Precision Metals Corp. et al v. U.S. Department of Defense et al
| Precision Metals Corp., Anthony C. Figlozzi and Thomas J. Figlozzi |
| U.S. Department of Defense, Lloyd J. Austin III, U.S. Department of the Air Force, Frank Kendall, Defense Logistics Agency, Michelle C. Skubic, Jon L. Lightner and The United States of America |
| 2:2022cv03761 |
| June 27, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Joanna Seybert |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0701 jr Judicial Review |
| None |
Docket Report
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Filing 43
EXTENDED TEMPORARY RESTRAINING ORDER Re: #2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. Accordingly, IT IS HEREBY ORDERED that: A. upon the consent of the Defendants, as stated on the record, the Court's TRO (ECF No. #25 ) is extended to September 9, 2022 at 5:00 p.m. (E.S.T.); and B. as stated on the record, the TRO is also intended to provide the Plaintiffs with a JCP certificate and access to export-controlled data during the pendency of the now-extended TRO. So Ordered by Judge Joanna Seybert on 7/22/2022. (Ortiz, Grisel)
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| Filing 42 Minute Entry for proceedings held before Judge Joanna Seybert: Preliminary Injunction Hearing held on 7/22/2022. See entry for details. (Court Reporter Frederick Guerino.) (Russo, Eric) |
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ORDER withdrawing #39 Motion for Leave to File Excess Pages: See ECF No. #39 (Notice of Withdrawal of Letter Motion). Ordered by Judge Joanna Seybert on 7/18/2022. c/ECF (Killigrew, Patricia)
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| Filing 41 NOTICE by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. re #39 Letter MOTION for Leave to File Excess Pages (Canni, Todd) |
| Filing 40 REPLY in Support re #2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Attachments: #1 Exhibit 1 - Sup. declaration, #2 Exhibit 2 - Email, #3 Exhibit 3 - Email, #4 Exhibit 4 - Orders) (Canni, Todd) |
| Filing 39 Letter MOTION for Leave to File Excess Pages by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Canni, Todd) |
| Filing 38 Letter MOTION to Amend/Correct/Supplement #25 Temporary Restraining Order,,,,,,, Set Hearings,,,,,, to Clarify or, Alternatively, Modify by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force. (Eiswerth, Christopher) |
| Filing 37 MEMORANDUM in Opposition re #2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by All Defendants. (Attachments: #1 Declaration of Seth Cohen) (Eiswerth, Christopher) |
| Filing 36 NOTICE by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force re #35 Notice(Other), of Filing Certified Administrative Record Volume 2 (Attachments: #1 Administrative Record Volume 2) (Eiswerth, Christopher) |
| Filing 35 NOTICE by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force of Filing Certified Administrative Record (Volume 1) (Attachments: #1 Administrative Record Volume 1) (Eiswerth, Christopher) |
| Filing 34 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. U.S. Department of the Air Force served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 33 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. The United States of America served on 6/29/2022, answer due 7/20/2022. (Donoghue, Richard) |
| Filing 32 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. Michelle C. Skubic served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 31 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. Lloyd J. Austin III served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 30 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. Jon L. Lightner served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 29 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. U.S. Department of Defense served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 28 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. Defense Logistics Agency served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 27 SUMMONS Returned Executed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. Frank Kendall served on 6/28/2022, answer due 7/19/2022. (Donoghue, Richard) |
| Filing 26 Letter MOTION for Leave to File Excess Pages by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force. (Eiswerth, Christopher) |
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ORDER granting #26 Motion for Leave to File Excess Pages: Defendants' motion is granted; their responsive memorandum is not to exceed 65 pages. Further, sua sponte, the Court grants Plaintiffs a page-extension on their reply memorandum; it shall not exceed 20 pages. Ordered by Judge Joanna Seybert on 7/11/2022. c/ECF (Killigrew, Patricia)
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Filing 25
TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that Plaintiffs' Injunction Motion (ECF No. #2 ) is GRANTED to the extent that a TRO shall issue, and to the extent a preliminary injunction is also sought, the Court defers ruling on that branch of Plaintiffs' Injunction Motion pending further briefing and a hearing. Thus: As to the TRO, IT IS HEREBY ORDERED that: I. The Defendants are temporarily restrained and enjoined as follows: A. Defendants' April 21, 2022 Debarment Decisions against Plaintiffs are hereby vacated and set aside; B. Plaintiffs' Debarment status under SAMS shall be immediately removed; and C. Defendants shall be enjoined from proposing Plaintiffs for debarment or debarring Plaintiffs while these proceedings are pending; and II. The Plaintiffs are not required to provide an undertaking in support of the restraining order; and III. This TRO will expire fourteen (14) days from its entry in accordance with Rule 65(b)(2) of Federal Rule of Civil Procedure unless, for good cause shown, this TRO is extended or Defendants consent to an extension; and As to the pending request for a preliminary injunction, IT IS hereby ORDERED that: I. The Defendants shall have until July 13, 2022 to file their response memorandum; II. Plaintiffs shall have until July 15, 2022 to file their reply memorandum, if any; and III. The Court will hear oral argument on Friday, July 22, 2022, at 9:00 a.m., in Courtroom No. 1030 of the Central Islip Federal Courthouse, located at 100 Federal Plaza, Central Islip, New York, 11722. Ordered by Judge Joanna Seybert on 7/8/2022. (Florio, Lisa)
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| Filing 24 Minute Entry for proceedings held before Judge Joanna Seybert: Motion Hearing held on 7/8/2022. Defendant's Motion to Change Venue (DE #21 ) is denied. Preliminary Injunction Hearing is set for 7/22/2022 at 9:00 AM in Courtroom 1030 before Judge Joanna Seybert. See entry for additional details. (Court Reporter Paul Lombardi.) (Russo, Eric) |
| Filing 23 RESPONSE in Opposition re #21 Notice of MOTION to Change Venue Under 28 U.S.C. 1404(a) filed by All Plaintiffs. (Attachments: #1 Exhibit Timeline of Events) (Canni, Todd) |
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ORDER denying #21 Motion to Change Venue. See Minute Entry DE #24 . Ordered by Judge Joanna Seybert on 7/8/2022. (Russo, Eric)
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ORDER granting #19 Motion for Hearing: Plaintiffs' Letter Motion is granted to the extent that a Telephonic Status Conference is scheduled for Friday, July 8, 2022 at 10:30 a.m. At the designated time, the parties are to call conference number (877) 336-1839; the access code is: 7231185. Ordered by Judge Joanna Seybert on 7/7/2022. c/ECF (Killigrew, Patricia)
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ORDER finding as moot #16 Motion for Pre Motion Conference: See Defendants' Response Letter, ECF No. #20 , at 1-2 (observing, upon the reassignment of this case to the undersigned, that "[t]his Court's individual rules do not specify that a pre-motion conference letter is necessary for a motion to transfer venue," and stating that "out of an abundance of caution and to avoid unnecessarily delaying matters, Defendants will file the motion [to transfer venue] forthwith"); see also Defendants' Motion to Change Venue, ECF No. #21 .) Ordered by Judge Joanna Seybert on 7/7/2022. c/ECF (Killigrew, Patricia)
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| Filing 22 MEMORANDUM in Support re #21 Notice of MOTION to Change Venue Under 28 U.S.C. 1404(a) filed by All Defendants. (Eiswerth, Christopher) |
| Filing 21 Notice of MOTION to Change Venue Under 28 U.S.C. 1404(a) by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force. (Eiswerth, Christopher) |
| Filing 20 RESPONSE to Motion re #19 Letter MOTION for Hearing ON PLAINTIFFS' ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by All Defendants. (Eiswerth, Christopher) |
| Filing 19 Letter MOTION for Hearing ON PLAINTIFFS' ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Donoghue, Richard) |
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Filing 18
ORDER OF RECUSAL: Judge Gary R. Brown recused. Case reassigned to Judge Joanna Seybert for all further proceedings. So Ordered by Judge Gary R. Brown on 6/29/2022. (Ortiz, Grisel)
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| Filing 17 Letter re: Potential Recusal by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force (Eiswerth, Christopher) |
| Minute Entry for proceedings held before Judge Gary R. Brown:Show Cause Hearing held on 6/28/2022. Counsel for all sides present. Argument heard. Parties are to report back on recusal issue.( #AT&T Conference 4:30 -5:36.) (McMorrow, Karen) |
| Filing 16 Letter MOTION for pre motion conference re: Defendants' Motion to Transfer under 28 U.S.C. 1404(a) by Lloyd J. Austin III, Defense Logistics Agency, Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force. (Attachments: #1 Exhibit A -- June 12, 2022 Minute Order, #2 Exhibit B -- June 21, 2022 Minute Order, #3 Exhibit C -- Counsel Correspondence) (Eiswerth, Christopher) |
| Filing 15 NOTICE by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. re Scheduling Order, re: Parties' Availability for Telephonic Motion Conference (Attachments: #1 Exhibit 1 - Email correspondence) (Canni, Todd) |
| Filing 14 NOTICE of Appearance by Christopher A. Eiswerth on behalf of All Defendants (aty to be noticed) (Eiswerth, Christopher) |
| Filing 13 NOTICE of Appearance by Todd John Canni on behalf of Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. (notification declined or already on case) (Canni, Todd) |
| Filing 12 NOTICE of Appearance by James Matthew Carter on behalf of Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. (notification declined or already on case) (Carter, James) |
| Filing 11 NOTICE of Appearance by Kevin Reza Massoudi on behalf of Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. (notification declined or already on case) (Massoudi, Kevin) |
| Filing 10 NOTICE of Appearance by James M Catterson on behalf of Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp. (aty to be noticed) (Catterson, James) |
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ORDER re #7 : The Motion of Kevin R. Massoudi for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that 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 Arlene R. Lindsay on 6/28/2022. c/ecf (Imrie, Robert)
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ORDER re #8 : The Motion of James Matthew Carter for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that 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 Arlene R. Lindsay on 6/28/2022. c/ecf (Imrie, Robert)
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ORDER re #9 : The Motion of Todd J. Canni for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that 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 Arlene R. Lindsay on 6/28/2022. c/ecf (Imrie, Robert)
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SCHEDULING ORDER: In light of the parties' joint filing, DE 15, a telephonic motion conference to address the Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction is scheduled for today, June 28, 2022 at 4:30 PM before Judge Gary R. Brown. The parties are to call (888) 363-4734 using ACCESS CODE 4132441 five minutes prior to the designated time. Plaintiffs' counsel is directed to communicate this Order to counsel for defendants forthwith. Ordered by Judge Gary R. Brown on 6/28/2022. c/ecf (Cowan, Timothy)
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| Filing 9 MOTION to Appear Pro Hac Vice of Todd J. Canni Filing fee $ 150, receipt number ANYEDC-15696582. by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Attachments: #1 Affidavit of Todd J. Canni, #2 Exhibit 1 Certificate of Good Standing) (Canni, Todd) |
| Filing 8 MOTION to Appear Pro Hac Vice of James Matthew Carter Filing fee $ 150, receipt number ANYEDC-15696558. by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Attachments: #1 Affidavit of James Matthew Carter, #2 Exhibit 1 Certificate of Good Standing) (Carter, James) |
| Filing 7 MOTION to Appear Pro Hac Vice of Kevin R. Massoudi Filing fee $ 150, receipt number ANYEDC-15696490. by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Attachments: #1 Affidavit of Kevin R. Massoudi, #2 Exhibit 1 Certificate of Good Standing) (Massoudi, Kevin) |
| Filing 6 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Landow, Concetta) |
| Filing 5 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. (Landow, Concetta) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 3 Corporate Disclosure Statement by Precision Metals Corp. (Donoghue, Richard) |
| Filing 2 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction by Anthony C. Figlozzi, Thomas J. Figlozzi, Precision Metals Corp.. (Attachments: #1 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, #2 DECLARATION OF RICHARD P. DONOGHUE IN SUPPORT OF PLAINTIFFS' PROPOSED ORDER TO SHOW CAUSE) (Donoghue, Richard) |
| Filing 1 COMPLAINT against Secretary Lloyd J. Austin, III, Defense Logistics Agency, Secretary Frank Kendall, Jon L. Lightner, Michelle C. Skubic, The United States of America, U.S. Department of Defense, U.S. Department of the Air Force filing fee $ 402, receipt number ANYEDC-15694544 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Thomas J. Figlozzi, Anthony C. Figlozzi, Precision Metals Corp.. (Attachments: #1 Exhibit 1 Cathy Hopkins, Face-to-Face Interactions, Encourage Relationship Building, Improve Warfighter Support, Defense Logistics Agency (2017), #2 Exhibit 2 Precision Debarment Decision, #3 Exhibit 3 Memorandum in Opposition, #4 Exhibit 4 Transcript of Motions Hearing Before the Honorable Royce C. Lamberth United States District Judge, Resource Applications, Inc. v. Environmental Protection Agency, No. 93-2525, #5 Exhibit 5 Declaration of Anthony C. Figlozzi, #6 Exhibit 6 Declaration of Robert F. Meunier, #7 Exhibit 7 Declaration of Normand V. Lussier, #8 Exhibit 8 Practitioners Guide to Suspension and Debarment at Chapter 6, #9 Exhibit 9 Newsday Article on Precision, #10 Exhibit 10 U.S. Department of Veterans Affairs Disability Rating Determination, #11 Exhibit 11 Notice of Proposed Debarment, #12 Exhibit 12 Department of Defense Memorandum, #13 Exhibit 13 Correspondence dated January 5, 2022, #14 Exhibit 14 Correspondence between DoD and Precision, #15 Exhibit 15 Monitor's Second Report, #16 Exhibit 16 Correspondence Dated March 11, 2022, #17 Exhibit 17 Correspondence Dated January 27, 2022, #18 Exhibit 18 Analysis of DLA Administrative Agreements, #19 Exhibit 19 Administrative Record, #20 Civil Cover sheet, #21 Summons in Civil Action) (Donoghue, Richard) |
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SCHEDULING ORDER: Plaintiffs' counsel is directed to meet and confer with defendants, and submit to this Court a joint list of the earliest dates and times when the parties are available for a telephonic motion conference to address the Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. See Docket Entry 2. Ordered by Judge Gary R. Brown on 6/27/2022. c/ecf (Tahbaz, Joseph)
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| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Landow, Concetta) |
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