Markey et al v. Lapolla Industries, Inc. et al
| Neil Markey and Kristine Markey |
| Delfino Insulation Company, Inc., Lapolla International, Inc. and Lapolla Industries, Inc. |
| John G Griffin |
| Energy Independence, Inc. and Energy Independence, Inc. doing business as Spray Foam Nation, a New York Corporation |
| Morelli Alters Ratner, LLP |
| 2:2012cv04622 |
| September 14, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A Kathleen Tomlinson |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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ELECTRONIC ORDER withdrawing #141 Motion to Amend/Correct/Supplement; granting #142 Motion to Withdraw. Defendant Lapolla Industries, Inc.'s request to withdraw its Motion for Judgment Nunc Pro Tunc (Docket Entry 142) is GRANTED, and its Motion for Judgment Nunc Pro Tunc (Docket Entry 141) is deemed WITHDRAWN. Ordered by Judge Joanna Seybert on 12/15/2017. (Torreblanca, David)
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| Filing 142 MOTION to Withdraw #141 MOTION to Amend/Correct/Supplement #140 Judgment on Attorney Fees,, by Lapolla Industries, Inc.(a Delaware Corporation). (Russell, Dylan) |
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ELECTRONIC ORDER re #141 MOTION to Amend/Correct/Supplement #140 Judgment on Attorney Fees, filed by Lapolla Industries, Inc. Morelli Alters Ratner is directed to respond to Defendant Lapolla Industries, Inc.'s motion to amend the judgment (Docket Entry 141) on or before December 19, 2017 and to address whether Morelli Alters LLP and the Morelli Law Firm are successors to Morelli Alters Ratner. Ordered by Judge Joanna Seybert on 12/11/2017. (Torreblanca, David)
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| Filing 141 MOTION to Amend/Correct/Supplement #140 Judgment on Attorney Fees,, by Lapolla Industries, Inc.. (Russell, Dylan) |
| Filing 140 JUDGMENT For Attorneys' Fees and Costs - ORDERED AND ADJUDGED that defendants Lapolla Industries, Inc., and Lapolla International Inc.'s fee application is granted in part and denied in part; that defendants Lapolla Industries, Inc., and Lapolla International Inc., are awarded attorneys' fees and costs as follows: (1) $40,935 in attorneys' fees to Hoover Slovacek LLP, (2) $746.70 in attorneys' fees to Greenbaum, Rowe, Smith & Davis LLP and (3) $2,429.28 in costs to Hoover Slovacek LLP; and that this case is closed. Signed by Douglas C. Palmer, Clerk of Court on 9/28/2017. C/ECF (Valle, Christine) |
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Filing 139
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Judge Tomlinson's R&R (Docket Entry 136) is ADOPTED in its entirety, MAR's Objections (Docket Entry 137) and Lapolla's Objections (Docket Entry 138) are OVERRULED, and Lapolla's fee application (Docket Entry 129) is GRANTED IN PART and DENIED IN PART. Lapolla is awarded the following attorneys' fees and costs: $40,935 in attorneys' fees to Hoover Slovacek ($1,020 for review of the Maul Emails and $39,915 for time spent drafting the Sanctions Motion and post-hearing brief), $746.70 in attorneys' fees to Greenbaum Rowe, and $2,429.28 in costs to Hoover Slovacek. Lapolla's pending letter motions (Docket Entries 133 and 134) are TERMINATED AS MOOT. The Clerk of the Court is directed to enter judgment accordingly and mark this case CLOSED. So Ordered by Judge Joanna Seybert on 9/26/2017. C/ECF (Valle, Christine)
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| Filing 138 OBJECTION to #136 Report and Recommendations filed by Lapolla Industries, Inc.. (Attachments: #1 Exhibit Attachment 1) (Russell, Dylan) |
| Filing 137 OBJECTION to #136 Report and Recommendations filed by Morelli Alters Ratner, LLP. (Sirotkin, David) |
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Filing 136
REPORT AND RECOMMENDATIONS Re: #133 Attorneys Fees Application. PLEASE SEE ATTACHED ORDER. So Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/24/2017. (Ortiz, Grisel)
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| Filing 135 Letter Regarding Fee Application by Neil Markey (Purcell, A.) |
| Filing 134 MOTION for Hearing by Lapolla Industries, Inc.(a Delaware Corporation). (Russell, Dylan) |
| Filing 133 Letter MOTION for Attorney Fees by Lapolla Industries, Inc.. (Russell, Dylan) |
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Filing 132
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - For the foregoing reasons, MAR and Lapolla's respective objections are OVERRULED and Judge Tomlinson's R&R is ADOPTED in its entirety. Lapolla's Fee Application (Docket Entry 129) is REFERRED to Judge Tomlinson for a REPORT AND RECOMMENDATION on the appropriate amount of attorneys' fees and costs to be awarded. So Ordered by Judge Joanna Seybert on 1/26/2016. C/ECF (Valle, Christine)
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| Filing 131 REPLY in Opposition re #129 Reply in Support, Brief in Opposition to Defendant Lapolla Industries, Inc.'s Fee Application filed by Morelli Alters Ratner, LLP. (Attachments: #1 Certificate of Service) (Sirotkin, David) |
| Email Notification Test - DO NOT REPLY. (Valle, Christine) |
| Filing 130 NOTICE of Change of e-mail address by Clifford B. Kornbrek (Kornbrek, Clifford) |
| Filing 129 REPLY in Support re Notice of MOTION for Sanctions See #88 Notice, #126 REPORT AND RECOMMENDATIONS re Notice of MOTION for Sanctions See #88 Notice filed by Lapolla Industries, Inc. FEE APPLICATION filed by Lapolla Industries, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Russell, Dylan) |
| Filing 128 OBJECTION to #126 Report and Recommendations filed by Lapolla Industries, Inc.. (Russell, Dylan) |
| Filing 127 OBJECTION to #126 Report and Recommendations filed by Morelli Alters Ratner, LLP. (Attachments: #1 Certificate of Service) (Ratner, David) |
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Filing 126
REPORT AND RECOMMENDATIONS re Notice of MOTION for Sanctions. This Court respectfully recommends to Judge Seybert that the motion be GRANTED, in part, and DENIED, in part, in accordance with the attached Report and Recommendation. Objections, if any, must be filed in accordance with this Order. SEE ATTACHED REPORT AND RECOMMENDATION for additional information. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/25/2015. (Kandel, Erin)
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| Filing 125 Letter responding to Plaintiffs' improper "motion" for sanctions by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 124 MEMORANDUM in Opposition to Lapolla's Post-Hearing Brief filed by Morelli Alters Ratner, LLP. (Attachments: #1 Certificate of Service) (Ratner, David) |
| Filing 123 MEMORANDUM in Opposition re #94 Response in Opposition to Motion for Sanctions by Lapolla filed by Kristine Markey. (Purcell, A.) |
| Filing 122 MEMORANDUM in Support re Notice of MOTION for Sanctions See #88 Notice Post-Hearing Brief filed by Lapolla Industries, Inc.. (Russell, Dylan) |
| Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 23, 2015, before Judge Tomlinson. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 631-712-6105. Email address: ronald_tolkin@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2015. Redacted Transcript Deadline set for 5/22/2015. Release of Transcript Restriction set for 7/20/2015. (Tolkin, Ronald) |
| Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Evidentiary Hearing held on 4/17/2015. Appearances: for Plaintiff: A. Craig Purcell, David Sirotkin, David Ratner; for Defendant: Matthew Kornhauser, Dylan Russell. Witnesses sworn and testified. Exhibits entered. Evidentiary Hearing concluded. (Court Reporter Paul Lombardi, Perry Auerbach.) (Ryan, Mary) |
| Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Evidentiary Hearing held on 4/6/2015. Appearances: for Plaintiff: A. Craig Purcell, David Sirotkin, David Ratner; for Defendant: Matthew Kornhauser, Dylan Russell. Witnesses sworn and testified. Exhibits entered. Evidentiary Hearing to continue on 4/17/2015 at 10:00 A.M. in Courtroom 910 before Magistrate Judge A. Kathleen Tomlinson. (Court Reporter Dominick Tursi.) (Ryan, Mary) |
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ORDER deeming moot #115 Motion to Quash; denying #118 Motion to Quash. The motion to quash by Attorney Purcell [DE 115] is DEEMED MOOT in light of DE 120 withdrawing the subject subpoena. The motion to quash by Attorney Griffin [DE 118] is DENIED with limitations set forth on the record during the April 6, 2015 hearing. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/6/2015. (Kandel, Erin)
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| Filing 120 RESPONSE to Motion re #115 MOTION to Quash Subpoena and notice withdrawing subject subpoena filed by Lapolla Industries, Inc.. (Russell, Dylan) |
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Filing 119
ORDER deferring ruling on #115 Motion to Quash; deferring ruling on #118 Motion to Quash. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/1/2015. (Kandel, Erin)
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| Filing 118 Letter MOTION to Quash Subpoena to Appear and Testify at Evidentiary Hearing scheduled for 4/6/2015 at 10:00 a.m. by John G Griffin. (Ryan, Mary) |
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ORDER terminating #92 Motion to Amend/Correct/Supplement. This motion will be determined in conjunction with the decision to be rendered on Defendant LaPolla's motion for sanctions [DE 88] once the evidentiary hearing has been completed. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/31/2015. (Kandel, Erin)
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| Filing 117 REPLY to Response to Motion re #115 MOTION to Quash Subpoena filed by Kristine Markey. (Purcell, A.) |
| Filing 116 RESPONSE to Motion re #115 MOTION to Quash Subpoena filed by Lapolla Industries, Inc.(a Delaware Corporation). (Russell, Dylan) |
| Filing 115 MOTION to Quash Subpoena by Kristine Markey. (Attachments: #1 Exhibit) (Purcell, A.) |
| Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Evidentiary Hearing held on 3/23/2015. Appearances: for Plaintiff: A. Craig Purcell, David Sirotkin, David Ratner; for Defendant: Matthew Kornhauser, Dylan Russell. Witnesses sworn and testified. Exhibits entered. Evidentiary Hearing to continue on 4/6/2015 at 10:00 A.M. in Courtroom 910 before Magistrate Judge A. Kathleen Tomlinson. (Court Reporter Ronald Tolkin.) (Ryan, Mary) |
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SCHEDULING ORDER: The telephone status conference previously scheduled for February 10, 2015 before Judge Tomlinson is hereby CANCELLED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/9/2015. (Kandel, Erin)
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Filing 114
ORDER DENYING #111 Motion to Compel Depositions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/6/2015. (Ryan, Mary)
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| Filing 113 MEMORANDUM in Opposition to Motion to Compel Deposition filed by Kristine Markey. (Purcell, A.) |
| Filing 112 MEMORANDUM in Opposition re #111 MOTION to Compel Depositions filed by Morelli Alters Ratner, LLP. (Sirotkin, David) |
| Filing 111 MOTION to Compel Depositions by Lapolla Industries, Inc.(a Delaware Corporation). (Russell, Dylan) |
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Filing 110
ORDER granting #84 Motion to Dismiss; This action is DISMISSED but the Court retains jurisdiction to resolve Defendant Lapolla Industries pending motion for sanctions at Docket Entry #88 . So Ordered by Judge Joanna Seybert on 2/3/2015. C/ECF (Valle, Christine)
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SCHEDULING ORDER: re #109 Letter filed by Lapolla Industries, Inc. The evidentiary hearing on Defendant LaPolla's Motion for Sanctions will now be held on March 23, 2015 at 10 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/29/2015. (Kandel, Erin)
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| Filing 109 Letter rescheduling evidentiary hearing by Lapolla Industries, Inc. (Russell, Dylan) |
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ORDER granting #107 Motion to Adjourn Conference. The Court has received the request by Attorney Ratner to reschedule the February 27, 2015 evidentiary hearing on Defendant LaPolla's Motion for Sanctions. That request is hereby GRANTED. The Court has availability to re-schedule the hearing for March 20, 2015 at 1:30 p.m.; March 23, 2015 at 10 a.m.; or March 24, 2015 at 1:30 p.m. The parties must contact the Court by the close of business on January 28, 2015 to reserve one of these dates. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/23/2015. (Kandel, Erin)
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| Filing 108 NOTICE of Change of Firm Name, Address and Email by David T. Sirotkin (Sirotkin, David) |
| Filing 107 MOTION to Adjourn Conference regarding Defendant LaPolla's Motion for Sanctions by Morelli Alters Ratner, LLP. (Ratner, David) |
| Filing 106 NOTICE by Lapolla Industries, Inc. re #105 Order Setting Hearing on Motion, of Proof of Service (Russell, Dylan) |
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Filing 105
ORDER Setting Hearing on Motion DE 88 MOTION for Sanctions: Evidentiary Hearing set for 2/27/2015 10:00 AM in Courtroom 910 before Magistrate Judge A. Kathleen Tomlinson. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/6/2015. (Kandel, Erin)
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Filing 104
REFERRAL ORDER Re: #88 Motion for Sanctions filed by Lapolla Industries, Inc. referred to Magistrate Judge A. Kathleen Tomlinson for a Report and Recommendation on whether the motion should be granted and, if necessary, to determine the appropriate amount of fees and/or costs to be awarded. So Ordered by Judge Joanna Seybert on 12/15/2014. C/ECF (Valle, Christine)
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| Filing 103 Consent MOTION to Continue Pre-Trial Conference on12-10-2014 at 3pm by Lapolla Industries, Inc.. (Russell, Dylan) |
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ORDER granting #103 Motion to Continue. The Court hereby GRANTS counsel's request to adjourn the Pre-Trial Conference in light of the current posture of this case. The Court is setting this case down for a control date telephone status conference on February 10, 2015 at 10:30 a.m. Plaintiff's counsel is directed to initiate the call to Chambers with all parties on the line. The Court requests that all parties use a landline. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/8/2014. (Kandel, Erin)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the Court needs to move the time of the December 10, 2014 pre-trial conference. The conference will now proceed at 3 p.m. (rather than the original 2:30 p.m. time). Counsel are requested to mark their calendars accordingly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/5/2014. (Kandel, Erin)
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| Filing 102 REPLY in Support re #92 First MOTION to Amend/Correct/Supplement #89 Memorandum in Support,,, , Notice of MOTION for Sanctions See #88 Notice filed by Lapolla Industries, Inc.. (Attachments: #1 Exhibit 36) (Russell, Dylan) |
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Electronic ORDER re #101 Letter filed by Lapolla Industries, Inc. Over objection, the time for Lapolla to file a reply to the motion for sanctions is extended to on or before October 10, 2014. The Court notes, however, that counsel has not followed the Court's instruction to file such requests as a motion. No further extensions will be granted absent extraordinary circumstances. Ordered by Judge Joanna Seybert on 9/12/2014. (Amandola, Rose)
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| Filing 101 Letter Requesting 2nd and Final Extension of Time to File Reply on Motion for Sanctions by Lapolla Industries, Inc. (Russell, Dylan) |
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ELECTRONIC ORDER re #100 Letter filed by Lapolla Industries, Inc. Lapolla's request for an extension of time to file a reply in further support of its motion for sanctions is GRANTED. However, all future requests shall be filed a motion and all future communications regarding this motion shall be directed to the undersigned. Ordered by Judge Joanna Seybert on 9/2/2014. (Mascia, Raymond)
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| Filing 100 Letter requesting 2-week extension on Reply to Motion for Sanctions by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 99 AFFIDAVIT/DECLARATION in Support re #84 Notice of MOTION to Dismiss Voluntarily filed by Delfino Insulation Company, Inc.. (Gifford, Robert) |
| Filing 98 CERTIFICATE OF SERVICE by Kristine Markey re #95 Affidavit in Opposition to Motion, Response to Motion,,,, #96 Memorandum in Opposition (Purcell, A.) |
| Filing 97 MEMORANDUM in Opposition re #88 Notice(Other) To Defendant Lapolla Industries, Inc.'s Motion for Sanctions filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Ratner, David) |
| Filing 96 MEMORANDUM in Opposition re Notice of MOTION for Sanctions See #88 Notice filed by All Plaintiffs. (Purcell, A.) |
| Filing 95 AFFIDAVIT/DECLARATION in Opposition re Notice of MOTION for Sanctions See #88 Notice Plaintiff's, RESPONSE to Motion re Notice of MOTION for Sanctions See #88 Notice filed by Kristine Markey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Purcell, A.) |
| Filing 94 RESPONSE in Opposition re #84 Notice of MOTION to Dismiss Voluntarily, Notice of MOTION for Sanctions See #88 Notice filed by Kristine Markey, Neil Markey. (Purcell, A.) |
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ELECTRONIC ORDER granting #93 Motion for Extension of Time to File Response/Reply. On consent, Plaintiffs' request for an extension of time to oppose the motion for sanctions is GRANTED. Plaintiffs shall file an opposition on or before August 14, 2014. Defendants shall file a reply, if any, on or before August 29, 2014. Ordered by Judge Joanna Seybert on 7/29/2014. (Mascia, Raymond)
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| Filing 93 Second MOTION for Extension of Time to File Response/Reply by Kristine Markey. (Purcell, A.) |
| Filing 92 First MOTION to Amend/Correct/Supplement #89 Memorandum in Support,,, by Lapolla Industries, Inc.. (Attachments: #1 Exhibit 35) (Russell, Dylan) |
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ELECTRONIC ORDER granting #91 Motion for Extension of Time to File Response/Reply. On consent, Plaintiffs' request for an extension of time to oppose Defendants' motion for sanctions is GRANTED. Plaintiffs shall file an opposition on or before July 31, 2014. Defendants shall file a reply, if any, on or before August 15, 2014. Ordered by Judge Joanna Seybert on 7/14/2014. (Mascia, Raymond)
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| Filing 91 First MOTION for Extension of Time to File Response/Reply by Kristine Markey. (Purcell, A.) |
| Filing 90 CERTIFICATE OF SERVICE by Lapolla Industries, Inc. re #88 Notice(Other), #89 Memorandum in Support,,, Notice of MOTION for Sanctions See #88 Notice, #87 Response in Opposition to Motion (Russell, Dylan) |
| Notice of MOTION for Sanctions See #88 Notice by Lapolla Industries, Inc.. (Valle, Christine) |
| Filing 89 MEMORANDUM in Support re #88 Notice(Other) of Motion for Sanctions filed by Lapolla Industries, 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit A, #17 Exhibit B, #18 Exhibit C, #19 Exhibit D, #20 Exhibit E, #21 Exhibit F, #22 Exhibit G, #23 Exhibit H, #24 Exhibit I, #25 Exhibit J, #26 Exhibit K, #27 Exhibit L, #28 Exhibit 16, #29 Exhibit 17, #30 Exhibit 18, #31 Exhibit 19, #32 Exhibit 20, #33 Exhibit 21, #34 Exhibit 22, #35 Exhibit 23, #36 Exhibit 24, #37 Exhibit 25, #38 Exhibit 26, #39 Exhibit 27, #40 Exhibit 28, #41 Exhibit 29, #42 Exhibit 30, #43 Exhibit 31, #44 Exhibit 32, #45 Exhibit 33, #46 Exhibit 34) (Russell, Dylan) |
| Filing 88 NOTICE by Lapolla Industries, Inc. re #84 Notice of MOTION to Dismiss Voluntarily, #87 Response in Opposition to Motion (Russell, Dylan) |
| Filing 87 RESPONSE in Opposition re #84 Notice of MOTION to Dismiss Voluntarily filed by Lapolla Industries, Inc.. (Russell, Dylan) |
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ELECTRONIC ORDER granting #86 Motion for Extension of Time to File Response/Reply. Defendant's request for an extension of time to oppose Plaintiffs' motion to dismiss is GRANTED. Defendant shall file opposition papers on or before July 8, 2014. Plaintiffs shall file a reply, if any, on or before July 15, 2014. Ordered by Judge Joanna Seybert on 6/9/2014. (Mascia, Raymond)
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| Filing 86 MOTION for Extension of Time to File Response/Reply as to #84 Notice of MOTION to Dismiss Voluntarily by Lapolla Industries, Inc.. (Russell, Dylan) |
| Filing 85 Letter requesting consideration of forthcoming motion for costs and sanctions before Court rules on any motion to dismiss by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 84 Notice of MOTION to Dismiss Voluntarily by Kristine Markey. Responses due by 6/10/2014 (Attachments: #1 Affirmation In Support, #2 Affidavit Plaintiff's Affidavit in Support, #3 Certificate of Service, #4 Proposed Order) (Purcell, A.) |
| Filing 83 NOTICE of Appearance by A. Craig Purcell on behalf of All Plaintiffs (aty to be noticed) (Purcell, A.) |
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ORDER re #81 . The Court acknowledges receipt of the May 1, 2014 letter from counsel for Delfino Insulation Company, Inc. and agrees that a letter motion is no longer necessary. Outgoing counsel David Ratner is directed to serve a copy of this Electronic Order upon the Markeys by first-class mail. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/6/2014. (Tomlinson, A.)
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| Filing 82 Minute Order for proceedings held before Judge Joanna Seybert: Motion Hearing held on 5/1/2014 re: #76 First MOTION to Withdraw as Attorney for Kristine Markey, Neil Markey; granting #76 Motion to Withdraw as Attorney. Attorneys David T. Sirotkin; Benedict P. Morelli and David S. Ratner terminated. Plaintiffs have 30 days in which to retain new counsel. Stay will be lifted 30 days after appearance of new attorney, at which time Mag. Judge Tomlinson will reset the discovery schedule. (Court Reporter SP) (Baran, Charles) |
| Filing 81 Letter to Judge Tomlinson by Delfino Insulation Company, Inc. (Gifford, Robert) |
| NOTICE of Hearing: Status Conference set for 5/1/2014 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. In addition to counsel for both sides, plaintiffs themselves must attend. (Baran, Charles) |
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Filing 80
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Expedited Telephone Conference held on 4/29/2014. A summary of the issues discussed at today's conference is set forth in the ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 4/29/14. (Tomlinson, A.)
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| Filing 79 AFFIDAVIT of Service for Third Party Complaint served on Energy Independence, Inc. on April 29, 2014, filed by Delfino Insulation Company, Inc.. (Gifford, Robert) |
| Filing 78 Letter Response to Defendant Lapolla's Request for an Emergency Telephonic Conference by Kristine Markey, Neil Markey (Sirotkin, David) |
| Filing 77 Letter requesting emergency telephonic hearing to address unilateral discovery "stay" by Lapolla Industries, Inc. (Attachments: #1 Exhibit Email from Plaintiffs' counsel) (Russell, Dylan) |
| Filing 76 First MOTION to Withdraw as Attorney by Kristine Markey, Neil Markey. (Attachments: #1 Affidavit in Support, #2 Proposed Order, #3 Certificate of Service) (Ratner, David) |
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Filing 75
ORDER re #74 Letter, #73 Letter filed by Lapolla Industries, Inc. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/16/2014. (Buckel, Katherine)
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| Filing 74 Letter received from Robert J. Kipnees, attorney of non party witness, Kenneth Skipka RE: response to subpoena issued to Mr. Skipka. SEE LETTER FOR DETAILS. (Ryan, Mary) |
| Filing 73 Letter Requesting Telephonic Hearing to Address Non-Party Deposition Compliance by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 72 Summons Issued as to Energy Independence, Inc. (Valle, Christine) |
| Filing 71 NOTICE by Delfino Insulation Company, Inc. re #69 Answer to Amended Complaint, Third Party Complaint CORRECTED SUMMONS (Gifford, Robert) |
| Incorrect Case/Document/Entry Information - Counsel filed the #69 Third Party Complaint without adding the new parties. In order to create the necessary records behind the scenes, the Third Party Complaint was deleted and re-docketed correctly. All corrections have been entered. (Valle, Christine) |
| Filing 69 THIRD PARTY COMPLAINT against Energy Independence, Inc., filed by Delfino Insulation Company, Inc. (Valle, Christine) Modified on 4/2/2014 to renumber document. (Valle, Christine). |
| Filing 70 Summons on a Third Party Complaint ANSWER to #69 Answer to Amended Complaint, Third Party Complaint by Delfino Insulation Company, Inc.. (Gifford, Robert) |
| Filing 68 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 3/12/2014. SEE ATTACHED ORDER for details. (Buckel, Katherine) |
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Filing 67
SCHEDULING ORDER: re #66 Letter filed by Lapolla Industries, Inc.. The Court finds that the suggested discovery schedule is unacceptable. The remaining discovery deadlines are amended as follows: Fact witness depositions to be completed by: June 1, 2014; Plaintiffs expert reports served by: July 1, 2014; Depositions of Plaintiffs experts to be completed by: July 31, 2014; Rebuttal expert reports must be served by: August 29, 2014; Depositions of Defendants experts must be completed by: September 19, 2014; If any party intends to move for summary judgment, the movants Rule 56.1 Statement must be served by: October 6, 2014; Opposing counsels Rule 56.1 counter-statement must be served by: October 27, 2014; Letter to Judge Seybert for pre-motion conference due by: November 4, 2014; Joint pretrial order due by: December 5, 2014; Pretrial Conference: December 10, 2014, at 2:30p.m. These deadlines will not be further adjourned. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/7/2014. (Buckel, Katherine)
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| Filing 66 Letter providing agreed-upon revised discovery schedule by Lapolla Industries, Inc.(a Delaware Corporation) (Russell, Dylan) |
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Filing 65
ORDER. The Court is giving plaintiffs a final deadline of March 3, 2014 to have Dr. Ziem's report served on counsel for all of the defendants. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/6/2014. (Buckel, Katherine)
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| Filing 64 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 2/6/2014. This case is set down for a telephone conference on March 12, 2014 at 11:45 a.m. SEE ATTACHED ORDER for additional details. (Buckel, Katherine) |
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Filing 63
FINAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Plaintiffs expert reports served by: April 1, 2014; Depositions of Plaintiffs experts to be completed by: May 1, 2014; Rebuttal expert reports must be served by: May 30, 2014; Depositions of Defendants experts must be completed by: June 30, 2014; Dispositive motion process started by: July 30, 2014; Joint pretrial order due by: August 30, 2014; Pretrial Conference: September 2, 2013, at 10 a.m. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/4/2013. (Buckel, Katherine)
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| Filing 62 Letter Regarding Discovery Status Issues by Lapolla Industries, Inc.(a Delaware Corporation) (Russell, Dylan) |
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ORDER. It has been brought to the Court's attention that there is a typo in the Civil Conference Minute Order ("CCMO") of November 6, 2013. The second sentence of paragraph four should read, "[h]owever, I am deferring the inspection until after the resolution of the issues raised in paragraph 3." The CCMO is amended solely to that extent. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/26/2013. (Buckel, Katherine)
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| Filing 61 AMENDED COMPLAINT Neil and Kristine Markey against All Defendants, filed by Neil Markey. (Sirotkin, David) |
| Filing 60 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 11/6/2013. The Court is setting a telephone status conference for February 5, 2013 at 2 p.m. Plaintiffs' counsel is directed to arrange the call and to utilize the services of an outside vendor so that all parties can be heard on the line. SEE ATTACHED ORDER for additional details. (Buckel, Katherine) |
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STIPULATION AND ORDER re #59 Letter filed by Lapolla Industries, Inc. The parties' Confidentiality Order is SO ORDERED. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/6/2013. (Buckel, Katherine)
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| Filing 59 Letter enclosing proposed Agreed Confidentiality Order Governing Discovery Materials by Lapolla Industries, Inc.(a Delaware Corporation) (Attachments: #1 Proposed Order) (Russell, Dylan) |
| Filing 58 STATUS REPORT of Plaintiffs Regarding Discovery Responses and Depositions by Neil Markey (Sirotkin, David) |
| Filing 57 STATUS REPORT of Defendants Regarding Discovery Responses and Depositions by Lapolla Industries, Inc.(a Delaware Corporation) (Russell, Dylan) |
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SCHEDULING ORDER: This Order clarifies that the November 6, 2013 status conference will go forward in person. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/9/2013. (Buckel, Katherine)
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SCHEDULING ORDER: This Court is amending the Case Management Plan solely for the purpose of setting a discovery status conference on November 6, 2013 at 11:30 a.m. Three days prior to the status conference, the parties are directed to file a discovery report outlining the status of discovery responses and depositions. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/9/2013. (Buckel, Katherine)
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SCHEDULING ORDER: The July 16, 2014 pre-trial conference will now go forward in person before Judge Tomlinson. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/18/2013. (Buckel, Katherine)
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| Magistrate Judge A. Kathleen Tomlinson added. Magistrate Judge E. Thomas Boyle no longer assigned to case. (Gapinski, Michele) |
| Filing 56 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Telephone Conference held on 6/26/2013. For the reasons stated on the record, the Court does not adopt the parties Revised Discovery/Case Management Plan filed on 6/20/13. The parties are free to proceed on dual tracks with respects to fact discovery and class discovery with the understanding that the priority is class discovery which shall be completed by January 31, 2014. Any request for leave to file a motion for class certification shall be initiated, consistent with the rules of the assigned District Judge, no later than 10/18/13. Expert disclosure shall be completed by 5/1/14. Any request for leave to file a motion for summary judgment shall be initiated, consistent with the rules of the assigned District Judge by 5/30/14. A Joint Pretrial order shall be filed on 6/30/14. The final conference is 7/16/14 at 10:00 am by phone. So Ordered by Magistrate E. Thomas Boyle. (Tape #12:21-12:36.) (Major, Jasmine) |
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SCHEDULING ORDER re #53 Letter filed by Lapolla Industries, Inc.: Application granted. The initial conference scheduled for July 24, 2013 is advanced to June 26, 2013 at 12:00 p.m., by telephone. Plaintiff's counsel is directed to initiate the conference call and to have all parties on the line prior to connecting the court (631-712-5710). The call must be placed through the teleconference operator provided by your long-distance service. So Ordered by Magistrate Judge E. Thomas Boyle on 6/21/2013. (Minerva, Deanna)
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| Filing 55 CASE MANAGEMENT STATEMENT REVISED (Russell, Dylan) |
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Filing 54
ORDER re #53 Letter filed by Lapolla Industries, Inc.: Based on the Order denying transfer to the MDL dated June 6, 2013, the stay of all discovery dated April 18, 2013 and May 21, 2013 is vacated. The parties shall file a revised proposed discovery plan by June 19, 2013. So Ordered by Magistrate Judge E. Thomas Boyle on 6/11/2013. (Minerva, Deanna)
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| Filing 53 Letter Requesting Earlier Initial Scheduling Conference by Lapolla Industries, Inc. (Attachments: #1 Exhibit) (Russell, Dylan) |
| Filing 52 NEF received from the JPMDL re: MDL No. 2444 In Re: Spray Polyurethane Foam Insulation Products Liability Litigation attaching the Order Denying Transfer. Order states that the motion, pursuant to 28 U.S.C., Section 1407, for centralization of the actions is denied. (Attachments: #(1) Order) (Mahon, Cinthia) |
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Filing 51
ORDER: For the reasons contained in the attached Order, the stay of discovery imposed by the Court on April 18, 2013 is hereby continued pending the determination by the JPML whether or not to transfer this action to the MDL. So Ordered by Magistrate Judge E. Thomas Boyle on 5/21/2013. (Minerva, Deanna)
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| Filing 50 Letter Reply regarding sua sponte discovery stay by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 49 Letter Brief in Reply to plaintiffs' Response to defendants' Opposition by Delfino Insulation Company, Inc. (Gifford, Robert) |
| Filing 48 Letter Brief in Response to Defendants Letter Brief filed on 5/3/13 by Kristine Markey, Neil Markey (Sirotkin, David) |
| Filing 47 Letter Brief in Opposition to Stay of Discovery by Delfino Insulation Company, Inc. (Gifford, Robert) |
| Filing 46 Letter requesting consideration of filing letter brief by Delfino Insulation Company, Inc. (Attachments: #1 Exhibit A) (Gifford, Robert) |
| Filing 45 Letter Brief to Court Opposing Stay of Discovery by Lapolla Industries, Inc. (Russell, Dylan) |
| Filing 44 Letter Response to April 23, 2013 Letter from David S. Ratner by Lapolla Industries, Inc. (Kornhauser, Matthew) |
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Filing 43
ORDER re #42 Letter filed by Kristine Markey, Neil Markey: With respect to plaintiffs' request for clarification of the stay and motion portion of the scheduling order dated April 18, 2013, that portion of the Order is modified to conform to the initial conference record. The defendants' motion in opposition to a stay of discovery pending a determination of the MDL panel shall be filed in letter motion form by May 3, 2013. Any opposition shall be filed by May 10, 2013 and a reply, if any, shall be filed by May 15, 2013. So Ordered by Magistrate Judge E. Thomas Boyle on 4/24/2013. (Minerva, Deanna)
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| Filing 42 Letter by Kristine Markey, Neil Markey (Sirotkin, David) |
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ORDER granting #41 Motion for Leave to Appear Pro Hac Vice: Mitchell A. Ward is permitted to argue or try this case, in whole or in part, as counsel for defendants LaPolla Industries, Inc. Mr. Ward shall register for ECF. Registration is available at the EDNY homepage. Once registered, Mr. Ward shall file a notice of appearance and ensure that he receives electronic notification of all activity in this action. So Ordered by Magistrate Judge E. Thomas Boyle on 4/23/2013. (Minerva, Deanna)
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| Email Notification Test - DO NOT REPLY. (Valle, Christine) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6150732. by Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation). (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Ward, Mitchell) |
| Filing 40 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Initial Conference Hearing held on 4/18/2013. The Court sua sponte stays all discovery for the reasons stated on the record pending the outcome of the plaintiffs' request for a stay pending the outcome of a determination by the MDL. The schedule is as follows: Plaintiffs' letter motion - April 25, 2013; Defendants' opposition - May 2, 2103; Plaintiffs' reply, if any - May 17, 2013. By agreement, the parties shall exchange Rule 26(a)(1) disclosures and submit an ESI protocol and/or a protective order, nothwitstanding the stay of discovery. The initial conference is adjourned to July 24, 2013 at 11:00 a.m., by telephone. Plaintiffs' counsel is directed to initiate the conference call and to have all parties on the line prior to connecting the Court (631-712-5710). The call must be placed through the teleconference operator provided by your long-distance service. (Minerva, Deanna) |
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Filing 39
ORDER granting #31 Motion to Substitute Attorney. Added attorney Robert M. Goodman for Lapolla Industries, Inc., Lapolla International, Inc. Attorney George A. Stamboulidis; Eric Robert Fish and Deborah Hilarie Renner terminated. So Ordered by Judge Joanna Seybert on 4/17/2013. C/ECF (Valle, Christine)
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| Filing 38 CASE MANAGEMENT STATEMENT Joint Discovery/Case Management Plan Under Rule 26(f) Federal Rules of Civil Procedure (Watts, Sidney) |
| Filing 37 NOTICE of Appearance by Sidney Watts on behalf of Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation) (notification declined or already on case) (Watts, Sidney) |
| Filing 36 NOTICE of Appearance by Matthew A. Kornhauser on behalf of Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation) (notification declined or already on case) (Kornhauser, Matthew) |
| Filing 35 NOTICE of Appearance by Dylan B. Russell on behalf of Lapolla Industries, Inc. (notification declined or already on case) (Russell, Dylan) |
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ORDER granting #32 Motion for Leave to Appear Pro Hac Vice: Dylan B. Russell is permitted to argue or try this case, in whole or in part, as counsel for defendants Lapolla Industries, Inc. (named herein as Lapolla Industries, Inc. and Lapolla International, Inc.). Mr. Russell shall register for ECF. Registration is available online at the EDNY homepage. Once registered, Mr. Russell shall file a notice of appearance and ensure that he receives electronic notification of all activity in this action. So Ordered by Magistrate Judge E. Thomas Boyle on 4/12/2013. (Suarez, Stephanie)
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ORDER granting #33 Motion for Leave to Appear Pro Hac Vice: Sidney C. Watts is permitted to argue or try this case, in whole or in part, as counsel for defendants Lapolla Industries, Inc. (named herein as Lapolla Industries, Inc. and Lapolla International, Inc.). Mr. Watts shall register for ECF. Registration is available online at the EDNY homepage. Once registered, Mr. Watts shall file a notice of appearance and ensure that he receives electronic notification of all activity in this action. So Ordered by Magistrate Judge E. Thomas Boyle on 4/12/2013. (Suarez, Stephanie)
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ORDER granting #34 Motion for Leave to Appear Pro Hac Vice: Matthew A. Kornhauser is permitted to argue or try this case, in whole or in part, as counsel for defendants Lapolla Industries, Inc. (named herein as Lapolla Industries, Inc. and Lapolla International, Inc.). Mr. Kornhauser shall register for ECF. Registration is available online at the EDNY homepage. Once registered, Mr. Kornhauser shall file a notice of appearance and ensure that he receives electronic notification of all activity in this action. So Ordered by Magistrate Judge E. Thomas Boyle on 4/12/2013. (Suarez, Stephanie)
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| Filing 34 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6128891. by Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation). (Attachments: #1 Affidavit, #2 Proposed Order) (Kornhauser, Matthew) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6128850. by Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation). (Attachments: #1 Affidavit, #2 Proposed Order) (Watts, Sidney) |
| Filing 32 Consent MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6128790. by Lapolla Industries, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Russell, Dylan) |
| Filing 31 MOTION to Substitute Attorney by Lapolla Industries, Inc.(a Delaware Corporation), Lapolla International, Inc.(a Delaware Corporation). (Attachments: #1 Declaration of Clifford Brian Kornbrek, #2 Proposed Order and Stipulation of Lapolla, Substituting Counsel and Withdrawing Counsel) (Kornbrek, Clifford) |
| Filing 30 ANSWER to #23 Amended Complaint and Cross-Claims, CROSSCLAIM against Delfino Insulation Company, Inc. by Lapolla Industries, Inc., Lapolla International, Inc.. (Stamboulidis, George) |
| Filing 29 ANSWER to #23 Amended Complaint AFFIRMATIVE DEFENSES, ANSWER TO ALL CROSS-CLAIMS AND, CROSSCLAIM S against Lapolla Industries, Inc., Lapolla International, Inc. by Delfino Insulation Company, Inc.. (Attachments: #1 Certificate of Service) (Cookson, John) |
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ORDER granting #28 Motion for Extension of Time to File Response/Reply: This application is granted. This is the final extension. So Ordered by Magistrate Judge E. Thomas Boyle on 3/7/2013. (Suarez, Stephanie)
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| Filing 28 MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint by Lapolla Industries, Inc., Lapolla International, Inc.. (Stamboulidis, George) |
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ORDER granting #24 Motion to Adjourn Conference: The initial conference is adjourned to April 18, 2012 at 10:00 a.m. So Ordered by Magistrate Judge E. Thomas Boyle on 3/6/2013. (Minerva, Deanna)
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| Filing 27 NOTICE of Appearance by Robert W. Gifford on behalf of Delfino Insulation Company, Inc. (aty to be noticed) (Gifford, Robert) |
| Filing 26 Letter to Judge Boyle to Follow Up on Letter Dated February 21, 2013 Seeking an Adjournment of the Initial Conference by Lapolla Industries, Inc. (Stamboulidis, George) |
| Email Notification Test - DO NOT REPLY (Mahon, Cinthia) |
| Filing 25 NOTICE of Appearance by Eric G. Siegel on behalf of Delfino Insulation Company, Inc. (aty to be noticed) (Siegel, Eric) |
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ELECTRONIC ORDER finding as moot #17 Motion to Dismiss for Failure to State a Claim; finding as moot #17 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs filed an Amended Complaint as a matter of right pursuant to Rule 15(a)(1)(B). As the Amended Complaint completely supersedes and replaces the original Complaint, see Arce v. Walker, 139 F.3d 329, 332 n.4 (2d Cir. 1998), Defendants' motion to dismiss the original Complaint is hereby DENIED AS MOOT. Ordered by Judge Joanna Seybert on 2/25/2013. (Karneeb, Kelly)
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| Filing 24 Letter MOTION to Adjourn Conference by Lapolla Industries, Inc., Lapolla International, Inc.. (Fish, Eric) |
| Filing 23 AMENDED COMPLAINT against All Defendants, filed by Neil Markey, Kristine Markey. (Sirotkin, David) |
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ORDER TO ANSWER granting #22 Stipulation filed by Lapolla Industries, Inc., Lapolla International, Inc.: This application is granted. So Ordered by Magistrate Judge E. Thomas Boyle on 2/19/2013. (Suarez, Stephanie)
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Filing 22
STIPULATION and Order Regarding Cross-Claims by Lapolla Industries, Inc., Lapolla International, Inc. (Stamboulidis, George)
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| Filing 21 AFFIDAVIT of Service for ANSWER, AFFIRMATIVE DEFENSES AND CROSSCLAIMS and NOTICE OF APPEARANCE served on Benedict P. Morelli, Esq. and George A. Stamboulidis, Esq. on 01/31/2013, filed by Delfino Insulation Company, Inc.. (Cookson, John) |
| Filing 20 ANSWER to #1 Complaint, Affirmative Defenses, CROSSCLAIM against Lapolla Industries, Inc., Lapolla International, Inc. by Delfino Insulation Company, Inc.. (Cookson, John) |
| Filing 19 NOTICE of Appearance by John Patrick Cookson on behalf of Delfino Insulation Company, Inc. (aty to be noticed) (Cookson, John) |
| Filing 18 MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Lapolla Industries, Inc., Lapolla International, Inc.. (Stamboulidis, George) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Lapolla Industries, Inc., Lapolla International, Inc.. (Attachments: #1 Proposed Order) (Stamboulidis, George) |
| Filing 16 NOTICE of Appearance by Deborah Hilarie Renner on behalf of Lapolla Industries, Inc., Lapolla International, Inc. (aty to be noticed) (Renner, Deborah) |
| Filing 15 NOTICE of Appearance by Eric Robert Fish on behalf of Lapolla Industries, Inc., Lapolla International, Inc. (aty to be noticed) (Fish, Eric) |
| Filing 14 Corporate Disclosure Statement by Lapolla Industries, Inc. (Stamboulidis, George) |
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ORDER TO ANSWER re #13 Letter filed by Delfino Insulation Company, Inc.: Delfino Insulation Company, Inc. answer or motion due 1/31/2013. So Ordered by Magistrate Judge E. Thomas Boyle on 1/18/2013. (Minerva, Deanna)
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| Filing 13 Letter by Delfino Insulation Company, Inc. (Cookson, John) |
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ORDER TO ANSWER re #12 Letter filed by Delfino Insulation Company, Inc.: Delfino Insulation Company, Inc. answer or motion due 1/18/2013. So Ordered by Magistrate Judge E. Thomas Boyle on 12/19/2012. (Minerva, Deanna)
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| Filing 12 Letter from John P. Cookson, Esq. by Delfino Insulation Company, Inc. (Cookson, John) |
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ORDER TO ANSWER re #11 Stipulation filed by Lapolla Industries, Inc., Lapolla International, Inc.: Lapolla Industries, Inc. answer or motion due 1/30/2013; Lapolla International, Inc. answer or motion due 1/30/2013. This is the third and final extension. The initial conference previously scheduled for January 11, 2013 is adjourned to March 13, 2013 at 10:30 a.m. So Ordered by Magistrate Judge E. Thomas Boyle on 12/5/2012. (Minerva, Deanna)
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| Filing 11 STIPULATION Extending Time to Respond to the Complaint by Lapolla Industries, Inc., Lapolla International, Inc. (Stamboulidis, George) |
| Filing 10 NOTICE of Appearance by George A. Stamboulidis on behalf of Lapolla Industries, Inc., Lapolla International, Inc. (aty to be noticed) (Stamboulidis, George) |
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ORDER TO ANSWER re #9 Letter filed by Delfino Insulation Company, Inc.: Delfino Insulation Company, Inc. answer or motion due 12/19/2012. So Ordered by Magistrate Judge E. Thomas Boyle on 11/19/2012. (Minerva, Deanna) Modified on 12/18/2012 (Lundy, Lisa).
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| Filing 9 Letter from John P. Cookson, Esq. regarding Service on Defendant, Delfino Insulation Co. by Delfino Insulation Company, Inc. (Cookson, John) |
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ORDER TO ANSWER re #8 Stipulation filed by Kristine Markey, Neil Markey: Lapolla Industries, Inc. answer or motion due 1/2/2013; Lapolla International, Inc. answer or motion due 1/2/2013. So Ordered by Magistrate Judge E. Thomas Boyle on 10/22/2012. (Minerva, Deanna)
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| Filing 8 STIPULATION Extending Defendant Lapolla's Time to Answer by Kristine Markey, Neil Markey (Sirotkin, David) |
| Filing 7 SUMMONS Returned Executed by Neil Markey, Kristine Markey. All Plaintiffs., WAIVER OF SERVICE Returned Executed by Neil Markey, Kristine Markey. All Plaintiffs., Summons Returned Unexecuted by Neil Markey, Kristine Markey as to All Plaintiffs. (Attachments: #1 Affidavit of Service for S&C, #2 Affidavit of Service for S&C, #3 Affidavit of Service for S&C, #4 Affidavit of Service for S&C) (Sirotkin, David) |
| Filing 6 SUMMONS Returned Executed by Neil Markey, Kristine Markey. Delfino Insulation Company, Inc. served on 9/28/2012, answer due 10/19/2012. (Sirotkin, David) |
| Filing 5 AFFIDAVIT of Service for Summons & Complaint served on Delfino Insulation Company INC. on 09-28-2012, filed by Kristine Markey, Neil Markey. (Sirotkin, David) |
| Case Ineligible for Arbitration (Bollbach, Jean) |
| Filing 4 Letter Serving Case Scheduling Order by Kristine Markey, Neil Markey (Sirotkin, David) |
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Filing 3
SCHEDULING ORDER: Initial Conference set for 1/11/2013 11:00 AM in Courtroom 830 before Magistrate Judge E. Thomas Boyle. Counsel for plaintiff(s) or plaintiff pro se is obligated to serve a copy of this order on each defendant. See order for further instructions.. Ordered by Magistrate Judge E. Thomas Boyle on 9/20/2012. (Lundy, Lisa)
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) |
| Filing 1 COMPLAINT against Delfino Insulation Company, Inc., Lapolla Industries, Inc., Lapolla International, Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Neil Markey, Kristine Markey. (Attachments: #1 Civil Cover Sheet) (McMahon, Carol) |
| Summons Issued as to Delfino Insulation Company, Inc., Lapolla Industries, Inc., Lapolla International, Inc.. (McMahon, Carol) |
| FILING FEE: $ 350.00, receipt number 4653049016 (McMahon, Carol) |
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