Partech, Inc. v. Jackson et al

New York Southern District Court
Judge:Jeannette A Vargas
Case #: 1:24-cv-09381
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1441nr Notice of Removal
Case Filed:Dec 10, 2024
Last checked: Tuesday Dec 10, 2024 8:04 AM EST
Defendant
Michael Jackson
Represented By
Philip M. Bowman
Cooley LLP
contact info
Defendant
Qu Pos, Inc.
Represented By
Philip M. Bowman
Cooley LLP
contact info
Plaintiff
Partech, Inc.


Docket last updated: 12/20/2024 11:59 PM EST
Friday, December 20, 2024
21 21 order Order on Motion for Extension of Time Fri 12/20 4:39 PM
ORDER granting19 Letter Motion for Extension of Time. The Show Cause Hearing scheduled for December 23, 2024, is adjourned to January 13, 2025 at 11 A.M. The deadline for Defendants to answer or otherwise respond to the Complaint is hereby EXTENDED, to February 13, 2025. The injunctive relief granted in the Court's December 10, 2024 Order is hereby EXTENDED until January 13, 2025. The Clerk of Court is directed to terminate ECF No. 19. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 12/20/2024) (sgz)
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20 20 respm Response to Motion Fri 12/20 11:50 AM
LETTER RESPONSE to Motion addressed to Judge Jeannette A. Vargas from Mitchell A. Karlan dated December 20, 2024 re:19 LETTER MOTION for Extension of Time -Defendants' Unopposed Letter-Motion for Adjournment of Show Cause Hearing & Extension of Time to Answer or Otherwise Respond to Complaint addressed to Judge Jeannette A. Vargas from Philip Bowman date . Document filed by Partech, Inc...(Karlan, Mitchell)
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utility Set/Reset Hearings Set/Reset Deadlines Fri 12/20 4:40 PM
Set/Reset Hearings:( Show Cause Hearing set for 1/13/2025 at 11:00 AM before Judge Jeannette A. Vargas.), Set/Reset Deadlines: Michael Jackson answer due 2/13/2025; Qu Pos, Inc. answer due 2/13/2025. (sgz)
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Thursday, December 19, 2024
19 19 motion Extension of Time Thu 12/19 7:10 PM
LETTER MOTION for Extension of Time -Defendants' Unopposed Letter-Motion for Adjournment of Show Cause Hearing & Extension of Time to Answer or Otherwise Respond to Complaint addressed to Judge Jeannette A. Vargas from Philip Bowman dated December 19, 2024. Document filed by Michael Jackson, Qu Pos, Inc...(Bowman, Philip)
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Monday, December 16, 2024
18 18 notice Notice (Other) Mon 12/16 5:27 PM
NOTICE of of Certificate of Service re Notice of Pretrial Conference and Individual Rules and Practices in Civil Cases. Document filed by Michael Jackson, Qu Pos, Inc...(Bowman, Philip)
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17 17 2 pgs order Order on Motion to Seal Mon 12/16 2:22 PM
ORDER denying11 Letter Motion to Seal. In light of the foregoing and the fact that the parties have not met and conferred to narrow the scope of the request, PAR's request is DENIED, and PAR is directed to re-examine the Affirmation for portions that can be unsealed. PAR is granted until December 23, 2024, to file the document with its proposed redactions in accordance with the Court's Individual Rules regarding redacted documents. If PAR does not make a submission by that date, the Affirmation will be unsealed without further notice to the parties. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 12/16/2024) (sgz)
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Friday, December 13, 2024
16 16 3 pgs order Order for Initial Pretrial Conference Fri 12/13 4:49 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an initial pretrial conference with the Court on February 24, 2025, at 11:00am. The conference will be held in Courtroom 14C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Initial Conference set for 2/24/2025 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas. (Signed by Judge Jeannette A. Vargas on 12/13/2024) (sgz)
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Wednesday, December 11, 2024
15 15 respoth Objection (non-motion) Wed 12/11 11:24 AM
Objection re:8 Proposed Order to Show Cause With Emergency Relief . Document filed by Michael Jackson, Qu Pos, Inc...(Bowman, Philip)
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Att: 1 Exhibit A - Email re: Proposed Standstill Agreement,
Att: 2 Exhibit B - Email re: ParTech Notice Letter
minutes Status Conference ~Util - Set Hearings Wed 12/11 4:13 PM
Minute Entry for proceedings held before Judge Jeannette A. Vargas: Conference held on 12/11/2024, Mitchell Karlan and Adam Jantzi present for Plaintiff, Philip Bowman present for Defendant. Show Cause Hearing adjourned until December 23, 2024, at 10:00 a.m. via Microsoft TEAMS (Meeting ID: 231 997 383 183 Passcode: ho7Lq7Fm) Provisions in the Court's Order of December 10, 2024 (ECF No. 14) to remain in effect until the December 23, 2024 hearing (Show Cause Hearing set for 12/23/2024 at 10:00 AM before Judge Jeannette A. Vargas.). (Court Reporter Khris Sellin) (nmo)
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Tuesday, December 10, 2024
14 14 2 pgs order Order to Show Cause Tue 12/10 6:13 PM
ORDER ORDERED that Defendants Michael Jackson and Qu POS Inc. ("Qu"), or their respective attorneys, show cause before this Court, in front of the Honorable Jeannette A. Vargas, District Judge, United States District Court for the Southern District of New York, on December 10, 2024, via Microsoft Teams (Meeting ID - 231 997 383 183; password - ho7Lq7Fm) and show cause as to why an order should not be issued preliminarily enjoining Defendants, and their respective agents, officers, employees, subcontractors, successors, assigns, all persons over whom they exercise control, and all persons acting in concert with them or on their behalf, from (i) using or disclosing any of PAR's confidential information and trade secrets during the pendency of this Action; (ii) compelling Defendants to certify in writing the identities of all persons or entities to whom PAR's information was sent or communicated; (iii) compelling defendants to permit PAR to inspect the devices that were used to download and/or store PAR's confidential information and trade secrets; (iv) compelling defendants to submit to a forensic inspection, to be conducted by a third-party under the supervision of PAR, of their respective devices and systems to determine whether they contain PAR's confidential information and trade secrets; and it is further ORDERED that, pending the hearing and determination of this application, Defendant Jackson, and his agents, successors, assigns, and all persons over whom he exercises control, and all persons acting in concert with him or on his behalf, are hereby temporarily restrained and ordered to: (a) refrain from using or disclosing any of PAR's confidential information and trade secrets; and (b) altering, deleting, disposing of, or giving away any of the information taken from PAR or the devices used to take information from PAR; and it is further ORDERED that, pending the hearing and determination of this application, Defendant Qu, and its agents, officers, employees, subcontractors, successors, assigns, all persons over whom they exercise control, and all persons acting in concert with them or on their behalf, are hereby temporarily restrained and ordered to: (a) refrain from using, disclosing, or disseminating any of PAR's confidential information and trade secrets during the pendency of this Action; and (b)altering, deleting, disposing of, or giving away any of the information taken from PAR or the devices used to take information from PAR. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 12/10/2024) (jca)
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13 13 notice Notice (Other) Tue 12/10 5:12 PM
NOTICE of of Proof of Service re: Notice of Filing of Removal of Action. Document filed by Michael Jackson, Qu Pos, Inc...(Bowman, Philip)
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Att: 1 Exhibit Notice of Removal - Part 1,
Att: 2 Exhibit Notice of Removal - Part 2,
Att: 3 Errata Notice of Removal - Part 3
12 12 respoth Affirmation in Support (non-motion) Tue 12/10 3:07 PM
***SELECTED PARTIES***AFFIRMATION of Oliver Ostertag in Support re:8 Proposed Order to Show Cause With Emergency Relief. Document filed by Partech, Inc., Michael Jackson, Qu Pos, Inc.. Motion or Order to File Under Seal:11 .(Karlan, Mitchell)
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11 11 motion Seal Tue 12/10 2:58 PM
LETTER MOTION to Seal the Affrmation of Oliver Ostertag in Support of the Order to Show Cause for a Temporary Restraining Order addressed to Judge Jeannette A. Vargas from Mitchell A. Karlan dated December 10, 2024. Document filed by Partech, Inc...(Karlan, Mitchell)
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10 10 respoth Declaration in Support (non-motion) Tue 12/10 2:14 PM
DECLARATION of MITCHELL A. KARLAN in Support re:8 Proposed Order to Show Cause With Emergency Relief. Document filed by Partech, Inc...(Karlan, Mitchell)
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Att: 1 Exhibit 1 - Offer of Employment
9 9 13 pgs respoth Memorandum of Law in Support (non-motion) Tue 12/10 2:07 PM
MEMORANDUM OF LAW in Support re:8 Proposed Order to Show Cause With Emergency Relief MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER . Document filed by Partech, Inc...(Karlan, Mitchell)
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8 8 misc Proposed Order to Show Cause With Emergency Relief Tue 12/10 2:03 PM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Partech, Inc.. Related Document Number:1 ..(Karlan, Mitchell)
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7 7 misc Rule 7.1 Corporate Disclosure Statement Tue 12/10 1:55 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PAR Technology Corporation for Partech, Inc.. Document filed by Partech, Inc...(Karlan, Mitchell)
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6 6 notice Notice of Appearance Tue 12/10 1:52 PM
NOTICE OF APPEARANCE by Mitchell Alan Karlan on behalf of Partech, Inc...(Karlan, Mitchell)
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5 5 notice Notice of Appearance Tue 12/10 1:44 PM
NOTICE OF APPEARANCE by Adam John Jantzi on behalf of Partech, Inc...(Jantzi, Adam)
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4 4 misc Rule 7.1 Corporate Disclosure Statement Tue 12/10 12:48 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Qu Pos, Inc...(Bowman, Philip)
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3 3 notice Notice of Appearance Tue 12/10 12:47 AM
NOTICE OF APPEARANCE by Philip M. Bowman on behalf of Michael Jackson, Qu Pos, Inc...(Bowman, Philip)
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2 2 misc Civil Cover Sheet Tue 12/10 12:45 AM
CIVIL COVER SHEET filed..(Bowman, Philip)
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1 1 notice Notice of Removal Tue 12/10 12:43 AM
NOTICE OF REMOVAL from Supreme Court in the State of New York, County of New York. Case Number: 659482/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-30304842).Document filed by Qu Pos, Inc., Michael Jackson..(Bowman, Philip)
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Att: 1 Exhibit A (Part 1) - Process, Pleadings, and Orders,
Att: 2 Exhibit A (Part 2) - Process, Pleadings, and Orders,
Att: 3 Exhibit A (Part 3) - Process, Pleadings, and Orders
misc Notice to Attorney Regarding Case Opening Statistical Error Correction Tue 12/10 2:09 PM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip M. Bowman. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 Related [+];. (jgo)
Related: [-] moval from State Court
notice Case Opening Initial Assignment Notice Tue 12/10 2:10 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jeannette A. Vargas. 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] ..(jgo)
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utility Case Designation Tue 12/10 2:11 PM
Magistrate Judge Ona T. Wang 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] . (jgo)
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utility Case Designated ECF Tue 12/10 2:12 PM
Case Designated ECF. (jgo)
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misc Notice to Court Regarding Proposed Order Tue 12/10 2:36 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 8 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)
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notice Notice of Hearing Tue 12/10 7:20 PM
NOTICE of Hearing: Show Cause Hearing set for 12/11/2024 at 03:30 PM via Microsoft Teams before Judge Jeannette A. Vargas. Refer to docket entry 14 for meeting ID and passcode information. (nmo)
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