Cushman & Wakefield U.S., Inc. v. Carter

New York Southern District Court
Judge:	Margaret M Garnett
Case #:	1:25-cv-00866
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:

Jan 29, 2025

Docket
Parties (2)

Last checked: Thursday Jan 30, 2025 1:38 AM EST

Defendant Valery Carter
Plaintiff Cushman & Wakefield U.S., Inc.	Represented By Robert Steiner Kelley Drye & Warren LLP contact info

Docket last updated: 02/04/2025 11:59 PM EST

Monday, February 03, 2025
13		13 service Certificate of Service Other Mon 02/03 12:18 PM CERTIFICATE OF SERVICE of Case Initiating Documents and Court's Order dated January 30, 2025 served on Valery Carter on January 31, 2025. Service was made by FedEx. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
Thursday, January 30, 2025
12		12 service Certificate of Service Other Thu 01/30 5:09 PM CERTIFICATE OF SERVICE of Court's Order dated January 30, 2025 served on Valery Carter on January 30, 2025. Service was made by FedEx and Email. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
11		11 6 pgs order Order to Show Cause ~Util - Set Deadlines/Hearings Thu 01/30 1:52 PM ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: IT IS ORDERED AND DECREED THAT: 1. Defendant including, her agents, servants, employees, attorneys, and those persons in active concert or participation with her, are restrained and enjoined from violating the terms of the Confidentiality and Non-Solicitation Policy ("the Policy") by: (a) Soliciting or otherwise interfering with the business or patronage of any Active Client or Referral Source, as those terms are defined in the Policy, with whom she had contact or about whom she learned of through Confidential Information (as that term is defined in the Policy) during the last twenty-four (24) months of her employment with Cushman & Wakefield, including soliciting business from any Active Client or Referral Source that have existing or pending transactions or assignments with Cushman & Wakefield or any of its affiliates or soliciting or encouraging such Active Clients to discontinue or reduce their existing or pending transactions or assignments with Cushman & Wakefield or reduce their consideration of Cushman & Wakefield for pending transactions or assignments, personally or as an employee, stockholder, director, investor, owner, consultant, manager, member, associate, partner, agent, independent contractor, or otherwise, or by means of any corporate or other device; (as further set forth herein). 2. Defendant shall, by February 11, 2025, identify and provide access to an independent third-party vendor all data storage devices, data storage accounts, email accounts, local drives, shared drives, phones, tablets, or other computer systems from which she accessed or used Cushman & Wakefield confidential, proprietary, or trade secret information, so that the vendor may catalog any such information and otherwise preserve evidence for this litigation and remove any such Cushman & Wakefield information from Carter's possession; 3. Defendant shall, after fully complying with the directives set out in Paragraph 2 of this Order, return to Cushman & Wakefield all information, documents, and tangible things in her possession, custody, or control, whether in physical or digital format, including any and all copies thereof, that contain Cushman & Wakefield confidential, proprietary, or trade secret information, including specifically the USB device upon which Carter copied Cushman & Wakefield files on January 29, 2024 and January 30, 2024, which shall be subjected to a forensic inspection by an independent third party vendor to be engaged by counsel for Cushman & Wakefield; 7. That a hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction is set for Monday, February 10, 2025, at 1:00 p.m., before Judge Garnett in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. 8. That Defendant may file any brief opposing Plaintiff's motion by February 6, 2025. Plaintiff may file any reply brief by February 10, 2025, at 9:30 a.m. 9. That Plaintiff must serve a copy of this Order upon Defendant's counsel by January 30, 2025, and file proof of such service on the public docket by January 31, 2025. Related [+] Show Cause Hearing set for 2/10/2025 at 01:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (Signed by Judge Margaret M. Garnett on 1/30/2025) (kv) Related: [-] sponses due by 2/6/2025, Replies due by 2/10/2025.
10		10 service Summons Issued Thu 01/30 1:39 PM ELECTRONIC SUMMONS ISSUED as to Valery Carter..(pc) Related: [-]
		notice Case Opening Initial Assignment Notice Thu 01/30 8:42 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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] ..(pc) Related: [-]
		utility Case Designation Thu 01/30 8:42 AM Magistrate Judge Henry J. Ricardo 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] . (pc) Related: [-]
		utility Case Designated ECF Thu 01/30 8:42 AM Case Designated ECF. (pc) Related: [-]
		misc Notice to Court Regarding Proposed Order Thu 01/30 9:36 AM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (tp) Related: [-]
Wednesday, January 29, 2025
9		9 service Certificate of Service Other Wed 01/29 7:59 PM CERTIFICATE OF SERVICE of all Foregoing Documents Served on Valery Carter on 1/29/2025. Service was Made by Email to Patrick Drake. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
8		8 misc Civil Cover Sheet Wed 01/29 7:52 PM CIVIL COVER SHEET filed..(Steiner, Robert) Related: [-]
7		7 respoth Declaration in Support (non-motion) Wed 01/29 7:47 PM DECLARATION of Erik Hart in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
		Att: 1 Exhibit A - Usb-Activity-Valery
6		6 respoth Declaration in Support (non-motion) Wed 01/29 7:44 PM DECLARATION of April Dempsey in Support re:4 Proposed Order to Show Cause With Emergency Relief. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
		Att: 1 Exhibit A - March 18 Email re Resignation,
		Att: 2 Exhibit B - Compensation Change Letter 2.14.24 Acknowledgement_Redacted,
		Att: 3 Exhibit C - CW Confidentiality Non-Solicitation Policy,
		Att: 4 Exhibit D - October 23 Text Message,
		Att: 5 Exhibit E - 1.3.2025 - V. Carter - Cease and Desist Letter_Redacted,
		Att: 6 Exhibit F - 1.10.25 Response to Cease and Desist,
		Att: 7 Exhibit G - Facebook Post
5		5 30+ pgs respoth Memorandum of Law in Support (non-motion) Wed 01/29 7:32 PM MEMORANDUM OF LAW in Support re:4 Proposed Order to Show Cause With Emergency Relief . Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
4		4 misc Proposed Order to Show Cause With Emergency Relief Wed 01/29 7:24 PM PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
3		3 misc Rule 7.1 Corporate Disclosure Statement Wed 01/29 7:16 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cushman & Wakefield Global, Inc., Other Affiliate Cushman & Wakefield plc, for Cushman & Wakefield U.S., Inc.. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
2		2 service Request for Issuance of Summons Wed 01/29 7:08 PM REQUEST FOR ISSUANCE OF SUMMONS as to Valery Carter, re:1 Complaint. Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]
1		1 23 pgs cmp Complaint Wed 01/29 6:59 PM COMPLAINT against Valery Carter. (Filing Fee $ 405.00, Receipt Number ANYSDC-30536044)Document filed by Cushman & Wakefield U.S., Inc...(Steiner, Robert) Related: [-]

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