (ii) within five (5) business days following any such return of Confidential Information to Juva, destroy any copies of documents containing Confidential Information in her possession and control, as further set forth herein. IT IS FURTHER STIPULATED AND AGREED that the Court shall immediately refer the parties to a Magistrate Judge and/or this District's mediation program with the parties to work in good faith to schedule a mediation at the earliest possible mutually available date with a mediation session to occur on or before August 30, 2024, unless otherwise agreed by the parties. IT IS FURTHER STIPULATED AND AGREED that, if a mediation is not successful as determined by the applicable mediator, this action shall be stayed in its entirety by the Court pending arbitration and the parties shall arbitrate all claims in Juva's Complaint under the terms of Section 6 of Exhibit B of Serrano's Employment Agreement. IT IS FURTHER STIPULATED AND AGREED that, notwithstanding the parties' agreement to arbitrate claims in Juva's Complaint if mediation is not successful, Juva may seek injunctive relief in this Court and/or under applicable emergency relief arbitration forum rules for any violations of this Stipulation by Defendants. IT IS FURTHER STIPULATED AND AGREED that no provision of this Stipulation shall be construed as a waiver of, and the parties expressly reserve, any and all defenses with the exception of any and all defenses related to service of process which are expressly waived herein. IT IS FURTHER STIPULATED AND AGREED, that facsimile and electronic signatures of this stipulation shall be deemed originals for all purposes. SO STIPULATED AND AGREED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/1/2024) (vfr)
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22 22 order Mediation Referral Order Thu 08/01 6:01 PM
MEDIATION REFERRAL ORDER: It is ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediation is to occur on or before August 30, 2024, location or format to be determined. After the initial mediation session, the Mediator is empowered to conduct such subsequent mediation sessions as the Mediator in his or her discretion chooses to conduct. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/15/2024. (Signed by Judge P. Kevin Castel on 8/1/2024) (vfr)
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21 21 misc Proposed Stipulation and Order Thu 08/01 2:10 PM
PROPOSED STIPULATION AND ORDER. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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Tuesday, July 30, 2024
minutes Pretrial Conference - Initial Tue 07/30 4:07 PM
Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference continued from 7/29/2024, held on 7/30/2024. The parties shall submit the proposed agreement to the Court by 3:00 p.m. on Thursday, August 1, 2024. (Nacanther, Florence)
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Monday, July 29, 2024
20 20 1 pgs order Order for Initial Pretrial Conference Mon 07/29 11:00 AM
ORDER: The Court will hold a continuation of the Initial Conference of July 29, 2024 on July 30, 2024 at 3:00 p.m. The call-in information is: Dial-in: 1-888-363-4749 Access Code: 3667981. The defendants' time to answer the Complaint or otherwise respond is stayed pending the July 30, 2024 conference. SO ORDERED. Initial Conference set for 7/30/2024 at 03:00 PM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 7/29/2024) (vfr)
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minutes Pretrial Conference - Initial Tue 07/30 9:52 AM
Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 7/29/2024. See, Order dated July 29, 2024. Conference continued to 3:00 p.m. on July 30, 2024. (Nacanther, Florence)
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Monday, July 22, 2024
19 19 misc Proposed Case Management Plan Mon 07/22 4:53 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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Friday, July 12, 2024
18 18 notice Notice of Appearance Fri 07/12 3:19 PM
NOTICE OF APPEARANCE by Kevin Raphael on behalf of Denisse Serrano..(Raphael, Kevin)
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17 17 order Order on Motion to Appear Pro Hac Vice Fri 07/12 10:04 AM
ORDER granting16 Motion for Kevin E. Raphael to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Thursday, July 11, 2024
16 16 motion Appear Pro Hac Vice Thu 07/11 12:43 PM
MOTION for Kevin E. Raphael to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Denisse Serrano..(Bogdan, Alexander)
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Att: 1 Affidavit Declaration of Kevin E. Raphael,
Att: 2 Exhibit Exhibit A - Pennsylvania Certificate of Good Standing,
Att: 3 Exhibit Exhibit B - New Jersey Certificate of Good Standing,
Att: 4 Proposed Order Proposed Order
misc Notice Regarding Pro Hac Vice Motion Thu 07/11 12:52 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Kevin E. Raphael to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)
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Monday, July 08, 2024
15 15 notice Notice of Appearance Mon 07/08 3:50 PM
NOTICE OF APPEARANCE by Alexander William Bogdan on behalf of Denisse Serrano..(Bogdan, Alexander)
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Tuesday, June 25, 2024
14 14 order Order on Motion to Appear Pro Hac Vice Tue 06/25 11:08 AM
ORDER granting13 Motion for Matthew Taylor Scully to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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Friday, June 21, 2024
13 13 motion Appear Pro Hac Vice Fri 06/21 12:22 PM
MOTION for Matthew Taylor Scully to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29515299. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Juva Skin & Laser, P.C...(Scully, Matthew)
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Att: 1 Affidavit Affidavit of Matthew T. Scully in Support of Motion for Admission Pro Hac Vice with Certificates off Good Standing,
Att: 2 Proposed Order Proposed Order
misc Notice Regarding Pro Hac Vice Motion Fri 06/21 3:06 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Matthew Taylor Scully to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29515299. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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Tuesday, June 11, 2024
12 12 service Waiver of Service Executed Tue 06/11 5:16 PM
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by SkinSpirit Essential, LLC..(Mitkoff, Marci)
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11 11 notice Notice of Appearance Tue 06/11 5:14 PM
NOTICE OF APPEARANCE by Marci Dee Mitkoff on behalf of SkinSpirit Essential, LLC..(Mitkoff, Marci)
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Monday, June 03, 2024
10 10 2 pgs order Order for Initial Pretrial Conference Mon 06/03 12:50 PM
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/29/2024 at 10:00 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: 1-888-363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/3/2024) (vfr)
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Wednesday, May 29, 2024
9 9 service Waiver of Service Executed Wed 05/29 4:27 PM
WAIVER OF SERVICE RETURNED EXECUTED. Denisse Serrano waiver sent on 5/29/2024, answer due 7/29/2024. Document filed by Juva Skin & Laser, P.C...(Davis, Lauren)
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8 8 misc Civil Cover Sheet Wed 05/29 4:25 PM
CIVIL COVER SHEET filed..(Davis, Lauren)
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7 7 service Summons Issued Wed 05/29 10:57 AM
ELECTRONIC SUMMONS ISSUED as to SkinSpirit Essential, LLC. (sj)
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6 6 service Summons Issued Wed 05/29 10:55 AM
ELECTRONIC SUMMONS ISSUED as to Denisse Serrano. (sj)
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misc Notice to Attorney to Submit/File Civil Cover Sheet Wed 05/29 10:48 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Steven Michael Kayman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
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notice Case Opening Initial Assignment Notice Wed 05/29 10:51 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(sj)
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utility Case Designation Wed 05/29 10:51 AM
Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sj)
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utility Case Designated ECF Wed 05/29 10:52 AM
Case Designated ECF. (sj)
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Tuesday, May 28, 2024
5 5 notice Notice of Appearance Tue 05/28 2:13 PM
NOTICE OF APPEARANCE by Lauren Rayner Davis on behalf of Juva Skin & Laser, P.C...(Davis, Lauren)
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4 4 misc Rule 7.1 Corporate Disclosure Statement Tue 05/28 2:10 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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3 3 service Request for Issuance of Summons Tue 05/28 2:08 PM
REQUEST FOR ISSUANCE OF SUMMONS as to SkinSpirit Essential, LLC, re:1 Complaint,. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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2 2 service Request for Issuance of Summons Tue 05/28 2:07 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Denisse Serrano, re:1 Complaint,. Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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1 1 21 pgs cmp Complaint Tue 05/28 2:00 PM
COMPLAINT against Denisse Serrano, SkinSpirit Essential, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29406667)Document filed by Juva Skin & Laser, P.C...(Kayman, Steven)
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Att: 1 Exhibit Ex. 1 - Juva Skin and D. Serrano Employment Agreement, dated July 12, 2022