United States of America et al v. Tishman Construction Corporation et al
| United States of America, State Of New York and Magdy M. Youssef |
| Tishman Construction Corporation, AECOM Technology Corporation, Turner Construction Company, The Turner Corporation and Does 1-50 |
| 1:2012cv03862 |
| August 3, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Ramon E Reyes |
| Labor: Other |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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| Filing 65 CLERK'S JUDGMENT, in favor of The Turner Corporation, Tishman Construction Corporation, Turner Construction Company against State Of New York, United States of America, Magdy M. Youssef. ORDERED and ADJUDGED that Defendants' motions to dismiss are granted; and that the action is dismissed with prejudice. Ordered by Douglas C. Palmer, Clerk of Court, by J. Hamilton, Deputy Clerk on 3/23/2017. (Layne, Monique) |
Filing 64
ORDER ADOPTING REPORT AND RECOMMENDATIONS -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER and, upon review of the objections made to the thorough and well reasoned Report and Recommendation ("R & R") issued on February 2, 2017, by the Hon. Ramon E. Reyes, U.S.M.J., the objections are overruled and the R & R is adopted in its entirety. Accordingly, defendants' motions to dismiss are granted and this action is dismissed. The Clerk of the Court is directed to enter judgment and close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/23/2017. (Irizarry, Dora)
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| Filing 63 REPLY in Support re #43 MOTION to Dismiss Second Amended Complaint, #42 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by The Turner Corporation, Tishman Construction Corporation, Turner Construction Company. (Greene, Patrick) |
| Filing 62 REPLY in Opposition re #60 Objection to Report and Recommendations filed by Tishman Construction Corporation. (Kesselman, Dov) |
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ORDER granting #61 Motion for Extension of Time to File Response/Reply re #61 -- Responses due by 3/9/2017 -- Defendants' belated request for an extension of time to file their responses to Plaintiff's objections to the Report and Recommendation issued on February 2, 2017, is GRANTED reluctantly. Such requests are to be made by letter not motion and at least two days prior to the deadline. Counsel should not presume that the Court will be able to act on a request made at the eleventh hour. Additionally, Defendants' counsel did not explain why the request, premised on an obligation in another case presumably scheduled before the present deadline, was not made earlier. Defendants must file their response on or before March 9, 2017. NO FURTHER EXTENSIONS WILL BE GRANTED. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/2/2017. (Irizarry, Dora)
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| Filing 61 MOTION for Extension of Time to File Response/Reply as to #60 Objection to Report and Recommendations by The Turner Corporation, Turner Construction Company. (Greene, Patrick) |
| Filing 60 OBJECTION to #59 Report and Recommendations filed by Magdy M. Youssef. (Kaiser, Daniel) |
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Filing 59
REPORT AND RECOMMENDATIONS re #43 MOTION to Dismiss Second Amended Complaint filed by Turner Construction Company, The Turner Corporation, #42 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by Tishman Construction Corporation. For the reasons contained herein, I respectfully recommend that Defendants motions to dismiss be granted with prejudice. Objections to the report and recommendation are due by 2/16/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/2/2017. (Din, Myra)
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| Motion terminated, docketed incorrectly: #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss filed by Magdy M. Youssef -- This document was improperly filed as a motion to dismiss; it is a request for judicial notice of certain facts, which application will be decided in conjunction with the Motion to Dismiss filed under #43 . (Carosella, Christy) |
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ORDER REFERRING MOTIONS: #43 MOTION to Dismiss Second Amended Complaint filed by Turner Construction Company, The Turner Corporation; and #42 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by Tishman Construction Corporation -- These motions are referred to Magistrate Judge Ramon E. Reyes, Jr. for the preparation of a Report and Recommendations. So Ordered by Chief Judge Dora Lizette Irizarry on 6/16/2016. (Carosella, Christy)
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| Filing 58 REPLY in Support re #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss filed by All Plaintiffs. (Saurborn, Henry) |
| Filing 57 MEMORANDUM in Opposition re #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss filed by The Turner Corporation. (Saurborn, Henry) |
| Filing 56 MEMORANDUM in Opposition re #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss filed by Tishman Construction Corporation. (Saurborn, Henry) |
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ORDER granting #55 Motion for Extension of Time to File Response/Reply re #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss: The request -- which should have been made by letter, not motion, pursuant to the Court's Individual Practice and Rules -- is granted. Relator's reply memorandum is now due by March 25, 2016. So Ordered by Judge Dora Lizette Irizarry on 3/2/2016. (Carosella, Christy)
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| Filing 55 MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss by Magdy M. Youssef. (Kaiser, Daniel) |
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ORDER granting #54 Motion for Extension of Time to File Response/Reply -- The request--which should have been made by letter, not motion, pursuant to the Court's Individual Practice and Rules--is granted, and the briefing schedule reflected in the motion is approved. When fully briefed, the motion for judicial notice will be consolidated for decision with the pending motion to dismiss. So Ordered by Judge Dora Lizette Irizarry on 2/9/2016. (Carosella, Christy)
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| Filing 54 MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss by The Turner Corporation, Turner Construction Company. (Hess, Frank) |
| Filing 53 MOTION to Dismiss / requesting that the Court take judicial notice of Facts and Documents relevant to the Court's determination of the pending Motion to Dismiss by Magdy M. Youssef. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2) (Kaiser, Daniel) |
| Filing 52 REPLY in Support re #42 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint Reply Memorandum of Law in Further Support filed by Tishman Construction Corporation. (Kesselman, Dov) |
| Filing 51 REPLY in Opposition re #43 MOTION to Dismiss Second Amended Complaint Reply Memorandum to Plaintiff Oppostion to Defendant Motion to Dismiss filed by The Turner Corporation, Turner Construction Company. (Greene, Patrick) |
| Filing 50 Letter to Hon. Dora L. Irizarry from Daniel J. Kaiser, Esq. by Magdy M. Youssef (Kaiser, Daniel) |
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ORDER re #41 , #48 , and #49 , Second Amended Complaint, filed by Magdy M. Youssef --- It appears that plaintiff-relator now has filed the Second Amended Complaint three separate times on the electronic docket for this case, without so much as a letter to the Court to explain the reason why, or to inform the Court of any differences between the successive filings. As it is within this Court's purview to manage the orderliness of its docket, and to ensure that defendants are not prejudiced by the successive filings, plaintiff-relator is directed to submit, on or before OCTOBER 28, 2015, a brief letter explaining the successive filings, and indicating which filing it considers to be the operative pleading. So Ordered by Judge Dora Lizette Irizarry on 10/23/2015. (Carosella, Christy)
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| Filing 49 AMENDED COMPLAINT Second Amended Complaint with exhibits against The Turner Corporation, Tishman Construction Corporation, Turner Construction Company, filed by Magdy M. Youssef. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 141, #15 Exhibit 15) (Kaiser, Daniel) |
| Incorrect Document/Entry Information RE #48 , filer will refile a correctly filed Amended Complaint. (Layne, Monique) |
| Filing 48 AMENDED COMPLAINT , Second Amended Complaint, including exhibits, against Magdy M. Youssef, filed by Magdy M. Youssef. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Kaiser, Daniel) |
| Filing 47 MEMORANDUM in Opposition re #43 MOTION to Dismiss Second Amended Complaint filed by Magdy M. Youssef. (Kaiser, Daniel) |
| Filing 46 AFFIDAVIT/DECLARATION in Opposition re #43 MOTION to Dismiss Second Amended Complaint filed by Magdy M. Youssef. (Attachments: #1 Exhibit A, #2 Exhibit B) (Kaiser, Daniel) |
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ORDER granting #45 Motion for Leave to File Excess Pages. So Ordered by Judge Dora Lizette Irizarry on 10/15/2015. (Carosella, Christy)
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| Filing 45 Letter MOTION for Leave to File Excess Pages by Magdy M. Youssef. (Kaiser, Daniel) |
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ORDER granting #44 Motion for Extension of Time to File -- The Court hereby adopts the briefing schedule stipulated to by the parties. Accordingly: (1) relator's opposition to defendants' pending motions to dismiss is due on or before OCTOBER 16, 2015; and (2) defendants shall reply to the opposition on or before NOVEMBER 20, 2015. Finally, the Court notes that this request for an extension was made by motion, whereas this Court's individual rules require that such requests be made by letter. The parties are admonished to comply with this Court's rules in all future filings, and are hereby advised that any further non-compliant filings will be stricken. So Ordered by Judge Dora Lizette Irizarry on 9/28/2015. (Carosella, Christy)
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| Filing 44 MOTION for Extension of Time to File opposition papers to defendants' motion to dismiss by Magdy M. Youssef. (Attachments: #1 Proposed Order) (Kaiser, Daniel) |
| Filing 43 MOTION to Dismiss Second Amended Complaint by The Turner Corporation, Turner Construction Company. (Attachments: #1 Memorandum in Support) (Greene, Patrick) |
| Filing 42 Motion to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint by Tishman Construction Corporation. (Attachments: #1 Declaration of Dov Kesselman, Esq., #2 Kesselman Decl. Ex. A, #3 Kesselman Decl. Ex. B pt. 1 of 7, #4 Kesselman Decl. Ex. B pt. 2 of 7, #5 Kesselman Decl. Ex. B pt. 3 of 7, #6 Kesselman Decl. Ex. B pt. 4 of 7, #7 Kesselman Decl. Ex. B pt. 5 of 7, #8 Kesselman Decl. Ex. B pt. 6 of 7, #9 Kesselman Decl. Ex. B pt. 7 of 7, #10 Kesselman Decl. Ex. C, #11 Kesselman Decl. Ex. D, #12 Kesselman Decl. Ex. E, #13 Kesselman Decl. Exs. F - M, #14 Memorandum of Law in Support of Motion to Dismiss Second Amended Complaint) (Kesselman, Dov) |
| Filing 41 AMENDED COMPLAINT against The Turner Corporation, Tishman Construction Corporation, Turner Construction Company, filed by Magdy M. Youssef. (Kaiser, Daniel) |
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ORDER re #40 Letter filed by Magdy M. Youssef -- The Court adopts the schedule and conditions agreed to by the parties to the extent that: (i) plaintiff-relator's time to respond to #37 and #38 defendants' motions to dismiss the amended complaint is adjourned pending the anticipated filing of a second amended complaint; (ii) plaintiff-relator may file an amended pleading on or before JULY 22, 2015; (iii) defendants shall respond to such amended pleading on or before AUGUST 31, 2015. So Ordered by Judge Dora Lizette Irizarry on 6/25/2015. (Carosella, Christy)
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| Filing 40 Letter to Hon. Dora L. Irizarry from Daniel J. Kaiser, Esq. by Magdy M. Youssef (Attachments: #1 Stipulation) (Kaiser, Daniel) |
| Filing 39 MEMORANDUM in Support re #38 MOTION to Dismiss Amended Complaint filed by The Turner Corporation, Turner Construction Company. (Greene, Patrick) |
| Filing 38 MOTION to Dismiss Amended Complaint by The Turner Corporation, Turner Construction Company. (Attachments: #1 Certificate of Service) (Greene, Patrick) |
| Filing 37 Motion to Dismiss for Failure to State a Claim by Tishman Construction Corporation. (Attachments: #1 Declaration of Dov Kesselman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Part 1 of 7), #6 Exhibit D (Part 2 of 7), #7 Exhibit D (Part 3 of 7), #8 Exhibit D (Part 4 of 7), #9 Exhibit D (Part 5 of 7), #10 Exhibit D (Part 6 of 7), #11 Exhibit D (Part 7 of 7), #12 Memorandum in Support of Motion to Dismiss, #13 Certificate of Service) (Kesselman, Dov) |
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ORDER electronically endorsing #36 Stipulation of Dismissal filed by AECOM Technology Corporation. Defendant AECOM Technology Corporation is dismissed from this case. So Ordered by Judge Dora Lizette Irizarry on 6/11/2015. (Carosella, Christy)
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| Filing 36 STIPULATION of Dismissal of Defendant AECOM Technology Corporation by AECOM Technology Corporation (Kesselman, Dov) |
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ORDER STRIKING re #35 Stipulation of Dismissal -- The Court notes that it has not yet received a courtesy copy of the #35 stipulation of dismissal of defendant AECOM Technology Corp. ("AECOM"), as required under this Court's individual practices. In any event, the stipulation of dismissal is STRICKEN as it is defective. In order to dismiss AECOM from this qui tam action, the statute governing such actions requires that the government be notified of and consent to any voluntary dismissal of claims. See 31 U.S.C. 3730(b)(1). The stipulation does not reflect that such notice was provided to the United States and New York State and their consent to the dismissal obtained. Accordingly, the stipulation of dismissal is stricken. To dismiss AECOM from this action, a properly executed stipulation of dismissal must be filed within fourteen (14) days from the date of this Order, indicating that the United States and New York State were notified of the proposed dismissal and they consent to the dismissal. So Ordered by Judge Dora Lizette Irizarry on 5/28/2015. (Carosella, Christy)
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| Filing 35 STIPULATION of Dismissal of Defendant AECOM Technology Corporation by AECOM Technology Corporation (Kesselman, Dov) |
| Filing 34 Letter MOTION for Extension of Time to File Answer re #15 Amended Complaint,, Date Extended By Consent to June 12, 2015 by The Turner Corporation, Turner Construction Company. (Hess, Frank) |
| Filing 33 NOTICE of Appearance by Frank Anthony Hess on behalf of The Turner Corporation, Turner Construction Company (aty to be noticed) (Hess, Frank) |
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ORDER granting #34 Motion for Extension of Time to Answer. Defendants The Turner Corporation and Turner Construction Company answer due 6/12/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/21/2015. (Vertus, Miriam)
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| Filing 32 Letter MOTION for Extension of Time to File Answer re #15 Amended Complaint,, by AECOM Technology Corporation, Tishman Construction Corporation. (Robertson, Christopher) |
| Filing 31 Letter MOTION to Substitute Attorney by AECOM Technology Corporation, Tishman Construction Corporation. (Attachments: #1 Stipulation and [proposed] Order of Substitution of Counsel for Defendants, #2 Declaration of Boyd M. Johnson, III, Esq. in Support of Stipulation and [proposed] Order of Substitution of Counsel for Defendant) (Robertson, Christopher) |
| Filing 30 NOTICE of Appearance by Jacob Freeman Mordecai Oslick on behalf of AECOM Technology Corporation, Tishman Construction Corporation (aty to be noticed) (Oslick, Jacob Freeman) |
| Filing 29 NOTICE of Appearance by Dov Kesselman on behalf of AECOM Technology Corporation, Tishman Construction Corporation (aty to be noticed) (Kesselman, Dov) |
| Filing 28 NOTICE of Appearance by Christopher F. Robertson on behalf of AECOM Technology Corporation, Tishman Construction Corporation (aty to be noticed) (Robertson, Christopher) |
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ORDER granting #32 Motion for Extension of Time to Answer: AECOM Technology Corporation answer due 6/12/2015; Tishman Construction Corporation answer due 6/12/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 5/18/2015. (Stevens, Alexis)
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ORDER granting #31 Motion to Substitute Attorney. Added attorney Judith F. Herman for Tishman Construction Corporation. Attorney Boyd M. Johnson, III and E. Scott Schirick terminated. Assistant General Counsel Michael Kolloway must either move to be admitted into the EDNY or file a pro hac vice application in order to receive ECF notifications and argue or represent Defendants before this Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 5/18/2015. (Stevens, Alexis)
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| Filing 27 NOTICE of Appearance by Boyd M. Johnson, III on behalf of AECOM Technology Corporation, Tishman Construction Corporation (aty to be noticed) (Johnson, Boyd) |
| Filing 26 STIPULATION re #15 Amended Complaint,, Extending Time to Answer or Otherwise Respond by Turner Construction Company (Hess, Frank) Added Event Type: MOTION for Extension of Time to File Answer on 4/22/2015 (Vertus, Miriam). |
| Filing 25 NOTICE of Appearance by Frank Anthony Hess on behalf of Turner Construction Company (aty to be noticed) (Hess, Frank) |
| Filing 24 NOTICE of Appearance by Patrick JR. Greene on behalf of Turner Construction Company (aty to be noticed) (Greene, Patrick) |
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ORDER granting #26 Motion for Extension of Time to Answer. Defendants The Turner Corporation and Turner Construction Company answers are due on 5/22/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/22/2015. (Vertus, Miriam)
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ORDER granting #23 Motion for Extension of Time to Answer. Defendants AECOM Technology Corporation and Tishman Construction Corporation answers are due on 5/22/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/22/2015. (Vertus, Miriam)
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| Motions terminated, docketed incorrectly: #22 Letter MOTION for Extension of Time to File Answer re #15 Amended Complaint,, filed by AECOM Technology Corporation, Tishman Construction Corporation. (Vertus, Miriam) |
| Filing 23 Letter MOTION for Extension of Time to File Answer re #15 Amended Complaint,, (CORRECTED) by AECOM Technology Corporation, Tishman Construction Corporation. (Schirick, E.) |
| Filing 22 Letter MOTION for Extension of Time to File Answer re #15 Amended Complaint,, by AECOM Technology Corporation, Tishman Construction Corporation. (Schirick, E.) |
| Filing 21 NOTICE of Appearance by E. Scott Schirick on behalf of AECOM Technology Corporation, Tishman Construction Corporation (aty to be noticed) (Schirick, E.) |
| Filing 20 SUMMONS Returned Executed by Magdy M. Youssef. Turner Construction Company served on 4/1/2015, answer due 4/22/2015. (Kaiser, Daniel) |
| Filing 19 SUMMONS Returned Executed by Magdy M. Youssef. Tishman Construction Corporation served on 4/1/2015, answer due 4/22/2015. (Kaiser, Daniel) |
| Filing 18 SUMMONS Returned Executed by Magdy M. Youssef. The Turner Corporation served on 4/1/2015, answer due 4/22/2015. (Kaiser, Daniel) |
| Filing 17 SUMMONS Returned Executed by Magdy M. Youssef. AECOM Technology Corporation served on 4/1/2015, answer due 4/22/2015. (Kaiser, Daniel) |
| Filing 15 AMENDED COMPLAINT FOR VIOLATION OF FEDERAL CIVIL FALSE CLAIMS ACT [31.U.S.C. Sec. 3729 et seq.]; and NEW YORK FALSE CLAIMS ACT [N.Y. Finance Law Sec. 187 et seq.] against AECOM Technology Corporation, The Turner Corporation, Tishman Construction Corporation, Turner Construction Company, filed by Magdy M. Youssef. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Kaiser, Daniel) |
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Filing 14
Order to Unseal Case see document for full details. So Ordered by Judge Dora Lizette Irizarry on 3/2/2015. (Carosella, Christy)
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| Filing 16 NOTICE of Election to Decline Intervention by the State of New York. (Carosella, Christy) |
| Filing 13 Letter to Judge Irizarry from AUSA Seth D. Eichenholtz advising of the government's election to decline intervention and submitting proposed order that this action be dismissed, settled, or otherwise discontinued. (Attachments: #1 Notice of the Government's Election to Decline Intervention, #2 Proposed Order) (Carosella, Christy) |
| Case Reopened (Carosella, Christy) |
| Filing 1 COMPLAINT against AECOM Technology Corporation, Does 1-50, The Turner Corporation, Tishman Construction Corporation, Turner Construction Company Disclosure Statement on Civil Cover Sheet completed -No,, filed by M Magdy Youssef. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 350.00, receipt number 4653047266 (Davis, Kimberly) |
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