Twin Bridges Waste and Recycling, LLC v. County Waste and Recycling Service, Inc. et al
| Twin Bridges Waste and Recycling, LLC |
| Waste Connections, Inc. doing business as Waste Connections, Waste Connections US, Inc., Robert Wright Disposal, Inc. and County Waste and Recycling Service, Inc. |
| Randolph F. Treece |
| 1:2021cv00263 |
| March 8, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 102
TRANSCRIPT of Proceedings: Status Conference held on 9/8/2023 before Judge Daniel J. Stewart, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2023. Redacted Transcript Deadline set for 10/19/2023. Release of Transcript Restriction set for 12/18/2023. Notice of Intent to Redact due by 9/25/2023 (hfc, )
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Filing 101
STATUS REPORT in response to Judge Stewart's text order of September 11 (Dkt. No. 98) by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Sprague, Kelly)
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Filing 100
STATUS REPORT In response to the Court's text order (Doc. 98) by Twin Bridges Waste and Recycling, LLC. (Boyajian, Donald)
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Filing 99
TRANSCRIPT REQUEST 09/08/2023 by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Randolph F. Treece, Waste Connections US, Inc., Waste Connections, Inc.. (Reynolds, William)
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Filing 98
TEXT ORDER. A status conference was held on September 8, 2023, and the parties detailed their continued discovery efforts. Plaintiff will make additional disclosures of electronic discovery early next week. Defense counsel is to provide a status letter to the Court on or before Friday, September 15, 2023, with regard to that disclosure and any ongoing issues. Plaintiff's counsel, for its part, will provide a written response to Defendants' demand for discovery in connection with the subpoena recently issued by the New York State Attorney General's Office. Finally, a further in-person discovery conference is now set for October 12 at 10:30 AM. At that time new deadlines for discovery and motions will be set by the Court. The parties are reminded of the age of the case, and the need to begin depositions and complete the discovery process. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 9/11/2023. (Stewart, Daniel)
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Set Deadlines: Status Report due by 9/15/2023. (gmd)
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Text Minute Entry for an In Person Status Conference held on 9/8/2023 before Magistrate Judge Daniel J. Stewart. Court and counsel review progress made since the last conference. Counsel to submit status reports as specified. A follow up in person status conference is scheduled for October 12, 2023, at 10:30 AM. Text Order to follow. Appearances: Donald W. Boyajian, Esq., and James R. Peluso, Jr., Esq., for plaintiff; William E. Reynolds, Esq., and Kelly A. Sprague, Esq., for defendant(s). [Court Reporter: Hannah Cavanaugh]. Time: 10:00 AM - 10:41 AM. (gmd)
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Filing 97
STATUS REPORT / LETTER by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Reynolds, William)
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Filing 96
NOTICE OF APPEARANCE by Adam R. Shaw on behalf of Twin Bridges Waste and Recycling, LLC (Shaw, Adam)
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Filing 95
TEXT ORDER: The In Person Status Conference RESET for 9/8/2023 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. So Ordered by Magistrate Judge Daniel J. Stewart on 8/11/2023. (gmd)
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Filing 94
DISCOVERY ORDER It is hereby ORDERED, that Disclosure of the Bates stamped pages referenced within this Order should be made by Plaintiff's Counsel to Defense Counsel within seven (7) days of the date of this Order; and it is further ORDERED, that the supplied documents shall be designated "Highly Confidential - Attorneys' Eyes Only" pursuant to the Stipulated Protective Order, Dkt. No. #38 . IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 8/3/2023. (egr, )
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Filing 93
LETTER BRIEF submitted to Judge Stewart as a short reply to the July 31 letter of Twin Bridges by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Reynolds, William)
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Filing 92
LETTER BRIEF in response to Dkt. No. 91 by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 91
LETTER BRIEF submitted to Judge Stewart pursuant to the Court's July 19 Text Order (Dkt. No. 85) regarding Casella-Twin Bridges transaction documents by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Reynolds, William)
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Filing 90
NOTICE OF INTENT TO REQUEST REDACTION by James R. Peluso, Jr re #89 Transcript,,,, (Peluso, James)
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Filing 89
TRANSCRIPT of Proceedings: Discovery Hearing held on 7/18/2023 before Judge Daniel J. Stewart, Court Reporter: Jacqueline Stroffolino, Telephone number: 518-257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2023. Redacted Transcript Deadline set for 8/22/2023. Release of Transcript Restriction set for 10/20/2023. Notice of Intent to Redact due by 7/27/2023 (jxs, )
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Filing 88
Transcript Redaction Request re #82 Transcript,,,, by James R. Peluso, Jr. (Peluso, James)
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Filing 87
TRANSCRIPT REQUEST by Twin Bridges Waste and Recycling, LLC for proceedings held on June 29, 2023 and July 18, 2023 before Judge Daniel J. Stewart.. (Peluso, James)
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Filing 86
TRANSCRIPT REQUEST by County Waste and Recycling Service, Inc. for proceedings held on 7/18/2023 before Judge Daniel J. Stewart.. (Reynolds, William)
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Filing 85
TEXT ORDER. As a result of the recently held status conference, the Court directs that Plaintiff's counsel produce to the Court for an in camera review: (1) the complete Casella Asset Purchase Agreement for Consolidated Waste Services, LLC and/or Twin Bridges; (2) any valuations, analyses, projections, market share, or competitive position of Consolidated Waste Services, LLC and/or Twin Bridges in the possession of the Plaintiff or Plaintiff's various legal counsel, regardless of who prepared it; and (3) a copy of any confidentiality or non-disclosure agreement applicable to (1) & (2). That production shall occur on or before July 26, 2023. Plaintiff's counsel may also submit in camera any request for redaction of the above referenced documents. Defense counsel may submit, on the docket, a letter brief further clarifying what information they believe to be critical for the Courts in camera review. An additional discovery conference is set for August 15, 2023, at 10 AM to discuss any unresolved discovery issues. Regarding email search production, Defendants state that they have completed their search and provided the results. Plaintiff's counsel reported that they have produced substantial documentation utilizing 8 of the 64 search terms and covering 8 of the 21 custodians. It would be anticipated by the Court that by the August conference, the remaining searches by Plaintiff will have been completed, reviewed, and responsive documents produced. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 7/19/2023. (Stewart, Daniel)
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Text Minute Entry for a Discovery Conference held on 7/18/2023 before Magistrate Judge Stewart. Parties update the court on progress since the last conference and review what still needs to be completed. Parties discuss the issues surrounding the sale of Twin Bridges. Court directs an in-camera review of documents as specified. Text Order to follow. A follow up In Person Discovery Conference is set for August 15th at 10:00 AM. Appearances: Donald W. Boyajian, Esq., James R. Peluso, Jr., and Lauren S. Owens for plaintiff(s); William E. Reynolds, Esq., and Kelly A. Sprague Esq., for defendant(s). [Court Reporter: Jacqueline Stroffolino]. Time: 2:00 PM - 2:51 PM. (gmd)
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NOTICE of Hearing:In Person Status Conference RESET for 7/18/2023 02:00 PM in Albany before Magistrate Judge Daniel J. Stewart. (gmd)
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Filing 84
STATUS REPORT updating the Court on progress related to the production of documents and discovery by Twin Bridges Waste and Recycling, LLC. (Owens, Lauren)
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Filing 83
STATUS REPORT as requested by Magistrate Judge Stewart at the June 29 conference by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Attachments: #1 Exhibit(s) A (Defendants' June 30 letter (clean and redline) narrowing requests regarding Casella transaction documents), #2 Exhibit(s) B (Plaintiff's July 11 letter regarding Casella transaction documents))(Reynolds, William)
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Filing 82
TRANSCRIPT of Proceedings: Discovery Conference held on June 29, 2023, before Judge Daniel J. Stewart, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/11/2023. Notice of Intent to Redact due by 7/18/2023 (lt, )
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Filing 81
TRANSCRIPT REQUEST FOR 6/29/23 DISCOVERY CONFERENCE by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc.. (Reynolds, William)
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NOTICE of Hearing: An In Person Discovery Conference set for 7/18/2023 11:00 AM in Albany before Magistrate Judge Daniel J. Stewart. The conference will be held, IN PERSON, at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Conference Room No. 409, Albany, NY. (gmd)
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Text Minute Entry for a In Person Discovery Conference held on 6/29/2023 before Magistrate Judge Daniel J. Stewart. Counsel advises the court on the status of Twin Bridges sale and the disputes surrounding those circumstances. Court reviews with counsel the disputes in the Dkt. 80 Letter Request. Court directs parties to further narrow issues and review again. Court and counsel review issues surrounding Dkt. # 58. Counsel advises where they are in production of documents. Privilege log disputes will be discussed further at the next conference. Court and counsel set scheduling expectations for production and communication before the next conference. 11:11 AM Court goes off the record. A follow up Discovery Conference is set for July 18th at 11:00 AM, in person. Appearances: Donald W. Boyajian, Esq., James R. Peluso, Jr., Esq., and Lauren S. Owens, Esq., for plaintiff(s); William E. Reynolds, Esq., and Kelly A. Sprague, Esq., for defendant(s). [Court Reporter: Lisa Tennyson]. Time: 10:00 AM - 11:15 AM. (gmd)
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Filing 80
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting Assistance with discovery issues at the June 29th status conference submitted to Judge Stewart . (Attachments: #1 Exhibit(s) A (Casella press release), #2 Exhibit(s) B (Email chain regarding ESI Initial Agreement), #3 Exhibit(s) C (State case so-ordered joint letter submitted April 24), #4 Exhibit(s) D (Email chain regarding ESI issues), #5 Exhibit(s) E (Defendants' June 15 letter), #6 Exhibit(s) F (Albany Business Review article regarding Casella transaction), #7 Certificate of Service)(Reynolds, William)
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Filing 79
TEXT ORDER DENYING APPEAL OF MAGISTRATE JUDGE DECISION: Pursuant to the Order of the Hon. David N. Hurd, USDJ. Defendants have appealed from certain parts of U.S. Magistrate Judge Daniel J. Stewart's April 13, 2023 Discovery Order. Dkt. No. #71 . Plaintiff has opposed. Dkt. No. #75 . Defendants sought, Dkt. No. #76 , and were granted, Dkt. No. 77, permission to file a reply, Dkt. No. #78 . Upon review of this briefing in light of the governing law, and after consideration of the transcript of the discovery conference, Dkt. No. #69 , that led to the Discovery Order now challenged, Dkt. No. #70 , defendants' motion is DENIED. Judge Stewart's Discovery Order is AFFIRMED. So Ordered by Judge David N. Hurd on 6/14/2023. (ptm)
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Filing 78
Appellant's REPLY BRIEF by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Attachments: #1 Exhibit(s) Exhibit B to Appellants Reply Brief, #2 Certificate of Service)(Reynolds, William)
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Filing 77
TEXT ORDER granting #76 Letter Motion requesting Permission to File Proposed Reply Brief in Support of Appeal. So Ordered by Judge David N. Hurd on 5/26/2023. (see)
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Filing 76
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting Permission to File Proposed Reply Brief in Support of Appeal (Dkt. No. 71) from parts of the Magistrate Judge's April 13, 2023 Discovery Order submitted to Judge David N. Hurd . (Attachments: #1 Exhibit(s) Proposed Reply Brief, #2 Exhibit(s) B to Proposed Reply Brief (Twin Bridges' April 27, 2023 State Court Memorandum of Law), #3 Certficate of Service)(Reynolds, William)
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Filing 75
Response by Twin Bridges Waste and Recycling, LLC to #71 Appeal of Magistrate Judge Decision to District Court,, (Peluso, James)
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Filing 74
TEXT ORDER: At the request of the parties, a discovery conference was held concerning the progress of the case, including the production of e-discovery. For good cause shown, the deadline to complete fact discovery in this case is hereby extended until October 2, 2023. Expert disclosure will follow fact discovery, and the expert deadlines are extended as follows: Plaintiff and Defendants expert disclosures will be provided by November 2, 2023, rebuttal experts shall be due by December 4, 2023, and expert discovery shall be completed by January 5, 2024. Dispositive motions, if any, are to be filed by March 1, 2024. The parties have indicated a continued interest to mediate the case with Judge Treece, and the deadline for that mediation is extended until October 2, 2023. Finally, another in-person discovery conference is set for June 29, 2023, at 10:00 am. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/2/2023. (gmd)
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Text Minute Entry for a Status Conference re Discovery held on 5/2/2023 before Magistrate Judge Daniel J. Stewart. Counsel and court discuss issues and status of case. Counsel requests an additional extension of time of 150 days for fact discovery deadlines, which the court grants. Counsel advises that Randolph F. Treece had been selected as a mediator but that negotiations were pending further discovery. Mediation deadline is extended for an additional five months till the end of fact discovery. Counsel will continue to work through issues themselves but can contact the court if an issue arise that cannot be resolved before the next status conference set for 6/29/2023 at 10:00 AM. Text Order to follow. Appearances: James R. Peluso, Jr., Esq., for plaintiff; William E. Reynolds, Esq., and Kelly A. Sprague, Esq., for defendant. Time: 9:55 AM 10:16 AM. (gmd)
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Filing 73
NOTICE OF APPEARANCE by Kelly A. Sprague on behalf of County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. (Sprague, Kelly)
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Filing 72
TEXT NOTICE of Hearing on #71 APPEAL OF MAGISTRATE JUDGE DECISION by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. re #70 Discovery Order Appeal from two parts of April 13 discovery order: Response to Motion remains due by 5/18/2023. No reply permitted per Local Rule 72.1(b) and 7.1(a)(2). (rjm)
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Filing 71
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. re #70 Order on Letter Request,,,,,,, Appeal from two parts of April 13 discovery order Motion returnable before Judge David N. Hurd. Response to Motion due by 5/18/2023. Reply to Response to Motion due by 5/25/2023 (Attachments: #1 Appellant's Appellate Brief, #2 Exhibit(s) A to Appeal Brief (Reference Copy of December 18, 2019 Albany Business Review article cited to Magistrate Judge), #3 Record on Appeal, #4 Certificate of Service)(Reynolds, William)
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Filing 70
DISCOVERY ORDER re #58 Letter Motion to Compel further discovery responses #59 Letter Motion to Compel further discovery responses. ODERED that Defendant' Letter-Motion to Compel further discovery responses (Dkt. No. #58 ) is GRANTED IN PART and DENIED IN PART as set forth in Order and it is further ORDERED that Plaintiff's Letter-Motion to compel further discovery responses (Dkt. No. #59 ) is GRANTED IN PART and DENIED IN PART as set forth in Order; and it is further ORDERED that an in-person discovery conference is set for May 2, 2023, at 10:00 am, at the James T. Foley United States Courthouse in Albany, New York. IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 4/13/2023. (egr)
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Filing 69
TRANSCRIPT of Proceedings: Digitally Recorded Discovery Conference held on 03/22/2023 before Judge Daniel J. Stewart, Court Reporter/Transcriber: Lisa M. Mazzei, Telephone number: (315) 266-1176. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/11/2023. Notice of Intent to Redact due by 4/17/2023 (Mazzei, Lisa)
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Filing 68
LETTER BRIEF submitted to Magistrate Stewart pursuant to March 22, 2023 text order by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 67
LETTER BRIEF submitted to Magistrate Judge Stewart pursuant to March 22 text order to supplement discussion at March 22 discovery conference by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Reynolds, William)
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Filing 66
TRANSCRIPT REQUEST by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. for proceedings held on 03/22/2023 before Judge Hon. Daniel Stewart.. (Reynolds, William)
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Text Minute Entry for a Discovery Conference held on 3/22/2023 before Magistrate Judge Daniel J. Stewart. Court and counsel review issues. Court makes some rulings and reserves decision on others. A Text Order or Order to follow. Counselors have a week to file any additional information for the court to consider. A follow up in person conference is set for May 2nd, 2023, at 10AM. Appearances: James R. Peluso, Jr., Esq., and Donald W. Boyajian, Esq., for plaintiff(s); William E. Reynolds, Esq., and Kelly Sprague, Esq., for defendant(s). Time: 10:00 AM 11:05 AM. (gmd)
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Filing 65
TEXT ORDER re 64 Order, The Telephonic Status Conference set for 3/7/2023 at 10:00AM is RESET for an IN PERSON Status Conference on 3/22/2023 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. So Ordered by Magistrate Judge Daniel J. Stewart on 2/27/2023. (gmd)
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Filing 64
TEXT ORDER: A telephonic Status Conference is set for 3/7/2023 10:00 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 518-217-2288, and enter ID code 854 059 415 to connect to the conference. So Ordered by Magistrate Judge Daniel J. Stewart on 2/22/2023. (gmd)
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Filing 63
RESPONSE in Opposition re #58 Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting Order Compelling Disclosure Pursuant to Rule 37(a) and the Court's Text Order of Janua filed by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 62
LETTER BRIEF Submitted Pursuant to the Court's February 1 Text Order in Opposition to Plaintiff's January 27 Letter-Motion to Compel by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Attachments: #1 Exhibit(s) 1 (News Articles from Website), #2 Declaration of Christopher Morrill, #3 Certificate of Service)(Reynolds, William)
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Filing 61
TEXT ORDER granting #60 Letter Request, requesting All Parties Jointly Seeking Deadline of February 10, 2023 for Submissions in Response to #58 #59 : Responses to #58 #59 Letter Motions due by 2/10/2023. Signed by Magistrate Judge Daniel J. Stewart on 2/1/2023. (gmd)
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Filing 60
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting All Parties Jointly Seeking Deadline of February 10, 2023 for Submissions in Response to Motions to Compel (Dkt. Nos. 58 and 59) submitted to Judge Stewart . (Reynolds, William)
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Filing 59
Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC requesting Order compelling responses to Plaintiff's Request for Documents submitted to Judge Daniel J. Stewart . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Peluso, James)
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Filing 58
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting Order Compelling Disclosure Pursuant to Rule 37(a) and the Court's Text Order of January 4 submitted to Judge Stewart . (Attachments: #1 Exhibit(s) A (Twin Bridges' July 8, 2022 Discovery Responses), #2 Exhibit(s) B (Defendants' November 8, 2022 Discovery Letter), #3 Exhibit(s) C (Defendants' November 30, 2022 Discovery Email), #4 Affirmation Certificate of Service)(Reynolds, William)
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Set Deadlines: Discovery due by 4/28/2023. Dispositive motions to be filed by 9/15/2023. (mab)
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Filing 57
TRANSCRIPT of Proceedings: Telephone Conference held on 12/20/2022 before Judge Daniel J. Stewart, Court Reporter: Jacqueline Stroffolino, Telephone number: 518-257-1894. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2023. Redacted Transcript Deadline set for 2/3/2023. Release of Transcript Restriction set for 4/3/2023. Notice of Intent to Redact due by 1/9/2023 (jxs, ) Modified on 1/3/2023 (jxs, ).
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Filing 56
TRANSCRIPT REQUEST by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. for proceedings held on December 20, 2022 before Judge Hon. Daniel J. Stewart.. (Reynolds, William)
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Filing 55
TEXT ORDER granting the parties joint #54 Letter Request seeking a conference to address the current deadlines in this matter. Counsel are directed to appear for a Telephone Conference on December 20, 2022 at 2:30 PM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/16/2022. (mab)
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Filing 54
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. requesting Status Conference regarding case schedule submitted to Judge Stewart on behalf of all parties in the case. (Reynolds, William)
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Filing 53
ORDER: The #52 Notice of Withdrawal of Defendants' #50 Appeal of the Magistrate Judge's Decision and Order on October 6, 2022 is SO ORDERED. Signed by U.S. District Judge David N. Hurd on 12/1/2022. (map)
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Filing 52
NOTICE by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. re #50 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. re #49 Order, October 6, 2022 Decision and Order Motion returnable before Judge Hurd WITHDRAWING APPEAL (Reynolds, William)
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Filing 51
Response by Twin Bridges Waste and Recycling, LLC to #50 Appeal of Magistrate Judge Decision to District Court, (Peluso, James)
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Filing 50
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc. re #49 Order, October 6, 2022 Decision and Order Motion returnable before Judge Hurd. Response to Motion due by 11/10/2022. Reply to Response to Motion due by 11/17/2022 (Attachments: #1 Memorandum of Law, #2 Record on Appeal, #3 Certificate of Service)(Reynolds, William)
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Filing 49
DECISION AND ORDER: WHEREFORE, it is hereby ORDERED, that Defendants' Letter-Motion to Compel production of the Plaintiff's complete client lists, Dkt. Nos. #41 & #47 , is DENIED as set forth within; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties. IT IS SO ORDERED. Signed by U.S. Magistrate Judge Daniel J. Stewart on 10/6/2022. (map)
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Filing 48
LETTER BRIEF in response to the Court's Text Order dated August 22, 2022 by Twin Bridges Waste and Recycling, LLC. (Attachments: #1 Exhibit(s) A-D)(Peluso, James)
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Filing 47
MEMORANDUM OF LAW re 46 Order on Letter Request,,,,,, Defendants' Supplemental Memorandum Regarding Discovery of Customer Names filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc.. (Attachments: #1 Exhibit(s) Declaration of Deborah Healy, #2 Certificate of Service)(Reynolds, William)
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Filing 46
TEXT ORDER. An on-the-record telephone conference was held with counsel regarding certain outstanding discovery issues. Among other things, Defendant County Waste requests a list of the names of Twin Bridges' customers. Defendant maintains that this particular information is necessary for its defense case, and as part of its experts analysis, in particular to show what customers switched from one side to the other. Plaintiff Twin Bridges opposes the request upon the grounds that their customer names constitute a trade secret, but indicates that it would be willing to provide its customer service addresses and monthly charges for the accounts, as well as the account characteristics, i.e. a residential or commercial account. County Waste argues that this is insufficient, and notes that there is a Protective Order in place to protect the disclosure of any of the requested information. After hearing oral argument, the parties are directed to provide the Court with any additional written information that they would like the Court to consider in deciding this issue. That would include information from the respective experts concerning the need for this particularized identifying information; a sample spread sheet of the information Twin Bridges plans on providing; and any legal authority for the proposition that the disclosure of names of customers is, or is not, proportionally relevant to the needs of this predatory pricing case. Those submissions shall be due by August 31, 2022. No formal motion is necessary. Signed by Magistrate Judge Daniel J. Stewart on 8/22/2022. (Stewart, Daniel)
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SET DEADLINES: Discovery due by 12/29/2022. Plaintiff's Expert Disclosure Deadline is 1/30/2023. Defendants' Expert Disclosure Deadline is 1/30/2023. Rebuttal Expert Disclosure Deadline is 3/1/2023. All expert discovery to be completed by 3/31/2023. Motions to be filed by 5/12/2023. Deadline for completion of Mandatory Mediation is 12/29/2022. (mab)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 8/18/2022. Appearances: James Peluso, Esq. and Donald Boyajian, Esq. for Plaintiff; William Reynolds, Esq. and Gordon Lang, Esq. for Defendants. The Court held a conference to address outstanding discovery in this matter. After hearing from all counsel, the Court directs counsel to provide the Court with any additional information for consideration by 8/31/2022. Defendants request a 90-day extension of the deadlines in this matter. Plaintiff joins in the request. After hearing from counsel as to the status of discovery, the Court finds an extension to be appropriate and grants the request. Deadlines extended by 90 days. (TIME: 9:03AM-9:39AM). (Court Reporter: Jacqueline Stroffolino) (mab)
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Filing 45
Plaintiff's response to defendants' Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC submitted to Judge Daniel J. Stewart . (Peluso, James)
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Filing 44
TEXT ORDER: Upon the request of counsel to Chambers, the Discovery Telephone Conference in this matter is RESCHEDULED for August 18, 2022 at 9:00 AM before the undersigned. Counsel are directed to use the instructions to connect to the conference call previously issued. The deadline for Plaintiff to file a response to Defendants' submission remains set for August 16, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/11/2022. (mab)
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Filing 43
AMENDED TEXT ORDER: On August 8, 2022, Defendants filed a Letter Request seeking a conference to address a discovery dispute that has arisen in this matter. The request is GRANTED and a Discovery Telephone Conference is set for August 19, 2022 at 3:00 PM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Plaintiff is directed to file a response to Defendants' submission by August 16, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/11/2022. (mab)
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Filing 42
TEXT ORDER: On August 8, 2022, Defendants filed a Letter Request seeking a conference to address a discovery dispute that has arisen in this matter. The request is GRANTED and a Discovery Telephone Conference is set for August 19, 2022 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Plaintiff is directed to file a response to Defendants' submission by August 16, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/11/2022. (mab)
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Filing 41
Defendants' Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc. requesting Discovery Conference Pursuant to Local Rule 37.1 submitted to Judge Stewart . (Attachments: #1 Exhibit(s) A (Plaintiff's Responses to Interrogatories and Document Requests), #2 Declaration (Certificate of Service))(Reynolds, William)
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Filing 40
TEXT ORDER: The Court is in receipt of the Status Report filed on June 24, 2022. Dkt. No. #39 . Counsel are directed to further advise as to the status of this matter by August 26, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/27/2022. (mab)
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Filing 39
STATUS REPORT (Joint) pursuant to the scheduling order by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 38
STIPULATION and ORDER for the Production and Exchange of Confidential Information. Signed by Magistrate Judge Daniel J. Stewart on 5/17/2022. (mab)
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Filing 37
Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC requesting the Court review and approve the proposed Stipulation and Order submitted to Judge Daniel J. Stewart . (Attachments: #1 Proposed Stipulation and Order)(Peluso, James)
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Filing 36
TEXT ORDER: The Court is in receipt of the Status Report filed on March 17, 2022. Dkt. No. #35 . Counsel are directed to further advise as to the status of this matter by June 24, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/21/2022. (mab)
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Filing 35
STATUS REPORT (Joint) pursuant to the scheduling order by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 34
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Randolph F. Treece has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: James R. Peluso and William E. Reynolds. Dated: January 20, 2022(Peluso, James)
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Filing 33
ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 9/30/2022. The deadline for the parties file a Stipulation selecting a Mediator is 1/18/2022. Signed by Magistrate Judge Daniel J. Stewart on 12/21/2021. (mab)
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Filing 32
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/14/2022. Amended Pleadings due by 1/14/2022. Fact Discovery due by 9/30/2022. Plaintiff's Expert Disclosure Deadline is 10/31/2022. Defendants' Expert Disclosure Deadline is 10/31/2022. Rebuttal Expert Disclosure Deadline is 11/30/2022. All expert discovery to be completed by 12/30/2022. Motions to be filed by 2/10/2023. Status Report due by 3/17/2022. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 9/30/2022. Signed by Magistrate Judge Daniel J. Stewart on 12/21/2021. (mab)
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Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 12/17/2021. Appearances: Donald Boyajian, Esq., James Peluso, Esq. and John Dowd, Esq. for Plaintiff; William Reynolds, Esq. and Gordon Lang, Esq. for Defendants. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. Mandatory Mediation is discussed. Mandatory Disclosures have been exchanged. Deadlines set. Court directs Status Report to be filed by 3/17/2022 and every 90 days thereafter. Scheduling Order to be issued. (TIME: 9:32AM-9:44AM). (mab)
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Filing 31
CIVIL CASE MANAGEMENT PLAN Jointly Submitted by All Parties by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections, Inc.. (Attachments: #1 Certificate of Service)(Reynolds, William)
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Filing 30
TEXT ORDER: The Rule 16 Initial Conference in this matter is set for December 17, 2021 at 9:30 AM before the undersigned and will be held by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are directed to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures by December 10, 2021. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/15/2021. (mab)
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Filing 29
ANSWER to #21 Amended Complaint by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc.. (Attachments: #1 Certificate of Service)(Reynolds, William)
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***Answer due date terminated for Waste Connections, Inc. (map)
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***Amended complaint answer due date updated for County Waste and Recycling Service, Inc. answer due 9/28/2021; Robert Wright Disposal, Inc. answer due 9/28/2021; Waste Connections, Inc. answer due 9/28/2021. (map)
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Filing 28
MEMORANDUM-DECISION & ORDER: Defendants #22 Motion to Dismiss under Rule 12(b)(2) and 12(b)(6) is GRANTED in part and DENIED in part; Count III for attempt to monopolize for a refusal of access to disposal facilities is DISMISSED; Defendant Waste Connections U.S., Inc. (WCUSI) is DISMISSED; Plaintiff Twin Bridges Waste and Recycling, LLC's claims under Counts: (I) attempt to monopolize through predatory pricing; and (II) attempt to monopolize through anticompetitive conduct remain against defendants County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., and Waste Connections, Inc.; and The remaining defendants are directed to answer Counts I and II of plaintiff Twin Bridges Waste and Recycling, LLC's amended complaint no later than Tuesday, September 28, 2021. IT IS SO ORDERED. Signed by District Judge David N. Hurd on 9/14/2021. (map)
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Filing 27
NOTICE by Twin Bridges Waste and Recycling, LLC re #18 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction over Waste Connections US, Inc. and Waste Connections, Inc. filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections Joint Notice of Decision and Order in Related State Court Action (Attachments: #1 State of New York, Supreme Court Decision & Order)(Peluso, James)
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Filing 26
REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction over Waste Connections US, Inc. and Waste Connections, Inc. filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc.. (Attachments: #1 Certificate of Service)(Reynolds, William)
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Filing 25
RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction over Waste Connections US, Inc. and Waste Connections, Inc. filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections Memorandum of Law filed by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 24
TEXT ORDER granting #23 Letter Requesting leave to file up to a 30-page brief in opposition to the pending motion and for the Defendants to file up to a 15-page reply brief. So Ordered by Judge David N. Hurd on 7/8/2021. (see)
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Filing 23
Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC requesting leave to file up to a 30-page brief in opposition to the pending motion and for the Defendants to file up to a 15-page reply brief submitted to Judge David N. Hurd . (Peluso, James)
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Filing 22
MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction over Waste Connections US, Inc. and Waste Connections, Inc. filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc.. Motion returnable before Judge Hurd Response to Motion due by 7/9/2021. Reply to Response to Motion due by 7/16/2021 (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss the Amended Complaint, #2 Declaration of Domenico D. Pio Executed June 17, 2021, #3 Declaration Certificate of Service) (Reynolds, William)
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TEXT NOTICE: The Rule 16 Initial Conference set for June 7, 2021 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED with out date at this time. (mab)
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Filing 21
AMENDED COMPLAINT against All Defendants filed by Twin Bridges Waste and Recycling, LLC.(Peluso, James)
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Filing 20
ORDER approving the #19 Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC Requesting Briefing Schedule. Plaintiff shall file its amended complaint no later than May 28. 2021; Defendants shall answer or move with respect to the amended complaint no later than June 18, 2021; Plaintiff shall file its opposition to any motion to dismiss no later than July 9, 2021; Defendants shall file their reply in support of any motion to dismiss no later than July 23, 2021. : (Amended Pleadings due by 5/28/2021), (Response to Motion due by 7/9/2021, Reply to Response to Motion due by 7/23/2021). Signed by District Judge David N. Hurd on 5/24/2021. (map)
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Filing 19
Joint Letter Motion from James R. Peluso for Twin Bridges Waste and Recycling, LLC Requesting Briefing Schedule. (Peluso, James)
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Filing 18
MOTION to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction over Waste Connections US, Inc. and Waste Connections, Inc. filed by County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc.. Motion returnable before Judge Hurd Response to Motion due by 5/28/2021. Reply to Response to Motion due by 6/4/2021 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of Domenico D. Pio, #3 Declaration Certificate of Service) (Reynolds, William)
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Filing 17
TEXT ORDER granting Defendants' #15 Letter Request seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. All Defendants shall file a response on or before May 7, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/21/2021. (mab)
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Filing 16
WAIVER OF SERVICE Returned Executed by Twin Bridges Waste and Recycling, LLC. Waste Connections, Inc. waiver sent on 3/15/2021, answer due 6/14/2021. (Peluso, James)
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Filing 15
Assented-to Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc. requesting approval of agreement by all parties to set May 7 deadline for all four defendants to answer or move in response to the Complaint submitted to Judge Stewart . (Reynolds, William)
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Filing 14
Summons Re-Issued as to Waste Connections, Inc. by request of Plaintiff's Counsel due to an error in original summons address. (map)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS(ES): Twin Bridges Waste and Recycling, LLC is requesting summons(es) be issued as to (Owens, Lauren)
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Filing 12
TEXT ORDER granting Defendants' #7 Letter Request seeking an extension of time to file an Answer or otherwise respond to the Complaint in this matter. Defendants, County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc. and Waste Connections US, Inc., shall file a response on or before April 23, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/26/2021. (mab)
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Filing 11
NOTICE of Appearance by Gordon L. Lang on behalf of County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc. (Lang, Gordon)
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Filing 10
NOTICE of Appearance by Erin Huntington on behalf of County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc. (Huntington, Erin)
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Filing 9
NOTICE of Appearance by Andrew C. Rose on behalf of County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc. (Rose, Andrew)
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Filing 8
NOTICE of Appearance by William E. Reynolds on behalf of County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc. (Reynolds, William)
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Filing 7
Letter Motion from William E. Reynolds for County Waste and Recycling Service, Inc. requesting Approval of Stipulated Extension of Time to April 23, 2021 for County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., and Waste Connections US, Inc. to Answer or Move in Response to the Complaint submitted to Judge Daniel J. Stewart . (Reynolds, William)
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***Answer due date updated for County Waste and Recycling Service, Inc. answer due 4/2/2021; Robert Wright Disposal, Inc. answer due 4/2/2021; Waste Connections US, Inc. answer due 4/2/2021. (khr)
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Filing 6
AFFIDAVIT of Service for Complaint served on Waste Connections US, Inc. on March 12, 2021, filed by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 5
AFFIDAVIT of Service for Complaint served on Robert Wright Disposal, Inc. on March 12, 2021, filed by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 4
AFFIDAVIT of Service for Complaint served on County Waste and Recycling Service, Inc. on March 12, 2021, filed by Twin Bridges Waste and Recycling, LLC. (Peluso, James)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 In-Person Conference set for 6/7/2021 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/1/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
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Filing 2
Summons Issued as to County Waste and Recycling Service, Inc.; Robert Wright Disposal, Inc.; Waste Connections US, Inc.; Waste Connections, Inc.. (Attachments: #1 Summons Issued for Robert Wright Disposal, Inc., #2 Summons Issued for Waste Connections US, Inc., #3 Summons Issued for Waste Connections, Inc.)(map)
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Filing 1
COMPLAINT WITH JURY DEMAND against County Waste and Recycling Service, Inc., Robert Wright Disposal, Inc., Waste Connections US, Inc., Waste Connections, Inc. (Filing fee $402 receipt number ANYNDC-5450661) filed by Twin Bridges Waste and Recycling, LLC. (Attachments: #1 Civil Cover Sheet)(map)
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