International ProcessPlants & Equipment Corp. v. Metro Industrial Wrecking & Environmental Contractors, Inc. et al
| International ProcessPlants & Equipment Corp. |
| Metro Industrial Wrecking & Environmental Contractors, Inc., MIWEC Asset Recovery, Inc., MIWEC Rentals and Leasing, Inc., Waste Away Carting NY, Inc., Metro Industrial Solutions, Inc., 1510 5th Industrial Court, LLC, Rino Rotondo and Waste-Away, Inc. |
| 2:2023cv04063 |
| June 1, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Document Text |
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ORDER denying DE #58 Motion for Discovery. In their joint submission at DE #58 , the parties seek Court intervention in connection with several discovery disputes. The parties, however, fail to cite to relevant case law or the Federal Rules of Civil Procedure. For example, Plaintiff seeks production of "federal, state, and local tax returns for all Defendants, including Rino Rotondo's individual returns" but ignores case law regarding such requests. See Iannuzzi v. Lu, No. 22-CV-911, 2023 WL 2436038 at *2 (S.D.N.Y. Feb. 21, 2023) ("[R]elevance alone is generally an insufficient basis for a court to compel discovery of tax returns. The requesting party must also show that there is a compelling need for the returns because the information contained therein is not otherwise readily obtainable." (internal quotations omitted)). The parties' submission at DE #58 thus fails to provide the requisite legal authority for the Court to adjudicate Plaintiff's request for discovery. See Restivo v. Hessemann, 846 F.3d 547, 592 (2d Cir. 2017)(holding that it is not "the district court's job either to do the [parties'] homework or to take heroic measures aimed at salvaging the [parties] from the predictable consequences of self-indulgent lassitude"); Tyson v. Town of Ramapo, No. 17-CV-04990, 2023 WL 3044623 at *1 (S.D.N.Y. Apr. 21, 2023) ("Judges are not like pigs, hunting for truffles buried in briefs or the record." (internal quotations omitted)). The relief requested in DE #58 (including for a teleconference) is accordingly DENIED WITHOUT PREJUDICE. Ordered by Magistrate Judge Lee G. Dunst on 7/27/2023. (CB)
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| Filing 58 Joint MOTION for Discovery Conference regarding dispute by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit Email from Metro's counsel, #2 Exhibit Email from IPP's counsel, #3 Exhibit MIWEC Rentals invoice, #4 Exhibit Flagstar discovery responses) (Cohen, Roy) |
| Filing 57 SUMMONS Returned Executed by International ProcessPlants & Equipment Corp.. Metro Industrial Solutions, Inc. served on 7/21/2023, answer due 8/11/2023. (Cohen, Roy) |
| Filing 56 SUMMONS Returned Executed by International ProcessPlants & Equipment Corp.. MIWEC Rentals and Leasing, Inc. served on 7/21/2023, answer due 8/11/2023. (Cohen, Roy) |
| Filing 55 SUMMONS Returned Executed by International ProcessPlants & Equipment Corp.. 1510 5th Industrial Court, LLC served on 7/21/2023, answer due 8/11/2023. (Cohen, Roy) |
| Filing 54 SUMMONS Returned Executed by International ProcessPlants & Equipment Corp.. Waste-Away, Inc. served on 7/21/2023, answer due 8/11/2023. (Cohen, Roy) |
| Filing 53 Letter Status Update Regarding Service of Process by International ProcessPlants & Equipment Corp. (Cohen, Roy) |
| Filing 52 SUMMONS ISSUED as to Waste-Away, Inc.. (LC) |
| Filing 51 SUMMONS ISSUED as to 1510 5th Industrial Court, LLC. (LC) |
| Filing 50 SUMMONS ISSUED as to Metro Industrial Solutions, Inc.. (LC) |
| Filing 49 SUMMONS ISSUED as to MIWEC Rentals and Leasing, Inc.. (LC) |
| Filing 48 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 47 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 46 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 45 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 44 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 43 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 42 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Filing 41 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Rider) (Farrell, Shawn) |
| Your proposed summons was not issued for one of the following reasons: Please correct the Clerk of Court to Brenna B. Mahoney and leave the date blank.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (LC) |
| Filing 40 AMENDED COMPLAINT against 1510 5th Industrial Court, LLC, MIWEC Asset Recovery, Inc., MIWEC Rentals and Leasing, Inc., Metro Industrial Solutions, Inc., Metro Industrial Wrecking & Environmental Contractors, Inc., Rino Rotondo, Waste-Away, Inc., filed by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit 1 (Lysek aff), #2 Exhibit 2 (Kordt Aff), #3 Exhibit 3 (Contract), #4 Exhibit 4 (Demand for Arb), #5 Exhibit 5 (Award & Opinion), #6 Exhibit 6 (Petition to Confirm), #7 Exhibit 7 (Order), #8 Exhibit 8 (Order), #9 Exhibit 9 (Suffolk Cty), #10 Exhibit 10 (Subpoenas), #11 Exhibit 11 (Letter), #12 Exhibit 12 (Actions in Suffolk Cty), #13 Exhibit 13 (Judgment), #14 Exhibit 14 (Rotondo Aff), #15 Exhibit 15 (Address), #16 Exhibit 16 (Affidavit)) (Farrell, Shawn) |
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Filing 39
Minute Order for proceedings held on 7/13/2023 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Counsel for Plaintiff: Michael F. McKenna, Robert John O'Brien, Roy S. Cohen. Counsel for Defendant: Gerald V. Dandeneau. Next Conference: Status Conference - 8/22/2023 at 11:00AM via AT&T Teleconference (877-402-9753 - Access Code: 2785175). FTR #: 11:04-11:46, via AT&T Teleconference. Case called. Counsel for all sides present. The Court SO ORDERS the parties' proposed schedule set forth in DE #38 . That is, defendants Metro Industrial Wrecking & Environmental Contractors, Inc., MIWEC Asset Recovery, Inc., and Rino Rotondo shall provide documents responsive to Plaintiff's document requests in DE #38 by 7/31/2023. The represented parties shall complete depositions by 8/15/2023. Accordingly, Plaintiff's motion at DE #27 for an expedited discovery schedule is DENIED AS MOOT. Plaintiff shall file a status report by 7/21/2023, regarding service of defendants Metro Industrial Solutions, Inc., MIWEC Rentals and Leasing Inc., 1510 5th Industrial Court, LLC, and Waste Away Carting NY, Inc. All represented parties shall file a joint status report by 8/18/2023. SO ORDERED by Magistrate Judge Lee G. Dunst on 7/13/2023. (CT)
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| Filing 38 Letter Joint Submission re expedited discovery schedule by International ProcessPlants & Equipment Corp. (Cohen, Roy) |
| Filing 37 NOTICE of Appearance by Michael F. McKenna on behalf of International ProcessPlants & Equipment Corp. (aty to be noticed) (McKenna, Michael) |
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ORDER: Any request for relief within Plaintiff's letter at DE #36 is DENIED WITHOUT PREJUDICE. The Court previously ordered the parties to "file a joint letter" by 7/5/2023 that "provides a joint proposed expedited discovery schedule." 6/21/2023 Order (emphases added); see 6/28/2023 Order (same). However, instead of submitting the required "joint" letter, Plaintiff filed its own letter that sets forth Plaintiff's version of the current discussions between the parties regarding the proposed discovery schedule--and fails to include Defendants' position on these issues. See DE #36 at 1 ("On behalf of the Plaintiff..., we submit this letter regarding an expedited discovery schedule in the above-captioned matter.") (emphasis added); id. at 3 ("[W]e submit this letter on behalf of IPP only to apprise the Court of the status of the negotiations between and among the parties.") (emphasis added). Plaintiff's letter at DE #36 thus fails to comply with the Court's 6/21/2023 and 6/28/2023 Orders, as well as the undersigned's Individual Practice Rule IV.D that requires the submission of a joint letter regarding discovery disputes. These circumstances merit rejection of any relief requested in DE #36 . See, e.g., Fields v. Bayerische Motoren Werke Aktiengesellschaft, 594 F. Supp. 3d 530, 533 (E.D.N.Y. 2022) (rejecting court filings due to the parties' failure to comply with the court's individual practice rules); Testaccio v. Rahim, No. 21-CV-1916, 2021 WL 1999411, at *1 (E.D.N.Y. May 19, 2021) (same). Additionally, DE #36 makes clear that further meet and confer discussions should narrow any potential issues regarding scheduling document production and depositions given that the disagreements reported in DE #36 appear relatively limited. For the foregoing reasons, any relief requested within Plaintiff's letter at DE #36 is DENIED WITHOUT PREJUDICE. The parties shall continue their mandatory meet and confer efforts. The parties shall submit an updated joint letter by 7/10/2023 at 2:00 PM that provides a joint proposed expedited discovery schedule. If the parties cannot come to an agreement on scheduling, the joint letter must clearly and specifically identify the disagreements between the parties. Finally, the parties are reminded of their obligations to act professionally and cooperate with each other in all phases of discovery and be courteous in their dealings with each of other. See Loc. Civ. R. 26.4; see also Travel Sentry, Inc. v. Tropp, 669 F. Supp. 2d 279, 286-87 (E.D.N.Y. 2009) ("As officers of the court, all attorneys conducting discovery owe the court a heightened duty of candor."). Ordered by Magistrate Judge Lee G. Dunst on 7/6/2023. (CB)
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| Filing 36 Letter re expedited discovery schedule by International ProcessPlants & Equipment Corp. (Cohen, Roy) |
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ORDER: Defendants' consent motion at DE #34 to adjourn the next teleconference is GRANTED. Due to a calendar conflict, the undersigned is not available on 7/10/2023 as requested by the parties. Accordingly, the teleconference previously scheduled for 7/7/2023 at 10:15 AM (see 6/21/2023 Electronic Scheduling Order) is ADJOURNED to 7/13/2023 at 11:00 AM; parties shall join by dialing 1-877-402-9753 and entering access code 2785175# at the prompt. Ordered by Magistrate Judge Lee G. Dunst on 7/1/2023. (CB)
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| Filing 35 NOTICE of Appearance by Robert John O'Brien on behalf of International ProcessPlants & Equipment Corp. (aty to be noticed) (O'Brien, Robert) |
| Filing 34 Second MOTION to Adjourn Conference telephone conference by Metro Industrial Wrecking & Environmental Contractors, Inc.. (Dandeneau, Gerald) |
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ORDER: Defendants' motion at DE #33 to adjourn the 7/7/2023 10:15 AM teleconference is DENIED WITHOUT PREJUDICE. The undersigned's Individual Practice Rules (each a "Rule") require adjournment requests to (among other things) state whether opposing counsel consents to the proposed adjournment. See Rule II.E.4; see also Rule II.E.3 ("Prior to seeking any adjournment, the parties are expected to confer and grant each other the professional courtesy of agreeing to reasonable requests, especially for the first request for any adjournment."). The parties remain obligated to file a joint letter by 7/5/2023 that "provides a joint proposed expedited discovery schedule." 6/21/2023 Electronic Scheduling Order. For avoidance of doubt, the Court's order that the parties "shall not file further submissions regarding the service issue absent good cause before the teleconference" (6/23/2023 Order) vacated the Court's prior instruction for the parties to address service in the aforementioned joint letter (see 6/21/2023 Electronic Scheduling Order). Ordered by Magistrate Judge Lee G. Dunst on 6/28/2023. (CB)
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| Filing 33 First MOTION to Adjourn Conference Adjournment letter by Metro Industrial Wrecking & Environmental Contractors, Inc.. (Dandeneau, Gerald) |
| Filing 32 REPLY to Response to Motion re #29 Letter MOTION for pre motion conference setting conference regarding service of process filed by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit Photos, #2 Exhibit Affidavit of Brian Levine) (Cohen, Roy) |
| Filing 31 Letter Attorneys responsive letter by Rino Rotondo (Attachments: #1 Exhibit Exhibit A - Notice of Writ of Execution, #2 Exhibit Exhibit B - Letter, #3 Exhibit Exhibit C - Letter) (Dandeneau, Gerald) |
| Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16824543 by International ProcessPlants & Equipment Corp.. (Attachments: #1 Affidavit RJO Affidavit) (Farrell, Shawn) |
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ORDER: Plaintiff's motion at DE #29 for a Court conference, in advance of the already-scheduled 7/7/2023 conference, "to require that Mr. Dandeneau accept service on behalf of the four (4) remaining Defendants or provide provide good cause justifying his refusal to do so pursuant to Fed. R.Civ. P. 4" is DENIED. The Court received the parties' submissions regarding the service issue. See DEs #28 , #29 , #31 , #32 . The parties shall not file further submissions regarding the service issue absent good cause before the teleconference scheduled for 7/7/2023 at 10:15 AM. See 6/21/2023 Electronic Scheduling Order (scheduling that conference). The motion at DE #30 for leave to allow attorney Robert J. O'Brien to appear pro hac vice is GRANTED. Mr. O'Brien shall register for ECF (registration is available online at www.pacer.gov), file a notice of appearance, ensure that he receives electronic notification of activity in this case, and arrange for payment of the $150 admission fee to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 6/23/2023. (CB)
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| Filing 29 Letter MOTION for pre motion conference setting conference regarding service of process by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit Rotondo affidavit, #2 Exhibit Sayreville contract, #3 Exhibit Deposition excerpt) (Cohen, Roy) |
| Filing 28 Letter Responsive letter by Metro Industrial Wrecking & Environmental Contractors, Inc. (Dandeneau, Gerald) |
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ELECTRONIC SCHEDULING ORDER: Magistrate Judge Lee G. Dunst will hold a teleconference on 7/7/2023 at 10:15 AM; parties shall join by dialing 1-877-402-9753 and entering access code 2785175# at the prompt. The parties shall meet and confer about discovery needed to adjudicate the motion for a preliminary injunction (DE #21 ). The parties shall file a joint letter by 7/5/2023 that (1)addresses the service of process issue raised in DE #28 , and (2) provides a joint proposed expedited discovery schedule. Ordered by Magistrate Judge Lee G. Dunst on 6/21/2023. (CB)
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| Filing 27 Letter MOTION for pre motion conference setting hearing date and expedited discovery schedule by International ProcessPlants & Equipment Corp.. (Cohen, Roy) |
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ORDER denying #21 Motion for TRO. Plaintiff's motion for a temporary restraining order is DENIED. The motion for a preliminary injunction is respectfully referred to Magistrate Judge Dunst. Plaintiff may apply to Magistrate Judge Dunst for expedited discovery. Ordered by Judge Joan M. Azrack on 6/20/2023. (SP)
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ORDER REFERRING MOTION: #21 MOTION for Preliminary Injunction filed by International ProcessPlants & Equipment Corp. The motion is respectfully referred to Magistrate Judge Dunst. Ordered by Judge Joan M. Azrack on 6/20/2023. (SP)
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| Filing 26 REPLY to Response to Motion re #21 MOTION for Temporary Restraining Order filed by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit Deposition Testimony, #2 Exhibit NY State Website) (Cohen, Roy) |
| Filing 25 NOTICE of Appearance by Gerald V. Dandeneau on behalf of Metro Industrial Wrecking & Environmental Contractors, Inc. (aty to be noticed) (Dandeneau, Gerald) |
| Filing 24 AFFIDAVIT/DECLARATION in Opposition re #21 MOTION for Temporary Restraining Order Attorney's Letter in opposition on behalf of Defendants Rotondo, Metro Industrial Wrecking and MIWEC Asset Recovery filed by Metro Industrial Wrecking & Environmental Contractors, Inc.. (Attachments: #1 Exhibit Exhibit A - Pennsylvania Superior Court Order, #2 Exhibit Exhibit B - Plaintiff;s Counsel's May 1, 2023, letter, #3 Exhibit Exhibit C - Department of State entity information of named defendants) (Dandeneau, Gerald) |
| Filing 23 NOTICE of Appearance by Roy S. Cohen on behalf of International ProcessPlants & Equipment Corp. (aty to be noticed) (Cohen, Roy) |
| Filing 22 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16795208 by International ProcessPlants & Equipment Corp.. (Attachments: #1 Affidavit Affidavit) (Farrell, Shawn) |
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ORDER granting DE #22 Motion for Leave to Appear Pro Hac Vice. Attorney Roy S. Cohen shall register for ECF (registration is available online at www.pacer.gov), file a notice of appearance, ensure that he receives electronic notification of activity in this case, and arrange for payment of the $150 admission fee to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Lee G. Dunst on 6/14/2023. (CB)
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| Filing 21 MOTION for Temporary Restraining Order by International ProcessPlants & Equipment Corp.. (Attachments: #1 Memorandum in Support Brief in Support, #2 Proposed Order Proposed Order, #3 Exhibit Affidavit of Lysek, #4 Exhibit Affidavit of Korhdt, #5 Affidavit Affidavit of Roy Cohen) (Farrell, Shawn). Added MOTION for Preliminary Injunction on 6/20/2023 (LC). |
| Filing 20 SUMMONS ISSUED as to 1510 5th Industrial Court, LLC, MIWEC Asset Recovery, Inc., MIWEC Rentals and Leasing, Inc., Metro Industrial Solutions, Inc., Metro Industrial Wrecking & Environmental Contractors, Inc., Rino Rotondo, Waste Away Carting NY, Inc.. (Attachments: #1 Summons - Waste Away Carting NY, Inc., #2 Summons - MIWEC Rentals and Leasing, Inc., #3 Summons - MIWEC Asset Recovery, Inc., #4 Summons - Rino Rotondo, #5 Summons - 1510 5th Industrial Court, LLC, #6 Summons - Metro Industrial Solutions, Inc.) (LC) |
| Filing 19 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 18 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 17 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 16 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 15 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 14 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Filing 13 Proposed Summons. by International ProcessPlants & Equipment Corp. (Attachments: #1 Proposed Summons Rider) (Farrell, Shawn) |
| Your proposed summons(es) were not issued for one of the following reasons: The full case caption must appear on the summons. If you are unable to fit the full caption, there must me a rider attached to the summons with the name and addresses of all defendants included. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (LC) |
| Filing 12 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 11 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 10 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 9 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 8 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 7 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 6 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 5 Proposed Summons. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Filing 4 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 Civil Cover Sheet.. by International ProcessPlants & Equipment Corp. (Farrell, Shawn) |
| Notice: Re: Missing Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. 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. (LJ) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16760008 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by International ProcessPlants & Equipment Corp.. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Contract, #3 Exhibit Demand for Arb, #4 Exhibit Arb Award, #5 Exhibit Petition to Confirm, #6 Exhibit Order, #7 Exhibit Opinion, #8 Exhibit Judgment, #9 Exhibit Subpoenas, #10 Exhibit Letter, #11 Exhibit Cases, #12 Exhibit Praecipe, #13 Exhibit Affidavit, #14 Exhibit Deed, #15 Exhibit AAA Order, #16 Exhibit Affidavit) (Farrell, Shawn) Modified on 6/5/2023 (LJ). |
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