The Plumbing Supply, LLC v. ExxonMobil Oil Corporation et al
| The Plumbing Supply, LLC |
| ExxonMobil Oil Corporation, CPD NY Energy Corporation and John Does 1-10 |
| 7:2014cv03674 |
| May 22, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Environmental Matters |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
526
ORDER: It is hereby ORDERED: 1. Pursuant to § 475 of the Judiciary Law of the State of New York, Zarin & Steinmetz has a charging lien against settlement proceeds (the "Settlement Proceeds") in The Plumbing Supply, LLC v. ExxonMobil C orporation, et al., 7:14-cv-03674-VB-PED (the "Federal Lawsuit") in an amount calculated in accordance with the confidential Fee Settlement Agreement between Petitioner and The Plumbing Supply, LLC, d/b/a Faucet Works ("Plaintiff" ) (See Sealed Doc. #423, Exh. B). 2. Plaintiff shall pay same to Petitioner within five (5) days of after the later of (a) the date of entry of this Order or (b) Plaintiff's receipt of any of the Settlement Proceeds. Plaintiff shall disclose to Petitioner the total amount of the Settlement Proceeds. Petitioner shall not disclose the amount of the Settlement Proceeds to any third person for any purpose unless required by law to do so. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/10/2020) (mml)
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Filing
524
ORDER: On September 6, 2019, former counsel for plaintiff, Zarin & Steinmetz, filed on the Court's Electronic Case Filing ("ECF") system a redacted Notice of Petition to Enforce Charging Lien and a Petition to Enforce Charging Lien. (Doc. #508). In its notice, Zarin & Steinmetz requested the Court adjudge that Zarin & Steinmetz has a charging lien against the settlement proceeds in The Plumbing Supply, LLC v. ExxonMobil Corporation, et al., 14 CV 3674. (See Sealed Doc. #423, Ex . B). On February 21, 2020, all parties to the lawsuit-Faucet Works, Groundwater and Environmental Services, Inc. ("GES"), CPD NY Energy Corp. ("CPD"), Cumberland Farms, Inc. ("CPI"), ExxonMobil Oil Corporation, ExxonMo bil Corporation, and ConocoPhillips Company-filed a stipulation of voluntary dismissal terminating this action. (Doc. #523). Although Faucet Works, CPD, CPI and GES have previously stated that they do not intend to contest the petition (Doc. #513), t he Court directs counsel for these parties to submit a joint letter with Zarin & Steinmetz by March 10, 2020, confirming their position with respect to the petition, at which time the Court will issue the proposed order. (Doc. #509). If the parties seek to contest the petition for the charging lien, they shall submit a proposed briefing schedule in their joint letter. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/25/2020) (mml)
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Filing
429
OPINION AND ORDER re: 391 MOTION to Dismiss GES Counterclaim and Motion to Strike Affirmative Defenses. filed by CPD NY Energy Corporation, 370 MOTION to Dismiss Eleventh Cause of Action in the Third Amended Third-Party Compl aint (Doc. 363). filed by Groundwater & Environmental Services, Inc. GES's motion to dismiss is DENIED. CPD's motion to dismiss GES's counterclaims is GRANTED. CPD's motion to strike GES's affirmative defenses is GRANTE D as to the third and eleventh defenses, and as to the twelfth defense except as it applies to CPD's fraud claim. CPD's motion to strike is DENIED as to the sixth defense and as to the twelfth defense insofar as it applies to the fraud c laim. The Clerk is directed to terminate the motions. (Docs. ##370, 391). The next case management conference remains scheduled for October 5, 2017, at 10:00 a.m. By September 28, 2017, the parties shall submit a joint letter stating their positions as to how this case should proceed. So Ordered., (Case Management Conference set for 10/5/2017 at 10:00 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 9/5/17) (yv)
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Filing
358
OPINION AND ORDER re: 281 MOTION to Dismiss First Amended Third Party Complaint (ECF Doc. No. 145). filed by Groundwater & Environmental Services, Inc., 308 CROSS MOTION for Partial Summary Judgment . filed by CPD NY E nergy Corporation. CPD's motion to confirm the arbitration award in its favor is GRANTED. CPD's motion for summary judgment is GRANTED as to liability on Counts Two, Three, Thirteen, and Fourteen of the SATPC. After the close of discover y, CPD and GES shall proceed to the damages phase of the arbitration on these claims. GES's motion to dismiss is DENIED as to Counts Two, Three, Thirteen, and Fourteen, and GRANTED as to Counts Eleven and Twelve of the SATPC. CPD is granted l eave to amend Counts Eleven and Twelve. GES's motion to dismiss is GRANTED as to Counts Five, Six, Seven, Eight, and Nine of the SATPC. By October 25, 2016, pursuant to Local Civil Rule 77.1, CPD shall submit a proposed order to set forth and enforce GES's indemnification obligations. Prior to doing so, CPD shall attempt to obtain GES's consent to the form of the proposed order. By October 25, 2016, CPD shall file its Third Amended Third Party Complaint with respect to Counts Eleven and Twelve only, or inform the Court by letter that it no longer intends to pursue these claims. The Clerk is directed to terminate the motions. (Docs. ##281, 308). (Signed by Judge Vincent L. Briccetti on 10/4/2016) (rj)
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Filing
326
OPINION AND ORDER re: 271 MOTION to Amend/Correct 145 Amended Third Party Complaint, 169 Answer to Amended Complaint, Crossclaim Against Exxon Mobil Corp. filed by CPD NY Energy Corporation. Plaintiff's motion for reco nsideration is GRANTED as to the nuisance claim (Count Six) against CPD and CFI insofar as it seeks injunctive relief only, CPD's motion for leave to amend is GRANTED as to the claims against CFI and EMC, and DENIED as to the claims against G ES. By June 3, 2016, CPD shall file a Second Amended Third Party Complaint and First Amended Cross Claims in accordance with this Opinion and Order. The Clerk is directed to terminate the motions. (Docs. ##271, 275). (Signed by Judge Vincent L. Briccetti on 5/27/2016) (rj)
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Filing
285
OPINION AND ORDER: re: 275 MOTION for Reconsideration re; 268 Memorandum & Opinion or in the alternative for Leave to Amend. filed by The Plumbing Supply, LLC. The Court reserves ruling on plaintiff's motion to reconsid er dismissal of Count Six until the motion is fully submitted as to that claim. By April 29, 2016, CPD and CFI may each submit an opposition brief, not to exceed ten pages, concerning only the dismissal of the nuisance claims. Plaintiff's rep ly, not to exceed five pages, is due May 6, 2016. Plaintiff's motion for reconsideration is DENIED in all other respects. Plaintiff's motion for leave to amend is DENIED. The Clerk is directed to terminate the motion. (Doc. #275). (Signed by Judge Vincent L. Briccetti on 4/20/2016) (rj)
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Filing
268
OPINION AND ORDER re: 161 MOTION to Dismiss First Amended Third-Party Complaint. filed by Cumberland Farms, Inc., 147 MOTION to Dismiss Amended Complaint. filed by Cumberland Farms, Inc., 175 MOTION to Dismiss Second Amended Complaint or Alternatively for Partial Summary Judgment. filed by CPD NY Energy Corporation. CFI's motion to dismiss the SAC (Doc. #147) is GRANTED. CFI's motion to dismiss the FATPC (Doc. #161) is DENIED as to Counts 15, 18, and 19, and GRANTED as to all other claims against it, CPD's partial motion for judgment on the pleadings as to the SAC (Doc. #175) is GRANTED. Accordingly, CPD's motion for partial summary judgment is moot. The Clerk is directed to terminate the motions. (Docs. ##147, 161, 175). (Signed by Judge Vincent L. Briccetti on 3/28/2016) (rj)
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