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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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) |
| 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) |
| 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) |
| ***Answer due date terminated for Waste Connections, Inc. (map) |
| ***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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| ***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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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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