JTH Tax LLC v. Focca et al
| New York Eastern District Court | |
| Judge: | Pamela K Chen |
| Referred: | Peggy Kuo |
| Case #: | 1:25-cv-01850 |
| 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: | Apr 03, 2025 |
| Last checked: Sunday May 18, 2025 5:33 AM EDT |
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Defendant
David Biondi
1063 Brighton Street
Union, NY 07083 |
Represented By
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Defendant
Anthony Focca
90 Kenilworth Ave.
Staten Island, NY 10312 |
Represented By
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Defendant
Platinum Tax LTD.
1888 Hylan Blvd.
Staten Island, NY 10305 |
Represented By
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Defendant
Think Taxx Inc.
1888 Hylan Blvd.
Staten Island, NY 10305 |
Represented By
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Defendant
Andrew Wolfe
1888 Hylan Blvd.
Staten Island, NY 10305 |
Represented By
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Plaintiff
JTH Tax LLC
2378 Liberty Way
, Virginia Beach, VA 23456 |
Represented By
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| Docket last updated: 5 hours ago |
| Tuesday, June 10, 2025 | ||
| 20 | 20
service
Waiver of Service Executed
Tue 06/10 2:14 PM
WAIVER OF SERVICE Returned Executed by JTH Tax LLC. David Biondi waiver sent on 5/8/2025, answer due 7/7/2025; Anthony Focca waiver sent on 5/8/2025, answer due 7/7/2025; Platinum Tax LTD. waiver sent on 5/8/2025, answer due 7/7/2025; Think Taxx Inc. waiver sent on 5/8/2025, answer due 7/7/2025; Andrew Wolfe waiver sent on 5/8/2025, answer due 7/7/2025. (Siachos, Peter) |
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| Thursday, April 24, 2025 | ||
| 19 | 19
notice
Notice of Appearance
Thu 04/24 1:11 PM
NOTICE of Appearance by Jeremy Panzella on behalf of All Defendants (notification declined or already on case) (Panzella, Jeremy) |
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| Friday, April 18, 2025 | ||
| 18 | 18
order
Preliminary Injunction
Fri 04/18 5:07 PM
ORDER: The Court is in receipt of Plaintiff's e-mail communication to Chambers notifying the Court of a typographical error at the end of Paragraph A in the Preliminary Injunction Order17 issued on 4/16/2025. The Court hereby attaches an Amended Preliminary Injunction Order, which supersedes the original Preliminary Injunction Order17 and is effective immediately. Ordered by Judge Pamela K. Chen on 4/18/2025. (NS) |
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| Wednesday, April 16, 2025 | ||
| 17 | 17
2
pgs
order
Order on Motion for TRO
Wed 04/16 5:22 PM
ORDER: For the reasons stated on the record at temporary restraining order/preliminary injunction hearing held on 4/11/2025, the Court issues the attached preliminary injunction, as modified, effective immediately. Ordered by Judge Pamela K. Chen on 4/16/2025. (NS) |
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| Friday, April 11, 2025 | ||
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order
Order(Other)
Fri 04/11 10:57 AM
ORDER: Although defense counsel Jeremy Panzella he states in his letter15 that he represents all Defendants, he must still file a formal notice of appearance via ECF. Should it be necessary for another attorney to appear on behalf of Mr. Panzella at today's TRO/PI hearing, that counsel should e-file their notice of appearance as well. Ordered by Judge Pamela K. Chen on 4/11/2025. (FG) |
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minutes
Motion Hearing
Fri 04/11 7:02 PM
Minute Entry for proceedings held before Judge Pamela K. Chen: Temporary Restraining Order/Preliminary Injunction Hearing held on 4/11/2025. Appearance by Peter G. Siachos for Plaintiff; Defendants' counsel failed to appear. Case called. Discussion held. Witness sworn and testified. The Court reserved ruling on Plaintiff's motion. (Court Reporter Charleane Heading.) (AGA) |
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minutes
Evidentiary Hearing
Wed 04/16 11:27 AM
Minute Entry for proceedings held before Judge Pamela K. Chen: Temporary Restraining Order/Preliminary Injunction Hearing held on 4/11/2025. Appearance by Peter G. Siachos for Plaintiff; Defendants' counsel failed to appear. Case called. Discussion held. Witness sworn and testified. The Court reserved ruling on Plaintiff's motion. (Court Reporter Charleane Heading.) Entry refiled on 4/16/2025 to correct filing error. (FG) |
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| Thursday, April 10, 2025 | ||
| 16 | 16
misc
Declaration
Thu 04/10 7:02 PM
DECLARATION re Scheduling Order,, FURTHER DECLARATION OF EFFORTS TO PROVIDE NOTICE OF HEARING FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by JTH Tax LLC (Siachos, Peter) |
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Att: 1
Exhibit A - Proofs of Delivery
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| 15 | 15
motion
Adjourn Conference
Thu 04/10 6:08 PM
MOTION to Adjourn Conference / TRO Hearing by David Biondi, Anthony Focca, Platinum Tax LTD., Think Taxx Inc., Andrew Wolfe. (Panzella, Jeremy) |
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| 14 | 14
misc
Declaration
Thu 04/10 2:13 PM
DECLARATION re Scheduling Order,, CERTIFICATION OF EFFORTS TO PROVIDE NOTICE OF HEARING FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by JTH Tax LLC (Siachos, Peter) |
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Att: 1
Exhibit A - Hearing Notification Email to Defendants,
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Att: 2
Exhibit B - Fed-Ex Labels Hearing Notification to Defendants
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order
Order(Other)
Thu 04/10 1:51 PM
ORDER: The Court received a phone call earlier today from Plaintiff's counsel inquiring as to whether the preliminary injunction hearing tomorrow could be held via video. The Court directed the Plaintiff to file the request on the docket. No such request has been docketed. In any event, upon further reflection, the Court will not permit the TRO/PI hearing to be conducted by video. In filing this emergency motion, Plaintiff should have been prepared to appear in court in-person on short notice--indeed, as early as last Friday when it filed the motion. Furthermore, it is too late to notify Defendant of any change in venue. Accordingly, the hearing will be held in Courtroom 4FN on Friday, April 11, 2025 at 12:30 p.m. as scheduled. Ordered by Judge Pamela K. Chen on 4/10/2025. (NS) |
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order
Order on Motion to Adjourn Conference
Thu 04/10 7:02 PM
ORDER: The Court is in receipt of Defendants'15 motion to adjourn the temporary restraining order ("TRO")/preliminary injunction ("PI") hearing scheduled for April 11, 2025, at 12:30 PM in Courtroom 4FN due, in part, to Defendants' counsel being "already scheduled to take subpoenaed depositions on another matter...during the same time in which the hearing has been scheduled." (Dkt. 15 at 1.) Since this is an emergency hearing, the Court declines to adjourn the conference based on defense counsel's unavailability. Defense counsel took on this matter on April 10, 2025, after the hearing had already been scheduled, i.e., on April 9. Defense counsel therefore knew he would be unable to appear at the TRO/PI hearing, yet still agreed to take on Defendants' representation. Similarly, despite being given the opportunity to appear and be represented at the hearing, Defendants chose to retain counsel who is unavailable to attend the hearing. Adjournment on these grounds, where a time-sensitive motion is involved, is not warranted. Defense counsel should consider sending another attorney from the firm and/or Defendants' representatives to the hearing in his place. In any event, the Court will take note of the arguments set forth in Defendants' letter15 in resolving Plaintiff's TRO/PI motion. Ordered by Judge Pamela K. Chen on 4/10/2025. (NS) |
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| Wednesday, April 09, 2025 | ||
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order
Scheduling Order
Wed 04/09 10:14 AM
SCHEDULING ORDER: The Court is in receipt of Plaintiff's12 13 affidavits regarding overnight mail, email, and attempted personal service upon Defendants. A hearing on the4 motion for the temporary restraining order or preliminary injunction will be held this Friday, April 11, 2025 at 12:30 PM in Courtroom 4FN. Plaintiff is directed to serve notification of this hearing upon the Defendants via the same combination of methods, i.e., Fed-Ex Overnight Delivery, email, and personal service, and file proof of the same by noon tomorrow, April 10, 2025. Ordered by Judge Pamela K. Chen on 4/9/2025. (NS) |
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| Monday, April 07, 2025 | ||
| 13 | 13
service
Certificate of Service
Mon 04/07 5:27 PM
CERTIFICATE OF SERVICE by JTH Tax LLC re12 Affidavit,, Declaration, (Siachos, Peter) |
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| 12 | 12
misc
Affidavit/Affirmation Declaration
Mon 04/07 4:58 PM
AFFIDAVIT/AFFIRMATION re Order,,, CERTIFICATION PURSUANT TO RULE 65(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE by JTH Tax LLC, DECLARATION by JTH Tax LLC (Siachos, Peter) |
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Att: 1
Exhibit A - Email,
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Att: 2
Exhibit B - Fed-Ex Labels
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| 11 | 11
order
Scheduling Order
Mon 04/07 10:26 AM
SCHEDULING ORDER: An Initial Conference will be held in this case on July 30, 2025 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By July 24, 2025 , the parties must file a joint and completed copy of the [LINK:Proposed Discovery Plan] . Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/7/2025. (RO) |
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| Friday, April 04, 2025 | ||
| 10 | 10
service
Summons Issued
Fri 04/04 10:33 AM
Summons Issued as to David Biondi, Anthony Focca, Platinum Tax LTD., Think Taxx Inc., Andrew Wolfe. (CV) |
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| 9 | 9
misc
Proposed Summons/Civil Cover Sheet
Fri 04/04 9:44 AM
Civil Cover Sheet.. by JTH Tax LLC (Siachos, Peter) |
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| 8 | 8
misc
Proposed Summons/Civil Cover Sheet
Fri 04/04 9:07 AM
Proposed Summons. by JTH Tax LLC (Siachos, Peter) |
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| 7 | 7
misc
Quality Control Check - Attorney Case Opening
Fri 04/04 8:19 AM
This attorney case opening filing has been checked for quality control. Notice: Re: Certification of Arbitration Eligibility Not Completed Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. See the attachment for other corrections that were made. (CV) |
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| 6 | 6
misc
Clerks Notice of Rule 73
Fri 04/04 8:12 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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utility
Case Assigned/Reassigned
Fri 04/04 8:11 AM
Case Assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Peggy Kuo. (CV) |
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misc
Quality Control Check - Summons
Fri 04/04 8:16 AM
Your proposed summons was not issued for one of the following reasons: No address on the To Section and no Plaintiffs attorney name and addresses section., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV) |
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order
Order(Other)
Fri 04/04 4:24 PM
ORDER re4 MOTION for Temporary Restraining Order filed by JTH Tax LLC -- Plaintiff has moved for a temporary restraining order and preliminary injunction against all defendants. See ECF No.4 . Plaintiff has not filed proof of service of this motion on defendants or otherwise indicated that defendants have been notified. Plaintiff is ordered to either (1) serve the motion for a temporary restraining order and preliminary injunction and supporting documents on each defendant and file proof of such service, or (2) certify by written affidavit any efforts made to give notice of the motion to defendants, and good and sufficient reasons why notice should not be required in accordance with Local Rule 6.1(d) and Federal Rule of Civil Procedure 65(b)(1)(B). Plaintiff is directed to comply with this order no later than April 7, 2025 at 12:00 PM. Ordered by Judge Natasha C. Merle on 4/4/2025. (AG) |
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| Thursday, April 03, 2025 | ||
| 5 | 5
notice
Notice of Request to Submit Electronic Evidence
Thu 04/03 7:39 PM
Notice of Request to Submit Electronic Evidence. re1 Complaint,,, #10 Exhibit J - Private Investigator's Call by JTX Tax LLC d/b/a Liberty Tax f/k/a JTH Tax, Inc.. (Siachos, Peter) |
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| 4 | 4
motion
Temporary Restraining Order
Thu 04/03 7:12 PM
MOTION for Temporary Restraining Order by JTX Tax LLC d/b/a Liberty Tax f/k/a JTH Tax, Inc.. (Siachos, Peter) |
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Att: 1
Memorandum in Support MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Thu 04/03 7:08 PM
Proposed Summons. by JTX Tax LLC d/b/a Liberty Tax f/k/a JTH Tax, Inc. (Siachos, Peter) |
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| 2 | 2
misc
Corporate Disclosure Statement
Thu 04/03 7:01 PM
Corporate Disclosure Statement by JTX Tax LLC d/b/a Liberty Tax f/k/a JTH Tax, Inc. (Siachos, Peter) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet
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| 1 | 1
28
pgs
cmp
Complaint
Thu 04/03 6:59 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18920575 Was the Disclosure Statement on Civil Cover Sheet completed -Yes corp disc filed separately,, filed by JTX Tax LLC d/b/a Liberty Tax f/k/a JTH Tax, Inc.. (Siachos, Peter) |
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Att: 1
Exhibit Exhibit A - Focca Franchise Agreement,
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Att: 2
Exhibit Exhibit B - Biondi Franchise Agreement,
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Att: 3
Exhibit Exhibit C - Biondi Settlement Agreement,
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Att: 4
Exhibit Exhibit D - Biondi Injunction,
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Att: 5
Exhibit Exhibit E - Think Mortgage Bio Screenshot,
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Att: 6
Exhibit Exhibit F - Hylan Libertys Online Telephone Listing,
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Att: 7
Exhibit Exhibit G - Termination Notice,
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Att: 8
Exhibit Exhibit H - Private Investigators Report,
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Att: 9
Exhibit Exhibit I - Think Taxx Website Screenshot,
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Att: 10
Exhibit Exhibit J - Private Investigator's Call,
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Att: 11
Exhibit Exhibit K - Think Taxx's NY Dept of State Registration
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