Tyler Fire Equipment, LLC et al v. Oshkosh Corp. et al
| Tyler Fire Equipment, LLC and Tyler Fire Equipment Service Corp. |
| Oshkosh Corp., Pierce Manufacturing, Inc., High Peaks Fire Apparatus, LLC, Anthony M. Mastrobattista, David McAlice and Daniel A. Olszanski |
| 6:2014cv06513 |
| September 5, 2014 |
| US District Court for the Western District of New York |
| Rochester Office |
| Chemung |
| Charles J. Siragusa |
| Other Statutory Actions |
| 28 U.S.C. ยง 1346 |
| Plaintiff |
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Filing
146
DECISION AND ORDER granting 118 Motion for Summary Judgment; finding as moot 126 Motion ; finding as moot 129 Motion for Extension of Time to File Response/Reply ; finding as moot 130 Motion for Extension of Time to File Response/Reply. T he Court determines that no material factual disputes have been presented in the parties papers, and that Pierce Manufacturing, Inc. and David McAlice have shown entitlement to judgment. Accordingly, the Court grants the Pierce defendants motion for summary judgment, ECF No. 118, and directs the Clerk will enter judgment for Pierce Manufacturing, Inc. and David McAlice. Further, the Court denies as moot ECF No. 126, ECF No. 129, and ECF No. 130. The Clerk will not close the case, as other defend ants remain pending. Signed by Hon. Charles J. Siragusa on 6/21/19. Copy of this decision and order and NEF sent by First Class Mail to pro se parties as follows: High Peaks Fire Apparatus, LLC, 9 Krey Boulevard, Rensselaer, NY 12144; Anthony M. Mastrobattista, 107 Fairway Circle, Lebanon, PA 17042-9221; and Daniel A. Olszanski, 5087 State Route 149, Granville, NY 12832. (KAP)-CLERK TO FOLLOW UP-
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Filing
54
DECISION AND ORDER granting 33 Motion to Dismiss; granting 35 Motion to Dismiss for Failure to State a Claim; finding as moot 18 Motion to Dismiss for Failure to State a Claim. Counts III and IV are dismissed with prejudice pursuant to Rule 12 (b)(6); Counts VII and VIII are dismissed without prejudice pursuant to Rule 12(b)(6), and Plaintiffs have leave to file a motion to amend those two Counts pursuant to Rule 15(a)(2) as long as such a motion is filed on or before July 16, 2015.Signed by Hon. Charles J. Siragusa on 6/16/15. (KAP)
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