Gibraltar Metals LLC v. Next Generation Metals, Inc. et al

Plaintiff: Gibraltar Metals LLC
Defendant: Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman, Steven Peritzman and Adele Peritzman
Counter Claimants: Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman and Daniel Peritzman
Counter Defendant: Gibraltar Metals LLC
 
Case Number: 9:2008cv80051
Filed: January 22, 2008
 
Court: Florida Southern District Court
Office: West Palm Beach Office [ Court Info ]
County: Palm Beach
Presiding Judge: Judge Daniel T. K. Hurley
Referring Judge: Magistrate Judge James M. Hopkins
 
Nature of Suit: Other Statutes - Other Statutory Actions
Cause: Computer Fraud and Abuse Act
Jurisdiction: Federal Question
Jury Demanded By: None
Date Filed # Docket Text
January 22, 2008 1 VERIFIED COMPLAINT against all defendants Filing fee $ 350. Receipt#: 723646, filed by Gibraltar Metals LLC.(dj) (Entered: January 22, 2008)
January 22, 2008 2 EMERGENCY VERIFIED MOTION for Entry of Ex Parte Temporary Restraining Order, Seizure Order, Preliminary Injunction and request for a preliminary injunction hearing by Gibraltar Metals LLC. Responses due by 2/5/2008 (dj) (Entered: January 22, 2008)
January 22, 2008 3 MEMORANDUM in Support re 2 Emergency Verified MOTION for Entry of Ex Parte Temporary Restraining Order, Seizure Order, Preliminary Injunction and request for a preliminary injunction hearing filed by Gibraltar Metals LLC. (dj) (Entered: January 22, 2008)
January 22, 2008 4 Summons Issued as to Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (dj) (Entered: January 22, 2008)
January 24, 2008 5 ORDER denying 2 Emergency Motion for Temporary Restraining Order, denying 2 Motion for Preliminary Injunction.Signed by Judge Daniel T. K. Hurley on 1/24/08. (lr) (Entered: January 24, 2008)
January 29, 2008 6 RENEWED EMERGENCY MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION seizure order, MOTION for Preliminary injunction Hearing by Gibraltar Metals LLC. (tb) (Entered: January 30, 2008)
January 29, 2008 7 MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing filed by Gibraltar Metals LLC. (tb) (Entered: January 30, 2008)
January 29, 2008 8 NOTICE of filing surety bond in support of ex-parte temporary restraning order and seizure order and power of attorney by Gibraltar Metals LLC (tb) (Entered: January 30, 2008)
January 29, 2008 9 NOTICE of filing original bond by Gibraltar Metals LLC (tb) (Entered: January 30, 2008)
January 30, 2008 10 NOTICE by Gibraltar Metals LLC re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing (Page, John) (Entered: January 30, 2008)
January 30, 2008 11 ORDER granting 6 Motion for Temporary Restraining Order & referral of motion for preliminary injunction to Magistrate Judge Hopkins.Signed by Judge Daniel T. K. Hurley on 1/30/08. (lr) (Entered: January 30, 2008)
January 31, 2008 12 ORDER Compelling Plaintiff to Serve Defendants and File Amended Certificate of Service.Signed by Magistrate Judge James M. Hopkins on 1/31/08.(lw) (Entered: January 31, 2008)
January 31, 2008 13 AFFIDAVIT of Service for Summons, Verified Complaint, Renewed Emergency Motion DE #6, Memorandum (DE #7),Temporary Restraiing Order (DE #11) served on Next Generation Metals, LLC, Steven Peritzman, & Adel Peritzman on 1/30/2008, filed by Gibraltar Metals LLC., SUMMONS Returned Executed by Gibraltar Metals LLC. Steven Peritzman served on 1/30/2008, answer due 2/19/2008; Adele Peritzman served on 1/30/2008, answer due 2/19/2008; Next Generation Metals, Inc. served on 1/30/2008, answer due 2/19/2008. (Page, John) (Entered: January 31, 2008)
January 31, 2008 14 CERTIFICATE OF SERVICE by Gibraltar Metals LLC re 11 Order on Motion for Temporary Restraining Order, 12 Order, 10 Notice (Other), 4 Summons Issued, 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing, 7 Memorandum in Support, 1 Complaint (Page, John) (Entered: January 31, 2008)
January 31, 2008 15 Emergency MOTION to Continue Personal Service Deadline aas to Jarret and Daniel Peritzman by Gibraltar Metals LLC. Responses due by 2/14/2008 (Attachments: # 1 Exhibit # 2 Exhibit)(Page, John) (Entered: January 31, 2008)
January 31, 2008 16 NOTICE by Gibraltar Metals LLC re 15 Emergency MOTION to Continue Personal Service Deadline aas to Jarret and Daniel Peritzman (Page, John) (Entered: January 31, 2008)
February 1, 2008 17 NOTICE of Attorney Appearance by Greg Howard Rosenthal on behalf of Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman (Rosenthal, Greg) (Entered: February 1, 2008)
February 1, 2008 18 ENDORSED ORDER denying as moot 15 Motion to Continue Deadline. The motion is denied as moot. Signed by Judge Daniel T. K. Hurley on 2/1/08. (lc2) (Entered: February 1, 2008)
February 1, 2008 19 ORDER Setting Evidentiary Hearing on Plaintiff's 6 MOTION for Preliminary Injunction: Motion Hearing set for Thursday, 2/7/2008 at 10:00 AM, Courtroom 6, in West Palm Beach Division before Magistrate Judge James M. Hopkins. (Please see Order for details).(lw) (Entered: February 1, 2008)
February 4, 2008 20 NOTICE of Instruction to Filer: re 13 Affidavit of Service,,, Summons Returned Executed,, filed by Gibraltar Metals LLC, ERROR: Proof of Service is NOT attached; Instruction to Filer: File a Notice of Striking Docket Entry and Refile the Document correctly. (gp) (Entered: February 4, 2008)
February 5, 2008 21 NOTICE of Striking 13 Affidavit of Service,,, Summons Returned Executed,, filed by Gibraltar Metals LLC, by Gibraltar Metals LLC (Page, John) (Entered: February 5, 2008)
February 5, 2008 22 AFFIDAVIT of Service for Summons DE 4, Verified Complaint DE 1, Motion to TRO DE 6, Memorandum DE 7, TRO DE 11 served on Next Generation, Adele Peritzman, and Steven Peritzman on 1/30/08, filed by Gibraltar Metals LLC., SUMMONS Returned Executed by Gibraltar Metals LLC. (Attachments: # 1 Exhibit)(Page, John) (Entered: February 5, 2008)
February 5, 2008 23 RESPONSE to 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunctions, Defendants' Motion to Dissolve Ex-Parte Temporary Restraining Order and Referral of Motion for Preliminary Injunction to Mag. Judge, Or In the Alternative, Defendants' Motion to Increase The Amount of the Surety Bond and Memorandum of Law In Support Thereof filed by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit Temp. Restraining Order)(Rosenthal, Greg) (Entered: February 5, 2008)
February 5, 2008 24 NOTICE by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman re 23 Response (Other), Response (Other), Response (Other) of Filing Affidavits in Support of Response in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Affidavit Jarret Peritzman# 2 Affidavit Steven Peritzman# 3 Affidavit Adele Peritzman)(Rosenthal, Greg) (Entered: February 5, 2008)
February 6, 2008 25 REPLY to Response to Motion re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing filed by Gibraltar Metals LLC. (Page, John) (Entered: February 6, 2008)
February 6, 2008 26 NOTICE by Gibraltar Metals LLC re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing, 7 Memorandum in Support (Exhibits in Support) (Attachments: # 1 Exhibit Exhibit 1 Steve Peritzman's employment agreement# 2 Exhibit Exhibit 2 Steve Peritzman's July 24, 2007 separation and general release# 3 Exhibit Exhibit 3 Courtland building security log# 4 Exhibit Exhibit 4 Jarret and Daniel Peritzman's resignation# 5 Exhibit Exhibit 5 Ray Gould cease and desist email# 6 Exhibit Exhibit 6 Kurt Payton email# 7 Exhibit Exhibit 7 Mark Dearing email# 8 Exhibit Exhibit 8 Jarret Peritzman's instant messages# 9 Exhibit Exhibit 9 Emails for January 8, 2008 thru January 11, 2008# 10 Exhibit Exhibit 10 Affidavit of Steven Peritzman re: refusal to return computer# 11 Exhibit Exhibit 11 Deposition transcript of Steve Peritzman# 12 Exhibit Exhibit 12 Deposition transcript of Adele Peritzman# 13 Exhibit Exhibit 13 Deposition transcript of Jarret Peritzman/Next Generation# 14 Exhibit Exhibit 14 Deposition transcript of Mark Dearing/Hogge# 15 Exhibit Exhibit 15 Affidavit of Vinny Vaccaro# 16 Exhibit Exhibit 16 Affidavit of Kury Payton# 17 Exhibit Exhibit 17 Affidavit of Jeff Tuley# 18 Errata Exhibit 18 Jarret & Daniel Peritzman's sale figures)(Page, John) (Entered: February 6, 2008)
February 7, 2008 27 Minute Entry for proceedings held before Judge James M. Hopkins : Evidentiary Hearing held on 2/7/2008 re 6 MOTION for Preliminary Injunction filed by Gibraltar Metals LLC. Plaintiff's Witnesses: Raymond Gould, Jarret Peritzman, & Jeff Tuley, sworn and testified. Continuation of Evidentiary hearing re 6 MOTION for Preliminary Injunction set for Fri. 2/8/2008 at 10:00 AM, Courtroom 6, in West Palm Beach Division before Magistrate Judge James M. Hopkins. Court Reporter: Official Reporting Service- phone number 305-523-5635 (lw) (Entered: February 7, 2008)
February 7, 2008 30 Exhibit and Witness List by Gibraltar Metals LLC, Next Generation Metals, Inc... from 2/7/08 Evidentiary hearing 27 before Judge Hopkins.(lw) (Additional attachment(s) added on 6/5/2008: # 1 Not Scanned Form) (dg). (Entered: February 11, 2008)
February 8, 2008 28 MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION seizure order MOTION for Hearing filed by Gibraltar Metals LLC. (Shraiberg, Bradley) (Entered: February 8, 2008)
February 8, 2008 29 Emergency MOTION for Temporary Restraining Order Extension by Gibraltar Metals LLC. Responses due by 2/25/2008 (Page, John) (Entered: February 8, 2008)
February 11, 2008 31 ORDER granting 29 Motion for Temporary Restraining Order Extension. Extended through 9:00 am February 21, 2008.Signed by Judge Daniel T. K. Hurley on 2/11/08. (lr) (Entered: February 11, 2008)
February 12, 2008 32 Emergency MOTION for Reconsideration re 31 Order on Motion for Temporary Restraining Order or, in the Alternative, Renewed Motion to Dissolve Temporary Restraining Order, and Memorandum of Law in Support Thereof by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit TRO# 2 Exhibit Defs. Resp. to DE #11# 3 Exhibit 3 - Notification of Electronic Filing# 4 Exhibit 4 - E-Mail dated 2/11/08)(Rosenthal, Greg) (Entered: February 12, 2008)
February 13, 2008 33 REPORT AND RECOMMENDATION re 6 MOTION for Preliminary Injunction filed by Gibraltar Metals LLC, Recommending that the District Court Grant in Part Plaintiff's Motion for Preliminary Injunction. Objections to R&R due by 2/28/2008.Signed by Magistrate Judge James M. Hopkins on 2/13/08.(lw) (Entered: February 13, 2008)
February 14, 2008 34 NOTICE of Compliance With Temporary Restraining Order by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman re 11 Order on Motion for Temporary Restraining Order (Rosenthal, Greg) (Entered: February 14, 2008)
February 15, 2008 35 ORDER denying 23 Motion to dissolve temporary restraining order, motion to increase amount of surety bond; 32 motion for reconsideration of order extending TRO and renewed motion to dissolve TRO. Signed by Judge Daniel T. K. Hurley on 2/15/08. (lr) (Entered: February 15, 2008)
February 20, 2008 36 Unopposed MOTION for Extension of Time to File Response to the Complaint by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rosenthal, Greg) (Entered: February 20, 2008)
February 20, 2008 38 MOTION for Contempt, MOTION for Extension of Time to File by Gibraltar Metals LLC. (tb) (Entered: February 21, 2008)
February 21, 2008 37 ENDORSED ORDER granting 36 Motion for Extension of Time to Respond to Complaint. Defendants' motion is granted. Defendants shall respond to the complaint by March 11, 2008. Signed by Judge Daniel T. K. Hurley on 2/21/08.(lc2) (Entered: February 21, 2008)
February 21, 2008 39 RESPONSE in Opposition re 38 MOTION for Contempt MOTION for Extension of Time to File Response in Opposition to Emergency Motion for Contempt and Extension of Temporary Restraining Order and Memorandum in Support Thereof filed by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit A - Affidavit of Jarret Peritzman# 2 Exhibit B - Email of 1/14/08# 3 Exhibit C - telephone ## 4 Exhibit D - NGM Purchase Order)(Rosenthal, Greg) (Entered: February 21, 2008)
February 21, 2008 Set/Reset Answer Due Deadline per Order at DE 37 : Steven Peritzman response due 3/11/2008; Adele Peritzman response due 3/11/2008; Next Generation Metals, Inc. response due 3/11/2008; Jarret Peritzman response due 3/11/2008; Daniel Peritzman response due 3/11/2008. (bb) (Entered: February 22, 2008)
February 22, 2008 40 OBJECTION to 33 Report and Recommendations Steven Peritzman's Limited Objections to the Report and Recommendation as to Plaintiff's Motion for Preliminary Injunction by Steven Peritzman. (Rosenthal, Greg) (Entered: February 22, 2008)
February 22, 2008 41 OBJECTION to 33 Report and Recommendations Defendant, Steven Peritzman's Limited Objections to the Report and Recommendation as to Plaintiff's Motion for Preliminary Injunction by Steven Peritzman. (Attachments: # 1 Exhibit A - Report & Recommendations)(Rosenthal, Greg) (Entered: February 22, 2008)
February 22, 2008 42 NOTICE of Striking 40 Objection to Report and Recommendations filed by Steven Peritzman,, 41 Objection to Report and Recommendations, filed by Steven Peritzman, by Steven Peritzman (Rosenthal, Greg) (Entered: February 22, 2008)
February 22, 2008 43 OBJECTION to 33 Report and Recommendations Defendant, Steven Peritzman's Limited Objections to the Report and Recommendation as to Plaintiff's Motion for Preliminary Injunction by Steven Peritzman. (Attachments: # 1 Exhibit A - Report & Recommendations)(Rosenthal, Greg) (Entered: February 22, 2008)
February 22, 2008 44 ORDER denying without prejudice 38 Motion for Contempt, and granting 38 Motion for Extension of Temporary Restraining Order.Signed by Judge Daniel T. K. Hurley on 2/22/08. (lr) (Entered: February 22, 2008)
March 10, 2008 45 ORDER adopting in part 33 Report and Recommendations, granting in part 6 Motion for Preliminary Injunction. Signed by Judge Daniel T. K. Hurley on 3/10/08. (lr) Additional attachment(s) added on 3/10/2008 (lr). (Entered: March 10, 2008)
March 10, 2008 SYSTEM ENTRY - Document 45, filed on 03/10/2008, modified/deleted by (lr) (Entered: March 10, 2008)
March 11, 2008 46 NOTICE TO PARTIES of redocketing 45 Order on Report and Recommendations, Order on Motion for Preliminary Injunction.Signed by Judge Daniel T. K. Hurley on 3/11/08.(lr) (Entered: March 11, 2008)
March 11, 2008 47 Defendants', Next Generation Metals, Inc. Jarret Peritzman, Daniel Peritzman, Steven Peritzman and Adele Peritzman ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM filed by Defendant/Counter-Plaintiff, Steven Peritzman against Gibraltar Metals LLC by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit A - Separation Agreement)(Rosenthal, Greg) (Entered: March 11, 2008)
March 20, 2008 48 PRELIMINARY INJUNCTION against defendants.Signed by Judge Daniel T. K. Hurley on 3/20/08.(lr) (Entered: March 20, 2008)
March 21, 2008 49 MOTION for Contempt by Gibraltar Metals LLC. Responses due by 4/4/2008 (Page, John) (Entered: March 21, 2008)
March 31, 2008 50 Gibraltar's ANSWER to Counterclaim and Affirmative Defenses by Gibraltar Metals LLC.(Page, John) (Entered: March 31, 2008)
April 4, 2008 51 RESPONSE in Opposition re 49 MOTION for Contempt filed by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit A - Affidavit of Daniel Peritzman# 2 Exhibit B - Affidavit of Jarret Peritzman# 3 Exhibit C - Email of 1/14/08# 4 Exhibit D - Email of 4/3/08# 5 Exhibit E - efax profile)(Rosenthal, Greg) (Entered: April 4, 2008)
April 7, 2008 52 ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE to Magistrate Judge James M. Hopkins for Discovery AND ORDER REFERRING CASE to Mediation. Calendar Call set for 12/12/2008 02:00 PM in West Palm Beach Division before Judge Daniel T. K. Hurley. Jury Trial set for 1/5/2009 09:00 AM in West Palm Beach Division before Judge Daniel T. K. Hurley.Signed by Judge Daniel T. K. Hurley on 4/3/08.(ail) (Entered: April 7, 2008)
April 7, 2008 53 CERTIFICATE of Counsel re 52 Order Referring Case to Magistrate Judge,, Order Referring Case to Mediation,, Set Deadlines/Hearings, by John Edward Page on behalf of Gibraltar Metals LLC (Page, John) (Entered: April 7, 2008)
April 14, 2008 54 REPLY to Response to Motion re 49 MOTION for Contempt filed by Gibraltar Metals LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Page, John) (Entered: April 14, 2008)
May 2, 2008 55 ORDER denying 49 Plaintiff's Motion for Contempt.Signed by Judge Daniel T. K. Hurley on 5/2/08. (lr) (Entered: May 2, 2008)
May 20, 2008 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law by Gibraltar Metals LLC. Responses due by 6/4/2008 (Page, John) (Entered: 05/20/2008)
May 20, 2008 57 Statement of: of Undisputed Material Facts in Support of Gibraltar's Motion for Partial Summary Judgment as to Count V of the Verified Complaint and Incorporate Memorandum of Law by Gibraltar Metals LLC re 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law. (Page, John) (Entered: May 20, 2008)
May 20, 2008 58 NOTICE by Gibraltar Metals LLC re 57 Statement, (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Page, John) (Entered: May 20, 2008)
May 21, 2008 59 ORDER setting oral argument. Signed by Judge Daniel T. K. Hurley on 5/21/08. (lc2) (Entered: May 21, 2008)
May 21, 2008 Set/Reset Deadlines per Order at DE 59 as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law. Motion Hearing set for 11/6/2008 08:30 AM in West Palm Beach Division before Judge Daniel T. K. Hurley. (bb) (Entered: May 22, 2008)
May 30, 2008 60 MOTION for Extension of Time to File Response as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Text of Proposed Order)(Rosenthal, Greg) (Entered: May 30, 2008)
May 30, 2008 61 NOTICE OF UNAVAILABILITY by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman for dates of July 21 - 25, 2008 (Rosenthal, Greg) (Entered: 05/30/2008)
May 31, 2008 62 ENDORSED ORDER granting 60 Motion for Extension of Time to File Response. Defendants' motion is granted. Defendants shall file a response to plaintiff's motion for partial summary judgment by August 4, 2008. Signed by Judge Daniel T. K. Hurley on 5/31/08. (lc2) (Entered: May 31, 2008)
May 31, 2008 Set/Reset Deadlines per Order at DE 62 as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law. Responses due by 8/4/2008 (bb) (Entered: June 2, 2008)
July 3, 2008 63 MOTION for Extension of Time to Complete Discovery by Gibraltar Metals LLC. (Page, John) (Entered: July 3, 2008)
July 7, 2008 64 Endorsed ORDER granting 63 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge James M. Hopkins on 7/7/08. (JMH) (Entered: July 7, 2008)
August 1, 2008 65 Agreed MOTION for Extension of Time to File Response as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Text of Proposed Order Granting Agreed Motion)(Rosenthal, Greg) (Entered: August 1, 2008)
August 14, 2008 66 ENDORSED ORDER granting 65 Motion for Extension of Time to File Response to Motion for Summary Judgment. Defendants' motion is granted. Defendants shal respond to plaintiff's motion for partial summary judgment by August 25, 2008. Signed by Judge Daniel T. K. Hurley on 8/14/08. (lc2) (Entered: August 14, 2008)
August 14, 2008 Set Deadline as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law. Response due by 8/25/2008 (dm) (Entered: August 15, 2008)
August 20, 2008 67 Joint MOTION for Protective Order and Stipulation of Confidentiality by Gibraltar Metals LLC. (Page, John) (Entered: August 20, 2008)
August 21, 2008 68 Endorsed ORDER granting in part 67 Motion for Protective Order. The following paragraphs are hereby modified as follows: Paragraph 1E: the parties shall file a motion to seal in accordance with the Local Rules for any documents which the parties wish to be sealed; Paragraph 2D: the burden of proof shall be decided by the Court at the time of resolution of any motion; Paragraph 3 is deleted. Signed by Magistrate Judge James M. Hopkins on 8/21/08. (JMH) (Entered: August 21, 2008)
August 25, 2008 69 MEMORANDUM in Opposition re 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law and Cross Motion for Summary Judgment as to the Counterclaim and Incorporated Memorandum of Law filed by Steven Peritzman. (Rosenthal, Greg) (Entered: 08/25/2008)
August 25, 2008 70 Statement of: Material Facts in Opposition to Gibraltar Metals, LLC's Motion for Partial Summary Judgment as to Count V of the Verified Complaint and In Support of His Cross Motion for Summary Judgment as to the Counterclaim by Steven Peritzman re 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law, 57 Statement,. (Rosenthal, Greg) (Entered: August 25, 2008)
August 25, 2008 71 NOTICE by Steven Peritzman re 70 Statement, 69 Memorandum in Opposition, of Filing in Support of His Memorandum of Law in Opposition to Gibraltar's Motion for Partial Summary Judgment as to Count V of the Verified Complaint and Cross Motion for Summary Judgment as to the Counterclaim (Attachments: # 1 Exhibit Cappy depo, pp. 1-50, # 2 Exhibit Cappy depo, pp. 051-100, # 3 Exhibit Cappy depo, pp.101-150, # 4 Exhibit Cappy depo, pp. 151-207, # 5 Exhibit R.Gould depo, pp. 001-50, # 6 Exhibit R.Gould depo, pp. 051-100, # 7 Exhibit R.Gould depo, pp. 101-179, # 8 Exhibit 3 - Affidavit of Steven Peritzman (08-21-08), # 9 Exhibit 4 - Gibraltar's Answers to 1st Set of Interrogatories (07-09-08))(Rosenthal, Greg) (Entered: August 25, 2008)
September 2, 2008 72 Agreed MOTION for Extension of Time to File Reply as to 69 Memorandum in Opposition, by Gibraltar Metals LLC. (Page, John) (Entered: September 2, 2008)
September 3, 2008 73 ENDORSED ORDER granting 72 Motion for Extension of Time to File Reply. Plaintiff's motion is granted. Plaintiff may file a reply in further support of its motion for partial summary judgment by September 8, 2008. Signed by Judge Daniel T. K. Hurley on 9/3/08. (lc2) (Entered: September 3, 2008)
September 3, 2008 Set/Reset Deadlines per Order at DE 73 as to 56 MOTION for Summary Judgment As to Count V of the Verified Complaint and Incorporated Memorandum of Law. Replies due by 9/8/2008. (bb) (Entered: September 4, 2008)
September 8, 2008 74 NOTICE by Gibraltar Metals LLC re 70 Statement, Statement of Material Facts in Opposition to Steven Peritzman's Cross-Motion for Summary Judgment (Attachments: # 1 Exhibit A)(Page, John) (Entered: September 8, 2008)
September 8, 2008 75 RESPONSE/REPLY to 69 Memorandum in Opposition, filed by Gibraltar Metals LLC. (Page, John) (Entered: September 8, 2008)
September 9, 2008 76 NOTICE by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman of Selection of Mediator and Scheduling of Mediation (Rosenthal, Greg) (Entered: September 9, 2008)
September 9, 2008 77 Sealed Document. (igo) (Entered: September 10, 2008)
September 12, 2008 78 Agreed MOTION for Extension of Time to File Reply as to 75 Response/Reply (Other) by Steven Peritzman. (Attachments: # 1 Text of Proposed Order Granting Motion)(Rosenthal, Greg) (Entered: September 12, 2008)
September 15, 2008 79 NOTICE by Gibraltar Metals LLC of Filing Expert Report (Page, John) (Entered: September 15, 2008)
September 15, 2008 80 ENDORSED ORDER granting 78 Motion for Extension of Time to File Reply. Defendant Steven Peritzman's motion is granted. Defendant Steven Peritzman may file a reply in further support of his cross-motion for summary judgment by September 19, 2008. Signed by Judge Daniel T. K. Hurley on 9/15/08. (lc2) (Entered: September 15, 2008)
September 19, 2008 81 RESPONSE/REPLY to 75 Response/Reply (Other) Steven Peritzman's Reply to Gibraltar Metals, LLC's Response and Resply to Steven Peritzman's Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment as to Count V of the Verified Complaint and Cross Motion for Summary Judgment as to the Counterclaim and Incorporated Memorandum of Law filed by Steven Peritzman. (Rosenthal, Greg) (Entered: September 19, 2008)
October 7, 2008 82 Agreed MOTION for Extension of Time to File /Disclose Expert Witnesses by Steven Peritzman, Adele Peritzman, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Text of Proposed Order Granting Agreed Motion for Enlargement of Time)(Rosenthal, Greg) (Entered: 10/07/2008)
October 8, 2008 83 ENDORSED ORDER granting 82 Motion for Extension of Time to Disclose Expert Witnesses. Defendants' motion is granted. Defendants shall disclose their expert witnesses by October 17, 2008. Signed by Judge Daniel T. K. Hurley on 10/8/08. (lc2) (Entered: October 8, 2008)
October 14, 2008 84 Sealed Document. (jdo) (Entered: October 15, 2008)
October 28, 2008 85 REPORT REGARDING Mediation by Michael I. Kean. (Kean, Michael) (Entered: October 28, 2008)
November 4, 2008 86 ENDORSED ORDER canceling oral argument. The oral argument currently set for November 6, 2008 is CANCELED in light of the mediation report indicating that all claims in this matter have been settled. Signed by Judge Daniel T. K. Hurley on 11/4/2008. (lc2) (Entered: November 4, 2008)
November 12, 2008 87 STIPULATION of Dismissal with Prejudice (Joint) by Steven Peritzman, Adele Peritzman, Gibraltar Metals LLC, Next Generation Metals, Inc., Jarret Peritzman, Daniel Peritzman. (Attachments: # 1 Exhibit)(Page, John) (Entered: November 12, 2008)
November 18, 2008 88 ORDER of Close Out, Granting 87 Joint motion for Dismissal, dismissed with prejudice, all pending motions are DENIED AS MOOT. Signed by Judge Daniel T. K. Hurley on 11/18/2008. (cqs) (Entered: November 19, 2008)
Plaintiff: Gibraltar Metals LLC
Represented By: Jorge Tadeo Espinosa, John Edward Page, Bradley Scott Shraiberg, John Edward Page
   
Defendant: Next Generation Metals, Inc.
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Defendant: Jarret Peritzman
Represented By: Michael W. Ullman, Greg Howard Rosenthal
   
Defendant: Daniel Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Defendant: Steven Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Defendant: Adele Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Counter Claimant: Steven Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Counter Claimant: Adele Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Counter Claimant: Next Generation Metals, Inc.
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Counter Claimant: Jarret Peritzman
Represented By: Michael W. Ullman, Greg Howard Rosenthal
   
Counter Claimant: Daniel Peritzman
Represented By: Greg Howard Rosenthal, Michael W. Ullman
   
Counter Defendant: Gibraltar Metals LLC
Represented By: Jorge Tadeo Espinosa, John Edward Page, Bradley Scott Shraiberg, John Edward Page