Fiermonte v. Airport Design Consultants, Inc., et al
| Gino Fiermonte |
| AIRPORT DESIGN CONSULTANTS, INC., BURNS ENGINEERING, INC., SAVIK & MURRAY, CONSULTING ENGINEERS, PLLC, SAVIK, MURRAY & AURORA CONSTRUCTION MANAGEMENT CO., LLC, SAVIK AND MURRAY, LLP, LONG ISLAND POWER AUTHORITY, TOWN OF ISLIP, , JOHNSON, KUKATA, & LUCCHESI, P.C., VASHTI DEONARAIN, Long Island Power Authority, Johnson, Kukataq, & Lucchesi, P.C. and Town of Islip |
| 2:2024cv02749 |
| April 12, 2024 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| P.I.: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 37 Corporate Disclosure Statement by Savik, Murray & Aurora Construction Management Co., LLC (Squires, Lawton) |
| Filing 36 MOTION for pre motion conference to move to dismiss cross-claims filed by co-defendants by Vashti Deonarain. (Leonardo, Diane) |
ORDER granting #25 Motion for Pre Motion Conference; denying #35 Motion for Pre Motion Conference; denying #36 Motion for Pre Motion Conference. In order to conduct this matter in a reasonable fashion, the Court will address -solely- defendant United States' pre-motion request (DE 16) and plaintiff's pre-motion request (DE 25) at the upcoming June 15 conference, which may avert the need for further consideration of this matter by this Court. Accordingly, the current motions for pre-motion conferences (DEs 25, 35, and 36) are hereby DENIED without prejudice to renew following the June 15 conference, if necessary. Additionally, and for the same reasons, the Court hereby ADJOURNS WITHOUT DATE defendant Town of Islip's request for a pre-motion conference (DE 20). Ordered by Judge Gary R. Brown on 6/4/2024. (JP)
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| Filing 35 Letter MOTION for pre motion conference proposed motion by Savik, Murray & Aurora Construction Management Co., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Squires, Lawton) |
| Filing 34 Corporate Disclosure Statement by Burns Engineering, Inc. (Gangel, Elaine) |
| Filing 33 ANSWER to Complaint (Notice of Removal) (Answer to Cross-Claims) by Airport Design Consultants, Inc., Johnson, Kukataq, & Lucchesi, P.C.. (O'Brien, James) |
| Filing 32 Letter in response to United States's letter concerning proposed motion to dismiss #16 by Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP (Cepler, Craig) |
| Filing 31 RESPONSE to Motion re #25 First MOTION for pre motion conference filed by Vashti Deonarain. (Attachments: #1 Exhibit A- Denial Letter and Certified Mail Receipt, #2 Exhibit B- Email dated March 6. 2024) (Leonardo, Diane) |
| Filing 30 REPLY in Opposition re Order on Motion for Pre Motion Conference,,,,, Letter Opposition to US Motion to Dismiss filed by Gino Fiermonte. (Mackenzie, Megan) |
| Filing 29 Verified ANSWER to #21 Answer to Complaint, Crossclaim by Town of Islip. (Attachments: #1 Certificate of Service) (Wexler, William) |
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Electronic ORDER granting DE #26 Motion to Adjourn Conference. On consent, the conference scheduled for 7/23/24 is adjourned to 7/29/24 at 2:30 p.m. in Courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 5/15/2024. (AGB)
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| Your proposed summons #25 -1 was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint. Also, not amended complaint has been filed. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) |
| Filing 28 ANSWER to #22 Answer to Crossclaim, Asserted by Airport Design by Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP. (Cepler, Craig) |
| Filing 27 ANSWER to #11 Answer to Complaint (Notice of Removal),, Crossclaim, Asserted by Burns Engineering by Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP. (Cepler, Craig) |
| Filing 26 Consent MOTION to Adjourn Conference scheduled for July 23, 2024 by Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP. (Cepler, Craig) |
| Filing 25 First MOTION for pre motion conference by Gino Fiermonte. (Attachments: #1 Proposed Summons Proposed Summons & Amended/Supplemental Complaint) (Mackenzie, Megan) |
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Filing 24
SCHEDULING ORDER: Discovery deadlines set. Next Status Conference set for 7/23/2024 at 10:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 5/13/2024. (KG) (Main Document 24 replaced on 5/13/2024) (KG).
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| Filing 23 Minute Order for proceedings held before Magistrate Judge Steven I. Locke: Initial Conference Hearing held on 5/13/2024. A scheduling order has been entered. (KG) |
| Filing 22 2:24-cv-02749 ANSWER to #21 Answer to Complaint, Crossclaim , CROSSCLAIM against All Defendants by Burns Engineering, Inc.. (Attachments: #1 Rule 7.1 Statement) (Gangel, Elaine) |
| Filing 21 ANSWER to Complaint , CROSSCLAIM against All Defendants by Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP. (Cepler, Craig) |
| Filing 20 Letter MOTION for pre motion conference by Town of Islip. (Wexler, William) |
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ORDER granting #20 Motion for Pre Motion Conference. Defendant Town of Islip's pre-motion letter in anticipation of a motion to dismiss pursuant to FRCP 12, DE 20, will be addressed at the scheduled in-person pre-motion conference on July 15, 2024, in conjunction with defendant Vashti Deonarain's motion. Plaintiff shall respond to DE 20 by May 22, 2024. As a reminder, the parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made 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 5/8/2024. (JP)
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| Filing 19 NOTICE of Appearance by William D. Wexler on behalf of Town of Islip (aty to be noticed) (Attachments: #1 Certificate of Service) (Wexler, William) |
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ORDER granting #16 Motion for Pre Motion Conference. An IN-PERSON pre-motion conference is scheduled for July 15, 2024, at 10:30AM before the Honorable Gary R. Brown, Courtroom 940, 100 Federal Plaza, Central Islip, NY 11722, at which time the parties should be prepared to address defendant's anticipated motion to dismiss pursuant to FRCP 12, DE 16. Counsel shall appear at such time with their clients. Plaintiff is directed to respond to DE 16 by May 16, 2024. The parties are on notice that in appropriate cases, the pre-motion letter and the response, along with the parties' arguments made 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 5/2/2024. (JP)
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| Filing 18 NOTICE of Appearance by John L. Leifert on behalf of Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP (aty to be noticed) (Leifert, John) |
| Filing 17 NOTICE of Appearance by Joseph M. Puzo on behalf of Long Island Power Authority (aty to be noticed) (Puzo, Joseph) Modified on 5/7/2024 to edit. Notice should have only been as to Long Island Power NOT Town of Islip (JC). |
| Filing 16 Letter MOTION for pre motion conference to the Honorable Gary R. Brown to respectfully request a pre-motion conference for a motion to dismiss by Vashti Deonarain (Attachments: #1 Exhibit Certification of Employment) (Leonardo, Diane) Modified on 5/1/2024 to edit to a motion(JC). |
| Filing 15 NOTICE of Appearance by Elaine C. Gangel on behalf of Burns Engineering, Inc. (aty to be noticed) (Gangel, Elaine) |
| Filing 14 NOTICE of Appearance by Megan Mackenzie on behalf of Gino Fiermonte (aty to be noticed) (Mackenzie, Megan) |
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Filing 13
Electronic INITIAL CONFERENCE ORDER: An Initial Conference is set for 5/13/2024 at 10:45 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 4/25/2024. (Attachments: #1 Individual Rules, #2 Scheduling Order Worksheet) (AGB)
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| Filing 12 Corporate Disclosure Statement by Airport Design Consultants, Inc., Johnson, Kukataq, & Lucchesi, P.C. (O'Brien, James) |
| Filing 11 ANSWER to Complaint (Notice of Removal) (Answer to Amended Complaint), CROSSCLAIM against Burns Engineering, Inc., Vashti Deonarain, Long Island Power Authority, Town of Islip, Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP, Savik, Murray & Aurora Construction Management Co., LLC by Airport Design Consultants, Inc., Johnson, Kukataq, & Lucchesi, P.C.. (O'Brien, James) |
| Filing 9 Stipulation to Extend Time to Answer Amended Complaint & Verified Answer to Amended Complaint ANSWER to Complaint (Notice of Removal) Notice of Removal 4/12/24, First CROSSCLAIM against Airport Design Consultants, Inc., Burns Engineering, Inc., Vashti Deonarain, Johnson, Kukataq, & Lucchesi, P.C., Long Island Power Authority, Town of Islip, Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP by Savik, Murray & Aurora Construction Management Co., LLC. (Squires, Lawton) |
| Filing 10 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 205623-2022. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (JC) |
| Filing 8 Letter to the Court re filing of the answers by Savik, Murray & Aurora Construction Management Co., LLC (Squires, Lawton) |
| Filing 7 NOTICE of Appearance by Lawton W. Squires on behalf of Savik, Murray & Aurora Construction Management Co., LLC (aty to be noticed) (Squires, Lawton) |
| Filing 6 NOTICE of Appearance by Craig Matthew Cepler on behalf of Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP (aty to be noticed) (Cepler, Craig) |
| Filing 5 NOTICE of Appearance by Stanislav Sharovskiy on behalf of Savik & Murray, Consulting Engineers, PLLC, Savik and Murray, LLP (aty to be noticed) (Sharovskiy, Stanislav) |
| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 24-CV-2749(GRB)(SIL) (CL) (Main Document 4 replaced on 4/15/2024) (CL). |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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. (CL) |
| Filing 1 NOTICE OF REMOVAL by VASHTI DEONARAIN from Suffolk County Supreme Court, case number 205623/2022. Was the Disclosure Statement on Civil Cover Sheet completed -NO (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Leonardo, Diane) Modified on 4/15/2024 (CL). |
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