Empire State Ethanol and Energy, LLC v. BBI International et al
||Empire State Ethanol and Energy, LLC
||BBI International, Jeff Kistner, Ed Stahl, Mark Yancey, Albany Renewable Energy, LLC and Bio-Pro Resources, LLC
||June 13, 2008
||New York Northern District Court
||David R. Homer
||Gary L. Sharpe
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||15:1 Antitrust Litigation
Available Case Documents
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|January 25, 2011
MEMORANDUM-DECISION AND ORDER. ORDERED that BBI and Mike Bryan's 90 motion to confirm the arbitration award is GRANTED; and it is further ORDERED that BBI and Bryan's 90 motion to be dismissed from this action is DENIED with leave to r enew upon satisfaction of the arbitration award; and it is further ORDERED that Jeff Kistner's 91 motion for summary judgment is DENIED; and it is further ORDERED that the stay is LIFTED; and it is further ORDERED that Empire's 71 motio n for leave to file a second amended complaint is TERMINATED and Empire may refile its motion to amend; and it is further ORDERED that this matter is hereby referred to Magistrate Judge Randolph F. Treece for further proceedings. Signed by Judge Gar y L. Sharpe on 1/25/2011. (Motions terminated: 91 MOTION for Summary Judgment filed by Jeff Kistner, 71 MOTION for Leave to File Second Amended Complaint filed by Empire State Ethanol and Energy, LLC, 90 MOTION to Confirm Arbitration Award filed by BBI International, Mike Bryan.) (dpk)
|June 25, 2009
MEMORANDUM-DECISION and ORDER, that the non-arbitrating defendants' motions for a discretionary stay (Dkt. Nos. 53,56) are granted. The the Clerk of the Court stay this action pending further order of the court. Signed by Judge Gary L. Sharpe on 6/25/2009. (jel, )
|March 20, 2009
MEMORANDUM-DECISION AND ORDER denying 36 Motion for civil gag order ; ORDER granting 25 BBI, Bryan, and Yancey's Motion to Compel arbitration. The action is stayed as against these defendants under 9 U.S.C. Section 3 in lieu of dismissal; ORDER denying ARE, Bio-Pro, Kistner, and Stahl's 26 & 28 Motion to Compel arbitration and dismiss, Denied with leave to make a renewed motion for a discretionary stay. Signed by Judge Gary L. Sharpe on 3/20/09. (ban)
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