All Star Carts and Vehicles, Inc. et al v. BFI Canada Income Fund et al
Plaintiff: All Star Carts and Vehicles, Inc., H.B. Millwork, Inc. and Kussmaul Electronics Company, Inc.
Defendant: BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc., Waste Management of New York, LLC, Allied Waste of Long Island, Inc. and Island Waste Services, Ltd.
Interested Party: Jet Sanitation Service Corp, Jamaica Ash & Rubbish Removal Co. Inc., Westbury Paper Stock Corp., V. Garofalo Carting, Inc. and Daniel Finley Allen & Co, Inc.
Not Classified By Court: Liberty Ashes Inc.
Case Number: 2:2008cv01816
Filed: May 5, 2008
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
County: Suffolk
Presiding Judge: A Kathleen Tomlinson
Referring Judge: Leonard D Wexler
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 15 Antitrust Litigation
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on December 19, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2013 Opinion or Order Filing 320 MANDATE of USCA as to #304 Notice of Cross Appeal filed by BFI Canada Income Fund, IESI NY, Corp., Winters Bros. Recycling Corp., and Winters Bros. Waste Systems, Inc. and as to #301 Notice of Appeal filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., and Kussmaul Electronics Company, Inc. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". USCA # 12-3727 and 12-3842. (Russo, Eric)
July 24, 2013 Opinion or Order Filing 319 JUDGMENT in favor of All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. against BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. JUDGMENT IT IS HEREBY ORDERED AND ADJUDGED, that this Court has jurisdiction over the subject matter of this litigation, and over all parties to this litigation, including all members of the class. FURTHER, this Judgment and all provisions thereof, and the Settlement Agreement, shall bind each Class Member. FURTHER, that without affecting the finality of this judgment in any way, this Court hereby retains jurisdiction over consummation and performance of the Settlement Agreement. FURTHER, that the Clerk of the Court is directed to close this case bearing Docket No.: 08-CV-1816. Ordered by Judge Leonard D. Wexler on 7/24/2013. Ordered by Judge Leonard D. Wexler on 7/24/2013. (Padilla, Kristin)
July 24, 2013 Opinion or Order ORDER granting #314 Motion for Settlement. Please see Judgment for additional details. Ordered by Judge Leonard D. Wexler on 7/24/2013. (Padilla, Kristin)
July 24, 2013 Opinion or Order Filing 318 Minute Entry for proceedings held before Judge Leonard D. Wexler: Counsel for the Plaintiffs James F. Murphy and Michael Robert Reese present. Counsel for the Defendants Danilo J. Buzzetta, John Joseph Elliot and Scott Allan Martin present. Fairness Hearing held on 7/24/2013 at 9:40 AM. Settlement approved by the Court. (Court Reporter Perry Auerbach.) (Russo, Eric)
July 19, 2013 Opinion or Order Filing 317 AFFIDAVIT/DECLARATION in Support re #314 Notice of MOTION for Settlement Approval of Class Action Settlement, Award of Attorneys Fees and Service Awards of James F. Murphy filed by All Plaintiffs. (Attachments: #1 Exhibit A Settlement Agreement, #2 Exhibit B Notice of Proposed Class Action Settlement, #3 Exhibit C Proposed Final Order) (Murphy, James)
July 19, 2013 Opinion or Order Filing 316 AFFIDAVIT/DECLARATION in Support re #314 Notice of MOTION for Settlement Approval of Class Action Settlement, Award of Attorneys Fees and Service Awards of Andrew Beckord filed by All Plaintiffs. (Attachments: #1 Exhibit A Notice of Proposed Class Action Settlement, #2 Exhibit B Exclusion Requests (Opt-outs), #3 Exhibit C Late Exclusion Requests) (Murphy, James)
July 19, 2013 Opinion or Order Filing 315 MEMORANDUM in Support re #314 Notice of MOTION for Settlement Approval of Class Action Settlement, Award of Attorneys Fees and Service Awards filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
July 19, 2013 Opinion or Order Filing 314 Notice of MOTION for Settlement Approval of Class Action Settlement, Award of Attorneys Fees and Service Awards by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
May 13, 2013 Opinion or Order Filing 313 ORDER granting #309 Motion to Set Aside Judgment. Please refer to document for full text.. Ordered by Judge Leonard D. Wexler on 5/13/2013. (Bollbach, Jean)
April 29, 2013 Opinion or Order Filing 312 NOTICE by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. re #309 Notice of MOTION to Set Aside Judgment Unopposed by Defendants, (i) Granting Relief from the Judgment Previously Entered Which Closed this Case; (ii) Granting Relief from the Judgment Pursuant to Fed. R. Civ. P. 60(b)(6) for that Purpose; (iii) Gran ting Preliminary Approval of the Class Settlement of the Matter; and (iv) Granting Approval of the Plaintiffs' Proposed Class Notice and Approving the Procedure for the Implemenation of the Class Settlement, (Notice of Proposed Order Re: #309 ), (Attachments: #1 Exhibit A, Class Action Settlement Agreement, #2 Exhibit B, Proposed Class Notice) (Murphy, James)
April 29, 2013 Opinion or Order Filing 311 AFFIDAVIT/DECLARATION in Support re #309 Notice of MOTION to Set Aside Judgment Unopposed by Defendants, (i) Granting Relief from the Judgment Previously Entered Which Closed this Case; (ii) Granting Relief from the Judgment Pursuant to Fed. R. Civ. P. 60(b)(6) for that Purpose; (iii) Gran ting Preliminary Approval of the Class Settlement of the Matter; and (iv) Granting Approval of the Plaintiffs' Proposed Class Notice and Approving the Procedure for the Implementation of the Class Settlement, filed by All Plaintiffs. (Attachments: #1 Exhibit A, Class Action Settlement Agreement, #2 Exhibit B, March 29, 2013 Order, #3 Exhibit C, April 12, 2013 Order, #4 Exhibit D, Proposed Class Notice) (Murphy, James)
April 29, 2013 Opinion or Order Filing 310 MEMORANDUM in Support re #309 Notice of MOTION to Set Aside Judgment Unopposed by Defendants, (i) Granting Relief from the Judgment Previously Entered Which Closed this Case; (ii) Granting Relief from the Judgment Pursuant to Fed. R. Civ. P. 60(b)(6) for that Purpose; (iii) Gran ting Preliminary Approval of the Class Settlement of the Matter; and (iv) Granting Approval of the Plaintiffs' Proposed Class Notice and Approving the Procedure for the Implementation of the Class Settlement, filed by All Plaintiffs. (Murphy, James)
April 29, 2013 Opinion or Order Filing 309 Notice of MOTION to Set Aside Judgment Unopposed by Defendants, (i) Granting Relief from the Judgment Previously Entered Which Closed this Case; (ii) Granting Relief from the Judgment Pursuant to Fed. R. Civ. P. 60(b)(6) for that Purpose; (iii) Granting Preliminary Approval of the Class Settlement of the Matter; and (iv) Granting Approval of the Plaintiffs' Proposed Class Notice and Approving the Procedure for the Implementation of the Class Settlement, by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
March 29, 2013 Opinion or Order Case Reopened. (See #308 Order.) (Fagan, Linda)
March 29, 2013 Opinion or Order Filing 308 ORDER granting #306 Motion for Settlement. For the reasons set forth herein, will grant the proposed motion seeking relief only from that portion of the Judgment previously entered herein which closed this case, (ii) will grant relief from the Judgment pursuant to Fed. R. Civ. P. 60(b)(6) for that purpose, and (iii) will grant preliminary approval of the settlement of this matter pursuant to Rule 23 if the Second Circuit Court of Appeals remands the case for that purpose. (Ordered by Judge Leonard D. Wexler on 3/29/2013.) (Fagan, Linda)
March 27, 2013 Opinion or Order Motions terminated, docketed incorrectly: #307 MOTION for Settlement (Proposed Order Granting Plaintiffs' Unopposed Motion for an Indicative Ruling Pursuant to Fed. R. Civ. P. 62.1(a)(3)) filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc. (The document should have been filed as a "NOTICE" of Proposed Order.) (Fagan, Linda)
March 27, 2013 Opinion or Order Filing 307 NOTICE of (Proposed Order Granting Plaintiffs' Unopposed Motion for an Indicative Ruling Pursuant to Fed. R. Civ. P. 62.1(a)(3)) by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James) Modified on 4/1/2013 (Fagan, Linda).
March 19, 2013 Opinion or Order Filing 306 Letter MOTION for Settlement (Unopposed Motion for an Indicative Ruling Pursuant to Federal Rule 62.1(a)(3) indicating that the Court, (i) would grant the proposed motion seeking relief only from that portion of the Judgment previously entered herein which closed this case, (ii) would grant relief from the Judgment pursuant to Fed. R. Civ. P. 60(b)(6) for that purpose, and (iii) would grant preliminary approval of the settlement of this matter pursuant to Rule 23 if the Second Circuit Court of Appeals were to remand the case). by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit Proposed Settlemet Agreement, #2 Exhibit Proposed Memorandum of Law in Support of Motion for Preliminary Approval of Settlement) (Murphy, James)
February 26, 2013 Opinion or Order ORDER re #305 Letter,, filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc. Upon review of counsels' jointly submitted correspondence, the court holds that a pre-motion conference shall not be necessary and will allow the parties to proceed with the motion as set forth therein. So Ordered by Judge Leonard D. Wexler on 2/26/2013. (Shields, Anne)
February 22, 2013 Opinion or Order Filing 305 Letter Filed with Defendants' Consent to Request Pre-Motion Conference or Waiver of Same Relating to Proposed Joint Motion to Request that the Court Grant Relief from the Judgment for the Limited Purpose of Reopening the Case to Approve the Proposed Settlement Agreement were the Case to be Remanded for that Purpose by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Attachments: #1 Exhibit Proposed Settlement Agreement) (Murphy, James)
September 25, 2012 Opinion or Order Incorrect Document/Entry Information. The #303 Notice of Cross Appeal has been deleted because it improperly linked the appeal to docs. 299 and 300. The Notice of Cross Appeal was refiled as doc. 304. (Mahon, Cinthia)
September 24, 2012 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #304 Notice of Cross Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) Modified on 9/25/2012 to link to the 304 appeal instead of the 303 appeal. (Mahon, Cinthia).
September 21, 2012 Opinion or Order Filing 304 NOTICE OF CROSS APPEAL Order on Motion to Certify Class #225 by BFI Canada Income Fund, IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. Filing fee $ 455, receipt number 0207-5741052. (Buzzetta, Danilo) Modified on 9/25/2012 (Romano, Daniel).
September 17, 2012 Opinion or Order Filing 302 Letter (Receipt for Notice of Appeal/Docketing Fee paid on 9/14/2012) by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
September 17, 2012 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. #301 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel)
September 14, 2012 Opinion or Order APPEAL FILING FEE DUE re #301 Notice of Appeal, Please either come to the clerks office or mail the filing fee in the amount of $455.00. (Romano, Daniel)
September 14, 2012 Opinion or Order Filing 301 NOTICE OF APPEAL as to #300 Clerk's Judgment, #232 Order on Motion for Sanctions,, Order on Motion for Extension of Time to Complete Discovery, Motion Hearing,,,,,,,, #299 Order on Motion to Compel, Order on Motion for Summary Judgment,, by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
August 17, 2012 Opinion or Order Filing 300 CLERK'S JUDGMENT; That plaintiffs take nothing of defendants; thatdefendants' motion for summary judgment is granted; and that this case is hereby closed. Signed by: Catherine Vukovich, Deputy Clerk, on August 17, 2012. ) c/m c/ecf (Fagan, Linda)
August 13, 2012 Opinion or Order Filing 299 MEMORANDUM AND ORDER granting #261 Motion for Summary Judgment; terminating #291 Motion to Compel. For the reasons set forth herein, Defendants' motion for summary judgment is granted. The Clerk of the Court is directed to terminate the motion for summary judgment as well as any other pending motions and to close the file in this matter. ( Ordered by Judge Leonard D. Wexler on 8/13/2012.) c/Judgment Clerk. (Fagan, Linda)
July 31, 2012 Opinion or Order Filing 298 MEMORANDUM AND ORDER granting #289 Motion to Compel. For the reasons set forth herein, the court grants Plaintiffs' motion to authorize service of class notice, to the extent set forth herein. The Clerk of the Court is directed to terminate the motion appearing as docket entry number #289 . ( Ordered by Judge Leonard D. Wexler on 7/31/2012.) (Fagan, Linda)
July 24, 2012 Opinion or Order Filing 297 NOTICE of Appearance by David W. Fink on behalf of All Plaintiffs (aty to be noticed) (Fink, David)
July 24, 2012 Opinion or Order Filing 296 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Interim Pretrial Conference held on 6/22/2012. Counsel have been directed to file their proposed Amended Joint Pre-Trial Order on ECF by September 10, 2012. SEE ATTACHED ORDER for additional information. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/22/2012 (Spatola, Richard)
July 13, 2012 Opinion or Order Appeal Record Returned: consisting one sealed document, no. 125 on the docket. Apppeal Case number 12-610. (Romano, Daniel)
July 11, 2012 Opinion or Order Filing 295 REPLY in Support re #291 Letter MOTION to Compel Exclude Nine of Plaintiffs' Witnesses filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A) (Buzzetta, Danilo)
July 10, 2012 Opinion or Order Filing 294 RESPONSE in Opposition re #291 Letter MOTION to Compel Exclude Nine of Plaintiffs' Witnesses filed by All Plaintiffs. (Murphy, James)
July 9, 2012 Opinion or Order Filing 293 REPLY to Response to Motion re #289 Letter MOTION to Compel Service of Class Notice Pursuant to Fed. R. Civ. P. 23(c)(2)(B) filed by All Plaintiffs. (Reese, Michael)
July 3, 2012 Opinion or Order Filing 292 First MOTION for Extension of Time to File Response/Reply to Defendants' motion to preclude certain of plaintiffs' witnesses from testifying at trial (Dkt. 291) by All Star Carts and Vehicles, Inc., Allied Waste Industries, Inc., Allied Waste of Long Island, Inc., BFI Canada Income Fund, Daniel Finley Allen & Co, Inc., H.B. Millwork, Inc., IESI NY, Corp., IESI, Corp., Island Waste Services, Ltd., Jamaica Ash & Rubbish Removal Co. Inc., Jet Sanitation Service Corp, Kussmaul Electronics Company, Inc., Liberty Ashes Inc., V. Garofalo Carting, Inc., Waste Management of New York, LLC, Waste Management, Inc., Westbury Paper Stock Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Reese, Michael)
July 3, 2012 Opinion or Order ORDER granting #292 Motion for Extension of Time to File Response. Plaintiffs' opposition shall be filed no later than July 10, 2012. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/3/2012. (Spatola, Richard)
July 2, 2012 Opinion or Order Filing 291 Letter MOTION to Compel Exclude Nine of Plaintiffs' Witnesses by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (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) (Buzzetta, Danilo)
June 29, 2012 Opinion or Order Filing 290 RESPONSE in Opposition re #289 Letter MOTION to Compel Service of Class Notice Pursuant to Fed. R. Civ. P. 23(c)(2)(B) filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1: Transcript, #2 Exhibit 2: Revised Class Notice) (Elliott, John)
June 27, 2012 Opinion or Order Filing 289 Letter MOTION to Compel Service of Class Notice Pursuant to Fed. R. Civ. P. 23(c)(2)(B) by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit Proposed Class Notice) (Murphy, James)
June 26, 2012 Opinion or Order Filing 288 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/22/2012, before Magistrate Judge A. Kathleen Tomlinson. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/2012. Redacted Transcript Deadline set for 7/27/2012. Release of Transcript Restriction set for 9/24/2012. (Russo, Eric)
June 26, 2012 Opinion or Order ORDER re #283 Letter filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc. A premotion conference shall not be necessary. Counsel may go forward with the requested motion. So Ordered by Judge Leonard D. Wexler on 6/26/2012. (Shields, Anne)
June 21, 2012 Opinion or Order Filing 283 Letter Requesting Pre-Motion Conference by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Attachments: #1 Exhibit Proposed Class Notice) (Murphy, James) Modified on 6/26/2012 (Fagan, Linda).
June 20, 2012 Opinion or Order Filing 274 AFFIDAVIT/DECLARATION in Support re #261 MOTION for Summary Judgment Reply Declaration of Daniel J. Buzzetta filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1 UNDER SEAL, #2 Exhibit 2 UNDER SEAL, #3 Exhibit 3 UNDER SEAL, #4 Exhibit 4 UNDER SEAL, #5 Exhibit 5 UNDER SEAL, #6 Exhibit 6 UNDER SEAL, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Martin, Scott)
June 20, 2012 Opinion or Order Filing 273 RULE 56.1 STATEMENT re #261 MOTION for Summary Judgment Resolution of Defendants' Rule 56.1 Statement REDACTED filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 272 REPLY in Support re #261 MOTION for Summary Judgment REDACTED filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 271 AFFIDAVIT/DECLARATION in Opposition re #261 MOTION for Summary Judgment of Michael R. Reese filed by All Plaintiffs. (Attachments: #1 Exhibit A-D - SEALED, #2 Exhibit E, #3 Exhibit F AND G - SEALED, #4 Exhibit H, #5 Exhibit I AND J - SEALED, #6 Exhibit K, #7 Exhibit L - SEALED, #8 Exhibit M, #9 Exhibit N - SEALED, #10 Exhibit O, #11 Exhibit P-Z - SEALED, #12 Exhibit AA, #13 Exhibit BB) (Martin, Scott)
June 20, 2012 Opinion or Order Filing 270 RULE 56.1 STATEMENT re #261 MOTION for Summary Judgment - Plaintiffs' Amended Responses to Defendants' Rule 56.1 Statement - REDACTED filed by All Plaintiffs. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 269 RULE 56.1 STATEMENT re #261 MOTION for Summary Judgment - Plaintiffs' Responses To Defendants' Rule 56.1 Statement - REDACTED filed by All Plaintiffs. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 268 MEMORANDUM in Opposition re #261 MOTION for Summary Judgment - REDACTED filed by All Plaintiffs. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 267 AFFIDAVIT/DECLARATION in Support re #261 MOTION for Summary Judgment 17 Declarations FILED UNDER SEAL filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 266 AFFIDAVIT/DECLARATION in Support re #261 MOTION for Summary Judgment of Thomas L. Brown filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Martin, Scott)
June 20, 2012 Opinion or Order Filing 265 AFFIDAVIT/DECLARATION in Support re #261 MOTION for Summary Judgment of Agnes Falcone filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - SEALED, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L - SEALED) (Martin, Scott)
June 20, 2012 Opinion or Order Filing 264 AFFIDAVIT/DECLARATION in Support re #261 MOTION for Summary Judgment of Daniel J. Buzzetta filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - SEALED, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED, #6 Exhibit 6 - SEALED, #7 Exhibit 7, #8 Exhibit 8 - SEALD, #9 Exhibit 9 - SEALED, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 - SEALED, #13 Exhibit 13 - SEALED, #14 Exhibit 14 - SEALED, #15 Exhibit 15 - SEALED, #16 Exhibit 16 - SEALED, #17 Exhibit 17 - SEALED, #18 Exhibit 18, #19 Exhibit 19 - SEALED, #20 Exhibit 20 - SEALED, #21 Exhibit 21 - SEALED) (Martin, Scott)
June 20, 2012 Opinion or Order Filing 263 RULE 56.1 STATEMENT re #261 MOTION for Summary Judgment - REDACTED filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott) (Main Document 263 replaced for statistical purposes - original pdf flagged as corrupt on 7/14/2022) (Jakubowski, Laura).
June 20, 2012 Opinion or Order Filing 262 MEMORANDUM in Support re #261 MOTION for Summary Judgment REDACTED filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott) (Main Document 262 replaced for statistical purposes - original pdf flagged as corrupt on 2/22/2022) (Jakubowski, Laura).
June 20, 2012 Opinion or Order Filing 261 MOTION for Summary Judgment by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Martin, Scott)
June 20, 2012 Opinion or Order Filing 260 NOTICE of Appearance by Scott Allan Martin on behalf of BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (aty to be noticed) (Martin, Scott)
June 14, 2012 Opinion or Order Filing 258 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/14/2012, before Magistrate Judge A. Kathleen Tomlinson. Transcriber Terry Gribben's Transcription Service, Telephone number 732-263-0044. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2012. Redacted Transcript Deadline set for 7/16/2012. Release of Transcript Restriction set for 9/12/2012. (Russo, Eric) (Main Document 258 replaced and entry corrected accordingly on 6/14/2012)
June 8, 2012 Opinion or Order Filing 257 Proposed Pretrial Order by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
June 5, 2012 Opinion or Order ORDER. Counsel apparently requested a transcript of the March 14, 2012 Status Conference and the Clerk's Office is in possession of the transcript. The normal course is that the transcript is posted to ECF. Some question has been raised whether the transcript is to be posted under seal. It is not apparent to the Court that the sealing requirements have been met, that sealing is appropriate or that any party has made an application to have the record sealed. However, I will give counsel one week to notify the Court if a request for sealing is being made and the grounds for such application. If no response is received within a week, the transcript will be posted to ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/5/2012. (Tomlinson, A.)
June 4, 2012 Opinion or Order ORDER denying without prejudice #256 Motion to Strike. Having reviewed Plaintiffs' motion and after consultation with Judge Wexler's Chambers, the instant motion is denied without prejudice. Given the nature of the relief being sought and the pendency of a summary judgment motion, Plaintiffs have the right to address the issues raised in this motion in their opposition to Defendants' motion for summary judgment. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/4/2012. (Spatola, Richard)
May 31, 2012 Opinion or Order Filing 256 MOTION to Strike Untimely Discovery Relied Upon By Defendants in Their Summary Judgment Motions and Portions of Their Summary Judgment Motion by All Star Carts and Vehicles, Inc.. Responses due by 6/5/2012 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Reese, Michael)
May 21, 2012 Opinion or Order STIPULATION AND ORDER re #254 Stipulation. The parties' agreement regarding the filing of the pre-trial order is hereby "So Ordered." The June 1, 2012 Pre-Trial Conference is hereby ADJOURNED to June 22, 2012 at 4:00 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/21/2012. (Spatola, Richard)
May 18, 2012 Opinion or Order Filing 254 STIPULATION Relating to the Filing of the Pre-Trial Order by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
May 16, 2012 Opinion or Order Filing 255 Minute Entry for proceedings held on May 16, 2012 at 11:00 a.m. before Senior Judge Leonard D. Wexler; For Civil Cause for Pre-Trial Conference; Title: All Star Carts and Vehicles, Inc., et al. v. BFI Canada; Appearances: For Pltff.: Belinda L. Williams, Esq., James F. Murphy, Esq.; For Deft.: Daniel J. Buzzeta, Esq. Case called. Counsel present. Conference held. Discovery completed. Case marked ready for trial. Jury selection on 10/15/2012 at 9:00 a.m. (See Order dated 5/16/12 for briefing.) Proceedings concluded. (Fagan, Linda)
May 16, 2012 Opinion or Order ORDER. In accord with rulings made in chambers at a conference held today, Defendants shall serve their motion for summary judgment on Plaintiffs on May 23, 2012. Plaintiffs shall respond to the motion on June 13, 2012. Defendants shall reply on June 20, 2012. Counsel are reminded that no motion papers are to be docketed until the motion is fully briefed and the moving party is responsible for providing this court with a courtesy copy of all motion papers on the date the motion is fully briefed. In the event that the motion does not dispose of this matter, jury selection is hereby scheduled for 9:00 A.M. on October 15, 2012. So Ordered by Senior Judge Leonard D. Wexler on 5/16/2012. (Shields, Anne)
May 3, 2012 Opinion or Order ORDER re #250 Letter filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc., #246 Letter filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. Counsel are directed to appear before this court for a pre-motion conference to be held on Wednesday May 16, 2012 at 10:30 A.M. So Ordered by Senior Judge Leonard D. Wexler on 5/3/2012. (Shields, Anne)
May 1, 2012 Opinion or Order Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/17/2012, before Magistrate Judge A. Kathleen Tomlinson. Transcriber AAA Electronic Sound Reporters, Telephone number 888-866-5135. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/22/2012. Redacted Transcript Deadline set for 6/1/2012. Release of Transcript Restriction set for 7/30/2012. (Russo, Eric)
April 27, 2012 Opinion or Order Filing 252 MEMORANDUM AND ORDER as to Appeal of Magistrate Judge Decision to District Court, filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc.; For the reasons set forth herein, the court concludes that the order appealed from granting the the motion to strike the market share testimony contained in the March 3, 2012 expert report ofDr. Stevens should be affirmed. Accordingly, Plaintiffs objections are hereby overruled, and the Order of Magistrate Judge Tomlinson dated March 14, 2012 (Docket entry 232) is affirmed. ( Ordered by Senior Judge Leonard D. Wexler on 4/27/2012.) (Fagan, Linda)
April 26, 2012 Opinion or Order Filing 250 Letter in Reply to Defendants' Letter Request (Dkt. 246) for Pre-Motion Conference by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
April 23, 2012 Opinion or Order Filing 249 USCA MANDATE denying petitioners' MOTION FOR LEAVE TO appeal the DISTRICT COURT'S DECISION ON THE motion for class certification. THIS IS NOT AN APPEAL FILED IN THE DISTRICT COURT. USCA 12-610 (Romano, Daniel)
April 19, 2012 Opinion or Order Filing 246 Letter requesting pre-motion conference by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
April 17, 2012 Opinion or Order Filing 242 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Motion Hearing held on 4/17/2012; granting in part and denying in part #234 Motion to Compel; denying #238 Motion to Compel. SEE ATTACHED ORDER for a summary of the rulings and directives issued. Ordered by Maigstrate Judge A. Kathleen Tomlinson on 4/17/2012. (Spatola, Richard)
April 11, 2012 Opinion or Order ORDER Setting Hearing on Motion #234 Letter MOTION to Compel Expert Disclosure, #238 MOTION to Compel Defendants to Produce Information Relating to Class Notice : Motion Hearing set for 4/17/2012 at 10:00 AM before Magistrate Judge A. Kathleen Tomlinson. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/11/2012. (Spatola, Richard)
April 6, 2012 Opinion or Order Filing 241 RESPONSE in Opposition re #238 MOTION to Compel Defendants to Produce Information Relating to Class Notice Letter Brief in Opposition filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (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) (Buzzetta, Danilo)
April 6, 2012 Opinion or Order Filing 240 DECLARATION re #235 Notice(Other),,, Of Daniel J. Buzzetta by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B - Filed Under Seal, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - FIled Under Seal, #9 Exhibit I - Filed Under Seal, #10 Exhibit J, #11 Exhibit J-1, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P) (Buzzetta, Danilo)
April 6, 2012 Opinion or Order Filing 239 MEMORANDUM in Opposition re #235 Notice(Other),,, Defendants' Opposition To Plaintiffs' Objections To Magistrate Judge A. Kathleen Tomlinson's 3/14/12 Order filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
April 4, 2012 Opinion or Order ORDER re Order,, #236 Letter filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Waste Management of New York, LLC, Waste Management, Inc. In accord with counsel's correspondence, this court has received the requested courtesy copies of the objection to the ruling of the Magistrate Judge. Upon receipt of the response thereto, this matter will be deemed submitted. So Ordered by Senior Judge Leonard D. Wexler on 4/4/2012. (Shields, Anne)
April 3, 2012 Opinion or Order Filing 238 MOTION to Compel Defendants to Produce Information Relating to Class Notice by All Star Carts and Vehicles, Inc.. (Attachments: #1 Exhibit A) (Reese, Michael)
March 30, 2012 Opinion or Order Filing 237 REPLY in Opposition re #234 Letter MOTION to Compel Expert Disclosure filed by All Plaintiffs. (Murphy, James)
March 30, 2012 Opinion or Order Filing 236 Letter to Ms Anne Shields, Law Clerk to Hon Leonard D. Wexler to confirm certain issues by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Waste Management of New York, LLC, Waste Management, Inc. (Buzzetta, Danilo)
March 30, 2012 Opinion or Order ORDER re Appeal of Magistrate Judge Decision to District Court, filed by H.B. Millwork, Inc., All Star Carts and Vehicles, Inc., Kussmaul Electronics Company, Inc. The party appealing the decision of the Magistrate Judge is directed to electronically file and serve a courtesy copy of a memorandum of law setting forth the grounds for the appeal by April 9, 2012. Any response thereto shall be electronically filed and a courtesy copy thereof served on this court by April 16, 2012. The matter will thereafter be deemed submitted to this court for decision. So Ordered by Senior Judge Leonard D. Wexler on 3/30/2012. (Shields, Anne)
March 28, 2012 Opinion or Order APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. re #232 Order on Motion for Sanctions, Order on Motion for Extension of Time to Complete Discovery, Motion Hearing. ( See #235 Notice.) (Fagan, Linda)
March 28, 2012 Opinion or Order Filing 235 NOTICE by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. of Plaintiffs' Objections to Magistrate Judge A. Kathleen Tomlinson's March 14, 2012 Order (Dkt. 232) which granted, in part, and denied, in part, Defendants' motion to strike portions of the March 2, 2012 Expert Report of Plaintiffs' Expert and Precluded Her Further Testimony Relating to Market Share with Declaration and Exhibits in Support (Attachments: #1 Declaration, #2 Exhibit 3-14-12 Order, #3 Exhibit Defendants' Motion to Strike, #4 Exhibit Plaintiffs' Opposition to Motion to Strike, #5 Exhibit Hearing Transcript, #6 Exhibit Redacted, #7 Exhibit Redacted, #8 Exhibit Redacted, #9 Exhibit Redacted) (Murphy, James)
March 27, 2012 Opinion or Order Filing 234 Letter MOTION to Compel Expert Disclosure by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A (original filed under seal), #2 Exhibit B (original filed under seal), #3 Exhibit C (original filed under seal)) (Buzzetta, Danilo)
March 19, 2012 Opinion or Order Filing 233 Letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
March 14, 2012 Opinion or Order Filing 232 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Motion Hearing held on 3/14/2012. Defendants' motion #217 seeking to impose sanctions on Plaintiffs based on Rule 30(b)(6) witness is granted in part and denied in part. Defendants' motion for sanctions #227 seeking to strike pages 6-11 of Dr. Stevens' Expert Report is denied as to the damages opinions and granted as to any opinions regarding market share. Plaintiffs' motion #230 for a one-week extension of the deadline to depose Dr. Stevens is granted. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 3/14/12. (Tomlinson, A.)
March 13, 2012 Opinion or Order Filing 231 Letter to Magistrate Tomlinson in response to 3/12/12 Letter from Plaintiffs' counsel to object to adjournment of planitiffs' expert deposition of Dr. Barbara Stevens by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
March 13, 2012 Opinion or Order SCHEDULING ORDER: re #230 Letter MOTION for Extension of Time to Complete Discovery; #231 Letter. A Telephone Conference is now set for 3/14/2012 at 3:00 PM. Plaintiffs' counsel is directed to initiate the call to Chambers with all counsel on the line. Counsel are advised that all outstanding motions will be discussed at this time. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/13/2012. (Spatola, Richard)
March 12, 2012 Opinion or Order Filing 230 Letter MOTION for Extension of Time to Complete Discovery re: Deposition of Plaintiffs' Expert from March 16, 2012 to March 21, 2012 by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
March 8, 2012 Opinion or Order Filing 229 REPLY in Opposition re #227 Letter MOTION for Sanctions to Exclude Portions of the Expert Opinion of Barbara J. Stevens filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs' Expert Rebuttal Report (Redacted-Filed Under Seal), #2 Exhibit Plaintiffs' Expert Report (Redacted-Filed Under Seal), #3 Exhibit Feb 6, 2012 Correspondence, #4 Exhibit Dkt 174-Order) (Murphy, James)
March 8, 2012 Opinion or Order Filing 228 Letter Modifying Motion Previously Filed #227 by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Attachments: #1 Exhibit A) (Buzzetta, Danilo)
March 5, 2012 Opinion or Order Filing 227 Letter MOTION for Sanctions to Exclude Portions of the Expert Opinion of Barbara J. Stevens by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (filed under seal), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Buzzetta, Danilo)
February 17, 2012 Opinion or Order Filing 226 Letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
January 27, 2012 Opinion or Order Filing 225 MEMORANDUM AND ORDER; granting #207 Motion to Certify Class; denying #213 Motion for Disclosure; For the foregoing reasons, the court denies Defendants' motion to exclude the expert report of Dr. Stevens and grants Plaintiffs' motion for class action certification pursuant to Rules 23(b)(3) and 23(b)(2) of the Federal Rules of Civil Procedure. Counsel are advised that this courtexpects strict compliance with the Magistrate Judge's scheduling order in this matter to ensure that this case is soon trial ready. The Clerk of the Court is directed to terminate the motions appearing as docket entries numbers 207 and 213. ( Ordered by Senior Judge Leonard D. Wexler on 1/27/2012.) c/m (Fagan, Linda)
January 12, 2012 Opinion or Order Filing 224 Letter in Response to Defendants' Letter Motion of January 10, 2012 (Dkt. 223) Which Seeks Leave To Supplement Defendants' Opposition to Plaintiffs' Motion For Class Certification (Dkt. 207) by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Attachments: #1 Exhibit Notice of Deposition-Jerry Amato) (Murphy, James)
January 10, 2012 Opinion or Order Filing 223 Letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
January 10, 2012 Opinion or Order ORDER re #222 . The motion referenced by Defendants' counsel is currently pending before Judge Wexler and counsel's letter should be re-directed to Judge Wexler's Chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/10/2012. (Tomlinson, A.)
January 9, 2012 Opinion or Order Filing 222 Letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
December 19, 2011 Opinion or Order ORDER granting #219 Motion for Extension of Time to Complete Discovery. The fact discovery deadline is extended to January 20, 2012 solely for the purposes of completing the two depositions referenced in counsel's letter. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/19/2011. (Spatola, Richard)
December 16, 2011 Opinion or Order Filing 220 Letter from Daniel J. Buzzetta to Hon A. Kathleen Tomlinson advising that 2 additional non-party depositions will be held on Jan 5, 2012 and on Jan 20, 2012 as the witnesses are not available prior to 12/31/11 with consent of their counsel by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
December 16, 2011 Opinion or Order Filing 219 MOTION for Extension of Time to Complete Discovery as to 2 non-parties who are not available prior to 12/31/2011 by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
December 2, 2011 Opinion or Order Filing 218 RESPONSE in Opposition re #217 Letter MOTION for Sanctions filed by All Plaintiffs. (Reese, Michael)
November 29, 2011 Opinion or Order Filing 217 Letter MOTION for Sanctions by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4.1, #6 Exhibit 4.2, #7 Exhibit 4.3, #8 Exhibit 4.4, #9 Exhibit 4.5, #10 Exhibit 4.6, #11 Exhibit 4.7, #12 Exhibit 4.8, #13 Exhibit 5) (Buzzetta, Danilo)
October 28, 2011 Opinion or Order Filing 216 REPLY in Support re #213 MOTION for Disclosure to Exclude Report and Testimony of Proposed Expert [REDACTED] filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Elliott, John) (Additional attachment(s) added on 11/8/2011: #1 Unredacted Reply) (Glueckert, Lisa).
October 28, 2011 Opinion or Order Filing 215 AFFIDAVIT/DECLARATION in Support re #213 MOTION for Disclosure to Exclude Report and Testimony of Proposed Expert filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit SEALED) (Serota, James) (Additional attachment(s) added on 11/8/2011: #2 Sealed exhibit A) (Glueckert, Lisa).
October 28, 2011 Opinion or Order Filing 214 MEMORANDUM in Support re #213 MOTION for Disclosure to Exclude Report and Testimony of Proposed Expert [REDACTED] filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James) (Additional attachment(s) added on 11/8/2011: #1 Unredacted Memo of Law) (Glueckert, Lisa).
October 28, 2011 Opinion or Order Filing 213 MOTION for Disclosure to Exclude Report and Testimony of Proposed Expert by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
October 28, 2011 Opinion or Order Filing 212 CERTIFICATE OF SERVICE by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. re #211 Memorandum in Opposition (Serota, James)
October 28, 2011 Opinion or Order Filing 211 MEMORANDUM in Opposition filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Serota, James)
October 6, 2011 Opinion or Order Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on OCTOBER 03, 2011,CIVIL CAUSE FOR STATUS CONFERENCE HELD before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber R. GRANT @ TYPING AT YOUR DOORSTEP: LINDA FERRARA:, Telephone number R. GRANT (888) 866-5134; FAX NO. (800) 860-5722. Email address: TAYDS@court-transcripts.net. Tape Number: FTR/DRIVE/TIME:3:11-3:47. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/27/2011. Redacted Transcript Deadline set for 11/7/2011. Release of Transcript Restriction set for 1/4/2012.KEITH ANGELO JONES. (Jones, Keith)
October 4, 2011 Opinion or Order Filing 209 Minute Order. for proceedings held before Magistrate Judge A. Kathleen Tomlinson:deeming moot #200 Motion for Contempt; granting #203 Motion for Discovery; Status Conference held on 10/3/2011. The rulings issued today are set forth in the ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/4/2011. (Spatola, Richard)
October 3, 2011 Opinion or Order Filing 208 NOTICE of Appearance by Stephen P. Scaring on behalf of Daniel Finley Allen & Co, Inc. (aty to be noticed) (Scaring, Stephen)
September 28, 2011 Opinion or Order Filing 207 MOTION to Certify Class by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. Responses due by 9/28/2011 (Attachments: #1 Declaration Reese Declaration (Redacted) in Support of Class Certification, #2 Exhibit First Amended Class Action Complaint, #3 Exhibit Redacted-Filed Under Seal, #4 Exhibit Winters Bros. v. Barry Imports Case, #5 Exhibit Redacted-Filed Under Seal, #6 Exhibit Winters' Form Service Agreement, #7 Exhibit US v. Waste Mngmt-Motion for Entry of Final Judgment, #8 Exhibit NYC Local Law 42, #9 Exhibit Redacted-Filed Under Seal, #10 Exhibit Redacted-Filed Under Seal, #11 Exhibit Redacted-Filed Under Seal, #12 Exhibit Redacted-Filed Under Seal, #13 Exhibit Reese Richman-Firm Bio, #14 Exhibit BFI Canada Income Fund-Presentation to Investors Sept. 4, 2007, #15 Exhibit Redacted-Filed Under Seal, #16 Declaration Murphy Declaration in Support of Class Certification, #17 Exhibit Lewis Johs Firm Bio, #18 Affidavit in Support Expert Report Redacted-Filed Under Seal, #19 Exhibit Plaintiffs' Experts' CV, #20 Exhibit Plaintiffs' Experts' Publications, #21 Exhibit Federal Register, #22 Exhibit U.S. v. Waste Mgmt-Motion Re Entry of Final Judgment, #23 Exhibit NYC Local Law 42, #24 Exhibit Trade Waste Commission Report, #25 Exhibit Redacted-Filed Under Seal, #26 Exhibit Proposed Rule Regarding Contractual Auto-Renewals, #27 Exhibit Report, #28 Exhibit NY Times Article, #29 Exhibit U.S. v. Allied Waste-Final Judgment, #30 Memorandum in Support of Plaintiffs' Motion for Class Certification (Redacted-Filed Under Seal), #31 Memorandum in Opposition to Plaintiffs' Motion for Class Certification (Redacted-Filed Under Seal), #32 Declaration of Scott Martin in Opposition to Plaintiffs' Motion for Class Certification, #33 Exhibit Amended Class Action Complaint, #34 Exhibit Federal Register, #35 Exhibit Barbara Stevens' Article, #36 Exhibit Commercial Refuse Collection Rates, #37 Exhibit Reference Manual on Scientific Evidence (Exhibits B, C. D, E, F, G, H, I, J, K, L, P, Q, S, T, U, V, W, the Affidavit of Kevin Nolan with Exhibits and the Serio Declaration are Redacted and Filed Under Seal, #38 Memorandum in Support Reply Memorandum in Support of Motion for Class Certification, #39 Declaration in Reply and in Further Support of Plaintiffs' Motion for Class Certification, #40 Exhibit Redacted-Filed Under Seal, #41 Exhibit BFI Canada Income Fund Investors Presentation, #42 Exhibit Redacted-Filed Under Seal, #43 Exhibit Lagenfeld Q & A, #44 Exhibit Redacted-Filed Under Seal, #45 Exhibit Redacted-Filed Under Seal, #46 Exhibit Redacted-Filed Under Seal, #47 Exhibit Redacted-Filed Under Seal, #48 Certificate of Service) (Murphy, James)
September 23, 2011 Opinion or Order Filing 206 Letter in response to Sept. 20, 2011 letter filed by counsel for defendants by Daniel Finley Allen & Co, Inc. (Scaring, Stephen)
September 23, 2011 Opinion or Order Filing 205 RESPONSE in Opposition re #203 Letter MOTION for Discovery Conference to Compel Non-Parties and For Permission to Exceed Deposition Limit filed by Jet Sanitation Service Corp. (Gitto, Joseph)
September 23, 2011 Opinion or Order ORDER granting #204 Motion to Adjourn Conference. The September 28, 2011 Conference is hereby ADJOURNED to October 3, 2011 at 3:00 p.m. Defendants' counsel is to serve a copy of this Order on counsel for non-parties D.F. Allen, Jet and V. Garofalo. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/23/2011. (Spatola, Richard)
September 22, 2011 Opinion or Order Filing 204 Letter MOTION to Adjourn Conference by V. Garofalo Carting, Inc.. (Wolf, Edward)
September 21, 2011 Opinion or Order SCHEDULING ORDER: re #203 Letter MOTION for Discovery Conference to Compel Non-Parties and For Permission to Exceed Deposition Limit, #200 Letter MOTION for Contempt . Status Conference set for 9/28/2011 at 1:30 PM before Magistrate Judge A. Kathleen Tomlinson. Counsel for non-parties D.F. Allen and Jet may file a response to Defendants' motion by September 23, 2011. Defendants' counsel is to serve a copoy of this Order on counsel for non-parties D.F. Allen, Jet and V. Garofalo. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/21/2011. (Spatola, Richard)
September 20, 2011 Opinion or Order Filing 203 Letter MOTION for Discovery Conference to Compel Non-Parties and For Permission to Exceed Deposition Limit by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Taub, Roy)
September 20, 2011 Opinion or Order Filing 202 RESPONSE in Opposition re #200 Letter MOTION for Contempt Response Letter filed by V. Garofalo Carting, Inc.. (Wolf, Edward)
September 19, 2011 Opinion or Order Filing 200 Letter MOTION for Contempt by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Buzzetta, Danilo)
September 19, 2011 Opinion or Order Filing 199 FINAL AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: All fact discovery, including any remaining depositions to be completed by; November 15, 2011; Initial expert reports and all expert disclosures required under Rule 26 to be served by December 15, 2011; Expert rebuttal reports to be served by January 20, 2012; Expert deposition deadline, February 2, 2012; Deadline to submit letter request for a pre-motion conference to Judge Wexler for purposes of moving for summary judgment, February 7, 2012; Joint pretrial order due by March 2, 2012; Pretrial Conference, March 9, 2012, at 2:30 p.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/19/2011. (Spatola, Richard)
September 16, 2011 Opinion or Order Filing 198 Proposed Scheduling Order re: Case Management Order by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
September 2, 2011 Opinion or Order Filing 197 Letter MOTION for Extension of Time to File Objections to Defendant's Subpeona Requests by Liberty Ashes Inc.. (Gutman, Andrew)
September 2, 2011 Opinion or Order ORDER granting #196 Motion for Extension; granting #197 Motion for Extension of Time to File. All deadlines contained in Paragraph 1 of the Court's August 24, 2011 Civil Conference Minute Order is hereby extended one week. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/2/2011. (Spatola, Richard)
September 1, 2011 Opinion or Order Filing 196 Letter MOTION to Adjourn Conference Minute Order deadlines contained in Minute Order dated 8/24/11 #193 by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
August 31, 2011 Opinion or Order Filing 195 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on AUGUST 24, 2011,CIVIL CAUSE FOR ORAL ARGUMENT HELD before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber LINDA FERRARA FOR TYPING AT YOUR DOORSTEP.., Telephone number LINAD FERRARA c/o R. GRANT (888) 866-5134; FAX# 800 860-5722. Email address: TAYDS@COURT-TRANSCRIPTS.NET. Tape Number: FTR/DRIVE/ TIME:2:22-3:23 P.M.. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2011. Redacted Transcript Deadline set for 10/3/2011. Release of Transcript Restriction set for 11/29/2011.KEITH ANGELO JONES. (Jones, Keith)
August 25, 2011 Opinion or Order Filing 194 AFFIDAVIT of Service for Civil Conferece Minute Order, dated 8/25/11 served on Edward L. Wolf, PC, and Gutman & Gutman LLP on 8/25/11, filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Taub, Roy)
August 25, 2011 Opinion or Order Filing 193 Minute Order. for proceedings held before Magistrate Judge A. Kathleen Tomlinson:granting in part #184 Motion to Compel; granting in part #185 Motion to Compel; granting #188 Motion to Compel; Motion Hearing held before Magistrate Judge A. Kathleen Tomlinson on 8/24/2011. The rulings issued today are set forth in the ATTACHED ORDER. Morevoer, the parties are directed to notify this Court in writing by September 16, 2011 if they intend to present expert testimony in this case. At that point, the Court will issue a FINAL Amended Case Management and Scheduling Order. Defendants' counsel is directed to serve a copy of this Order upon counsel for V. Garofalo Carting, Inc. and Liberty Ashes, Inc. forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/24/2011.(Spatola, Richard) Modified on 9/16/2011 (Montero, Edher).
August 23, 2011 Opinion or Order Filing 192 MOTION to Continue request for an adjournment of hearing on August 24, 2011 at 2:00 p.m., MOTION for Hearing re #185 Letter MOTION to Compel Non-party Liberty Ash & Rubbish Co. by Liberty Ashes Inc.. (Gutman, Andrew)
August 23, 2011 Opinion or Order ORDER denying #192 Motion to Continue Hearing. The August 24, 2011 Conference will go forward as scheduled. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/23/2011. (Spatola, Richard)
August 22, 2011 Opinion or Order Filing 191 RESPONSE in Opposition re #188 Letter MOTION to Compel filed by All Plaintiffs. (Attachments: #1 Exhibit 1) (Murphy, James)
August 22, 2011 Opinion or Order ORDER granting #189 Motion to Appear by Telephone. Counsel for the Plaintiffs may appear at the August 24, 2011 Conference by telephone. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/22/2011. (Spatola, Richard)
August 19, 2011 Opinion or Order Filing 190 Letter dated 8/19/11 from Daniel Buzzetta in response to Plaintiffs' Counsel's Letter of today regading appearance at 8/24/11 Conference. Defendants' counsel will appear in person by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
August 19, 2011 Opinion or Order Filing 189 Motion to Appear by Telephone at August 24, 2011, Conference by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
August 17, 2011 Opinion or Order Filing 188 Letter MOTION to Compel by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Serota, James)
August 9, 2011 Opinion or Order SCHEDULING ORDER: re #185 Letter MOTION to Compel Non-party Liberty Ash & Rubbish Co., #184 Letter MOTION to Compel non-party V. Garofalo Carting, Inc., #186 Response in Opposition, #187 Response in Opposition. In light of the pending motions, the Court hereby converts the previously scheduled August 24, 2011 telephone conference to an in-person conference. Defendants' counsel is to notify counsel for the non-party witnesses of this conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/9/2011. (Spatola, Richard)
August 5, 2011 Opinion or Order Filing 187 RESPONSE in Opposition re #185 Letter MOTION to Compel Non-party Liberty Ash & Rubbish Co. filed by Liberty Ashes Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E) (Gutman, Andrew)
August 4, 2011 Opinion or Order Filing 186 RESPONSE in Opposition re #184 Letter MOTION to Compel non-party V. Garofalo Carting, Inc. Response in Opposition to Letter Motion filed by V. Garofalo Carting, Inc.. (Wolf, Edward)
August 1, 2011 Opinion or Order Filing 185 Letter MOTION to Compel Non-party Liberty Ash & Rubbish Co. by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Serota, James)
August 1, 2011 Opinion or Order Filing 184 Letter MOTION to Compel non-party V. Garofalo Carting, Inc. by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Serota, James)
July 26, 2011 Opinion or Order Filing 183 NOTICE of Appearance by Roy Taub on behalf of BFI Canada Income Fund, IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (aty to be noticed) (Taub, Roy)
July 21, 2011 Opinion or Order Incorrect Case/Document/Entry Information. Original docket entries 168 and 169 have been deleted and refiled under different events. The documents has been refiled and entry numbers have been corrected to the original docket entry numbers 168 and 169. (Glueckert, Lisa)
July 18, 2011 Opinion or Order Filing 182 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on JUNE 30, 2011,cIVIL Cause For status conf. held by telephone before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber LEWIS PARHAM @ WRITER'S CRAMP, 6 NORTON ROAD MONMOUTH Jct., NJ 08852, Telephone number LEWIS PARHAM (732) 329-0191. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2011. Redacted Transcript Deadline set for 8/18/2011. Release of Transcript Restriction set for 10/17/2011.KEITH ANGELO JONES. (Jones, Keith)
July 7, 2011 Opinion or Order Filing 181 NOTICE of Appearance by Joseph Michael Gitto on behalf of Jet Sanitation Service Corp (aty to be noticed) (Gitto, Joseph)
July 7, 2011 Opinion or Order Filing 180 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 6/30/2011. SCHEDULING: The next conference will be held by telephone on August 24, 2011. THE FOLLOWING RULINGS WERE MADE: Defendants counsel requested today that Plaintiffs and third parties also be required to produce documents created up until June 1, 2011. After a brief discussion, it was apparent to me that counsel had not engaged in a good faith meet-and-confer on this issue. I directed counsel to do so. If an agreement cannot be reached, Defendants will have until July 15, 2011 to file a letter motion to compel. SEE ATTACHED ORDER FOR FURTHER RULINGS AND INFORMATION. (Reifman, Marli)
June 29, 2011 Opinion or Order Filing 179 ORDER denying #176 Motion for Discovery. For the reasons stated in the attached Order, I direct that Defendants are to produce responsive, relevant, non-privileged documents created up until June 1, 2011. Any remaining issues will be addressed at the previously scheduled telephone status conference on June 30, 2011. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/29/2011. (Reifman, Marli)
June 28, 2011 Opinion or Order Filing 178 Letter Pursuant to Dkt. No. 175 Directing Counsel To Provide Names of Individuals/Representatives Whose Depositions They Intend To Take In This Case by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
June 7, 2011 Opinion or Order Filing 177 REPLY in Opposition re #176 Letter MOTION for Discovery filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
June 2, 2011 Opinion or Order Filing 176 Letter MOTION for Discovery by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
May 24, 2011 Opinion or Order Filing 175 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 5/24/2011. SCHEDULING: The next conference will be held by telephone on June 30, 2011. THE FOLLOWING RULINGS WERE MADE: After a discussion with counsel regarding the prior class certification motion which was filed and withdrawn, a schedule was put in place for the renewal of that motion. The schedule is set forth in the attached Order. SEE ATTACHED ORDER FOR FURTHER DIRECTIVES AND INFORMATION. (Reifman, Marli)
May 23, 2011 Opinion or Order Filing 174 ORDER re #82 MOTION to Compel filed by All Star Carts and Vehicles, Inc. For the reasons stated in the attached Order, Plaintiffs' motion for the production of documents is GRANTED. Plaintiffs' request for costs and attorneys fees is DENIED. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/23/2011. (Reifman, Marli)
May 20, 2011 Opinion or Order ORDER denying as moot #172 Motion for Protective Order; granting #173 Motion for Protective Order. The parties' Stipulated Confidentiality Order [DE 173] is hereby "So Ordered." Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/20/2011. (Reifman, Marli)
May 19, 2011 Opinion or Order Filing 173 MOTION for Protective Order by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
May 19, 2011 Opinion or Order ORDER granting #170 Motion to Appear by Telephone. A telephone conference to discuss the briefing schedule for Plaintiffs' motion for class certification will be held on May 24, 2011 at 9:30 a.m. Counsel for Plaintiffs is directed to get all parties on the line and initiate the call to Chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/19/2011. (Reifman, Marli)
May 18, 2011 Opinion or Order ORDER deferring ruling on #172 Motion for Protective Order. The Court has received the proposed Confidentiality Order submitted by the parties. However, the copy of the proposed order posted on ECF does not include the signatures of counsel for the parties. Before the proposed order can be "so ordered" by the Court, the parties are directed either to submit a fully executed copy of the document on ECF or to deliver a fully executed original to Chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/18/2011. (Reifman, Marli)
May 17, 2011 Opinion or Order Filing 172 MOTION for Protective Order by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Proposed Order Confidentiality) (Buzzetta, Danilo)
May 17, 2011 Opinion or Order Filing 171 Second Amended Corporate Disclosure Statement by Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., BFI Canada Income Fund, IESI Corporation, and IESI NY Corporation, identifying Corporate Parent IESI Corporation for Winters Bros. Waste Systems, Inc.; Corporate Parent Winter Bros. Waste Systems, Inc. for Winters Bros. Recycling Corp.; IESI Corporation for IESI NY Corporation; IESI-BFC Holdings, Inc.and Progressive Waste Solutions Ltd for IESI Corporation. (Buzzetta, Danilo) Modified docket text on 5/17/2011 (Mahon, Cinthia).
May 13, 2011 Opinion or Order Filing 170 Joint Motion to Appear by Telephone For Conference To Discuss And Set Down Briefing Schedule For Plaintiffs' Renewed Motion For Class Certification by All Star Carts and Vehicles, Inc.. (Murphy, James)
May 12, 2011 Opinion or Order Filing 169 MEMORANDUM & ORDER: SO ORDERED that the court concludes that the order appealed denying disqualification of Lewis, Johs should be affirmed. Accordingly, Plaintiff's objections are hereby overruled, and the #153 Order of Magistrate Judge Tomlinson is affirmed. The parties are directed to confer with respect to entering into an appropriate confidentiality order and to continue with discovery with an eye toward its swift completion so that this case is soon trial ready. Ordered by Senior Judge Leonard D. Wexler on 5/12/2011. (Glueckert, Lisa) Modified the event the order is filed under and docket entry number on 7/21/2011 (Glueckert, Lisa).
May 12, 2011 Opinion or Order Filing 168 MEMORANDUM & ORDER: SO ORDERED that the Court concludes that the order appealed from denying the motion to strike Paragraph 35 of the Amended Complaint should be affirmed. Accordingly, Plaintiffs objections are hereby overruled, and the #155 Order of Magistrate Judge Tomlinson is affirmed. Ordered by Senior Judge Leonard D. Wexler on 5/12/2011. (Glueckert, Lisa) Modified entry number and the event the order was filed under on 7/21/2011 (Glueckert, Lisa).
May 3, 2011 Opinion or Order Filing 167 REPLY in Opposition re #161 Notice(Other), Notice(Other) filed by All Star Carts and Vehicles, Inc.. (Reese, Michael)
April 29, 2011 Opinion or Order Filing 166 REPLY in Opposition re #158 Notice(Other), Notice(Other), Notice(Other) Plaintiffs' Response to Defendants' Objections to Magistrate Judge A. Kathleen Tomlinson's March 30, 2011 Order Denying Defendants' Motion to Disqualify Plaintiffs' Co-Counsel filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Certificate of Service) (Murphy, James)
April 25, 2011 Opinion or Order Filing 165 MEMORANDUM in Support RESPONSE TO DEFENDANTS' SUPPLEMENTAL FILING (DKT. 162) filed by All Star Carts and Vehicles, Inc.. (Reese, Michael)
April 25, 2011 Opinion or Order Filing 164 Proposed Scheduling Order re Plaintiffs' Response to Defendants' Objections (Dkt. 161) to Magistrate's Order Denying Defendants' Motion to Strike (Dkt. 155) by All Star Carts and Vehicles, Inc. (Reese, Michael)
April 25, 2011 Opinion or Order ORDER re #164 Proposed Scheduling Order filed by All Star Carts and Vehicles, Inc. The proposed scheduling order is hereby So Ordered by Senior Judge Leonard D. Wexler on 4/25/2011. (Shields, Anne)
April 25, 2011 Opinion or Order ORDER granting #163 Motion for Extension of Time to File Response/Reply. So Ordered by Senior Judge Leonard D. Wexler on 4/25/2011. (Shields, Anne)
April 20, 2011 Opinion or Order Filing 163 MOTION for Extension of Time to File Response/Reply as to #158 Notice(Other), Notice(Other), Notice(Other) to Extend Plaintiffs' Time to Serve and File Responses to Defendants' Objections Re: Order (Dkt. 153) by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
April 20, 2011 Opinion or Order Filing 162 RESPONSE in Opposition re #82 MOTION to Compel in further support of defendants' position that such discovery is irrelevant and should be precluded filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
April 19, 2011 Opinion or Order APPEAL OF MAGISTRATE JUDGE DECISION to District Court by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. re #155 Order on Motion to Strike. ( See #161 NOTICE.) (Fagan, Linda)
April 19, 2011 Opinion or Order Filing 161 NOTICE by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. re #155 Order on Motion to Strike, Objections, with Supporting Declaration and Exhibits (Attachments: #1 Declaration Buzzetta Declaration in Support of Objections, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G) (Buzzetta, Danilo)
April 15, 2011 Opinion or Order Filing 160 AFFIDAVIT in Support re #158 Notice(Other), Notice(Other), Notice(Other) Ex G filed under seal in support of Notice of Objections to Order #153 of Magistrate Judge Tomlinson denying disqualification motion by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit G, Part 2 filed under seal, #2 Exhibit G, Part 3 filed under seal, #3 Exhibit G, Part 4 filed under seal, #4 Exhibit G, Part 5 filed under seal, #5 Exhibit G, Part 6 filed under seal, #6 Exhibit G, Part 7 filed under seal, #7 Exhibit G, Part 8 filed under seal, #8 Exhibit G, Part 9 filed under seal, #9 Exhibit Order #100 of Magistrate Judge Tomlinson to file under seal) (Buzzetta, Danilo)
April 15, 2011 Opinion or Order Filing 159 CERTIFICATE OF SERVICE by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. re #158 Notice(Other), Notice(Other), Notice(Other) (Buzzetta, Danilo)
April 15, 2011 Opinion or Order Filing 158 NOTICE by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. re #153 Order on Motion for Leave to File, Objection, with Supporting Declaration and Exhibits (Exhibit G to be filed separately under seal) (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Buzzetta, Danilo)
April 11, 2011 Opinion or Order Filing 157 NOTICE of Appearance by John Joseph Elliott on behalf of BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (aty to be noticed) (Elliott, John)
April 8, 2011 Opinion or Order Filing 156 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Motion Hearing/Status Conference held on 4/7/2011. Letter MOTION to Continue to Enforce Confidentiality Order GRANTED. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS. Ordered by Judge A. Kathleen Tomlinson on 4/7/11. (Tomlinson, A.)
April 6, 2011 Opinion or Order Filing 155 ORDER denying #151 Motion to Strike. For the reasons stated in the attached Order, Defendants' motion to strike paragraph 35 of the Amended Complaint is DENIED. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/6/2011. (Reifman, Marli)
April 4, 2011 Opinion or Order Incorrect Entry Information. The #153 order filed on 4/1/11 has been deleted and refiled as of the date of the order 3/30/11. The NEF was regenerated. (Mahon, Cinthia)
April 1, 2011 Opinion or Order Filing 154 Letter MOTION to Continue /Enforce Confidentiality Order by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
March 30, 2011 Opinion or Order Filing 153 ORDER denying #144 Motion for Leave to File. For the reasons stated in the attached Order, Defendants' renewed motion to disqualify the Lewis Johs Attorneys is DENIED. The parties are directed to appear for a conference on April 7, 2011 at 12:00 p.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/30/2011. C/M BY ECF (Mahon, Cinthia) Modified on 4/4/2011 to correct file date and renumber document to 153. (Mahon, Cinthia).
November 10, 2010 Opinion or Order Filing 152 RESPONSE in Opposition re #151 Letter MOTION to Strike #15 Amended Complaint as to Paragraph 35 filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit A (September 30, 2010 Order), #2 Exhibit B (Plaintiffs' Amended Discovery Responses)) (Reese, Michael)
November 8, 2010 Opinion or Order Filing 151 Letter MOTION to Strike #15 Amended Complaint as to Paragraph 35 by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
September 30, 2010 Opinion or Order Filing 150 ORDER granting #134 Defendants' Motion to Compel. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/30/2010. (Tomlinson, A.)
August 5, 2010 Opinion or Order ORDER denying as moot #114 Motion to Certify Class; granting #149 Motion to Withdraw. Plaintiffs' Motion to Cerity Class is deemed withdrawn without prejudice. Upon a decision regarding the pending motion to disqualify, an immediate phone conference will take place to discuss the briefing schedule of the anticipated renewed Class Certification Motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/5/2010. (Spatola, Richard)
August 5, 2010 Opinion or Order ORDER. In light of the subsequent developments in this case, DE 113 is deemed moot since discovery has been extended pending a determination of the other pending motions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/5/2010. (Tomlinson, A.)
August 4, 2010 Opinion or Order Filing 149 Letter MOTION to Withdraw Plaintiffs' Class Certification Motion Without Prejudice by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
August 4, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 8/4/2010. I discussed the pending motion for class certification with the parties. Plaintiffs' counsel will be filing a letter motion to withdraw the motion to certify without prejudice. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/4/2010 (Spatola, Richard)
August 2, 2010 Opinion or Order ORDER. The parties are directed to participate in a telephone conference call on August 4, 2010 at 10:30 a.m. to discuss the letters recently filed in connection with the pending motion to certify the class. Plaintiffs' counsel is directed to initiate the call to chambers. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/2/2010. (Spatola, Richard) Modified on 8/2/2010 (Montero, Edher).
July 30, 2010 Opinion or Order Filing 148 Letter to Hon A. Kathleen Tomlinson in reply to Plaintiffs' July 30, 2010 letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
July 30, 2010 Opinion or Order Filing 147 REPLY in Opposition re #146 Letter Regarding Proposed Withdrawal of Class Certification Motion filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit Proposed Stipulation of Withdrawal) (Murphy, James)
July 28, 2010 Opinion or Order ORDER re #146 Letter filed by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. Plaintiffs' counsel is directed to file a response to DE 146 by July 30, 2010. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/28/2010. (Spatola, Richard)
July 27, 2010 Opinion or Order Filing 146 Letter by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Attachments: #1 Exhibit) (Buzzetta, Danilo)
July 19, 2010 Opinion or Order Filing 145 RESPONSE to Motion re #144 MOTION for Leave to File Renewed Motion to Disqualify Counsel filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
July 8, 2010 Opinion or Order Filing 144 Letter MOTION to Disqualify Counsel Seeking Leave to File a Renewed Motion to Disqualify Counsel by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Contracts, #2 Exhibit A, #3 Exhibit B-E) (Buzzetta, Danilo) Modified on 7/9/2010 (Fagan, Linda).
July 8, 2010 Opinion or Order Filing 143 Letter follow-up to 7/1/10 conference by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
July 1, 2010 Opinion or Order Filing 142 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on July 1, 2010. THE FOLLOWING RULINGS WERE MADE: By July 8, 2010, counsel for Defendants will file a motion for permission to file under seal and a motion for leave to file a renewed motion to disqualify. Plaintiffs' opposition must be filed by July 19, 2010. No further action in this case can be undertaken until the anticipated motion is submitted and determined. SEE ATTACHED ORDER for additional rulings and information. (Tobin, Ellen)
June 1, 2010 Opinion or Order Filing 141 DECISION AND ORDER re #138 . Defendants' Motion to Disqualify is denied, without prejudice. Counsel for the parties are directed to appear for a conference with the Court on July 1, 2010 at 11:30 a.m. and to comply with the directives set forth in the ATTACHED ORDER in the interim. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/31/2010. (Tomlinson, A.)
April 16, 2010 Opinion or Order ORDER granting #140 Motion for Extension of Time to File Response/Reply. So Ordered by Senior Judge Leonard D. Wexler on 4/16/2010. (Shields, Anne)
April 13, 2010 Opinion or Order Filing 140 MOTION for Extension of Time to File Response/Reply as to #138 Order, #139 Order on Motion for Protective Order, Order on Motion to Compel,, for 14-day period and to request Order that attorneys Reese Richman continue to refrain from disclosing "Highly Confidential" data to Lewis Johs Avallone Aviles, LLP by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A and B - Orders) (Serota, James)
March 31, 2010 Opinion or Order Filing 139 ORDER re #81 Motion for Protective Order, #82 Motion to Compel. Defendants' motion for a protective order #81 is DENIED. Plaintiffs' motion to compel discovery is GRANTED, in part, and DENIED, in part. See attached Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/10. (Montero, Edher)
March 31, 2010 Opinion or Order Filing 138 ORDER re #66 MOTION to Disqualify. Defendants' motion #66 for disqualification is DENIED, without prejudice. See attached Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/10. (Montero, Edher)
January 6, 2010 Opinion or Order Filing 137 Corporate Disclosure Statement by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
November 25, 2009 Opinion or Order ORDER re #136 Letter filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. As Defendants' counsel notes in his November 23, 2009 letter #136 , my individual rules do not permit a reply and DE 136 constitutes a reply. It is therefore rejected and will not be considered. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/25/2009. (Colinet, Paul)
November 23, 2009 Opinion or Order Filing 136 Letter by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
November 20, 2009 Opinion or Order Filing 135 RESPONSE in Opposition re #134 Letter MOTION to Compel Full & Complete Answers to Defendants' Interrogatories Nos. 7 and 9 and Document Request No. 1 dated 11/24/2008, or To Strike Paragraph 35 of Amended Complaint filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Reese, Michael)
November 17, 2009 Opinion or Order Filing 134 Letter MOTION to Compel Full & Complete Answers to Defendants' Interrogatories Nos. 7 and 9 and Document Request No. 1 dated 11/24/2008, or To Strike Paragraph 35 of Amended Complaint by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A to Tomlinson Letter Motion, #2 Exhibit B to Tomlinson Letter Motion) (Serota, James)
October 13, 2009 Opinion or Order MOTIONS REFERRED: #114 Notice of MOTION to Certify Class. Motions referred to A. Kathleen Tomlinson. (Mahon, Cinthia)
October 13, 2009 Opinion or Order ORDER re #114 Notice of MOTION to Certify Class filed by All Star Carts and Vehicles, Inc. This motion is hereby referred to the Honorable Kathleen Tomlinson, United States Magistrate Judge. So Ordered by Senior Judge Leonard D. Wexler on 10/13/2009. (Shields, Anne)
October 7, 2009 Opinion or Order Filing 122 AFFIDAVIT/DECLARATION in Support re #114 Notice of MOTION to Certify Class DECLARATION OF MICHAEL R. REESE filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (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) (Reese, Michael)
October 7, 2009 Opinion or Order Filing 121 REPLY in Support re #114 Notice of MOTION to Certify Class (REDACTED) filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Reese, Michael)
October 7, 2009 Opinion or Order Filing 120 MEMORANDUM in Opposition re #114 Notice of MOTION to Certify Class Redacted Version filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
October 7, 2009 Opinion or Order Filing 119 AFFIDAVIT/DECLARATION in Opposition re #114 Notice of MOTION to Certify Class filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit T, #10 Exhibit U) (Serota, James)
October 7, 2009 Opinion or Order Filing 118 AFFIDAVIT/DECLARATION in Support re #114 Notice of MOTION to Certify Class EXPERT REPORT OF DR. BARBARA J. STEVENS filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Reese, Michael)
October 7, 2009 Opinion or Order Filing 117 AFFIDAVIT/DECLARATION in Support re #114 Notice of MOTION to Certify Class DECLARATION OF JAMES F. MURPHY filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit A) (Reese, Michael)
October 7, 2009 Opinion or Order Filing 116 AFFIDAVIT/DECLARATION in Support re #114 Notice of MOTION to Certify Class DECLARATION OF MICHAEL R. REESE (REDACTED) filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (REDACTED), #3 Exhibit C, #4 Exhibit D (REDACTED), #5 Exhibit E (REDACTED), #6 Exhibit F, #7 Exhibit G, #8 Exhibit H (REDACTED), #9 Exhibit I (REDACTED), #10 Exhibit J (REDACTED), #11 Exhibit K (REDACTED), #12 Exhibit L) (Reese, Michael)
October 7, 2009 Opinion or Order Filing 115 MEMORANDUM in Support re #114 Notice of MOTION to Certify Class (REDACTED) filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Reese, Michael)
October 7, 2009 Opinion or Order Filing 114 Notice of MOTION to Certify Class by All Star Carts and Vehicles, Inc.. (Reese, Michael)
September 25, 2009 Opinion or Order Filing 113 MOTION for Extension of Time to Complete Discovery by All Star Carts and Vehicles, Inc.. (Reese, Michael)
September 17, 2009 Opinion or Order ORDER granting #112 Motion for Extension of Time to File Response/Reply. So Ordered by Senior Judge Leonard D. Wexler on 9/17/2009. (Shields, Anne)
September 10, 2009 Opinion or Order Filing 112 First MOTION for Extension of Time to File Response/Reply in Support of Motion for Class Certification by All Star Carts and Vehicles, Inc.. (Reese, Michael)
September 9, 2009 Opinion or Order ELECTRONIC ORDER re #111 Letter filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. The Court has received Defendants' September 8, 2009 letter. All fact discovery excluding any discovery impacted by the pending motion to disqualify and Confidentiality Stipulation is to be completed by the November 9, 2009 deadline set forth in the July 8, 2009 Amended Case Management and Scheduling Order. All other deadlines are hereby held in abeyance pending the Court's determination on the pending motion and Confidentiality Stipulation. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/9/2009. (Monaco, Laura)
September 8, 2009 Opinion or Order Filing 111 Letter Requesting Modification to Scheduling Order on Consent by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
August 20, 2009 Opinion or Order ORDER denying #110 Motion for Leave to File Excess Pages. The motion is denied, except to the extent that Defendant may submit a memorandum of law of no more than 30 pages and plaintiffs may submit a reply memorandum of no more than 15 pages. So Ordered by Senior Judge Leonard D. Wexler on 8/20/2009. (Shields, Anne)
August 18, 2009 Opinion or Order Filing 110 Letter MOTION for Leave to File Excess Pages to Defendants' Opposition Memoranda to Plaintiffs' Motion for Class Certification by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
August 14, 2009 Opinion or Order Filing 109 REPLY in Opposition to Letter Filed by James Serota on August 13, 2009 (Dkt. 108) filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Reese, Michael)
August 13, 2009 Opinion or Order Filing 108 Letter confirming production of documents by non-parties Jamaica Ash and Jet Sanitation by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
July 20, 2009 Opinion or Order Filing 107 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 7/20/2009. My numerous directives are set forth in the attached Order. SEE ATTACHED ORDER. (Monaco, Laura) (Montero, Edher).
July 14, 2009 Opinion or Order Filing 106 Letter reply to letters filed by Non-Parties Jet, Jamaica and Westbury by BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
July 14, 2009 Opinion or Order SCHEDULING ORDER: A telephone conference will be held on July 20, 2009 at 11:00 a.m. to discuss the issues raised in the non-parties July 9 and 10, 2009 letters. Counsel for Defendants is requested to initiate the call to Chambers with counsel for all parties and non-parties Jet, Jamaica Ash and Westbury Paper on the line. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/14/2009. (Monaco, Laura)
July 10, 2009 Opinion or Order Filing 105 RESPONSE to Motion re #99 Letter MOTION to Compel Non-Parties Jet Sanitation Service Co., Jamaica Ash & Rubbish Removal Co., Inc. and Westbury Paper Stock Corp. to produce for inspection documents and data responsive to Requests 1, 2, 11 & 17 of the Subpoena with requested cost estimate filed by Jet Sanitation Service Corp. (Lewis, Bryan)
July 9, 2009 Opinion or Order Filing 104 REPLY in Opposition filed by Jamaica Ash & Rubbish Removal Co. Inc.. (Core, Anthony)
July 9, 2009 Opinion or Order Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 23, 2009, before Judge A.KATHLEEN TOMLINSON MAG. JUDGE. Civil Cause For Conference held before Mag. Judge (AKT). Court Reporter/Transcriber ELIZABETH BARRON OF ARIA TRANSCRIPTIONS, Telephone number ELIZABETH BARRON @ ARIA TRASCRIPTIONS @ 31 TERRACE DRIVE, 1ST FLOOR NYACK, NEW YORK. 10960...PHONE # 215 767-7700. Tape Number: FTR/DRIVE/TIME: 10:13-12:31. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2009. Redacted Transcript Deadline set for 8/10/2009. Release of Transcript Restriction set for 10/7/2009.Keith Angelo Jones. (Jones, Keith)
July 8, 2009 Opinion or Order Filing 102 ORDER on #99 Motion to Compel. Non-parties Jet, Jamaica Ash, and Westbury Paper are directed to produce their cost estimates to Defendants' counsel and to the Court by the close of business on July 10, 2009. In the interim, non-parties Jet, Jamaica Ash, and Westbury Paper, as directed at the June 23, 2009 hearing, must continue with preparations of the document production in response to Defendants' subpoenas, as ordered during the June 23, 2009 proceeding. The Court will set a production deadline as soon as it reviews the cost estimates and renders a ruling on the same, and none of the entities will be granted a delay in production based on a claim that they are not ready to produce. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/8/2009. (Monaco, Laura)
July 8, 2009 Opinion or Order Filing 101 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Initial non-class certification expert reports, if any, to be served by: October 1, 2009. Rebuttal reports, if any, to be served by:November 9, 2009. All discovery, excluding expert depositions, if any, to be completed by: November 9, 2009. Dispositive motion process (i.e., filing of request for pre-motion conferences) started by: November 23, 2009. Expert Depositions to be completed by: December 1, 2009. Joint pretrial order due by: To be determined by Court. Pretrial Conference: To be determined by Court. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/8/2009. (Monaco, Laura)
July 8, 2009 Opinion or Order Filing 100 Minute Order for proceedings held on 6/23/2009 before Magistrate Judge A. Kathleen Tomlinson: granting #85 Motion to Compel; granting #86 Motion to Compel; granting #88 Motion to Compel; granting #94 Motion for Extension of Time to Complete Discovery. I have reserved decision on #66 , #81 , and #82 . My extensive rulings and directives are contained in the attached Order. An Amended Case Management and Scheduling Order will be issued separately. SEE ATTACHED ORDER. (Monaco, Laura)
July 7, 2009 Opinion or Order Filing 99 Letter MOTION to Compel Non-Parties Jet Sanitation Service Co., Jamaica Ash & Rubbish Removal Co., Inc. and Westbury Paper Stock Corp. to produce for inspection documents and data responsive to Requests 1, 2, 11 & 17 of the Subpoena by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
July 6, 2009 Opinion or Order SCHEDULING ORDER: The July 14, 2009 Pretrial Conference is hereby adjourned without date pending the disposition of the parties' outstanding discovery motions. The Court will set a new date for the submission of the Joint Pretrial Order and for the Pretrial Conference upon resolution of those outstanding motions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/6/2009. (Monaco, Laura)
June 24, 2009 Opinion or Order Filing 98 Letter Response to Letter Enclosing Recent Decision by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Attachments: #1 Exhibit Exhibit A) (Serota, James)
June 24, 2009 Opinion or Order Filing 97 Letter annexing exemplars of Contracts utilized by Defendant Winters Brothers Recycling Corp. and Non-Party Jet Sanitation Services, Corp. by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Attachments: #1 Exhibit, #2 Exhibit) (Murphy, James)
June 24, 2009 Opinion or Order Filing 96 Letter Attaching Sample Contracts by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit C) (Serota, James)
June 24, 2009 Opinion or Order Filing 95 Letter Regarding Recent Decision by All Star Carts and Vehicles, Inc. (Attachments: #1 Exhibit A) (Reese, Michael)
June 22, 2009 Opinion or Order Filing 94 Joint MOTION for Extension of Time to Complete Discovery by All Star Carts and Vehicles, Inc.. (Reese, Michael)
June 9, 2009 Opinion or Order ORDER granting #93 Motion for Extension of Time to File Response/Reply. The requested briefing schedule with respect to the motion for class certification is hereby So Ordered by Senior Judge Leonard D. Wexler on 6/9/2009. (Shields, Anne)
June 3, 2009 Opinion or Order Filing 93 Letter MOTION for Extension of Time to File Response/Reply Opposition and Reply on Plaintiff's Motion for Class Certification by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
May 29, 2009 Opinion or Order SCHEDULING ORDER: Oral argument on the parties' outstanding discovery motions is scheduled for June 23, 2009 at 10:00 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/29/2009. (Jacobwitz, Beth)
May 28, 2009 Opinion or Order Filing 92 Letter by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
May 5, 2009 Opinion or Order Filing 91 REPLY in Opposition filed by Jamaica Ash & Rubbish Removal Co. Inc., Westbury Paper Stock Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Core, Anthony)
May 4, 2009 Opinion or Order Filing 90 REPLY in Opposition re #88 Letter MOTION to Compel Jet Sanitation Service Corp. to comply with Rule 45 Subpoena Duces Tecum filed by Jet Sanitation Service Corp. (Attachments: #1 Exhibit Schedule A, #2 Exhibit) (Murphy, James)
April 30, 2009 Opinion or Order Filing 89 Letter to Magistrate Tomllinson regarding reason we re-filed letter. Document 88 re-filed in place of document #85 which contained an incorrect Ex 5 by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Buzzetta, Danilo)
April 29, 2009 Opinion or Order Filing 88 Letter MOTION to Compel Jet Sanitation Service Corp. to comply with Rule 45 Subpoena Duces Tecum by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
April 29, 2009 Opinion or Order Filing 87 Letter Status Report by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
April 29, 2009 Opinion or Order Filing 86 Letter MOTION to Compel non-parties Jamaica Ash & Rubbish Removal Co., Inc. and Westbury Paper Stock Corp. to comply with Rule 45 Subpoenas Duces Tecum by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
April 28, 2009 Opinion or Order Filing 85 Letter MOTION to Compel subpoena upon non-party Jet by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Serota, James)
April 23, 2009 Opinion or Order Filing 84 RESPONSE in Opposition re #82 MOTION to Compel filed by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
April 23, 2009 Opinion or Order Filing 83 RESPONSE in Opposition re #81 MOTION for Protective Order Pursuant to Local Rule 37.3 filed by All Star Carts and Vehicles, Inc.. (Attachments: #1 Exhibit A) (Reese, Michael)
April 20, 2009 Opinion or Order Filing 82 MOTION to Compel by All Star Carts and Vehicles, Inc.. (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 J) (Reese, Michael)
April 20, 2009 Opinion or Order Filing 81 MOTION for Protective Order Pursuant to Local Rule 37.3 by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Serota, James)
April 10, 2009 Opinion or Order Filing 80 AFFIDAVIT/DECLARATION in Support re #66 MOTION to Disqualify Counsel Declaration of Kevin Nolan filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit 1) (Serota, James)
April 10, 2009 Opinion or Order Filing 79 AFFIDAVIT/DECLARATION in Support re #66 MOTION to Disqualify Counsel Reply Declaration of Daniel J. Buzzetta filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Serota, James)
April 10, 2009 Opinion or Order Filing 78 REPLY in Support of Motion to Disqualify Plaintiffs' Counsel filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
April 9, 2009 Opinion or Order Filing 77 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Disqualify Counsel filed by All Star Carts and Vehicles, Inc.. (Murphy, James)
April 3, 2009 Opinion or Order Filing 76 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Disqualify Counsel (waiver of conflict by non-party Jet Sanitation Service Corp.) filed by all plaintiffs. (Murphy, James)
April 3, 2009 Opinion or Order Filing 75 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Disqualify Counsel filed by Kussmaul Electronics Company, Inc.. (Murphy, James)
April 3, 2009 Opinion or Order Filing 74 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Disqualify Counsel filed by H.B. Millwork, Inc.. (Murphy, James)
April 3, 2009 Opinion or Order Filing 73 AFFIDAVIT/DECLARATION in Opposition re #66 MOTION to Disqualify Counsel of James F. Murphy, Esq. filed by all plaintiffs. (Attachments: #1 Exhibit Notice of Subpoena) (Murphy, James)
April 3, 2009 Opinion or Order Filing 72 MEMORANDUM in Opposition to Defendants' Motion Seeking Disqualification of Plaintiffs' Counsel, Lewis Johs filed by all plaintiffs. (Murphy, James)
March 23, 2009 Opinion or Order Filing 71 STIPULATION AND ORDER OF DISMISSAL as to Waste Management Inc., Waste Management New York, Allied Waste Industries, Allied Waste Of LI, Island Waste Services pursuant to Rule 41 of the Federal Rules of Civil Procedure without prejudice, with each side to bear its own costs and fees. Ordered by Senior Judge Leonard D. Wexler on 3/23/09. cm (Mierzejewski, Elizabeth) Modified on 4/1/2009 (Mierzejewski, Elizabeth).
March 20, 2009 Opinion or Order Filing 70 First MOTION for Extension of Time to Complete Discovery as to Electronic Data Only by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
March 19, 2009 Opinion or Order Filing 69 AFFIDAVIT/DECLARATION in Support re #66 MOTION to Disqualify Counsel filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Serota, James)
March 19, 2009 Opinion or Order Filing 68 AFFIDAVIT/DECLARATION in Support re #66 MOTION to Disqualify Counsel filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
March 19, 2009 Opinion or Order Filing 67 MEMORANDUM in Support re #66 MOTION to Disqualify Counsel filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
March 19, 2009 Opinion or Order Filing 66 MOTION to Disqualify Counsel by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
March 8, 2009 Opinion or Order Filing 65 RESPONSE in Opposition re #61 Letter MOTION to Disqualify Counsel filed by all plaintiffs. (Murphy, James)
March 6, 2009 Opinion or Order Filing 64 STIPULATION of Dismissal as against Defendants Allied Waste Industries, Inc., Allied Waste of Long Island, Inc. and Island Waste Services by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. (Murphy, James)
March 4, 2009 Opinion or Order Filing 63 Joint MOTION for Extension of Time to Complete Discovery by All Star Carts and Vehicles, Inc.. (Attachments: #1 Exhibit A (Proposed) Revised Schedule) (Reese, Michael)
March 4, 2009 Opinion or Order Filing 62 CASE MANAGEMENT STATEMENT (Attachments: #1 Exhibit A, #2 Exhibit B) (Reese, Michael)
March 4, 2009 Opinion or Order Filing 61 Letter MOTION to Disqualify Counsel by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
February 25, 2009 Opinion or Order Filing 60 Order Dismissing Parties: SO ORDERED this action in its entirety against defts Waste Management, Inc. and Waste Management of New York, LLC is hereby voluntarily dismissed with prejudice. Party Waste Management of New York, LLC and Waste Management, Inc. terminated. Ordered by Senior Judge Leonard D. Wexler on 2/25/2009. (Glueckert, Lisa)
February 24, 2009 Opinion or Order Filing 59 NOTICE of Voluntary Dismissal by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc. as against Defendants Waste Management, Inc. and Waste Management of New York, LLC (Murphy, James)
February 23, 2009 Opinion or Order Filing 58 ANSWER to #15 Amended Complaint - Answer to First Amended Class Action Complaint by BFI Canada Income Fund, IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
February 23, 2009 Opinion or Order Filing 57 ANSWER to #15 Amended Complaint Class Action Complaint by Allied Waste Industries, Inc., Allied Waste of Long Island, Inc., Island Waste Services, Ltd.. (Andriola, James)
February 13, 2009 Opinion or Order Filing 56 Letter MOTION for Protective Order Governing Production of Confidential Information by All Star Carts and Vehicles, Inc.. (Attachments: #1 Proposed Order Revised Proposed Protective Order Governing Production of Confidential Information) (Reese, Michael)
February 4, 2009 Opinion or Order Filing 55 MEMORANDUM AND ORDER granting in part and denying in part #37 Motion to Dismiss; denying #49 Motion to Dismiss. The Court grants in part, and denies in part Defendants' motions to dismiss. All claims against IESI NY are dismissed for lack of personal jurisdiction. The motion to dismiss the claims against BFI and IESI for lack of Personal jurisdiction is DENIED. The court grants the motion to dismiss Plaintiffs' claim pursuant to Section 1 of the Sherman Act. As to Section 2 of the Sherman Act, the court grants the motion to dismiss any claim of conspiracy, but denies the motion to dismiss the claim of attempted monopolization. The Clerk of Court is directed to terminate the motions to dismiss. Ordered by Senior Judge Leonard D. Wexler on 2/4/2009. (Mierzejewski, Elizabeth)
January 20, 2009 Opinion or Order Filing 54 RESPONSE in Opposition re #53 Joint MOTION for Protective Order with Plaintiffs' Proposed Protective order filed by all plaintiffs. (Attachments: #1 Proposed Order) (Murphy, James)
January 14, 2009 Opinion or Order Filing 53 Joint MOTION for Protective Order by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc., Waste Management of New York, LLC, Allied Waste of Long Island, Inc., Island Waste Services, Ltd.. (Attachments: #1 Proposed Order) (Burke, Kevin)
December 22, 2008 Opinion or Order Filing 52 REPLY in Support re #49 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by all defendants. (Burke, Kevin)
December 22, 2008 Opinion or Order Filing 51 MEMORANDUM in Opposition re #49 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by all plaintiffs. (Burke, Kevin)
December 22, 2008 Opinion or Order Filing 50 MEMORANDUM in Support re #49 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by all defendants. (Burke, Kevin)
December 22, 2008 Opinion or Order Filing 49 MOTION to Dismiss First Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc., Waste Management of New York, LLC, Allied Waste of Long Island, Inc., Island Waste Services, Ltd.. (Burke, Kevin)
December 22, 2008 Opinion or Order Filing 48 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 47 REPLY in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 46 AFFIDAVIT/DECLARATION in Opposition re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 45 MEMORANDUM in Opposition re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 44 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 43 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B-1, #5 Exhibit B-2, #6 Exhibit C) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 42 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B-1, #5 Exhibit B-2) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 41 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 40 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 39 AFFIDAVIT/DECLARATION in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2) (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss First Amended Class Action Complaint filed by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
December 22, 2008 Opinion or Order Filing 37 MOTION to Dismiss First Amended Class Action Complaint by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Buzzetta, Danilo)
November 18, 2008 Opinion or Order Filing 36 Letter to Magistrate Tomlinson Regarding Production of ESI by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc., All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc., Waste Management of New York, LLC, Allied Waste of Long Island, Inc., Island Waste Services, Ltd. (Burke, Kevin)
October 20, 2008 Opinion or Order Filing 35 CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a) is October 17, 2008; First request for production of documents and first request for interrogatories due by November 24, 2008; Responses to first request for production of documents and first request for interrogatories due by: January 6, 2009; Deadline for joinder of additional parties and amendment of pleadings is January 29, 2009; Status Conference is set for March 9, 2009, at 10:30 a.m.; Deadline for serving opening brief on motion for class certification is March 24, 2009; Initial expert reports, if any, to be served by May 1, 2009; Rebuttal reports, if any, to be served by June 9, 2009; All discovery, except expert depositions if any, to be completed by June 9, 2009; Dispositive motion process (i.e., filing of request for pre-motion conference) started by June 23, 2009; Expert Depositions to be completed by July 1, 2009; Joint pretrial order due by July 7 2009; Pretrial Conference will be held on July 14, 2009, at 2:30 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/14/2008. (Tomlinson, A.)
October 20, 2008 Opinion or Order Filing 34 Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 10/14/2008. Motion for Extension of Time and Stay of Discovery #31 is DENIED. SCHEDULING: The discovery status conference will be held on March 3, 2009 at 10:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.The parties appeared today before Judge Wexler today for a pre-motion conference for purposes of filing the motion and the parties worked out a briefing schedule. As discussed with the parties today, the motion for a stay is denied. 2. The parties met for a Rule 26(f) conference. However, based upon the denial of the motion for a stay as well as our discussions during today's conference, I am amending the discovery plan submitted by the parties in order to comply with Judge Wexler's Rules. The Case Management and Scheduling Order will be entered separately. Defendants are to serve their Initial Disclosures pursuant to Rule 26(a) by October 17. 3. The parties have until November 18, 2008 to confer and reach an agreement on the method by which electronically stored information shall be produced in this case. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 10/14/08. (Tomlinson, A.)
October 15, 2008 Opinion or Order ORDER. This matter is hereby referred to Hon. A. Kathleen Tomlinson, USMJ for the purpose of conducting all non-dispositive pretrial matters. So Ordered by Senior Judge Leonard D. Wexler on 10/15/08. (Shields, Anne)
October 10, 2008 Opinion or Order Filing 33 Letter in reply and opposition to defendants' letter motion for a stay of discovery pursuant to Fed.R.Civ.P.26(c) by All Star Carts and Vehicles, Inc. (Murphy, James)
October 10, 2008 Opinion or Order Filing 32 REPORT of Rule 26(f) Planning Meeting (Burke, Kevin)
October 8, 2008 Opinion or Order Filing 31 MOTION for Extension of Time to File Discovery Documents by Waste Management, Inc., Waste Management of New York, LLC. (Burke, Kevin)
October 3, 2008 Opinion or Order Filing 30 SCHEDULING ORDER: Initial Conference set for 10/14/2008 before Magistrate Judge A. Kathleen Tomlinson. No later than two business days before the discovery planning conference, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/03/08. (Jacobwitz, Beth)
September 26, 2008 Opinion or Order ORDER re #23 Letter filed by Island Waste Services, Ltd., BFI Canada Income Fund, IESI NY, Corp., IESI, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., #28 Letter filed by All Star Carts and Vehicles, Inc. Counsel are directed to appear for a pre-motion conference to be held before this court on Tuesday October 14, 2008 at 1O:30 A.M. So Ordered by Senior Judge Leonard D. Wexler on 9/26/08. (Shields, Anne)
September 17, 2008 Opinion or Order Filing 29 NOTICE of Appearance by Danilo J. Buzzetta on behalf of BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Island Waste Services, Ltd. (aty to be noticed) (Buzzetta, Danilo)
September 16, 2008 Opinion or Order Filing 28 Letter in Response to Defendants' Ltr Re Pre-Motion Conf by All Star Carts and Vehicles, Inc. (Murphy, James)
September 11, 2008 Opinion or Order Filing 27 NOTICE of Appearance by Samer M. Musallam on behalf of Waste Management, Inc., Waste Management of New York, LLC (aty to be noticed) (Musallam, Samer)
September 11, 2008 Opinion or Order Filing 26 NOTICE of Appearance by James G. Kress on behalf of Waste Management, Inc., Waste Management of New York, LLC (aty to be noticed) (Kress, James)
September 11, 2008 Opinion or Order Filing 25 ORDER granting #22 Motion for Leave to Appear pro hac vice. Attorney Samer Musallam is permitted to argue or try this case in whole or in part as counsel or advocate. By September 25, 2008, Mr. Musallam shall register for ECF. Registration is available online at the EDNYs homepage. Once registered, Mr. Musallam shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Musallam, shall also ensure that the $25 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/25/08. (Jacobwitz, Beth)
September 11, 2008 Opinion or Order Filing 24 ORDER granting #21 Motion for Leave to Appear pro hac vice. Attorney James G. Kress is permitted to argue or try this case in whole or in part as counsel or advocate. By September 25, 2008, Mr. Kress shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Kress shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Kress shall also ensure that the $25 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/11/08. (Jacobwitz, Beth)
September 9, 2008 Opinion or Order Filing 23 Letter per individual rules requesting pre-motion conference by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Island Waste Services, Ltd. (Serota, James)
September 2, 2008 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice for Samer Musallam Filing fee $ 25, receipt number 02070000000003113109. by Waste Management, Inc., Waste Management of New York, LLC. (Attachments: #1 Affirmation of Kevin A. Burke in Support of Motion to Admit Samer Musallam Pro Hac Vice, #2 Exhibit A to Affirmation of Kevin A. Burke in Support of Motion to Admit Samer Musallam Pro Hac Vice, #3 Exhibit B to Affirmation of Kevin A. Burke in Support of Motion to Admit Samer Musallam Pro Hac Vice) (Burke, Kevin)
September 2, 2008 Opinion or Order Filing 21 MOTION for Leave to Appear Pro Hac Vice for James G. Kress by Waste Management, Inc., Waste Management of New York, LLC. (Attachments: #1 Affirmation of Kevin A. Burke in Support of Motion to Admit James G. Kress Pro Hac Vice, #2 Exhibit A to Affirmation of Kevin A. Burke in Support of Motion to Admit James G. Kress Pro Hac Vice, #3 Exhibit B to Affirmation of Kevin A. Burke in Support of Motion to Admit James G. Kress Pro Hac Vice, #4 Exhibit C to Affirmation of Kevin A. Burke in Support of Motion to Admit James G. Kress Pro Hac Vice, #5 Receipt for Payment of $25 Pro Hac Vice Fee for James G. Kress (Agency Tracking ID: 02070000000003112980)) (Burke, Kevin)
August 18, 2008 Opinion or Order Filing 20 NOTICE of Appearance by Ethan E. Litwin on behalf of Waste Management, Inc., Waste Management of New York, LLC (aty to be noticed) (Litwin, Ethan)
August 6, 2008 Opinion or Order ORDER granting #19 Motion for Extension of Time to Answer Defendants' answer due 9/10/2008. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/06/08. (Jacobwitz, Beth)
August 5, 2008 Opinion or Order Filing 19 MOTION for Extension of Time to File Answer re #15 Amended Complaint by Allied Waste of Long Island, Inc., Island Waste Services, Ltd., BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc., All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc., Waste Management of New York, LLC. (Burke, Kevin)
August 5, 2008 Opinion or Order Filing 18 Corporate Disclosure Statement by Waste Management, Inc., Waste Management of New York, LLC (Burke, Kevin)
August 5, 2008 Opinion or Order Filing 17 NOTICE of Appearance by Kevin A. Burke on behalf of Waste Management of New York, LLC, Waste Management, Inc. (aty to be noticed) (Burke, Kevin)
July 21, 2008 Opinion or Order Filing 16 NOTICE of Appearance by Steven A. Miller on behalf of Allied Waste Industries, Inc. (aty to be noticed) (Miller, Steven)
July 17, 2008 Opinion or Order Filing 15 AMENDED COMPLAINT (First Amended) against all defendants, filed by All Star Carts and Vehicles, Inc.. (Murphy, James)
July 7, 2008 Opinion or Order Filing 14 ORDER granting #12 Motion for Leave to Appear pro hac vice. Attorney Steven A. Miller is permitted to argue or try this case in whole or in part as counsel or advocate. By July 21, 2008, Mr. Miller shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Miller shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Miller shall also ensure that the $25 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/7/08. (Jacobwitz, Beth)
July 7, 2008 Opinion or Order ORDER granting #8 Motion for Extension of Time to Answer. Defendants' answer due 8/8/2008. Ordered by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth)
June 26, 2008 Opinion or Order Filing 13 NOTICE of Appearance by Lawrence Kill on behalf of Allied Waste Industries, Inc. (aty to be noticed) (Kill, Lawrence)
June 25, 2008 Opinion or Order Filing 12 First MOTION for Leave to Appear Pro Hac Vice Steven A. Miller by Allied Waste Industries, Inc.. (Attachments: #1 Exhibit Certificates of Good Standing) (Menachemi, Efrat)
June 23, 2008 Opinion or Order Filing 11 NOTICE of Appearance by Efrat Menachemi on behalf of Allied Waste Industries, Inc. (aty to be noticed) (Menachemi, Efrat)
June 23, 2008 Opinion or Order Filing 10 Corporate Disclosure Statement by Allied Waste Industries, Inc. (Andriola, James)
June 23, 2008 Opinion or Order Filing 9 NOTICE of Appearance by James M. Andriola on behalf of Allied Waste Industries, Inc. (aty to be noticed) (Andriola, James)
June 6, 2008 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
June 5, 2008 Opinion or Order ORDER denying #7 Motion for Extension of Time to Answer. The parties' June 4, 2008 Stipulation does not comply with my Individual Practice Rule I(D) because it fails to state the reason why the extension is necessary. Additionally, the Court will not "So Order" a blanket authorization for Plaintiff to extend Defendants' time to answer without Court approval. Accordingly, the Stipulation is hereby rejected without prejudice with leave to resubmit upon proper compliance with my Individual Rules. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/5/08. (Jacobwitz, Beth)
June 4, 2008 Opinion or Order Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc.. (Serota, James)
June 4, 2008 Opinion or Order Filing 6 Corporate Disclosure Statement by BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc. (Serota, James)
June 2, 2008 Opinion or Order Filing 5 SUMMONS Returned Executed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
June 2, 2008 Opinion or Order Filing 4 SUMMONS Returned Executed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. IESI, Corp. served on 5/20/2008, answer due 6/9/2008. (Murphy, James)
June 2, 2008 Opinion or Order Filing 3 AFFIDAVIT of Service for Summons & Complaint served on Winters Brother Waste Systems, Inc. on May 20, 2008, filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Murphy, James)
May 30, 2008 Opinion or Order Filing 2 SUMMONS Returned Executed by All Star Carts and Vehicles, Inc.. IESI NY, Corp. served on 5/20/2008, answer due 6/9/2008. (Murphy, James)
May 5, 2008 Opinion or Order Filing 1 COMPLAINT ( Receipt# 26270) against BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc. $ 350, filed by All Star Carts and Vehicles, Inc., H.B. Millwork, Inc., Kussmaul Electronics Company, Inc.. (Attachments: #1 Civil Cover Sheet) (Duong, Susan)
May 5, 2008 Opinion or Order Summons Issued as to BFI Canada Income Fund, IESI, Corp., IESI NY, Corp., Winters Bros. Recycling Corp., Winters Bros. Waste Systems, Inc., Waste Management, Inc., Allied Waste Industries, Inc.. (Duong, Susan)
May 5, 2008 Opinion or Order Case Ineligible for Arbitration (Bollbach, Jean)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: All Star Carts and Vehicles, Inc. et al v. BFI Canada Income Fund et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: All Star Carts and Vehicles, Inc.
Represented By: James F. Murphy
Represented By: Michael Robert Reese
Represented By: David W. Fink
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: H.B. Millwork, Inc.
Represented By: David W. Fink
Represented By: James F. Murphy
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Kussmaul Electronics Company, Inc.
Represented By: David W. Fink
Represented By: James F. Murphy
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BFI Canada Income Fund
Represented By: Danilo J. Buzzetta
Represented By: John Joseph Elliott
Represented By: Michael Robert Reese
Represented By: Scott Allan Martin
Represented By: James I. Serota
Represented By: Roy Taub
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: IESI, Corp.
Represented By: Danilo J. Buzzetta
Represented By: James I. Serota
Represented By: John Joseph Elliott
Represented By: Michael Robert Reese
Represented By: Roy Taub
Represented By: Scott Allan Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: IESI NY, Corp.
Represented By: Danilo J. Buzzetta
Represented By: John Joseph Elliott
Represented By: Michael Robert Reese
Represented By: James I. Serota
Represented By: Roy Taub
Represented By: Scott Allan Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Winters Bros. Recycling Corp.
Represented By: Roy Taub
Represented By: Danilo J. Buzzetta
Represented By: James I. Serota
Represented By: John Joseph Elliott
Represented By: Michael Robert Reese
Represented By: Scott Allan Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Winters Bros. Waste Systems, Inc.
Represented By: Danilo J. Buzzetta
Represented By: John Joseph Elliott
Represented By: James I. Serota
Represented By: Scott Allan Martin
Represented By: Michael Robert Reese
Represented By: Roy Taub
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Waste Management, Inc.
Represented By: Ethan E. Litwin
Represented By: James G. Kress
Represented By: Kevin A. Burke
Represented By: Samer M. Musallam
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Allied Waste Industries, Inc.
Represented By: James M. Andriola
Represented By: Lawrence Kill
Represented By: Michael Robert Reese
Represented By: Efrat Cohen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Waste Management of New York, LLC
Represented By: Kevin A. Burke
Represented By: Ethan E. Litwin
Represented By: James G. Kress
Represented By: Samer M. Musallam
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Allied Waste of Long Island, Inc.
Represented By: James M. Andriola
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Island Waste Services, Ltd.
Represented By: Danilo J. Buzzetta
Represented By: James M. Andriola
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Jet Sanitation Service Corp
Represented By: Joseph Michael Gitto
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Jamaica Ash & Rubbish Removal Co. Inc.
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Westbury Paper Stock Corp.
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: V. Garofalo Carting, Inc.
Represented By: Edward L. Wolf
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: Daniel Finley Allen & Co, Inc.
Represented By: Stephen P. Scaring
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Liberty Ashes Inc.
Represented By: Andrew E. Gutman
Represented By: Michael Robert Reese
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?