Hicksville Water District v. Alsy Manufacturing, Inc. et al
| Hicksville Water District |
| Alsy Manufacturing, Inc. currently doing business as Emess Manufacturing, Inc., LBA Properties, Inc., GSM 270-280 LLC, SAF 270-280 LLC, FED 270-280 LLC, Osram Slyvania Products, Inc., currently doing business as Osram Sylvania, Inc., GSM 290 LLC, ICA 290 LLC, SAF 290 LLC, FED 290 LLC, Oerlikon Metco (US) Inc., 325 Duffy Owner LLC and Cerro Wire LLC |
| ICA 270-280, GTE Corporation, GTE Operations Support Incorporated and Vishay GSI, Inc |
| Air Techniques, Inc. |
| 2:2023cv06336 |
| August 24, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Robert M Levy |
| Steven Tiscione |
| Environmental Matters |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
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ORDER granting #32 : Stipulation for an Extension of Time until October 31, 2023 for Defendant, CERRO WIRE LLC to file an answer. SO ORDERED by Magistrate Judge Robert M. Levy on 10/17/2023. (JM)
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| Filing 32 STIPULATION Extending Time to Answer by Cerro Wire LLC (Sweeney, Ryan) |
| Filing 31 Notice of MOTION to Appear Pro Hac Vice Kelly M. Stoll Filing fee $ 150, receipt number ANYEDC-17169855 by Vishay GSI, Inc. (Attachments: #1 Affidavit, #2 Exhibits) (Firetog, Theodore) |
| Filing 30 Notice of MOTION to Appear Pro Hac Vice Todd M. Hooker Filing fee $ 150, receipt number ANYEDC-17169703 by Vishay GSI, Inc. (Attachments: #1 Affidavit, #2 Exhibit A) (Firetog, Theodore) |
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ORDER denying #30 Motion for Leave to Appear Pro Hac Vice. Local Civil Rule 1.3 provides that "[a] member in good standing of the bar of any state or of any United States District Court may be permitted to argue or try a particular case in whole or in part as counsel or advocate, upon motion (which may be made by the applicant) and (1) upon filing with the Clerk of the District Court a certificate 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." Ordered by Magistrate Judge Robert M. Levy on 10/11/2023. (AM)
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ORDER granting #19 Motion for Pre Motion Conference; granting #27 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for November 2, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address (1) Plaintiff Hicksville Water District's anticipated motion to remand this action pursuant to 28 U.S.C. 1447, DE 19, 20; and, if necessary, (2) Defendants Osram Sylvania Products, Inc., GTE Corporation, and GTE Operations Support Incorporated and Vishay GSI, Inc.'s anticipated motion to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6), DE 27. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary.Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 10/11/2023. (LJ)
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ORDER denying #31 Motion for Leave to Appear Pro Hac Vice. Local Civil Rule 1.3 provides that "[a] member in good standing of the bar of any state or of any United States District Court may be permitted to argue or try a particular case in whole or in part as counsel or advocate, upon motion (which may be made by the applicant) and (1) upon filing with the Clerk of the District Court a certificate 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." Ordered by Magistrate Judge Robert M. Levy on 10/11/2023. (AM)
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| Filing 29 RESPONSE in Opposition re #27 Joint MOTION for pre motion conference regarding Movants' Fed. R. Civ. P. 12(b)(6) motion to dismiss filed by All Plaintiffs. (Attachments: #1 Exhibit 1 to Plaintiff's Opposition to Pre-Motion Conference Letter) (Gitelman, Robert) |
| Filing 28 Oerlikon Metco (US) Inc.'s ANSWER to Complaint , CROSSCLAIM against All Defendants by Oerlikon Metco (US) Inc.. (Leff, Richard) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown for all further proceedings. Judge Pamela K. Chen no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 10/3/2023. (CV)
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| Filing 27 Joint MOTION for pre motion conference regarding Movants' Fed. R. Civ. P. 12(b)(6) motion to dismiss by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc.,, Vishay GSI, Inc. (Attachments: #1 Exhibit A (Memorandum and Order), #2 Exhibit B (Settlement Agreement)) (McGahren, John) |
| Filing 26 ANSWER to Complaint by 325 Duffy Owner LLC, FED 270-280 LLC, FED 290 LLC, GSM 270-280 LLC, GSM 290 LLC, ICA 270-280, ICA 290 LLC, SAF 270-280 LLC, SAF 290 LLC. (Knauer, Elizabeth) |
| Filing 25 NOTICE of Appearance by Richard Leff on behalf of Oerlikon Metco (US) Inc. (aty to be noticed) (Leff, Richard) |
| Filing 24 Joint MOTION for Leave to Electronically File Document under Seal by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc.,, Vishay GSI, Inc. (Attachments: #1 Attachment (Ex. 1 Pre-Motion Conference Request - [UNREDACTED]), #2 Attachment (Ex. 1 Pre-Motion Conference Request [REDACTED]), #3 Attachment (Ex. 2 Memorandum and Order [UNREDACTED]), #4 Attachment (Ex. 2 Memorandum and Order [REDACTED]), #5 Attachment (Ex. 3 Settlement Agreement [UNREDACTED])) (McGahren, John) |
| Filing 23 Air Techniques Inc.'s ANSWER to Complaint , CROSSCLAIM against Cerro Wire LLC, SAF 270-280 LLC, SAF 290 LLC, Alsy Manufacturing, Inc., FED 290 LLC, ICA 290 LLC, ICA 270-280, 325 Duffy Owner LLC, GSM 290 LLC, Vishay GSI, Inc, FED 270-280 LLC, LBA Properties, Inc., Oerlikon Metco (US) Inc., GSM 270-280 LLC, COUNTERCLAIM against Hicksville Water District by Air Techniques, Inc.. (Serfaty, Judah) |
| Filing 22 RESPONSE in Opposition re #19 First MOTION for pre motion conference request for motion to remand filed by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc.,. (McGahren, John) |
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ORDER granting #24 Motion for Leave to Electronically File Document under Seal: Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 10/2/2023. (FG)
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ORDER: The Stipulation #21 is So-Ordered. Defendant shall serve an answer to the plaintiff's complaint by October 16, 2023. Ordered by Magistrate Judge Robert M. Levy on 10/2/2023. (AM)
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| Filing 21 STIPULATION Extending Time to Answer by Cerro Wire LLC (Sweeney, Ryan) |
| Filing 20 First MOTION to Remand to State Court by Hicksville Water District. (Attachments: #1 Affirmation in Support of motion to remand, #2 Memorandum in Support of plaintiff's motion to remand, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D) (Gitelman, Robert) |
| Filing 19 First MOTION for pre motion conference request for motion to remand by Hicksville Water District. (Gitelman, Robert) |
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ORDER: The Court is in receipt of Plaintiff's #17 and Defendant Cerro Wire's #18 response letters opposing the GTE Sylvania Defendants' #15 letter motion for pre-motion conference to consolidate the two actions Hicksville Water District v. Jerry Spiegel Associates, et al., 19-cv-06070 ("1,4-dioxane action") and Hicksville Water District v. Alsy Manufacturing, Inc., et al., 23-cv-06336 ("PFAS action"). The Court construes the GTE Sylvania Defendants' #15 letter motion for a pre-motion conference as a motion for consolidation. In light of the legitimate concerns and issues discussed in Plaintiff's and Defendant Cerro Wire's letters--e.g., different questions of law and fact being raised in the two actions; significant discovery complications due to the markedly different phases that the two actions are in; potential undue delay in resolving these actions, especially the 1,4-dioxane action; potential prejudice to Defendant Cerro Wire (who is the only defendant not named in both actions); and Plaintiff's anticipated motion to remand the PFAS action to the state court--the Court denies the GTE Sylvania Defendants' motion to consolidate the two actions. Ordered by Judge Pamela K. Chen on 9/20/2023. (YW)
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| Filing 18 Letter to oppose Motion to Consolidate by Cerro Wire LLC (Sweeney, Ryan) |
| Filing 17 RESPONSE to Motion re #15 Letter MOTION for pre motion conference Opposition filed by All Plaintiffs. (Gitelman, Robert) |
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ORDER: The Court is in receipt of the GTE Sylvania Defendants' #15 letter motion for pre-motion conference to consolidate cases Hicksville Water District v. Jerry Spiegel Associates, et al., 19-cv-06070 and Hicksville Water District v. Alsy Manufacturing, Inc., et al., 23-cv-06336. The Court directs Plaintiff to respond to the GTE Sylvania Defendants' #15 letter motion by 9/15/2023. If other defendants in the two cases also seek to respond to the GTE Sylvania Defendants' letter motion, they shall do so by the same date. Ordered by Judge Pamela K. Chen on 9/1/2023. (YW)
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| Filing 16 NOTICE of Appearance by Theodore W. Firetog on behalf of Vishay GSI, Inc (aty to be noticed) (Firetog, Theodore) |
| Filing 15 Letter MOTION for pre motion conference by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc.,. (Attachments: #1 Exhibit 1 (Spiegel Assocs. Complaint), #2 Exhibit 2 (Alsys Manuf. Complaint), #3 Exhibit 3 (Notice of Removal), #4 Exhibit 4 (P. Granger Deposition Excerpts)) (McGahren, John) |
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ORDER granting #14 Motion for Extension of Time to Answer as to defendants GTE Corporation; GTE Operations Support Incorporated; and Osram Slyvania Products, Inc. Ordered by Magistrate Judge Robert M. Levy on 8/30/2023. (JM)
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| Filing 14 Joint MOTION for Extension of Time to File Answer and or otherwise respond to complaint by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc.,. (Attachments: #1 Exhibit) (McGahren, John) |
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SCHEDULING ORDER: A telephone conference has been scheduled for 10/03/23 at 10:00 a.m., before the Honorable Robert M. Levy, USMJ. Parties are directed to dial (888) 684-8852; and use Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 8/29/2023. (JM)
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| Filing 13 NOTICE of Appearance by Kayley R McGrath on behalf of 325 Duffy Owner LLC, FED 270-280 LLC, FED 290 LLC, GSM 270-280 LLC, GSM 290 LLC, ICA 270-280, ICA 290 LLC, SAF 270-280 LLC, SAF 290 LLC (aty to be noticed) (McGrath, Kayley) |
| Filing 12 NOTICE of Appearance by Elizabeth Read Knauer on behalf of 325 Duffy Owner LLC, FED 270-280 LLC, FED 290 LLC, GSM 270-280 LLC, GSM 290 LLC, ICA 270-280, ICA 290 LLC, SAF 270-280 LLC, SAF 290 LLC (aty to be noticed) (Knauer, Elizabeth) |
| Filing 11 NOTICE of Appearance by Mark A. Chertok on behalf of 325 Duffy Owner LLC, FED 270-280 LLC, FED 290 LLC, GSM 270-280 LLC, GSM 290 LLC, ICA 270-280, ICA 290 LLC, SAF 270-280 LLC, SAF 290 LLC (aty to be noticed) (Chertok, Mark) |
| Filing 10 NOTICE of Appearance by Judah Serfaty on behalf of Air Techniques, Inc. (aty to be noticed) (Serfaty, Judah) |
| Filing 9 NOTICE of Appearance by Robert M. Calica on behalf of Air Techniques, Inc. (aty to be noticed) (Calica, Robert) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen and Magistrate Judge Robert M. Levy for all further proceedings. Judge Gary R. Brown, Magistrate Judge Steven Tiscione no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 8/28/2023. (SR)
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| Filing 8 NOTICE of Appearance by Tanya Y Shah on behalf of GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc., (aty to be noticed) (Shah, Tanya) |
| Filing 7 NOTICE of Appearance by Stephanie Rebecca Feingold on behalf of GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc., (aty to be noticed) (Feingold, Stephanie) |
| Filing 6 NOTICE of Appearance by Ariel Leigh Kapoano on behalf of GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc., (aty to be noticed) (Kapoano, Ariel) |
| Filing 5 NOTICE of Appearance by Ryan William Sweeney on behalf of Cerro Wire LLC (aty to be noticed) (Sweeney, Ryan) |
| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 NOTICE OF REMOVAL by GTE Corporation, GTE Operations Support Incorporated, Osram Slyvania Products, Inc., from Nassau County Supreme Court, case number 610414/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-17020479) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Complaint), #3 Exhibit B (Letter Contract), #4 Exhibit C (Contract), #5 Exhibit D (State Court Docket)) (McGahren, John) Modified on 8/24/2023 (LJ). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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) |
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