Cipriani Construction Corp. v. GRN Electric and Solar Inc. et al
| Cipriani Construction Corp. |
| GRN Electric and Solar Inc. and Kirk Ferrier |
| 1:2023cv00771 |
| June 26, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Contract: Other |
| 41 U.S.C. § 6503 Walsh-Healy Act - Breach of Public Contract |
| None |
Docket Report
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Filing 21
TEXT ORDER granting #20 Letter Request: The Rule 16 conference set for 8/29/2023 and the 8/22/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after an Answer has been filed. So Ordered by Magistrate Judge Daniel J. Stewart on 8/23/2023.(gmd)
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Filing 20
Letter Motion from James J. Zawodzinski, Jr., Esq. for Cipriani Construction Corp. requesting Request for Adjournment of Rule 16 Conference and Extension of Time to file a Civil Case Management Plan and exchange Mandatory Disclosures submitted to Judge Magistrate Judge Daniel J. Stewart . (Zawodzinski, James)
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Filing 19
AFFIDAVIT of Service for Summons and Complaint served on GRN Electric and Solar Inc. on August 14, 2023, filed by Cipriani Construction Corp.. (Zawodzinski, James)
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Filing 18
AFFIDAVIT of Service for Summons and Complaint served on Kirk Ferrier on August 14, 2023, filed by Cipriani Construction Corp.. (Zawodzinski, James)
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***Answer due date for #14 Amended Complaint updated for Kirk Ferrier answer due 9/5/2023; GRN Electric and Solar Inc. answer due 9/5/2023. (ztc)
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Filing 17
Summons Issued as to GRN Electric and Solar Inc. (Attachments: #1 Summons issued as to Kirk Ferrier)(ztc)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS(ES): Cipriani Construction Corp. is requesting summons(es) be issued as to Kirk Ferrier re: #14 Amended Complaint,,,. (Zawodzinski, James)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS(ES): Cipriani Construction Corp. is requesting summons(es) be issued as to GRN Electric and Solar Inc. re: #14 Amended Complaint,,,. (Zawodzinski, James)
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Filing 14
AMENDED COMPLAINT against Kirk Ferrier, GRN Electric and Solar Inc. filed by Cipriani Construction Corp.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E - 1 of 2, #6 Exhibit(s) E - 2 of 2, #7 Exhibit(s) F - 1 of 3, #8 Exhibit(s) F - 2 of 3, #9 Exhibit(s) F - 3 of 3, #10 Exhibit(s) G - 1 of 2, #11 Exhibit(s) G - 2 of 2, #12 Exhibit(s) H, #13 Exhibit(s) I, #14 Exhibit(s) J, #15 Exhibit(s) K, #16 Exhibit(s) L, #17 Exhibit(s) M - 1 of 5, #18 Exhibit(s) M - 2 of 5, #19 Exhibit(s) M - 3 of 5, #20 Exhibit(s) M - 4 of 5, #21 Exhibit(s) M - 5 of 5, #22 Exhibit(s) N, #23 Exhibit(s) O, #24 Exhibit(s) P)(Zawodzinski, James)
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Filing 13
G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 8/29/2023 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 8/22/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copy sent to Attorney Zawodzinski by email} (jmb)
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Filing 12
NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiff; Attorney James Zawodzinski, Jr, Email address is jzawodzi@hodgsonruss.com. Phone number is 716-848-1595. Admissions due by 7/10/2023. {Copy served upon Attorney Zawodzinski by email} (jmb)
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Filing 11
Case transferred in from District of New York Southern; Case Number 7:23-cv-05132. electronically transferred when case opened
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Cipriani Construction Corp. ENDORSEMENT For the reasons set forth in the Court's June 21, 2023 Order to Show Cause (Doc. 5) and plaintiff's response thereto (Doc. 9), the Clerk of Court is respectfully directed to transfer this action to the United States District Court, Northern District of New York, without delay, and administratively close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/26/2023) (jca) [Transferred from New York Southern on 6/26/2023.]
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Filing 9
LETTER addressed to Judge Philip M. Halpern from James J. Zawodzinski, Jr. dated 6/26/2023 re: Response to Order to Show Cause (Dkt. No. 5). Document filed by Cipriani Construction Corp...(Zawodzinski, James) [Transferred from New York Southern on 6/26/2023.]
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Kirk Ferrier..(pc) [Transferred from New York Southern on 6/26/2023.]
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Filing 7
ELECTRONIC SUMMONS ISSUED as to GRN Electric and Solar Inc...(pc) [Transferred from New York Southern on 6/26/2023.]
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Filing 6
CIVIL COVER SHEET filed..(Zawodzinski, James) [Transferred from New York Southern on 6/26/2023.]
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Filing 5
ORDER TO SHOW CAUSE Accordingly, it is hereby ORDERED that Plaintiffs show cause in writing on or before June 28, 2023, why this action should not be transferred to the Northern District of New York. SO ORDERED. (Signed by Judge Philip M. Halpern on 6/21/2023) (jca) [Transferred from New York Southern on 6/26/2023.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 6/26/2023.]
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Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 6/26/2023.]
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Case Designated ECF. (pc) [Transferred from New York Southern on 6/26/2023.]
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Zawodzinski, Jr. The following case opening statistical information was erroneously selected/entered: Dollar Demand blank; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,284,000; the Fee Status code has been modified to pd (paid);. (pc)[Transferred from New York Southern on 6/26/2023.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James Zawodzinski, Jr to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one for the first listed defendant;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) [Transferred from New York Southern on 6/26/2023.]
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Kirk Ferrier, re: #1 Complaint,,. Document filed by Cipriani Construction Corp...(Zawodzinski, James) [Transferred from New York Southern on 6/26/2023.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to GRN Electric and Solar Inc., re: #1 Complaint,,. Document filed by Cipriani Construction Corp...(Zawodzinski, James) [Transferred from New York Southern on 6/26/2023.]
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Zawodzinski, James) Modified on 6/21/2023 (pc). [Transferred from New York Southern on 6/26/2023.]
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Filing 1
COMPLAINT against Kirk Ferrier, GRN Electric and Solar Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27890829)Document filed by Cipriani Construction Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - 1 of 2, #6 Exhibit E - 2 of 2, #7 Exhibit F - 1 of 3, #8 Exhibit F - 2 of 3, #9 Exhibit F - 3 of 3, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M - 1 of 5, #17 Exhibit M - 2 of 5, #18 Exhibit M - 3 of 5, #19 Exhibit M - 4 of 5, #20 Exhibit M - 5 of 5, #21 Exhibit N, #22 Exhibit O, #23 Exhibit P).(Zawodzinski, James) [Transferred from New York Southern on 6/26/2023.]
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney James Zawodzinski, Jr. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from New York Southern on 6/26/2023.]
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***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney James Zawodzinski, Jr to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/26/2023. (pc) [Transferred from New York Southern on 6/26/2023.]
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