United States of America v. Second A-One, Inc. et al
| United States of America |
| Second A-One, Inc., Isack David Weisz, La Jarabacoa Deli and Grocery Corp., Primo Flat Fix Inc., 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Primo Flat Fix Inc. d/b/a Los Primos Auto Repair and Sale, Terra Nova Restoration Corp., Rudy L. Reyes, Andyber Auto Repair Inc., K&M Auto Inc. and Andy Bermeo |
| 1:2023cv00476 |
| January 23, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Environmental Matters |
| 33 U.S.C. § 1365 Environmental Matters |
| None |
Docket Report
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SCHEDULING ORDER: An in-person status conference will be held on 4/25/2023 at 3:30 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/15/2023. (IS)
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| Filing 22 AFFIDAVIT of Service for Court Order ,Dkt. No. 19, served on on nine defendants on February 27, 2023, filed by United States of America. (Dharia, Ekta) |
| Filing 21 STATUS REPORT to the Honorable Sanket J. Bulsara, Submitted Pursuant to the Court's February 16 and February 28, 2023 Orders by United States of America (Dharia, Ekta) |
| Filing 20 Letter Motion to Request Mediation by 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Terra Nova Restoration Corp.. (Attachments: #1 Proposed Order) (Chertok, Mark) |
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ELECTRONIC ORDER: Granting the defendant's letter application #20 and referring this case to MJ Bulsara to conduct a settlement/ mediation conference. Ordered by Judge Frederic Block on 2/28/2023. (MI)
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Filing 19
ORDER: IT IS HEREBY ORDERED that by April 3, 2023, Defendants shall, pursuant to CERCLA Sections 104(e) and 106(a), 42 U.S.C. 9604(e) and 9606(a), vacate their respective premises at the Wolff-Alport Site and grant to EPA and its officers, employees, agents, contractors, and any other designated representatives entry and access to the Subject Properties identified by the City of New York as Block 3725, Lot 46, commonly referred to and located at 1125 Irving Avenue, Queens, New York; Block 3725, Lot 44 and Lot 42, commonly referred to and located at 1127 and 1129 Irving Avenue, Queens, New York; and Block 3725, Lot 48, commonly referred to and located at 15-14 Cooper Avenue, Queens, New York, at the Wolff-Alport Site, for the purpose of conducting response activities pursuant to CERCLA Section 104, 42 U.S.C. 9604, for the duration of EPAs response activities. IT IS FURTHER ORDERED that Defendants shall, pursuant to CERCLA Section 104(e), 42 U.S.C. 9604(e), refrain from interfering with access to the Subject Properties by EPA and its officers, employees, agents, contractors, and any other designated representatives for the purpose of conducting response activities pursuant to CERCLA Section 104, 42 U.S.C. 9604, for the duration of EPAs response activities. Ordered by Judge Frederic Block on 2/23/2023. (MI)
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| Filing 18 Letter Enclosing Proposed Order, Submitted Pursuant to the Court's February 16, 2023 Order by United States of America (Attachments: #1 Proposed Order) (Dharia, Ekta) |
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ELECTRONIC ORDER: Granting the plaintiff's order to show cause #2 for injunctive relief for the reasons stated on the record at the oral argument held on 2/16/23. See minute entry dated 2/16/23. Ordered by Judge Frederic Block on 2/16/2023. (MI)
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| Minute Entry for proceedings held before Judge Frederic Block: Ekta Dharia, Esq. & Paulina Stamatelos, Esq. for the plaintiff and Mark Chertok, Esq. for the 1127-1129 Irving Ave. defendants, all present. Oral Argument held on 2/16/2023. Plaintiffs motion #2 to enforce the EPAs administrative orders was discussed. The Court grants the plaintiffs application for the reasons stated on the record and directs the plaintiff to submit a proposed order for the Court to sign and issue. In 2 weeks counsel will submit a status report letter. (Court Reporter: Shernelle Griffin 718 613 2567.) (MI) |
| Filing 17 NOTICE of Appearance by Paulina Stamatelos on behalf of All Plaintiffs (aty to be noticed) (Stamatelos, Paulina) |
| Filing 16 ANSWER to #1 Complaint, by 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Terra Nova Restoration Corp.. (Chertok, Mark) |
| Filing 15 MEMORANDUM in Opposition re #3 Memorandum in Support, #4 Affidavit in Support of Motion, #2 Proposed MOTION for Order to Show Cause As to Why the Court Should Not Enforce EPA's Administrative Orders and Issue a Judicial Order Allowing EPA to Implement its Remedy at the Wolff-Alport Site, #8 Affidavit in Support of Motion,,,,, filed by 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Terra Nova Restoration Corp.. (Attachments: #1 Affidavit HERMENEGILDO SILVIO HERNANDEZ, #2 Exhibit A-Letter from Deborah Schwenk, Assistant Regional Counsel, to Mark A. Chertok and Lawrence P. Schnapf, dated April 21, 2022, #3 Exhibit B-Hernandez letter dated 1-31-2022, #4 C-Mongelli letter to Hernandez dated April 4, 2022) (Chertok, Mark) |
| Filing 14 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Terra Nova Restoration Corp.. (Chertok, Mark) |
| Filing 13 NOTICE of Appearance by Mark A. Chertok on behalf of 1127-1129 Irving Avenue LLC, Hermenegildo Silvio Hernandez, Terra Nova Restoration Corp. (aty to be noticed) (Chertok, Mark) |
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ELECTRONIC ORDER: Defendant 1127-1129 Irving Avenue, LLC., Hermenegildo Silvio Hernandez and Terra Nova Restoration Corp. letter application #14 with the consent of the plaintiff is GRANTED. By February 8, 2023 defendants 1127-1129 Irving Avenue LLC., Hermenegildo Silvio Hernandez and Terra Nova Restoration Corp. shall serve and file an answer to the complaint. Ordered by Judge Frederic Block on 2/3/2023. (MI)
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| Filing 12 SUMMONS Returned Executed by United States of America. 1127-1129 Irving Avenue LLC served on 1/26/2023, answer due 2/16/2023; Andyber Auto Repair Inc. served on 1/26/2023, answer due 2/16/2023; Andy Bermeo served on 1/26/2023, answer due 2/16/2023; Hermenegildo Silvio Hernandez served on 1/26/2023, answer due 2/16/2023; K&M Auto Inc. served on 1/26/2023, answer due 2/16/2023; La Jarabacoa Deli and Grocery Corp. served on 1/26/2023, answer due 2/16/2023; Primo Flat Fix Inc. served on 1/26/2023, answer due 2/16/2023; Primo Flat Fix Inc. d/b/a Los Primos Auto Repair and Sale served on 1/26/2023, answer due 2/16/2023; Rudy L. Reyes served on 1/26/2023, answer due 2/16/2023; Second A-One, Inc. served on 1/26/2023, answer due 2/16/2023; Terra Nova Restoration Corp. served on 1/26/2023, answer due 2/16/2023; Isack David Weisz served on 1/26/2023, answer due 2/16/2023. (Attachments: #1 Affidavit of Service Order to Show Cause, Summons, Complaint, Civil Cover Sheet, United States' Brief in Support of the Order to Show Cause, Thomas Mongelli Declaration with Exhibits A to CCC; Second A-One, LLC, Isack David Weisz, La Jarabacoa Deli and Gorcery Corp., Primo Flat Fix, Inc. 1127-1129 Irving Avenue LLC; Primo Flat Fix Inc. dba Los Primos Auto Repair and Sale (OTSC response due February 6, 2023), #2 Affidavit of Service Order to Show Cause, Summons, Complaint, Civil Cover Sheet, United States' Brief in Support of the Order to Show Cause, Thomas Mongelli Declaration with Exhibits A to CCC; Terra Nova Restoration Corp., Rudy L. Reyes, Andyber Auto Repair Inc., K & M Auto Inc., Andy Bermeo (OTSC response due February 6, 2023), #3 Certificate of Service Order to Show Cause, Summons, Complaint, Civil Cover Sheet, United States' Brief in Support of the Order to Show Cause, Thomas Mongelli Declaration with Exhibits A to CCC accepted by Atty for Hermenegildo Silvio Hernandez (OTSC response due February 6, 2023)) (Dharia, Ekta) |
| Filing 11 Summons Issued as to 1127-1129 Irving Avenue LLC, Andyber Auto Repair Inc., Andy Bermeo, Hermenegildo Silvio Hernandez, K&M Auto Inc., La Jarabacoa Deli and Grocery Corp., Primo Flat Fix Inc., Primo Flat Fix Inc. d/b/a Los Primos Auto Repair and Sale, Rudy L. Reyes, Second A-One, Inc., Terra Nova Restoration Corp. and Isack David Weisz. (MI) |
| Filing 10 Proposed Summons. Re #1 Complaint, by United States of America (Dharia, Ekta) |
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Filing 9
ORDER TO SHOW CAUSE; An in person oral argument is scheduled for February 16, 2023 @ 3:30 pm as to plaintiff's application #2 to enforce the EPA's administrative orders. The plaintiff shall serve upon the defendant a copy of the complaint and all motion papers by January 27, 2023 and file proof of service. Ordered by Judge Frederic Block on 1/25/2023. (MI) Modified on 1/25/2023 (MI).
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| Filing 8 AFFIDAVIT/DECLARATION in Support re #2 Proposed MOTION for Order to Show Cause As to Why the Court Should Not Enforce EPA's Administrative Orders and Issue a Judicial Order Allowing EPA to Implement its Remedy at the Wolff-Alport Site Exhibits to Declaration of Thomas Mongelli, EPA filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit AA, #3 Exhibit AAA, #4 Exhibit B, #5 Exhibit BB, #6 Exhibit BBB, #7 Exhibit C, #8 Exhibit CC, #9 Exhibit CCC, #10 Exhibit D, #11 Exhibit DD, #12 Exhibit E, #13 Exhibit EE, #14 Exhibit F, #15 Exhibit FF, #16 Exhibit G, #17 Exhibit GG, #18 Exhibit H, #19 Exhibit HH, #20 Exhibit I, #21 Exhibit II, #22 Exhibit J, #23 Exhibit JJ, #24 Exhibit K, #25 Exhibit KK, #26 Exhibit L, #27 Exhibit LL, #28 Exhibit M, #29 Exhibit MM, #30 Exhibit N, #31 Exhibit NN, #32 Exhibit O, #33 Exhibit OO, #34 Exhibit P, #35 Exhibit PP, #36 Exhibit Q, #37 Exhibit QQ, #38 Exhibit R, #39 Exhibit RR, #40 Exhibit S, #41 Exhibit SS, #42 Exhibit T, #43 Exhibit TT, #44 Exhibit U, #45 Exhibit UU, #46 Exhibit V, #47 Exhibit VV, #48 Exhibit W, #49 Exhibit WW, #50 Exhibit X, #51 Exhibit XX, #52 Exhibit Y, #53 Exhibit YY, #54 Exhibit Z, #55 Exhibit ZZ) (Dharia, Ekta) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 6 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. (SR) |
| Filing 5 Summons Issued as to Second A-One, Inc.. (SR) |
| Filing 4 AFFIDAVIT/DECLARATION in Support re #2 Proposed MOTION for Order to Show Cause As to Why the Court Should Not Enforce EPA's Administrative Orders and Issue a Judicial Order Allowing EPA to Implement its Remedy at the Wolff-Alport Site - Declaration of Thomas Mongelli, EPA filed by United States of America. (Dharia, Ekta) |
| Filing 3 MEMORANDUM in Support re #2 Proposed MOTION for Order to Show Cause As to Why the Court Should Not Enforce EPA's Administrative Orders and Issue a Judicial Order Allowing EPA to Implement its Remedy at the Wolff-Alport Site filed by United States of America. (Dharia, Ekta) |
| Filing 2 Proposed MOTION for Order to Show Cause As to Why the Court Should Not Enforce EPA's Administrative Orders and Issue a Judicial Order Allowing EPA to Implement its Remedy at the Wolff-Alport Site by United States of America. (Dharia, Ekta) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara. 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. Motions referred to Sanket J. Bulsara. (SR) |
| Filing 1 COMPLAINT against 1127-1129 Irving Avenue LLC, Andyber Auto Repair Inc., Andy Bermeo, Hermenegildo Silvio Hernandez, K&M Auto Inc., La Jarabacoa Deli and Grocery Corp., Primo Flat Fix Inc., Primo Flat Fix Inc. d/b/a Los Primos Auto Repair and Sale, Rudy L. Reyes, Second A-One, Inc., Terra Nova Restoration Corp., Isack David Weisz, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Dharia, Ekta) |
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