101 Frost Street Associates, L.P. et al v. United States Atomic Energy Commission et al
| 101 Frost Street Associates, L.P. and Next Millennium Realty, LLC |
| Marvex Finishing & Processing Corporation, Gulf & Western Manufacturing Company, Verizon New York, Inc., General Semiconductor, Inc., GTE Sylvania Incorporated, Gulf Western Industries Incorporated, Vishay General Semiconductor, Inc., Allard Instruments Corp, Vishay Intertechnology, Inc., United States Nuclear Regulatory Commisson, Kleartone Transparent Products, Inc., United States Atomic Energy Commission, Applied Fluidics, Inc., Unicord, Inc., GTE Incorporated, Sylvania Electric Products Incorporated, General Instruments Corporation, GTE Operations Support Incorporated, Nat Bassen Textiles, Inc., Vishay Mic Technology, Inc., United States Department of Defense, Vishay GSI, Inc and United States Department of Energy |
| Sulzer Metco (US) Inc., Physio Chem Corp., Bronco Baltimore, Inc. and Vishay GSI, Inc. |
| 2:2017cv03585 |
| June 14, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| Joseph F Bianco |
| Arlene R Lindsay |
| Environmental Matters |
| 42 U.S.C. § 6901 Environmental Cleanup Expenses |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 81 Letter in Reply to Plaintiff's Opposition to Pre-Motion Letter by Vishay GSI, Inc, Vishay GSI, Inc. (Hooker, Todd) |
| Filing 80 Letter in Opposition of Expedited Discovery by United States Department of Energy (Schumacher, Robert) |
| Filing 79 Letter In Response to Request for Pre-Motion Conference by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
| Filing 78 Letter MOTION for pre motion conference Request for Expedited Depositions by Vishay GSI, Inc, Vishay GSI, Inc.. (Hooker, Todd) |
ORDER granting #77 Motion for Extension of Time to File Response/Reply. Plaintiffs shall serve their opposition brief by January 24, 2020; and Defendants shall serve their reply brief and file the fully briefed motion on ECF by February 14, 2020. Ordered by Judge Joan M. Azrack on 1/10/2020. (Simmons, James)
|
| Filing 77 Letter MOTION for Extension of Time to File Response Requesting Extension to File Opposition by 101 Frost Street Associates, L.P. (Maldonado, Kevin) Modified event type from Letter to Motion on 1/10/2020 (Ortiz, Grisel). |
|
Filing 76
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs, the DOE and the United States, as follows: 1. The DOE need not assert, and the United States need not join to assert, as compulsory counterclaims pursuant to FRCP 13(a)(1)(A) in this action any enforcement claims (including but not limited to claims to recover CERCLA response costs) or natural resource damages claims that may be brought by the United States or by the United States on behalf of any of its federal agencies, departments, or instrumentalities relating to the Site. The DOE, the United States, the United States' federal agencies, departments, or instrumentalities shall not lose or waive any such claims by virtue of not taking steps to assert them at the time that the DOE responds to the Second Amended Complaint in this action. 2. Plaintiffs shall not assert in this or any subsequent action or administrative proceeding that any enforcement claims or natural resource damages claims brought by the DOE, the United States, the United States' federal agencies, departments, or instrumentalities relating to the Site and/or conditions at the Site (such as, but not limited to claims to recover CERCLA response costs or natural resource damages), are precluded because such claims were not raised in this action pursuant to FRCP 13(a)(1)(A) or any similar rule, regulation or principle of law, and shall make no defense or avoidance based on such argument. Ordered by Judge Joan M. Azrack on 12/30/2019. (Florio, Lisa)
|
| Filing 75 STIPULATION and Proposed Order by United States Department of Energy (Schumacher, Robert) |
| Filing 74 ANSWER to #46 Amended Complaint by United States Department of Energy. (Schumacher, Robert) |
|
SCHEDULING ORDER: The Court adopts the proposed briefing schedule. Defendants shall serve their moving brief by December 10, 2019; Plaintiffs shall serve their opposition brief by January 10, 2020; and Defendants shall serve their reply brief and file the fully briefed motion on ECF by January 31, 2020. Ordered by Judge Joan M. Azrack on 11/25/2019. (Simmons, James)
|
| Filing 73 Letter Submitting Briefing Schedule by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated (McGahren, John) |
|
ORDER granting #72 Motion for Extension of Time to Answer. The time for the United States Department of Energy to answer, move against or otherwise respond to the Second Amended Complaint is hereby extended until 12/18/2019. Ordered by Magistrate Judge Arlene R. Lindsay on 11/18/2019. (Jacobwitz, Beth)
|
| Filing 72 Letter MOTION for Extension of Time to File Answer to Plaintiff's Second Amended Complaint by United States Department of Energy. (Schumacher, Robert) |
|
ORDER denying #68 Motion for Pre Motion Conference; denying #69 Motion for Pre Motion Conference. The Court waives its pre-motion conference requirement and grants the request to file a motion to dismiss. The parties are directed to submit a joint proposed briefing schedule by 11/20/19. Ordered by Judge Joan M. Azrack on 11/15/2019. (Simmons, James)
|
| Filing 71 Letter In Opposition to Request to File Motion by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
| Filing 70 NOTICE of Appearance by Ariel Leigh Kapoano on behalf of GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated (aty to be noticed) (Kapoano, Ariel) |
|
ORDER granting #67 Motion for Extension of Time to Answer. The time for the United States Department of Energy to answer, move against or otherwise respond to the Complaint is hereby extended to and including November 18, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 10/18/2019. (Jacobwitz, Beth)
|
| Filing 69 Letter MOTION for pre motion conference re #68 Letter MOTION for pre motion conference to File a Motion to Dismiss the Second Amended Complaint by Vishay GSI, Inc, Vishay GSI, Inc.. (Stoll, Kelly) |
| Filing 68 Letter MOTION for pre motion conference to File a Motion to Dismiss the Second Amended Complaint by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (McGahren, John) |
| Filing 67 Letter MOTION for Extension of Time to File Answer to Plaintiff's Second Amended Complaint by United States Department of Energy. (Schumacher, Robert) |
| Filing 66 ANSWER to PLAINTIFFS' SECOND #65 Amended Complaint , CROSSCLAIM against Vishay GSI, Inc by Sulzer Metco (US) Inc. (Leff, Richard) Modified. (Latka-Mucha, Wieslawa) |
| Filing 65 AMENDED COMPLAINT (Second) against 101 Frost Street Associates, L.P., filed by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
|
Filing 64
MEMORANDUM AND ORDER: For the reasons stated (PLEASE SEE ORDER FOR FURTHER DETAILS), the motion to dismiss is GRANTED in part and DENIED in part. The motion is GRANTED as to the second cause of action with respect to Plaintiffs' costs pertaining to the Frost Street Sites and EPA OU-1/DEC OU-3 as to all parties; DENIED as to the second cause of action with respect to Plaintiffs' costs pertaining to the Far Field Area; and DENIED as to the third cause of action. The Court also granted Plaintiffs leave to file a second amended complaint, which shall be filed within thirty (30) days from the date of this Order. So Ordered by Judge Joan M. Azrack on 9/16/2019. (Ortiz, Grisel)
|
| Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 30, 2018, before Judge Joan M. Azrack. Transcriber Writer's Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. 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 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. (Kanellopoulos, John) |
| Case Reassigned to Judge Joan M. Azrack. Judge Joseph F. Bianco no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Russo, Eric) |
| Filing 62 Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 11/30/2018; decision reserved written order to follow (FTR Log #3:58-4:47.) (Bollbach, Jean) |
|
ORDER granting #61 Motion to Withdraw as Attorney. Attorney Lisa Rushton terminated for the Sylvania Defendants. Ordered by Magistrate Judge Arlene R. Lindsay on 11/14/2018. c/ecf (Imrie, Robert)
|
| Filing 61 NOTICE of Consent to Change Attorney by Stephanie Rebecca Feingold (Feingold, Stephanie) Modified on 11/14/2018 (Imrie, Robert). |
| Filing 60 NOTICE of Appearance by Kelly M Stoll on behalf of Vishay GSI, Inc (aty to be noticed) (Stoll, Kelly) |
|
ORDER re #54 : The Motion of Kelly M. Stoll for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Arlene R. Lindsay on 11/1/2018. c/ecf (Imrie, Robert)
|
| Filing 59 RESPONSE to Motion re #54 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10853375. Pro Hac Vice applicant's Certificate of Good Standing Appellate Division Third Department filed by Vishay GSI, Inc. (Eisenbud, Frederick) |
| Filing 58 RESPONSE to Motion re #54 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10853375. Pro Hac Vice applicant's Certificate of Good Standing Supreme Court New Jersey filed by Vishay GSI, Inc. (Eisenbud, Frederick) |
| Filing 57 Letter MOTION to Adjourn Conference and Reschedule for Friday, November 30, 2018 at 3:30 p.m. by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Feingold, Stephanie) |
| Filing 56 Letter MOTION to Adjourn Conference and Reschedule for Friday, November 30, 2018 by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Feingold, Stephanie) |
|
ORDER deferring ruling on #54 Motion for Leave to Appear Pro Hac Vice. The applicant is directed to submit a certificate of the court for each of the states of which the applicant is a member of the bar, which has been issued within (30) thirty days of filing and states that the applicant is a member of good standing of the bar of that state court as set forth in Local Rule 1.3(c). Failure to do so, on or before November 2, 2018, will result in the Motion being denied. Ordered by Magistrate Judge Arlene R. Lindsay on 10/22/2018. c/ecf (Imrie, Robert)
|
|
ORDER granting #57 Motion to Adjourn Conference. By letter dated October 22, 2018, defendants GTE Operations Support Incorporated, GTE Sylvania Incorporated, and Sylvania Electric Products Inc. (the "Sylvania defendants") request to adjourn the oral argument scheduled for November 8, 2018 until November 30, 2018. IT IS HEREBY ORDERED that the Sylvania defendants' request is granted. Oral argument concerning the pending motions to dismiss is rescheduled for Friday, November 30, 2018 at 3:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/22/2018. (Chill, Alana)
|
| Filing 55 Letter Enclosing Executed Motion in Connection with Docket No.: 54 with Supporting Documents and Executed Certificate of Service by Vishay GSI, Inc (Eisenbud, Frederick) |
| Filing 54 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10853375. by Vishay GSI, Inc. (Attachments: #1 Affidavit, #2 Proposed Order) (Eisenbud, Frederick) |
| Filing 53 REPLY in Support re #50 Joint Motion to Dismiss for Failure to State a Claim filed by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Attachments: #1 Certification of John McGahren, Esq. in Support of Movants' Motion to Dismiss Plaintiffs' Amended Complaint, #2 Exhibit A - 101 Frost Street, #3 Exhibit B - 89 Frost Street, #4 Exhibit C - 770 Main Street) (McGahren, John) |
| Filing 52 REPLY in Opposition re #50 Joint Motion to Dismiss for Failure to State a Claim , #51 Letter MOTION to Dismiss Second Cause of Action filed by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
| Filing 51 Letter MOTION to Dismiss by United States Department of Energy. (Schumacher, Robert) |
| Filing 50 Joint Motion to Dismiss for Failure to State a Claim by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Attachments: #1 Memorandum in Support, #2 Certification of John McGahren in Support of Motion to Dismiss, #3 Exhibit A - Consent Decree) (McGahren, John) |
| Filing 49 NOTICE of Appearance by Stephanie Rebecca Feingold on behalf of GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated (aty to be noticed) (Feingold, Stephanie) |
| Filing 48 NOTICE of Appearance by John McGahren on behalf of GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated (aty to be noticed) (McGahren, John) |
|
ORDER. By letter dated July 18, 2018, counsel for defendant Vishay GSI, Inc. writes, on behalf of all defendants, to request a modified briefing schedule for defendants' motions to dismiss. IT IS HEREBY ORDERED that the request is granted. The parties shall adhere to the following revised briefing schedule: defendants' joint motion shall be filed by August 30, 2018; the government's motion/joinder letter shall be filed by September 13, 2018; plaintiffs' opposition to defendants' motion shall be filed by September 28, 2018; plaintiffs' opposition to the government's motion (if applicable) shall be filed by October 12, 2018; defendants' reply shall be filed by October 12, 2018; and the government's reply shall be filed by October 26, 2018. Oral argument is rescheduled for Thursday, November 8, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/19/2018. (Kuhn, Alyssa)
|
| Filing 47 Letter to Judge requesting revised briefing schedule by Vishay GSI, Inc (Hooker, Todd) |
| Filing 46 AMENDED COMPLAINT against United States Department of Energy, filed by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
| Filing 45 Letter to Judge Requesting New Date to File Amended Complaint by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
|
ORDER. By letter dated June 21, 2018, counsel for plaintiffs requests an extension of time, until June 27, 2018, to file their amended complaint, as well as a modification of the briefing schedule for defendants' motions to dismiss. IT IS HEREBY ORDERED that the request is granted. Plaintiffs shall file their amended complaint by June 27, 2018. Defendants shall file their motions to dismiss by July 27, 2018; plaintiffs shall respond by August 27, 2018; and defendants shall reply by September 12, 2018. Oral argument remains scheduled for Monday, September 24, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/21/2018. (Kuhn, Alyssa)
|
| Filing 44 Letter Requesting Additional Time to Amend Complaint by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
|
ORDER. By letter dated June 4, 2018, counsel for plaintiffs requests an extension of time, until June 15, 2018, to file their amended complaint. IT IS HEREBY ORDERED that the request is granted. Plaintiffs shall file their amended complaint by June 15, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/4/2018. (Kuhn, Alyssa)
|
| Filing 43 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 4/24/2018, MOTION TO BE FILED BY 7/9/2018 ;RESPONSE BY 8/9/2018 ; REPLY BY 8/24/2018; amended complaint to be filed by 6/1/18 ( oral argument set for 9/24/2018 04:30 PM in Courtroom 1040 before Judge Joseph F. Bianco.) (FTR Log #1:18-1:23.) (Bollbach, Jean) |
|
ORDER granting #42 Motion to Withdraw as Attorney. Attorney Michael L. Spafford terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 4/13/2018. c/ecf (Imrie, Robert)
|
| Filing 42 MOTION to Withdraw as Attorney by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Attachments: #1 Proposed Order) (Spafford, Michael) |
|
SCHEDULING ORDER: The Court has received the parties' March 26, 2018 and April 10, 2018 letters regarding the EPA's Unilateral Administrative Order. IT IS HEREBY ORDERED that the oral argument scheduled for Tuesday, April 24, 2018, at 1:00 p.m. on both pending motions to dismiss is converted to a telephone conference to discuss plaintiffs filing an amended complaint and other scheduling issues. At the time of the conference, counsel for plaintiffs shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. IT IS FURTHER ORDERED that the government's time to submit its reply to its motion to dismiss is adjourned sine die. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/12/2018. (Kuhn, Alyssa)
|
| Filing 41 Letter by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
| Filing 40 REPLY in Support of Defendants' Joint Motion to Dismiss filed by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Vishay GSI, Inc. (Hooker, Todd) |
| Filing 39 REPLY in Opposition Motions to Dismiss filed by 101 Frost Street Associates, L.P.. (Attachments: #1 Appendix A, #2 Appendix A, #3 Appendix B) (Maldonado, Kevin) |
| Filing 38 Second MOTION for Extension of Time to Amend Briefing Schedule and a First request that oral argument on the parties' motions to dismiss be rescheduled and in addition DOE requests that the time to file its reply brief be extended to April 13, 2018 by United States Department of Energy. (Schumacher, Robert) |
|
ORDER granting #38 Motion for Extension of Time to Amend. By letter dated March 14, 2018, counsel for defendant U.S. Department of Energy ("DOE") requests (i) an extension of time, until April 13, 2018, to submit its reply brief, and (ii) an adjournment of the oral argument. IT IS HEREBY ORDERED that, on consent, the requests are granted. The DOE shall submit its reply brief by April 13, 2018, and oral argument is rescheduled for Tuesday, April 24, 2018, at 1:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/14/2018. (Kuhn, Alyssa)
|
| Filing 37 MEMORANDUM in Opposition Federal Government Motion to Dismiss filed by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
| Filing 36 First MOTION for Extension of Time to File Response/Reply as to #34 Notice of MOTION to Dismiss Certain Claims, #35 Memorandum in Support by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
|
ORDER granting #36 Motion for Extension of Time to File Response/Reply. By letter dated January 18, 2018, counsel for plaintiffs requests an extension of time, until February 22, 2018, to submit plaintiffs' opposition to the government's motion to dismiss. IT IS HEREBY ORDERED that, on consent, the request is granted. Plaintiffs shall submit their opposition by February 22, 2018; the government shall reply by March 22, 2018; and oral argument is rescheduled for Monday, April 2, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/18/2018. (Kuhn, Alyssa)
|
| Filing 35 MEMORANDUM in Support re #34 Notice of MOTION to Dismiss Certain Claims filed by United States Department of Energy. (Schumacher, Robert) |
| Filing 34 Notice of MOTION to Dismiss Certain Claims by United States Department of Energy. (Schumacher, Robert) |
|
Filing 33
Order Dismissing Parties Party United States Department of Defense, United States Department of Defense, United States Nuclear Regulatory Commisson (as Successor to the United States Atomic Energy Commission), United States Nuclear Regulatory Commisson (as Successor to the United States Atomic Energy Commission), United States Atomic Energy Commission and United States Atomic Energy Commission terminated without prejudice. Caption amended to reflect terminated parties. Ordered by Judge Joseph F. Bianco on 11/28/2017. (Bollbach, Jean)
|
| Filing 32 Letter MOTION for Extension of Time to File Federal Defendants' motion to dismiss and amend the briefing schedule by United States Atomic Energy Commission, United States Department of Defense, United States Nuclear Regulatory Commisson. (Schumacher, Robert) |
| Filing 31 STIPULATION of Dismissal Pursuant to Fed. R. Civ.P. 41(a)(1) and Order to Amend Caption by United States Atomic Energy Commission, United States Department of Defense, United States Nuclear Regulatory Commisson (Schumacher, Robert) |
|
ORDER granting #32 Motion for Extension of Time to File. By letter dated November 28, 2017, the federal defendants request a two-week extension of time to file their motion to dismiss. Plaintiffs consent to this request. IT IS HEREBY ORDERED that the federal defendants' request is granted. The federal defendants shall file their motion to dismiss by December 13, 2017; plaintiffs shall file their opposition by January 22, 2018; and the federal defendants shall reply by February 22, 2018. Oral argument remains scheduled for Monday, February 26, 2018, at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/28/2017. (Kuhn, Alyssa)
|
| Filing 30 REPLY in Support re #26 Joint Motion to Dismiss for Failure to State a Claim by Todd M. Hooker for Defendant Vishay GSI, Inc. by Todd M. Hooker for Defendant Vishay GSI, Inc. filed by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Rushton, Lisa) |
| Filing 29 MEMORANDUM in Opposition To Motion to Dismiss filed by 101 Frost Street Associates, L.P.. (Attachments: #1 Affidavit of Alexandra Stark) (Maldonado, Kevin) |
| Filing 28 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 10/25/2017, MOTION TO BE FILED BY 11/29/2017;RESPONSE BY 1/8/2018; REPLY BY 2/8/2018 ( oral argument set for 2/26/2018 04:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (FTR Log #2:40 - 2:45.) (Bollbach, Jean) |
| Filing 27 Letter MOTION for pre motion conference to seek leave to file a motion to dismiss pursuant to Fed. R. Civ. P. 12(b) by United States Atomic Energy Commission, United States Department of Defense, United States Nuclear Regulatory Commisson. (Schumacher, Robert) |
|
ORDER granting #27 Motion for Pre Motion Conference. By letter dated October 16, 2017, the federal defendants request a pre-motion conference in anticipation of filing a motion to dismiss. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Wednesday, October 25, 2017, at 2:30 p.m. At that time, counsel for the federal defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. Prior to the date of the conference, plaintiffs may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/16/2017. (Kuhn, Alyssa)
|
| Filing 26 Joint Motion to Dismiss for Failure to State a Claim by Todd M. Hooker for Defendant Vishay GSI, Inc. by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated. (Attachments: #1 Declaration of Lisa K. Rushton, #2 Exhibit A - Fact Sheet Published by the Environmental Protection Agency, #3 Exhibit B - Fact Sheet Published by the U.S. Army Corps of Engineers, #4 Exhibit C - Database Search, #5 Exhibit D - N.Y.S. Department of Environmental Conservation's Publication, #6 Exhibit E - Consent Decree, #7 Memorandum in Support) (Rushton, Lisa) |
| Filing 25 Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 9/7/2017, MOTION TO BE FILED BY 9/29/2017 ;RESPONSE BY 10/27/2017 ; REPLY BY 11/10/2017( oral argument set for 12/19/2017 04:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (FTR Log #2:40 - 2:45.) (Bollbach, Jean) |
|
Filing 24
STIPULATION AND ORDER of dismissal without prejudice pursuant to FRCP 41(a)(1) and order to amend caption. GTE Operations Support Incorporated, GTE Operations Support Incorporated, General Instruments Corporation, General Instruments Corporation, General Semiconductor, Inc., General Semiconductor, Inc., Verizon New York, Inc. (as successor to GTE Operations Support Incorporated, GTE Corporation, GTE Sylvania Incorporated, Verizon Inc., Verizon Communications, Inc. Sylvania Electrical Products Incorporated, and General Telephone and Electric Corp.), Verizon New York, Inc. (as successor to GTE Operations Support Incorporated, GTE Corporation, GTE Sylvania Incorporated, Verizon Inc., Verizon Communications, Inc. Sylvania Electrical Products Incorporated, and General Telephone and Electric Corp.), Vishay Intertechnology, Inc. (as successor to Vishay General Semiconductor, Inc., General Semiconductor, Inc., and General Instruments Corporation), Vishay Intertechnology, Inc. (as successor to Vishay General Semiconductor, Inc., General Semiconductor, Inc., and General Instruments Corporation), Vishay Mic Technology, Inc., Vishay Mic Technology, Inc., GTE Incorporated and GTE Incorporated terminated.. Ordered by Judge Joseph F. Bianco on 8/29/2017. (Bollbach, Jean)
|
| Filing 23 MOTION for pre motion conference on anticipated joint motion to dismiss by GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Vishay General Semiconductor, Inc., Vishay Intertechnology, Inc., Vishay Mic Technology, Inc.. (Hooker, Todd) |
| Filing 22 NOTICE of Voluntary Dismissal by 101 Frost Street Associates, L.P. Without Prejudice (Maldonado, Kevin) |
|
ORDER re #21 The time for General Instruments Corporation to answer, move or otherwise respond to the complaint is extended to and including September 21, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 8/29/2017. c/ecf (Imrie, Robert)
|
|
ORDER granting #23 Motion for Pre Motion Conference By letter dated August 29, 2017, the Sylvania and Vishay defendants request a pre-motion conference in anticipation of moving to dismiss. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on September 7, 2017 at 2:30 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED.. Ordered by Judge Joseph F. Bianco on 8/29/2017. (Hammond, Daniel)
|
| Filing 21 Letter MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Move, Second Request, On Consent by General Instruments Corporation. (O'Leary, Richard) |
| Filing 20 NOTICE of Appearance by Todd M. Hooker on behalf of General Semiconductor, Inc., Vishay General Semiconductor, Inc., Vishay Intertechnology, Inc., Vishay Mic Technology, Inc. (aty to be noticed) (Hooker, Todd) |
|
ORDER re #19 : The time for the United States Atomic Energy Commission; United States Department of Defense and United States Nuclear Regulatory Commission to answer, move or otherwise respond to the complaint is extended to and including October 16, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 8/16/2017. c/ecf (Imrie, Robert)
|
| Filing 19 MOTION for Extension of Time to File Answer by United States Atomic Energy Commission, United States Department of Defense, United States Nuclear Regulatory Commisson. (Schumacher, Robert) |
|
ORDER re #18 : The Motion of Todd M. Hooker for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/15/2017. c/ecf (Imrie, Robert)
|
| Filing 18 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9757163. by Vishay General Semiconductor, Inc., Vishay Intertechnology, Inc., Vishay Mic Technology, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Eisenbud, Frederick) |
| Filing 17 Corporate Disclosure Statement by Sulzer Metco (US) Inc. identifying Corporate Parent Oerlikon Metco for Sulzer Metco (US) Inc.. (Leff, Richard) |
| Filing 16 ANSWER to #1 Complaint, , CROSSCLAIM against All Defendants by Sulzer Metco (US) Inc.. (Leff, Richard) |
|
ORDER re #15 : The time for Vishay General Semiconductor, Inc.; Vishay Intertechnology, Inc. and Vishay Mic Technology, Inc. to answer, move or otherwise respond to the complaint is extended to and including August 31, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 8/3/2017. c/ecf (Imrie, Robert)
|
| Filing 15 Letter MOTION for Extension of Time to File Answer or Move the Complaint to August 31, 2017 by Vishay General Semiconductor, Inc., Vishay Intertechnology, Inc., Vishay Mic Technology, Inc.. (Eisenbud, Frederick) |
| Filing 14 NOTICE of Appearance by Frederick Eisenbud on behalf of Vishay General Semiconductor, Inc., Vishay Intertechnology, Inc., Vishay Mic Technology, Inc. (aty to be noticed) (Eisenbud, Frederick) |
|
ORDER granting #13 : The time for General Instruments Corporation to answer, move or otherwise respond to the complaint is extended to and including August 24, 2017. Ordered by Magistrate Judge Arlene R. Lindsay on 8/1/2017. (Lanin, Debbie)
|
| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Move, On Consent by General Instruments Corporation. (O'Leary, Richard) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint served on All Parties on 07/13/2017, filed by 101 Frost Street Associates, L.P.. (Maldonado, Kevin) |
| Filing 11 NOTICE of Appearance by Lisa Rushton on behalf of GTE Incorporated, GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Verizon New York, Inc. (notification declined or already on case) (Rushton, Lisa) |
|
ORDER re #10 : The Motion of Lisa K. Rushton for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2017. c/ecf (Imrie, Robert)
|
| Filing 10 MOTION for Leave to Appear Pro Hac Vice of Lisa K. Rushton Filing fee $ 150, receipt number 0207-9693627. by GTE Incorporated, GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Verizon New York, Inc.. (Attachments: #1 Affidavit Affidavit of Lisa K. Rushton in Support of Motion to Admit Pro Hac Vice, #2 Proposed Order) (Rushton, Lisa) |
|
Filing 9
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT granting #8 Motion for Extension of Time to Answer. So Ordered. (Ordered by Judge Joseph F. Bianco on 7/19/2017.) (Fagan, Linda)
|
| Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation and Order Extending Time to Respond to Complaint by GTE Incorporated, GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Verizon New York, Inc.. (Spafford, Michael) |
| Filing 7 Corporate Disclosure Statement by GTE Incorporated, GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Verizon New York, Inc. (Spafford, Michael) |
| Filing 6 NOTICE of Appearance by Michael L. Spafford on behalf of GTE Incorporated, GTE Operations Support Incorporated, GTE Sylvania Incorporated, Sylvania Electric Products Incorporated, Verizon New York, Inc. (aty to be noticed) (Spafford, Michael) |
| Filing 5 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bollbach, Jean) |
| Filing 4 Proposed Summons. by 101 Frost Street Associates, L.P. (Maldonado, Kevin) |
| Filing 3 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Next Millennium Realty, LLC, 101 Frost Street Associates, L.P.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) |
| FILING FEE: $ 400, receipt number 0207-9603344 (Rodin, Deanna) |
| Incorrect Document Entry Information. Complaint was entered as against plaintiffs and defendants were missing from the case; defendants were added; entry #1 was deleted and re-entered as against defendants. (Rodin, Deanna) |
| Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
| Proposed summons is rejected; the current form that is on the court's website is to be utilized; Counsel is advised to submit another proposed summons using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
