Colliers Engineering & Design, Inc. v. Leading Edge Associates, Inc. et al
| Colliers Engineering & Design, Inc. and Maser Consulting, P.A. |
| Leading Edge Associates, Inc. and PHIA Group, LLC |
| Hobbie, Corrigan & Decarlo, P.C. and Roger Knudsen |
| Linda Gerstel |
| 1:2021cv01384 |
| March 16, 2021 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Roanne L Mann |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (Guy, Alicia) |
| Filing 37 STIPULATION of Dismissal With Prejudice by Colliers Engineering & Design, Inc. (Holzapfel, Michael) |
| Filing 36 Letter MOTION for Extension of Time to File a Stipulation of Discontinuance until November 30, 2021 by Colliers Engineering & Design, Inc.. (Holzapfel, Michael) |
ORDER #36 Motion for Extension of Time to File. The parties' joint application is granted; the stipulation of discontinuance is now due by November 30, 2021. Ordered by Magistrate Judge Roanne L. Mann on 11/2/2021. (LK)
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| Case returned from mediation. (Guy, Alicia) |
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ORDER The Court is pleased to learn that the case is settling and thanks the mediator for her assistance in resolving this case. The parties' stipulation of discontinuance is due by November 1, 2021. Ordered by Magistrate Judge Roanne L. Mann on 10/1/2021. (LK)
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| REPORT of Mediation Settled 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. Mediation Report due by 10/15/2021. (Priftakis, Tina) |
| REPORT of Mediation Rescheduled: The first mediation session is rescheduled to take place on September 30, 2021. Report of Mediation due by 10/14/2021. (Priftakis, Tina) |
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MEDIATION STATUS REPORT ORDER. Status Report due by 10/6/2021. Ordered by Magistrate Judge Roanne L. Mann on 8/18/2021. (LK)
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ORDER [DE# 35]: The Court grants LEA's application, which should have been addressed to this magistrate judge (as the judicial officer who set the schedule last month) and should have been docketed as an ECF motion event (as the Court reminded the parties at the initial conference). The parties' joint post-mediation status report is now due by October 6, 2021. Ordered by Magistrate Judge Roanne L. Mann on 8/18/2021. (LK)
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| Filing 35 Letter Extending Time to Mediate by Leading Edge Associates, Inc. (Feld, Brian) |
| SELECTION OF MEDIATOR: Linda Gerstel selected as Mediator. The first mediation session will take place remotely on September 20, 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 October 14, 2021. (Priftakis, Tina) Modified on 9/27/2021 (Priftakis, Tina). |
| Filing 34 Minute Entry and Order for proceedings held before Magistrate Judge Roanne L. Mann on 7/27/2021. The Court conducts a telephonic initial conference. The case is referred to expedited court-annexed mediation to be completed by September 17, 2021 (Selection of Mediator due by 8/3/2021), and the #31 motion to stay is granted, for up to 52 days, on consent of all parties and in order to allow the parties to focus on resolving the case; however, the parties should engage in informal discovery to facilitate settlement discussions. The #30 motion to transfer venue is deemed withdrawn, without prejudice. If mediation is unsuccessful, the parties will propose a new schedule for the motion to transfer venue. Fact discovery must be completed by March 16, 2022. Pleadings may be amended and new parties added as of right by November 22, 2021. The Court defers setting a schedule for expert discovery and requesting a premotion conference. The parties must file a joint mediation status report by September 21, 2021. See attached. (Proujansky, Josh) |
| 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) |
| Filing 33 CASE MANAGEMENT STATEMENT (Holzapfel, Michael) |
| Filing 32 MEMORANDUM in Support re #31 First MOTION to Stay to provided parties an opportunity to mediate filed by Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen. (Klein, Justin) |
| Filing 31 First MOTION to Stay to provided parties an opportunity to mediate by Leading Edge Associates, Inc.. (Murphy, Kenneth) |
| Filing 30 MOTION to Change Venue to the District of New Jersey by Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen. (Attachments: #1 Certification in Support of Motion to Transfer Venue, #2 Proposed Order) (Klein, Justin) |
| Filing 29 Plaintiff's ANSWER to #6 Answer to Complaint, Counterclaim by Colliers Engineering & Design, Inc.. (Holzapfel, Michael) |
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ORDER re #22 Motion for Pre Motion Conference; re #22 Motion for Pre Motion Conference -- The Court has reviewed the parties' pre-motion letters concerning third-party defendants Rodger Knudsen and Hobbie, Corrigan & Decarlo's anticipated motion to dismiss for failure to state a claim, lack of personal jurisdiction, and improper venue, and has determined that a pre-motion conference is not necessary. The parties are directed to file by July 23, 2021, a motion to transfer this case to the United States District Court for the District of New Jersey not to exceed three pages in length. The parties may file the motion jointly or individually. Ordered by Judge Eric R. Komitee on 7/9/2021. (Guy, Alicia)
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Filing 28
SCHEDULING ORDER: A telephonic initial conference will be held on July 27, 2021 @ 10:15 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on July 23, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833.If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 7/8/2021. (LK)
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| Filing 27 ANSWER to #1 Complaint, by Leading Edge Associates, Inc.. (Murphy, Kenneth) |
| Filing 26 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Leading Edge Associates, Inc.. (Murphy, Kenneth) |
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ORDER granting #26 Motion for Extension of Time to Answer. Application granted, without objection. Leading Edge Associates, Inc. answer due 7/7/2021. Ordered by Magistrate Judge Roanne L. Mann on 6/17/2021. (Proujansky, Josh)
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| Filing 25 NOTICE of Appearance by Kenneth Charles Murphy on behalf of Leading Edge Associates, Inc. (aty to be noticed) (Murphy, Kenneth) |
| Filing 24 Letter to Hon. Eric Komitee in Response to Docket Entry #22 by PHIA Group, LLC (Woody, Ryan) |
| Filing 23 Letter from Michael E. Holzapfel, Esq. dated June 1, 2021 to the Honorable Eric Komitee in Response to Docket Entry #22 by Colliers Engineering & Design, Inc. (Holzapfel, Michael) |
| NOTICE -- Third Party Defendants submitted a letter requesting a pre-motion conference on an anticipated motion to dismiss Defendant PHIA Group, LLC's Third Party Complaint on May 27, 2021. Counsel are reminded that pursuant to Rule III.B.4 of # Judge Komitee's Individual Motion Practices and Rules, all served parties are required to serve and file a letter response of three pages or less, within five days from service of Third Party Defendants' letter. (Guy, Alicia) |
| Incorrect Case/Document/Entry Information re #22 MOTION to Dismiss for Failure to State a Claim (Letter Requesting Pre-Motion Conference Pursuant to Judge Komitee's Practices and Rules, III.B.2) MOTION to Dismiss for Lack of Jurisdiction (Letter Requesting Pre-Motion Conference Pursuant to Judge Komitee's Practices and Rules, III.B.2) filed by Roger Knudsen, Hobbie, Corrigan & Decarlo, P.C. electronically filed by Jacqueline DeCarlo, Esq. --- Docket entry is not a motion to Dismiss and should not have been filed as such. The appropriate motion event type is motion for pre motion conference. The Clerk has corrected the filing. No further action is necessary, do not refile the document. When submitting electronic filings with the court Counsel must use the appropriate event at all times. If you are unsure of the appropriate event you can contact the Clerk's Office for assistance. (Guy, Alicia) |
| Filing 22 MOTION to Dismiss for Failure to State a Claim (Letter Requesting Pre-Motion Conference Pursuant to Judge Komitee's Practices and Rules, III.B.2), MOTION to Dismiss for Lack of Jurisdiction (Letter Requesting Pre-Motion Conference Pursuant to Judge Komitee's Practices and Rules, III.B.2) by Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen. (DeCarlo, Jacqueline) Modified on 5/28/2021 to update the motion event type from motion to dismiss to motion for pre motion conference. (Guy, Alicia). |
| Filing 21 NOTICE of Appearance by Justin Lee Klein on behalf of Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen (notification declined or already on case) (Klein, Justin) |
| Filing 20 NOTICE of Appearance by Jacqueline DeCarlo on behalf of Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen (notification declined or already on case) (DeCarlo, Jacqueline) |
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ORDER granting #19 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 5/24/2021. (LK)
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ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 5/24/2021. (LK)
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| Filing 19 MOTION to Appear Pro Hac Vice (Jacqueline DeCarlo, Esq. for Third-Party Defendants Roger Knudsen and Hobbie, Corrigan & DeCarlo, P.C.) Filing fee $ 150, receipt number ANYEDC-14496500. by Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen. (Attachments: #1 Affidavit, #2 Proposed Order) (DeCarlo, Jacqueline) |
| Filing 18 MOTION to Appear Pro Hac Vice (Justin Lee Klein, Esq. on behalf of Third-Party Defendants Rodger Knudsen and Hobbie, Corrigan & DeCarlo, P.C.) Filing fee $ 150, receipt number ANYEDC-14496467. by Hobbie, Corrigan & Decarlo, P.C., Roger Knudsen. (Attachments: #1 Affidavit, #2 Proposed Order) (Klein, Justin) |
| Filing 17 SUMMONS Returned Executed by PHIA Group, LLC. Roger Knudsen served on 5/6/2021, answer due 5/27/2021. (Luz, Thomas) |
| Filing 16 SUMMONS Returned Executed by PHIA Group, LLC. Hobbie, Corrigan & Decarlo, P.C. served on 5/6/2021, answer due 5/27/2021. (Luz, Thomas) |
| Filing 15 NOTICE of Appearance by Michael Holzapfel on behalf of Colliers Engineering & Design, Inc. (aty to be noticed) (Holzapfel, Michael) |
| Filing 14 NOTICE of Appearance by Ryan L. Woody on behalf of PHIA Group, LLC (aty to be noticed) (Woody, Ryan) |
| Filing 13 MOTION to Appear Pro Hac Vice for Michael E. Holzapfel, Esq. Filing fee $ 150, receipt number ANYEDC-14444362. by Colliers Engineering & Design, Inc.. (Attachments: #1 Affidavit of Michael E. Holzapfel, Esq., #2 Proposed Order) (Harraka, Joseph) |
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ORDER granting [DE# 13-2] Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 5/6/2021. (LK)
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| Filing 12 Summons Issued as to Hobbie, Corrigan & Decarlo, P.C.. (Galeano, Sonia) |
| Filing 11 Summons Issued as to Roger Knudsen. (Galeano, Sonia) |
| Filing 10 MOTION to Appear Pro Hac Vice for Ryan L Woody Filing fee $ 150, receipt number ANYEDC-14377910. by PHIA Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit Good Standing Certificate, #3 Proposed Order) (Luz, Thomas) |
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 4/15/2021. (LK)
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| Filing 9 Proposed Summons. Re #7 Third Party Complaint by PHIA Group, LLC (Luz, Thomas) |
| Filing 8 Proposed Summons. Re #7 Third Party Complaint by PHIA Group, LLC (Luz, Thomas) |
| Filing 7 THIRD PARTY COMPLAINT against Roger Knudsen, Hobbie, Corrigan & Decarlo, P.C., filed by PHIA Group, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Luz, Thomas) |
| Filing 6 ANSWER to #1 Complaint, , COUNTERCLAIM against Colliers Engineering & Design, Inc. by PHIA Group, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Luz, Thomas) |
| Filing 5 NOTICE of Appearance by Thomas J. Luz on behalf of PHIA Group, LLC (aty to be noticed) (Luz, Thomas) |
| Filing 4 Summons Issued as to Leading Edge Associates, Inc., PHIA Group, LLC. (Attachments: #1 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Filing 1 COMPLAINT against Leading Edge Associates, Inc., PHIA Group, LLC filing fee $ 402, receipt number ANYEDC-14281666 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Colliers Engineering & Design, Inc., f/k/a Maser Consulting, P.A.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Leading Edge Associates, Inc., #3 Proposed Summons to PHIA Group, LLC) (Harraka, Joseph) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Roanne L. Mann. 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) |
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