Middesk, Inc. v. Osiris Ratings, Inc. et al
| New York Southern District Court | |
| Judge: | P Kevin Castel |
| Case #: | 1:25-cv-02677 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Mar 31, 2025 |
| Last checked: Thursday May 15, 2025 6:40 AM EDT |
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Counter Claimant
Jonathan Awad
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Represented By
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Counter Claimant
Osiris Ratings, Inc.
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Represented By
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Counter Defendant
Middesk, Inc.
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Represented By
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Defendant
Jonathan Awad
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Represented By
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Defendant
Josh Leviloff
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Represented By
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Defendant
Osiris Ratings, Inc.
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Represented By
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Plaintiff
Middesk, Inc.
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Represented By
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| Docket last updated: 10 minutes ago |
| Friday, May 16, 2025 | ||
| 67 | 67
order
Stipulation and Order
Fri 05/16 3:07 PM
JOINT STIPULATION FOR SECOND TEMPORARY RESTRAINING ORDER: Plaintiff Middesk, Inc. ("Middesk") and Defendants Osiris Ratings, Inc. d/b/a Baselayer ("Baselayer") and Jonathan Awad ("Awad") (Middesk, Baselayer, and Awad collectively referred to as the "Parties" and individually a "Party"), by and through their undersigned counsel, hereby jointly agree to this Stipulation For Temporary Restraining Order and state as follows: The Parties have met and conferred and hereby stipulate to the following: 1. Defendants Baselayer and Awad are restrained from using, printing, copying, distributing, disclosing, or destroying the Middesk files and documents in the list attached hereto as Exhibit A, which shall be submitted under seal with the Court. (AS FURTHER SET FORTH IN THIS ORDER.) The Parties agree that this Order shall remain in effect until (a) the Court dissolves it; or (b) five (5) business days after the date on which Kroll, LLC has provided the parties with (i) copies of the files contained in the Hit Log (as defined in the forthcoming Order to Perform Forensic Inspection and Protocol Agreement (the "Protocol")) to which no objection has been made (only as may be permitted by the Protocol), and (ii) the reports required by the Protocol. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/16/2025) (vfr) |
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| 66 | 66
4
pgs
order
Order on Motion for Leave to File Document
Fri 05/16 11:54 AM
ORDER granting65 Letter Motion for Leave to File Document. Middesk may proceed on the schedule proposed. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/16/2025) (jjc) |
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| Thursday, May 15, 2025 | ||
| 65 | 65
motion
Leave to File Document
Thu 05/15 2:52 PM
LETTER MOTION for Leave to File First Amended Complaint addressed to Judge P. Kevin Castel from Justin K. Victor dated 05/15/2025. Document filed by Middesk, Inc...(Burns, Jason) |
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Att: 1
Exhibit 1 - First Amended Complaint,
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Att: 2
Exhibit A - 05.28.2021 Awad Agreement,
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Att: 3
Exhibit B - 07.15.2023 Leviloff Agreement,
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Att: 4
Exhibit C - 02.28.2025 Letter to Baselayer,
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Att: 5
Exhibit D - J. Ackert Declaration,
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Att: 6
Exhibit 2 - Redline Comparison
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| Wednesday, May 14, 2025 | ||
| 64 | 64
2
pgs
order
Order on Motion to Adjourn Conference
Wed 05/14 4:48 PM
ORDER granting63 Letter Motion to Adjourn Conference. Order of Reference (ECF 37) is VACATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/14/2025) (vfr) |
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| 63 | 63
motion
Adjourn Conference
Wed 05/14 8:47 AM
LETTER MOTION to Adjourn Conference (Unopposed Request for adjournment of mediation) addressed to Judge P. Kevin Castel from Justin K. Victor dated May 12, 2025. Document filed by Middesk, Inc...(Burns, Jason) |
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| Tuesday, May 13, 2025 | ||
| 62 | 62
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order
Order
Tue 05/13 4:45 PM
REVISED ORDER TO PERFORM FORENSIC INSPECTION AND PROTOCOL AGREEMENT: Having reviewed the submissions of the parties at ECF 51, 53, 56, 58 the Court reverses The Order entered at ECF 50 to provide as follows. WHEREAS the Court now orders following the parameters of the forensic review and analysis of the Devices, each of which is set forth in detail in the paragraphs following the Whereas clauses: 1) Kroll, LLC, a third-party forensic examiner ("Forensics Examiner") will be engaged by Defendants and Defendants shall cover all costs under this Protocol, as further set forth herein. Counsel for the Parties shall meet and confer concerning the extraction and removal of Plaintiffs files from the Devices after the reports are received and any disputes are promptly resolved. The Parties will identify the data to be deleted and the Forensic Examiner will permanently delete from the Devices all Plaintiffs alleged property that is found on the Devices, including its alleged Confidential Information, subject to the Parties' mutual agreement regarding scope and timing. Logistics for how to remediate the Devices shall be agreed upon by the Parties once the review has been completed. The Forensic Examiner shall retain a forensic image of all the Devices for preservation purposes for the duration of this litigation. Based on the results of this executed Protocol, and any new additional information obtained during the execution of this Protocol, the Plaintiff reserves the right to request additional analysis on the devices covered within this Protocol. This Protocol shall be effective beginning on the date it is ordered by the Court and will continue until the remediation in Section 27 is completed (the "Protocol Period"). IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 5/13/2025) (jjc) |
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| Monday, May 12, 2025 | ||
| 61 | 61
misc
Proposed Stipulation and Order
Mon 05/12 5:24 PM
***SELECTED PARTIES***PROPOSED STIPULATION AND ORDER. Document filed by Middesk, Inc., Jonathan Awad, Josh Leviloff, Osiris Ratings, Inc.. Motion or Order to File Under Seal:59 .(Burns, Jason) |
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Att: 1
Exhibit A - Sealed Exhibit,
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Att: 2
Exhibit B - Sealed Exhibit,
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Att: 3
Proposed Order on Joint Stipulation for Second TRO
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| 60 | 60
misc
Proposed Stipulation and Order
Mon 05/12 5:16 PM
PROPOSED STIPULATION AND ORDER. Document filed by Middesk, Inc...(Burns, Jason) |
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Att: 1
Exhibit A - Sealed Exhibit Placeholder,
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Att: 2
Exhibit B - Sealed Exhibit Placeholder,
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Att: 3
Proposed Order on Joint Stipulation for Second TRO
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| 59 | 59
motion
Seal
Mon 05/12 5:04 PM
MOTION to Seal Certain Exhibits in support of the Joint Stipulation for Second TRO . Document filed by Middesk, Inc...(Burns, Jason) |
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Att: 1
Proposed Order on Motion to Seal
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