New Dawn Transit LLC v. Division 1181 Amalgamated Transit Union-New York Employees Pension Fund et al
| New Dawn Transit LLC |
| Division 1181 Amalgamated Transit Union-New York Employees Pension Fund and Board of Trustees |
| City Wide Transit, Inc., Rainbow Transit, Inc., All American School Bus Corp. and Cifra Escorts, Inc. |
| Garrett E. Brown, Jr. and Barbara Zimmer |
| 1:2018cv04152 |
| July 20, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nina Gershon |
| Cheryl L Pollak |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 91 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
ORDER granting #91 Motion for Extension of Time to File Stipulation of Discontinuance. The parties are directed to file a stipulation of discontinuance by 3/3/2022. Ordered by Judge Nina Gershon on 1/28/2022. (Mettham, Suzanna)
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| ELECTRONIC ORDER re #90 : Granting Motion for Extension. The parties' are directed to file a stipulation of discontinuance by 2/1/2022. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/2/2021. (Henney, Scott) |
| Filing 90 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 89 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| ELECTRONIC ORDER re #89 : Granting Motion for Extension of Time to File. The parties have until 12/3/2021 to file a stipulation of discontinuance. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 11/1/2021. (Henney, Scott) |
| ELECTRONIC ORDER re #88 : Granting Motion for Extension of Time to File. The parties now have until 11/3/2021 to file a stipulation of discontinuance. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/1/2021. (Henney, Scott) |
| Filing 88 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 87 NOTICE of Settlement (Joint Notice) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC ORDER: In light of #87 Notice of Settlement, the parties are to file a stipulation of discontinuance by 10/4/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/20/2021. (Caggiano, Diana) |
| ELECTRONIC STATUS REPORT ORDER re. #86 : Status Report due by 8/20/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/9/2021. (Moon, Chloe) |
| Filing 86 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #85 : Status Report due by 8/6/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/26/2021. (Moon, Chloe) |
| Filing 85 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #84 : Status Report due by 7/23/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/13/2021. (Moon, Chloe) |
| Filing 84 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #83 : Status Report due by 7/9/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/28/2021. (Moon, Chloe) |
| Filing 83 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #82 : Status Report due by 6/25/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/15/2021. (Moon, Chloe) |
| Filing 82 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #81 : Status Report due by 6/11/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/28/2021. (Moon, Chloe) |
| Filing 81 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #80 : Status Report due by 5/28/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/17/2021. (Moon, Chloe) |
| Filing 80 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC ORDER re #79 So Ordered by Chief Magistrate Cheryl L. Pollak on 5/4/2021. (Caggiano, Diana) |
| Filing 79 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #78 : Status Report due by 4/30/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/19/2021. (Moon, Chloe) |
| Filing 78 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #77 : Status Report due by 4/16/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2021. (Moon, Chloe) |
| Filing 77 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #76 : Status Report due by 4/2/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/24/2021. (Moon, Chloe) |
| Filing 76 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #75 : Status Report due by 3/19/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/8/2021. (Moon, Chloe) |
| Filing 75 STATUS REPORT (Joint Status Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #74 : Status Report due by 3/5/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 2/24/2021. (Moon, Chloe) |
| Filing 74 STATUS REPORT (Joint Letter) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC STATUS REPORT ORDER re. #73 : Status Report due by 2/19/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/21/2020. (Moon, Chloe) |
| Filing 73 STATUS REPORT (Joint) by Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| SELECTION OF MEDIATOR Garrett E. Brown, Jr. selected as Mediator. The first mediation session will take place on February 1, 2021. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 2/15/2021. (Weinstein, Robyn) |
| ELECTRONIC STATUS REPORT ORDER re. #72 : Status Report due by 12/21/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/2/2020. (Moon, Chloe) |
| Filing 72 STATUS REPORT (Joint) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| ELECTRONIC ORDER re. #71 : The parties' request to adjourn the deadline to finalize the selection of a mediator is granted. Status Report due by 11/30/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/19/2020. (Moon, Chloe) |
| Filing 71 Letter (Joint) to Hon. Cheryl L. Pollak, U.S.M.J. re: request to further extend deadline to select a mediator by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc. (Barbatsuly, George) |
| ELECTRONIC ORDER re. #70 : The parties' requests regarding the selection of mediator and briefing schedule are granted. The deadline to select mediator is extended to 11/16/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/3/2020. (Moon, Chloe) |
| Filing 70 Letter (Joint) to Hon. Cheryl L. Pollak, U.S.M.J. re: Mediation Selection and Briefing Schedule by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc. (Barbatsuly, George) |
| ELECTRONIC ORDER granting #69 Motion to Substitute Attorney. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/22/2020. (Moon, Chloe) |
| Filing 69 Letter MOTION to Substitute Attorney by New Dawn Transit LLC. (Attachments: #1 Proposed Consent Order) (Spatola, Richard) |
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ORDER REFERRING CASE to Mediation. Selection of Mediator due by 11/2/2020.So Ordered by Chief Magistrate Cheryl L. Pollak on 10/19/2020. (Caggiano, Diana)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| ELECTRONIC ORDER re. #68 : The Court approves the proposed schedule for briefing any discovery disputes; the Court will issue an Order sending the case to Mediation; subject to the mediator's requirements, it is the Court's understanding that all mediations are occurring remotely at this time. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/16/2020. (Moon, Chloe) |
| Filing 68 Letter (Joint letter regarding request for mediation, status of discovery disputes, and proposed briefing schedule) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| MINUTE ENTRY for Status Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 9/16/2020. Appearance for plaintiff: Brugh Lower (New Dawn). Appearance for defendant: Richard Siegel (the Fund); George P. Barbatsuly (All American Companies). Parties to meet and confer on all outstanding discovery issues, including the privilege log from the non-party. Letters to the court on issues that cannot be resolved due 10/16/2020. (Caggiano, Diana) |
| ELECTRONIC SCHEDULING ORDER: The status conference previously scheduled for 8/28/2020 before Chief Magistrate Judge Cheryl Pollak has been rescheduled to 9/16/2020 @ 10:45 AM The status conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 18-4152. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/19/2020. (Caggiano, Diana) |
| ELECTRONIC ORDER re. #67 : The time to provide the electronically stored information is extended to 09/30/2020. The remaining discovery schedule will be addressed at the conference set for 8/28/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/17/2020. (Moon, Chloe) |
| Filing 67 Letter by Barbara Zimmer (Stoma, Meredith) |
| ELECTRONIC SCHEDULING ORDER: Status Conference set for 8/28/2020 at 3:45 PM before Chief Magistrate Cheryl L. Pollak. The Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:45 PM. Enter Access code: 380-1746 and security code: 18-4152. So Ordered by Chief Magistrate Cheryl L. Pollak on 7/8/2020. (Hazelwood, John) |
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Filing 66
ORDER re #54 - #55 - #56 - #57 - #58 - #59 - #60 - #61 - #62 - #63 - #64 : For the reasons set forth in the attached Order, the Fund's motion to compel responses to the subpoena served on Ms. Zimmer is granted; the All American companies' motion to compel discovery from the Fund is granted in part and denied in part; the Fund's motion to compel discovery from the All American Companies and New Dawn is granted in part and denied in part. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/25/2020. (Hazelwood, John)
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| Filing 65 STATUS REPORT (Joint) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| Filing 64 REPLY in Support re #55 Letter MOTION to Compel New Dawn and the All American Companies to Produce Discovery in Response to the Fund's Second Requests filed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 63 REPLY to Response to Motion re #56 Letter MOTION to Compel third-party plaintiffs, Division 1181 Amalgamated Transit Union New York Employees Pension Fund and its Board of Trustees to Respond to Interrogatories, Produce Witness and Supply Privilege Log filed by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc.. (Barbatsuly, George) |
| Filing 62 REPLY in Support re #54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena filed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Exhibit A) (Siegel, Richard) |
| Filing 61 RESPONSE in Opposition re #56 Letter MOTION to Compel third-party plaintiffs, Division 1181 Amalgamated Transit Union New York Employees Pension Fund and its Board of Trustees to Respond to Interrogatories, Produce Witness and Supply Privilege Log filed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Siegel, Richard) |
| Filing 60 RESPONSE in Opposition re #55 Letter MOTION to Compel New Dawn and the All American Companies to Produce Discovery in Response to the Fund's Second Requests filed by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc.. (Attachments: #1 Exhibit A to 3rd Party Defendants' Letter Opposition to 3rd Party Plaintiffs' Motion to Compel, #2 Exhibit B to 3rd Party Defendants' Letter Opposition to 3rd Party Plaintiffs' Motion to Compel) (Barbatsuly, George) |
| Filing 59 RESPONSE in Opposition re #54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena filed by New Dawn Transit LLC. (Lower, Jonathon) |
| Filing 58 RESPONSE in Opposition re #54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena , RESPONSE to Motion re #54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena filed by Barbara Zimmer. (Attachments: #1 Exhibit) (Stoma, Meredith) |
| Filing 57 RESPONSE in Opposition re #54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena filed by Barbara Zimmer. (Stoma, Meredith) |
| Filing 56 Letter MOTION to Compel third-party plaintiffs, Division 1181 Amalgamated Transit Union New York Employees Pension Fund and its Board of Trustees to Respond to Interrogatories, Produce Witness and Supply Privilege Log by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Barbatsuly, George) |
| Filing 55 Letter MOTION to Compel New Dawn and the All American Companies to Produce Discovery in Response to the Fund's Second Requests by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (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) (Siegel, Richard) |
| Filing 54 Letter MOTION to Compel Barbara Zimmer to Comply with Third-Party Subpoena by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (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) (Siegel, Richard) |
| Filing 53 NOTICE of Appearance by Laura Scully on behalf of All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc. (aty to be noticed) (Scully, Laura) |
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Filing 52
ENDORSED ORDER re #51 : Status Report due on or before 3/9/2020. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/9/2019. (Hazelwood, John) Modified on 12/9/2019 (Caggiano, Diana).
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| Filing 51 STATUS REPORT (Joint) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| Filing 50 ANSWER to #18 Answer to Complaint,,, Counterclaim,, Answer to #46 First Amended Counterclaim by New Dawn Transit LLC. (Dugan, Mariellen) |
| Filing 49 ANSWER to #29 Answer to Counterclaim,,, Ansser to #46 First Amnded Counterclaim by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc.. (Barbatsuly, George) |
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Filing 48
ENDORSED LETTER ORDER granting #47 Motion for Extension of Time to Answer - answer due 11/22/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/13/2019. (Caggiano, Diana)
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| Filing 47 Consent MOTION for Extension of Time to File Answer re #46 Amended Counterclaim, by New Dawn Transit LLC. (Lower, Jonathon) |
| Filing 46 AMENDED COUNTERCLAIM against All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., New Dawn Transit LLC, Rainbow Transit, Inc., filed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Barrett, C) |
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Filing 45
ENDORSED LETTER ORDER granting #44 In light of the parties' consent, the Clerk of Court is directed to file the First Amended Complaint. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/30/2019. (Caggiano, Diana)
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| Filing 44 Letter MOTION for Leave to File Document (Unopposed Letter Motion for Leave to File First Amended Counterclaim) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Siegel, Richard) |
| MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 9/27/2019. Appearance for Plaintiff: Jonathon Brugh Lower, Mariellen Dugan. Appearance for Defendant: Jeffrey S. Swyers, Richard S. Siegel. Appearance for Counter Claimant: George P. Barbatsuly. Parties to submit status report by 12/6/2019. (Hazelwood, John) |
| Filing 43 NOTICE of Appearance by Mariellen Dugan on behalf of New Dawn Transit LLC (notification declined or already on case) (Dugan, Mariellen) |
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ELECTRONIC ORDER granting #42 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/25/2019. (Hazelwood, John)
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ELECTRONIC ORDER: Due to an unforeseen conflict with the Court's calendar, the previously scheduled Telephone Conference is adjourned to 9/27/2019 at 11:00 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/25/2019. (Hazelwood, John)
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| Filing 42 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11878169. by New Dawn Transit LLC. (Attachments: #1 Declaration of Mariellen Dugan, #2 Certificate of Good Standing Supreme Court of New Jersey, #3 Certificate of Good Standing Supreme Court of New York, #4 Proposed Order) (Dugan, Mariellen) |
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Filing 41
ORDER granting #40 Motion to Substitute Attorney. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/20/2019. (Hazelwood, John)
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| Filing 40 Letter MOTION to Substitute Attorney by New Dawn Transit LLC. (Attachments: #1 Proposed Consent Order) (Lower, Jonathon) |
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ELECTRONIC ORDER granting #39 Motion to Adjourn Conference. Telephone Conference set for 9/25/2019 at 3:00 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/5/2019. (Hazelwood, John)
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| Filing 39 Letter MOTION to Adjourn Conference (Consent Letter Motion) by New Dawn Transit LLC. (Clark, Joseph) |
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Filing 38
ENDORSED LETTER ORDER granting #37 Request granted. Telephone Conference is adjourned to 9/6/2019 @ 10:00 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/1/2019. (Caggiano, Diana)
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| Filing 37 Letter MOTION to Adjourn Conference (Consent Letter Motion) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
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Filing 36
ENDORSED PROTECTIVE ORDER re #35 . So Ordered by Magistrate Judge Cheryl L. Pollak on 4/8/2019. (Zisa, Marie)
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| Filing 35 STIPULATION Proposed Stipulated Protective Order by New Dawn Transit LLC (Rumeld, Myron) |
| MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 3/28/2019. Appearance for Plaintiff: Joseph E Clark / Myron Daniel RumeldAppearance for Defendant: Richard S. Siegel / Jeffrey S. Swyers / George P. Barbatsuly. Parties to revise protective order. Telephone Conference set for 5/30/2019 @ 11:30 AM. (Caggiano, Diana) |
| Filing 34 STIPULATION Proposed Stipulated Protective Order by New Dawn Transit LLC (Rumeld, Myron) |
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ELECTRONIC SCHEDULING ORDER: re #34 . A Telephone Conference is set for 3/28/2019 at 2:00 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/19/2019. (Zisa, Marie)
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ELECTRONIC ORDER granting #33 . The request to extend the deadline for the parties to produce documents is granted. The Telephone Conference is adjourned to 4/24/2019 at 10:00 AM before Magistrate Judge Cheryl L. Pollak.So Ordered by Magistrate Judge Cheryl L. Pollak on 3/1/2019. (Zisa, Marie)
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| Filing 33 Letter MOTION to Adjourn Conference and for an Extension of Time to Complete Document Production. by New Dawn Transit LLC. (Clark, Joseph) |
| Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 13, 2018, before Judge Nina Gershon. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019. (Roy, David) |
| MINUTE ENTRY for Telephone Initial Conference proceeding held before MJ Pollak on 1/28/2019. Appearance for Plaintiff: Joseph E Clark \ Myron Daniel Rumeld. Appearance for Defendant: Jeffrey S. Swyers \ Richard S. Siegel \ George P. Barbatsuly. Parties to respond to written discovery by 3/8/2019. Status Conference set for 3/28/2019 @ 2:00 PM. (FTR Log #3:11 - 3:22) (Caggiano, Diana) |
| Filing 31 ANSWER to #29 Answer to Counterclaim,,, by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
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ELECTRONIC ORDER re #30 : Discovery requests focused on issues relating to alter ego and the relationship between New Dawn, All American School Bus Corp., and respective unions should be served by 1/7/2019. Responses due 1/25/2019. The parties should be prepared to discuss the scheduling of depositions, if any, and any additional discovery requests at the 1/28/2019 conference. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/20/2018. (Zisa, Marie)
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| Filing 30 Letter to Hon. Cheryl L. Pollak regarding transcript of December 13, 2018 pre-motion conference by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Attachments: #1 Transcript) (Siegel, Richard) |
| Filing 29 Third-Party Defendants' ANSWER to #18 Answer to Complaint,,, Counterclaim,, Separate Defenses and, Third Party COUNTERCLAIM for Declaratory Judgment against Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund by Cifra Escorts, Inc., All American School Bus Corp., Rainbow Transit, Inc., City Wide Transit, Inc.. (Barbatsuly, George) |
| Filing 28 Corporate Disclosure Statement by All American School Bus Corp., Cifra Escorts, Inc., City Wide Transit, Inc., Rainbow Transit, Inc. (Barbatsuly, George) |
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ELECTRONIC ORDER granting #27 . The Initial Conference is adjourned to 1/28/2019 at 3:00 PM before Magistrate Judge Cheryl L. Pollak. The Conference will be held telephonically. The parties are to initiate the call and contact Chambers at 718-613-2360 with all parties on the line. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/28/2018. (Zisa, Marie)
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| Filing 27 Letter MOTION to Adjourn Conference (Consent letter Motion to Adjourn Initial Conference) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 26 Answer to Counterclaim for Declaratory Judgment ANSWER to #18 Answer to Complaint,,, Counterclaim,, by New Dawn Transit LLC. (Rumeld, Myron) |
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ORDER granting #17 Motion for Pre Motion Conference. Pre Motion Hearing set for 11/14/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon.Ordered by Judge Nina Gershon on 10/26/2018. (Joe, Victor)
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| Set/Reset Hearings: Pre Motion Conference scheduled for 11/14/2018 is adjourned to 12/13/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. (Joe, Victor) |
| Filing 25 Consent MOTION to Adjourn Conference (Consent Letter Motion) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. Cifra Escorts, Inc. waiver sent on 10/12/2018, answer due 12/11/2018. (Siegel, Richard) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. Rainbow Transit, Inc. waiver sent on 10/12/2018, answer due 12/11/2018. (Siegel, Richard) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. City Wide Transit, Inc. waiver sent on 10/12/2018, answer due 12/11/2018. (Siegel, Richard) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. All American School Bus Corp. waiver sent on 10/12/2018, answer due 12/11/2018. (Siegel, Richard) |
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ELECTRONIC ORDER granting #25 Motion to Adjourn Conference. Initial Conference is adjourned to 12/17/2018 @ 10:30 AM by telephone. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/15/2018. (Caggiano, Diana)
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| Filing 20 Summons Issued as to Cifra Escorts, Inc., City Wide Transit, Inc., New Dawn Transit LLC, Rainbow Transit, Inc. (Barrett, C) |
| Filing 19 Letter opposing request for pre-motion conference by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund (Siegel, Richard) |
| Filing 18 ANSWER to #1 Complaint, , COUNTERCLAIM against New Dawn Transit LLC, All American School Bus Corp., City Wide Transit, Inc., Rainbow Transit, Inc., Cifra Escorts, Inc. by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Proposed Summons to All American School Bus Corp., #2 Proposed Summons to City Wide Transit, Inc., #3 Proposed Summons to Rainbow Transit, Inc., #4 Proposed Summons to CIFRA Escorts, Inc.) (Siegel, Richard) |
| Filing 17 Letter MOTION for pre motion conference by New Dawn Transit LLC. (Rumeld, Myron) |
| Filing 16 NOTICE of Appearance by Jeffrey S. Swyers on behalf of All Defendants (notification declined or already on case) (Swyers, Jeffrey) |
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Filing 15
SCHEDULING ORDER: An Initial Conference is set for 11/5/2018 @ 10:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/19/2018. (Caggiano, Diana)
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Filing 14
ENDORSED LETTER ORDER granting #12 So Ordered by Magistrate Judge Cheryl L. Pollak on 9/19/2018. (Caggiano, Diana)
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ELECTRONIC ORDER granting #13 . The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/19/2018. (Zisa, Marie)
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| Filing 13 MOTION to Appear Pro Hac Vice for Jeffrey S. Swyers Filing fee $ 150, receipt number 0207-10735982. by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing - District of Columbia, #3 Certificate of Good Standing - Oklahoma, #4 Proposed Order) (Swyers, Jeffrey) |
| Filing 12 Consent MOTION for Extension of Time to File Answer re #1 Complaint, (Letter Motion) by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Siegel, Richard) |
| Filing 11 Letter to The Honorable Nina Gershon re the Court's August 1, 2018 Notice by New Dawn Transit LLC (Rumeld, Myron) |
| Filing 10 NOTICE of Appearance by Richard S. Siegel on behalf of All Defendants (notification declined or already on case) (Siegel, Richard) |
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Filing 9
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/1/2018. (Rutbeck-Goldman, Ariela)
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| NOTICE to Counsel: The parties are advised that Steven M. Bauer, Esq., partner at Proskauer Rose, LLP in Boston, is my nephew. I therefore, must recuse myself from this case unless both parties agree that I can hear this matter. Parties are directed to advise the court within 10 days, whether or not I should reassign this case to another District Judge. (Joe, Victor) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for Richard Siegel Filing fee $ 150, receipt number 0207-10623447. by Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Certificate of Good Standing, #5 Proposed Order) (Siegel, Richard) |
| Filing 7 NOTICE of Appearance by Joseph E Clark on behalf of New Dawn Transit LLC (aty to be noticed) (Clark, Joseph) |
| Filing 6 WAIVER OF SERVICE Returned Executed by New Dawn Transit LLC. Board of Trustees waiver sent on 7/23/2018, answer due 9/21/2018; Division 1181 Amalgamated Transit Union-New York Employees Pension Fund waiver sent on 7/23/2018, answer due 9/21/2018. (Rumeld, Myron) |
| Filing 5 Summons Issued as to Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund. (Davis, Kimberly) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Nina Gershon and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by New Dawn Transit LLC (Attachments: #1 Civil Cover Sheet) (Rumeld, Myron) |
| Filing 1 COMPLAINT FOR DECLARATORY RELIEF against Board of Trustees, Division 1181 Amalgamated Transit Union-New York Employees Pension Fund filing fee $ 400, receipt number 0207-10599842 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by New Dawn Transit LLC. (Rumeld, Myron) |
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