| Court: | nysd |
| Docket #: | 1:07-cv-00060 |
| Case Name: | Avila et al v. Brookfield Financial Properties, Inc. et al |
| PACER case #: | 299597 |
| Date filed: | 2007-01-03 |
| Assigned to: | Judge Alvin K. Hellerstein |
| Case Cause: | 49:40101 Air Trans. Safety and Sys. Stabilization Act |
| Nature of Suit: | 360 P.I.: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Angel Avila Plaintiff |
Christopher R. LoPalo William Joseph Dubanevich |
| Ammsy Avila Plaintiff |
William Joseph Dubanevich |
| Brookfield Financial Properties, Inc. Defendant |
Cory Adam Frank |
| Verizon New York, Inc. Defendant |
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| WFP Tower A. Co. L.P. Defendant |
Cory Adam Frank |
| Battery Park City Authority Defendant TERMINATED: 12/15/2014 |
William J. Smith Allyson A. Avila Eliza Mae Scheibel Joanna Marie Topping John Martin Flannery Mathew Thomas Dudley Peter Alexander Meisels |
| Brookfield Financial Properties, L.P. Defendant |
Cory Adam Frank |
| WFP Tower A Co. G.P. Corp. Defendant |
Cory Adam Frank |
| Weston Solutions, Inc. Defendant |
Jason Andrew Harrington Nicholas John Kauffman |
| Grubb & Ellis Management Services, Inc. Defendant TERMINATED: 10/25/2012 |
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| Structure Tone Global Services, Inc. Defendant TERMINATED: 07/02/2014 |
William D. Joyce |
| Structure Tone Global Services, Inc. Defendant TERMINATED: 07/02/2014 |
William D. Joyce |
| AMG Realty Partners, LP Defendant |
Richard Eric Leff |
| Merrill Lynch & Co., Inc. Defendant |
Judith Rita Cohen |
| RY Management Co., Inc. Defendant |
Richard Eric Leff |
| Moody's Holdings, Inc. Defendant |
John P. Cookson |
| Ambient Group Inc. Defendant TERMINATED: 12/29/2008 |
John P. Cookson |
| Tucker Anthony, Inc. Defendant |
Gregory John Popadiuk |
| Moody's Holdings, Inc. Defendant |
John P. Cookson |
| Clayton Environmental Consultants Defendant |
Abbie Lynn Eliasberg Fuchs |
| Ann Taylor Stores Corporation Defendant |
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| Tellabs Operations Inc. Defendant |
John Martin Flannery |
| Abscope Environmental, Inc. Defendant TERMINATED: 02/02/2010 |
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| William F. Collins Architects Defendant TERMINATED: 04/29/2008 |
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| Syska and Hennessy Defendant |
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| Nomura Holding America, Inc. Defendant |
Howard F. Strongin Jill Suzanne Taylor Kristy Marie Ferraro |
| Nomura Securities International, Inc. Defendant |
Howard F. Strongin Jill Suzanne Taylor Kristy Marie Ferraro |
| 170 Broadway Defendant |
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| Jones Lang LaSalle Americas, Inc. Defendant |
Christopher Wani Muludiang Timothy Dick Gallagher |
| Jones Lang LaSalle Services, Inc. Defendant |
Christopher Wani Muludiang Timothy Dick Gallagher |
| Ambient Group, Inc (Contractor) Defendant |
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| 99 Church Street Defendant |
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| 250 South End Avenue (Hudson View East) Defendant |
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| Hudson View Towers Associates (Owner) Defendant |
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| Hudson View East Condominium (Owner) Defendant |
Richard Eric Leff |
| Board of Managers of the Hudson View East Condominium (Owner) Defendant |
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| 140 West Street (Verizon Building) Defendant |
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| Abatement Professionals (contractor) Defendant |
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| Applied Environmental Inc. (Contractor) Defendant |
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| Bristol Environmental Inc. (Contractor) Defendant |
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| Catamount Environmental Inc. (Contractor) Defendant |
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| Comprehensive Environmental Service Co. (contractor) Defendant |
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| Contaminant Control Inc. (Contractor) Defendant |
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| Covino Environmental Associates Inc. (Contractor) Defendant |
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| Criterion Laboratories Inc. (Contractor) Defendant |
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| Darling Asbestos Disposal Company Inc. (contractor) Defendant |
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| Diversified Environmental Corporation (contractor) Defendant |
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| Dynaserv Industries Inc. (Contractor) Defendant |
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| Environmental Products and Services Inc. (Contractor) Defendant |
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| Environmental Services and Technologies, Inc (Contractor) Defendant |
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| Environmental Testing Inc. (Contractor) Defendant |
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| LVI Environmental Services Inc. (Contractor) Defendant |
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| LVI Services Inc. (contractor) Defendant |
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| Marcor Remediation Inc. (Contractor) Defendant |
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| Milro Associates Inc. (Contractor) Defendant |
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| Norwich Laboratories (contractor) Defendant |
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| PAR Environmental Corporation (Contractor) Defendant |
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| Pinnacle Environmental Corporation (Contractor) Defendant |
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| Potomac Abatement Inc. (Contractor) Defendant |
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| Royal Environmental Inc. (Contractor) Defendant |
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| Sencam, Inc. (Contractor) Defendant |
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| Specialty Service Contracting Inc. (Contractor) Defendant |
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| Tishman Interiors Corporation (contractor) Defendant |
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| TTI Environmental Services Inc. (contractor) Defendant |
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| 200 Liberty Street (One World Financial Center) Defendant |
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| Brookfield Properties Corporation (Owner) Defendant |
Cory Adam Frank |
| Brookfield Financial Properties, L.P. (owner) Defendant |
Cory Adam Frank |
| Brookfield Financial Properties, Inc, (Owner) Defendant |
Cory Adam Frank |
| Brookfield Partners, L.P. (owner) Defendant |
Cory Adam Frank |
| WFP Tower A Co. (Owner) Defendant |
Cory Adam Frank |
| 225 Liberty Street (Two World Financial Center) Defendant |
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| GPS Environmental Consultants Inc. (Agent/Contractor) Defendant |
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| Indoor Environmental Technology Inc. (Agent/Contractor) Defendant |
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| Envirotech Clean Air Inc. (Agent Contractor) Defendant |
Steven Jay Harfenist |
| Alan Kasman Defendant doing business asKasco |
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| Kasco Restoration Services Co. (Contractor) Defendant |
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| WFP Tower B Holding Co. LP. Defendant |
Cory Adam Frank |
| WFP Tower B Co., G.P. Corp. (owner) Defendant |
Cory Adam Frank |
| WFP Tower B Co. L.P. (Owner) Defendant |
Cory Adam Frank |
| Toscorp, Inc (Owner) Defendant |
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| HILLMAN ENVIRONMENTAL GROUP LLC ADR Provider |
Salvatore J. Calabrese |
| Board of Managers of Hudson View East Condominium ADR Provider |
Richard Eric Leff Vincent A. Nagler |
| Hudson View East Condominium ADR Provider |
Richard Eric Leff Vincent A. Nagler |
| HILLMANN ENVIRONMENTAL GROUP, LLC ADR Provider |
Salvatore J. Calabrese |
| Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS ADR Provider |
Frank Joseph Keenan Fredric Paul Gallin |
| Office of New York State Attorney General Eric. T. Schneiderman Intervenor |
Andrew William Amend |
| Contaminant Control Inc. (Contractor) Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-01-03 | 1 | 0 | COMPLAINT against Brookfield Financial Properties, Inc., Verizon New York, Inc., WFP Tower A. Co. L.P.(Filing Fee $ 350.00, Receipt Number 601545)Document filed by Angel Avila, Ammsy Avila.(jeh) Additional attachment(s) added on 2/23/2007 (gf). (Entered: 01/17/2007) | 2015-01-06 11:34:12 | e6b8d0dfe12f011a6f5ac9a934319198f2132c57 | |
| 2007-06-29 | 2 | 0 | CASE MANAGEMENT ORDER No. 4 (this document applies to all cases): Plaintiffs Master Complaint is filed as part of this Order under docket number 21-MC-102. The Master Complaint contains allegations that may be suitable for incorporation by reference in individual cases. The Master Complaint shall apply to all cases filed before or after the entry of this Order. Plaintiffs format for the Check-Off Complaint is filed as part of this Order under docket number 21-MC-102... The Check-Off Complaint contains allegations that may be suitable for individual cases. The Check-Off Complaint shall be used in all cases filed before or after entry of this Order and shall be utilized as the format for all actions to be filed by all Plaintiffs... Consolidation is hereby ordered as to Check-Off Complaints filed pursuant to the Courts June 4, 2007 Order and March 21, 2007 Case Management Order No. 3, and the Clerk of the Court is so advised. Leave is hereby granting for filing a Check-Off Complaint under the earliest civil action number, as indicated above... Every Plaintiff commencing an action after the entry of this Order shall do so by the filing of a Summons and Check-Off Complaint in accordance with the Federal Rules of Civil Procedure or as otherwise required by the terms of this Order or subsequent Case Management Orders entered in 21-MC-102... Except as the Court may otherwise establish by separate motion schedule, each Defendant or group of Defendants shall answer, move or otherwise respond to the Master Complaint by August 3, 2007. Defendants are granted leave to file motions, through liaison counsel, pursuant to Rule 12 of the Federal Rules of Civil Procedure... Plaintiffs and Defendants Liaison Counsel are hereby directed to provide a copy of this Order to all counsel who have appeared in these actions for Plaintiffs and Defendants, respectively... Discovery is not stayed, and may commence at any time consistent with the Federal Rules of Civil Procedure. The Court declines to appoint a Special Master at this time. (Signed by Judge Alvin K. Hellerstein on 6/29/2007) (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)Filed In Associated Cases: 1:21-mc-00102-AKH et al.(kkc) (Entered: 06/29/2007) | |||
| 2007-08-03 | 3 | 0 | MEMORANDUM OF LAW in Opposition re: (122 in 1:21-mc-00102-AKH) MOTION to Stay all claims against Verizon New York Inc. in 21 MC 103 and to confirm the stay against Verizon New York Inc. in 21 MC 103. (Filing Fee $ 39.00.) MOTION to Stay all claims against Verizon New York Inc. in 21 MC 103 and to confirm the stay against Verizon New York Inc. in 21 MC 103. (Filing Fee $ 39.00.). Document filed by Verizon New York Inc.. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Grochow, Robert) (Entered: 08/03/2007) | |||
| 2007-08-07 | 4 | 0 | STIPULATION OF DISCONTINUANCE as to Defendant, New York City Economic Development Corporation Only: each claim, cross-claim and counter-claim asserted by and against defendant New York City Economic Development Corporation, only as to the claims being made as to the premises located at One Liberty Plaza, New York, New York and 76/78 Trinity Place, New York, New York are discontinued without prejudice and without costs to any party as against the other. (Signed by Judge Alvin K. Hellerstein on 8/7/2007) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(kkc) (Entered: 08/08/2007) | |||
| 2007-09-05 | 5 | 0 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney W. Steve Berman for Worby Groner Edelman & Napoli Bern, LLP admitted Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 9/5/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 09/06/2007) | |||
| 2007-09-06 | 6 | 0 | ORDER in case 1:04-cv-09003-AKH; granting (490) Motion for Anita B. Weinstein to Appear Pro Hac Vice in case 1:21-mc-00102-AKH. (Signed by Judge Alvin K. Hellerstein on 9/5/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 09/06/2007) | |||
| 2007-09-13 | 7 | 0 | NOTICE of ADOPTION (ANSWER TO MASTER COMPLAINT). Document filed by HILLMAN ENVIRONMENTAL GROUP LLC. (Rosmarin, Sam) (Entered: 09/13/2007) | |||
| 2007-10-15 | 8 | 0 | STIPULATION AND ORDER OF DISMISSAL that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above action is discontinued against -Verizon Communications Inc. only- without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation and order of dismissal. (Signed by Judge Alvin K. Hellerstein on 10/15/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 10/15/2007) | |||
| 2007-10-15 | 9 | 0 | STIPULATION AND ORDER OF DISMISSAL that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above action is discontinued against - Verizon Properties Inc. only- without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation and order of dismissal. (Signed by Judge Alvin K. Hellerstein on 10/15/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 10/15/2007) | |||
| 2007-10-16 | 10 | 0 | NOTICE of Battery Park City Authority's Adoption of Answer to Master Complaint re: 1 Complaint, Summons Issued. Document filed by Battery Park City Authority. (Flannery, John) (Entered: 10/16/2007) | |||
| 2007-11-19 | 11 | 0 | NOTICE of Adoption of Amended Answer. Document filed by Brookfield Financial Properties, L.P., WFP Tower A Co. G.P. Corp., Brookfield Financial Properties, Inc., WFP Tower A. Co. L.P.. (Smith, William) (Entered: 11/19/2007) | |||
| 2007-12-05 | 12 | 0 | NOTICE of Adoption of Answer to Master Complaint. Document filed by Verizon New York, Inc.. (Reisman, Michael) (Entered: 12/05/2007) | |||
| 2007-12-26 | 13 | 0 | NOTICE of ADOPTION. Document filed by Weston Solutions, Inc.. (Harrington, Jason) (Entered: 12/26/2007) | |||
| 2007-12-26 | 14 | 0 | NOTICE OF APPEARANCE by Jason Andrew Harrington on behalf of Weston Solutions, Inc. (Harrington, Jason) (Entered: 12/26/2007) | |||
| 2008-01-03 | 15 | 0 | NOTICE of NOTICE OF ADOPTION OF ANSWER TO MASTER COMPLAINT. Document filed by Grubb & Ellis Management Services, Inc.. (Leff, Richard) (Entered: 01/03/2008) | |||
| 2008-01-07 | 16 | 0 | ANSWER to Complaint with JURY DEMAND. Document filed by Board of Managers of Hudson View East Condominium, Hudson View East Condominium.(Nagler, Vincent) (Entered: 01/07/2008) | |||
| 2008-01-08 | 17 | 0 | NOTICE of Adoption of Answer to the Master Complaint. Document filed by Structure Tone Global Services, Inc.. (Attachments: # 1 Affidavit of Service)(Joyce, William) (Entered: 01/08/2008) | |||
| 2008-01-07 | 18 | 0 | STIPULATION AND ORDER OF DISCONTINUANCE that each claim, cross-claim, and counter-claim asserted by and against -Brookfield Properties Holdings Inc.- only, shall be discontinued without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation of discontinuance. (Signed by Judge Alvin K. Hellerstein on 1/3/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/08/2008) | |||
| 2008-01-10 | 19 | 0 | NOTICE of NOTICE OF ADOPTION OF ANSWER TO MASTER COMPLAINT. Document filed by AMG Realty Partners, LP. (Leff, Richard) (Entered: 01/10/2008) | |||
| 2008-01-18 | 20 | 0 | NOTICE OF APPEARANCE by Judith Rita Cohen on behalf of Merrill Lynch & Co., Inc. (Cohen, Judith) (Entered: 01/18/2008) | |||
| 2008-01-18 | 21 | 0 | NOTICE of Adoption of Answer to Master Complaint. Document filed by Merrill Lynch & Co., Inc.. (Cohen, Judith) (Entered: 01/18/2008) | |||
| 2008-01-24 | 22 | 0 | NOTICE of NOTICE OF ADOPTION OF ANSWER TO MASTER COMPLAINT. Document filed by RY Management Co., Inc.. (Leff, Richard) (Entered: 01/24/2008) | |||
| 2008-01-28 | 23 | 0 | STIPULATION OF DISCONTINUANCE AND COURT ORDER... that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the actions, the above actions listed on Schedule A are discontinued without prejudice as against The Bank of New York Mellon Corporation, as successor to The Bank of New York Company, Inc., The Bank of New York, One Wall Street Holding LLC, 4101 Austin Blvd. Corporation and The Bank of New York Trust Company, N.A., and as to the 130 Liberty Street locations only, without costs to either party as against the other... and as further set forth in said stipulation of discontinuance. (Signed by Judge Alvin K. Hellerstein on 1/28/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/29/2008) | |||
| 2008-02-06 | 24 | 0 | STIPULATION AND ORDER OF DISCONTINUANCE... that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the actions, the above actions listed on Schedule A are discontinued without prejudice against Verizon New York Inc., only, without costs to either party as against the other... and as further set forth in said stipulation and order. This Document relates to claims against Verizon New York Inc. only in: All Cases listed in Schedule A. (Signed by Judge Alvin K. Hellerstein on 2/6/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 02/07/2008) | |||
| 2008-02-07 | 25 | 0 | NOTICE OF APPEARANCE by John P. Cookson on behalf of Moody's Holdings, Inc. (Cookson, John) (Entered: 02/07/2008) | |||
| 2008-02-07 | 26 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 02/07/2008) | |||
| 2008-03-17 | 27 | 0 | STIPULATION. It is hereby stipulated and agreed by and between counsel for the parties in cases 07-8722, 07,5701, and 07,8721 that these cases which were filed by plaintiffs in 21mc100 are hereby transferred from 21mc100 to 21mc102 for all purposes. This Document also relates to 07-8722, 07-5701, 07-8721 as well as member cases for 21mc102. (Signed by Judge Alvin K. Hellerstein on 3/14/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al. (rjm) (Entered: 03/17/2008) | |||
| 2008-04-01 | 28 | 0 | (DUPLICATE) CASE MANAGEMENT ORDER NO. 5 (AMENDING THE MASTER COMPLAINT AND CHECK-OFF COMPLAINT). Leave is hereby granted for the filing of the First Amended Master Complaint and First Amended Check-Off Complaint in this Litigation... and as further set forth regarding the procedures to be followed that shall govern the handling of this Case Management Order No. 5. This Document Applies to All In Re World Trade Center Lower Manhattan Disaster Site Litigation. (Signed by Judge Alvin K. Hellerstein on 3/28/08) (Attachments: # 1 Exhibit A to Case Management Order # 5, # 2 Exhibit B to Case Management Order # 5) Filed in ALL Associated Cases: 1:21-mc-00102-AKH et al.(db) (Entered: 04/03/2008) | |||
| 2008-05-06 | 29 | 0 | CASE MANAGEMENT ORDER NO. 6 Regarding the procedures to be followed that shall govern the handling of this Case Management Order No. 6. (Signed by Judge Alvin K. Hellerstein on 5/6/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 05/07/2008) | |||
| 2008-05-22 | 30 | 0 | NOTICE OF APPEARANCE by John P. Cookson on behalf of Ambient Group Inc. (Cookson, John) (Entered: 05/22/2008) | |||
| 2008-05-22 | 31 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Ambient Group Inc.. (Cookson, John) (Entered: 05/22/2008) | |||
| 2008-05-27 | 32 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Tucker Anthony, Inc.. (Caputo, Ida) (Entered: 05/27/2008) | |||
| 2008-09-11 | 33 | 0 | SECOND NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 09/11/2008) | |||
| 2008-09-11 | 34 | 0 | NOTICE OF APPEARANCE by John P. Cookson on behalf of Moody's Holdings, Inc. (Cookson, John) (Entered: 09/11/2008) | |||
| 2008-09-24 | 35 | 0 | FIRST MOTION for Extension of Time to File Answer on behalf of William F. Collins Architects. Document filed by Syska and Hennessy.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Pollack, David) (Entered: 09/24/2008) | |||
| 2008-09-30 | 36 | 0 | NOTICE OF APPEARANCE by Abbie Lynn Eliasberg Fuchs on behalf of Clayton Environmental Consultants (Eliasberg Fuchs, Abbie) (Entered: 09/30/2008) | |||
| 2008-09-30 | 37 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Clayton Environmental Consultants. (Eliasberg Fuchs, Abbie) (Entered: 09/30/2008) | |||
| 2008-10-27 | 38 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Ann Taylor Stores Corporation. (Joyce, William) (Entered: 10/27/2008) | |||
| 2008-10-28 | 39 | 0 | NOTICE OF CHANGE OF ADDRESS by Kevin Gerard Horbatiuk on behalf of The Board of Managers of The One Liberty Plaza Condominium BFP One Liberty Plaza Co. LLC. New Address: Russo, Keane & Toner, LLP, 33 Whitehall Street, 16th Floor, New York, New York, USA 10004, 212-482-0001. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Horbatiuk, Kevin) (Entered: 10/28/2008) | |||
| 2008-11-07 | 40 | 0 | STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motions to Dismiss the First Amended Master Complaint by Syska Hennessy Group, Inc. and William F. Collins, AlA Architects, LLP, filed and served on October 31, 2008, originally set for November 14, 2008, shall be and hereby is extended for 60 days, and thus shall be filed and served on or before Tuesday, January 13,2009 with defendants' Reply papers to be tiled and served on or before Thursday February 12, 2009., Set Deadlines/Hearing as to (2997 in 1:21-mc-00102-AKH) MOTION to Dismiss the First Amended Master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)., (2993 in 1:21-mc-00102-AKH) MOTION to Dismiss the First Amended master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). MOTION to Dismiss the First Amended master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). :( Responses due by 1/13/2009, Replies due by 2/12/2009.). Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 11/7/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 11/07/2008) | |||
| 2008-12-03 | 41 | 0 | STIPULATION AND ORDER SUBSTITUTING COUNSEL. IT IS HEREBY STIPULATED AND AGREED THAT Cozen O'Connor, with offices at 45 Broadway Atrium, 16th Floor, New York, New York 10006, telephone number (212) 509-9400, be substituted as counsel of record for defendant TRC Engineers, Inc. in the above-entitled action in the place and stead of the undersigned attorneys. This document applies to All Cases in the World Trade Center Lower Manhattan Disaster Site Litigation in which TRC Engineers, Inc. is a defendant., Motions terminated: (2930 in 1:21-mc-00102-AKH) CONSENT MOTION to Substitute Attorney. Old Attorney: Whiteman Osterman & Hanna, LLP, New Attorney: Cozen O'Connor. filed by TRC Engineers, Inc. (Signed by Judge Alvin K. Hellerstein on 12/3/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 12/03/2008) | |||
| 2008-12-29 | 42 | 0 | STIPULATION AND ORDER OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the individual actions listed in Schedule A, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled actions be, and the same hereby are discontinued without prejudice as against defendant, Ambient Group, Inc., only, without costs to either party as against the other. IT IS FURTHER STIPULATED AND AGREED, that should facts or circumstances derived from future discovery, or otherwise, come to light that indicate a relationship to the litigation and a basis of a claim against the defendant for whom this Stipulation is being entered, and/or should it come to light that the information provided by said defendant in support of its request of discontinuance at this time, be discerned in the future to have been inaccurate, false or misleading, plaintiff may re-assert its claim against said defendant by motion, stipulation or otherwise, and without the necessity of additional service of process, and in no event will said defendant raise any state of limitations defense other than as may have been asserted based upon the date of filing of the original action, at the time that the action was originally commenced against said defendant. This stipulation may be filed without further notice with the Clerk of the Court and defendant will obtain, if necessary, any Judicial "So Order" of this Stipulation and any other signatory, if necessary. This order relates to claims against Ambient Group, Inc. pertaining only to 170 Broadway, New York, New York in all cases listed in Schedule A. Ambient Group Inc. terminated. Also Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 12/29/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 12/30/2008) | |||
| 2008-12-30 | 43 | 0 | ORDER DIRECTING PRODUCTION OF VICTIMS COMPENSATION FUND RECORDS... ORDERED that, pursuant to 5 U.S.C. § 552a(b)(11), the USDOJ shall cooperate and make all reasonable efforts to make available and produce the VCF Claimant List. For every individual who has submitted an application and other material to the VCF seeking compensation for death or personal injury, the VCF Claimant List will set forth the claimant's and/or decedent's full name; and it is FURTHER ORDERED that, upon receipt of the VCF Claimant List from USDOJ, the Parties shall, upon request, provide copies of same to any other Co-Liaison Counsel in both 21 MC 100, 21 MC 102 and 21 MC103 matters; and it is FURTHER ORDERED that, the VCF Claimant List produced by the USDOJ to the Parties under this Order shall be held in the strictest confidence, used only for purposes of the above-captioned litigations, not divulged to any third party, either in whole or in part, without the express written permission of this Court, and not filed with the Court unless under seal or with the Court's express written permission; and it is FURTHER ORDERED that, upon final resolution of all matters contained within the 21 MC 100, 21 MC 102, and 21 MC 103 litigations, the VCF Claimant List produced by the USDOJ to any party's counsel under this Order, shall be returned to the USDOJ within ninety (90) days or destroyed. This Document applies to All World Trade Center Disaster Site Litigation. Also applies to 21mc 100, 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 12/30/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 12/30/2008) | |||
| 2008-12-30 | 44 | 0 | ORDER DIRECTING PRODUCTION OF VICTIMS COMPENSATION FUND RECORDS... ORDERED that, pursuant to 5 U.S.C. § 552a(b)(11), the USDOJ shall cooperate and make all reasonable efforts to make available and produce the VCF Claimant List. For every individual who has submitted an application and other material to the VCF seeking compensation for death or personal injury, the VCF Claimant List will set forth the claimant's and/or decedent's full name; and it is FURTHER ORDERED that, upon receipt of the VCF Claimant List from USDOJ, the Parties shall, upon request, provide copies of same to any other Co-Liaison Counsel in both 21 MC 100, 21 MC 102 and 21 MC103 matters; and it is FURTHER ORDERED that, the VCF Claimant List produced by the USDOJ to the Parties under this Order shall be held in the strictest confidence, used only for purposes of the above-captioned litigations, not divulged to any third party, either in whole or in part, without the express written permission of this Court, and not filed with the Court unless under seal or with the Court's express written permission; and it is FURTHER ORDERED that, upon final resolution of all matters contained within the 21 MC 100, 21 MC 102, and 21 MC 103 litigations, the VCF Claimant List produced by the USDOJ to any party's counsel under this Order, shall be returned to the USDOJ within ninety (90) days or destroyed. This Document applies to All World Trade Center Disaster Site Litigation. Also applies to 21mc 100, 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 12/30/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 12/30/2008) | |||
| 2009-01-06 | 45 | 0 | STIPULATION AND ORDER Consent to Change Attorney. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendants, ACTA Realty Corp. and 25 Broadway Office Properties, LLC, in the above-captioned action as of this date, in place and instead of Donovan Hatem LLP. Attorney David M. Pollack for 25 Broadway Office Properties LLC, ACTA Realty Corp. added. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER DISASTER SITE LITIGATION. Also Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/5/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/06/2009) | |||
| 2009-01-06 | 46 | 0 | CONSENT TO CHANGE ATTORNEY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendant SYSKA HENNESSY GROUP, Inc. s/h/a SYSKA AND HENNESSY in the above-captioned action as of this date, in place and instead of Donovan Hatem LLP.THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER DISASTER SITE LITIGATION. Also Relates to 21mc102, 21mc103. Attorney David M. Pollack for Syska and Hennesy added. (Signed by Judge Alvin K. Hellerstein on 1/5/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/07/2009) | |||
| 2009-01-07 | 47 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel that the Defendant's William F. Collins, AIA Architects LLP, Motion to Dismiss the First Amended Master Complaint, filed and served on October 31, 2008. is amended to include the new and/or amended complaints listed in the attached service riders, as well as any future new and/or amended complaints served upon William F. Collins, AIA Architects, LLP. This Document Applies to All World Trade Center Lower Manhattan Disaster Site Litigation. Also 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/08/2009) | |||
| 2009-01-07 | 48 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel that the Defendant's Syska Hennessy Group, Inc., Motion to Dismiss the First Amended Master Complaint, filed and served on October 31, 2008. is amended to include the new and/or amended complaints listed in the attached service riders, as well as any future new and/or amended complaints served upon Syska Hennessy Group, Inc. This Document Applies to All World Trade Center Lower Manhattan Disaster Site Litigation. Also 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/08/2009) | |||
| 2009-01-13 | 49 | 0 | CONSENT TO CHANGE ATTORNEY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendant WILLIAM F. COLLINS, AIA ARCHITECTS. LLP i/s/h/a WILLIAM F. COLLINS ARCHITECTS in the above~captioned action as of this date, in place and instead of Donovan Hatem LLP. Attorney David M. Pollack for William F. Collins, William F. Collins Architects, added. This Document relates to All World Trade Center Disaster Site Litigation. Also Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/13/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 01/13/2009) | |||
| 2009-02-26 | 50 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the defendant's time to reply to plaintiffs' opposition to the Motion to Dismiss the First Amended Master Complaint by Syska Hennessy Group, Inc., filed and served on October 31, 2008, and originally set for February 24, 2009 shall be and hereby is extended for an additional 7 days, and thus shall be filed and served on or before Tuesday, March 3, 2009. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION. (Signed by Judge Alvin K. Hellerstein on 2/26/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 02/26/2009) | |||
| 2009-02-26 | 51 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the defendant's time to reply to plaintiffs' opposition to the Motion to Dismiss the First Amended Master Complaint by William F. Collins, AIA Architects, LLP, filed and served on October 31, 2008, and originally set for February 24, 2009 shall be and hereby is extended for an additional 7 days, and thus shall be filed and served on or before Tuesday, March 3, 2009. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION. (Signed by Judge Alvin K. Hellerstein on 2/25/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 02/27/2009) | |||
| 2009-03-10 | 52 | 0 | STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL by and between the undersigned, that the firm of Faust Goetz, Two Rector Street, New York, New York 10006 be substituted as counsel of record for defendant Battery Park City Authority in the cases set forth on Schedule A hereto (with Respect to the claims therein involving One World Financial Center (200 Liberty Street) in place and stead of Wilson, Elser, Moskowiu, Edelman & Dicker LLP. (Signed by Judge Alvin K. Hellerstein on 3/10/2009) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jmi) (Entered: 03/12/2009) | |||
| 2009-03-20 | 53 | 0 | NOTICE OF APPEARANCE by Salvatore J. Calabrese on behalf of HILLMANN ENVIRONMENTAL GROUP, LLC (Calabrese, Salvatore) (Entered: 03/20/2009) | |||
| 2009-04-02 | 54 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Tellabs Operations Inc.. (Flannery, John) (Entered: 04/02/2009) | |||
| 2009-04-06 | 55 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Abscope Environmental, Inc.. (Gallagher, Timothy) (Entered: 04/06/2009) | |||
| 2009-05-14 | 56 | 0 | MOTION to Dismiss Plaintiff's Complaints (Part 1 of 4). Document filed by Battery Park City Authority. (Attachments: # 1 Exhibit Exhibit A to the Affirmation In Support)Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Avila, Allyson) (Entered: 05/14/2009) | |||
| 2009-05-14 | 57 | 0 | MEMORANDUM OF LAW in Support re: (32 in 1:06-cv-15084-AKH, 56 in 1:07-cv-00060-AKH, 50 in 1:07-cv-00057-AKH, 43 in 1:06-cv-15116-AKH, 33 in 1:06-cv-14824-AKH, 38 in 1:07-cv-00061-AKH, 3242 in 1:21-mc-00102-AKH, 30 in 1:06-cv-15118-AKH) MOTION to Dismiss. The Plaintiff's Complaints Against Battery Park City Authority (Part 1 of 4). Document filed by Battery Park City Authority. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Avila, Allyson) (Entered: 05/14/2009) | |||
| 2009-05-20 | 58 | 0 | MOTION to Dismiss Plaintiff's Complaints (Part 1 of 4). Document filed by Battery Park City Authority.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Avila, Allyson) (Entered: 05/20/2009) | |||
| 2009-05-20 | 59 | 0 | AFFIRMATION of John M. Flannery, Esq. in Support re: (18 in 1:06-cv-04884-AKH, 60 in 1:06-cv-01786-AKH, 44 in 1:06-cv-10237-AKH, 34 in 1:06-cv-15084-AKH, 3257 in 1:21-mc-00102-AKH, 83 in 1:06-cv-04171-AKH, 53 in 1:05-cv-01104-AKH, 58 in 1:06-cv-01340-AKH, 45 in 1:06-cv-15116-AKH, 157 in 1:05-cv-01093-AKH, 31 in 1:06-cv-09674-AKH, 31 in 1:06-cv-03846-AKH, 49 in 1:06-cv-01032-AKH, 15 in 1:06-cv-14047-AKH, 31 in 1:05-cv-10741-AKH, 79 in 1:06-cv-02527-AKH, 28 in 1:06-cv-04376-AKH, 29 in 1:06-cv-06233-AKH, 38 in 1:06-cv-12772-AKH, 87 in 1:06-cv-01521-AKH, 44 in 1:05-cv-01636-AKH, 62 in 1:06-cv-08278-AKH, 66 in 1:06-cv-13166-AKH, 78 in 1:05-cv-06269-AKH, 45 in 1:06-cv-14623-AKH, 76 in 1:06-cv-06814-AKH, 56 in 1:06-cv-13787-AKH, 50 in 1:06-cv-03422-AKH, 16 in 1:06-cv-08853-AKH, 40 in 1:07-cv-00061-AKH, 64 in 1:06-cv-01513-AKH, 38 in 1:06-cv-07913-AKH, 89 in 1:06-cv-02748-AKH, 40 in 1:05-cv-01272-AKH, 44 in 1:06-cv-13211-AKH, 52 in 1:05-cv-01260-AKH, 10 in 1:06-cv-14139-AKH, 57 in 1:06-cv-12826-AKH, 31 in 1:06-cv-07912-AKH, 59 in 1:06-cv-13703-AKH, 53 in 1:06-cv-14741-AKH, 58 in 1:07-cv-00060-AKH, 64 in 1:05-cv-05666-AKH, 30 in 1:06-cv-07911-AKH, 100 in 1:05-cv-01691-AKH, 53 in 1:06-cv-06521-AKH, 18 in 1:05-cv-01379-AKH, 37 in 1:06-cv-04885-AKH, 78 in 1:06-cv-01649-AKH, 46 in 1:05-cv-01198-AKH, 40 in 1:06-cv-02813-AKH, 42 in 1:06-cv-06234-AKH, 29 in 1:06-cv-13784-AKH, 46 in 1:06-cv-01341-AKH, 41 in 1:05-cv-02501-AKH, 72 in 1:06-cv-14554-AKH, 25 in 1:06-cv-03932-AKH, 61 in 1:06-cv-02884-AKH, 95 in 1:06-cv-05319-AKH, 13 in 1:06-cv-12425-AKH, 105 in 1:06-cv-05323-AKH, 68 in 1:06-cv-13168-AKH, 35 in 1:06-cv-14619-AKH, 27 in 1:06-cv-02814-AKH, 52 in 1:07-cv-00057-AKH, 51 in 1:06-cv-05289-AKH, 32 in 1:06-cv-15118-AKH, 35 in 1:06-cv-14824-AKH, 162 in 1:05-cv-01091-AKH, 46 in 1:05-cv-01675-AKH, 46 in 1:06-cv-13702-AKH) MOTION to Dismiss.. Document filed by Battery Park City Authority. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Avila, Allyson) (Entered: 05/20/2009) | |||
| 2009-05-20 | 60 | 0 | MEMORANDUM OF LAW in Support re: (60 in 1:06-cv-01786-AKH, 44 in 1:06-cv-10237-AKH, 34 in 1:06-cv-15084-AKH, 3257 in 1:21-mc-00102-AKH, 83 in 1:06-cv-04171-AKH, 53 in 1:05-cv-01104-AKH, 58 in 1:06-cv-01340-AKH, 45 in 1:06-cv-15116-AKH, 157 in 1:05-cv-01093-AKH, 31 in 1:06-cv-09674-AKH, 31 in 1:06-cv-03846-AKH, 49 in 1:06-cv-01032-AKH, 15 in 1:06-cv-14047-AKH, 31 in 1:05-cv-10741-AKH, 79 in 1:06-cv-02527-AKH, 26 in 1:06-cv-14496-AKH, 38 in 1:06-cv-11892-AKH, 28 in 1:06-cv-04376-AKH, 29 in 1:06-cv-06233-AKH, 38 in 1:06-cv-12772-AKH, 87 in 1:06-cv-01521-AKH, 44 in 1:05-cv-01636-AKH, 62 in 1:06-cv-08278-AKH, 66 in 1:06-cv-13166-AKH, 33 in 1:06-cv-02220-AKH, 20 in 1:06-cv-12120-AKH, 78 in 1:05-cv-06269-AKH, 45 in 1:06-cv-14623-AKH, 76 in 1:06-cv-06814-AKH, 56 in 1:06-cv-13787-AKH, 50 in 1:06-cv-03422-AKH, 16 in 1:06-cv-08853-AKH, 40 in 1:07-cv-00061-AKH, 64 in 1:06-cv-01513-AKH, 38 in 1:06-cv-07913-AKH, 89 in 1:06-cv-02748-AKH, 40 in 1:05-cv-01272-AKH, 44 in 1:06-cv-13211-AKH, 52 in 1:05-cv-01260-AKH, 10 in 1:06-cv-14139-AKH, 57 in 1:06-cv-12826-AKH, 31 in 1:06-cv-07912-AKH, 59 in 1:06-cv-13703-AKH, 53 in 1:06-cv-14741-AKH, 45 in 1:06-cv-11532-AKH, 58 in 1:07-cv-00060-AKH, 64 in 1:05-cv-05666-AKH, 30 in 1:06-cv-07911-AKH, 100 in 1:05-cv-01691-AKH, 24 in 1:06-cv-11647-AKH, 53 in 1:06-cv-06521-AKH, 18 in 1:05-cv-01379-AKH, 78 in 1:06-cv-01649-AKH, 46 in 1:05-cv-01198-AKH, 40 in 1:06-cv-02813-AKH, 42 in 1:06-cv-06234-AKH, 29 in 1:06-cv-13784-AKH, 46 in 1:06-cv-01341-AKH, 41 in 1:05-cv-02501-AKH, 72 in 1:06-cv-14554-AKH, 25 in 1:06-cv-03932-AKH, 61 in 1:06-cv-02884-AKH, 13 in 1:06-cv-12425-AKH, 68 in 1:06-cv-13168-AKH, 35 in 1:06-cv-14619-AKH, 27 in 1:06-cv-02814-AKH, 52 in 1:07-cv-00057-AKH, 32 in 1:06-cv-15118-AKH, 35 in 1:06-cv-14824-AKH, 162 in 1:05-cv-01091-AKH, 46 in 1:05-cv-01675-AKH, 46 in 1:06-cv-13702-AKH, 71 in 1:06-cv-11534-AKH, 60 in 1:06-cv-12341-AKH, 27 in 1:06-cv-10823-AKH) MOTION to Dismiss. against Battery Park City Authority. Document filed by Battery Park City Authority. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Avila, Allyson) (Entered: 05/20/2009) | |||
| 2009-05-20 | 61 | 0 | ORDER. That the Defendant's motion to have Thomas R. Harrington, Esquire admitted to practice law in the United States District Court for the Southern District of New York pro hac vice in connection with the above-captioned case is GRANTED. Counsel is directed to immediately apply for an ECF password at www.nysd.uscourts.gov and shall forward the pro hac vice fee to the Clerk of the Court. THIS DOCUMENT APPLIES TO ALL CASES IN THE WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION IN WHICH AIG REALTY, INC., AMERICAN INTERNATIONAL GROUP, INC. AND AMERICAN INTERNATIONAL REALTY CORP. IS A DEFENDANT. Relates to 21mc102, 21mc103. granting (3250 in Case No. 21mc102) Motion for Thomas R. Harrington to Appear Pro Hac Vice in case 1:21-mc-00102-AKH. (Signed by Judge Alvin K. Hellerstein on 5/19/09). Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 05/21/2009) | |||
| 2009-05-28 | 62 | 0 | STIPULATION AND ORDER, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motion to Dismiss Plaintiffs' Complaints on behalf of the Battery Park City Authority, filed and served on May 14, 2009, originally set for May 28, 2009, shall be and hereby is extended for 21 days, and thus shall be filed and served on or before Friday, June 19, 2009. SO ORDERED ( Responses due by 6/19/2009) (Signed by Judge Alvin K. Hellerstein on 5/28/2009) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jmi) (Entered: 05/29/2009) | |||
| 2009-06-15 | 63 | 0 | FIRST NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by HILLMANN ENVIRONMENTAL GROUP, LLC. (Calabrese, Salvatore) (Entered: 06/15/2009) | |||
| 2009-07-08 | 64 | 0 | STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the Defendant, Battery Park City Authority's time to submit a Reply to its Motion to Dismiss Complaint which was filed and served on May 14, 2009, shall be and hereby is extended until July 24, 2009. (Signed by Judge Alvin K. Hellerstein on 7/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 07/09/2009) | |||
| 2009-07-24 | 65 | 0 | MEMO ENDORSEMENT ON NOTICE OF MOTION for Sanctions against the Worby Groner Edelman & Napoli Bern, LLP Firm in case 1:04-cv-05338-AKH; denying (3450) Motion for Sanctions in case 1:21-mc-00102-AKH. ENDORSEMENT: Motion for sanctions is denied. There has been no showing that a ruling in 21 MC 100 is applicable to litigation in 21 MC 102 or 21 MC 103. Defendants may consider filing a motion for injunction against plaintiff's splitting essentially the same courses of action: suing some defendants in federal court, and other defendants in state court. An Order to Show Course may be presented immediately following the oral arguments scheduled to be heard 7/28/09. (Signed by Judge Alvin K. Hellerstein on 7/24/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) (Entered: 07/27/2009) | |||
| 2009-07-30 | 66 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by William F. Collins Architects. (Pollack, David) (Entered: 07/30/2009) | |||
| 2009-08-10 | 67 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Syska and Hennessy. (Pollack, David) (Entered: 08/10/2009) | |||
| 2010-02-02 | 68 | 0 | STIPULATION OF DISCONTINUANCE AND ORDER OF DISMISSAL AS TO ABSCOPE ENVIRONMENTAL INC. This order relates to: Cases listed in Exhibit A. IT IS HEREBY STIPULATED, CONSENTED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above-titled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued without prejudice as against defendant ABSCOPE ENVIRONMENTAL INC. only, without costs to either party as against the other... and as further set forth. (Signed by Judge Alvin K. Hellerstein on 1/27/10) (rjm) (Entered: 02/04/2010) | |||
| 2010-02-26 | 69 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Nomura Holding America, Inc., Nomura Securities International, Inc.. (Ferraro, Kristy) (Entered: 02/26/2010) | |||
| 2010-02-26 | 70 | 0 | NOTICE OF APPEARANCE by Kristy Marie Ferraro on behalf of Nomura Holding America, Inc., Nomura Securities International, Inc. (Ferraro, Kristy) (Entered: 02/26/2010) | |||
| 2010-02-26 | 71 | 0 | NOTICE OF APPEARANCE by Kristy Marie Ferraro on behalf of Nomura Holding America, Inc., Nomura Securities International, Inc. (Ferraro, Kristy) (Entered: 02/26/2010) | |||
| 2010-02-26 | 72 | 0 | NOTICE OF APPEARANCE by Kristy Marie Ferraro on behalf of Nomura Holding America, Inc., Nomura Securities International, Inc. (Ferraro, Kristy) (Entered: 02/26/2010) | |||
| 2010-02-26 | 73 | 0 | FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nomura Holding America, Inc., Nomura Securities International, Inc..(Ferraro, Kristy) Modified on 3/1/2010 (kw). (Entered: 02/26/2010) | |||
| 2010-03-12 | 74 | 0 | NOTICE OF APPEARANCE by Jill Suzanne Taylor on behalf of Nomura Holding America, Inc., Nomura Securities International, Inc. (Taylor, Jill) (Entered: 03/12/2010) | |||
| 2010-03-12 | 75 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nomura Holding America, Inc., Nomura Securities International, Inc..(Taylor, Jill) (Entered: 03/12/2010) | |||
| 2010-03-12 | 76 | 0 | NOTICE OF APPEARANCE by Howard F. Strongin on behalf of Nomura Holding America, Inc., Nomura Securities International, Inc. (Strongin, Howard) (Entered: 03/12/2010) | |||
| 2010-05-03 | 77 | 0 | STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the firm of Dickstein Shapiro LLP, 1633 Broadway, New York, New York, 10019 be substitution as counsel of record for defendant Battery Park City Authority in the cases set forth on Schedule A hereto (with respect to the claims therein involving Two World Financial Center (225 Liberty Street) and/or Four World Financial Center (250 Vesey Street)), in place and stead of Wilson, Elser, Moskowitz, Edelman & Dicker LLP. Relates to All Cases on Schedule A. (Signed by Judge Alvin K. Hellerstein on 5/3/10) (rjm) (Entered: 05/10/2010) | |||
| 2010-08-12 | 78 | 0 | ORDER SETTING STATUS CONFERENCE: Status Conference set for 8/19/2010 at 03:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 8/9/2010) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo) (Entered: 08/12/2010) | |||
| 2010-08-30 | 79 | 0 | STIPULATION: It is hereby sitpulated and agreed by and between the parties, that with respect to the actions listed "Schedule A" attached hereto, that each claim, cross-claim and counter-claim asserted by and against Defendant Pinnacle Environmental Corp., only as to the claims being made as to the premises identified in the First Amended Master Complaint and individual; Check-off Complaint as 140 West Street, New York, NY 1007, shall be and are hereby discontinued without prejudice and without costs as to any party against the other. It is further stipulated and agreed that upon Amended Master Complaint and Amended Form Check-Off Complaint, Plaintiffs will remove all references to Defendant Pinnacle Environmental Corp. with regard to 140 West Street, New York, NY 10007. (Signed by Judge Alvin K. Hellerstein on 8/30/2010) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo) (Entered: 10/05/2010) | |||
| 2007-05-25 | 80 | 0 | AMENDED COMPLAINT amending 1 Complaint against AMG Realty Partners, LP, Ann Taylor Stores Corporation, Battery Park City Authority, Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Clayton Environmental Consultants, Grubb & Ellis Management Services, Inc., Merrill Lynch & Co., Inc., Moody's Holdings, Inc., Moody's Holdings, Inc., Nomura Holding America, Inc., Nomura Securities International, Inc., RY Management Co., Inc., Structure Tone Global Services, Inc., Syska and Hennessy, Tellabs Operations Inc., Tucker Anthony, Inc., Verizon New York, Inc., WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., Weston Solutions, Inc., William F. Collins Architects with JURY DEMAND.Document filed by Angel Avila, Ammsy Avila. Related document: 1 Complaint filed by Ammsy Avila, Angel Avila.(mbe) (Entered: 10/26/2010) | |||
| 2007-09-20 | 81 | 0 | AMENDED COMPLAINT amending 80 Amended Complaint against AMG Realty Partners, LP, Ann Taylor Stores Corporation, Battery Park City Authority, Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Clayton Environmental Consultants, Grubb & Ellis Management Services, Inc., Merrill Lynch & Co., Inc., Moody's Holdings, Inc., Moody's Holdings, Inc., Nomura Holding America, Inc., Nomura Securities International, Inc., RY Management Co., Inc., Structure Tone Global Services, Inc., Syska and Hennessy, Tellabs Operations Inc., Tucker Anthony, Inc., Verizon New York, Inc., WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., Weston Solutions, Inc., William F. Collins Architects with JURY DEMAND.Document filed by Angel Avila, Ammsy Avila. Related document: 80 Amended Complaint filed by Ammsy Avila, Angel Avila.(mbe) (Entered: 10/26/2010) | |||
| 2010-11-03 | 82 | 0 | ORDER ADJOURNING STATUS CONFERENCE 11/18/10 Status Conference reset for 12/3/2010 at 01:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/3/10) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(cd) (Entered: 11/03/2010) | |||
| 2008-04-29 | 83 | 0 | SECOND AMENDED COMPLAINT BY ADOPTION/CHECK-OFF COMPLAINT Related to the Master Complaint 81 Amended Complaint,,, against AMG Realty Partners, LP, Abscope Environmental, Inc., Ambient Group Inc., Ann Taylor Stores Corporation, Battery Park City Authority, Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Clayton Environmental Consultants, Grubb & Ellis Management Services, Inc., Merrill Lynch & Co., Inc., Moody's Holdings, Inc., Moody's Holdings, Inc., Nomura Holding America, Inc., Nomura Securities International, Inc., RY Management Co., Inc., Structure Tone Global Services, Inc., Syska and Hennessy, Tellabs Operations Inc., Tucker Anthony, Inc., Verizon New York, Inc., WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., Weston Solutions, Inc., William F. Collins Architects with JURY DEMAND.Document filed by Angel Avila, Ammsy Avila. Related document: 81 Amended Complaint,,, filed by Ammsy Avila, Angel Avila.(ama) (Entered: 11/04/2010) | |||
| 2010-12-29 | 84 | 0 | ORDER: On June 23, 2010, I entered Case Management Order Nos. 10, 7, and 2 in the 21 MC 100, 21 MC 102, and 21 MC 103 Consolidated Master Dockets, respectively. On October 27, 2010, I extended the potential expiration date of all three Case Management Orders to December 21, 2010. For the reasons stated on the record at the conference held on December 22, 2010, I hereby extend the December 21, 2010 deadline to February 2, 2011. (Signed by Judge Alvin K. Hellerstein on 12/28/10) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(db) (Entered: 12/29/2010) | |||
| 2011-01-20 | 85 | 0 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James E. Tyrrell, Jr. dated 1/19/2011 re: Requesting an extension of time to object to the terms contained in the Order Accepting Report of Special Counsel and Providing for Effectiveness of Settlement. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/20/2011) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo) (Entered: 01/20/2011) | |||
| 2011-06-22 | 86 | 0 | ORDER APPROVING SETTLEMENT WITH TAYLOR RECYCLING AND DISMISSING CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE: The Court has been advised that Plaintiffs' Liaison Counsel, Worby Groner Edelman & Napoli Bern, LLP, and counsel for Taylor Recycling, LLP, have reached a settlement of all claims against Taylor Recycling in the above-captioned cases. The Court has received a pair of stipulations to dismiss settled cases. I rule as follows. The Settlement with Taylor Recycling is Fair and Reasonable, and the Claims of the 1,802 Plaintiffs who Filed Proper Settlement Paperwork is Endorsed. The Complaints of 26 Derivative Plaintiffs who Alleged Claims Against Taylor Recycling, but who did not File Proper Settlement Paperwork, Are Dismissed Involuntarily for Failure to Prosecute. A group of Plaintiffs who had to cure their paperwork held claims against Taylor Recycling. I have been informed that 26 of these Plaintiffs have not cured the defects in their paperwork. Accordingly, I dismiss the complaints of these 26 Plaintiffs for failure to prosecute under Federal Rule of Civil Procedure 41(b). The dismissals are with prejudice. The list of 26 Plaintiffs is attached to this Order. One final point deserves notice. Plaintiffs' Liaison Counsel submitted a proposed stipulation dismissing these 26 Plaintiffs, which suggests the dismissals are voluntary, that is, specifically requested by each such Plaintiff. It seems that this is not the case. Liaison Counsel's stipulation and proposed order of dismissal is rejected, and is being returned. (Signed by Judge Alvin K. Hellerstein on 6/21/2011) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo) (Entered: 06/22/2011) | |||
| 2011-08-25 | 87 | 0 | TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) (Entered: 08/25/2011) | |||
| 2011-08-26 | 88 | 0 | TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) (Entered: 08/26/2011) | |||
| 2011-08-29 | 89 | 0 | MEMO-ENDORSEMENT: re: in case 1:04-cv-05338-AKH; denying (4073) Motion for Reconsideration in case 1:21-mc-00102-AKH. ENDORSEMENT: The motion is denied. These law suits, approximately 2,000 in number, cannot be prosecuted effectively unless liaison counsels direct costs are equitably shared on a current basis. My order of August 19, 2011 so provides. Movants argument based on consensus and inequitable and partial sharing is rejected. (Signed by Judge Alvin K. Hellerstein on 8/29/11) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(pl) (Entered: 08/30/2011) | |||
| 2011-09-15 | 90 | 0 | TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) (Entered: 09/15/2011) | |||
| 2012-10-25 | 91 | 0 | STIPULATION OF DISCONTINUANCE AS TO DEFENDANT, GRUBB & ELLIS MANAGEMENT SERVICES, INC. ONLY FOR THE CASES LISTED IN THE ATTACHED "EXHIBIT A":IT IS HEREBY STIPULATED AND AGREED by and between the undersigned for the parties in the cases listed in the attached exhibit, that whereas no party herein is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of this action and based on the representation of the within defendant, and to the extent of Plaintiff(s) can so Stipulate that each claim, cross-claim and counter-claim asserted by and against defendant GRUBB & ELLIS MANAGEMENT SERVICES,INC. only as to the claims being made as to the premises located at 99 Church Street, New York, New York for the cases listed in the attached exhibit shall be and the same hereby are discontinued with without prejudice without costs to any party as against the other. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/25/2012) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(ama) (Entered: 10/26/2012) | |||
| 2012-12-13 | 92 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/7/2013. Redacted Transcript Deadline set for 1/17/2013. Release of Transcript Restriction set for 3/18/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 12/13/2012) | |||
| 2012-12-13 | 93 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 12/13/2012) | |||
| 2013-01-02 | 94 | 0 | PROTECTIVE ORDER NO. 1 GOVERNING THE DISCLOSURE OF CONFIDENTIAL INFORMATION AND CONFIDENTIAL INSURANCE INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Alvin K. Hellerstein on 1/2/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(djc) (Entered: 01/03/2013) | |||
| 2013-01-23 | 95 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/26/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 01/23/2013) | |||
| 2013-01-28 | 96 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/22/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/2/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 01/28/2013) | |||
| 2013-03-08 | 97 | 0 | NOTICE OF SUBSTITUTION: Please take notice, that McGivney & Kluger, P.C. 80 Broad Street, 23rd Floor, New York, New York 10004, has been substituted as counsel in place and stead of Callan, Koster, Brady & Brennan, LLP. as attorneys for defendants Hudson View East Condominium and Board of Managers of the Hudson View East Condominium in the 21 MC 102 Docket for the Civil Action Numbers listed in Exhibit "A" attached hereto. So Ordered (Signed by Judge Alvin K. Hellerstein on 3/7/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(js) (Entered: 03/08/2013) | |||
| 2013-03-22 | 98 | 0 | ORDER REGULATING DISCOVERY AND TRIALS OF GROUP I AND GROUP II SELECTED CASES: Deposition due by 1/31/2014., Fact Discovery due by 8/30/2013., Motions due by 2/24/2014., Pretrial Order due by 4/17/2014., Responses due by 3/17/2014., Replies due by 3/31/2014., ( Status Conference set for 4/18/2013 at 03:00 PM before Judge Alvin K. Hellerstein.) Any and all objections or comments to this Order must be made at the conference now scheduled for April 18, 2013, 3:00 p.m. (Signed by Judge Alvin K. Hellerstein on 3/21/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(lmb) (Entered: 03/25/2013) | |||
| 2013-04-12 | 99 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2013. Redacted Transcript Deadline set for 5/16/2013. Release of Transcript Restriction set for 7/15/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 04/12/2013) | |||
| 2013-05-06 | 100 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) (Entered: 05/06/2013) | |||
| 2013-05-21 | 101 | 0 | STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the Plaintiffs' Motion to Compel Defendant NYSE Euronext to appear for depositions, that was filed and served on May 14, 2013 is resolved as follows: Defendant NYSE Euronext will produce Antoine P. Sultana, Managing Director, Global Real Estate and Corporate Services, for a deposition pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on June 3, 2013 at 10:00 AM at a location to be agreed upon by the parties. This deposition will continue day to day until completed. Plaintiffs' Motion to Compel Defendant NYSE Euronext to appear for depositions, that was filed and served on May 14, 2013 is withdrawn without prejudice. (Signed by Judge Alvin K. Hellerstein on 5/20/2013). Filed In Associated Cases: 1:21-mc-00102-AKH et al. (rjm) (Entered: 05/22/2013) | |||
| 2013-05-31 | 102 | 0 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motion to Dismiss Plaintiffs' claims for failure to prosecute, filed and served on May 24, 2013, originally set for June 7, 2013, shall be and hereby extended for 7 days, and thus shall be filed and served on or before Friday, June 14, 2013. The Defendants Reply papers shall be filed and served on or before Friday June 21, 2013., ( Responses due by 6/14/2013., Replies due by 6/21/2013.) (Signed by Judge Alvin K. Hellerstein on 5/31/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(lmb) (Entered: 05/31/2013) | |||
| 2014-03-05 | 103 | 0 | FIRST MOTION for Summary Judgment. Document filed by Structure Tone Global Services, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Joyce, William) (Entered: 03/05/2014) | |||
| 2014-03-05 | 104 | 0 | FIRST MEMORANDUM OF LAW in Support re: 103 FIRST MOTION for Summary Judgment.. Document filed by Structure Tone Global Services, Inc.. (Joyce, William) (Entered: 03/05/2014) | |||
| 2014-03-05 | 105 | 0 | RULE 56.1 STATEMENT. Document filed by Structure Tone Global Services, Inc.. (Joyce, William) (Entered: 03/05/2014) | |||
| 2014-03-06 | 106 | 0 | AFFIDAVIT of William Joyce in Support re: 103 FIRST MOTION for Summary Judgment.. Document filed by Structure Tone Global Services, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Joyce, William) (Entered: 03/06/2014) | |||
| 2014-03-06 | 107 | 0 | ORDER IDENTIFYING CASES TO PROCEED TO TRIAL: Pursuant to this Court's November 12, 2013 Amended Order Regulating Discovery and Trials of Group I and Group II Selected Cases, the following fifteen cases listed herein have been selected to proceed to trial. (Signed by Judge Alvin K. Hellerstein on 3/6/2014) (ft) (Entered: 03/07/2014) | |||
| 2014-03-24 | 108 | 0 | MEMO ENDORSEMENT on (5014 AFFIRMATION of Daniel S. Corde in Opposition in case 1:21-mc-00102-AKH). ENDORSEMENT: Mr. Corde's responses are accepted, and the Court's Order to show cause (doc. no. 5006) is terminated as to the Jones Hirsch law firm. (Signed by Judge Alvin K. Hellerstein on 3/24/2014) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(ft) (Entered: 03/26/2014) | |||
| 2014-04-03 | 109 | 0 | ORDER IDENTIFYING CASES TO PROCEED TO TRIAL: The Court has determined that the cases selected to proceed to trial willproceed to trial in the following order: 1. Torres v. 7 World Trade Center L.P. et al, 08cv2310 2. Socha et al v. 110 Church L.L.C. et al, 09cv680 3. Campozano et al v. Kasman et al, 07cv4459 4. Muszkatel v. Verizon New York Inc. et al, 06cv5285 5. Chojnowski et al v. Kasman et al, 07cv1588 6. Kwasnik v. 160 Water Street, Inc. et al, 07cv11291 7. Dabrowski et al v. 160 Water Street et al, 07cv5283 8. Kowalewski et al v. Deutsche Bank Trust Corporation et al, 06cv1521 9. Ropel et al v. The Bank of New York Company, Inc. et al, 06cv1520 10. Mendez v. Silverstein Properties et al, 05cv1180 11. Baczkowski et al v. 222 Broadway, LLC et al, 07cv1565 12. Avila et al v. Brookfield Financial Properties Inc. et al, 07cv60 13. Bunay v. 90 Church Street Limited Partnership C/O CT Corporation System et al, 07cv1572 14. Ayala v. BFP One Liberty Plaza Co., L.P. et al, 07cv1466. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/3/2014) (ajs) (Entered: 04/03/2014) | |||
| 2014-04-09 | 110 | 0 | ORDER REGULATING EXPERT DISCOVERY AND TRIALS OF 15 GROUP I & II CASES SELECTED FOR TRIAL re: (116 in 1:07-cv-01588-AKH, 100 in 1:07-cv-05283-AKH, 109 in 1:07-cv-00060-AKH, 5022 in 1:21-mc-00102-AKH, 152 in 1:07-cv-04459-AKH, 71 in 1:05-cv-01180-AKH, 73 in 1:07-cv-01466-AKH, 122 in 1:06-cv-05285-AKH, 119 in 1:07-cv-11291-AKH, 59 in 1:08-cv-02310-AKH, 116 in 1:07-cv-01565-AKH, 39 in 1:09-cv-00680-AKH, 114 in 1:07-cv-01572-AKH, 148 in 1:06-cv-01520-AKH, 159 in 1:06-cv-01521-AKH). Following the Court conference on April 3, 2014 and pursuant to discussions with Defense Liaison Counsel and Plaintiffs' Liaison Counsel, the following deadlines are hereby made applicable to the 15 Group I and Group II Cases that have been selected for trial and are identified, in the order they will proceed to trial, in the Court's April 3, 2014 Order (Docket No. 5022): Deadline for parties to filed Dispositive Motions - June 16, 2014. Parties submit Opposition Papers to Dispositive Motions - July 30, 2014. Oral Arguement on Summary Judgment Motions - August 26, 2014. Expert Deposition due by 9/15/2014. Daubert and related Summary Judgment Motions due by 9/22/2014. Responses to Daubert and related Summary Judgment Motions due by 10/14/2014, Reply briefs to Daubert and related Summary Judgment Motions due by 10/22/2014. Daubert Hearings - October 27, 28, 29, 2014. First Pretrial Conference and Order - November 3, 2014. First Trial Commences - November 17, 2014. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/9/2014) (ajs) (Entered: 04/10/2014) | |||
| 2014-06-09 | 111 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Indoor Environmental Technology Inc. (Agent/Contractor). (Pollack, David) (Entered: 06/09/2014) | |||
| 2014-06-10 | 112 | 0 | NOTICE OF APPEARANCE by Nicholas John Kauffman on behalf of Weston Solutions, Inc.. (Kauffman, Nicholas) (Entered: 06/10/2014) | |||
| 2014-06-11 | 113 | 0 | CERTIFICATE OF SERVICE of Notice of Appearance served on all parties registered with ECF on June 10, 2014. Service was accepted by all parties registered with ECF. Document filed by Weston Solutions, Inc.. (Kauffman, Nicholas) (Entered: 06/11/2014) | |||
| 2014-06-11 | 114 | 0 | NOTICE OF APPEARANCE by Frank Joseph Keenan on behalf of Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Keenan, Frank) (Entered: 06/11/2014) | |||
| 2014-06-11 | 115 | 0 | ANSWER to Complaint. Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS.(Keenan, Frank) (Entered: 06/11/2014) | |||
| 2014-06-11 | 116 | 0 | NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Keenan, Frank) (Entered: 06/11/2014) | |||
| 2014-06-12 | 117 | 0 | NOTICE OF APPEARANCE by Joanna Marie Topping on behalf of Battery Park City Authority. (Topping, Joanna) (Entered: 06/12/2014) | |||
| 2014-06-12 | 118 | 0 | NOTICE OF APPEARANCE by Peter Alexander Meisels on behalf of Battery Park City Authority. (Meisels, Peter) (Entered: 06/12/2014) | |||
| 2014-06-12 | 119 | 0 | NOTICE OF APPEARANCE by Mathew Thomas Dudley on behalf of Battery Park City Authority. (Dudley, Mathew) (Entered: 06/12/2014) | |||
| 2014-06-13 | 120 | 0 | MOTION for Summary Judgment . Document filed by Hudson View East Condominium (Owner), RY Management Co., Inc..(Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 121 | 0 | MEMORANDUM OF LAW in Support re: 120 MOTION for Summary Judgment . . Document filed by Hudson View East Condominium (Owner), RY Management Co., Inc.. (Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 122 | 0 | DECLARATION of Richard E. Leff in Support re: 120 MOTION for Summary Judgment .. Document filed by Hudson View East Condominium (Owner), RY Management Co., Inc.. (Attachments: # 1 Exhibit A Check Off Complaint, # 2 Exhibit B Master Complaint, # 3 Exhibit C TCDI Response, # 4 Exhibit D Abridged 50(h) Transcript, # 5 Exhibit E Abridged Transcript, # 6 Exhibit F Local 78 Work History, # 7 Exhibit G Abridged Local 78 Transcript, # 8 Exhibit Abridged Tota Transcript, # 9 Exhibit I Pinnacle Declaration)(Leff, Richard) (Entered: 06/13/2014) | 2015-01-06 12:32:56 | 65d369c8b5a122fdf011d0acfdd8237be20e151d | |
| 122 | 1 | Exhibit A Check Off Complaint | ||||
| 122 | 2 | Exhibit B Master Complaint | ||||
| 122 | 3 | Exhibit C TCDI Response | ||||
| 122 | 4 | Exhibit D Abridged 50(h) Transcript | ||||
| 122 | 5 | Exhibit E Abridged Transcript | ||||
| 122 | 6 | Exhibit F Local 78 Work History | ||||
| 122 | 7 | Exhibit G Abridged Local 78 Transcript | ||||
| 122 | 8 | Exhibit Abridged Tota Transcript | ||||
| 122 | 9 | Exhibit I Pinnacle Declaration | ||||
| 2014-06-13 | 123 | 0 | RULE 56.1 STATEMENT. Document filed by Hudson View East Condominium (Owner), RY Management Co., Inc.. (Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 124 | 0 | MOTION for Summary Judgment . Document filed by Battery Park City Authority.(Flannery, John) (Entered: 06/13/2014) | 2015-01-06 12:26:05 | aee8d916104d4f34d7421d95adca5ef01765fed9 | |
| 2014-06-13 | 125 | 0 | RULE 56.1 STATEMENT. Document filed by Battery Park City Authority. (Flannery, John) (Entered: 06/13/2014) | |||
| 2014-06-13 | 126 | 0 | DECLARATION in Support re: 124 MOTION for Summary Judgment .. Document filed by Battery Park City Authority. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II)(Flannery, John) (Entered: 06/13/2014) | |||
| 2014-06-13 | 127 | 0 | MEMORANDUM OF LAW in Support re: 124 MOTION for Summary Judgment . . Document filed by Battery Park City Authority. (Flannery, John) (Entered: 06/13/2014) | |||
| 2014-06-13 | 128 | 0 | MOTION for Summary Judgment . Document filed by AMG Realty Partners, LP.(Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 129 | 0 | RULE 56.1 STATEMENT. Document filed by AMG Realty Partners, LP. (Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 130 | 0 | MEMORANDUM OF LAW in Support re: 128 MOTION for Summary Judgment . . Document filed by AMG Realty Partners, LP. (Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 131 | 0 | DECLARATION of Richard E. Leff in Support re: 128 MOTION for Summary Judgment .. Document filed by AMG Realty Partners, LP. (Attachments: # 1 Exhibit 1 Check Off Complaint, # 2 Exhibit 2 Master Complaint, # 3 Exhibit 3 TCDI Report, # 4 Exhibit 4 Local 78 Record, # 5 Exhibit 5 Abridged Transcript of Plaintiff Vol. 1, # 6 Exhibit 6 Abridged Transcript of Plaintiff Vol. 2, # 7 Exhibit 7 Abridged Transcript of Doran Vol. 1, # 8 Exhibit 8 Abridged Transcript of Doran Vol. 2, # 9 Exhibit 9 Abridged Transcript of Baydala, # 10 Exhibit 10 Abridged Transcript of King, # 11 Exhibit 11 Abridged Transcript of Nash, # 12 Exhibit 12 Letter from Hygienetics, # 13 Exhibit 13 Contract with AMG and Pinnacle, # 14 Exhibit 14 Letter from JLL, # 15 Exhibit 15 Hygienetics Report, # 16 Exhibit 16 Hygienetics Invoice, # 17 Exhibit 17 Pinnacle Invoice)(Leff, Richard) (Entered: 06/13/2014) | |||
| 2014-06-13 | 132 | 0 | MOTION for Summary Judgment . Document filed by HILLMAN ENVIRONMENTAL GROUP LLC, HILLMANN ENVIRONMENTAL GROUP, LLC.(Calabrese, Salvatore) (Entered: 06/13/2014) | |||
| 2014-06-13 | 133 | 0 | RULE 56.1 STATEMENT. Document filed by HILLMAN ENVIRONMENTAL GROUP LLC, HILLMANN ENVIRONMENTAL GROUP, LLC. (Calabrese, Salvatore) (Entered: 06/13/2014) | |||
| 2014-06-13 | 134 | 0 | MEMORANDUM OF LAW in Support re: 132 MOTION for Summary Judgment . Memorandum of Law in Support of Hillmann's Motion for Summary Judgment Based Upon Labor Law and Lack of Duty. Document filed by HILLMAN ENVIRONMENTAL GROUP LLC, HILLMANN ENVIRONMENTAL GROUP, LLC. (Calabrese, Salvatore) (Entered: 06/13/2014) | |||
| 2014-06-13 | 135 | 0 | DECLARATION of Salvatore J. Calabrese in Support re: 132 MOTION for Summary Judgment .. Document filed by HILLMAN ENVIRONMENTAL GROUP LLC, HILLMANN ENVIRONMENTAL GROUP, LLC. (Attachments: # 1 Exhibit Exhibit A Schedule, # 2 Exhibit Exhibit B Schedule, # 3 Exhibit Hillmann Affidavit, # 4 Exhibit Hillmann Proposals, # 5 Exhibit TCDI data sheets, # 6 Exhibit Thomas Damsell Deposition Excerpts, # 7 Exhibit Richard Bachia Deposition Excerpts, # 8 Exhibit Frank Murphy Deposition Excerpts, # 9 Exhibit Anton Appel Deposition Excerpts, # 10 Exhibit Chris Lloyd Deposition Excerpts, # 11 Exhibit Agreements, # 12 Exhibit Hillmann Reports, # 13 Exhibit Notice Provided To Brookfield Jointly By Hillmann And Another Consultant Entek, # 14 Exhibit Nomura Core Discovery Response With Provided Exhibit A With The Response)(Calabrese, Salvatore) (Entered: 06/13/2014) | |||
| 2014-06-14 | 136 | 0 | NOTICE OF APPEARANCE by Jennifer L Ferraro on behalf of Moody's Holdings, Inc.. (Ferraro, Jennifer) (Entered: 06/14/2014) | |||
| 2014-06-16 | 137 | 0 | MOTION for Summary Judgment . Document filed by Weston Solutions, Inc..(Kauffman, Nicholas) (Entered: 06/16/2014) | |||
| 2014-06-16 | 138 | 0 | RULE 56.1 STATEMENT. Document filed by Weston Solutions, Inc.. (Kauffman, Nicholas) (Entered: 06/16/2014) | |||
| 2014-06-16 | 139 | 0 | MEMORANDUM OF LAW in Support re: 137 MOTION for Summary Judgment . . Document filed by Weston Solutions, Inc.. (Kauffman, Nicholas) (Entered: 06/16/2014) | |||
| 2014-06-16 | 140 | 0 | DECLARATION of Nicholas Kauffman in Support re: 137 MOTION for Summary Judgment .. Document filed by Weston Solutions, Inc.. (Attachments: # 1 Exhibit Exhibits A-B, # 2 Exhibit Exhibit C - Pt 1, # 3 Exhibit Exhibit C - Pt 2, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E - Pt 1, # 6 Exhibit Exhibit E - Pt 2, # 7 Exhibit Exhibits F-H, # 8 Exhibit Exhibit I, # 9 Exhibit Exhibit J, # 10 Exhibit Exhibit K, # 11 Exhibit Exhibits L-P, # 12 Exhibit Exhibits Q-AA)(Kauffman, Nicholas) (Entered: 06/16/2014) | |||
| 2014-06-16 | 141 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment . Document filed by Tucker Anthony, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Popadiuk, Gregory) Modified on 6/17/2014 (db). (Entered: 06/16/2014) | |||
| 2014-06-16 | 142 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Tucker Anthony, Inc..(Popadiuk, Gregory) Modified on 6/17/2014 (db). (Entered: 06/16/2014) | |||
| 2014-06-16 | 143 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Tucker Anthony, Inc. (Popadiuk, Gregory) Modified on 6/17/2014 (db). (Entered: 06/16/2014) | |||
| 2014-06-16 | 144 | 0 | MOTION for Summary Judgment . Document filed by Envirotech Clean Air Inc. (Agent Contractor).(Harfenist, Steven) (Entered: 06/16/2014) | |||
| 2014-06-16 | 145 | 0 | AFFIDAVIT of Ronald Fallon in Support re: 144 MOTION for Summary Judgment .. Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Harfenist, Steven) (Entered: 06/16/2014) | |||
| 2014-06-16 | 146 | 0 | DECLARATION of Steven J. Harfenist in Support re: 144 MOTION for Summary Judgment .. Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Attachments: # 1 Errata A- Responses, # 2 Exhibit B- Part 1- Timesheets, # 3 Exhibit B- Part 2- Timesheets, # 4 Exhibit B- Part 3- Timesheets, # 5 Exhibit B- Part 4- Timesheets, # 6 Exhibit C- Fallon Transcript, # 7 Exhibit D- Avila Transcript, # 8 Exhibit E- Spec for Duct Cleaning Scope of Work, # 9 Exhibit F- Master Complaint, # 10 Exhibit G- Check Off Complaint, # 11 Exhibit H- Answer to Master, # 12 Exhibit I- Answer to Check Off, # 13 Exhibit J- Amended Master, # 14 Exhibit K- Plaintiffs Amended Core Responses)(Harfenist, Steven) (Entered: 06/16/2014) | |||
| 2014-06-16 | 147 | 0 | MEMORANDUM OF LAW in Support re: 144 MOTION for Summary Judgment . . Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Harfenist, Steven) (Entered: 06/16/2014) | |||
| 2014-06-16 | 148 | 0 | RULE 56.1 STATEMENT. Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Harfenist, Steven) (Entered: 06/16/2014) | |||
| 2014-06-16 | 149 | 0 | MOTION for Summary Judgment . Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS.(Gallin, Fredric) (Entered: 06/16/2014) | |||
| 2014-06-16 | 150 | 0 | RULE 56.1 STATEMENT. Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Gallin, Fredric) (Entered: 06/16/2014) | |||
| 2014-06-16 | 151 | 0 | MOTION for Summary Judgment . Document filed by Brookfield Financial Properties, Inc, (Owner), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Financial Properties, L.P. (owner), Brookfield Partners, L.P. (owner), Brookfield Properties Corporation (Owner), WFP Tower A Co. (Owner), WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., WFP Tower B Co. L.P. (Owner), WFP Tower B Co., G.P. Corp. (owner), WFP Tower B Holding Co. LP..(Frank, Cory) (Entered: 06/16/2014) | |||
| 2014-06-16 | 152 | 0 | MEMORANDUM OF LAW in Support re: 151 MOTION for Summary Judgment . . Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Gallin, Fredric) (Entered: 06/16/2014) | |||
| 2014-06-16 | 153 | 0 | DECLARATION of Fredric P. Gallin in Support re: 151 MOTION for Summary Judgment .. Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Gallin, Fredric) (Entered: 06/16/2014) | |||
| 2014-06-16 | 154 | 0 | MEMORANDUM OF LAW in Support re: 151 MOTION for Summary Judgment . . Document filed by Brookfield Financial Properties, Inc, (Owner), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Financial Properties, L.P. (owner), Brookfield Partners, L.P. (owner), Brookfield Properties Corporation (Owner), WFP Tower A Co. (Owner), WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., WFP Tower B Co. L.P. (Owner), WFP Tower B Co., G.P. Corp. (owner), WFP Tower B Holding Co. LP.. (Frank, Cory) (Entered: 06/16/2014) | |||
| 2014-06-16 | 155 | 0 | RULE 56.1 STATEMENT. Document filed by Brookfield Financial Properties, Inc, (Owner), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Financial Properties, L.P. (owner), Brookfield Partners, L.P. (owner), Brookfield Properties Corporation (Owner), WFP Tower A Co. (Owner), WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., WFP Tower B Co. L.P. (Owner), WFP Tower B Co., G.P. Corp. (owner), WFP Tower B Holding Co. LP.. (Frank, Cory) (Entered: 06/16/2014) | |||
| 2014-06-16 | 156 | 0 | DECLARATION of Mary E. Adams in Support re: 151 MOTION for Summary Judgment .. Document filed by Brookfield Financial Properties, Inc, (Owner), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Financial Properties, L.P. (owner), Brookfield Partners, L.P. (owner), Brookfield Properties Corporation (Owner), WFP Tower A Co. (Owner), WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., WFP Tower B Co. L.P. (Owner), WFP Tower B Co., G.P. Corp. (owner), WFP Tower B Holding Co. LP.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Frank, Cory) (Entered: 06/16/2014) | |||
| 2014-06-16 | 157 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE DOCUMENT #158) MOTION for Summary Judgment . Document filed by Ambient Group Inc..(Cookson, John) Modified on 6/17/2014 (lb). (Entered: 06/16/2014) | |||
| 2014-06-16 | 158 | 0 | MOTION for Summary Judgment . Document filed by Moody's Holdings, Inc..(Cookson, John) (Entered: 06/16/2014) | |||
| 2014-06-16 | 159 | 0 | MEMORANDUM OF LAW in Support re: 158 MOTION for Summary Judgment . . Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 06/16/2014) | |||
| 2014-06-16 | 160 | 0 | DECLARATION of John Cookson in Support re: 158 MOTION for Summary Judgment .. Document filed by Moody's Holdings, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Cookson, John) (Entered: 06/16/2014) | |||
| 2014-06-16 | 161 | 0 | RULE 56.1 STATEMENT. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 06/16/2014) | |||
| 2014-06-16 | 162 | 0 | NOTICE of MOTION. Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Gallagher, Timothy) (Entered: 06/16/2014) | |||
| 2014-06-16 | 163 | 0 | NOTICE of Rule 56.1 Statement. Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Gallagher, Timothy) (Entered: 06/16/2014) | |||
| 2014-06-16 | 164 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment . Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc. (Gallagher, Timothy) Modified on 6/17/2014 (db). (Entered: 06/16/2014) | |||
| 2014-06-16 | 165 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of CHRISTOPHER MULUDIANG in Support re: 164 MOTION for Summary Judgment .. Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Gallagher, Timothy) Modified on 6/17/2014 (db). (Entered: 06/16/2014) | |||
| 2014-06-17 | 166 | 0 | MOTION for Summary Judgment . Document filed by Tucker Anthony, Inc..(Popadiuk, Gregory) (Entered: 06/17/2014) | |||
| 2014-06-17 | 167 | 0 | RULE 56.1 STATEMENT. Document filed by Tucker Anthony, Inc.. (Popadiuk, Gregory) (Entered: 06/17/2014) | |||
| 2014-06-17 | 168 | 0 | DECLARATION of Gregory J. Popadiuk in Support re: 166 MOTION for Summary Judgment .. Document filed by Tucker Anthony, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Popadiuk, Gregory) (Entered: 06/17/2014) | |||
| 2014-06-17 | 169 | 0 | MEMORANDUM OF LAW in Support re: 166 MOTION for Summary Judgment . . Document filed by Tucker Anthony, Inc.. (Popadiuk, Gregory) (Entered: 06/17/2014) | |||
| 2014-06-17 | 170 | 0 | CERTIFICATE OF SERVICE of NOTICE OF MOTION FOR SUMMARY JUDGMENT, MEMORANDUM OF LAW IN SUPPORT OF MOTION, DECLARATION OF JOHN P. COOKSON, ESQ., and RULE 56.1 STATEMENT OF UNDISPUTED MATERIAL FACTS on 6/16/2014. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 06/17/2014) | |||
| 2014-06-18 | 171 | 0 | MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment . . Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Gallagher, Timothy) (Entered: 06/18/2014) | |||
| 2014-06-18 | 172 | 0 | DECLARATION of CHRISTOPHER MULUDIANG in Support re: 164 MOTION for Summary Judgment .. Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Attachments: # 1 Exhibit Exhibit A Master Complaint, # 2 Exhibit Exhibit B Check-Off Complaint, # 3 Exhibit Exhibit C Answer to Master Complaint, # 4 Exhibit Exhibit D Plaintiff's Responses to Core Discovery Demands, # 5 Exhibit Exhibit E Local 78 Records, # 6 Exhibit Exhibit F Property Management Agreement between JLL and AMG, # 7 Exhibit Exhibit G Contract between Pinnacle and AMG, # 8 Exhibit Exhibit H Avila Deposition Transcript, Vol. 1, # 9 Exhibit Exhibit I Avila Deposition Transcript, Vol. 2, # 10 Exhibit Exhibit J Avila Deposition Transcript, Vol. 3, # 11 Exhibit Exhibit K Baydala Deposition Transcript)(Gallagher, Timothy) (Entered: 06/18/2014) | |||
| 2014-07-02 | 173 | 0 | ORDER in case 1:21-mc-00102-AKH; GRANTING (103) MOTION FOR SUMMARY JUDGMENT TO STRUCTURE TONE DEFENDANTS in case 1:07-cv-00060-AKH. For the foregoing reasons, and as set forth herein, the Clerk shall mark the motion (Doc. No. 103) terminated. Plaintiffs' shall file an Amended Complaint by July 7, 2014, consistent with this Order, dropping the Structure Tone Defendants from the caption and the allegations and retaining the paragraph numbering of the existing complaint. Defendants' Answers need not be amended. The Clerk shall enter judgment dismissing the complaint against only the moving defendants with costs Structure Tone, Inc. s/h/a Structure Tone (UK), Inc. and Structure Tone Global Services, Inc. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:07-cv-00060-AKH (ja) (Entered: 07/02/2014) | |||
| 2014-07-02 | 174 | 0 | CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 24, 2014, Structure Tone's motion for summary judgment is granted, and the complaint against only the moving defendants Structure Tone, Inc. s/h/a Structure Tone (UK), Inc. and Structure Tone Global Services, Inc. are dismissed with costs; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 07/02/2014) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 07/02/2014) | |||
| 2014-07-11 | 175 | 0 | NOTICE OF APPEARANCE by Christopher R. LoPalo on behalf of Angel Avila. (LoPalo, Christopher) (Entered: 07/11/2014) | |||
| 2014-08-07 | 176 | 0 | CERTIFICATION PURSUANT TO 28 U.S.C. § 2403(b): In these cases Defendant Battery Park City Authority ("BPCA") has filed written motions for summary judgment arguing that New York State General Municipal Law§ 50-i(4), commonly referred to as "Jimmy Nolan's Law," is unconstitutional because it violates the Due Process Clause of the New York State Constitution. Accordingly, the Court certifies to the New York State Attorney General, pursuant to 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 5.l(b), that in this proceeding the constitutionality of a state statute has been questioned as set forth within. If the New York State Attorney General's Office intervenes in any of these cases, it is directed to submit its opposition to BPCA's motions for summary judgment on October 15, 2014. BPCA shall submit its replies, if any, on October 24, 2014. A copy of this Order shall be mailed to the following address: Office of the Attorney General, Division of Appeals & Opinions, 120 Broadway, 25th Floor, New York, NY 10271-0332. (Signed by Judge Alvin K. Hellerstein on 8/7/2014) (ajs) (Entered: 08/07/2014) | |||
| 2014-08-08 | 177 | 0 | NOTICE OF APPEARANCE by Allyson A. Avila on behalf of Battery Park City Authority. (Avila, Allyson) (Entered: 08/08/2014) | |||
| 2014-08-14 | 178 | 0 | RULE 56.1 STATEMENT. Document filed by Angel Avila. (Della Jacono, John) (Entered: 08/14/2014) | |||
| 2014-08-14 | 179 | 0 | DECLARATION of John F. Della Jacono in Opposition re: 132 MOTION for Summary Judgment ., 137 MOTION for Summary Judgment .. Document filed by Angel Avila. (Della Jacono, John) (Entered: 08/14/2014) | |||
| 2014-08-14 | 180 | 0 | RULE 56.1 STATEMENT. Document filed by Angel Avila. (Della Jacono, John) (Entered: 08/14/2014) | |||
| 2014-08-20 | 181 | 0 | REPLY MEMORANDUM OF LAW in Support re: 144 MOTION for Summary Judgment . . Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Harfenist, Steven) (Entered: 08/20/2014) | |||
| 2014-08-20 | 182 | 0 | JOINT REPLY MEMORANDUM OF LAW in Support re: 132 MOTION for Summary Judgment ., 137 MOTION for Summary Judgment . . Document filed by Ambient Group Inc., HILLMAN ENVIRONMENTAL GROUP LLC, Weston Solutions, Inc.. (Calabrese, Salvatore) (Entered: 08/20/2014) | |||
| 2014-08-20 | 183 | 0 | DECLARATION of John F. Della Jacono in Opposition re: 149 MOTION for Summary Judgment ., 124 MOTION for Summary Judgment ., 128 MOTION for Summary Judgment ., 151 MOTION for Summary Judgment ., 132 MOTION for Summary Judgment ., 166 MOTION for Summary Judgment ., 120 MOTION for Summary Judgment ., 137 MOTION for Summary Judgment ., 144 MOTION for Summary Judgment .. Document filed by Angel Avila. (Attachments: # 1 Exhibit 114)(Della Jacono, John) (Entered: 08/20/2014) | |||
| 2014-09-15 | 184 | 0 | RULE 56.1 STATEMENT. Document filed by Ammsy Avila, Angel Avila. (Della Jacono, John) (Entered: 09/15/2014) | |||
| 2014-09-15 | 185 | 0 | MEMORANDUM OF LAW in Opposition re: 149 MOTION for Summary Judgment ., 124 MOTION for Summary Judgment ., 128 MOTION for Summary Judgment ., 151 MOTION for Summary Judgment ., 158 MOTION for Summary Judgment ., 132 MOTION for Summary Judgment ., 166 MOTION for Summary Judgment ., 120 MOTION for Summary Judgment ., 137 MOTION for Summary Judgment ., 144 MOTION for Summary Judgment . . Document filed by Ammsy Avila, Angel Avila. (Della Jacono, John) (Entered: 09/15/2014) | |||
| 2014-09-30 | 186 | 0 | REPLY to Response to Motion re: 149 MOTION for Summary Judgment . . Document filed by Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS. (Keenan, Frank) (Entered: 09/30/2014) | |||
| 2014-10-01 | 187 | 0 | REPLY MEMORANDUM OF LAW in Support re: 144 MOTION for Summary Judgment . . Document filed by Envirotech Clean Air Inc. (Agent Contractor). (Harfenist, Steven) (Entered: 10/01/2014) | |||
| 2014-10-01 | 188 | 0 | REPLY MEMORANDUM OF LAW in Support re: 124 MOTION for Summary Judgment . . Document filed by Battery Park City Authority. (Dudley, Mathew) (Entered: 10/01/2014) | |||
| 2014-10-01 | 189 | 0 | DECLARATION in Support re: 124 MOTION for Summary Judgment .. Document filed by Battery Park City Authority. (Attachments: # 1 Exhibit JJ Part 1, # 2 Exhibit JJ Part 2)(Dudley, Mathew) (Entered: 10/01/2014) | |||
| 2014-10-01 | 190 | 0 | COUNTER STATEMENT TO 184 Rule 56.1 Statement. Document filed by Battery Park City Authority. (Dudley, Mathew) (Entered: 10/01/2014) | |||
| 2014-10-01 | 191 | 0 | REPLY MEMORANDUM OF LAW in Support re: 166 MOTION for Summary Judgment . . Document filed by Tucker Anthony, Inc.. (Popadiuk, Gregory) (Entered: 10/01/2014) | |||
| 2014-10-01 | 192 | 0 | REPLY MEMORANDUM OF LAW in Support re: 158 MOTION for Summary Judgment . . Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 10/01/2014) | |||
| 2014-10-01 | 193 | 0 | CERTIFICATE OF SERVICE of Reply Memo of Law served on all parties on October 1, 2014. Service was made by ECF. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 10/01/2014) | |||
| 2014-10-01 | 194 | 0 | CERTIFICATE OF SERVICE of Reply Memo of Law served on all parties on October 1, 2014. Service was made by ECF. Document filed by Moody's Holdings, Inc.. (Cookson, John) (Entered: 10/01/2014) | |||
| 2014-10-01 | 195 | 0 | REPLY MEMORANDUM OF LAW in Support re: 151 MOTION for Summary Judgment . . Document filed by Brookfield Financial Properties, Inc, (Owner), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Financial Properties, L.P. (owner), Brookfield Partners, L.P. (owner), Brookfield Properties Corporation (Owner), WFP Tower A Co. (Owner), WFP Tower A Co. G.P. Corp., WFP Tower A. Co. L.P., WFP Tower B Co. L.P. (Owner), WFP Tower B Co., G.P. Corp. (owner), WFP Tower B Holding Co. LP.. (Adams, Mary) (Entered: 10/01/2014) | |||
| 2014-10-01 | 196 | 0 | NOTICE OF APPEARANCE by Christopher Wani Muludiang on behalf of Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Muludiang, Christopher) (Entered: 10/01/2014) | |||
| 2014-10-01 | 197 | 0 | REPLY MEMORANDUM OF LAW in Support re: 164 MOTION for Summary Judgment . . Document filed by Jones Lang LaSalle Americas, Inc., Jones Lang LaSalle Services, Inc.. (Muludiang, Christopher) (Entered: 10/01/2014) | |||
| 2014-10-09 | 198 | 0 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Andrew W. Amend dated 10/8/2014 re: The State wishes to intervene but requests an extension of 30 days until 11/14/2014, of its time to oppose BPCA's summary judgment motions. ENDORSEMENT: The State's time to file its opposition papers is extended to October 29, 2014. BPCA's time to reply is extended to November 7, 2014. Set Deadlines/Hearing as to (5141 in 1:21-mc-00102-AKH) MOTION for Summary Judgment, (5355 in 1:21-mc-00102-AKH) MOTION for Summary Judgment, (187 in 1:06-cv-01520-AKH) MOTION for Summary Judgment, (230 in 1:06-cv-01521-AKH) MOTION for Summary Judgment, (221 in 1:06-cv-01521-AKH) MOTION for Summary Judgment, (184 in 1:06-cv-05285-AKH) MOTION for Summary Judgment, (178 in 1:06-cv-05285-AKH) MOTION for Summary Judgment, (124 in 1:07-cv-00060-AKH) MOTION for Summary Judgment, (157 in 1:07-cv-01588-AKH) MOTION for Summary Judgment, (190 in 1:07-cv-04459-AKH) MOTION for Summary Judgment, (138 in 1:07-cv-05283-AKH) MOTION for Summary Judgment: Responses due by 10/29/2014, Replies due by 11/7/2014. (Signed by Judge Alvin K. Hellerstein on 10/8/2014) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(tn) (Entered: 10/09/2014) | |||
| 2014-10-15 | 199 | 0 | ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones dated 10/15/2014 re: You are hereby notified that you are required to appear for an oral argument on Battery Park City Authority's motion for summary judgment base on the unconstitutionality of Jimmy Nolan's Law, on 12/3//2014 at 11:30 a.m. ENDORSEMENT: So Ordered. (Oral Argument set for 12/3/2014 at 11:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/15/2014) (tn) (Entered: 10/15/2014) | |||
| 2014-10-16 | 200 | 0 | NOTICE OF APPEARANCE by Andrew William Amend on behalf of Office of New York State Attorney General Eric. T. Schneiderman. (Amend, Andrew) (Entered: 10/16/2014) | |||
| 2014-10-29 | 201 | 0 | MEMORANDUM OF LAW in Opposition re: 124 MOTION for Summary Judgment . . Document filed by Office of New York State Attorney General Eric. T. Schneiderman. (Amend, Andrew) (Entered: 10/29/2014) | |||
| 2014-12-02 | 202 | 0 | JOINDER to join re: 201 Memorandum of Law in Opposition to Motion . Document filed by Angel Avila.(LoPalo, Christopher) (Entered: 12/02/2014) | |||
| 2014-12-02 | 203 | 0 | NOTICE OF APPEARANCE by Eliza Mae Scheibel on behalf of Battery Park City Authority. (Scheibel, Eliza) (Entered: 12/02/2014) | |||
| 2014-12-02 | 204 | 0 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John M. Flannery dated 12/2/2014 re: In preparing for the December 3, 2014 oral argument on BPCA's consolidated motion for summary judgment regarding Jimmy Nolan's Law, it has come to our attention that the Attorney General and the Cannata Plaintiffs may misapprehend the Statute of Limitations applicable to claims against BPCA in 2009. ENDORSEMENT: Rejected. Return to sender. Briefing is closed. (Signed by Judge Alvin K. Hellerstein on 12/2/2014) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:07-cv-00060-AKH(tn) (Entered: 12/02/2014) | |||
| 2014-12-08 | 205 | 0 | ORDER AND OPINION GRANTING BATTERY PARK CITY AUTHORITY'S MOTION FOR SUMMARY JUDGMENT DISMISSING COMPLAINTS re: (124 in 1:07-cv-00060-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (187 in 1:07-cv-01588-AKH) MOTION for Summary Judgment filed by Crown 61 Associates, LLP, Crown 61 Corp., Crown Broadway, LLC., Crown Propoerties, Inc, (190 in 1:07-cv-04459-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (5355 in 1:21-mc-00102-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (157 in 1:07-cv-01588-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (138 in 1:07-cv-05283-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (178 in 1:06-cv-05285-AKH) MOTION for Summary Judgment filed by Battery Park City Authority, (221 in 1:06-cv-01521-AKH) MOTION for Summary Judgment filed by Battery Park City Authority: For the foregoing reasons, BPCA's motion is GRANTED. The Clerk shall mark the following docket entries as terminated: Doc. No. 124 in Case No. 07-cv-00060, Doc. 190 in Case No. 07-cv-04459, Doc. No. 157 in Case No. 07-cv-01588, Doc. No. 138 in Case No. 07-cv-05283, Doc. No. 221 in Case No. 06-cv-O 1521, Doc. No. 178 in Case No. 06-cv-05285, Doc. No. 187 in Case No. 06-cv-01520, Doc. No. 102 in Case No. 09-cv-00680, and Doc. No. 5355 in master calendar 21-mc-102. The Clerk shall enter judgment dismissing the Complaint against BPCA in the following cases: Case No. 07-cv-00060, Case No. 07-cv-04459, Case No. 07-cv-01588, Case No. 07-cv-05283, Case No. 06-cv-01521, Case No. 06-cv-05285, Case No. 06-cv-01520, and Case No. 09-cv-00680. Plaintiffs shall file an Amended Complaint by December 29, 2014, consistent with this Order and Opinion, dropping BPCA from the caption and the allegations against it, but retaining the paragraph numbering of the existing complaint. Defendants' Answers need not be amended. (Signed by Judge Alvin K. Hellerstein on 12/8/2014) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(tn) (Entered: 12/09/2014) | |||
| 2014-12-15 | 206 | 0 | CLERK'S JUDGMENT: That for the reasons stated in the Court's Order and Opinion dated December 8, 2014, BPCA's motion for summary judgment is granted and the Complaint is dismissed as to BPCA in the following case cases: 07-cv-00060, 07-cv-04459, 07-cv-01588, 07-cv-05283, 06-cv-01521, 06-cv-05285, 06-cv-01520, and 09-cv-00680. (Signed by Clerk of Court Ruby Krajick on 12/15/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)Filed In Associated Cases: 1:21-mc-00102-AKH et al.(dt) (Entered: 12/15/2014) | |||
| 2014-12-29 | 207 | 0 | THIRD AMENDED COMPLAINT amending 83 Complaint By Adoption/Check-Off Complaint,,, 1 Complaint, 81 Amended Complaint,,, 80 Amended Complaint,,, against AMG Realty Partners, LP, Ambient Group, Inc (Contractor), Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS, Brookfield Financial Properties, Inc, (Owner), HILLMAN ENVIRONMENTAL GROUP LLC, Jones Lang LaSalle Services, Inc., Moody's Holdings, Inc., Tucker Anthony, Inc., Weston Solutions, Inc. with JURY DEMAND.Document filed by Angel Avila. Related document: 83 Complaint By Adoption/Check-Off Complaint,,, filed by Ammsy Avila, Angel Avila, 1 Complaint filed by Ammsy Avila, Angel Avila, 81 Amended Complaint,,, filed by Ammsy Avila, Angel Avila, 80 Amended Complaint,,, filed by Ammsy Avila, Angel Avila. (Attachments: # 1 Exhibit Order for Amendment)(LoPalo, Christopher) (Entered: 12/29/2014) |