Suffolk County Water Authority v. The Dow Chemical Company et al
Plaintiff: Suffolk County Water Authority
Defendant: The Dow Chemical Company, Shell Oil Company, Procter & Gamble Co., Vulcan Materials Company, Procter & Gamble Company and Shell Oil Company individually and doing business as Shell Chemical LP
3Rd Party Plaintiff: Ferro Corporation
Interested Party: Nassau County and New York State Department of Environmental Conservation
Cross Defendant: 120Marcus Realty LLC, Empire Properties LI LLC, One Adams Owner LLC and Steel Forest, LLC
3Rd Party Defendant: 5 Cuba Hill Owner LLC, 550 Liberty Plaza LLC, Airport Plaza, LLC, Anthony Antoniou, Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust, Crescent Group Realty Inc., FED 717-725 LLC, FGG Realty Associates, LLC, GSM 717-725 LLC, ICA 717-725 LLC, Mako Properties, LLC, Omega Melville LLC, SAF 717-725 LLC, The Suffolk County Landbank Corporation, Town of Babylon, Town of Islip, Northrop Grumman Corporation and Arkwin Industries, Inc.
Case Number: 2:2017cv06980
Filed: November 30, 2017
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Joseph F Bianco
Referring Judge: Nina Gershon
2 Judge: Roanne L Mann
3 Judge: Anne Y Shields
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2022 Filing 280 RESPONSE to Motion re #275 Joint MOTION to Compel Non-Party New York State Department of Environmental Conservation to Produce Long Island Sampling Data Pursuant to Subpoena, by Plaintiff Suffolk County Water Authority, and filed by New York State Department of Environmental Conservation. (Attachments: #1 Proposed Amended Protective Order (displaying DEC's proposed revisions)) (Shterngel, Max)
March 25, 2022 Opinion or Order ORDER granting #279 Motion for Leave to File Excess Pages. Application granted. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2022. (Proujansky, Josh)
March 24, 2022 Filing 279 MOTION for Leave to File Excess Pages in Letter Response to 3/17/2022 Order to Show Cause by New York State Department of Environmental Conservation. (Shterngel, Max)
March 18, 2022 Filing 278 First MOTION for Extension of Time to File Response/Reply as to #275 Joint MOTION to Compel Non-Party New York State Department of Environmental Conservation to Produce Long Island Sampling Data Pursuant to Subpoena, by Plaintiff Suffolk County Water Authority, and to Order to Show Cause dated March 17, 2022 by New York State Department of Environmental Conservation. (Attachments: #1 Exhibit Exhibit A - Letter dated July 29, 2021 from DEC attorneys to Counsels of Record (with enclosures), #2 Exhibit Exhibit B - Emails of March 18, 2022 among counsel for DEC and counsels of record) (Shterngel, Max)
March 18, 2022 Filing 277 AFFIDAVIT of Service for Order to Show Cause entered by the Court 03/17/2022 regarding Joint Motion to Compel (ECF 275) served on Jeanne Neill, New York State Department of Environmental Conservation on 03/18/2022, filed by The Dow Chemical Company. (Attachments: #1 Certificate of Service (Email Courtesy Copy)) (Blanchet, Joel)
March 18, 2022 Opinion or Order ORDER granting in part and denying in part (278) Motion for Extension of Time in case 2:17-cv-06980-NG-RLM. Non-party New York State Department of Environmental Conservation ("DEC") has filed a letter (DE #278) requesting a conference with the Court to address the parties' joint motion (DE #275) concerning a confidentiality issue raised by DEC in response to a subpoena served on it; alternatively, DEC seeks an extension of the deadline by which it must respond to the parties' joint motion, from March 22, 2022 to March 29, 2022. The attorney for defendant Dow Chemical Company, who filed the parties' joint motion, has advised DEC that "we see no reason why a conference or extension are needed." DE #278 at 3 & Ex. B thereto.Having reviewed DEC's letter, and the 36 pages of attachments thereto, the Court hastens to underscore the limited nature of the parties' pending motion. While there appear to have been lengthy negotiations between DEC and counsel for the parties over the scope of the subpoenaed information, that issue is not now before the Court; instead, the parties have jointly asked the Court to resolve the confidentiality issue raised by DEC "so that it can promptly produce data it has otherwise indicated it has no objection to producing" (DE #275 at 1). In 2019, this Court so-ordered the parties' proposed Protective Order (DE #125), and the parties complain that "DEC has never provided the Parties with a satisfying explanation... why the existing Protective Order does not protect its [confidentiality] interests" (DE #275 at 2). That is the issue that DEC was directed to address in responding to the parties' motion, see 3/17/22 Order to Show Cause, and the Court concludes that that narrow issue does not warrant either a judicial conference or an additional week for DEC to file a written response. Nevertheless, since the DEC attorney more familiar with this matter is reportedly on vacation until March 23, 2022 (see DE #278 at 2 n.2), the Court grants in part DEC's request for an extension, but only until close of business on March 25, 2022. The Court expects that DEC's submission will particularize why it believes the existing Protective Order - which was intended to apply to materials produced by a non-party, see Section 18 of Protective Order - is inadequate and why the "extra confidentiality protection" offered by the parties does not sufficiently address DEC's concerns. Ordered by Magistrate Judge Roanne L. Mann on 3/18/2022. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
March 17, 2022 Filing 276 CERTIFICATE OF SERVICE by The Dow Chemical Company re #275 Joint MOTION to Compel Non-Party New York State Department of Environmental Conservation to Produce Long Island Sampling Data Pursuant to Subpoena, by Plaintiff Suffolk County Water Authority, and by Defendants The Dow Chemical Company, Vulcan Materials Company and Ferro Corporation (Blanchet, Joel)
March 17, 2022 Filing 275 Joint MOTION to Compel Non-Party New York State Department of Environmental Conservation to Produce Long Island Sampling Data Pursuant to Subpoena, by Plaintiff Suffolk County Water Authority, and by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Service of Subpoena on NYSDEC) (Blanchet, Joel)
March 17, 2022 Opinion or Order ORDER TO SHOW CAUSE re (275 in 2:17-cv-06980-NG-RLM) Joint MOTION to Compel Non-Party New York State Department of Environmental Conservation to Produce by Plaintiff Suffolk County Water Authority, and filed by Vulcan Materials Company, The Dow Chemical Company, Ferro Corporation. By March 22, 2022, the NYS Department of Environmental Conservation ("NYSDEC") is directed to show cause, in writing, why the parties' #275 motion to compel should not be granted, subject to the NYSDEC's designation of confidential materials pursuant to the Protective Order entered on July 30, 2019 (Ex. B to DE #125). The movants are directed to personally serve the NYSDEC with a copy of this Order to Show Cause by March 18, 2022. Ordered by Magistrate Judge Roanne L. Mann on 3/17/2022. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
February 28, 2022 Filing 274 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Jones, Katherine)
February 28, 2022 Filing 273 NOTICE of Appearance by Amanda Erin Lee-Dasgupta on behalf of Suffolk County Water Authority (notification declined or already on case) (Lee-Dasgupta, Amanda)
February 25, 2022 Filing 272 MOTION to Appear Pro Hac Vice for Plaintiff Suffolk County Water Authority Filing fee $ 150, receipt number ANYEDC-15324991. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Lee-Dasgupta, Amanda)
February 25, 2022 Opinion or Order ORDER granting #272 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 2/25/2022. (LK)
February 8, 2022 Filing 271 NOTICE of Appearance by Christopher Daniel Barraza on behalf of The Dow Chemical Company (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Barraza, Christopher)
February 8, 2022 Filing 270 NOTICE of Appearance by Sonia Haejin Lee on behalf of Vulcan Materials Company (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Lee, Sonia)
February 1, 2022 Opinion or Order ORDER granting, on consent #269 Motion for Extension of Time to Answer re #269 MOTION for Extension of Time to File Answer re #195 Third Party Complaint On Consent of Third Party Plaintiffs. Ordered by Magistrate Judge Roanne L. Mann on 2/1/2022. LK
January 31, 2022 Filing 269 MOTION for Extension of Time to File Answer re #195 Third Party Complaint,,,,,, On Consent of Third Party Plaintiffs by One Adams Owner LLC. (Gonzalez, Vincent)
January 31, 2022 Filing 268 NOTICE of Change of Madeline Greenblatt's E-Mail address Once the filing has been made, you must login to www.pacer.gov and update your account. (Greenblatt, Madeline)
January 28, 2022 Filing 267 NOTICE of Appearance by John Timothy Murray on behalf of The Dow Chemical Company (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Murray, John)
January 20, 2022 Opinion or Order ORDER: the Notice filed by Suffolk County Water Authority re (266 in 2:17-cv-06980-NG-RLM) is so-ordered. Attorney Margaret V. Tides terminated. Ordered by Magistrate Judge Roanne L. Mann on 1/20/2022. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
January 19, 2022 Filing 266 NOTICE by Suffolk County Water Authority of Withdrawal of Margaret V. Tides (Jones, Katherine)
January 18, 2022 Filing 265 MOTION to Withdraw as Attorney for Jeanette Bayoumi by Suffolk County Water Authority. (Bayoumi, Jeanette)
January 18, 2022 Filing 264 MOTION to Withdraw as Attorney for Tamara Freilich by Suffolk County Water Authority. (Freilich, Tamara)
January 18, 2022 Opinion or Order ORDER granting #264 , #265 Motion to Withdraw as Attorney. Attorneys Tamara Robyn Freilich and Jeanette Bayoumi terminated. Ordered by Magistrate Judge Roanne L. Mann on 1/18/2022. (Proujansky, Josh)
December 9, 2021 Filing 263 NOTICE of Appearance by Brett J. Young on behalf of Vulcan Materials Company (notification declined or already on case) (Young, Brett)
December 9, 2021 Filing 262 NOTICE of Appearance by Farooq A Tayab on behalf of Vulcan Materials Company (notification declined or already on case) (Tayab, Farooq)
December 7, 2021 Filing 261 NOTICE of Appearance by Lisa A. Azzato on behalf of The Suffolk County Landbank Corporation (aty to be noticed) (Azzato, Lisa)
December 6, 2021 Filing 260 STIPULATION to answer, move or otherwise reqpond to Third-Party Complaint by The Suffolk County Landbank Corporation (Azzato, Lisa)
December 6, 2021 Opinion or Order ORDER TO ANSWER re #260 Stipulation filed by The Suffolk County Landbank Corporation. The Stipulation is so-ordered. The Suffolk County Landbank Corporation's deadline to answer, move, or otherwise respond to the Third-Party Complaint is tolled and extended until thirty (30) days after the Court lifts the stay on the Third-Party Contribution Claims. Ordered by Magistrate Judge Roanne L. Mann on 12/6/2021. (Proujansky, Josh)
December 1, 2021 Opinion or Order ORDER granting #258 Motion for Extension of Time to Answer re #258 MOTION for Extension of Time to File Answer. Ordered by Magistrate Judge Roanne L. Mann on 12/1/2021. (LK)
November 30, 2021 Filing 259 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Jones, Katherine)
November 30, 2021 Filing 258 MOTION for Extension of Time to File Answer re #195 Third Party Complaint,,,,,, With Consent of Third Party Plaintiffs by 120Marcus Realty LLC. (Levitt, Paul)
November 29, 2021 Filing 257 NOTICE of Appearance by Paul E. Levitt on behalf of 120Marcus Realty LLC (aty to be noticed) (Levitt, Paul)
November 22, 2021 Opinion or Order ORDER Application granted, on consent. #255 Motion for Extension of Time to Answer re #255 MOTION for Extension of Time to File Answer re #195 Third Party Complaint... Stipulation to be So Ordered. Ordered by Magistrate Judge Roanne L. Mann on 11/22/2021. (LK) Modified to add on consent on 11/22/2021 (LK).
November 19, 2021 Filing 256 MOTION to Appear Pro Hac Vice - Farooq A. Tayab Filing fee $ 150, receipt number ANYEDC-15048324. by Vulcan Materials Company. (Attachments: #1 Affidavit of Farooq A. Tayab in Support of Motion to Admit Counsel Pro Hac Vice) (Tayab, Farooq)
November 19, 2021 Opinion or Order ORDER granting #256 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 11/19/2021. (LK)
November 17, 2021 Filing 255 MOTION for Extension of Time to File Answer re #195 Third Party Complaint,,,,,, Stipulation to be So Ordered by Crescent Group Realty Inc.. (Spinner, Amanda)
November 17, 2021 Filing 254 NOTICE of Appearance by Amanda Elizabeth Spinner on behalf of Crescent Group Realty Inc. (aty to be noticed) (Spinner, Amanda)
November 16, 2021 Filing 253 NOTICE of Appearance by Margaret Victoria Tides on behalf of Suffolk County Water Authority (notification declined or already on case) (Tides, Margaret)
November 16, 2021 Opinion or Order ORDER [DE #252-1]: is so-ordered. Ordered by Magistrate Judge Roanne L. Mann on 11/16/2021. (LK)
November 15, 2021 Filing 252 Letter to Court Regarding Defendants Time to Respond to Third-Party Defendant Counterclaim and Cross-Complaint by Ferro Corporation (Attachments: #1 Proposed Order) (Hassan, Amina)
November 15, 2021 Filing 251 Letter advising Court of Updated e-mail address of Madeline Greenblatt by Mako Properties, LLC (Greenblatt, Madeline)
November 12, 2021 Filing 250 NOTICE of Appearance by Matthew D Donovan on behalf of Mako Properties, LLC (aty to be noticed) (Donovan, Matthew)
November 12, 2021 Opinion or Order ORDER granting #247 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 11/12/2021. (LK)
November 12, 2021 Opinion or Order ORDER granting #249 Motion for Extension of Time to Answer re #249 MOTION for Extension of Time to File Answer - Stipulation Extending Mako Properties, LLC's Time to Answer the Third-Party Complaint. Ordered by Magistrate Judge Roanne L. Mann on 11/12/2021. (LK)
November 11, 2021 Filing 249 MOTION for Extension of Time to File Answer - Stipulation Extending Mako Properties, LLC's Time to Answer the Third-Party Complaint by Mako Properties, LLC. (Greenblatt, Madeline)
November 11, 2021 Filing 248 NOTICE of Appearance by Madeline Greenblatt on behalf of Mako Properties, LLC (aty to be noticed) (Greenblatt, Madeline)
November 10, 2021 Filing 247 Notice of MOTION to Appear Pro Hac Vice for Margaret V. Tides Filing fee $ 150, receipt number ANYEDC-15018215. by Suffolk County Water Authority. (Attachments: #1 Affidavit) (Tides, Margaret)
November 4, 2021 Filing 246 Anthony Antoniou's ANSWER to #195 Third Party Complaint,,,,,, , First CROSSCLAIM against Crescent Group Realty Inc., ICA 717-725 LLC, 120Marcus Realty LLC, One Adams Owner LLC, Steel Forest, LLC, Empire Properties LI LLC, Arkwin Industries, Inc., FGG Realty Associates, LLC, Town of Babylon, SAF 717-725 LLC, The Suffolk County Landbank Corporation, Mako Properties, LLC, Procter & Gamble Company, Airport Plaza, LLC, Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust, Town of Islip, 550 Liberty Plaza LLC, GSM 717-725 LLC, Shell Oil Company, FED 717-725 LLC, 5 Cuba Hill Owner LLC, Omega Melville LLC, First COUNTERCLAIM against Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company by Anthony Antoniou. (Soller, Frederick)
November 2, 2021 Filing 245 NOTICE of Appearance by Quentin C. Karpilow on behalf of Suffolk County Water Authority (notification declined or already on case) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Karpilow, Quentin)
November 2, 2021 Filing 244 Notice of MOTION to Appear Pro Hac Vice for Quentin C. Karpilow Filing fee $ 150, receipt number ANYEDC-14991686. by Suffolk County Water Authority. (Attachments: #1 Affidavit) (Karpilow, Quentin)
November 2, 2021 Opinion or Order ORDER granting #244 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 11/2/2021. (LK)
October 22, 2021 Opinion or Order Filing 243 MEMORANDUM AND ORDER granting (232) Motion to Sever in case 2:17-cv-06980-NG-RLM. The plaintiffs' motion is granted and the third-party claims are severed and stayed until resolution of the plaintiffs' claims, or until further order of the Court. Ordered by Judge Nina Gershon and Magistrate Judge Roanne L. Mann on 10/22/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
October 22, 2021 Opinion or Order ORDER As the claims against the third-party defendants have been severed and stayed (see DE #243 in 17cv6980), this Court now approves the remote deposition protocol stipulated to by plaintiffs and defendants (DE #239 in 17cv6980). Ordered by Magistrate Judge Roanne L. Mann on 10/22/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (LK)
October 20, 2021 Filing 242 REPLY in Support re #237 Response in Opposition to Motion,,,, to Sever and Stay filed by Arkwin Industries, Inc.. (Martin, John)
October 20, 2021 Filing 241 REPLY in Support re (87 in 2:19-cv-02990-NG-RLM, 91 in 2:19-cv-03570-NG-RLM, 92 in 2:19-cv-01351-NG-RLM, 100 in 2:18-cv-07277-NG-RLM, 104 in 2:18-cv-07271-NG-RLM, 107 in 2:18-cv-07266-NG-RLM, 100 in 2:18-cv-07278-NG-RLM, 92 in 2:19-cv-03197-NG-RLM, 117 in 2:19-cv-01404-NG-RLM, 102 in 2:18-cv-07281-NG-RLM, 90 in 2:19-cv-02973-NG-RLM, 90 in 2:19-cv-03059-NG-RLM, 85 in 2:19-cv-02986-NG-RLM, 100 in 2:18-cv-07269-NG-RLM, 99 in 2:18-cv-07279-NG-RLM, 98 in 2:18-cv-07272-NG-RLM, 134 in 2:19-cv-02150-NG-RLM, 88 in 2:19-cv-02490-NG-RLM, 113 in 2:19-cv-01348-NG-RLM, 112 in 2:19-cv-05632-NG-RLM, 97 in 2:18-cv-07282-NG-RLM, 232 in 2:17-cv-06980-NG-RLM, 91 in 2:19-cv-02975-NG-RLM, 66 in 2:19-cv-05825-NG-RLM, 116 in 2:19-cv-05775-NG-RLM, 91 in 2:19-cv-02974-NG-RLM, 102 in 2:19-cv-00085-NG-RLM) Letter MOTION to Sever and Stay Third-Party Contribution Claims filed by Suffolk County Water Authority. (Attachments: #1 Exhibit 1) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
October 20, 2021 Filing 240 REPLY to Response to Motion re (87 in 2:19-cv-02990-NG-RLM, 91 in 2:19-cv-03570-NG-RLM, 92 in 2:19-cv-01351-NG-RLM, 100 in 2:18-cv-07277-NG-RLM, 104 in 2:18-cv-07271-NG-RLM, 107 in 2:18-cv-07266-NG-RLM, 100 in 2:18-cv-07278-NG-RLM, 92 in 2:19-cv-03197-NG-RLM, 117 in 2:19-cv-01404-NG-RLM, 102 in 2:18-cv-07281-NG-RLM, 90 in 2:19-cv-02973-NG-RLM, 90 in 2:19-cv-03059-NG-RLM, 85 in 2:19-cv-02986-NG-RLM, 100 in 2:18-cv-07269-NG-RLM, 99 in 2:18-cv-07279-NG-RLM, 98 in 2:18-cv-07272-NG-RLM, 134 in 2:19-cv-02150-NG-RLM, 88 in 2:19-cv-02490-NG-RLM, 113 in 2:19-cv-01348-NG-RLM, 112 in 2:19-cv-05632-NG-RLM, 97 in 2:18-cv-07282-NG-RLM, 232 in 2:17-cv-06980-NG-RLM, 91 in 2:19-cv-02975-NG-RLM, 66 in 2:19-cv-05825-NG-RLM, 116 in 2:19-cv-05775-NG-RLM, 91 in 2:19-cv-02974-NG-RLM, 102 in 2:19-cv-00085-NG-RLM) Letter MOTION to Sever and Stay Third-Party Contribution Claims Defendants' Response to Third-Party Defendants' Submissions in Support of Plaintiffs' Motion filed by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (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) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
October 20, 2021 Opinion or Order ORDER The Court has reviewed yesterday's joint application for approval of a remote deposition protocol, agreed to by plaintiffs and defendants in these related cases (see DE #239 in the Suffolk County Water Authority case, 17cv6980). As an initial matter, their request should have been docketed as an ECF motion event, as required by this Court's Individual Rules. Moreover, the movants apparently did not seek input from the many third-party defendants. Although there are pending motions to sever the third-party claims, those motions have not been decided and, in the event the motions are denied, the protocol proposed by plaintiffs and defendants would impact the third-party defendants, who therefore should have been consulted. For the foregoing reasons, the request for approval is denied without prejudice. Ordered by Magistrate Judge Roanne L. Mann on 10/20/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (LK)
October 19, 2021 Filing 239 Letter to The Honorable Roanne L. Mann on behalf of all Plaintiffs and Defendants, dated October 19, 2021 by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company (Attachments: #1 Exhibit A - Stipulation and [Proposed Order] Regarding Remote Deposition Protocol) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Galant, Felice)
October 14, 2021 Opinion or Order SCHEDULING ORDER: By close of business on October 20, 2021, plaintiffs shall reply to defendants' opposition to plaintiffs' motion to sever the third-party claims and defendants shall respond to the submissions of the third-party defendants in support of plaintiffs' motion to sever. Ordered by Magistrate Judge Roanne L. Mann on 10/14/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
October 13, 2021 Filing 238 RESPONSE to Motion re (134 in 2:19-cv-02150-NG-RLM, 113 in 2:19-cv-01348-NG-RLM, 117 in 2:19-cv-01404-NG-RLM, 232 in 2:17-cv-06980-NG-RLM) Letter MOTION to Sever and Stay Third-Party Contribution Claims filed by Northrop Grumman Corporation. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM, 2:19-cv-01404-NG-RLM, 2:19-cv-02150-NG-RLM (Chertok, Mark)
October 13, 2021 Filing 237 RESPONSE in Opposition re (87 in 2:19-cv-02990-NG-RLM, 91 in 2:19-cv-03570-NG-RLM, 92 in 2:19-cv-01351-NG-RLM, 100 in 2:18-cv-07277-NG-RLM, 104 in 2:18-cv-07271-NG-RLM, 107 in 2:18-cv-07266-NG-RLM, 100 in 2:18-cv-07278-NG-RLM, 92 in 2:19-cv-03197-NG-RLM, 117 in 2:19-cv-01404-NG-RLM, 102 in 2:18-cv-07281-NG-RLM, 90 in 2:19-cv-02973-NG-RLM, 90 in 2:19-cv-03059-NG-RLM, 85 in 2:19-cv-02986-NG-RLM, 100 in 2:18-cv-07269-NG-RLM, 99 in 2:18-cv-07279-NG-RLM, 98 in 2:18-cv-07272-NG-RLM, 134 in 2:19-cv-02150-NG-RLM, 88 in 2:19-cv-02490-NG-RLM, 113 in 2:19-cv-01348-NG-RLM, 112 in 2:19-cv-05632-NG-RLM, 97 in 2:18-cv-07282-NG-RLM, 232 in 2:17-cv-06980-NG-RLM, 91 in 2:19-cv-02975-NG-RLM, 66 in 2:19-cv-05825-NG-RLM, 116 in 2:19-cv-05775-NG-RLM, 91 in 2:19-cv-02974-NG-RLM, 102 in 2:19-cv-00085-NG-RLM) Letter MOTION to Sever and Stay Third-Party Contribution Claims filed by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
October 12, 2021 Opinion or Order ORDER terminating motion - it was misdocketed. #235 Motion for Extension of Time to Answer re #235 Letter MOTION for Extension of Time to Ordered by Magistrate Judge Roanne L. Mann on 10/12/2021. (LK)
October 12, 2021 Opinion or Order ORDER terminating motion - it was misdocketed. #236 Motion for Extension of Time to Answer re #236 Letter MOTION for Extension of Time to File Answer re (98 in 2:18-cv-07271-NG-RLM) Third Party Complaint, Ordered by Magistrate Judge Roanne L. Mann on 10/12/2021. (LK)
October 8, 2021 Filing 236 Letter MOTION for Extension of Time to File Answer re (98 in 2:18-cv-07271-NG-RLM) Third Party Complaint, by Long Island Jewish Medical Center. Associated Cases: 2:17-cv-06980-NG-RLM, 2:18-cv-07271-NG-RLM (Chertok, Mark)
October 8, 2021 Filing 235 Letter MOTION for Extension of Time to File Answer re (96 in 2:19-cv-00085-NG-RLM) Third Party Complaint, by Long Island Jewish Medical Center. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-00085-NG-RLM (Chertok, Mark)
October 7, 2021 Filing 234 NOTICE of Appearance by James Jeffrey Doody on behalf of The Dow Chemical Company (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Doody, James)
October 6, 2021 Filing 233 RESPONSE to Motion re #232 Letter MOTION to Sever and Stay Third-Party Contribution Claims filed by Town of Babylon, Town of Islip. (Wexler, William)
October 6, 2021 Opinion or Order ORDER Judge Gershon and Judge Mann jointly direct that all responses to plaintiffs' October 5th Letter-Motion to Sever and Stay Third-Party Contribution Claims (DE #232 in 17cv6980) must be filed by close of business on October 13, 2021. Although third-party defendants need not respond, a third-party defendant's failure to do so will be deemed to represent lack of opposition to plaintiffs' motion. Ordered by Magistrate Judge Roanne L. Mann on 10/6/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (LK)
October 5, 2021 Filing 232 Letter MOTION to Sever and Stay Third-Party Contribution Claims by Suffolk County Water Authority. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
October 5, 2021 Filing 231 First MOTION for Extension of Time to File Answer to Third-Party Complaint by Anthony Antoniou. (Soller, Frederick)
October 5, 2021 Filing 230 NOTICE of Appearance by Frederick Soller on behalf of Anthony Antoniou (aty to be noticed) (Soller, Frederick)
October 5, 2021 Opinion or Order ORDER Application granted, on consent #231 Motion for Extension of Time to Answer re #231 First MOTION for Extension of Time to File Answer to Third-Party Complaint Anthony Antoniou answer is due 11/5/2021. Ordered by Magistrate Judge Roanne L. Mann on 10/5/2021. (LK)
October 1, 2021 Filing 229 NOTICE of Appearance by Elizabeth Read Knauer on behalf of Northrop Grumman Corporation (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM (Knauer, Elizabeth)
October 1, 2021 Filing 228 NOTICE of Appearance by Elizabeth Read Knauer on behalf of Northrop Grumman Corporation (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01404-NG-RLM (Knauer, Elizabeth)
October 1, 2021 Filing 227 NOTICE of Appearance by Elizabeth Read Knauer on behalf of Northrop Grumman Corporation (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM (Knauer, Elizabeth)
September 28, 2021 Filing 226 NOTICE of Appearance by Mark A. Chertok on behalf of Northrop Grumman Corporation (notification declined or already on case) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM (Chertok, Mark)
September 28, 2021 Filing 225 NOTICE of Appearance by Mark A. Chertok on behalf of Northrop Grumman Corporation (notification declined or already on case) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01404-NG-RLM (Chertok, Mark)
September 28, 2021 Filing 224 NOTICE of Appearance by Mark A. Chertok on behalf of Northrop Grumman Corporation, Northrop Grumman Corporation (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM (Chertok, Mark)
September 28, 2021 Filing 223 Letter MOTION for Extension of Time to File Answer re (101 in 2:19-cv-01348-NG-RLM) Third Party Complaint,, by Northrop Grumman Corporation. (Attachments: #1 Proposed Order Stipulation) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM (Chertok, Mark)
September 28, 2021 Filing 222 Letter MOTION for Extension of Time to File Answer re (101 in 2:19-cv-01404-NG-RLM) Third Party Complaint,, by Northrop Grumman Corporation. (Attachments: #1 Proposed Order Stipulation) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01404-NG-RLM (Chertok, Mark)
September 28, 2021 Filing 221 Letter MOTION for Extension of Time to File Answer re (117 in 2:19-cv-02150-NG-RLM) Third Party Complaint,,, by Northrop Grumman Corporation. (Attachments: #1 Proposed Order Stipulation) Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM (Chertok, Mark)
September 28, 2021 Opinion or Order ORDER granting #221 Motion for Extension of Time to Answer (117 in 2:19-cv-02150-NG-RLM) Third Party Complaint, #222 Letter MOTION for Extension of Time to File Answer (101 in 2:19-cv-01404-NG-RLM); #223 Letter MOTION for Extension of Time to File Answer (101 in 2:19-cv-01348-NG-RLM). Northrop Grumman Corporation answer due 10/29/2021. Ordered by Magistrate Judge Roanne L. Mann on 9/28/2021. (Proujansky, Josh)
September 27, 2021 Filing 220 ANSWER to #195 Third Party Complaint,,,,,, by Town of Babylon, Town of Islip. (Wexler, William)
September 20, 2021 Filing 219 SUMMONS Returned Executed by The Dow Chemical Company. Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust served on 9/16/2021, answer due 10/7/2021. (Blanchet, Joel)
September 20, 2021 Filing 218 SUMMONS Returned Executed by The Dow Chemical Company. Anthony Antoniou served on 9/15/2021, answer due 10/6/2021. (Blanchet, Joel)
September 15, 2021 Filing 217 NOTICE by Suffolk County Water Authority Notice of Withdrawal of Counsel (Jones, Katherine)
September 15, 2021 Filing 216 SUMMONS Returned Executed by The Dow Chemical Company. Town of Islip served on 9/8/2021, answer due 9/29/2021. (Blanchet, Joel)
September 15, 2021 Filing 215 SUMMONS Returned Executed by The Dow Chemical Company. Town of Babylon served on 9/8/2021, answer due 9/29/2021. (Blanchet, Joel)
September 15, 2021 Filing 214 SUMMONS Returned Executed by The Dow Chemical Company. The Suffolk County Landbank Corporation served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 213 SUMMONS Returned Executed by The Dow Chemical Company. Steel Forest, LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 212 SUMMONS Returned Executed by The Dow Chemical Company. SAF 717-725 LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 211 SUMMONS Returned Executed by The Dow Chemical Company. One Adams Owner LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 210 SUMMONS Returned Executed by The Dow Chemical Company. Omega Melville LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 209 SUMMONS Returned Executed by The Dow Chemical Company. Mako Properties, LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 208 SUMMONS Returned Executed by The Dow Chemical Company. ICA 717-725 LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 207 SUMMONS Returned Executed by The Dow Chemical Company. GSM 717-725 LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 206 SUMMONS Returned Executed by The Dow Chemical Company. FGG Realty Associates, LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 205 SUMMONS Returned Executed by The Dow Chemical Company. FED 717-725 LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 204 SUMMONS Returned Executed by The Dow Chemical Company. Empire Properties LI LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 203 SUMMONS Returned Executed by The Dow Chemical Company. Crescent Group Realty Inc. served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 202 SUMMONS Returned Executed by The Dow Chemical Company. Airport Plaza, LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 201 SUMMONS Returned Executed by The Dow Chemical Company. 550 Liberty Plaza LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 200 SUMMONS Returned Executed by The Dow Chemical Company. 120Marcus Realty LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 15, 2021 Filing 199 SUMMONS Returned Executed by The Dow Chemical Company. 5 Cuba Hill Owner LLC served on 9/9/2021, answer due 9/30/2021. (Blanchet, Joel)
September 1, 2021 Filing 198 STATUS REPORT Joint Status Report by The Dow Chemical Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
September 1, 2021 Filing 197 Third Party Summons Issued as to 120Marcus Realty LLC, 5 Cuba Hill Owner LLC, 550 Liberty Plaza LLC, Airport Plaza, LLC, Anthony Antoniou, Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust, Crescent Group Realty Inc., Empire Properties LI LLC, FED 717-725 LLC, FGG Realty Associates, LLC, GSM 717-725 LLC, ICA 717-725 LLC, Mako Properties, LLC, Omega Melville LLC, One Adams Owner LLC, SAF 717-725 LLC, Steel Forest, LLC, The Suffolk County Landbank Corporation, Town of Babylon, Town of Islip. (Guzzi, Roseann)
August 31, 2021 Filing 196 Proposed Summons. Re #195 Third Party Complaint,,,,,, by The Dow Chemical Company (Blanchet, Joel)
August 30, 2021 Filing 195 THIRD PARTY COMPLAINT against 120Marcus Realty LLC, 5 Cuba Hill Owner LLC, 550 Liberty Plaza LLC, Airport Plaza, LLC, Anthony Antoniou, Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust, Crescent Group Realty Inc., Empire Properties LI LLC, FED 717-725 LLC, FGG Realty Associates, LLC, GSM 717-725 LLC, ICA 717-725 LLC, Mako Properties, LLC, Omega Melville LLC, One Adams Owner LLC, SAF 717-725 LLC, Steel Forest, LLC, The Suffolk County Landbank Corporation, Town of Babylon, Town of Islip, filed by Vulcan Materials Company, Ferro Corporation, The Dow Chemical Company. (Attachments: #1 Exhibit A-Plaintiff's Complaint, #2 Proposed Summons 120Marcus Realty LLC, #3 Proposed Summons 5 Cuba Hill Owner LLC, #4 Proposed Summons 550 Liberty Plaza LLC, #5 Proposed Summons Airport Plaza, LLC, #6 Proposed Summons Anthony Antoniou, #7 Proposed Summons Anwar Chitayat as Trustee of the Anwar Chitayat Anwar Chitayat as Trustee of the Anwar Chitayat Environmental TrustEnvironmental Trust, #8 Proposed Summons Crescent Group Realty Inc., #9 Proposed Summons Empire Properties LI LLC, #10 Proposed Summons FED 717-725 LLC, #11 Proposed Summons FGG Realty Associates, LLC, #12 Proposed Summons GSM 717-725 LLC, #13 Proposed Summons ICA 717-725 LLC, #14 Proposed Summons Mako Properties, LLC, #15 Proposed Summons Omega Melville LLC, #16 Proposed Summons One Adams Owner LLC, #17 Proposed Summons SAF 717-725 LLC, #18 Proposed Summons Steel Forest, LLC, #19 Proposed Summons The Suffolk County Landbank Corporation, #20 Proposed Summons Town of Babylon, #21 Proposed Summons Town of Islip) (Blanchet, Joel)
August 30, 2021 Filing 194 NOTICE of Appearance by Amina Hassan on behalf of Ferro Corporation (aty to be noticed) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Hassan, Amina)
August 30, 2021 Filing 193 NOTICE of Appearance by Faranak Sharon Tabatabai Asl on behalf of Ferro Corporation (notification declined or already on case) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Tabatabai Asl, Faranak)
August 13, 2021 Filing 192 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Biehl, Stephanie)
August 4, 2021 Filing 191 NOTICE of Appearance by Lauren Jacobson Bernstein on behalf of Procter & Gamble Company (aty to be noticed) (Bernstein, Lauren)
July 28, 2021 Filing 190 NOTICE of Appearance by Tamara Robyn Freilich on behalf of Suffolk County Water Authority (notification declined or already on case) (Freilich, Tamara)
July 28, 2021 Filing 189 MOTION to Appear Pro Hac Vice for Tamara Freilich Filing fee $ 150, receipt number ANYEDC-14697774. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Freilich, Tamara)
July 28, 2021 Opinion or Order ORDER granting #189 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 7/28/2021. (LK)
July 16, 2021 Filing 188 STATUS REPORT Joint Status Report by The Dow Chemical Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
July 9, 2021 Filing 187 MOTION to Appear Pro Hac Vice - Brett Young Filing fee $ 150, receipt number ANYEDC-14641321. by Vulcan Materials Company. (Attachments: #1 Affidavit of Brett Young in Support of Motion to Admit Counsel Pro Hac Vice, #2 TX Certificate of Good Standing) (Young, Brett)
July 9, 2021 Opinion or Order ORDER granting (187) Motion for Leave to Appear Pro Hac Vice in case 2:17-cv-06980-NG-RLM. Ordered by Magistrate Judge Roanne L. Mann on 7/9/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
July 6, 2021 Opinion or Order ORDER: The Court so-orders the parties' stipulated Privilege Log Protocol, docketed as DE #186-1 in 17cv6980. Ordered by Magistrate Judge Roanne L. Mann on 7/6/2021. (LK)
July 2, 2021 Filing 186 STIPULATION re Privilege Log Protocol by Suffolk County Water Authority (Attachments: #1 Exhibit A - Stipulated Privilege Log Protocol) (Bayoumi, Jeanette)
June 24, 2021 Opinion or Order ORDER (184) Motion for Extension of Time to File in case 2:17-cv-06980-NG-RLM Application granted, without objection. The extension of this deadline does not affect the balance of the schedule set by the Court.Ordered by Magistrate Judge Roanne L. Mann on 6/24/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (LK)
June 23, 2021 Filing 185 DECLARATION re (59 in 2:19-cv-05825-NG-RLM) Letter MOTION for Extension of Time to File an unopposed 45-day extension of the deadline to add third-party defendants in all 27 Related Cases under Your Honors March 19, 2021 Order (ECF # 171) (Scheduling Order) of Letitia Maile Smith in Support of Defendants' Motion to Extend Time to add Third-Party Defendants. by Vulcan Materials Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Dillard, Stephen)
June 23, 2021 Filing 184 Letter MOTION for Extension of Time to File an unopposed 45-day extension of the deadline to add third-party defendants in all 27 Related Cases under Your Honors March 19, 2021 Order (ECF # 171) (Scheduling Order) by Vulcan Materials Company. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Dillard, Stephen)
June 21, 2021 Opinion or Order STATUS REPORT ORDER The parties to these related actions are directed to file their further updated joint status report by July 16, 2021. Ordered by Magistrate Judge Roanne L. Mann on 6/21/2021. (LK)
June 17, 2021 Filing 183 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Biehl, Stephanie)
June 11, 2021 Filing 182 NOTICE of Appearance by James D. Gotz on behalf of Suffolk County Water Authority (notification declined or already on case) (Gotz, James)
June 11, 2021 Opinion or Order ORDER granting #181 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 6/11/2021. (LK)
June 10, 2021 Filing 181 MOTION to Appear Pro Hac Vice for Attorney James D. Gotz Filing fee $ 150, receipt number ANYEDC-14554395. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Gotz, James)
June 3, 2021 Filing 180 STATUS REPORT Joint Status Report by The Dow Chemical Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
May 27, 2021 Filing 179 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Biehl, Stephanie)
May 24, 2021 Filing 178 OFFICIAL TRANSCRIPT of Proceedings held on May 20, 2021, before Judge Mann. Court Transcriber: Aria Services Inc., Telephone number (845) 260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court 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 6/14/2021. Redacted Transcript Deadline set for 6/24/2021. Release of Transcript Restriction set for 8/23/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Rocco, Christine)
May 20, 2021 Filing 177 Minute Entry and Order for proceedings held on 5/20/21 before Magistrate Judge Roanne L. Mann denying in part, without prejudice (173) Motion to Compel and (174) Motion to Compel in case 2:17-cv-06980-NG-RLM. Argument heard regarding defendants' #173 , #174 motions to compel. The parties must file a joint status report by May 27, 2021, following renewed efforts to resolve or at least narrow the scope of their discovery disputes, as described in the attached. See attached. Associated Cases: 2:17-cv-06980-NG-RLM et al.(Proujansky, Josh). Modified on 5/21/2021 (Proujansky, Josh).
May 17, 2021 Opinion or Order SCHEDULING ORDER: A telephonic hearing will be held on May 20, 2021 at 3:00 p.m., to address defendants' pending motions to compel. To access the hearing, call (877) 336-1839 and dial the access code 6672833. Associated Cases: 2:17-cv-06980-NG-RLM et al. (GM)
May 6, 2021 Filing 176 RESPONSE in Opposition re (174 in 2:17-cv-06980-NG-RLM, 72 in 2:19-cv-03059-NG-RLM, 72 in 2:19-cv-02975-NG-RLM, 101 in 2:19-cv-02150-NG-RLM, 82 in 2:18-cv-07278-NG-RLM, 85 in 2:18-cv-07277-NG-RLM, 51 in 2:19-cv-05825-NG-RLM, 70 in 2:19-cv-02986-NG-RLM, 72 in 2:19-cv-02990-NG-RLM, 72 in 2:19-cv-02973-NG-RLM, 83 in 2:18-cv-07272-NG-RLM, 84 in 2:18-cv-07271-NG-RLM, 51 in 2:19-cv-05775-NG-RLM, 86 in 2:18-cv-07266-NG-RLM, 76 in 2:19-cv-05632-NG-RLM, 85 in 2:18-cv-07269-NG-RLM, 82 in 2:19-cv-00085-NG-RLM, 84 in 2:18-cv-07279-NG-RLM, 77 in 2:19-cv-01351-NG-RLM, 87 in 2:19-cv-01404-NG-RLM, 73 in 2:19-cv-02490-NG-RLM, 65 in 2:19-cv-03570-NG-RLM, 82 in 2:18-cv-07281-NG-RLM, 72 in 2:19-cv-02974-NG-RLM, 72 in 2:19-cv-03197-NG-RLM, 82 in 2:18-cv-07282-NG-RLM, 87 in 2:19-cv-01348-NG-RLM) Letter MOTION to Compel Plaintiffs to produce documents responsive to outstanding requests filed by Suffolk County Water Authority. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
May 6, 2021 Filing 175 RESPONSE in Opposition re (84 in 2:18-cv-07269-NG-RLM, 50 in 2:19-cv-05825-NG-RLM, 81 in 2:18-cv-07278-NG-RLM, 86 in 2:19-cv-01404-NG-RLM, 81 in 2:18-cv-07281-NG-RLM, 86 in 2:19-cv-01348-NG-RLM, 71 in 2:19-cv-02973-NG-RLM, 83 in 2:18-cv-07279-NG-RLM, 75 in 2:19-cv-05632-NG-RLM, 76 in 2:19-cv-01351-NG-RLM, 72 in 2:19-cv-02490-NG-RLM, 64 in 2:19-cv-03570-NG-RLM, 85 in 2:18-cv-07266-NG-RLM, 100 in 2:19-cv-02150-NG-RLM, 83 in 2:18-cv-07271-NG-RLM, 84 in 2:18-cv-07277-NG-RLM, 81 in 2:19-cv-00085-NG-RLM, 173 in 2:17-cv-06980-NG-RLM, 71 in 2:19-cv-03059-NG-RLM, 82 in 2:18-cv-07272-NG-RLM, 69 in 2:19-cv-02986-NG-RLM, 81 in 2:18-cv-07282-NG-RLM, 71 in 2:19-cv-02974-NG-RLM, 50 in 2:19-cv-05775-NG-RLM, 71 in 2:19-cv-03197-NG-RLM, 71 in 2:19-cv-02990-NG-RLM, 71 in 2:19-cv-02975-NG-RLM) Letter MOTION to Compel Plaintiffs to cure omissions in responses to interrogatories filed by Suffolk County Water Authority. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
April 30, 2021 Opinion or Order SCHEDULING ORDER re (174, 175 in 2:17-cv-06980-NG-RLM) Letter MOTION to Compel Plaintiffs to produce documents responsive to outstanding requests and Letter MOTION to Compel Plaintiffs to cure omissions in responses to interrogatories. Plaintiffs' responses must be filed by May 6, 2021. Ordered by Magistrate Judge Roanne L. Mann on 4/30/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
April 29, 2021 Filing 174 Letter MOTION to Compel Plaintiffs to produce documents responsive to outstanding requests by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company, Procter & Gamble Company, Shell Oil Company, Procter & Gamble, Shell Oil Company. (Attachments: #1 Appendix A (Well File Production), #2 Appendix B (Email Discrepancies), #3 Exhibit A (Defs 1st Interrog to Pltfs), #4 Exhibit B (Letter 4.12.21), #5 Exhibit C (Letter 3.10.21), #6 Exhibit D (Letter 10.12.20), #7 Exhibit E (SCWA Resp to Defs 1st Interrog), #8 Exhibit F (Letter 11.25.20), #9 Exhibit G (Letter 12.14.20), #10 Exhibit H (Letter 1.30.20), #11 Exhibit I (Letter 4.15.21), #12 Exhibit J (SCWA Stmt to Customers 2.5.21)) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
April 29, 2021 Filing 173 Letter MOTION to Compel Plaintiffs to cure omissions in responses to interrogatories by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company, Procter & Gamble Company, Shell Oil Company, Procter & Gamble, Shell Oil Company. (Attachments: #1 Appendix A (Summary of Interrogatory Responses), #2 Appendix B (Interrogatory Compilation), #3 Exhibit A (Defs 1st Interrog to Pltfs), #4 Exhibit B (Transcript 12.10.19), #5 Exhibit C (Letter 3.10.21), #6 Exhibit D (Letter 4.12.21), #7 Exhibit E (Letter 4.15.21), #8 Exhibit F (Letter 4.16.21), #9 Exhibit G (Letter 4.16.21), #10 Exhibit H (Positive Quarterly List), #11 Exhibit I (Letter 12.14.20), #12 Exhibit J (MOU), #13 Exhibit K (2015 Fact Sheet), #14 Exhibit L (Suffolk Co. Water Res Mgnt Plan), #15 Exhibit M (Agreement), #16 Exhibit N (Newsday Article)) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
April 19, 2021 Filing 172 Letter pursuant to March 19, 2021 Order by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
March 19, 2021 Opinion or Order Filing 171 SCHEDULING ORDER re (170) Motion for Discovery in case 2:17-cv-06980-NG-RLM. Substantial completion of outstanding party document requests by March 31, 2021. A joint status report is due by June 3, 2021 (and approximately every 90 days thereafter). The deadline to add third-party defendants in any of the 27 cases is July 16, 2021. Completion of fact discovery in the SCWA case and the date for submissions regarding additional prioritized cases is June 3, 2022. See attached for further deadlines. Ordered by Magistrate Judge Roanne L. Mann on 3/19/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
March 9, 2021 Filing 170 Letter MOTION for Discovery (Joint letter to provide respective positions on (i) a deadline for seeking to add third parties in all 27 cases, and (ii) a proposed discovery schedule for the Suffolk County Water Authority case) by Vulcan Materials Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Dillard, Stephen)
March 3, 2021 Filing 169 Letter MOTION for Extension of Time to Complete Discovery RE: Joint request for parties to submit joint discovery request until March 9, 2021. by Vulcan Materials Company. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Dillard, Stephen)
March 3, 2021 Opinion or Order ORDER granting (169) Motion for Extension of Time: Application granted, on consent. The new deadline is March 9, 2021. Ordered by Magistrate Judge Roanne L. Mann on 3/3/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (GM)
February 17, 2021 Opinion or Order Filing 168 SCHEDULING ORDER re #161 Status Report filed by Suffolk County Water Authority; #162 Status Report filed by Shell Oil Company, Procter & Gamble, Procter & Gamble Company, Vulcan Materials Company, The Dow Chemical Company, Ferro Corporation. The first-filed Suffolk County Water Authority case will be given priority for the completion of all of its discovery, including expert discovery. Presumptively, but subject to further consideration, it will also be given priority in the scheduling of dispositive motions and/or trial. The parties are directed to meet and confer and, by March 3, 2021, to notify us of their agreed upon date for seeking to add third-parties. Also, after a meet and confer, by March 3, 2021, the parties are directed to submit an agreed upon schedule for the completion of all discovery, including expert discovery, in the Suffolk County Water Authority case. See attached. Ordered by Magistrate Judge Roanne L. Mann on 2/17/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
February 16, 2021 Filing 167 Letter by Suffolk County Water Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
February 16, 2021 Opinion or Order ORDER: The unauthorized post-hearing letter filed by Sher Edling LLP will not be considered. Ordered by Judge Nina Gershon and Judge Roanne Mann on 2/16/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (GM)
February 11, 2021 Filing 166 TRANSCRIPT of Proceedings held on February 9, 2021, before Judge Nina Gershon and Judge Roanne L. Mann. Court Transcriber: Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court 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 3/4/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/12/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Hong, Loan) (Main Document 166 replaced on 2/16/2021) (Rocco, Christine).
February 10, 2021 Filing 165 NOTICE of Appearance by Yelena W Dewald on behalf of Suffolk County Water Authority (notification declined or already on case) (Dewald, Yelena)
February 9, 2021 Filing 164 Minute Entry for proceedings held on February 9, 2021: Judge Gershon and Judge Mann jointly preside over a telephonic hearing. The parties provide oral argument regarding competing proposals for discovery and trial management. The parties' competing proposals are taken under advisement. Associated Cases: 2:17-cv-06980-NG-RLM et al. (GM)
February 5, 2021 Opinion or Order ORDER granting [163-3] Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 2/5/2021. (LK)
February 4, 2021 Filing 163 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14100280. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Dewald, Yelena)
February 1, 2021 Filing 162 STATUS REPORT for Defendants by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company, Procter & Gamble Company, Shell Oil Company, Procter & Gamble, Shell Oil Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
February 1, 2021 Filing 161 STATUS REPORT for Plaintiffs by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
January 22, 2021 Opinion or Order Filing 160 SCHEDULING ORDER: re #158 Status Report filed by Suffolk County Water Authority. The parties are directed to promptly confer in a good faith effort to reach agreement at least with respect to formulating measures to avoid duplicative discovery across multiple cases. By way of example only, the parties should discuss how depositions of the five defendants should be conducted; surely, there will be many issues that can be addressed in a single deposition of each defendant. After conferring with opposing counsel, each side is directed to submit, by February 1, 2021, a revised proposal, as well as a more detailed explanation as to how its proposal would operate and why its approach is superior to that advocated by opposing counsel. A telephonic hearing will be held on February 9, 2021, at 2:00 p.m. To dial-in to the conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. In the interim, the parties are expected to continue to conduct documentary discovery. See attached. Ordered by Magistrate Judge Roanne L. Mann on 1/22/2021. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
December 11, 2020 Opinion or Order Filing 159 ORDER denying defendants' Procter and Gamble and Shell Oil Company's Motion to Dismiss (see attached). These motions were filed in cases New York American Water Company, Inc. v. The Dow Chemical Company, et al, 19-CV-2150 as document number 76, and Hicksville Water District v. The Dow Chemical Company, et al, 19-CV-5632 as document number 50. Ordered by Judge Nina Gershon on 12/11/2020. (Joe, Victor)
December 8, 2020 Filing 158 STATUS REPORT Joint Status Report by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
December 4, 2020 Minute Entry for proceedings held before Judge Nina Gershon: Water District Cases, New York American Water Company, Inc. v. The Dow Chemical Company, et al, 19-CV-2150, and Hicksville Water District v. The Dow Chemical Company, et al, 19-CV-5632 called. Plaintiffs' counselors for the New York American Water Company, Inc. and Hicksville Water District, and both defendants, Proctor and Gamble Company and Shell Oil Company present. Oral Argument on defendants' Motion to Dismiss for Failure to State a Claim held. (Joe, Victor) (Court Reporter Lisa Schmid.) (Joe, Victor)
November 20, 2020 Set/Reset Hearings: A virtual WebEx hearing is set for Friday, December 4, 2020 at 11:00 AM before Judge Nina Gershon regarding defendants' motion to dismiss in both the Hicksville Water District v. The Dow Chemical Company, et. al., 19-cv-5632 and New York American Water Company, Inc. v. The Dow Chemical Company, et al., 19-cv-2150. A private email will only be sent to counselors involved in this motion. All interested parties, and the public may listen in on the hearing by dialing 1(888)684-8852. Enter access code 4324656# when prompt. (Joe, Victor) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Joe, Victor)
November 2, 2020 Filing 157 NOTICE of Change of Firm Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Lewis, Richard)
October 19, 2020 Opinion or Order Scheduling Order: According to their joint status report of October 15, 2020, the parties at this time have no issues to present to the Court for its guidance. Therefore, Thursday's telephonic status conference is adjourned sine die. The parties are directed to file a joint updated status report/letter-motion proposing a pretrial schedule by December 8, 2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (GM)
October 15, 2020 Filing 156 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
July 20, 2020 Filing 155 NOTICE of Appearance by Nicole E. Teixeira on behalf of Suffolk County Water Authority (notification declined or already on case) (Teixeira, Nicole)
July 17, 2020 Filing 154 Notice of MOTION to Appear Pro Hac Vice for Nicole E. Teixeira Filing fee $ 150, receipt number NYEDC-13080781. by Suffolk County Water Authority. (Attachments: #1 Affidavit) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Teixeira, Nicole)
July 17, 2020 Opinion or Order ORDER granting (154) Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee in case 2:17-cv-06980-NG-RLM. Ordered by Magistrate Judge Roanne L. Mann on 7/17/2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (LK)
July 16, 2020 Opinion or Order SCHEDULING ORDER: Application granted. The July 22nd status conference is adjourned to October 22, 2020 at 2:00 p.m. A joint updated status report is due by October 15, 2020. To the extent that the parties' report requests judicial action, it should be docketed as an ECF motion event. Ordered by Magistrate Judge Roanne L. Mann on 7/16/2020. (LK)
July 15, 2020 Filing 153 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
June 15, 2020 Opinion or Order Filing 152 ENDORSED ORDER GRANTING Consent MOTION for Extension of Time to File Answer Ordered by Magistrate Judge Roanne L. Mann on 6/15/2020. The deadline for Defendants to respond to the 24 complaints is July 21, 2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Marziliano, August)
June 12, 2020 Filing 151 Consent MOTION for Extension of Time to File Answer re (1 in 2:18-cv-07266-NG-RLM) Complaint,, (1 in 2:19-cv-05775-NG-RLM) Complaint, (1 in 2:19-cv-03570-NG-RLM) Complaint, (54 in 2:19-cv-01348-NG-RLM) Amended Complaint, (1 in 2:19-cv-01351-NG-RLM) Complaint, (1 in 2:18-cv-07278-NG-RLM) Complaint, (1 in 2:18-cv-07272-NG-RLM) Complaint, (1 in 2:18-cv-07271-NG-RLM) Complaint,, (1 in 2:18-cv-07282-NG-RLM) Complaint, (1 in 2:19-cv-02990-NG-RLM) Complaint, (1 in 2:19-cv-03059-NG-RLM) Complaint, (1 in 2:18-cv-07279-NG-RLM) Complaint, (1 in 2:19-cv-02986-NG-RLM) Complaint, (1 in 2:19-cv-02490-NG-RLM) Complaint, (1 in 2:19-cv-00085-NG-RLM) Complaint, (1 in 2:19-cv-02975-NG-RLM) Complaint, (1 in 2:19-cv-05825-NG-RLM) Complaint, (1 in 2:19-cv-02973-NG-RLM) Complaint, (1 in 2:18-cv-07281-NG-RLM) Complaint, (1 in 2:19-cv-03197-NG-RLM) Complaint, (1 in 2:18-cv-07277-NG-RLM) Complaint,, (1 in 2:19-cv-02974-NG-RLM) Complaint, (54 in 2:19-cv-01404-NG-RLM) Amended Complaint, (1 in 2:18-cv-07269-NG-RLM) Complaint, by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit Stipulation Extending Time to Respond to Complaint) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
June 4, 2020 Opinion or Order Filing 150 ORDER denying (129) Motion to Dismiss for Failure to State a Claim in case 2:17-cv-06980-NG-RLM. Defendants' joint motion to dismiss 24 of the complaints in these related cases is denied in its entirety. Ordered by Judge Nina Gershon on 6/4/2020. (See attached Opinion & Order for all associated cases) (Joe, Victor)
April 10, 2020 Filing 149 NOTICE by Procter & Gamble Company of Withdrawal of Appearance of Rachel Farnsworth (Sullivan, Diane)
April 6, 2020 Opinion or Order ELECTRONIC ORDER granting (148) Motion to Withdraw as Attorney. Attorney Kelvin Goode terminated in case 2:17-cv-06980-NG-RLM; granting (80) Motion to Withdraw as Attorney. Attorney Kelvin Goode terminated in case 2:19-cv-02150-NG-RLM; granting (54) Motion to Withdraw as Attorney. Attorney Kelvin Goode terminated in case 2:19-cv-05632-NG-RLM. Ordered by Magistrate Judge Roanne L. Mann on 4/6/2020. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM, 2:19-cv-05632-NG-RLM (Proujansky, Josh)
April 3, 2020 Filing 148 MOTION to Withdraw as Attorney by Procter & Gamble Company. (Goode, Kelvin)
April 3, 2020 Opinion or Order ELECTRONIC ORDER re #147 : Application granted. The April 15 proceeding is adjourned to July 22, 2020 at 10:00 a.m., with a joint status report due by July 15, 2020; to the extent the parties will be seeking any judicial action, they are reminded to docket their request as an ECF motion event. Ordered by Magistrate Judge Roanne L. Mann on 4/3/2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh) Modified on 4/9/2020 (Proujansky, Josh).
April 2, 2020 Filing 147 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
March 30, 2020 Incorrect Case/Document/Entry Information: the electronic order docketed earlier today was an error and was deleted from the lead case, 17-cv-6980. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
March 30, 2020 Opinion or Order ELECTRONIC ORDER: Counsel are directed to confer and, by April 6, 2020, to file a joint letter-motion requesting either an adjournment of the April 15 status conference or a conversion of the conference into a telephonic proceeding. Ordered by Magistrate Judge Roanne L. Mann on 3/30/2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
March 25, 2020 Opinion or Order ORDER denying (143) Motion to Stay. Procter & Gamble and Shell Oil Company have filed a letter motion requesting a stay of discovery pending resolution of their motion to dismiss in two cases, Hicksville Water District v. The Dow Chemical Company, et. al., 19-cv-5632 and New York American Water Company, Inc. v. The Dow Chemical Company, et al., 19-cv-2150. These defendants have also requested a stay of discovery in the first-filed case, Suffolk County Water Authority v. The Dow Chemical Company, et. al., 17-cv-6980, although no motion to dismiss is currently pending in that matter. Under Federal Rule of Civil Procedure 26(c), a district court may stay discovery pending resolution of a motion to dismiss for "good cause shown." Having carefully reviewed the materials submitted by the parties in relation to this motion, as well as the entire record in each of these cases, it is apparent that defendants have not demonstrated good cause, and a stay of discovery is not warranted. The motion to stay discovery is denied. Ordered by Judge Nina Gershon on 3/25/2020. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM, 2:19-cv-05632-NG-RLM (Klemme, Joseph)
March 5, 2020 Filing 146 First MOTION to Withdraw (62 in 2:18-cv-07266-NG-RLM, 62 in 2:18-cv-07266-NG-RLM, 25 in 2:19-cv-05825-NG-RLM, 25 in 2:19-cv-05825-NG-RLM, 47 in 2:19-cv-02490-NG-RLM, 47 in 2:19-cv-02490-NG-RLM, 46 in 2:19-cv-02973-NG-RLM, 46 in 2:19-cv-02973-NG-RLM, 62 in 2:19-cv-01404-NG-RLM, 62 in 2:19-cv-01404-NG-RLM, 59 in 2:18-cv-07271-NG-RLM, 59 in 2:18-cv-07271-NG-RLM, 46 in 2:19-cv-02990-NG-RLM, 46 in 2:19-cv-02990-NG-RLM, 25 in 2:19-cv-05775-NG-RLM, 25 in 2:19-cv-05775-NG-RLM, 46 in 2:19-cv-02975-NG-RLM, 46 in 2:19-cv-02975-NG-RLM, 60 in 2:18-cv-07277-NG-RLM, 60 in 2:18-cv-07277-NG-RLM, 57 in 2:18-cv-07278-NG-RLM, 57 in 2:18-cv-07278-NG-RLM, 51 in 2:19-cv-05632-NG-RLM, 51 in 2:19-cv-05632-NG-RLM, 46 in 2:19-cv-03059-NG-RLM, 46 in 2:19-cv-03059-NG-RLM, 46 in 2:19-cv-03197-NG-RLM, 46 in 2:19-cv-03197-NG-RLM, 39 in 2:19-cv-03570-NG-RLM, 39 in 2:19-cv-03570-NG-RLM, 145 in 2:17-cv-06980-NG-RLM, 145 in 2:17-cv-06980-NG-RLM, 77 in 2:19-cv-02150-NG-RLM, 77 in 2:19-cv-02150-NG-RLM, 62 in 2:19-cv-01348-NG-RLM, 62 in 2:19-cv-01348-NG-RLM, 44 in 2:19-cv-02986-NG-RLM, 44 in 2:19-cv-02986-NG-RLM, 57 in 2:18-cv-07282-NG-RLM, 57 in 2:18-cv-07282-NG-RLM, 46 in 2:19-cv-02974-NG-RLM, 46 in 2:19-cv-02974-NG-RLM, 57 in 2:19-cv-00085-NG-RLM, 57 in 2:19-cv-00085-NG-RLM, 59 in 2:18-cv-07279-NG-RLM, 59 in 2:18-cv-07279-NG-RLM, 52 in 2:19-cv-01351-NG-RLM, 52 in 2:19-cv-01351-NG-RLM, 60 in 2:18-cv-07269-NG-RLM, 60 in 2:18-cv-07269-NG-RLM, 58 in 2:18-cv-07272-NG-RLM, 58 in 2:18-cv-07272-NG-RLM, 58 in 2:18-cv-07281-NG-RLM, 58 in 2:18-cv-07281-NG-RLM) First MOTION for Protective Order and/orFirst MOTION to Quash Subpoenas without prejudice by Nassau County. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Kretzing, Laurel)
March 5, 2020 Opinion or Order ELECTRONIC ORDER: Application granted. The motion filed on March 4th by non-party County of Nassau is withdrawn, without prejudice. Ordered by Magistrate Judge Roanne L. Mann on 3/5/2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Vallens, Adrian)
March 4, 2020 Filing 145 First MOTION for Protective Order and/or, First MOTION to Quash Subpoenas by Nassau County. (Attachments: #1 Subpoena directed to Nassau County Department of Public Works, #2 Subpoena directed to Nassau County Department of Health) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Kretzing, Laurel)
February 25, 2020 Filing 144 RESPONSE to Motion re #143 MOTION to Stay Discovery until Resolution of Pending Motions to Dismiss filed by Suffolk County Water Authority. (Martin, Scott)
February 21, 2020 Filing 143 MOTION to Stay Discovery until Resolution of Pending Motions to Dismiss by Procter & Gamble Company, Shell Oil Company. (Attachments: #1 Exhibit A - Document Request, #2 Exhibit B - Document Request) (Lender, David)
February 11, 2020 Filing 142 Corporate Disclosure Statement by Shell Oil Company (Brillault, Megan)
January 21, 2020 Filing 141 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
December 26, 2019 Opinion or Order ORDER: The parties' request to apply the pending motion to dismiss the complaints to the New Complaints is granted. Ordered by Judge Nina Gershon on 12/26/2019. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM, 2:19-cv-01404-NG-RLM, 2:19-cv-05775-NG-RLM, 2:19-cv-05825-NG-RLM (Klemme, Joseph)
December 20, 2019 Filing 140 Joint MOTION for pre motion conference / an order reflecting that the new complaints in Bethpage Water District (19-cv-1348), South Farmingdale Water District (19-cv-1404), South Huntington Water District (19-cv-5825), and Town of Hempstead (19-cv-5775) are subject to the pending motion to dismiss pursuant to FRCP 12(b)(6) in Locust Valley Water District (No. 19-cv-2490) and these related cases: Albertson Water District (18-cv-7282), Carle Place Water District (18-cv-7279), Franklin Square Water District (19-cv-2975), Garden City Park Water District (18-cv-7277), Water Authority of Great Neck North (18-cv-7271), Greenlawn Water District (19-cv-3059), Town of Huntington & Dix Hills Water District (19-cv-2986), Jericho Water District (18-cv-7281), Board of Commissioners of Manhasset-Lakeville Water District (19-cv-85), Oyster Bay Water District (18-cv-7272), Plainview Water District (19-cv-1351), Port Washington Water District (18-cv-7266), Roslyn Water District (18-cv-7269), Incorporated Village of Garden City (19-cv-3197), Incorporated Village of Hempstead (19-cv-3570), Incorporated Village of Mineola (19-cv-2973), West Hempstead Water District (18-cv-7278), Westbury Water & Fire District (19-cv-2990), and Water Authority of Western Nassau (19-cv-2974) by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-01348-NG-RLM, 2:19-cv-01404-NG-RLM, 2:19-cv-05775-NG-RLM, 2:19-cv-05825-NG-RLM (Blanchet, Joel)
December 12, 2019 Filing 139 TRANSCRIPT of Proceedings held on December 10, 2019, before Judge Mann. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court 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 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/11/2020. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Rocco, Christine)
December 10, 2019 Filing 138 Minute Entry for proceedings held before Chief Magistrate Judge Roanne L. Mann held on 12/10/2019. Except for the most recently filed cases, the parties have completed their exchange of Fact Sheets. The first wave of discovery demands will be served by January 21, 2020. A joint status report must be filed by that date. Next status conference is scheduled for 4/15/2020 at 10:00 AM. See attached. (Attachments: #1 Appendix) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
December 5, 2019 Filing 137 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
October 21, 2019 Filing 136 Notice of Related Case as indicated on the Civil Cover Sheet; 19-cv-05825 (MKB)(CLP). (Vanderbilt, Evelyn)
October 16, 2019 Filing 135 Notice of Related Case as indicated on the Civil Cover Sheet 19-cv-05775 (JS)(AYS) (Vanderbilt, Evelyn)
October 11, 2019 Filing 134 NOTICE by The Dow Chemical Company of Withdrawal of Carolyn J. Weltman Associated Cases: 2:17-cv-06980-NG-RLM et al. (Weltman, Carolyn)
October 11, 2019 Filing 133 NOTICE of Appearance by Kelvin Goode on behalf of Procter & Gamble Company (aty to be noticed) (Goode, Kelvin)
October 7, 2019 Filing 132 Notice of Related Case indicated on the civil cover sheet in case number 19cv5632. (Rodin, Deanna)
September 9, 2019 Filing 131 REPLY in Support re (38 in 2:19-cv-02975-NG-RLM, 49 in 2:19-cv-00085-NG-RLM, 51 in 2:18-cv-07271-NG-RLM, 31 in 2:19-cv-03570-NG-RLM, 130 in 2:17-cv-06980-NG-RLM, 38 in 2:19-cv-02974-NG-RLM, 49 in 2:18-cv-07278-NG-RLM, 52 in 2:18-cv-07269-NG-RLM, 52 in 2:18-cv-07277-NG-RLM, 54 in 2:18-cv-07266-NG-RLM, 36 in 2:19-cv-02986-NG-RLM, 38 in 2:19-cv-02973-NG-RLM, 44 in 2:19-cv-01351-NG-RLM, 39 in 2:19-cv-02490-NG-RLM, 50 in 2:18-cv-07281-NG-RLM, 38 in 2:19-cv-02990-NG-RLM, 38 in 2:19-cv-03059-NG-RLM, 50 in 2:18-cv-07272-NG-RLM, 38 in 2:19-cv-03197-NG-RLM, 51 in 2:18-cv-07279-NG-RLM, 49 in 2:18-cv-07282-NG-RLM) Response in Opposition to Motion,,,,,,,,,, (50 in 2:18-cv-07279-NG-RLM, 35 in 2:19-cv-02986-NG-RLM, 53 in 2:18-cv-07266-NG-RLM, 37 in 2:19-cv-03197-NG-RLM, 30 in 2:19-cv-03570-NG-RLM, 48 in 2:18-cv-07282-NG-RLM, 37 in 2:19-cv-02990-NG-RLM, 49 in 2:18-cv-07281-NG-RLM, 50 in 2:18-cv-07271-NG-RLM, 43 in 2:19-cv-01351-NG-RLM, 49 in 2:18-cv-07272-NG-RLM, 51 in 2:18-cv-07269-NG-RLM, 37 in 2:19-cv-02973-NG-RLM, 37 in 2:19-cv-03059-NG-RLM, 38 in 2:19-cv-02490-NG-RLM, 37 in 2:19-cv-02975-NG-RLM, 129 in 2:17-cv-06980-NG-RLM, 48 in 2:18-cv-07278-NG-RLM, 51 in 2:18-cv-07277-NG-RLM, 48 in 2:19-cv-00085-NG-RLM, 37 in 2:19-cv-02974-NG-RLM) Joint MOTION to Dismiss for Failure to State a Claim seeking dismissal of the complaints in Locust Valley Water District (No. 19-cv-2490) and these related cases: Albertson Water District (18-cv-7282), Carle Place Water District (18-cv-7279), Frankl in Square Water District (19-cv-2975), Garden City Park Water District (18-cv-7277), Water Authority of Great Neck North (18-cv-7271), Greenlawn Water District (19-cv-3059), Town of Huntington & Dix Hills Water District (19-cv-2986), Jericho Water District (18-cv-7281), Board of Commissioners of Manhasset-Lakeville Water District (19-cv-85), Oyster Bay Water District (18-cv-7272), Plainview Water District (19-cv-1351), Port Washington Water District (18-cv-7266), Roslyn Water District (18-cv-7269), Incorporated Village of Garden City (19-cv-3197), Incorporated Village of Hempstead (19-cv-3570), Incorporated Village of Mineola (19-cv-2973), West Hempstead Water District (18-cv-7278), Westbury Water & Fire District (19-cv-2990), and Water Authority of Western Nassau (19-cv-2974) filed by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Certificate of Service, #2 Transmittal Letter Enclosing Courtesy Copies of All Motion Papers and Requesting Oral Argument) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
September 9, 2019 Filing 130 RESPONSE in Opposition re (50 in 2:18-cv-07279-NG-RLM, 35 in 2:19-cv-02986-NG-RLM, 53 in 2:18-cv-07266-NG-RLM, 37 in 2:19-cv-03197-NG-RLM, 30 in 2:19-cv-03570-NG-RLM, 48 in 2:18-cv-07282-NG-RLM, 37 in 2:19-cv-02990-NG-RLM, 49 in 2:18-cv-07281-NG-RLM, 50 in 2:18-cv-07271-NG-RLM, 43 in 2:19-cv-01351-NG-RLM, 49 in 2:18-cv-07272-NG-RLM, 51 in 2:18-cv-07269-NG-RLM, 37 in 2:19-cv-02973-NG-RLM, 37 in 2:19-cv-03059-NG-RLM, 38 in 2:19-cv-02490-NG-RLM, 37 in 2:19-cv-02975-NG-RLM, 129 in 2:17-cv-06980-NG-RLM, 48 in 2:18-cv-07278-NG-RLM, 51 in 2:18-cv-07277-NG-RLM, 48 in 2:19-cv-00085-NG-RLM, 37 in 2:19-cv-02974-NG-RLM) Joint MOTION to Dismiss for Failure to State a Claim seeking dismissal of the complaints in Locust Valley Water District (No. 19-cv-2490) and these related cases: Albertson Water District (18-cv-7282), Carle Place Water District (18-cv-7279), Frankl in Square Water District (19-cv-2975), Garden City Park Water District (18-cv-7277), Water Authority of Great Neck North (18-cv-7271), Greenlawn Water District (19-cv-3059), Town of Huntington & Dix Hills Water District (19-cv-2986), Jericho Water District (18-cv-7281), Board of Commissioners of Manhasset-Lakeville Water District (19-cv-85), Oyster Bay Water District (18-cv-7272), Plainview Water District (19-cv-1351), Port Washington Water District (18-cv-7266), Roslyn Water District (18-cv-7269), Incorporated Village of Garden City (19-cv-3197), Incorporated Village of Hempstead (19-cv-3570), Incorporated Village of Mineola (19-cv-2973), West Hempstead Water District (18-cv-7278), Westbury Water & Fire District (19-cv-2990), and Water Authority of Western Nassau (19-cv-2974) filed by Garden City Park Water District, Incorporated Village of Hempstead, West Hempstead Water District, Incorporated Village of Garden City, Franklin Square Water District, Incorporated Village of Mineola, Board of Commissioners of the Manhasset-Lakeville Water District, Dix Hills Water District, Town Of Huntington, Albertson Water District, Carle Place Water District, Plainview Water District, Westbury Water & Fire District, Jericho Water District, Locust Valley Water District, Roslyn Water District, Greenlawn Water District, Water Authority of Western Nassau County, Port Washington Water District, Water Authority of Great Neck North, Oyster Bay Water District. (Attachments: #1 Exhibit Ex. A - 2018-12-13 SCWA MTD transcript excerpts, #2 Exhibit Ex. B - 2018-12-13 #72 SCWA Minute Entry, #3 Exhibit Ex. C - 2019-06-19 Pre Mot Conf Tr. Excerpt) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
September 9, 2019 Filing 129 Joint MOTION to Dismiss for Failure to State a Claim seeking dismissal of the complaints in Locust Valley Water District (No. 19-cv-2490) and these related cases: Albertson Water District (18-cv-7282), Carle Place Water District (18-cv-7279), Franklin Square Water District (19-cv-2975), Garden City Park Water District (18-cv-7277), Water Authority of Great Neck North (18-cv-7271), Greenlawn Water District (19-cv-3059), Town of Huntington & Dix Hills Water District (19-cv-2986), Jericho Water District (18-cv-7281), Board of Commissioners of Manhasset-Lakeville Water District (19-cv-85), Oyster Bay Water District (18-cv-7272), Plainview Water District (19-cv-1351), Port Washington Water District (18-cv-7266), Roslyn Water District (18-cv-7269), Incorporated Village of Garden City (19-cv-3197), Incorporated Village of Hempstead (19-cv-3570), Incorporated Village of Mineola (19-cv-2973), West Hempstead Water District (18-cv-7278), Westbury Water & Fire District (19-cv-2990), and Water Authority of Western Nassau (19-cv-2974) by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - 2019.06.19 - Hrg Trans. Excerpts, #3 Exhibit Ex. B - 2018.12.13 - Hrg Trans. Excerpts, #4 Certificate of Service) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
August 23, 2019 Filing 128 Letter on Behalf of Plaintiffs to Defendants' Counsel Serving Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss by Garden City Park Water District, Incorporated Village of Hempstead, West Hempstead Water District, Incorporated Village of Garden City, Franklin Square Water District, Incorporated Village of Mineola, Board of Commissioners of the Manhasset-Lakeville Water District, Dix Hills Water District, Town Of Huntington, Albertson Water District, Carle Place Water District, Plainview Water District, Westbury Water & Fire District, Jericho Water District, Locust Valley Water District, Roslyn Water District, Greenlawn Water District, Water Authority of Western Nassau County, Port Washington Water District, Water Authority of Great Neck North, Oyster Bay Water District Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
August 13, 2019 Opinion or Order SCHEDULING ORDER #127 The Court has reviewed the parties' August 12th Status Report (DE #127 in 17cv6980). Among other things, the parties request that the Court schedule a discovery conference on December 10, 2019, and, thereafter, on the second Tuesday of each month. The parties' request is granted in part and denied in part: The Court will conduct an in-person status conference on December 10, 2019, at 2:30 p.m., but declines to schedule status conferences on a monthly basis; instead, conferences will be scheduled on an as-needed basis, and, to conserve the parties' resources, may be conducted telephonically. By December 5, 2019, the parties are directed to file a joint letter describing any discovery issues that the parties intend to address at the December 10th proceeding. Counsel are reminded that any request for judicial action must be docketed into ECF as a motion event, even if in the form of a letter and/or status report. (Kelson, Lise)
August 12, 2019 Filing 127 STATUS REPORT (Joint) by Suffolk County Water Authority (Attachments: #1 Exhibit A, #2 Exhibit B) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
July 31, 2019 ELECTRONIC ORDER: A joint updated status report is due by August 12, 2019. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/31/2019. (Cardenas, Alex)
July 30, 2019 ELECTRONIC ORDER: This Court so-orders the Parties' Stipulated ESI Protocol (Exhibit A to DE #125 in 17cv6980) and the Parties' Stipulated Protective Order (Exhibit B to DE #125 in 17cv6980). Ordered by Chief Magistrate Judge Roanne L. Mann on 7/30/2019. (Cardenas, Alex)
July 29, 2019 Filing 126 STATUS REPORT (Joint) by Suffolk County Water Authority Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
July 29, 2019 Filing 125 Letter MOTION for Protective Order and Stipulated ESI Protocol by Suffolk County Water Authority. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
July 29, 2019 Filing 124 NOTICE of Appearance by Carolyn Jordan Weltman on behalf of The Dow Chemical Company (notification declined or already on case) (Weltman, Carolyn)
July 25, 2019 Opinion or Order ORDER granting #122 Motion for Leave to Appear Pro Hac Vice 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $n150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/25/2019. (Kelson, Lise)
July 24, 2019 Filing 123 Letter on behalf of all defendants to plaintiffs' counsel serving defendants' motion to dismiss by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company Associated Cases: 2:17-cv-06980-NG-RLM et al. (Blanchet, Joel)
July 24, 2019 Filing 122 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11695377. by The Dow Chemical Company. (Weltman, Carolyn)
July 19, 2019 Filing 121 NOTICE of Appearance by Jonathan Nicholas Adair on behalf of The Dow Chemical Company (notification declined or already on case) (Adair, Jonathan)
July 18, 2019 Opinion or Order Filing 120 STIPULATION EXTENDING TIME TO ANSWER THE COMPLAINT. Ordered by Judge Nina Gershon on 7/18/2019. Associated Cases: 2:17-cv-06980-NG-RLM, 2:19-cv-02150-NG-RLM (Barrett, C)
July 18, 2019 Filing 119 NOTICE of Appearance by Stephanie D. Biehl on behalf of All Plaintiffs (notification declined or already on case) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Biehl, Stephanie)
July 16, 2019 Filing 118 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11667424. by The Dow Chemical Company. (Adair, Jonathan)
July 16, 2019 Opinion or Order ORDER granting Motion for Leave to Appear Pro Hac Vice (118) in case 2:17-cv-06980-NG-RLM; granting (44) 2:18-cv-07266-NG-RLM; granting (42) in case 2:18-cv-07269-NG-RLM; granting (41) in case 2:18-cv-07271-NG-RLM; in case 2:18-cv-07272-NG-RLM; granting (42) in case 2:18-cv-07277-NG-RLM; granting (39) in case 2:18-cv-07278-NG-RLM; granting (41) in case 2:18-cv-07279-NG-RLM; granting (40) in case 2:18-cv-07281-NG-RLM; granting (39) in case 2:18-cv-07282-NG-RLM; granting (37) in case 2:19-cv-00085-NG-RLM; granting (44) in case 2:19-cv-01348-NG-RLM; granting (34) in case 2:19-cv-01351-NG-RLM; granting (44) in case 2:19-cv-01404-NG-RLM; granting (42) in case 2:19-cv-02150-NG-RLM; granting (29) in case 2:19-cv-02490-NG-RLM; granting (26) in case 2:19-cv-02973-NG-RLM; granting (26) in case 2:19-cv-02975-NG-RLM; granting (24) in case 2:19-cv-02986-NG-RLM; granting (26) in case 2:19-cv-02990-NG-RLM; granting (26) in case 2:19-cv-03059-NG-RLM; granting (26) in case 2:19-cv-03197-NG-RLM; granting (17) in case 2:19-cv-03570-NG-RLM 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/16/2019. (Kelson, Lise)
July 15, 2019 Filing 117 STATUS REPORT (Joint) by Garden City Park Water District, Incorporated Village of Hempstead, West Hempstead Water District, Suffolk County Water Authority, South Farmingdale Water District, Incorporated Village of Garden City, Franklin Square Water District, Incorporated Village of Mineola, Board of Commissioners of the Manhasset-Lakeville Water District, Dix Hills Water District, Town Of Huntington, Albertson Water District, Carle Place Water District, Plainview Water District, Westbury Water & Fire District, Jericho Water District, Locust Valley Water District, Roslyn Water District, New York American Water Company, Inc., Greenlawn Water District, Water Authority of Western Nassau County, Port Washington Water District, Bethpage Water District, Water Authority of Great Neck North, Oyster Bay Water District Associated Cases: 2:17-cv-06980-NG-RLM et al. (Edling, Matthew)
July 9, 2019 Opinion or Order Filing 116 ** Duplicated for Spreading purposes. This entry is the same as docket entry #115 . Stipulation and Order Setting Briefing Schedule: Defendants shall file a consolidated motion to dismiss the complaints in the above-captioned cases by July 24, 2019. Plaintiffs shall file their response to Defendants' consolidated motion to dismiss by August 23, 2019. Defendants shall file their reply in further support of their consolidated motion to dismiss by September 9, 2019. So Ordered by Judge Nina Gershon on 7/3/2019. Associated Cases: 2:17-cv-06980-NG-RLM et al. (Joe, Victor) Modified on 7/11/2019 (Joe, Victor).
July 9, 2019 Opinion or Order Filing 115 Stipulation and Order Setting Briefing Schedule: Defendants shall file a consolidated motion to dismiss the complaints in the above-captioned cases by July 24, 2019. Plaintiffs shall file their response to Defendants' consolidated motion to dismiss by August 23, 2019. Defendants shall file their reply in further support of their consolidated motion to dismiss by September 9, 2019. So Ordered by Judge Nina Gershon on 7/3/2019. (Lee, Tiffeny)
July 1, 2019 Filing 114 TRANSCRIPT of Proceedings held on June 19, 2019, before Judge Mann. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court 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 7/22/2019. Redacted Transcript Deadline set for 8/1/2019. Release of Transcript Restriction set for 9/30/2019. (Rocco, Christine)
June 27, 2019 Filing 113 Letter dated 6/27/19 directed to Honorable Nina Gershon by Vulcan Materials Company (Attachments: #1 Exhibit Stipulation and proposed order setting briefing schedule) (Galant, Felice)
June 25, 2019 ELECTRONIC ORDER granting (112) Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Ordered by Chief Magistrate Judge Roanne L. Mann on 6/25/2019. (Proujansky, Josh)
June 21, 2019 Filing 112 MOTION to Appear Pro Hac Vice For Stephanie D. Biehl Filing fee $ 150, receipt number ANYEDC-11599896. by Suffolk County Water Authority. (Attachments: #1 Affidavit) (Biehl, Stephanie)
June 20, 2019 Filing 111 Minute Entry for Initial Conference Hearing held before Chief Mag. Judge Roanne L. Mann on 6/19/2019. As Judge Gershon has denied the defense motion for bifurcation, counsel for all parties in these related cases will confer and attempt to come to agreement on fact sheet forms and a timeline for discovery. A joint status report is due by July 15, 2019. See attached for list of related cases and appearances. (Attachments: #1 Appendix Appearances) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Proujansky, Josh)
June 19, 2019 Minute Entry for proceedings held before Judge Nina Gershon: The court denied defendants' request to bifurcate discovery in the first-filed case, Suffolk County Water Authority v. The Dow Chemical Company, et al., 17-cv-06980. The court held a pre-motion conference on the proposed motion to dismiss by defendants Ferro Corporation, The Dow Chemical Company, and Vulcan Materials Company. The parties shall submit a briefing schedule for the court's approval. The parties were referred to Chief Magistrate Judge Mann for supervision of discovery. (Court Reporter Linda Marino.) Associated Cases: 2:17-cv-06980-NG-RLM et al. (Joe, Victor)
June 19, 2019 Opinion or Order ORDER denying #85 Motion for Discovery. At the status conference held on 6/19/2019, the court denied defendants request to bifurcate discovery in the first-filed case, Suffolk County Water Authority v. The Dow Chemical Company, et al., 17-cv-06980. (Joe, Victor)
June 18, 2019 Filing 110 Notice of Related Case indicated on the civil cover sheet in case number 19cv3570. (Rodin, Deanna)
June 5, 2019 Opinion or Order ORDER terminating Motion for Discovery. Document #109 was filed in error. The attachment is merely an update for the court and not a letter motion for discovery. Ordered by Judge Nina Gershon on 6/5/2019. (Joe, Victor)
May 30, 2019 Filing 109 Letter MOTION for Discovery pursuant to the Court's 4/11/2019 Text Order by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Blanchet, Joel)
May 30, 2019 Filing 108 Letter Regarding Case Status Updates for the June 19, 2019 Status Conference by Suffolk County Water Authority (Edling, Matthew)
May 30, 2019 Filing 107 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 2:19-cv-03197. (Flanagan, Doreen)
May 23, 2019 Filing 106 Notice of Related Case indicated on the civil cover sheet in case number 19cv3059. (Rodin, Deanna)
May 22, 2019 Filing 105 Notice of Related Case indicated on the civil cover sheet in case number 19cv2990. (Rodin, Deanna)
May 21, 2019 Filing 104 Notice of Related Case indicated on the civil cover sheet in case number 19cv2986. (Rodin, Deanna)
May 21, 2019 Filing 103 Notice of Related Case indicated on the civil cover sheet in case number 19cv2975. (Rodin, Deanna)
May 21, 2019 Filing 102 Notice of Related Case indicated on the civil cover sheet in case number 19cv2974. (Rodin, Deanna)
May 21, 2019 Filing 101 Notice of Related Case indicated on the civil cover sheet in case number 19cv2973. (Rodin, Deanna)
April 30, 2019 Filing 100 Notice of Related Case indicated on the civil cover sheet in case number 19cv2490. (Rodin, Deanna)
April 15, 2019 Filing 99 Corporate Disclosure Statement by The Dow Chemical Company (Blanchet, Joel)
April 12, 2019 Filing 98 Notice of Related Case indicated on the civil cover sheet in case number 19cv2150. (Rodin, Deanna)
April 11, 2019 Opinion or Order ORDER: As is clear from the transfer of all of these cases to the undersigned and Chief Magistrate Judge Mann, the court has accepted them as related. A status conference will be held on June 19, 2019 at 10:30 AM before the undersigned. The parties should be prepared to discuss, among other things, defendants' motion for bifurcated discovery in the first-filed action, Suffolk County Water Authority v. The Dow Chemical Company, et al., 17-cv-06980. Any additional written submissions on this subject should be made by May 30, 2019. Ordered by Judge Nina Gershon on 4/11/2019. (Klemme, Joseph)
March 19, 2019 Filing 97 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. (Florio, Lisa)
March 19, 2019 Case reassigned to Judge Nina Gershon and Chief Mag. Judge Roanne L. Mann. Judge Joseph F. Bianco, Magistrate Judge Anne Y. Shields no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) Modified on 3/28/2019 (Joe, Victor).
March 14, 2019 Filing 96 Letter Regarding Proceedings in EDNY Case Nos. 1:18-cv-07282-SJF-GRB, 2:19-cv-00085-SJF-ARL, 2:18-cv-07279-DRH-ARL, 2:18-cv- 07277-DRH-AKT, 2:18-cv-07281-DRH-ARL, 2:18-cv-07272-DRH-GRB, No. 2:18-cv-07266-JS-AKT, 2:18-cv-07269-NG-RLM, 2:18-cv-7271-SJF-AYS, 2:18-cv-07278-SJF-AYS by Ferro Corporation, The Dow Chemical Company, Vulcan Materials Company (Blanchet, Joel)
March 12, 2019 Filing 95 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 19-cv-01404. (Flanagan, Doreen)
March 8, 2019 Filing 94 Notice of Related Case indicated on the civil cover sheet in case number 19cv1351. (Rodin, Deanna)
March 8, 2019 Filing 93 Notice of Related Case indicated on the civil cover sheet in case number 19cv1348. (Rodin, Deanna)
February 15, 2019 Filing 92 Letter in Response to Defendants' Request for Bifurcated Discovery by Suffolk County Water Authority (Attachments: #1 Exhibit A.) (Martin, Scott)
January 31, 2019 Filing 91 Letter regarding Related Case Determination by Suffolk County Water Authority (Edling, Matthew)
January 25, 2019 Filing 90 ANSWER to #1 Complaint, by The Dow Chemical Company. (Blanchet, Joel)
January 25, 2019 Filing 89 ANSWER to #1 Complaint, by Ferro Corporation. (Patryk, Robb)
January 25, 2019 Filing 88 ANSWER to #1 Complaint, by Procter & Gamble Company. (Sullivan, Diane)
January 25, 2019 Filing 87 ANSWER to #1 Complaint, by Shell Oil Company. (Brillault, Megan)
January 25, 2019 Filing 86 Original ANSWER to #1 Complaint, by Defendant Legacy Vulcan, LLC, formerly known as Vulcan Materials Company by Vulcan Materials Company. (Galant, Felice)
January 15, 2019 Filing 85 Letter MOTION for Discovery pursuant to 12/13/2018 conference with the Court by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blanchet, Joel)
January 7, 2019 Filing 84 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 19-cv-00085. (Flanagan, Doreen)
December 21, 2018 Filing 83 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07282. (Flanagan, Doreen)
December 21, 2018 Filing 82 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07281. (Flanagan, Doreen)
December 21, 2018 Filing 81 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07279. (Flanagan, Doreen)
December 21, 2018 Filing 80 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07278. (Flanagan, Doreen)
December 21, 2018 Filing 79 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07277. (Flanagan, Doreen)
December 21, 2018 Filing 78 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07272. (Flanagan, Doreen)
December 21, 2018 Filing 77 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07271. (Flanagan, Doreen)
December 21, 2018 Filing 76 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07269. (Flanagan, Doreen)
December 21, 2018 Filing 75 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 18-cv-07266. (Flanagan, Doreen)
December 19, 2018 Opinion or Order ORDER granting #74 Motion for Extension of Time to Answer: Ferro Corporation answer due 1/25/2019; Procter & Gamble Company answer due 1/25/2019; Shell Oil Company answer due 1/25/2019; The Dow Chemical Company answer due 1/25/2019; Vulcan Materials Company answer due 1/25/2019. So Ordered by Magistrate Judge Anne Y. Shields on 12/19/2018. (Minerva, Deanna)
December 18, 2018 Filing 74 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Ferro Corporation. (Attachments: #1 Exhibit A - Stipulation and Order for Further Extension of Time) (Patryk, Robb)
December 14, 2018 Filing 73 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 13, 2018, before Judge Joseph F. Bianco. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.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 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019. (Kanellopoulos, John)
December 13, 2018 Filing 72 MINUTE ENTRY for proceedings held before Judge Joseph F. Bianco: Civil Cause for Telephone Conference and Oral Ruling held on 12/13/2018. DECISION: For the reasons stated on the record, defendants motion to dismiss is granted as to the private nuisance claim, but denied as to all others. Joint letter to be submitted to the Court by 1/15/19; letter response by 2/15/19(FTR Log #12:32-12:49.) (Coleman, Laurie) Modified on 12/17/2018 (Bollbach, Jean). (Main Document 72 replaced on 12/17/2018) (Bollbach, Jean).
November 20, 2018 Opinion or Order SCHEDULING ORDER: Due to a conflict in the Court's calendar, IT IS HEREBY ORDERED that the telephone conference set for November 26, 2018 is rescheduled for Thursday, December 13, 2018 at 12:00 p.m., at which time the Court will orally rule on the pending motion and the discovery-related letters submitted on October 23 and 24, 2018. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/20/2018. (Clarke, Molly)
October 25, 2018 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on November 26, 2018 at 1:15 p.m., at which time the Court will orally rule on the pending motion and the discovery-related letters submitted on October 23 and 24, 2018. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/25/2018. (Baum, Sabrina)
October 24, 2018 Filing 71 RESPONSE to Motion re #70 Joint MOTION for pre motion conference filed by Suffolk County Water Authority. (Edling, Matthew)
October 23, 2018 Filing 70 Joint MOTION for pre motion conference by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Blanchet, Joel)
September 11, 2018 Filing 69 NOTICE by The Dow Chemical Company of Withdrawal of Appearance and Request to Stop Electronic Case Notifications of Attorney Sopan Joshi (Joshi, Sopan)
July 3, 2018 Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 27, 2018, before Judge Joseph F. Bianco. Transcriber Transcription Plus II, Inc., Telephone number 917-945-1549. Email address: laferrara44@gmail.com. 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 7/24/2018. Redacted Transcript Deadline set for 8/3/2018. Release of Transcript Restriction set for 10/1/2018. (Kanellopoulos, John)
June 27, 2018 Filing 67 Minute Entry for proceedings held before Judge Joseph F. Bianco:oral argument held on 6/27/2018 decision reserved(FTR Log #11:35-12:15.) (Bollbach, Jean)
May 22, 2018 Opinion or Order ORDER granting #66 Motion to Continue. The Court has received plaintiff's letter requesting an extension of the oral argument scheduled for June 6, 2018, at 4:00 p.m. IT IS HEREBY ORDERED that, on consent, plaintiff's request is granted, and the hearing is rescheduled to June 27, 2018 at 11:00 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/22/2018. (Baum, Sabrina)
May 21, 2018 Filing 66 Letter MOTION to Continue Hearing on Defendants' Motion to Dismiss by Suffolk County Water Authority. (Edling, Matthew)
May 17, 2018 Filing 65 NOTICE of Appearance by Loretta M. Gastwirth on behalf of Suffolk County Water Authority (aty to be noticed) (Gastwirth, Loretta)
May 11, 2018 Filing 64 REPLY in Support re #61 Joint Motion to Dismiss for Failure to State a Claim pursuant to FRCP 12(b)(6) filed by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Certificate of Service) (Blanchet, Joel)
May 4, 2018 Filing 63 NOTICE of Appearance by Andrew Patrick Devine on behalf of The Dow Chemical Company (aty to be noticed) (Devine, Andrew)
April 23, 2018 Filing 62 RESPONSE in Opposition re #61 Joint Motion to Dismiss for Failure to State a Claim pursuant to FRCP 12(b)(6) filed by Suffolk County Water Authority. (Sher, Victor)
March 23, 2018 Filing 61 Joint Motion to Dismiss for Failure to State a Claim pursuant to FRCP 12(b)(6) by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Service) (Blanchet, Joel)
March 23, 2018 Filing 60 NOTICE of Appearance by Sopan Joshi on behalf of The Dow Chemical Company (notification declined or already on case) (Joshi, Sopan)
March 23, 2018 Opinion or Order Electronic ORDER granting #59 Motion for Leave to Appear Pro Hac Vice, Sopan Joshi for Defendant The Dow Chemical Company. 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 s/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. So Ordered by Magistrate Judge Anne Y. Shields on 3/23/2018. (Casalini, Rosalinde)
March 22, 2018 Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10294729. by The Dow Chemical Company. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice) (Joshi, Sopan)
February 20, 2018 Filing 58 Minute Entry for proceedings held before Judge Joseph F. Bianco: Telephone Pre Motion Conference held on 2/20/2018. Case called. Counsel for all sides present. Conference held. Motion to be filed by 3/23/2018; response by 4/23/2018; reply by 5/11/2018. Oral argument set for 6/6/2018 at 4:00 pm. (FTR Log #1:35-1:38.) (Florio, Lisa)
February 15, 2018 Filing 57 NOTICE of Appearance by Rachel Anne Farnsworth on behalf of Procter & Gamble Company (aty to be noticed) (Farnsworth, Rachel)
February 14, 2018 Filing 56 Letter in Response to Defendants' Motion for Pre Motion Conference by Suffolk County Water Authority (Sher, Victor)
February 8, 2018 Filing 55 NOTICE of Appearance by Nader R. Boulos on behalf of The Dow Chemical Company (notification declined or already on case) (Boulos, Nader)
February 8, 2018 Filing 54 NOTICE of Appearance by Kevin T. Van Wart on behalf of The Dow Chemical Company (notification declined or already on case) (Van Wart, Kevin)
February 7, 2018 Filing 53 NOTICE of Appearance by Jeanette Bayoumi on behalf of Suffolk County Water Authority (aty to be noticed) (Bayoumi, Jeanette)
February 7, 2018 Filing 52 NOTICE of Appearance by Katie Rose Beran on behalf of Suffolk County Water Authority (aty to be noticed) (Beran, Katie)
February 7, 2018 Filing 51 NOTICE of Appearance by Richard S Lewis on behalf of Suffolk County Water Authority (aty to be noticed) (Lewis, Richard)
February 7, 2018 Email Notification Test - DO NOT REPLY. (Florio, Lisa)
February 6, 2018 Filing 50 NOTICE of Appearance by Stephen C. Dillard on behalf of Vulcan Materials Company (notification declined or already on case) (Dillard, Stephen)
February 6, 2018 Opinion or Order ORDER granting #47 Motion for Leave to Appear Pro Hac Vice 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 s/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 ..So Ordered by Magistrate Judge Anne Y. Shields on 2/6/2018. (Shields, Anne)
February 6, 2018 Opinion or Order ORDER granting #48 Motion for Leave to Appear Pro Hac Vice 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 s/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 .So Ordered by Magistrate Judge Anne Y. Shields on 2/6/2018. (Shields, Anne)
February 6, 2018 Opinion or Order ORDER granting #49 Motion for Pre Motion Conference. The Court has received the defendants' letter requesting a pre-motion conference in anticipation of moving to dismiss this action. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on February 20, 2018 at 1:15 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 2/6/2018. (Baum, Sabrina)
February 5, 2018 Filing 49 Joint MOTION for pre motion conference to discuss defendants' proposed motion to dismiss pursuant to FRCP 12(b)(6) by Ferro Corporation, Procter & Gamble Company, Shell Oil Company, The Dow Chemical Company, Vulcan Materials Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Blanchet, Joel)
February 5, 2018 Filing 48 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10173546. by The Dow Chemical Company. (Boulos, Nadar)
February 5, 2018 Filing 47 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10173486. by The Dow Chemical Company. (Van Wart, Kevin)
February 2, 2018 Filing 46 NOTICE of Appearance by Joel Alan Blanchet on behalf of The Dow Chemical Company (aty to be noticed) (Blanchet, Joel)
February 2, 2018 Filing 45 NOTICE of Appearance by Matthew K. Edling on behalf of Suffolk County Water Authority (notification declined or already on case) (Edling, Matthew)
February 2, 2018 Opinion or Order Electronic ORDER granting #44 Motion for Leave to Appear Pro Hac Vice, Matthew Edling for Plaintiff Suffolk County Water Authority. 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 s/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. So Ordered by Magistrate Judge Anne Y. Shields on 2/2/2018. (Casalini, Rosalinde)
January 31, 2018 Filing 44 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10163669. by Suffolk County Water Authority. (Attachments: #1 Affidavit of Matthew Edling in Support of Motion to Admit Counsel Pro Hac Vice) (Edling, Matthew)
January 26, 2018 Filing 43 Request for Refund of Fees Paid Electronically is approved by Michael J. Kramer, Divisional Office Manager on 01/26/2018. (Kramer, Michael)
January 25, 2018 Filing 42 NOTICE of Appearance by Robb W. Patryk on behalf of Ferro Corporation (aty to be noticed) (Patryk, Robb)
January 25, 2018 Opinion or Order Electronic ORDER granting #41 Motion for Leave to Appear Pro Hac Vice, Jeanette Bayoumi for plaintiffs Suffolk County Water Authority. 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 s/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. . So Ordered by Magistrate Judge Anne Y. Shields on 1/25/2018. (Casalini, Rosalinde)
January 24, 2018 Filing 41 Notice of MOTION for Leave to Appear Pro Hac Vice Jeanette Bayoumi Filing fee $ 150, receipt number 0207-10142360. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Bayoumi, Jeanette)
January 18, 2018 Filing 40 NOTICE of Appearance by Victor Sher on behalf of Suffolk County Water Authority (notification declined or already on case) (Sher, Victor)
January 18, 2018 Filing 39 NOTICE of Appearance by Katherine Jones on behalf of Suffolk County Water Authority (notification declined or already on case) (Jones, Katherine)
January 18, 2018 Opinion or Order Electronic ORDER granting #38 Motion for Leave to Appear Pro Hac Vice, Katherine Jones for Plaintiff Suffolk County Water Authority. 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 s/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. SO Ordered by Magistrate Judge Anne Y. Shields on 1/18/2018. (Casalini, Rosalinde)
January 18, 2018 Opinion or Order Electronic ORDER granting #37 Motion for Leave to Appear Pro Hac Vice, Victor Sher for Plaintiff Suffolk County Water Authority. 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 s/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. So Ordered by Magistrate Judge Anne Y. Shields on 1/18/2018. (Casalini, Rosalinde)
January 17, 2018 Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10123327. by Suffolk County Water Authority. (Attachments: #1 Affidavit Affidavit of Katherine Jones in Support of Motion to Admit Counsel Pro Hac Vice) (Jones, Katherine)
January 17, 2018 Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10123307. by Suffolk County Water Authority. (Attachments: #1 Affidavit Affidavit of Victor Sher in Support of Motion to Admit Counsel Pro Hac Vice) (Sher, Victor)
January 17, 2018 Filing 36 Notice of MOTION for Leave to Appear Pro Hac Vice Richard S. Lewis Filing fee $ 150, receipt number 0207-10120921. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Lewis, Richard)
January 17, 2018 Filing 35 NOTICE of Appearance by Daniel Mark Krainin on behalf of Shell Oil Company (aty to be noticed) (Krainin, Daniel)
January 17, 2018 Opinion or Order Electronic ORDER granting #36 Motion for Leave to Appear Pro Hac Vice, Richard S. Lewis for Plaintiff Suffolk County Water Authority. 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 s/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. So Ordered by Magistrate Judge Anne Y. Shields on 1/17/2018. (Casalini, Rosalinde)
January 17, 2018 Opinion or Order Electronic ORDER granting #27 Motion for Leave to Appear Pro Hac Vice, Katie R. Beran for Plaintiff Suffolk County Water Authority. 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 s/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. So Ordered by Magistrate Judge Anne Y. Shields on 1/17/2018. (Casalini, Rosalinde)
January 16, 2018 Filing 34 NOTICE of Appearance by Paula J. Schauwecker on behalf of Shell Oil Company (aty to be noticed) (Schauwecker, Paula)
January 16, 2018 Filing 33 NOTICE of Appearance by Megan Rose Brillault on behalf of Shell Oil Company (aty to be noticed) (Brillault, Megan)
January 16, 2018 Filing 32 SUMMONS Returned Executed by Suffolk County Water Authority. Shell Oil Company served on 12/22/2017, answer due 2/5/2018. (Martin, Scott)
January 16, 2018 Filing 31 SUMMONS Returned Executed by Suffolk County Water Authority. The Dow Chemical Company served on 12/21/2017, answer due 1/11/2018. (Martin, Scott)
January 16, 2018 Filing 30 SUMMONS Returned Executed by Suffolk County Water Authority. Vulcan Materials Company served on 12/15/2017, answer due 1/5/2018. (Martin, Scott)
January 16, 2018 Filing 29 SUMMONS Returned Executed by Suffolk County Water Authority. Procter & Gamble Company served on 12/14/2017, answer due 2/5/2018. (Martin, Scott)
January 16, 2018 Filing 28 SUMMONS Returned Executed by Suffolk County Water Authority. Ferro Corporation served on 12/15/2017, answer due 1/26/2018. (Martin, Scott)
January 16, 2018 Filing 27 Notice of MOTION for Leave to Appear Pro Hac Vice Katie R. Beran Filing fee $ 150, receipt number 0207-10118406. by Suffolk County Water Authority. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Beran, Katie)
January 11, 2018 Filing 26 NOTICE of Appearance by Lauren Brogdon on behalf of Vulcan Materials Company (notification declined or already on case) (Brogdon, Lauren)
January 11, 2018 Opinion or Order Electronic ORDER granting #25 Motion to Amend/Correct/Supplement. The exhibits attached to this motion will supplement the motion filed under DE #22 . So Ordered by Magistrate Judge Anne Y. Shields on 1/11/2018. (Casalini, Rosalinde)
January 11, 2018 Opinion or Order Electronic ORDER granting #22 , as supplemented by DE #25 , Motion for Leave to Appear Pro Hac Vice, Lauren Brogdon for Defendant Vulcan Materials Company. 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 s/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 . So Ordered by Magistrate Judge Anne Y. Shields on 1/11/2018. (Casalini, Rosalinde)
January 10, 2018 Filing 25 MOTION to Amend/Correct/Supplement #22 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10100933. by Vulcan Materials Company. (Attachments: #1 Affidavit, #2 Exhibit) (Brogdon, Lauren)
January 10, 2018 Filing 24 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation and Order for Further Extension of Time by Ferro Corporation. (Tabatabai Asl, Faranak)
January 10, 2018 Opinion or Order SCHEDULING ORDER: The Court has received defendant Ferro Corporation's request for an an extension of time to respond to the complaint. Plaintiff has consented to this request. IT IS HEREBY ORDERED that defendant Ferro Corporation's request is granted. Defendant Ferro Corporation's response to the complaint shall be filed by February 5, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/10/2018. (Baum, Sabrina)
January 10, 2018 Opinion or Order Electronic ORDER deferring ruling on #22 Motion for Leave to Appear Pro Hac Vice. EDNY Local Rule 1.3 requires that a petition for pro hac vice "be accompanied by a certificate of the clerk of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." As the applicant has not attached such certificate, this Court will defer ruling on this motion to allow applicant an opportunity to supplement her motion with the required certificate. The applicant is directed to file the certificate(s) of good standing by 1/12/18. So Ordered by Magistrate Judge Anne Y. Shields on 1/10/2018. (Casalini, Rosalinde)
January 9, 2018 Filing 23 Letter MOTION for Refund of Fees Paid Electronically by Vulcan Materials Company. (Brogdon, Lauren)
January 9, 2018 Filing 22 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10100933. by Vulcan Materials Company. (Attachments: #1 Affidavit) (Brogdon, Lauren)
January 8, 2018 Filing 21 Supplement to entry #18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10096478. by Vulcan Materials Company. (Attachments: #1 Affidavit, #2 Exhibit) (Wolff, Jeffrey) Modified on 1/8/2018 to read supplement and not a duplicate motion (Bollbach, Jean).
January 8, 2018 Filing 20 Notice of MOTION for Leave to Appear Pro Hac Vice of Stephen C. Dillard Filing fee $ 150, receipt number 0207-10097746. by Vulcan Materials Company. (Attachments: #1 Notice of Motion) (Dillard, Stephen)
January 8, 2018 Filing 19 Consent MOTION for Extension of Time to File Answer re #1 Complaint, [Stipulation and proposed Order] by Shell Oil Company. (Sabir, Sehar)
January 8, 2018 Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10096478. by Vulcan Materials Company. (Attachments: #1 Affidavit) (Wolff, Jeffrey)
January 8, 2018 Opinion or Order Electronic ORDER granting #20 Motion for Leave to Appear Pro Hac Vice, Stephen C. Dillard for Defendant Vulcan Materials Company. 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 s/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 . So Ordered by Magistrate Judge Anne Y. Shields on 1/8/2018. (Casalini, Rosalinde)
January 8, 2018 Motions terminated #21 , docketed incorrectly: DOCUMENT IS SUPPLEMENT TO ENTRY #18 WHICH IS STILL PENDING #21 MOTION to Amend/Correct/Supplement #18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10096478. filed by Vulcan Materials Company. (Bollbach, Jean)
January 8, 2018 Opinion or Order Electronic ORDER granting #18 , as supplemented by DE #21 , Motion for Leave to Appear Pro Hac Vice, Jeffrey S. Wolff for Defendant Vulcan Materials Company. 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 s/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 . So Ordered by Magistrate Judge Anne Y. Shields on 1/8/2018. (Casalini, Rosalinde)
January 8, 2018 Opinion or Order Electronic ORDER granting #19 Motion for Extension of Time to Answer. The time for Defendant Shell Oil Company to answer or otherwise respond to the complain is extended until 2/5/2018. So Ordered by Magistrate Judge Anne Y. Shields on 1/8/2018. (Casalini, Rosalinde)
January 5, 2018 Filing 17 Corporate Disclosure Statement by The Dow Chemical Company (Weingarten, Richard)
January 5, 2018 Filing 16 MOTION for Extension of Time to File Answer on consent by The Dow Chemical Company. (Weingarten, Richard)
January 5, 2018 Opinion or Order ORDER granting #16 Motion for Extension of Time to Answer. By letter dated January 5, 2018, defendant The Dow Chemical Company (Dow) requests an extension of time to respond to the complaint from the original deadline of January 11, 2018 to and including February 5, 2018. Plaintiff has consented to this request. IT IS HEREBY ORDERED that defendant Dow's request is granted. Defendant Dow's opposition shall be filed by February 5, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/5/2018. (Baum, Sabrina)
January 3, 2018 Filing 15 NOTICE of Appearance by Diane P. Sullivan on behalf of Procter & Gamble Company (aty to be noticed) (Sullivan, Diane)
January 3, 2018 Filing 14 NOTICE of Appearance by Jed Paul Winer on behalf of Procter & Gamble Company (aty to be noticed) (Winer, Jed)
January 2, 2018 Filing 13 Corporate Disclosure Statement by Ferro Corporation (Tabatabai Asl, Faranak)
December 29, 2017 Filing 12 Corporate Disclosure Statement by Vulcan Materials Company (Galant, Felice)
December 27, 2017 Opinion or Order ORDER granting #6 Defendant Vulcan's Letter Requesting Extension of Time to Answer. By letter dated December 21, 2017, Defendant Vulcan Materials Company ("Vulcan") requests an extension of time to respond to the complaint. Plaintiff has consented to this request. IT IS HEREBY ORDERED that defendant Vulcan's request is granted. Defendant Vulcan shall respond to the complaint by no later than February 5, 2018. SO ORDERED. (Baum, Sabrina)
December 22, 2017 Filing 11 Letter MOTION for Extension of Time to File Answer to Complaint by Procter & Gamble Company. (Attachments: #1 Exhibit Exhibit A - Stipulation Extending Time to Respond to the Complaint) (Lender, David)
December 22, 2017 Filing 10 Corporate Disclosure Statement by Procter & Gamble Company (Lender, David)
December 22, 2017 Filing 9 NOTICE of Appearance by David J. Lender on behalf of Procter & Gamble Company (aty to be noticed) (Lender, David)
December 22, 2017 Filing 8 NOTICE of Change of Address by Felice B. Galant (Galant, Felice)
December 22, 2017 Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, Stipulation and Order for Extension of Time by Ferro Corporation. (Tabatabai Asl, Faranak)
December 22, 2017 Opinion or Order Electronic ORDER granting #7 Motion for Extension of Time to Answer. The time for Ferro Corporation to answer or otherwise respond to the Complaint is extended until 1/26/2018. So Ordered by Magistrate Judge Anne Y. Shields on 12/22/2017. (Casalini, Rosalinde)
December 22, 2017 Opinion or Order ORDER granting #11 Motion for Extension of Time to Answer Procter & Gamble Company. Answer due 2/5/2018. By letter dated December 22, 2017, defendant the Procter & Gamble Company (Procter & Gamble) requests an extension of time to respond to the complaint. Plaintiff Suffolk County Water Authority has consented to this request. IT IS HEREBY ORDERED that defendant Procter & Gamble's request is granted. Defendant Procter & Gamble's time to answer, move, or otherwise respond to the complaint is extended from January 4, 2018 to February 5, 2018. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/22/2017. (Baum, Sabrina)
December 21, 2017 Filing 6 Letter To The Honorable Joseph F. Bianco From Felice Galant by Vulcan Materials Company (Attachments: #1 Stipulation (and Proposed Order) Extending Time To Respond To The Complaint) (Galant, Felice)
December 21, 2017 Filing 5 NOTICE of Appearance by Felice B. Galant on behalf of Vulcan Materials Company (aty to be noticed) (Galant, Felice)
December 1, 2017 Filing 4 Summons Issued as to All Defendants. (Rodin, Deanna) (Main Document 4 replaced on 12/1/2017) (Rodin, Deanna).
December 1, 2017 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)
December 1, 2017 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
December 1, 2017 Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Anne Y. Shields. 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)
December 1, 2017 Incorrect Document Entry Information. Defendant was added to the case incorrectly; defendant was deleted and re-entered; then document entry #1 was deleted and re-entered against all defendants. (Rodin, Deanna)
November 30, 2017 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Suffolk County Water Authority. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rodin, Deanna) Modified file date on 12/1/2017 (Rodin, Deanna).
November 30, 2017 FILING FEE: $ 400, receipt number 0207-10014854 (Rodin, Deanna)

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Search for this case: Suffolk County Water Authority v. The Dow Chemical Company et al
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Defendant: The Dow Chemical Company
Represented By: Kevin T. VanWart
Represented By: Nader R. Boulos
Represented By: Richard Weingarten
Represented By: Sopan Joshi
Represented By: Joel Alan Blanchet
Represented By: Andrew Patrick Devine
Represented By: Jonathan Nicholas Adair
Represented By: Carolyn Jordan Weltman
Represented By: James Jeffrey Doody
Represented By: John Timothy Murray
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Defendant: Shell Oil Company
Represented By: Megan Rose Brillault
Represented By: Paula J. Schauwecker
Represented By: Daniel Mark Krainin
Represented By: Joel Alan Blanchet
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Defendant: Procter & Gamble Co.
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Defendant: Vulcan Materials Company
Represented By: Jeffrey S. Wolff
Represented By: Lauren Brogdon
Represented By: Stephen C. Dillard
Represented By: Felice B. Galant
Represented By: Brett J. Young
Represented By: Sonia Haejin Lee
Represented By: Farooq A Tayab
Represented By: Joel Alan Blanchet
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Defendant: Procter & Gamble Company
Represented By: Diane P. Sullivan
Represented By: Rachel Anne Farnsworth
Represented By: David J. Lender
Represented By: Jed Paul Winer
Represented By: Joel Alan Blanchet
Represented By: Kelvin Goode
Represented By: Lauren Jacobson Bernstein
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Defendant: Shell Oil Company individually and doing business as Shell Chemical LP
Represented By: Megan Rose Brillault
Represented By: Paula J. Schauwecker
Represented By: Joel Alan Blanchet
Represented By: Daniel Mark Krainin
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3rd party plaintiff: Ferro Corporation
Represented By: Robb W. Patryk
Represented By: Faranak Sharon Tabatabai Asl
Represented By: Amina Hassan
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Plaintiff: Suffolk County Water Authority
Represented By: Scott Allan Martin
Represented By: Jeanette Bayoumi
Represented By: Richard S Lewis
Represented By: Victor Sher
Represented By: Katherine Jones
Represented By: Katie Rose Beran
Represented By: Loretta M. Gastwirth
Represented By: Matthew K Edling
Represented By: Stephanie D. Biehl
Represented By: James D. Gotz
Represented By: Nicole E. Teixeira
Represented By: Tamara Robyn Freilich
Represented By: Yelena W Dewald
Represented By: Margaret Victoria Tides
Represented By: Quentin C. Karpilow
Represented By: Amanda Erin Lee-Dasgupta
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Interested party: Nassau County
Represented By: Laurel R. Kretzing
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Interested party: New York State Department of Environmental Conservation
Represented By: Max Shterngel
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Cross defendant: 120Marcus Realty LLC
Represented By: Paul E. Levitt
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Cross defendant: Empire Properties LI LLC
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Cross defendant: One Adams Owner LLC
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Cross defendant: Steel Forest, LLC
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3rd party defendant: 5 Cuba Hill Owner LLC
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3rd party defendant: 550 Liberty Plaza LLC
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3rd party defendant: Airport Plaza, LLC
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3rd party defendant: Anthony Antoniou
Represented By: Frederick Soller
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3rd party defendant: Anwar Chitayat as Trustee of the Anwar Chitayat Environmental Trust
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3rd party defendant: Crescent Group Realty Inc.
Represented By: Amanda Elizabeth Spinner
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3rd party defendant: FED 717-725 LLC
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3rd party defendant: FGG Realty Associates, LLC
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3rd party defendant: GSM 717-725 LLC
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3rd party defendant: ICA 717-725 LLC
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3rd party defendant: Mako Properties, LLC
Represented By: Matthew D Donovan
Represented By: Madeline Greenblatt
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3rd party defendant: Omega Melville LLC
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3rd party defendant: SAF 717-725 LLC
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3rd party defendant: The Suffolk County Landbank Corporation
Represented By: Lisa A. Azzato
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3rd party defendant: Town of Babylon
Represented By: William D. Wexler
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3rd party defendant: Town of Islip
Represented By: William D. Wexler
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3rd party defendant: Northrop Grumman Corporation
Represented By: Elizabeth Read Knauer
Represented By: Mark A. Chertok
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3rd party defendant: Arkwin Industries, Inc.
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