Town of Oyster Bay v. Northrop Grumman Corporation et al
| Town of Oyster Bay, New York |
| Northrop Grumman Systems Corporation, Northrop Grumman Corporation, The United States Navy and United States of America |
| 2:2005cv01945 |
| April 21, 2005 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Diane Gujarati |
| Steven I Locke |
| Torts to Land |
| 42 U.S.C. § 9607 Real Property Tort to Land |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 174 STATUS REPORT pursuant to the Court/s 8/18/2023 Order by Town of Oyster Bay, New York (Showalter, James) |
| Filing 173 Notice of Related Case: The Civil Cover Sheet filed in civil action 23cv7146(DLI)(AYS) indicates this is a related case. (LJ) |
STATUS REPORT ORDER re: #172 : A further Status Report is due by 11/17/2023. Ordered by Judge Diane Gujarati on 8/18/2023. (KA)
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| Filing 172 STATUS REPORT REQUIRED BY COURT ORDER DATED MAY 19, 2023 by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re: #171 : A further Status Report is due by 8/17/2023. Ordered by Judge Diane Gujarati on 5/19/2023. (KA)
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| Filing 171 STATUS REPORT by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER re #170 : A further Status Report is due by 5/17/2023. Ordered by Judge Diane Gujarati on 2/21/2023. (KA)
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| Filing 170 STATUS REPORT FILED PURSUANT TO 11/21/22 ORDER by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re #169 : A further Status Report is due by 2/17/2023. Ordered by Judge Diane Gujarati on 11/21/2022. (KA)
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| Filing 169 STATUS REPORT pursuant to 8/18/22 Order by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re #168 : A further Status Report is due by 11/17/2022. Ordered by Judge Diane Gujarati on 8/18/2022. (Almonte, Kelly)
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| Filing 168 STATUS REPORT pursuant to 5/19/22 Order by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re #167 : A further Status Report is due by 08/17/2022. Ordered by Judge Diane Gujarati on 5/19/2022. (Almonte, Kelly)
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| Filing 167 STATUS REPORT pursuant to Court Order dated 2-18-22 by Town of Oyster Bay, New York (Showalter, James) |
| Filing 166 NOTICE of Change of Name of Firm for Counsel for Town of Oyster Bay Once the filing has been made, you must login to www.pacer.gov and update your account. (Showalter, James) |
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STATUS REPORT ORDER re #164 : A further Status Report is due by 05/17/2022. Ordered by Judge Diane Gujarati on 2/18/2022. (Almonte, Kelly)
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| Filing 165 STATUS REPORT pursuant to 11/18/21 Order by Town of Oyster Bay, New York (Showalter, James) |
| Filing 164 Letter dated 1/19/2022 from Scott B. Fisher to Clerk of the Court, informing the Court that pltffs are interested in retrieving copies of exhibits which were filed in this action, but not electronically uploaded. (Must see letter for further details) (Galeano, Sonia) |
| Filing 163 STATUS REPORT by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER re #163 -- A further Status Report is due by 2/17/2022. Ordered by Judge Diane Gujarati on 11/18/2021. (Almonte, Kelly)
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| Case randomly reassigned to Magistrate Judge Steven I. Locke. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. 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. (Florio, Lisa) |
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STATUS REPORT ORDER re #162 -- A further Status Report is due by 11/18/2021. Ordered by Judge Diane Gujarati on 8/18/2021. (Almonte, Kelly)
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| Filing 162 STATUS REPORT pursuant to 5/17/21 Court Order by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re #161 -- A further Status Report is due by 8/18/2021. Ordered by Judge Diane Gujarati on 5/18/2021. (Almonte, Kelly)
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| Filing 161 STATUS REPORT pursuant to 2/18/21 Order by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER re #160 -- A further Status Report is due by 5/18/2021. Ordered by Judge Diane Gujarati on 2/23/2021. (Almonte, Kelly)
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| Filing 160 STATUS REPORT pursuant to Nov. 18, 2020 Order by Town of Oyster Bay, New York (Showalter, James) |
| Case Reassigned to Judge Diane Gujarati. Judge Joan M. Azrack no longer assigned to the case. 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. (Mahoney, Brenna) |
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STATUS REPORT ORDER : A further Status Report is due by 2/18/2021. Ordered by Judge Joan M. Azrack on 11/18/2020. (Posillico, Lauren)
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| Filing 159 STATUS REPORT pursuant to the Court's August 18, 2020 Order by Town of Oyster Bay, New York (Showalter, James) |
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Filing 158
ORDER granting #157 Motion to Withdraw as Attorney. The Clerk's Office is directed to remove Attorney Caitlin Ajax as active counsel on behalf of the Plaintiff in this case. So Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/11/2020. (Attorney Caitlin Mackenzie Ajax terminated) (Ortiz, Grisel)
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| Filing 157 MOTION to Withdraw as Attorney Caitlin M. Ajax by Town of Oyster Bay, New York. (Showalter, James) |
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ORDER re #156 Status Report filed by Town of Oyster Bay, New York - A further status report is due by 11/18/2020. Ordered by Judge Joan M. Azrack on 8/18/2020. (Flanagan, Doreen)
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| Filing 156 STATUS REPORT per the Court's May 19, 2020 Order by Town of Oyster Bay, New York (Showalter, James) |
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ORDER re #155 Status Report filed by Town of Oyster Bay, New York - A further status report is due by 8/18/2020. Ordered by Judge Joan M. Azrack on 5/19/2020. (Posillico, Lauren)
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| Filing 155 STATUS REPORT by Feb. 19, 2020 Order of Court by Town of Oyster Bay, New York (Showalter, James) |
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ORDER re #154 Status Report filed by Northrop Grumman Systems Corporation - A further status report is due by 5/18/2020. Ordered by Judge Joan M. Azrack on 2/19/2020. (Posillico, Lauren)
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| Filing 154 STATUS REPORT Joint status report filed on behalf of both parties by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER - Status Report due by 2/18/2020.Ordered by Judge Joan M. Azrack on 11/19/2019. (Posillico, Lauren)
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| Filing 153 STATUS REPORT - Joint Status Report filed on behalf of both parties by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER. A further status report is due by 11/18/2019. Ordered by Judge Joan M. Azrack on 8/16/2019. (Manzo, Michael)
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| Filing 152 STATUS REPORT filed on behalf of both parties by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER : A further status report is due by 8/16/2019. Ordered by Judge Joan M. Azrack on 4/16/2019. (Posillico, Lauren)
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| Filing 151 STATUS REPORT (JOINT) by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER: A further Status Report is due by 4/16/2019. Ordered by Judge Joan M. Azrack on 1/17/2019. (Manzo, Michael)
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| Filing 150 STATUS REPORT submitted on behalf of Northrop Grumman Systems Corporation and the Town of Oyster Bay by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER : A further Status Report is due by 1/16/2019. Ordered by Judge Joan M. Azrack on 9/25/2018. (Posillico, Lauren)
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| Filing 149 STATUS REPORT by Town of Oyster Bay, New York (Showalter, James) |
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STATUS REPORT ORDER: A further Status Report is due by 9/24/2018.Ordered by Judge Joan M. Azrack on 9/10/2018. (Posillico, Lauren)
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| Filing 148 NOTICE of Appearance by Ashely Lynn Thompson on behalf of Town of Oyster Bay, New York (notification declined or already on case) (Thompson, Ashely) |
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ORDER granting #147 Motion for Leave to Appear Pro Hac Vice. Attorney Thompson shall register for ECF, registration is available online at the NYEDs homepage. Once registered, Attorney Thompson shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/13/2018. (Cento, Patrick)
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| Filing 147 First MOTION for Leave to Appear Pro Hac Vice on behalf of Plaintiff, Town of Oyster Bay. Filing fee $ 150, receipt number 0207-10646370. by Town of Oyster Bay, New York. (Attachments: #1 Notice of Motion Thompson - Notice of Motion, #2 Affidavit Thompson - Affidavit, #3 Appendix Certificate of Good Standing (IL), #4 Appendix Certificate of Good Standing (MI)) (Thompson, Ashely) |
| Filing 146 NOTICE of Appearance by Russell Bertram Selman on behalf of Town of Oyster Bay, New York (notification declined or already on case) (Selman, Russell) |
| Filing 145 NOTICE of Appearance by Bradley Scott Rochlen on behalf of Town of Oyster Bay, New York (notification declined or already on case) (Rochlen, Bradley) |
| Filing 144 NOTICE of Appearance by Caitlin Mackenzie Ajax on behalf of Town of Oyster Bay, New York (notification declined or already on case) (Ajax, Caitlin) |
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ORDER granting #143 Motion for Leave to Appear Pro Hac Vice. Attorney Selman shall register for ECF, registration is available online at the NYEDs homepage. Once registered, he shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/6/2018. (Cento, Patrick)
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| Filing 143 Second MOTION for Leave to Appear Pro Hac Vice on behalf of Plaintiff, Town of Oyster Bay. Filing fee $ 150, receipt number 0207-10626896. by Town of Oyster Bay, New York. (Attachments: #1 Notice of Motion PHV - Notice of Motion, #2 Affidavit in Support PHV - Affidavit, #3 Appendix Certificate of Good Standing (IL), #4 Appendix Certificate of Good Standing (DC), #5 Appendix Certificate of Good Standing (MO)) (Selman, Russell) |
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Filing 142
ORDER granting #136 Motion to Substitute Attorney. (Added attorney James M. Showalter for Town of Oyster Bay, New York. Attorney Stephen J. Smirti, Jr; Janice L. McGuckin and William M. Savino terminated.) So Ordered by Judge Joan M. Azrack on 7/23/2018. (Ortiz, Grisel)
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ORDER granting #140 and #141 Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. The Court notes that although a Certificate of Good Standing for Russell Bertram Selman was submitted, no corresponding motion for admission pro hac vice has been filed for this attorney. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/19/2018. (Cento, Patrick)
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| Filing 141 Second MOTION for Leave to Appear Pro Hac Vice on behalf of Plaintiff, Town of Oyster Bay. Filing fee $ 150, receipt number 0207-10593998. by Town of Oyster Bay, New York. (Attachments: #1 Notice of Motion, #2 Affidavit in Support, #3 Certificate of Good Standing (IL)) (Rochlen, Bradley) |
| Filing 140 Second MOTION for Leave to Appear Pro Hac Vice on behalf of Plaintiff, Town of Oyster Bay. Filing fee $ 150, receipt number 0207-10593970. by Town of Oyster Bay, New York. (Attachments: #1 Notice of Motion, #2 Affidavit in Support, #3 Certificate of Good Standing (IL)) (Ajax, Caitlin) |
| Filing 139 First MOTION for Leave to Appear Pro Hac Vice on behalf of Plaintiff, Town of Oyster Bay. Filing fee $ 150, receipt number 0207-10584508. by Town of Oyster Bay, New York. (Attachments: #1 Affidavit in Support PHV - Affidavit, #2 Appendix Certificate of Good Standing) (Rochlen, Bradley) |
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ORDER denying #137 , #138 , and #139 without prejudice. Pursuant to Local Rule 1.3(c), counsel are required to submit a (1) certificate of good standing (2) from each state in which counsel is admitted to practice. Neither the uncertified letter in DE #137 , nor the certificates from the Northern District of Illinois in DE #138 and #139 are sufficient. Moreover, in addition to filing on ECF, the Court requires the original certificates be forwarded to Chambers for review before any motion can be granted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/16/2018. (Cento, Patrick)
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| Filing 138 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10583576. by Town of Oyster Bay, New York. (Attachments: #1 Affidavit in Support PHV - Affidavit, #2 Appendix Certificate of Good Standing) (Selman, Russell) |
| Filing 137 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10582823. by Town of Oyster Bay, New York. (Attachments: #1 Affidavit in Support, #2 Appendix) (Ajax, Caitlin) |
| Filing 136 Letter MOTION to Substitute Attorney with Stipulation and Proposed Order to Substitute Counsel for Plaintiff by Town of Oyster Bay, New York. (Attachments: #1 Proposed Order For Substitution of Counsel) (Smirti, Stephen) |
| Filing 135 STATUS REPORT - Joint Status Report Submitted by Town of Oyster Bay and Northrop Grumman, by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER. A further joint status report should be submitted by 4/16/2018. Ordered by Judge Joan M. Azrack on 10/16/2017. (Flanagan, Doreen)
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| Filing 134 STATUS REPORT Joint Report filed on Behalf of Town of Oyster Bay and Northrop Grumman Systems Corporation by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER - A further joint status report should be submitted by 10/13/2017. Ordered by Judge Joan M. Azrack on 7/5/2017. (Posillico, Lauren)
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| Filing 133 STATUS REPORT Joint Status report filed on behalf of Both Parties by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER : Counsel shall submit a joint status report due by 6/30/2017. Ordered by Judge Joan M. Azrack on 6/7/2017. (Posillico, Lauren)
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| Filing 132 STATUS REPORT Parties' Joint Status Report by Northrop Grumman Systems Corporation (Chertok, Mark) |
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ELECTRONIC ORDER granting #131 Motion for Extension of Time to File. The status report should be submitted by 2/3/2017. Ordered by Judge Joan M. Azrack on 1/26/2017. (Posillico, Lauren)
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| Filing 131 Letter MOTION for Extension of Time to File updated status report by Town of Oyster Bay. (Smirti, Stephen) |
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STATUS REPORT ORDER : Counsel for the plaintiff shall submit an updated status report by 1/27/2017. Ordered by Judge Joan M. Azrack on 1/17/2017. (Posillico, Lauren)
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| Filing 130 STATUS REPORT submitted pursuant to Court's 4/1/2016 Order by Town of Oyster Bay (Smirti, Stephen) |
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STATUS REPORT ORDER : The parties shall provide an updated status report by 4/15/2016. Ordered by Judge Joan M. Azrack on 4/1/2016. (Posillico, Lauren)
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| Filing 129 STATUS REPORT prepared jointly by Plaintiff, the Town of Oyster Bay, and Defendant Northrop Grumman Systems Corporation, by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER : The parties shall jointy provide the Court with an updated status report by 2/17/2016. Ordered by Judge Joan M. Azrack on 12/18/2015. (Posillico, Lauren)
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| Filing 128 STATUS REPORT prepared jointly by Plaintiff, the Town of Oyster Bay, and Defendant Northrop Grumman Systems Corporation, by Northrop Grumman Systems Corporation (Treanor, Victoria) |
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STATUS REPORT ORDER : The parties shall jointly submit an updated status report by 11/30/2015. Ordered by Judge Joan M. Azrack on 11/4/2015. (Posillico, Lauren)
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| Filing 127 STATUS REPORT prepared jointly by Plaintiff, the Town of Oyster Bay, and Defendant Northrop Grumman Systems Corporation, by Northrop Grumman Systems Corporation (Chertok, Mark) |
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STATUS REPORT ORDER : The parties shall submit a report on the status of this case by 10/16/2015. Ordered by Judge Joan M. Azrack on 8/3/2015. (Posillico, Lauren)
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| Filing 126 STATUS REPORT prepared jointly by Plaintiff, the Town of Oyster Bay and Defendant Northrop Grumman Systems Corporation by Town of Oyster Bay (Savino, William) |
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ELECTRONIC ORDER: The status conference scheduled on 9/17/2015 at 9:00 AM is CANCELED. Counsel for the plaintiff shall submit a report on the status of this case by 7/31/2015. Ordered by Judge Joan M. Azrack on 7/15/2015. (Posillico, Lauren)
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Filing 125
ORDER OF RECUSAL: Judge Arthur D. Spatt recused. Case randomly reassigned to Judge Joan M. Azrack for all further proceedings. Ordered by Judge Arthur D. Spatt on 7/9/2015. c/m by cm/ecf. (Mahon, Cinthia)
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| Filing 124 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Status Conference held on 3/3/2015. Case called. Counsel for all side present. Status conference held. Further status conference scheduled for 9/17/15 at 9:00 a.m.. The court may set a trial date at the next conference on 9/17/15. Counsel to submit a proposed order with current caption, etc. (Coleman, Laurie) |
| Filing 123 NOTICE - The above-captioned case has been scheduled for astatus conference before the Honorable Arthur D. Spatt on March 3, 2015 at 10:30 a.m. in Courtroom 1020. (Coleman, Laurie) |
| NOTICE - Please be advised that Judge Spatt's Individual Rules Effective January 1, 2015 have been uploaded to the Eastern District of New York website. Please note the changes to previous rules, including those regarding courtesy copies under Rule I(A). (Coleman, Laurie) |
| Case reassigned to Judge Arthur D. Spatt. Judge Thomas C. Platt no longer assigned to the case. (Gapinski, Michele) |
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Filing 122
ORDER granting #121 Motion to Withdraw as Attorney. Attorney Allan J. Topol terminated. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/2014. (Ryan, Mary)
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| Filing 121 Letter MOTION to Withdraw as Attorney by Northrop Grumman Systems Corporation. (Topol, Allan) |
| Filing 120 NOTICE of Appearance by Elizabeth Read Knauer on behalf of Northrop Grumman Systems Corporation (aty to be noticed) (Knauer, Elizabeth) |
| Filing 119 NOTICE of Appearance by Victoria Shiah Treanor on behalf of Northrop Grumman Systems Corporation (aty to be noticed) (Treanor, Victoria) |
| Filing 118 NOTICE of Appearance by Mark A. Chertok on behalf of Northrop Grumman Systems Corporation (aty to be noticed) (Chertok, Mark) |
| Filing 117 STATUS REPORT by Town of Oyster Bay (McGuckin, Janice) |
| Filing 116 STATUS REPORT --- Federal Defendants' Status Report by The United States Navy, The United States Of America (Kambic, Robert) |
| Filing 115 STATUS REPORT by Northrop Grumman Systems Corporation (Topol, Allan) |
| Request for Status ReportStatus Report due by 5/2/2013. (McMorrow, Karen) |
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ORDER granting #114 Motion to Withdraw as Attorney. Attorney John W. Egan terminated. The Clerk's Office is directed to make the necessary changes to the docket. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/10/2012. (Sofio, Lisa)
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| Filing 114 MOTION to Withdraw as Attorney (John W. Egan) by Town of Oyster Bay. (Egan, John) |
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ORDER granting #113 Motion to Withdraw as Attorney. Attorney Thomas E. Hogan terminated. The Clerk's Office is directed to make the necessary changes. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/19/2012. (Sofio, Lisa)
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| Filing 113 MOTION to Withdraw as Attorney by Northrop Grumman Systems Corporation. (Hogan, Thomas) |
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Filing 112
MEMORANDUM & ORDER denying #108 Motion for Reconsideration re #94 Order. Ordered by Senior Judge Thomas C. Platt on 7/31/2011. (Glueckert, Lisa)
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| Filing 111 REPLY to Response to Motion re #108 MOTION for Reconsideration re #94 Order,,, REPLY in Support re #108 MOTION for Reconsideration re #94 Order,, filed by Town of Oyster Bay. (McGuckin, Janice) |
| Filing 110 MEMORANDUM in Opposition re #108 MOTION for Reconsideration re #94 Order,, filed by The United States Navy, The United States Of America. (McGuckin, Janice) |
| Filing 109 MEMORANDUM in Opposition re #108 MOTION for Reconsideration re #94 Order,, filed by Northrop Grumman Systems Corporation. (McGuckin, Janice) |
| Filing 108 MOTION for Reconsideration re #94 Order,, by Town of Oyster Bay. (Attachments: #1 Memorandum in Support, #2 Declaration Of Janice McGuckin-Greenberg, #3 Exhibit, #4 Certificate of Service) (McGuckin, Janice) |
| Filing 107 MOTION for Reconsideration by Town of Oyster Bay. (Attachments: #1 Memorandum in Support, #2 Declaration of Janice McGuckin-Greenberg, #3 Exhibit Exhibit A to Declaration of Janice McGuckin-Greenberg, #4 Certificate of Service) (McGuckin, Janice) |
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Filing 106
MEMORANDUM & ORDER re #105 ORDER granting 98 Motion for Reconsideration ; denying 101 Motion for Reconsideration. Ordered by Senior Judge Thomas C. Platt on 5/21/2010. (Glueckert, Lisa)
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Filing 105
ORDER granting #98 Motion for Reconsideration ; denying #101 Motion for Reconsideration. SO ORDERED that Plaintiffs motion for reconsideration is hereby DENIED. The Federal Defts motion is hereby GRANTED. A written decision shall issue henceforth. Ordered by Senior Judge Thomas C. Platt on 3/31/2010. (Glueckert, Lisa)
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ORDER re #87 Motion for Extension of Time to File. The Motion [DE 87] for extension of time to file supplemental briefing on the parties' dispositive motions is hereby deemed MOOT, pursuant to Judge Platt's March 31, 2009 Order [DE 91] deciding the underlying dispositive motions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/2/2009. (Tobin, Ellen)
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| Filing 104 REPLY in Support re #101 MOTION for Reconsideration re #94 Order,, filed by Town of Oyster Bay. (Attachments: #1 Certificate of Service) (McGuckin, Janice) |
| Filing 103 MEMORANDUM in Opposition re #101 MOTION for Reconsideration re #94 Order,, filed by The United States Navy. (McGuckin, Janice) |
| Filing 102 MEMORANDUM in Opposition re #101 MOTION for Reconsideration re #94 Order,, filed by Northrop Grumman Systems Corporation. (McGuckin, Janice) |
| Filing 101 MOTION for Reconsideration re #94 Order,, by Town of Oyster Bay. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (McGuckin, Janice) (Main Document 101 replaced for statistical purposes - original pdf flagged as corrupt on 9/30/2022) (Jakubowski, Laura). |
| Filing 100 REPLY in Support re #98 Notice of MOTION for Reconsideration (Partial) of the Court's May 14, 2009 Memorandum & OrderNotice of MOTION for Reconsideration (Partial) of the Court's May 14, 2009 Memorandum & Order filed by The United States Navy, The United States Of America. (Kambic, Robert) |
| Filing 99 RESPONSE in Opposition re #98 Notice of MOTION for Reconsideration (Partial) of the Court's May 14, 2009 Memorandum & OrderNotice of MOTION for Reconsideration (Partial) of the Court's May 14, 2009 Memorandum & Order [Plaintiff's June 30, 2009 Response in Partial Opposition to Federal Defendants' Motion for Partial Reconsideration] filed by The United States Navy, The United States Of America. (Kambic, Robert) |
| Filing 98 Notice of MOTION for Reconsideration (Partial) of the Court's May 14, 2009 Memorandum & Order by The United States Navy, The United States Of America. (Attachments: #1 Memorandum of Law in Support of Federal Defendants' Motion for Partial Reconsideration of the Court's May 14, 2009 Memorandum & Order) (Kambic, Robert) |
| Filing 97 MANDATE of USCA as to #93 Notice of Appeal filed by Town of Oyster Bay withdrawing the appeal by stipulation. USCA no.09-1867 cv (Romano, Daniel) |
| Filing 96 Letter to parties by Town of Oyster Bay (McGuckin, Janice) |
| Filing 95 Letter to Parties with Copy to the Honorable Thomas C. Platt Regarding the Service of Federal Defendants Motion for Partial Reconsideration of the Courts May 14, 2009 Memorandum and Order by The United States Of America, The United States Navy (Kambic, Robert) |
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Filing 94
MEMORANDUM & ORDER: SO ORDERED that plaintiff's First, Second and Third Causes of Action are hereby dismissed with prejudice. Plaintiff's Fourth, Fifth, Sixth, and Seventh Causes of Action are hereby dismissed without prejudice. Accordingly, NGSC's motion for summary judgment against plaintiff is GRANTED. The federal defts' motion for summary judgment against plaintiff is GRANTED. Plaintiff's motion for summary judgment against NGSC is DENIED. Plaintiff's motion for summary judgment against the federal defts is DENIED. Ordered by Senior Judge Thomas C. Platt on 5/14/2009. (Glueckert, Lisa) Modified on 5/18/2009: Original document deleted and replaced with the complete document (63 pages) (Glueckert, Lisa).
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| Filing 93 NOTICE OF APPEAL by Town of Oyster Bay. Filing fee $ 455, receipt number 02070000000003505736. (Attachments: #1 Exhibit A - Order, #2 Affidavit of Service) (McGuckin, Janice) (Main Document 93 and attachment 1 replaced for statistical purposes - original pdfs flagged as corrupt on 9/30/2022) (Jakubowski, Laura). |
| Electronic Index to Record on Appeal sent to US Court of Appeals. For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. #73 Reply in Support, #89 Memorandum in Support, #25 Motion Hearing, Order on Motion for Extension of Time to File,, Order on Motion to Adjourn Conference, #82 Status Conference,, #40 Notice of Appearance, #45 Status Conference,,, #92 Notice of Appearance, #63 Motion for Summary Judgment, #7 Notice of Appearance, #81 Letter, #14 Letter, #18 Initial Conference Hearing,, #51 Order on Motion for Extension of Time to Amend,,, Status Conference,, #37 Motion to Expedite, #30 Corporate Disclosure Statement, #3 Amended Complaint, #60 Letter, #52 Answer to Complaint, Counterclaim, #44 Response in Opposition to Motion, #74 Reply in Support, #35 Motion to Compel, #64 Motion for Summary Judgment,, #69 Memorandum in Opposition, #83 Pretrial Memorandum, #13 Order, #57 Notice of Appearance, #50 Motion for Extension of Time to Amend, #65 Motion for Summary Judgment, #4 Motion for Limited Admission, #23 Scheduling Order,,,, #71 Affidavit in Opposition to Motion, #11 Letter, #56 Motion for Extension of Time to File, #55 Motion for Extension of Time to File, #93 Notice of Appeal, #54 Motion for Extension of Time to File, #17 Letter, #19 Proposed Scheduling Order, #72 Reply in Support, #27 Motion for Extension of Time to File, #75 Reply in Support, #24 Letter, #32 Answer to Amended Complaint, #85 Proposed Pretrial Order, #46 Scheduling Order,, #67 Memorandum in Opposition, #36 Response in Opposition to Motion, #79 Pretrial Conference - Interim, #90 Memorandum in Support, #33 Letter, #16 Letter, #48 Order on Motion for Extension of Time to File,,, Telephone Conference,,, Status Conference,, #58 Motion for Extension of Time to File, Motion to Adjourn Conference, #84 Pretrial Memorandum, #34 Notice (Other), #1 Complaint, #20 Motion to Dismiss, #22 Reply to Response to Motion, #53 Answer to Counterclaim, #10 Letter, #62 Letter, #80 Status Conference,, #21 Response to Motion, #66 Motion for Summary Judgment, #68 Memorandum in Opposition,, #2 Summons Returned Executed, #86 Order,, #38 Motion for Extension of Time to Complete Discovery, #77 Letter, #29 Amended Complaint, #41 Order on Motion for Extension of Time to Complete Discovery,,, #70 Memorandum in Opposition, #43 Motion for Extension of Time to Complete Discovery, #31 Answer to Amended Complaint, Counterclaim, #59 Proposed Pretrial Order, #28 Order on Motion to Dismiss,, #26 Status Conference,, #12 Answer to Amended Complaint, #49 Scheduling Order, #61 Letter, #5 Stipulation, #76 Motion for Leave to File Excess Pages, #42 Scheduling Order,, #8 Summons Returned Executed as to USA, #6 Letter, #91 Order on Motion for Summary Judgment,,,,,,,,,,, #88 Memorandum in Support, #39 Stipulation, #15 Letter, #47 Motion for Extension of Time to File, #78 Letter, #87 Motion for Extension of Time to File, #9 Affidavit of Service,, (Romano, Daniel) |
| Filing 92 NOTICE of Appearance by Stephen J. Smirti, Jr on behalf of Town of Oyster Bay (aty to be noticed) (Smirti, Stephen) |
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Filing 91
ORDER granting #63 Motion for Summary Judgment; granting #64 Motion for Summary Judgment; denying #65 Motion for Summary Judgment; denying #66 Motion for Summary Judgment. SO ORDERED that plaintiffs motion for summary judgment against NGSC is hereby DENIED. Plaintiffs motion for summary judgment against the federal defts is hereby DENIED. NGSC's motion for summary judgment against plaintiff is hereby GRANTED. The federal defts' motion for summary judgment is hereby GRANTED. A written decision with regard to the foregoing shall be issued henceforth. Ordered by Senior Judge Thomas C. Platt on 3/31/2009. (Glueckert, Lisa)
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ORDER terminating #76 Motion for Leave to File Excess Pages (brief already filed-motion moot.). Ordered by Senior Judge Thomas C. Platt on 3/31/2009. (McMorrow, Karen)
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| Filing 90 MEMORANDUM in Support re #64 Notice of MOTION for Summary Judgment and/or Motion to Dismiss the Second Amended Complaint filed by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 89 MEMORANDUM in Support re #66 MOTION for Summary Judgment, #65 MOTION for Summary Judgment filed by Town of Oyster Bay. (Attachments: #1 Exhibit A-E) (Egan, John) |
| Filing 88 MEMORANDUM in Support re #63 MOTION for Summary Judgment filed by Northrop Grumman Systems Corporation. (Hogan, Thomas) |
| Filing 87 Letter MOTION for Extension of Time to File supplemental materials to pending dispositive motions by Town of Oyster Bay. (McGuckin, Janice) |
| Minute Entry for proceedings held before Senior Judge Thomas C. Platt:Motion Hearing held on 1/15/2009 re #63 MOTION for Summary Judgment filed by Northrop Grumman Systems Corporation, #66 MOTION for Summary Judgment filed by Town of Oyster Bay, #64 Notice of MOTION for Summary Judgment and/or Motion to Dismiss the Second Amended Complaint filed by The United States Navy, The United States Of America, #65 MOTION for Summary Judgment filed by Town of Oyster Bay. Oral presentation heard. The parties will submit a copy of the Scharf deposition testimony. The parties may submit any additional briefs within 10 days. DECISION RESERVED. (Court Reporter Stephanie Picozzi.) (McMorrow, Karen) |
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Filing 86
ORDER. Discovery is closed and the parties have submitted their amended proposed joint pretrial order. After examination of the order, I find that it substantially complies with the requirements of the Honorable Thomas C. Platt, United States District Judge. Accordingly, the amended joint pretrial order is accepted for filing and the action is deemed ready for trial. The action will be tried in accordance with the discretion and trial calendar of District Judge Thomas C. Platt. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/17/08. (Monaco, Laura)
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| Filing 85 Proposed Pretrial Order (Amended) with Attachments A through E by The United States Of America, The United States Navy (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E) (Kambic, Robert) |
| Filing 84 PRETRIAL MEMORANDUM by Northrop Grumman Systems Corporation (Hogan, Thomas) |
| Filing 83 PRETRIAL MEMORANDUM by Town of Oyster Bay (McGuckin, Janice) |
| Filing 82 Minute Entry for proceedings held before Senior Judge Thomas C. Platt: Status Conference held on 7/23/2008. Appearances: For plaintiff: Janice Greenberg and Stephen Smirti; For deft: Alan Topol and Robert Kambic. Conference held and completed. Parties appear to argue summary judgment motions. No argument held. Parties are to submit briefs to Court re jury trial and are to submit any additional exhibits that may be referred to during argument of the summary judgment motion as soon as possible. The Court will contact the parties to schedule an argument date. Decision deferred until after argument is held. (Court Reporter Paul Lombardi.) (Glueckert, Lisa) |
| Filing 81 Letter to the Honorable Thomas C. Platt from Robert B. Kambic, AUSA, regarding status by The United States Of America, The United States Navy (Kambic, Robert) |
| Filing 80 Minute Entry for proceedings held before Senior Judge Thomas C. Platt: Status Conference held on 7/11/2008. Appearances: For plaintiff: Steven Smirti and Janice Greenberg; For deft: Alan Topol and Robert Kambic. Parties appear to argue summary judgment motions. Parties discuss the possibility of mediation. Parties are to submit letter within one week stating whether they agree to mediation. Oral argument on the motion is adjourned pending agreement on mediation. Tentative argument date set for July 23, 2008 at 10:30 AM before Judge Platt. (Court Reporter Marie Foley.) (Glueckert, Lisa) |
| Filing 79 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Interim Pretrial Conference held on 7/11/2008. The matters discussed at today's conference are summarized in the attached Order. (Tomlinson, A.) |
| Filing 78 Letter clarifying materials contained in record by Town of Oyster Bay (McGuckin, Janice) |
| Filing 77 Letter relating to oral argument on motions for summary judgment by Town of Oyster Bay (Attachments: #1 Exhibit Kotrous v. Goss-Jewett Co. of Northern California, #2 Exhibit 145 Marcus Blvd. v. F&H Manufacturing Corp.) (McGuckin, Janice) |
| Filing 76 Letter MOTION for Leave to File Excess Pages Concerning Federal Defendants' Reply Memorandum of Law by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 75 REPLY in Support re #66 MOTION for Summary Judgment against Federal Defendants filed by Town of Oyster Bay. (Attachments: #1 Reply Declaration of Janice McGuckin-Greenberg, #2 Exhibit Sheet to Reply Declaration, #3 Certificate of Service) (McGuckin, Janice) |
| Filing 74 REPLY in Support re #64 Notice of MOTION for Summary Judgment and/or Motion to Dismiss the Second Amended Complaint and in Opposition to Plaintiff's Summary Judgment Motion filed by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 73 REPLY in Support re #65 MOTION for Summary Judgment against Northrop Grumman Systems Corp. filed by Town of Oyster Bay. (Attachments: #1 Reply Declaration of Janice McGuckin-Greenberg, #2 Exhibit Sheet to Reply Declaration, #3 Certificate of Service) (McGuckin, Janice) |
| Filing 72 REPLY in Support re #63 MOTION for Summary Judgment filed by Northrop Grumman Systems Corporation. (Hogan, Thomas) |
| Filing 71 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION for Summary Judgment filed by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 70 MEMORANDUM in Opposition re #66 MOTION for Summary Judgment filed by The United States Of America, The United States Navy. (Attachments: #1 Federal Defendants' Counter-Statement of Material Facts in Response to Plaintiff's Local Civil Rule 56.1 Statement) (Kambic, Robert) |
| Filing 69 MEMORANDUM in Opposition re #65 MOTION for Summary Judgment filed by Northrop Grumman Systems Corporation. (Attachments: #1 Response to Rule 56.1 Statement, #2 Affidavit in Opposition, #3 Exhibit, #4 Exhibit) (Hogan, Thomas) |
| Filing 68 MEMORANDUM in Opposition re #64 Notice of MOTION for Summary Judgment and/or Motion to Dismiss the Second Amended Complaint by Federal Defendants filed by Town of Oyster Bay. (Attachments: #1 Rule 56.1 Statement Plaintiff's Counterstatement, #2 Declaration of Janice McGuckin-Greenberg, #3 Exhibit sheet to Greenberg Declaration, #4 Affidavit in Opposition of Phillip Schade, #5 Affidavit in Opposition of Frank Vetere, #6 Certificate of Service) (McGuckin, Janice) |
| Filing 67 MEMORANDUM in Opposition re #63 MOTION for Summary Judgment by Defendant Northrop Grumman Systems Corp. filed by Town of Oyster Bay. (Attachments: #1 Rule 56.1 Statement Plaintiff's Counterstatement, #2 Declaration of Janice McGuckin Greenberg, #3 Exhibit sheet to Greenberg Declaration, #4 Affidavit in Opposition of Phillip Schade, #5 Affidavit in Opposition of Frank Vetere, #6 Certificate of Service) (McGuckin, Janice) |
| Filing 66 MOTION for Summary Judgment by Town of Oyster Bay. Responses due by 3/17/2008 (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Janice McGuckin-Greenberg, #3 Rule 56.1 Statement, #4 Exhibit sheet to Greenberg Declaration, #5 Affidavit of Matthew Russo, #6 Affidavit of Phillip Schade, #7 Exhibit sheet to Schade Affidavit, #8 Certificate of Service) (McGuckin, Janice) |
| Filing 65 MOTION for Summary Judgment by Town of Oyster Bay. Responses due by 3/17/2008 (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Affidavit Declaration of Janice McGuckin-Greenberg, #4 Affidavit of Matthew Russo, #5 Affidavit Phillip J. Schade, #6 Exhibit Exhibit sheet to Greenberg Dec/R. 56 statement, #7 Exhibit Exhibit Sheet to Schade affidavit, #8 Certificate of Service) (McGuckin, Janice) |
| Filing 64 Notice of MOTION for Summary Judgment and/or Motion to Dismiss the Second Amended Complaint by The United States Of America, The United States Navy. (Attachments: #1 Federal Defendants' Statement of Undisputed Facts Pursuant to Local Civil Rule 56.1, #2 Memorandum of Law in Support of Federal Defendants' Motion to Dismiss the Second Amended Complaint, or, in the Alternative, for Summary Judgment, #3 Declaration of Assistant U.S. Attorney Robert B. Kambic, #4 Federal Defendants' Notice Regarding the Filing of Exhibits in Paper Form) (Kambic, Robert) |
| Filing 63 MOTION for Summary Judgment by Northrop Grumman Systems Corporation. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Affidavit in Support, #4 Affidavit in Support, #5 Exhibit) (Hogan, Thomas) |
| Filing 62 Letter to the Honorable Thomas C. Platt from AUSA Robert B. Kambic Regarding Status of the Filing of the Parties' Fully-Briefed Summary Judgment Motions by The United States Of America, The United States Navy (Kambic, Robert) |
| Filing 61 Letter to the Honorable Thomas C. Platt from AUSA Robert B. Kambic Regarding Status of the Filing of the Parties' Fully-Briefed Summary Judgment Motions by The United States Of America, The United States Navy (Kambic, Robert) |
| Filing 60 Letter to the Honorable Thomas C. Platt from AUSA Robert B. Kambic Regarding Filing of the Parties' Motions for Summary Judgment by The United States Of America, The United States Navy (Kambic, Robert) |
| Filing 59 Proposed Pretrial Order (Joint) with Attachments A through E by The United States Of America, The United States Navy (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E) (Kambic, Robert) |
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ELECTRONIC ORDER granting #58 Motion for Extension of Time to File; granting #58 Motion to Adjourn Conference. Based on the representations contained in the Federal Defendants' June 5, 2008 letter, the deadline to file the parties' joint pretrial order is extended to June 10, 2008. In addition, the pretrial conference scheduled for June 20, 2008 is hereby adjourned to July 10, 2008 at 3:30 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 06/06/08. (Monaco, Laura)
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| Filing 58 Consent MOTION for Extension of Time to File Joint Pre-Trial Order, Consent MOTION to Adjourn Conference Scheduled for June 20, 2008 at 2:00 P.M. by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 57 NOTICE of Appearance by John W. Egan on behalf of all plaintiffs (aty to be noticed) (Egan, John) |
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ELECTRONIC ORDER granting #56 Motion for Extension of Time to File. The Federal Defendants' request for an extension of time to submit the joint pretrial order is granted. Due to a scheduling conflict, the pretrial conference scheduled for May 27, 2008 is adjourned to June 20, 2008 at 2:00 PM. The joint pretrial order is to be filed on ECF no later than June 6, 2008. Ordered by Magistrate Judge A. Kathleen Tomlinson on 05/16/08. (Monaco, Laura) Modified on 5/19/2008 (Montero, Edher).
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| Filing 56 Consent MOTION for Extension of Time to File Proposed Joint Pre-Trial Order by The United States Of America, The United States Navy. (Kambic, Robert) |
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ORDER Setting Hearing on Motions for summary judgment. Motion Hearing set for 7/11/2008 10:30 AM in Courtroom 1040 before Senior Judge Thomas C. Platt. The parties are to file their papers as soon as all motions are fully briefed.. Ordered by Senior Judge Thomas C. Platt on 5/8/08. (McMorrow, Karen)
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ELECTRONIC ORDER granting #55 Motion for Extension of Time to File. Based on the representations contained in the Federal Defendants' May 5, 2008 letter, the deadline for filing the Pretrial Order is extended to May 16, 2008. The Pretrial Conference will be held on May 27, 2008, as scheduled. Ordered by Magistrate Judge A. Kathleen Tomlinson on 05/07/08. (Monaco, Laura)
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| Filing 55 Consent MOTION for Extension of Time to File the Parties' Proposed Joint Pre-Trial Order by The United States Of America, The United States Navy. (Kambic, Robert) |
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ELECTRONIC ORDER granting #54 Motion for Extension of Time to File. Based on the representations contained in the Federal Defendants' letter, the pretrial order will be due on May 9, 2008 and the pretrial conference is adjourned to May 27, 2008 at 10:00 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 04/04/08. (Monaco, Laura)
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| Filing 54 Consent MOTION for Extension of Time to File Proposed Joint Pre-Trial Order and Request to Adjourn Pre-Trial Conference by The United States Of America, The United States Navy. (Kambic, Robert) |
| Filing 53 Plaintiff's ANSWER to #52 Answer to Complaint, Counterclaim by Town of Oyster Bay. (McGuckin, Janice) |
| Filing 52 Amended ANSWER to Complaint (Second Amended Complaint), COUNTERCLAIM against Town of Oyster Bay by The United States Of America, The United States Navy. (Kambic, Robert) |
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Filing 51
Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson on 1/24/08, GRANTING #50 Motion for Extension of Time to complete discovery. SCHEDULING: The Pre-Trial Conference is adjourned to April 17, 2008 at 2:30 p.m. in Courtroom 910. THE FOLLOWING RULINGS WERE MADE: The parties have jointly moved for a third extension of the discovery deadline and I find that they have met their burden to establish good cause for the extension. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 1/24/08. (Tomlinson, A.)
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ORDER deferring ruling on #50 Motion for Extension of Time to Amend. The Pretrial Conference scheduled for January 24, 2008 is hereby converted to a telephone conference to discuss the issues raised by the motion. The filing of the Pretrial Order shall be held in abeyance pending resolution of the motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/16/08. (Jacobwitz, Beth)
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| Filing 50 Third MOTION for Extension of Time to Amend Case Management and Scheduling Order by Town of Oyster Bay. (McGuckin, Janice) |
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Filing 49
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Joint pretrial order due by January 17, 2008; Pretrial Conference will be held on January 24, 2008 at 11 a.m. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/8/07. (Tomlinson, A.)
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Filing 48
Minute Order. Telephone Status Conference held on 8/8/2007; Proceedings held before Judge A. Kathleen Tomlinson granting #47 Motion for Extension of Time to File. SCHEDULING: The Pre-Trial Conference will be held on January 24, 2008 at 11 a.m. THE FOLLOWING RULINGS WERE MADE: 1. This conference was scheduled to discuss the joint motion for a third adjournment of the discovery schedule in this case. See DE 47. The motion is granted. SEE ATTACHED ORDER. 2. A Second Amended Scheduling Order will be entered separately. Ordered by Judge A. Kathleen Tomlinson on 8/8/07. (Tomlinson, A.)
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ELECTRONIC ORDER deferring ruling on #47 Motion for Extension of Time to File. A telephone status conference will be held on August 8, 2007 at 11 a.m. to discuss the issues raised in the parties' letter motion concerning their request for an adjournment. Plaintiff's counsel is directed to initiate the call to chambers. Ordered by Judge A. Kathleen Tomlinson on 7/31/07. (Cass, Luke)
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| Filing 47 Joint MOTION for Extension of Time to File Joint Pretrial Order and Adjournment of Pretrial Conference by The United States Of America, The United States Navy. (Kambic, Robert) |
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ORDER re: #43 Motion for Extension of Time to Complete Discovery. Ordered by JudgeA. Kathleen Tomlinson at the 3/26/2007 conference. (McMorrow, Karen)
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Filing 46
AMENDED SCHEDULING ORDER: All factual discovery to be completed by: April 6, 2007; Plaintiff to serve its expert reports: March 30, 2007; Defendants to depose Plaintiff's expert by: April 30, 2007; Defendants to serve their expert reports: May 30, 2007; Plaintiff to depose Defendants' expert by: June 29, 2007; Dispositive motion process started by: July 30, 2007; Joint pretrial order due by: August 30, 2007; Pretrial Conference: September 7, 2007. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/8/07. (Cass, Luke)
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Filing 45
Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 3/8/2007. SCHEDULING: A pretrial conference will be held on September 7, 2007 at 10 a.m. THE FOLLOWING RULINGS WERE MADE: 1. After hearing argument from all sides, I am GRANTING Plaintiff's motion to extend discovery, in part. The deadline for fact discovery will be extended to April 6, 2007 and is limited to the following issues: (1) the January 15, 2007, clean-up operations conducted by the Town which uncovered the charred wood and steel drums, and (2) the deposition of Steven Scharf or another Rule 30(b)(6) witness of the DEC. 2. A Second Amended Case Management and Scheduling Order will be entered separately. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 3/8/07. (Tomlinson, A.)
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| NOTICE. The telephone status conference scheduled to discuss the issues raised in Plaintiff's letter motion DE #43 and Defendant's opposition DE #44 is rescheduled to March 8, 2007 at 5:30 p.m. Plaintiff's counsel will initiate the call to chambers. Approved by Judge A. Kathleen Tomlinson on 3/6/07. (Cass, Luke) |
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ELECTRONIC ORDER re #43 MOTION for Extension of Time to Complete Discovery filed by Town of Oyster Bay and #44 Response in Opposition to Motion filed by Northrop Grumman Systems Corporation. A telephone status conference will be held on March 6, 2007 at 10:30 a.m. to discuss the issues raised in Plaintiff's letter motion DE #43 and Defendant's opposition DE #44 . Plaintiff's counsel is directed to initiate the call to chambers. Ordered by Judge A. Kathleen Tomlinson on 3/1/07. (Cass, Luke)
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| Filing 44 RESPONSE in Opposition re #43 MOTION for Extension of Time to Complete Discovery filed by Northrop Grumman Systems Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I) (Hogan, Thomas) |
| Filing 43 MOTION for Extension of Time to Complete Discovery by Town of Oyster Bay. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Text of Proposed Order proposed revised scheduling order) (McGuckin, Janice) |
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Motions terminated: #35 Letter MOTION to Compel filed by Northrop Grumman Systems Corporation. (pursuant to c/e 10/13/06) Ordered by Judge A. Kathleen Tomlinson on 10/13/06. (Montero, Edher)
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Filing 42
AMENDED SCHEDULING ORDER: All fact discovery to be completed by: February 28, 2007; Plaintiff to serve its expert reports: March 30, 2007;Defendants to depose Plaintiff's expert by: April 30, 2007; Defendants to serve their expert reports: May 30, 2007; Plaintiff to depose Defendants' expert by: June 29, 2007; Dispositive motion process started by: July 30, 2007; Joint pretrial order due by: August 30, 2007; Pretrial Conference: September 7, 2007. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 10/13/06. (Cass, Luke)
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Filing 41
ORDER granting #38 Motion for Extension of Time to Complete Discovery. The basis for the extension is, inter alia, the Assistant United States Attorney's participation in a 2-3 week jury trial before District Judge Spatt under docket number CV 03-6382 in the matter of Barbara D. Dolise v. John E. Potter, Postmaster General, United States Postal Service. Based on the foregoing, there appears to be sufficient cause for the requested 45-day extension. Therefore, the motion is GRANTED. An Amended Case Management and Scheduling Order will be entered separately. If for any reason the above-entitled trial is adjourned or the matter is settled, Assistant United States Attorney Kambic is directed to immediately inform the Court by letter on notice to Plaintiff's counsel. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 10/13/06. (Cass, Luke)
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| Filing 40 NOTICE of Appearance by Thomas E. Hogan on behalf of Northrop Grumman Systems Corporation, Northrop Grumman Systems Corporation (Hogan, Thomas) |
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ENDORSED ORDER re: #39 Stipulation filed by Town of Oyster Bay. The Stipulation and Order of Confidentiality is hereby "so-ordered." Ordered by Judge A. Kathleen Tomlinson on 10/10/06. (Cass, Luke)
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Filing 39
STIPULATION and order of confidentiality by Town of Oyster Bay. (McGuckin, Janice)
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| Filing 38 Letter MOTION for Extension of Time to Complete Discovery and Modification of Amended Scheduling Order by The United States Of America, The United States Navy. (Kambic, Robert) |
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NOTICE. At the request of the parties, the oral argument scheduled for September 25, 2006 is rescheduled to September 27, 2006 at 1:30 p.m. Ordered by Judge A. Kathleen Tomlinson on 9/18/06. (Cass, Luke)
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ELECTRONIC ORDER granting #37 Motion to Expedite. Based on the representations made in Defendant's letter, oral argument will be rescheduled from October 2, 2006 to September 25, 2006, at 2:30 p.m. Ordered by JudgeA. Kathleen Tomlinson on 9/14/06. (Cass, Luke)
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| Filing 37 Letter MOTION to Expedite oral argument on motion to compel by Northrop Grumman Systems Corporation, Northrop Grumman Systems Corporation. (Topol, Allan) |
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ELECTRONIC ORDER Setting Hearing on #35 Letter MOTION to Compel. Oral argument on Defendant's motion to compel will be heard on October 2, 2006 at 11:00 AM in Courtroom 910 before Magistrate-Judge A. Kathleen Tomlinson. Ordered by Judge A. Kathleen Tomlinson on 9/12/06. (Cass, Luke)
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| Filing 36 RESPONSE in Opposition re #35 Letter MOTION to Compel filed by Town of Oyster Bay, Town of Oyster Bay. (Attachments: #1 Exhibit 1)(McGuckin, Janice) |
| Filing 35 Letter MOTION to Compel by Northrop Grumman Systems Corporation, Northrop Grumman Systems Corporation. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit)(Topol, Allan) |
| Filing 34 NOTICE by Town of Oyster Bay, Town of Oyster Bay re #31 Answer to Amended Complaint, Counterclaim Plaintiff's Reply to Counterclaims (Attachments: #1 Cover Letter)(Kenigsberg, Jay) |
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ELECTRONIC ORDER re #33 Letter, filed by Town of Oyster Bay. Based on the representations by the parties that discovery is proceeding according to the deadlines set forth in the Case Management and Scheduling Order and that an extension will not be necessary, the parties' motion to cancel the status conference scheduled for June 29, 2006 is GRANTED. The parties are directed to immediately notify the Court of any disputes concerning discovery. Ordered by Judge A. Kathleen Tomlinson on 6/26/06. (Cass, Luke)
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| Filing 33 Letter to Hon. A. Kathleen Tomlinson on behalf of the parties advising that discovery is proceeding on schedule and there are no pending disputes requiring the Court's intervention. Accordingly, the status conference currently scheduled for June 29, 2006 may be cancelled. by Town of Oyster Bay. (Kenigsberg, Jay) |
| Filing 32 Federal Defendants' ANSWER to Amended Complaint (Second Amended) by The United States Of America, The United States Navy.(Kambic, Robert) |
| Filing 31 ANSWER to Amended Complaint, COUNTERCLAIM against Town of Oyster Bay by Northrop Grumman Corporation. (Attachments: #1 Exhibit Attachment A)(Topol, Allan) |
| Filing 30 Corporate Disclosure Statement by Northrop Grumman Corporation. (Topol, Allan) |
| Filing 29 AMENDED COMPLAINT Second Amended Complaint and correspondence to the Clerk of the Court against The United States Of America, Northrop Grumman Corporation, The United States Navy, filed by Town of Oyster Bay.(Kenigsberg, Jay) |
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Filing 28
MEMORANDUM & ORDER granting in part and denying in part #20 Motion to Dismiss as follows: Grumman's motion to dismiss the Town's Section 107(a) claim is DENIED; Grumman's motion to dismiss the Town's second claim under Ssection 113(f)(1) is granted, in part; Grumman's motion to dismiss the Town's second claim under Section 113(f)(3)(B) is DENIED; The Court need not, and does not address Grumman's motion to dismiss the Town's third claim for declaratory relief or Grumman's motion to dismiss the Town's State law claims.. Ordered by JudgeThomas C. Platt on 5/2/06. (Barhome, Sydelle)
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ORDER denying #27 Motion for Extension of Time to File. Although the application fails to meet the "extraordinary circumstances" standard, the parties are free to consent regarding production dates with the understanding that the remaining scheduling dates shall remain in effect. Ordered by JudgeA. Kathleen Tomlinson on 4/14/06. (Cass, Luke)
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| Filing 27 Letter MOTION for Extension of Time to File --- Joint Request by Parties for Extension of Time to Serve (not file) Responses and Objections to Respective Discovery Requests by The United States Of America, The United States Navy. (Kambic, Robert) |
| Mag. Judge A. Kathleen Tomlinson added. Mag. Judge James Orenstein no longer assigned to case. (Capobianco, Jean) |
| Filing 26 Minute Entry and Order for proceedings held before A. Kathleen Tomlinson : Status Conference held on 3/8/2006. The parties have jointly requested an Amended Scheduling Order based on information presented at the status conference. As discussed at the conference, the Court has agreed to amend the scheduling order (SEE ATTACHED ORDER). However, the parties were advised that no further extensions will be granted absent extaordinary circumstances and that the pendency of the motion to dismiss will not be considered sufficient grounds to warrant further extensions. The next status conference is scheduled for June 29, 2006. Ordered A. Kathleen Tomlinson. (Jacobwitz, Beth) Additional attachment(s) added on 3/23/2006 (Montero, Edher). |
| Filing 25 Minute Entry for proceedings held before Thomas C. Platt : Motion Argument held on 1/27/2006 re #20 MOTION to Dismiss Amended Complaint of Town of Oyster Bay filed by Northrop Grumman Corporation,. DECISION RESERVED.(Court Reporter Owen Wicker.) (O'Hara, Karen) |
| Filing 24 Letter from Robert B. Kambic, AUSA, to Honorable Thomas C. Platt Regarding rescheduling of oral argument on defendant's motion to dismiss to Friday, January 27, 2006 at 11:00 a.m. in Courtroom 1040. (Kambic, Robert) |
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Filing 23
SCHEDULING ORDER: Deadline for completion of initial disclosures required by Rule 26(a): November 24, 2005. First request for production of documents and first request for interrogatories due by: January 16, 2006. Deadline for joinder of additional parties and amendment of pleadings:March 15, 2006. A status conference is scheduled for March 8, 2006, at 10:30 a.m. All fact discovery to be completed by: September 15, 2006. A status conference is scheduled for September 18, 2006, at 9:30 a.m. Plaintiff to serve its expert(s) reports: November 15, 2006. Defendants to depose plaintiff's expert(s): December 15, 2006. Defendants to serve their expert(s) reports: January 15, 2007. Plaintiff to depose defendant's expert(s): February 15, 2007. Dispositive motion process started by: March 15, 2007. Joint pretrial order due by: April 1, 2007. A pretrial conference is scheduled for April 2, 2007, at 9:30 a.m. (SEE ATTACHED DOCUMENT).Approved by Judge James Orenstein on 11/17/05. (Sunshine, Jason)
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| Filing 22 REPLY to Response to Motion re #20 MOTION to Dismiss Amended Complaint of Town of Oyster Bay filed by Northrop Grumman Corporation. (Topol, Allan) |
| Filing 21 RESPONSE to Motion re #20 MOTION to Dismiss Amended Complaint of Town of Oyster Bay filed by Northrop Grumman Corporation. (Attachments: #1 Declaration of Jay D. Kenigsberg, with Exhibit)(Topol, Allan) |
| Filing 20 MOTION to Dismiss Amended Complaint of Town of Oyster Bay by Northrop Grumman Corporation. (Attachments: #1 Memorandum of Law in Support of Northrop Grumman Corporation's Motion to Dismiss the Amended Complaint of the Town of Oyster Bay as to Northrop Grumman Corporation#2 Declaration of Allan J. Topol, with Exhibits#3 Disclosure Statement of Northrop Grumman Corporation)(Topol, Allan) |
| Filing 19 Proposed Scheduling Order Letter to Honorable James Orenstein from Jay D. Kenigsberg enclosing a proposed joint Scheduling Order by Town of Oyster Bay. (Attachments: #1 PROPOSED JOINT SCHEDULING ORDER)(Kenigsberg, Jay) |
| Email Notification Test - DO NOT REPLY (McMahon, Carol) |
| Filing 18 Minute Entry for proceedings held before James Orenstein : Initial Conference Hearing held on 11/2/2005. The defendants' application to stay all discovery pending determination of Grumman's motion for dismissal is denied. As discussed at the conference, the parties' counsel will meet and confer and submit by November 9, 2005, a joint discovery plan (or a plan that outlines specific areas of dispute). To the extent the parties agree (or any party individually contends) that the pendency of the dismissal motion warrants a stay as to discrete items of discovery, I will consider appropriate relief. I will schedule further proceedings as appropriate after receiving the parties' submission. (Orenstein, James) |
| Filing 17 Letter from Jay D. Kenigsberg to Hon. James Orenstein Regarding response to defendant Northrup-Grumman Corporation's letter motion requesting a stay of all discovery pending a resolution of its Motion to Dismiss the Town's Amended Complaint.. (Kenigsberg, Jay) |
| Filing 16 Letter from Robert B. Kambic, AUSA, to Honorable James Orenstein Regarding Federal Defendants' response in support of defendant Northrop Grumman Corporation's letter motion to stay discovery (Docket No. 15). (Kambic, Robert) |
| Filing 15 Letter from Allan J. Topol to Magistrate Judge James Orenstein Regarding Letter Motion Seeking Stay of Discovery. (Attachments: #1 Exhibit #2 Exhibit)(Topol, Allan) |
| Filing 14 Letter from Allan J. Topol, Esq. to Honorable Thomas C. Platt Regarding request for scheduling of oral argument on defendant Northrop Grumman Corporation's motion to dismiss the amended complaint. (Topol, Allan) |
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Filing 13
ORDER -- An initial conference is scheduled for November 2, 2005 at 10:00 a.m. (SEE ATTACHED ORDER). Signed by Judge James Orenstein on 9/27/05. (Sunshine, Jason)
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| Filing 12 Federal Defendants' ANSWER to Amended Complaint by The United States Of America, The United States Navy.(Kambic, Robert) |
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ORDER re #11 Letter - Defendant is granted an extention to September 26, 2005 to respond to plaintiff's amended complaint.Approved by Judge James Orenstein on 9/2/05.(Sunshine, Jason)
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| Filing 11 Letter from Robert B. Kambic, AUSA, to Honorable Thomas C. Platt Regarding request by United States for an extension of time, with consent of plaintiff, to answer, move or otherwise respond to plaintiff's amended complaint to September 26, 2005. (Kambic, Robert) |
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ENDORSED ORDER on #10 Letter --- The federal defendants are granted until September 9, 2005 to answer or otherwise respond to the amended complaint. This is without prejudice to seeking the remaining time requested after plaintiff's counsel ascertains his client's position. Signed by Judge James Orenstein on August 25, 2005. (Rivner, Asher)
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| Filing 10 Letter from Robert B. Kambic, AUSA to Honorable Thomas C. Platt Regarding request by United States for an extension of time to answer, move or otherwise respond to plaintiff's amended complaint to September 26, 2005. (Kambic, Robert) |
| Filing 9 AFFIDAVIT of Service for Amended Complaint - service by mail Amended Complaint served on Allan J. Topol, Esq., Michael C. Nicholson, Esq., Office of Judge Advocate General/Washington Navy Yard, Mr. Alberto Gonzales/Attorney General of the U.S., Stephen L. Johnson/Environmental Protection Agency on June 15, 2005, filed by Town of Oyster Bay. (Attachments: #1 Affidavit of Service by Mail of Amended Complaint. Service by mail to Hon. Gordon R. England, Secretary of Navy, Washington, D.C.)(Kenigsberg, Jay) |
| Filing 8 SUMMONS Returned Executed by Town of Oyster Bay. The United States Of America served on 6/14/2005, answer due 8/15/2005; The United States Navy served on 6/14/2005, answer due 8/15/2005. (Kenigsberg, Jay) |
| Filing 7 NOTICE of Appearance by Allan J. Topol on behalf of Northrop Grumman Corporation (Topol, Allan) |
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ORDER re #6 Letter -- The application is granted. The federal defendants' time to answer, move or otherwise respond to plaintiff's amended complaint is extended to August 26, 2005. Plaintiff's counsel is directed to serve this order on all parties upon receipt. Approved by Judge James Orenstein on 6/29/05. (Branciforte, Ralph)
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| Filing 6 Letter from Robert B. Kambic, AUSA, to Honorable Thomas C. Platt Regarding a request for an extension of time to answer, move or otherwise respond to plaintiff's amended complaint to August 26, 2005. (Kambic, Robert) |
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ENDORSED ORDER on #5 Stipulation --- Stipulation SO ORDERED. Signed by Judge James Orenstein on June 23, 2005. (Rivner, Asher)
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| Filing 5 STIPULATION Extending Time For Northrop Grumman Corporation To Respond By Answer Or Motion To The Amended Complaint Of Town Of Oyster Bay from July 5, 2005 to and including July 25, 2005 by Northrop Grumman Corporation. (Nicholson, Michael) |
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ORDER granting #4 Motion -- Attorney Allan J. Topol is permitted to argue or try this case in whole or in part as counsel or advocate for defendant NORTHROP GRUMMAN CORPORATION. By June 30, 2005, Mr. Topol shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Topol shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. In addition, by June 30, 2005, Mr. Topol shall pay the $25 admission fee. Approved by Judge James Orenstein on 6/20/05. CM to Mr. Nicholson. (Branciforte, Ralph)
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| Filing 4 MOTION for Limited Admission of Allan J. Topol by Northrop Grumman Corporation. (Attachments: #1 Declaration of Michael C. Nicholson#2 Proposed Order#3 Declaration of Allan J. Topol#4 Certificate of Good Standing of Allan J. Topol#5 Certificate of Service)(Nicholson, Michael) |
| Filing 3 AMENDED COMPLAINT against The United States Of America, Northrop Grumman Corporation, The United States Navy, filed by Town of Oyster Bay.(Kenigsberg, Jay) |
| Filing 2 SUMMONS Returned Executed by Town of Oyster Bay. Northrop Grumman Corporation served on 4/29/2005, answer due 5/19/2005; The United States Navy served on 5/23/2005, answer due 6/13/2005. (Kenigsberg, Jay) |
| Case Ineligible for Arbitration(Bollbach, Jean) |
| Filing 1 COMPLAINT against Northrop Grumman Corporation, The United States Navy $ 250, filed by Town of Oyster Bay. (Attachments: #1 Civil Cover Sheet)(Duong, Susan) |
| Summons Issued as to Northrop Grumman Corporation, The United States Navy. (Duong, Susan) |
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