Members of the Beede Site Group v. Federal Home Loan Mortgage Corporation
Case Number: 1:2009cv00370
Filed: November 4, 2009
Court: US District Court for the District of New Hampshire
Office: Environmental Matters Office
Presiding Judge: William E Smith
Presiding Judge:
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: Environmental Cleanup Expenses
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Date Filed Document Text
September 5, 2013 Opinion or Order Filing 716 ///ORDER granting in part and denying in part 698 MOTION for Summary Judgment filed by BSS Realty Trust and Senter Transportation Co. Inc.; granting in part and denying in part 702 MOTION for Summary Judgment filed by Beede Site Group Members. So Ordered by US District Judge William E Smith.(jeb)
June 4, 2012 Opinion or Order Filing 684 ORDER granting in part and denying in part 666 Motion to Compel Defendant Nicholas Landry d/b/a Landry's Automotive's Rule 26(a) Disclosures, Answers to Plaintiffs' First Set of Interrogatories and Responses to Plaintiffs' First Request for Production of Documents; AND granting in part and denying in part 667 Motion to Compel Thomas A. Reid's Rule 26(a) Disclosures, Answers to Plaintiffs' First Set of Interrogatories and Responses to Plaintiffs' First Request for Production of Documents both filed by Beede Site Group Members. So Ordered by Magistrate Judge Lincoln D. Almond.(jeb)
February 14, 2012 Opinion or Order Filing 663 ///ORDER granting 646 Plaintiffs' Fifth MOTION to Dismiss Certain Defendants filed by Beede Site Group Members, 652 ADDENDUM to Fifth Motion, and 660 Second Addendum to Fifth Motion. The following defendants are dism issed as follows: Advance Muffler & Brake Co., Inc., with prejudice and without costs; Amtruck Auto & Truck Service, Inc., without prejudice and without costs; The Atom Contracting Corp., without prejudice and without costs; Braintree Foreign Car Spe cialists, Inc., with prejudice and without costs; Burlington Texaco, Inc., without prejudice and without costs; Central New Hampshire Sales, Inc., with prejudice and without costs; Charles D. George d/b/a Elwyn Park Exxon, with prejudice and without costs; City of Lowell, Massachusetts, without prejudice and without costs; Dennis M. Dunlavey d/b/a Dunlavey Auto, with prejudice and without costs; Everett Automatic Transmission Service, Inc., with prejudice and without costs; Guy Larose d/b/a Ken& #039;s Garage, without prejudice and without costs; Hartz Mountain Industries, Inc., with prejudice and without costs; Joseph Marques d/b/a Quality Auto Repair, with prejudice and without costs; KCo, Inc., with prejudice and without costs; Kinney 9;s Shell Service, Inc., with prejudice and without costs; Lake Street Garage, Inc., without prejudice and without costs; Linskey Construction, Inc., with prejudice and without costs; Parkway Fuel Corp., with prejudice and without costs; Paul St. Arn aud d/b/a Ken's Garage, without prejudice and without costs; Peter Abate d/b/a Ryal Side Auto Center, without prejudice and without costs; Regalite Plastics Corp., with prejudice and without costs; Robert J. Blackstock d/b/a Blackstock's Ga rage, with prejudice and without costs; Robert W. Peach d/b/a Burlington Texaco, without prejudice and without costs; Ronald Latulippe d/b/a Dan's Super Shell, with prejudice and without costs; Scott Construction Company, Inc., with prejudice an d without costs; Steven Clayman d/b/a Advance Muffler, with prejudice and without costs; T&S Realty Trust, without prejudice and without costs; Thomas P Morabito, Jr. d/b/a Amtruck Auto and Truck Service, without prejudiceand without costs; and United Machine & Tool Design Co., Inc., with prejudice and without costs. So Ordered by US District Judge William E Smith.(jeb)
February 7, 2012 Opinion or Order Filing 659 ORDER striking DOCUMENT: 657 Initial Disclosure of Defendant Frank DeLucia & Son, Inc. by Frank DeLucia & Son, Inc. filed by Michael Johnson, Esq. on February 3, 2012. So Ordered by Magistrate Judge Lincoln D. Almond.(jeb)
December 14, 2011 Opinion or Order Filing 644 ORDER approving 627 Report and Recommendations by Magistrate Judge Linclon D. Almond dated 10/14/11. 576 MOTION to Dismiss filed by Mallinckrodt US LLC is denied. So Ordered by US District Judge William E Smith.Mallinckrodt US LLC's Answer to Amended Complaint follow up deadline is set for 12/29/2011.(jeb)
November 28, 2011 Opinion or Order Filing 640 ORDER approving 630 Report and Recomendations by USMJ Lincoln D. Almond dated 10/21/11; denying 599 Covanta Haverhill, Inc.'s MOTION to Dismiss; denying Covanta Haverhill, Inc.'s MOTION to Strike. So Ordered by US District Judge William E Smith.(Answer to 544 Amended Complaint by Covanta Haverill, Inc.'s follow up deadline is set for 12/13/2011.)(jeb)
November 10, 2011 Opinion or Order Filing 638 ORDER RE: ENTRY OF DEFAULT AS TO BURLINGTON TEXACO, INC. Having failed to comply with the 620 Courts Order dated October 3, 2011 with regards to obtaining new counsel, default is herewith entered as to Burlington Texaco., Inc. A damages hearing will be scheduled upon adjudication of all the remaining claims or parties. So Ordered by Magistrate Judge Lincoln D. Almond.(jeb)
October 18, 2011 Opinion or Order Filing 628 ORDER 597 NOTICE of Bankruptcy and Automatic Stay of Proceedings by Robert W. Peach d/b/a Burlington Texaco. Petitioner in bankruptcy shall file a status report on January 1 and July 1 of each year until the bankruptcy matter is finally resolved. The petitioner in bankruptcy shall also immediately notify this court when the bankruptcy matter is finally resolved. (Status Report due by 1/2/2012.) So Ordered by Magistrate Judge Lincoln D. Almond.(jeb)
July 27, 2011 Opinion or Order Filing 573 REVISED INTERIM SCHEDULING ORDER: The first phase of summary judgment motion practice will be postponed to coincide with the second phase. A schedule for all summary judgment motions will be established by the Court at the next Pretrial/Case Management Conference, following the close of discovery. The conference is scheduled for Tuesday, 4/3/12 at 11:00 a.m. at the U.S. District Court for District of Rhode Island in Providence. So Ordered by US District Judge William E Smith. (jeb)
July 12, 2011 Opinion or Order Filing 553 ORDER STRIKING DOCUMENTS: Pursuant to Fed. R. Civ. P. 5(d), disclosures under Rule 26(a)(1) or (2) must not be filed with the court until they are used in the proceeding or the court orders filing. It is ordered that the follo wing initial disclosure documents be stricken and removed from the courts docket: # 542 , Initial Disclosure of Felixs Exxon, Inc., filed by Michael D. Parker, Esq. filed 7/6/11; # 546 , Initial Disclosure of Diana L. King filed by Judith S. Lambert, Esq. filed 7/7/11; # 547 , Initial Disclosure of Alliant Foodservice, Inc. filed by Elizabeth Leonard, Esq. filed 7/8/11; # 548 , Initial Disclosure of Town of Saugus filed by J. Mark Dickison,Esq. filed 7/8/11; # 549 , Initial Disclosure of Bernard Senter and BSS Realty Trust filed by J. Mark Dickison, Esq. filed 7/8/11; # 550 , Initial Disclosure of Donald B. Walton d/b/a Walton's Auto Lab filed by Thomas K. McCraw, Jr., Esq. filed 7/8/11; # 551 , Initial Disclosure of Torromeo Trucking Co., Inc. filed by Thea S. Valvanis, Esq. filed 7/11/11; # 552 , Initial Disclosure of Henry Masse d/b/a Hank's Garage filed by Matthew C. Donahue, Esq. filed 7/11/11. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
June 29, 2011 Opinion or Order Filing 541 ORDER REGARDING MEDIATION: In accordance with paragraph 3 of the Interim Scheduling Order dated June 22, 2011, the parties are ordered to submit confidential settlement statements by July 13, 2011. These ex parte, confidential statements shall be submitted electronically to U.S. Magistrate Judge Lincoln Almond and ADR Administrator Berry Mitchell. After reviewing these statements, Magistrate Judge Almond and ADR Administrator Mitchell will contact the parties in an effort to facilitate prompt mediation within the parameters of the Interim Scheduling Order. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
June 22, 2011 Opinion or Order Filing 539 INTERIM SCHEDULING ORDER: Plaintiff shall file 2nd Amended Complaint by 7/8/11. Any newly-added defendants will have until 7/29/11 to answer or otherwise respond (unless otherwise extended). Defendants previously identified an d served with Amended Complaint may file amended answers on or before 7/29/11. In the alternative, on 7/29/11, the Court will deem any defendant's previously filed answers to serve as answer to the 2nd Amended Complaint. Summary Judgment Motio ns due by 8/5/2011. Follow up on Objections on Motions for Summary Judgment due 9/9/2011. Replies to Objections to Motions for Summary Judgment due 9/23/2011. Discovery deadline is set for 3/30/2012. Pretrial Conference/Case Management Conference is set for Tuesday, 4/3/2012 11:00 AM before US District Judge William E. Smith at the United State District Court-District of Rhode Island, United States Courthouse and Federal Building, One Exchange Terrace, Providence, RI. The Court will endeavor to set a date for trial of this action at this conference. District of NH Local Rule 7.1(c)regarding concurrence is dispensed with for this action. So Ordered by US District Judge William E Smith. (jeb)
May 5, 2011 Opinion or Order Filing 514 ///ORDER ON ENTRY OF DEFAULT as to ALNASCO Co., Inc. Default is herewith entered as to ALNASCO Co., Inc. for failure to comply with Local Rule 83.6(c). A damages hearing will be scheduled upon adjudication of all the remaining claims or parties. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
May 2, 2011 Opinion or Order Filing 512 PRELIMINARY CASE MANAGEMENT ORDER: Court requests that all attorneys and unrepresented parties in this case attend a pretrial conference before US District Judge William E. Smith in the Jury Assembly Room at the United States Di strict Court for the District of Rhode Island, 1 Exchange Terrace, Providence, RI, on Tuesday, June 7, 2011, at 11:00 a.m. Topic to be discussed at the conference are outlined in this order. So Ordered by US District Judge William E Smith. (jeb)
March 21, 2011 Opinion or Order Filing 494 ORDER denying 487 MOTION to Dismiss and/or Motion for Summary Judgment filed by Shaw's Service Station, LLC. So Ordered by US District Judge William E Smith. (jeb)
January 31, 2011 Opinion or Order Filing 488 ///ORDER re: 484 Third Addendum to 366 Plaintiffs' Motion to Dismiss Certain Defendants filed by Beede Site Group Members: The following five defendants are dismissed from this lawsuit, according to the conditions reque sted by plaintiffs, as follows: James J. Shuel d/b/a Jims Auto Service with prejudice and without costs; Anjo Services, Inc. d/b/a Sparks Auto with prejudice and without costs; Key Container Corp. with prejudice and without costs; Combined Auto Serv ices, Inc. without prejudice andwithout costs; and Kenneth L. Durling d/b/a Ken Durling Automotive withoutprejudice and without costs. In addition, the Court denies Plaintiffs request to assess costs and attorneys fees against the objecting Defendants. No judgment shall enter at this time. So Ordered by US District Judge William E Smith. (jeb)
January 3, 2011 Opinion or Order Filing 485 ///MEMORANDUM AND ORDER re: 366 MOTION to Dismiss Certain Defendants filed by Beede Site Group Members. The Court hereby grants Plaintiffs Motion to Dismiss all claims against the eight settling Defendants, according to the co nditions requested by Plaintiffs, as follows: MSM Petroleum, Inc. without prejudice and without costs; Congdon Auto Center, Inc. - with prejudice and without costs; Leonard G. Bono d/b/a T&L Auto Service with prejudice and without costs; Shawsheen P laza Service Station Inc. with prejudice and without costs; Anthony Rufo d/b/a Tonys Spring Hill Shell without prejudice and without costs; Tony Rufos, Inc. without prejudice and without costs; Robbins Garage, Inc. - with prejudice and without cost s; and Charles Dahers Commonwealth Motors, Inc. without prejudice and without costs. In addition, the Court denies Plaintiffs request to assess costs and attorneys fees against the objecting Defendants. No judgment shall enter at this time. So Ordered by US District Judge William E. Smith.(jeb)
December 7, 2010 Opinion or Order Filing 481 ORDER denying 271 MOTION to Dismiss filed by Diana L. King d/b/a The Lube King. Follow up on Objection on 4/19/2010. So Ordered by US District Judge William E Smith. (jeb)
December 6, 2010 Opinion or Order Filing 480 ORDER denying 365 Defendant ALNASCO CO., Inc.'s Motion to Dismiss for lack of personal jurisdiction. So Ordered by US District Judge William E Smith. (jeb)
November 17, 2010 Opinion or Order Filing 479 ORDER striking 477 Motion toAmend 357 Answer to Amended Complaint filed by Robert J. Blackstock. Document will be stricken from court's docket and returned to the submitting party. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
September 8, 2010 Opinion or Order Filing 465 ORDER re Local Counsel: Attorney Vincent C. Manzi, Jr. is not a member of this district's bar. Attorney Manzi shall have fourteen (14) days from the date of this order to comply with the requirements of LR 83.2(b). Should Attorney Manzi fail to comply with LR 83.2(b) within this time frame, he shall be removed as counsel of record and prohibited from representing the defendants in the case without further order of the court. ( Notice of Compliance Deadline set for 9/23/2010.) So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
August 16, 2010 Opinion or Order Filing 443 ///ORDER OF ENTRY OF DEFAULT AS TO WORLD AUTO SUPPLY, INC.: Default is herewith entered as to World Auto Supply, Inc.in accordance with Local Rule 55.1. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb) .
July 21, 2010 Opinion or Order Filing 421 ORDER STRIKING DOCUMENT AS IT PERTAINS TO COUNTERCLAIM AGAINST NON-PARTYBEEDE WASTE OIL CORPORATION ONLY RE: 416 ANSWER to 41 Amended Complaint with jury demand, COUNTERCLAIM against Beede Waste Oil Corporation filed by Peter Abate d/b/a Ryal Side Auto Center. Signed by Magistrate Judge Lincoln D. Almond. (jeb)
April 14, 2010 Opinion or Order Filing 302 ORDER Striking Portion of Document As It Pertains to Tony Rufo's Inc. Only and to Retain Counsel Re: Document 291 ANSWER to 41 Amended Complaint with jury demand filed by Anthony Rufo d/b/a Tony's Spring Hill Shell and Tony Rufo's, Inc. ( Answer due by 5/17/2010.) Signed by Magistrate Judge Lincoln D. Almond. (jeb)
March 26, 2010 Opinion or Order Filing 229 ORDER STRIKING DOCUMENT IN ACCORDANCE WITH LOCAL RULE 5.2 AND TO RETAIN COUNSEL Re: 224 ANSWER to 41 Amended Complaint with jury demand filed by Manny Hajj, Former President, Henry's Ignition and Carburetor Service, Inc . The defendant is responsible to retain counsel to represent it in this matter. Within thirty (30) days of the date of this order, counsel is required to file either an answer to document no. 41 Amended Complaint dated February 3, 2010 or a motion under Rule 12 of the Federal Rules of Civil Procedure and Disclosure Statement. (Notice of Compliance Deadline set for 4/26/2010.) Signed by Magistrate Judge Lincoln D. Almond. (jeb)
March 17, 2010 Opinion or Order Filing 180 ORDER denying 52 MOTION to Excuse Service on Numerous Co-Defendants filed by ALNASCO Co., Inc. So Ordered by Magistrate Judge Lincoln D. Almond. (jeb)
March 9, 2010 Opinion or Order Filing 111 ORDER striking 69 Answer to Amended Complaint filed by William T. Frizell, II for World Auto Supply, Inc. The defendant is responsible to retain counsel to represent them in this matter. Within thirty (30) days of the date of this order, counsel is required to file either an answer to the document no. 41 Amended Complaint dated February 3, 2010 or a motion under Rule 12 of the Federal Rules of Civil Procedure and Disclosure Statement in accordance with Local Rule 7.5 and Fed. R. Civ. P. 7.1. (Answer due by 4/9/2010.) Signed by Magistrate Judge Lincoln D. Almond. (jeb)
November 20, 2009 Opinion or Order Filing 26 CONCURRING ORDER 25 Designated Case Order Out: USDC-RI Judge William E. Smith has been designated to preside over this case. USMJ Lincoln D. Almond is assigned to perform such duties as may be assigned to him by the district judge to who this case is assigned. Signed by Chief Judge Mary Lisi. (amm) Modified on 11/27/2009 to correct "DATE FILED" from 11/24/09 to 11/20/09 (jeb).
November 9, 2009 Opinion or Order Filing 24 ORDER OF RECUSAL. Signed by Judge Joseph A. DiClerico, Jr. (jeb)
November 6, 2009 Opinion or Order Filing 22 ORDER OF RECUSAL. Signed by Judge Paul J. Barbadoro. (jeb)
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