DVL, INC. et al v. CONGOLEUM CORPORATION
| DVL, INC. and DVL KEARNY HOLDINGS, LLC |
| CONGOLEUM CORPORATION and BATH IRON WORKS CORPORATION |
| 2:2017cv04261 |
| June 12, 2017 |
| US District Court for the District of New Jersey |
| Newark Office |
| Hudson |
| James B Clark |
| Kevin McNulty |
| Environmental Matters |
| 42 U.S.C. § 9613 |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 215
ORDER OF DISMISSAL WITH PREJUDICE OF ALL PARTIES REMAINING CLAIMS, COUNTER-CLAIMS AND CROSS-CLAIMS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a)(1) (A)(ii) & 41(c) re #213 Stipulation. Signed by Judge Kevin McNulty on 9/17/2021. (bt, )
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Filing 214
ORDER dismissing with prejudice Plaintiffs claims against Defendant BATH IRON WORKS CORPORATION re #212 Stipulation. Signed by Judge Kevin McNulty on 9/17/2021. (bt, )
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Filing 213
STIPULATION of Dismissal by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (MAGEN, PHILIP)
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Filing 212
STIPULATION of Dismissal by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (MAGEN, PHILIP)
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Filing 211
Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 10/4/2021. Signed by Judge Kevin McNulty on 8/3/2021. (nic, )
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Filing 210
LETTER ORDER that the telephone conference with the parties on 8/3/2021 is adjourned to 8/4/2021 at 2:00 p.m.; counsel for BIW shall initiate the call. Signed by Magistrate Judge James B. Clark on 7/22/2021. (sm)
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Filing 209
LETTER ORDER that the telephone status conference with the parties on June 30, 2021 is adjourned to August 3, 2021 at 11:00 AM. Counsel for BIW shall initiate the call. Signed by Magistrate Judge James B. Clark on 6/29/2021. (sm)
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Filing 208
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF CONGOLEUM CORPORATION'S CROSS-CLAIMS AGAINST BATH IRON WORKS. CONGOLEUM CORPORATION and BATH IRON WORKS CORPORATION terminated. Signed by Judge Kevin McNulty on 6/9/2021. (sm)
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Filing 207
STIPULATION of Dismissal WITH PREJUDICE OF CONGOLEUM CORPORATION'S CROSS-CLAIMS AGAINST BATH IRON WORKS CORPORATION by BATH IRON WORKS CORPORATION. (MARRA, RALPH)
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Filing 206
Substitution of Attorney - Attorney EITAN DANIEL BLANC terminated. Attorney PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL KEARNY HOLDINGS, LLC,PHILIP ALAN MAGEN for DVL, INC.,PHILIP ALAN MAGEN for DVL, INC.,PHILIP ALAN MAGEN for DVL, INC.,PHILIP ALAN MAGEN for DVL, INC.,PHILIP ALAN MAGEN for DVL, INC.,PHILIP ALAN MAGEN for DVL, INC. added.. (MAGEN, PHILIP)
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Filing 205
LETTER ORDER that DVL produce responsive documents from the two-word search hitting on 356 documents is GRANTED; etc. Signed by Magistrate Judge James B. Clark on 5/18/2021. (sm)
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Filing 204
Letter from BIW and DVL to Magistrate Judge Clark re #203 Order,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(MARRA, RALPH)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/24/2021. (seb)
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Filing 203
LETTER ORDER that regarding the ESI issue raised during todays call by Defendant Bath Iron Works Corporation (BIW), the involved parties shall submit a joint letter of five (5) pages or less outlining their respective positions no later than March 10, 2021. The Court with then schedule a call, if necessary, to discuss the matter; Expert discovery shall be completed by June 30, 2021; the Court will conduct a telephone status conference with the parties on June 30, 2021 at 10:00 AM. Counsel for BIW shall initiate the call. Signed by Magistrate Judge James B. Clark on 2/24/2021. (sm)
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Filing 202
Substitution of Attorney - Attorney KEVIN W. WEBER; WILLIAM S. HATFIELD and CAMILLE V. OTERO-PHILLIPS terminated. Attorney RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION,RUSSELL LYLE HEWIT,CRAIG A. DOMALEWSKI,SCOTT ANDREW HALL for CONGOLEUM CORPORATION added.. (Attachments: #1 Certificate of Service)(HALL, SCOTT)
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Filing 201
LETTER ORDER the Court will conduct a telephone status conference with the parties on February 24, 2021 at 11:30 A.M. Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 1/7/2021. (sm)
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Filing 200
Letter from Eitan D. Blanc, Esquire to The Honorable James B. Clark, III. (BLANC, EITAN)
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Filing 199
Letter from Eitan D. Blanc, Esquire to The Honorable James B. Clark. (BLANC, EITAN)
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Filing 198
Letter from Eitan D. Blanc, Esquire to The Honorable James B. Clark. (BLANC, EITAN)
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Filing 197
Letter from Ralph Marra. (MARRA, RALPH)
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Filing 196
Letter from Warren A. Usatine, Esq. re #195 Letter. (USATINE, WARREN)
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Filing 195
Letter from Eitan D. Blanc, Esquire to The Honorable James B. Clark. (BLANC, EITAN)
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Filing 194
LETTER ORDER that discovery shall remain stayed in this matter. Signed by Magistrate Judge James B. Clark on 10/5/2020. (sm)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Settlement Conference held on 10/5/2020. (Court Reporter/Recorder Zoom.) (seb)
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Filing 193
ORDER that the settlement conference is adjourned to 10/5/2020 at 2:00 p.m. Signed by Magistrate Judge James B. Clark on 9/29/2020. (sm)
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Filing 192
Letter from Kevin W. Weber, Esq. to The Honorable James B. Clark, U.S.M.J. (WEBER, KEVIN)
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Filing 191
LETTER ORDER that the settlement conference scheduled with the parties on September 16, 2020 is adjourned to September 29, 2020 at 2:00 P.M. By no later than September 23, 2020, the parties shall submit separate confidential ex parte settlement letters not to exceed five (5) pages; etc. Signed by Magistrate Judge James B. Clark on 9/10/2020. (sm)
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Filing 190
Letter from Eitan D. Blanc, Esquire to The Honorable James B. Clark, III. (BLANC, EITAN)
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Filing 189
Letter from Camille V. Otero, Esq. to The Honorable James B. Clark III, U.S.M.J.. (OTERO-PHILLIPS, CAMILLE)
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Filing 188
LETTER ORDER that the Court will conduct a settlement conference via video conference with the parties on September 16, 2020 at 2:00 P.M; etc. Signed by Magistrate Judge James B. Clark on 8/26/2020. (sm)
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Filing 187
Letter from Eitan D. Blanc. (Attachments: #1 Exhibit)(BLANC, EITAN)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 8/6/2020. (seb)
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Filing 186
LETTER ORDER that the Court will conduct a telephone status conference with the parties on September 21, 2020 at 11:00 AM. Counsel for Defendant Bath Iron Works shall initiate the call. Discovery is stayed pending the call. Signed by Magistrate Judge James B. Clark on 8/6/2020. (sm)
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Filing 185
TEXT ORDER - Prior to the upcoming telephone conference, the party responsible for initiating the call shall provide dial-in information for the Court via e-mail (JBC_orders@njd.uscourts.gov) and for opposing counsel. So Ordered by Magistrate Judge James B. Clark on 8/5/2020. (seb)
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Filing 184
Letter from Eitan D. Blanc, Esq.. (Attachments: #1 Exhibit)(BLANC, EITAN)
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Filing 183
ORDER that the Court will conduct a telephone conference with the parties on 8/6/2020 at 10:00 AM Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 7/27/2020. (sm)
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Filing 182
Letter from Eitan D. Blanc. (Attachments: #1 Text of Proposed Order)(BLANC, EITAN)
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Filing 181
SUGGESTION OF BANKRUPTCY Upon the Record as to CONGOLEUM CORPORATION by CONGOLEUM CORPORATION. (OTERO-PHILLIPS, CAMILLE)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 6/9/2020. (seb)
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Filing 180
LETTER ORDER that expert discovery shall be completed by September 16, 2020; the Court will conduct a telephone status conference with the parties on9/16/2020 at 11:00 AM. Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 6/9/2020. (sm)
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Filing 179
ORDER re #178 Defendants' Letter. The conference call will proceed as scheduled. etc. Signed by Magistrate Judge James B. Clark on 6/8/2020. (dam, )
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Filing 178
Letter from Camille V. Otero to the Honorable James B. Clark, U.S.M.J.. (OTERO-PHILLIPS, CAMILLE)
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Filing 177
ORDER that the telephone status conference scheduled in this matter for June 10, 2020 is rescheduled to take place on June 9, 2020 at 11:00 AM. Counsel for Congoleum Corporation shall initiate the call.. Signed by Magistrate Judge James B. Clark on 6/5/2020. (ld, )
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Filing 176
ORDER denying #169 Motion to Compel Production of Privileged Documents and Deposition Testimony Placed "At Issue" by Bath Iron Works Corporation and its Former Counsel. Signed by Magistrate Judge James B. Clark on 6/5/2020. (ld, )
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Filing 175
LETTER ORDER that BIWs request #174 is DENIED. This denial, however, is without prejudice to the resubmission of BIWs request when the Court authorizes the filing of such motions in the future. Signed by Magistrate Judge James B. Clark on 4/6/2020. (sm)
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Filing 174
REDACTION to #173 Letter,, by BATH IRON WORKS CORPORATION. (Attachments: #1 Declaration of Ralph J. Marra (Redacted))(MARRA, RALPH)
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Filing 173
Letter from Ralph J. Marra to the Honorable James B. Clark, III, U.S.M.J.. (Attachments: #1 Declaration of Ralph J. Marra)(MARRA, RALPH)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/6/2020. (seb)
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Filing 172
LETTER ORDER that affirmative expert reports shall be served by 2/24/2020; responsive expert reports by 4/24/2020; expert discovery shall be completed by 6/26/2020; the Court will conduct a telephone status conference with the parties on 6/10/2020 at 10:00 a.m.; counsel for Congoleum Corporation shall initiate the call. Signed by Magistrate Judge James B. Clark on 2/6/2020. (sm)
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Filing 171
Letter from Camille Otero, Esq. to the Hon. James B. Clark, U.S.M.J.. (Attachments: #1 Proposed Order on Consent)(OTERO-PHILLIPS, CAMILLE)
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Filing 170
BRIEF in Opposition filed by BATH IRON WORKS CORPORATION re #169 MOTION to Compel Production of Privileged Documents and Deposition Testimony Placed "At Issue" by Bath Iron Works Corporation and its Former Counsel (Attachments: #1 Declaration of Ralph J. Marra, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Certificate of Service)(MARRA, RALPH)
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Set/Reset Deadlines as to #169 MOTION to Compel Production of Privileged Documents and Deposition Testimony Placed "At Issue" by Bath Iron Works Corporation and its Former Counsel. Motion set for 2/3/2020 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 169
MOTION to Compel Production of Privileged Documents and Deposition Testimony Placed "At Issue" by Bath Iron Works Corporation and its Former Counsel by CONGOLEUM CORPORATION. (Attachments: #1 Brief, #2 Declaration of Camille V. Otero, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Text of Proposed Order, #11 Certificate of Service)(OTERO-PHILLIPS, CAMILLE)
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Filing 168
STIPULATION AND ORDER AS TO PLAINTIFFS' ANSWER TO COUNTERCLAIMS; Congoleum Corporation has filed an Amended Pleading, ECF No. 160, that contains Counterclaims against Plaintiffs identical to those previously filed by Congoleum Corporation in ECF No. 19. Bath Iron Works Corporation has filed an Amended Pleading, ECF No. 159, that contains Counterclaims against Plaintiffs identical to those previously filed by Bath Iron Works Corporation in ECF No. 69. The parties hereby stipulate that Plaintiffs' responses, filed in ECF Nos. 74 and 76 shall apply as if filed in response to the recently filed pleadings, and Plaintiffs need not file new responsive pleadings to the Counterclaims; etc. Signed by Magistrate Judge James B. Clark on 1/3/2020. (sms)
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Filing 167
Plaintiffs' ANSWER to Counterclaim of Defendant Bath Iron Works Corporation by DVL KEARNY HOLDINGS, LLC.(BLANC, EITAN)
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Filing 166
Plaintiffs' ANSWER to Counterclaim of Defendant Congoleum Corporation by DVL KEARNY HOLDINGS, LLC, DVL, INC..(BLANC, EITAN)
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Filing 165
Letter from Eitan D. Blanc, Esquire. (Attachments: #1 Text of Proposed Order Stipulation)(BLANC, EITAN)
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Filing 164
AMENDED ANSWER to #160 Amended Answer to Complaint, Crossclaim, Counterclaim of Congoleum Corporation by BATH IRON WORKS CORPORATION. (Attachments: #1 Certificate of Service)(MARRA, RALPH)
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Filing 163
Amended ANSWER to Crossclaim , Amended Crossclaims of Bath Iron Works Corporation by CONGOLEUM CORPORATION.(OTERO-PHILLIPS, CAMILLE)
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Filing 162
ORDER granting Deft's #161 Letter request for a one week extension to 1/9/2020 to respond to DVL's questions. Signed by Magistrate Judge James B. Clark on 12/20/2019. (th, )
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Filing 161
Letter from Camille V. Otero, Esq. to The Honorable James B. Clark, U.S.M.J.. (OTERO-PHILLIPS, CAMILLE)
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Filing 160
AMENDED ANSWER to #18 Amended Complaint , Amended CROSSCLAIM against BATH IRON WORKS CORPORATION, COUNTERCLAIM against All Plaintiffs by CONGOLEUM CORPORATION. (OTERO-PHILLIPS, CAMILLE)
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Filing 159
AMENDED ANSWER to #18 Amended Complaint , Amended CROSSCLAIM against CONGOLEUM CORPORATION, COUNTERCLAIM against All Plaintiffs by BATH IRON WORKS CORPORATION. (MARRA, RALPH)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 12/5/2019. (seb)
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Filing 158
LETTER ORDER: BIW shall advise Congoleum by December 10, 2019 whether it will seek underlying documents from previous lawsuits. If BIW will not, Congoleum shall review and produce any materials by January 31, 2020; The Court will conduct a telephone status conference with the parties on February 6, 2020 at 11:00 A.M. Counsel for Plaintiff shall initiate the call; etc. Signed by Magistrate Judge James B. Clark on 12/5/2019. (sms)
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Filing 157
ORDER TO AMEND PLEADINGS; terminating D.E. #103 , #114 and #115 ; etc. Signed by Magistrate Judge James B. Clark on 12/5/2019. (sms)
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Set/Reset Deadlines as to #156 Joint MOTION for Leave to File Amended Pleadings. Motion set for 1/6/2020 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, )
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Filing 156
Joint MOTION for Leave to File Amended Pleadings by BATH IRON WORKS CORPORATION. (Attachments: #1 Exhibit 1 - Joint Stipulation in Transferred Action)(KANEFSKY, ERIC)
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Filing 155
TEXT ORDER - The conference call set for 12/5/2019 at 11 AM is rescheduled to 10:30 AM on the same date. So Ordered by Magistrate Judge James B. Clark on 12/4/2019. (seb)
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Filing 154
Letter from Camille V. Otero to the Hon. James B. Clark, U.S.M.J. regarding the parties' joint letter on outstanding discovery issues re #149 Order,, Terminate Motions,. (OTERO-PHILLIPS, CAMILLE)
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Filing 153
ORDER; denying #145 BIW's Motion to Compel; BIW's request is premature at this juncture and is therefore denied without prejudice to BIW renewing its request at the appropriate time; etc. Signed by Magistrate Judge James B. Clark on 12/2/2019. (sms)
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Filing 152
ORDER; re #151 Letter; *The Court will set new deadlines for expert discovery during the upcoming status conference; etc. Signed by Magistrate Judge James B. Clark on 11/12/2019. (sms)
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Filing 151
Letter from Eitan D. Blanc, Esquire. (BLANC, EITAN)
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Filing 150
LETTER ORDER; The telephone conference scheduled in this matter for November 7, 2019 at 11:30 AM is adjourned to December 5, 2019 at 11:00 AM; The June 21, 2019 pending motion to compel [Dkt. No. 120] has been superseded by the October 18, 2019 motion to compel [Dkt. No. 145]. Accordingly, The June 21, 2019 motion to compel [Dkt. No. 120] is hereby TERMINATED; By no later than December 2, 2019, the parties are to submit an updated version of their joint letter, which shall again be limited to seven (7) pages or less, and shall include any further developments as to Issues 4, 7 and 10; etc. Signed by Magistrate Judge James B. Clark on 11/6/2019.(sms)
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Filing 149
LETTER ORDER: The telephone conference scheduled in this matter for November 7, 2019 at 11:30 AM is adjourned to December 5, 2019 at 11:00 AM, etc. Motions terminated: #120 MOTION to Compel Production of Settlement Documents filed by BATH IRON WORKS CORPORATION.. Signed by Magistrate Judge James B. Clark on 11/6/2019. (seb)
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Filing 148
Letter from Camille V. Otero to the Hon. James B. Clark, U.S.M.J. regarding a Joint Status Update. (OTERO-PHILLIPS, CAMILLE)
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Filing 147
MEMORANDUM in Opposition filed by CONGOLEUM CORPORATION re #145 Amended MOTION to Compel Production of Settlement Documents, #120 MOTION to Compel Production of Settlement Documents (Attachments: #1 Declaration of Camille V. Otero in Support of Congoleum's Updated Memorandum of Law in Opposition to BIW's Updated Motion to Compel Production, #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)(OTERO-PHILLIPS, CAMILLE)
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Filing 146
MOTION to Withdraw as Attorney David J. Miller, Esq. by CONGOLEUM CORPORATION. (OTERO-PHILLIPS, CAMILLE)
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Set/Reset Deadlines as to #145 Amended MOTION to Compel Production of Settlement Documents. Motion set for 11/18/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, )
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Filing 145
Amended MOTION to Compel Production of Settlement Documents by BATH IRON WORKS CORPORATION. (Attachments: #1 Brief, #2 Declaration of Ralph J. Marra, Esq. (with Exs. 1-18), #3 Text of Proposed Order)(MARRA, RALPH)
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Filing 144
ORDER that the parties have until November 1, 2019 to have updated briefs on file, etc. re #143 Letter. Signed by Magistrate Judge James B. Clark on 10/7/19. (lag, )
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Filing 143
Letter from Eric T. Kanefsky to the Honorable James B. Clark, III, U.S.M.J. re #136 Scheduling Order,,, #120 MOTION to Compel Production of Settlement Documents. (KANEFSKY, ERIC)
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Filing 142
Letter from Eric T. Kanefsky to the Honorable James B. Clark, III, U.S.M.J. re #140 Letter. (KANEFSKY, ERIC)
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Filing 141
ORDER; granting #138 Plaintiff's letter request for leave to file a discovery dispute letter; *All outstanding discovery disputes shall be submitted to the Court following the procedure set forth in the Court's September 24, 2019 Order (Dkt.No 136). Signed by Magistrate Judge James B. Clark on 9/30/2019. (sms)
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Filing 140
Letter from Camille V. Otero, Esq. to The Honorable James B. Clark III, U.S.M.J.. (OTERO-PHILLIPS, CAMILLE)
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Filing 139
Letter from Camille V. Otero, Esq. to The Honorable James B. Clark III, U.S.M.J. re #136 Scheduling Order,,, #138 Letter, #137 Letter. (OTERO-PHILLIPS, CAMILLE)
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Filing 138
Letter from Eitan D. Blanc, Esquire. (BLANC, EITAN)
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Filing 137
Letter from Eric T. Kanefsky to the Honorable James B. Clark, III, U.S.M.J.. (KANEFSKY, ERIC)
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Filing 136
LETTER ORDER: The parties' September 10, 2019 letter [Dkt. No. 135] indicates that an issue raised in Bath Iron Works Corporations pending motion to compel [Dkt. No. 120] has been resolved. The parties are directed to meet and confer regarding all outstanding discovery disputes as set forth in the parties' September 10, 2019 joint letter to the Court, Plaintiffs' September 16, 2019 letter to the Court, and Defendant Congoleum Corporation's September 18, 2019 letter to the Court; The Court will conduct a telephone status conference with the parties on November 7, 2019 at 11:30 AM. Counsel for Defendant Congoleum Corporation shall initiate the call; etc. Signed by Magistrate Judge James B. Clark on 9/24/2019. (sms)
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Filing 135
Letter from Camille Otero to the Hon. James B. Clark, U.S.M.J. regarding the parties' joint status update. (OTERO-PHILLIPS, CAMILLE)
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Filing 134
NOTICE of Appearance by THOMAS RICHARD CALCAGNI on behalf of BATH IRON WORKS CORPORATION (CALCAGNI, THOMAS)
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Filing 133
NOTICE of Appearance by ERIC TODD KANEFSKY on behalf of BATH IRON WORKS CORPORATION (KANEFSKY, ERIC)
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Filing 132
NOTICE of Appearance by RALPH JOSEPH MARRA, JR on behalf of BATH IRON WORKS CORPORATION (MARRA, RALPH)
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Filing 131
Letter from Daren S. McNally re #120 MOTION to Compel Production of Settlement Documents. (MCNALLY, DAREN)
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Filing 130
Substitution of Attorney - Attorney THOMAS R. CURTIN and GEORGE C. JONES terminated.. (JONES, GEORGE)
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Filing 129
RESPONSE in Support filed by CONGOLEUM CORPORATION re #115 MOTION to Consolidate Cases (Attachments: #1 Declaration of Camille V. Otero, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(OTERO-PHILLIPS, CAMILLE)
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Filing 128
ORDER granting #126 Defendant Congoleum Corporation's Letter application for leave to file its reply brief on July 15, 2019. Signed by Magistrate Judge James B. Clark on 7/8/2019. (byl)
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Filing 127
REPLY to Response to Motion filed by BATH IRON WORKS CORPORATION re #114 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial (LICHTMAN, ANDREW)
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Filing 126
Letter from Camille V. Otero, Esq. to The Honorable James B. Clark III, U.S.M.J. re #115 MOTION to Consolidate Cases . (OTERO-PHILLIPS, CAMILLE)
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Filing 125
BRIEF in Opposition filed by CONGOLEUM CORPORATION re #120 MOTION to Compel Production of Settlement Documents (Attachments: #1 Summons of Camille V. Otero, Esq., #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, #13 Exhibit L, #14 Exhibit M)(OTERO-PHILLIPS, CAMILLE)
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Filing 124
RESPONSE to Motion filed by BATH IRON WORKS CORPORATION re #115 MOTION to Consolidate Cases (Attachments: #1 Declaration of Andrew J. Lichtman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(LICHTMAN, ANDREW)
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Filing 123
BRIEF in Opposition filed by CONGOLEUM CORPORATION re #114 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial (Attachments: #1 Exhibit 1)(OTERO-PHILLIPS, CAMILLE)
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Filing 122
NOTICE of Appearance by ANDREW JOSHUA LICHTMAN on behalf of BATH IRON WORKS CORPORATION (LICHTMAN, ANDREW)
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Filing 121
Letter from Eitan D. Blanc, Esquire. (BLANC, EITAN)
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Set Deadlines as to #120 Defendant's MOTION to Compel. Motion set for 7/15/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam, )
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Filing 120
MOTION to Compel Production of Settlement Documents by BATH IRON WORKS CORPORATION. (Attachments: #1 Brief, #2 Declaration of George C. Jones, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Text of Proposed Order, #21 Certificate of Service)(JONES, GEORGE)
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Filing 118
ORDER, granting #117 defendants' letter request for an adjournment of the motion dates; etc. Signed by Magistrate Judge James B. Clark on 6/17/2019. (sms)
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Reset Deadlines as to #114 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial, #115 MOTION to Consolidate Cases . Motion reset for 7/15/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms)
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Filing 117
Letter from Camille V. Otero to the Hon. James B. Clark, III, U.S.M.J. regarding adjournment of motions re #114 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial, #115 MOTION to Consolidate Cases . (OTERO-PHILLIPS, CAMILLE)
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Filing 119
LETTER ORDER, Defendant Congoleum Corporation's request to file a dispositive motion [Dkt. No. 112} is DENIED. The court will conduct Telephone Status Conference on 9/11/2019 at 10:30 AM before Magistrate Judge James B. Clark, etc. Signed by Magistrate Judge James B. Clark on 6/12/2019. (JB, ) Modified on 6/24/2019 (nic).
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 6/12/2019. (seb)
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Filing 116
Letter from Eitan Blanc. (BLANC, EITAN)
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Set Deadlines as to #114 MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial, #115 MOTION to Consolidate Cases . Motion set for 7/1/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms)
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Filing 115
MOTION to Consolidate Cases by BATH IRON WORKS CORPORATION. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(OTERO-PHILLIPS, CAMILLE)
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Filing 114
MOTION for Leave to File Amended Answer, Affirmative Defenses and Counterclaims to Plaintiffs' Amended Complaint, Crossclaims Against Congoleum Corporation, and Demand for Jury Trial by BATH IRON WORKS CORPORATION. (Attachments: #1 Brief, #2 Declaration of George C. Jones, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I (Part 1), #12 Exhibit I (Part 2), #13 Text of Proposed Order, #14 Certificate of Service)(JONES, GEORGE)
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Filing 113
Letter from Eitan D. Blanc, Esq. and Anthony R. Twardowski, Esquire. (BLANC, EITAN)
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Filing 112
Letter from Camille V. Otero to the Honorable James B. Clark, III, U.S.M.J.. (OTERO-PHILLIPS, CAMILLE)
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Filing 111
REPLY BRIEF to Opposition to Motion filed by BATH IRON WORKS CORPORATION re #103 MOTION for Leave to File Amended Answer and Affirmative Defenses to Congoleum Corporation's Cross-Claims, with Demand for Jury Trial (Attachments: #1 Second Declaration of George C. Jones, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Certificate of Service)(JONES, GEORGE)
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Filing 110
LETTER ORDER; With respect the dispute outlined in the parties' April 9, 2019 joint letter to the Court Dkt. No. #100 the Court orders Defendant Bath Iron Works to file a formal motion to compel. The motion shall be filed by no later than June 21, 2019 and shall encompass the entirety of the parties' dispute; Defendant Congoleum Corporation's motion for summary judgment was filed in violation of Paragraph 17 of the Pretrial Scheduling Order; Accordingly, Defendant Congoleum Corporations motion Dkt. No. #105 is hereby TERMINATED. If Defendant Congoleum Corporation wishes to file any dispositive motion, they may file a letter application seeking leave of the Court as set forth in the Pretrial Scheduling Order; etc. Signed by Magistrate Judge James B. Clark on 5/28/2019. (sms)
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Set Deadlines as to #105 MOTION for Summary Judgment . Motion set for 6/17/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms)
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Filing 109
AMENDED DOCUMENT by CONGOLEUM CORPORATION. Amendment to #105 MOTION for Summary Judgment Corrected Proposed Order Granting Defendant's Motion for Summary Judgment. (OTERO-PHILLIPS, CAMILLE)
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Filing 108
CERTIFICATION in Support filed by CONGOLEUM CORPORATION re #105 MOTION for Summary Judgment [Declaration of Camille V. Otero. Esq. in Support of Motion for Summary Judgment] (Attachments: #1 Exhibit A - Part 1 of 2, #2 Exhibit A - Part 2 of 2, #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, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(OTERO-PHILLIPS, CAMILLE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Filing 107
STATEMENT of Material Fact in Support filed by CONGOLEUM CORPORATION re #105 MOTION for Summary Judgment (OTERO-PHILLIPS, CAMILLE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Filing 106
MEMORANDUM in Support filed by CONGOLEUM CORPORATION re #105 MOTION for Summary Judgment (OTERO-PHILLIPS, CAMILLE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
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Filing 105
MOTION for Summary Judgment by CONGOLEUM CORPORATION. (Attachments: #1 Declaration of James Monyak, #2 Text of Proposed Order, #3 Certificate of Service)(OTERO-PHILLIPS, CAMILLE)
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Filing 104
RESPONSE in Opposition filed by CONGOLEUM CORPORATION re #103 MOTION for Leave to File Amended Answer and Affirmative Defenses to Congoleum Corporation's Cross-Claims, with Demand for Jury Trial (Attachments: #1 Certificate of Service)(OTERO-PHILLIPS, CAMILLE)
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Set Deadlines as to #103 MOTION for Leave to File Amended Answer and Affirmative Defenses to Congoleum Corporation's Cross-Claims, with Demand for Jury Trial. Motion set for 6/3/2019 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms)
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Filing 103
MOTION for Leave to File Amended Answer and Affirmative Defenses to Congoleum Corporation's Cross-Claims, with Demand for Jury Trial by BATH IRON WORKS CORPORATION. (Attachments: #1 Brief, #2 Declaration of George C. Jones, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Text of Proposed Order, #7 Certificate of Service)(JONES, GEORGE)
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Filing 102
Letter from Daren S. McNally. (MCNALLY, DAREN)
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Filing 101
Letter from Eitan D. Blanc, Esquire and Anthony R. Twardowski, Esquire. (BLANC, EITAN)
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Filing 100
Letter from George C. Jones and Camille V. Otero to the Honorable James B. Clark, III, U.S.M.J. re #99 Order,, #96 Letter, #90 Letter, #95 Letter, #97 Letter, #98 Letter. (Attachments: #1 BIW Exhibits 1-2, #2 Congoleum Exhibits A-G)(JONES, GEORGE)
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Filing 99
LETTER ORDER; The Court is in receipt of Defendants Congoluem Corporation's and Bath Iron Works Corporations multiple letters regarding various discovery requests and issues. [Dkt. Nos. 90, 95, 96, 97 and 98]. With respect to the issues raised in Dkt. Nos. 90, 95, 96, 97 and 98, the parties are directed to meet and confer and attempt to resolve their issues. To the extent the parties are unable to resolve their issues, the parties shall submit a joint letter of ten (10) pages or less outlining their respective position by no later than April 18, 2019. Signed by Magistrate Judge James B. Clark on 03/18/2019. (sms)
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Filing 98
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. re #97 Letter. (JONES, GEORGE)
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Filing 97
Letter from Camille V. Otero to the Honorable James B. Clark, III, U.S.M.J. re #96 Letter. (OTERO-PHILLIPS, CAMILLE)
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Filing 96
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. re #95 Letter,. (Attachments: #1 Exhibit 12)(JONES, GEORGE)
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Filing 95
Letter from C. Otero in Opposition to Bath Iron Works Corporation's Motion to Compel re #90 Letter,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(OTERO-PHILLIPS, CAMILLE)
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Filing 94
ORDER, granting #93 Congoleum Corporation letter request for leave to file a letter brief of 13 pages; etc. Signed by Magistrate Judge James B. Clark on 03/04/2019. (sms)
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Filing 93
Letter from Kevin Weber to the Hon. James B. Clark, III, U.S.M.J. (WEBER, KEVIN)
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Filing 92
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. re #90 Letter,. (JONES, GEORGE)
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Filing 91
TEXT ORDER - The parties shall respond to Defendants letter filed on 2/27/2019 [ECF No. 90] by no later than March 6, 2019. So Ordered by Magistrate Judge James B. Clark on 3/1/2019. (seb)
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Filing 90
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J.. (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)(JONES, GEORGE)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/13/2019. (seb)
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Filing 89
LETTER ORDER: Telephone status conference with the parties on 6/12/2019 at 10:00 AM before Magistrate Judge James B. Clark. Fact discovery shall be completed by 9/29/2019; etc. Signed by Magistrate Judge James B. Clark on 02/13/2019. (sms)
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Filing 88
Amendment to Discovery Confidentiality Order D.E. #50 ; etc. Signed by Magistrate Judge James B. Clark on 02/13/2019. (sms)
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Filing 87
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J.. (Attachments: #1 Text of Proposed Order)(JONES, GEORGE)
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Filing 86
ORDER, granting #85 Letter request to extend the time in which Third-party Defendant Bath Iron Works Corp, has to answer, object or otherwise respond to the third-party subpoena served on Century in this action up until December 14, 2018; etc. Signed by Magistrate Judge James B. Clark on 12/6/2018. (sms)
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Filing 85
Letter from Carolyn Wall re request for an extension of time to answer, object or otherwise respond to Bath Iron Works Corp's third-party subpoena. (WALL, CAROLYN)
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Filing 84
Letter from Travelers. (GOODWIN, MEGHAN)
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 11/14/2018. (seb)
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Filing 83
ORDER, granting #81 The Traveler's Indemnity Company ("Travelers") letter request for an additional two-week extension of time to answer, object or otherwise respond to the third-party subpoena; etc. Signed by Magistrate Judge James B. Clark on 11/14/2018. (sms)
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Filing 82
LETTER ORDER: The Court will conduct a telephone status conference with the parties on 2/13/2019 at 10:00 AM before Magistrate Judge James B. Clark. Counsel for Defendant Bath Iron Works Corporation shall initiate the call. The deadline for filing motions for leave to amend pleadings or add parties is extended to 2/8/2019. Signed by Magistrate Judge James B. Clark on 11/14/2018. (sms)
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Filing 81
Letter from The Travelers Indemnity Company. (GOODWIN, MEGHAN)
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Filing 80
ORDER, granting #79 Century Indemnity Company letter request for an extension of time to answer, object or otherwise respond to the third-party subpoena until November 14, 2018; etc. Signed by Magistrate Judge James B. Clark on 11/7/2018. (sms)
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Filing 79
Letter from Century Indemnity Company re third-party subpoena. (WALL, CAROLYN)
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Filing 78
ORDER granting The Travelers Indemnity Company a two week extension of time to answer, object or otherwise respond to the third-party subpoena. Signed by Magistrate Judge James B. Clark on 11/2/2018. (sm)
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Filing 77
Letter from The Travelers Indemnity Company. (GOODWIN, MEGHAN)
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Filing 76
AMENDED ANSWER to #69 Answer to Complaint,, Crossclaim,, Counterclaim, Counterclaim of Bath Iron Works Corporation (corrected caption) by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (BLANC, EITAN)
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Filing 75
ANSWER to Crossclaim of Bath Iron Works Corporation by CONGOLEUM CORPORATION.(OTERO-PHILLIPS, CAMILLE)
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Filing 74
AMENDED ANSWER to #19 Answer to Amended Complaint, Crossclaim, Counterclaim Counterclaim of Congoleum Corporation (corrected caption) by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (BLANC, EITAN)
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Filing 73
ANSWER to Counterclaim of Bath Iron Works Corporation by DVL KEARNY HOLDINGS, LLC, DVL, INC..(BLANC, EITAN) Modified on 10/29/2018 (sm, ).
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Filing 72
ANSWER to Counterclaim of Congoleum Corporation by DVL KEARNY HOLDINGS, LLC, DVL, INC..(BLANC, EITAN)
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Filing 71
Letter from Camille Otero to the Hon. James B. Clark, U.S.M.J. regarding a Joint Status Update. (OTERO-PHILLIPS, CAMILLE)
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Set Deadlines as to #68 MOTION to Withdraw as Attorney . Motion set for 11/5/2018 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms)
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Filing 70
ANSWER to Crossclaim of Congoleum Corporation by BATH IRON WORKS CORPORATION. (Attachments: #1 Certificate of Service)(JONES, GEORGE)
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Filing 69
ANSWER to Complaint with JURY DEMAND (Answer to Amended Complaint), CROSSCLAIM against CONGOLEUM CORPORATION, COUNTERCLAIM against DVL KEARNY HOLDINGS, LLC, DVL, INC. by BATH IRON WORKS CORPORATION. (Attachments: #1 Certificate of Service)(JONES, GEORGE)
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Filing 68
MOTION to Withdraw as Attorney by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (HENRY, DYLAN)
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Filing 67
NOTICE by CONGOLEUM CORPORATION of Shawn M. LaTourette to be terminated and withdraw from Notices of Electronic filing and to be replaced by David J. Miller (LATOURETTE, SHAWN)
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Filing 66
Corporate Disclosure Statement by BATH IRON WORKS CORPORATION identifying General Dynamics Corporation as Corporate Parent.. (JONES, GEORGE)
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Filing 65
LETTER ORDER: Telephone Conference set for 11/24/2018 at 11:30 AM before Magistrate Judge James B. Clark. Defendant Bath Iron Works Corporation shall answer to Amended Complaint by 10/8/2018.. Signed by Magistrate Judge James B. Clark on 8/28/2018. (fp, )
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 8/28/2018. (seb)
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Filing 64
ORDER Denying Motion #24 of Defendant BIW to Dismiss Plaintiffs amended complaint and cross-claims and Congoleum Corporation third-party complaint; and denying as moot Congoleum's #40 Motion for Leave to File surreply to BIW's motion to dismiss. Signed by Judge Kevin McNulty on 08/23/2018. (sms) Modified on 8/29/2018 (sms).
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Filing 63
OPINION. Signed by Judge Kevin McNulty on 08/23/2018. (sms)
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Filing 62
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J.. (JONES, GEORGE)
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Filing 61
JOINT PROPOSED AMENDED SCHEDULING ORDER: Telephone Conference set for 8/28/2018 at 11:30 AM before Magistrate Judge James B. Clark. The deadline for Fact Discovery is modified to 3/29/2019. Etc. Signed by Magistrate Judge James B. Clark on 7/2/2018. (fp)
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Filing 60
Letter from Eitan D. Blanc, Esquire. (Attachments: #1 Order)(BLANC, EITAN)
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Filing 59
Notice of Request by Pro Hac Vice Sarah L. Futernick to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8840197.) (JONES, GEORGE)
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Filing 58
Notice of Request by Pro Hac Vice Wade A. Thomson to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8840137.) (JONES, GEORGE)
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Pro Hac Vice counsel, WADE A. THOMSON and SARAH L. FUTERNICK, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sms)
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Filing 57
ORDER, granting #56 Letter request for the Application and Admissions Pro Hac Vice of Wade A. Thomson and Sarah L. Futernick; Pro Hac Vice Counsel shall each pay $150 to the Clerk of the United States District Court for the District of New Jersey for counsel's admission pro hac vice in this matter, in accordance with Local Civil Rule 101.1(c)(3); etc. Signed by Magistrate Judge James B. Clark on 06/25/2018. (sms)
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Filing 56
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. requesting entry of an order for the pro hac vice admission of counsel. (Attachments: #1 Declaration of George C. Jones, #2 Declaration of Wade A. Thomson, #3 Declaration of Sarah L. Futernick, #4 Text of Proposed Order)(JONES, GEORGE)
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Filing 55
NOTICE of Appearance by DYLAN F. HENRY on behalf of All Plaintiffs (HENRY, DYLAN)
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Filing 54
ORDER, that the parties may submit a Joint Proposed Amended Scheduling Order re #52 Letter request. Signed by Magistrate Judge James B. Clark on 05/31/2018. (sms)
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Filing 53
ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI)(ELECTRONIC DISCOVERY). Signed by Magistrate Judge James B. Clark on 05/31/2018. (sms)
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Filing 52
Letter from Camille V. Otero, Esq. to the Honorable James. B. Clark III, U.S.M.J. Enclosing Joint Electronic Discovery Plan and Requesting Status Conference re #42 Scheduling Order,. (Attachments: #1 Text of Proposed Order Joint Electronic Discovery Plan)(OTERO-PHILLIPS, CAMILLE)
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Filing 51
NOTICE of Appearance by KEVIN W. WEBER on behalf of CONGOLEUM CORPORATION (WEBER, KEVIN)
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Filing 50
Discovery Confidentiality Order. Signed by Magistrate Judge James B. Clark on 05/03/2018. (sms)
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Filing 49
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J.. (Attachments: #1 Text of Proposed Order -- Confidentiality Order)(JONES, GEORGE)
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Filing 48
Notice of Request by Pro Hac Vice Michael A. Doornweerd to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8645678.) (JONES, GEORGE)
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Filing 47
ORDER permitting Michael A. Doornweerd, Esq. to appear pro hac vice. Signed by Magistrate Judge James B. Clark on 4/13/18. (sr, )
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Filing 46
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. requesting the entry of an order for the admission pro hac vice of Michael A. Doornweerd. (Attachments: #1 Declaration of George C. Jones, #2 Declaration of Michael A. Doornweerd, #3 Text of Proposed Order)(JONES, GEORGE)
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Pro Hac Vice counsel, MICHAEL A. DOORNWEERD, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )
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Filing 45
NOTICE of Change of Address by THOMAS R. CURTIN (CURTIN, THOMAS)
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Filing 44
NOTICE of Change of Address by GEORGE C. JONES (JONES, GEORGE)
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Filing 43
BRIEF in Opposition filed by BATH IRON WORKS CORPORATION re #40 MOTION for Leave to File Sur-Reply in Opposition to Bath Iron Works Corporation's Motion to Dismiss (Attachments: #1 Certificate of Service)(CURTIN, THOMAS)
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Filing 42
PRETRIAL SCHEDULING ORDER: scheduling a telephone Status Conference on 7/11/2018 11:30 AM before Magistrate Judge James B. Clark, any motion to add new parties, whether by amended or third-party complaint, must be filed not later than 7/27/2018, Fact Discovery due by 12/31/2018, any motion to amend pleadings must be filed not later than 7/27/2018; etc. Signed by Magistrate Judge James B. Clark on 2/20/18. (sr, )
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Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 2/20/2018. (seb)
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Pro Hac Vice counsel, Anthony R. Twardowski, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )
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Filing 41
Notice of Request by Pro Hac Vice Anthony R. Twardowski to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8482177.) (BLANC, EITAN)
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Set/Reset Deadlines as to #40 MOTION for Leave to File Sur-Reply in Opposition to Bath Iron Works Corporation's Motion to Dismiss. Motion set for 3/19/2018 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sr, )
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Filing 40
MOTION for Leave to File Sur-Reply in Opposition to Bath Iron Works Corporation's Motion to Dismiss by CONGOLEUM CORPORATION. (Attachments: #1 Brief In Support of Motion for Leave to File Sur-Reply, #2 Exhibit Sur-Reply in Opposition to Bath Iron Works Corporation's Motion to Dismiss, #3 Text of Proposed Order, #4 Certificate of Service)(LATOURETTE, SHAWN)
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Filing 39
Joint Discovery Plan by DVL KEARNY HOLDINGS, LLC, DVL, INC..(BLANC, EITAN)
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Filing 38
NOTICE of Appearance by EITAN DANIEL BLANC on behalf of DVL KEARNY HOLDINGS, LLC, DVL, INC. (Attachments: #1 Certification)(BLANC, EITAN)
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Filing 37
Letter from Congoleum Corporation regarding oral argument and potential sur-reply re #24 MOTION to Dismiss Amended Complaint and Cross-Claim. (LATOURETTE, SHAWN)
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Filing 36
REPLY BRIEF to Opposition to Motion filed by BATH IRON WORKS CORPORATION re #24 MOTION to Dismiss Amended Complaint and Cross-Claim (Attachments: #1 Attachment 1 to Reply Brief, #2 Appendix Exhibit 2 (Corrected), #3 Certificate of Service)(CURTIN, THOMAS)
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Filing 35
ORDER permitting defendant BIW to file an over-length reply brief in support of their Motion to Dismiss not to exceed 25 pages. Signed by Judge Kevin McNulty on 1/25/18. (sr, )
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Filing 34
Letter from George C. Jones to the Honorable Kevin McNulty, U.S.D.J., requesting permission to file a single over-length reply brief re #32 Memorandum in Opposition of Motion, #33 Memorandum in Opposition of Motion. (JONES, GEORGE)
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Filing 33
MEMORANDUM in Opposition filed by CONGOLEUM CORPORATION re #24 MOTION to Dismiss Amended Complaint and Cross-Claim (Attachments: #1 Certificate of Service)(LATOURETTE, SHAWN)
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Filing 32
MEMORANDUM in Opposition filed by DVL KEARNY HOLDINGS, LLC, DVL, INC. re #24 MOTION to Dismiss Amended Complaint and Cross-Claim (Attachments: #1 Text of Proposed Order)(SCHMIDT, PAUL)
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Pro Hac Vice counsel, CATHERINE L. STEEGE and JOHN D. VANDEVENTER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (sr, )
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Filing 31
Notice of Request by Pro Hac Vice John D. VanDeventer to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8328445.) (JONES, GEORGE)
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Filing 30
Notice of Request by Pro Hac Vice Catherine L. Steege to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8328414.) (JONES, GEORGE)
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Filing 29
ORDER permitting Catherine L. Steege and John D. VanDeventer to appear pro hac vice. Signed by Magistrate Judge James B. Clark on 12/13/17. (sr, )
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Filing 28
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J. requesting the entry of an order for the admissions pro hac vice of Catherine L. Steege and John D. VanDeventer. (Attachments: #1 Declaration of George C. Jones, #2 Declaration of Catherine L. Steege, #3 Declaration of John D. VanDeventer, #4 Text of Proposed Order)(JONES, GEORGE)
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Filing 27
ORDER that defendant's request to adjourn the initial conference pending the outcome of its motion to dismiss is denied. The Court will adjourn the initial conference to 2/20/18 at 11:30 a.m. to allow for briefing on the motion to dismiss to be completed. Signed by Magistrate Judge James B. Clark on 12/11/17. (sr, )
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Filing 26
Letter re #14 Order, Set Hearings, Set/Clear Flags. (LATOURETTE, SHAWN)
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Filing 25
Letter re #14 Order, Set Hearings, Set/Clear Flags. (JONES, GEORGE)
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Filing 24
MOTION to Dismiss Amended Complaint and Cross-Claim by BATH IRON WORKS CORPORATION. Responses due by 2/5/2018 (Attachments: #1 Brief, #2 Appendix, #3 Text of Proposed Order, #4 Certificate of Service)(CURTIN, THOMAS)
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Filing 23
CONSENT ORDER that BIW shall file its Motion to Dismiss DVL's Amended Complaint and Congoleum's Cross-Claim on or before 12/5/17, with a return date of 2/5/18; etc. Signed by Magistrate Judge James B. Clark on 12/5/17. (sr, )
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Set/Reset Deadlines as to #24 MOTION to Dismiss Amended Complaint and Cross-Claim. Motion set for 2/5/2018 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sr, )
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Filing 22
Letter from George C. Jones to the Honorable James B. Clark, III, U.S.M.J.. (Attachments: #1 Text of Proposed Order)(JONES, GEORGE)
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Filing 21
NOTICE of Appearance by GEORGE C. JONES on behalf of BATH IRON WORKS CORPORATION (JONES, GEORGE)
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Filing 20
NOTICE of Appearance by THOMAS R. CURTIN on behalf of BATH IRON WORKS CORPORATION (CURTIN, THOMAS)
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Filing 19
ANSWER to Amended Complaint , CROSSCLAIM against BATH IRON WORKS CORPORATION, COUNTERCLAIM against DVL KEARNY HOLDINGS, LLC, DVL, INC. by CONGOLEUM CORPORATION.(LATOURETTE, SHAWN)
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Filing 18
AMENDED COMPLAINT against All Defendants All Defendants., filed by DVL, INC..(SCHMIDT, PAUL)
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Filing 17
CLAIM Counterclaim by All Plaintiffs. (SCHMIDT, PAUL)
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Filing 16
WAIVER OF SERVICE Returned Executed by BATH IRON WORKS CORPORATION. BATH IRON WORKS CORPORATION waiver sent on 10/6/2017, answer due 12/5/2017. (LATOURETTE, SHAWN)
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Filing 15
Corporate Disclosure Statement by CONGOLEUM CORPORATION. (LATOURETTE, SHAWN)
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Filing 14
LETTER ORDER: Initial Conference set for 1/5/2018 at 11:00 AM in Newark - Courtroom 2A before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 10/11/2017. (seb)
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Filing 13
ANSWER to Complaint , THIRD PARTY COMPLAINT against BATH IRON WORKS CORPORATION, COUNTERCLAIM against DVL KEARNY HOLDINGS, LLC, DVL, INC. by CONGOLEUM CORPORATION.(LATOURETTE, SHAWN)
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Pro Hac Vice fee of $150 received as to Anthony Twardowski, Esq., receipt number TRE083264. (jem)
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Filing 12
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice as to Anthony Twardowski, Esq.. Signed by Magistrate Judge James B. Clark on 8/11/2017. (ld, )
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Filing 11
STIPULATION AND ORDER EXTENDING TIME TO MOVE OR FILE RESPONSIVE PLEADING; that Defendant shall file a motion to dismiss the Complaint, if any, by September 11, 2017. In the absence of a motion, Defendant shall file an answer to the Complaint by October 10, 2017.. Signed by Magistrate Judge James B. Clark on 8/11/2017. (ld, )
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Set/Reset Deadlines as to #9 First MOTION for Leave to Appear Pro Hac Vice Anthony Twardowski. Motion set for 9/5/2017 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (DD, )
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Filing 10
STIPULATION Extending Time to Answer by CONGOLEUM CORPORATION. (LATOURETTE, SHAWN)
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Filing 9
First MOTION for Leave to Appear Pro Hac Vice Anthony Twardowski by DVL, INC.. (SCHMIDT, PAUL)
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Filing 8
NOTICE of Appearance by WILLIAM S. HATFIELD on behalf of CONGOLEUM CORPORATION (HATFIELD, WILLIAM)
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Filing 7
NOTICE of Appearance by SHAWN M. LATOURETTE on behalf of CONGOLEUM CORPORATION (LATOURETTE, SHAWN)
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Filing 6
NOTICE of Appearance by CAMILLE V. OTERO-PHILLIPS on behalf of CONGOLEUM CORPORATION (OTERO-PHILLIPS, CAMILLE)
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Filing 5
WAIVER OF SERVICE Returned Executed by DVL KEARNY HOLDINGS, LLC. CONGOLEUM CORPORATION waiver sent on 6/12/2017, answer due 8/11/2017. (SCHMIDT, PAUL)
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Filing 4
REQUEST FOR WAIVER of Service sent to Congoleum Corporation c/o Neil C. Schur, Esquire on 6/12/2017 by DVL KEARNY HOLDINGS, LLC. Waiver of Service due by 8/11/2017. (SCHMIDT, PAUL)
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Filing 3
SUMMONS ISSUED as to CONGOLEUM CORPORATION Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Susan Miller* (sm, )
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Filing 2
Corporate Disclosure Statement by DVL KEARNY HOLDINGS, LLC, DVL, INC.. (sm, )
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Filing 1
COMPLAINT against CONGOLEUM CORPORATION ( Filing and Admin fee $ 400 receipt number 0312-7896634), filed by DVL, INC., DVL KEARNY HOLDINGS, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(sm, )
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