Dynamic Energy Solutions, LLC v. Pinney et al
Defendant: Distributed Sun, LLC and Sun8 PDC LLC
Counter Claimant: Scott Pinney
Counter Defendant: Dynamic Energy Solutions, LLC
Not Classified By Court: David R Homer
3Rd Party Defendant: Ron Szymanski
Case Number: 3:2018cv00884
Filed: July 27, 2018
Court: US District Court for the Northern District of New York
Office: Binghamton Office
County: Tompkins
Presiding Judge: Thomas J McAvoy
Referring Judge: David E Peebles
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2019 Opinion or Order Filing 66 REQUEST AND ORDER DISMISSING CASE. Signed by Senior Judge Thomas J. McAvoy on 6/25/2019. (Copy served upon Deft Szymanski via regular mail)(amt)
June 24, 2019 Opinion or Order Filing 65 STIPULATION of Dismissal Third Party Complaint under 41(a)(2) by Scott Pinney submitted to Judge McAvoy. (Smith, Thomas)
June 24, 2019 Opinion or Order Filing 64 STIPULATION AND ORDER of Dismissal as to Dynamic Energy Solutions, LLC and Scott Pinney terminated. The Third Party Complaint will be addressed separately. Signed by Senior Judge Thomas J. McAvoy on 6/24/2019. (Copy served upon Pro Se 3rd Party Deft via regular mail)(amt)
June 24, 2019 Opinion or Order Filing 63 STIPULATION of Dismissal by Distributed Sun, LLC, Scott Pinney, Sun8 PDC LLC submitted to Judge McAvoy. (Smith, Thomas)
June 18, 2019 Opinion or Order Filing 62 STIPULATION of Dismissal under 41(a)(2) by Distributed Sun, LLC, Scott Pinney, Sun8 PDC LLC submitted to Judge McAvoy. (Smith, Thomas)
June 13, 2019 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/13/2019. Parties have resolved the action and are working on terms for the stipulation of dismissal. A stipulation of dismissal will be filed by next week. APP: Brendan Sheehan, Esq., Brian Butler, Esq., Thomas Smith, Esq., James Youngs, Esq., Michael Marrero, Esq., and Ron Szymanski, Esq.. (Served Ron Szymanski by regular mail). (sal )
June 4, 2019 Opinion or Order Set Hearings: A Telephone Conference is set for 6/13/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (Served pro se third party defendant by regular mail). (sal )
May 13, 2019 Opinion or Order ADR COMPLETED - Case did not settle. Mediator David R. Homer terminated. (nmk)
May 9, 2019 Opinion or Order Filing 61 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on April 23, 2019. Total Hours Spent by Mediator: 10.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Homer, David)
May 8, 2019 Opinion or Order Filing 60 DECISION & ORDER that defts Distributed Sun LLC and Sun8 PDC LLC's #20 Motion to Dismiss is hereby GRANTED with prejudice. Those defts are DISMISSED from the case. Pltf Dynamic Energy Solutions, LLC's #33 Motion to Dismiss deft Scott Pinney's counterclaim is hereby GRANTED with prejudice. The case shall proceed on Dynamic's breach-of-contract claim against Pinney. Signed by Senior Judge Thomas J. McAvoy on 5/8/2019. (Copy served upon Ron Szymanski via regular mail on 5/8/2019)(see)
May 6, 2019 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/6/2019. Mandatory mediation was completed on 4/23/2019, however, the mediator has not filed a report with the court since the parties are still negotiating settlement. Magistrate Judge Peebles will monitor the case. If the case is not resolved within the next couple of weeks, then a status conference will be set by the court. APP: Brendan Sheehan, Esq., Brian Butler, Esq., Thomas Smith, Esq., James Youngs, Esq., and Ron Szymanski, pro se. (Served pro se third party defendant by regular mail). (sal )
April 2, 2019 Opinion or Order Filing 59 ORDER Approving #58 Confidentiality Stipulation subject to the following qualifications: 1) Paragraph 16 of the stipulation shall not be construed to require the court to return any confidential materials filed in the action upon its completion. Signed by Magistrate Judge David E. Peebles on 4/2/2019. (sal )
April 2, 2019 Opinion or Order Served Order filed on 4/2/2019 upon third-party defendant by regular mail. (sal )
March 29, 2019 Opinion or Order Filing 58 STIPULATION for Approval of Confidentiality Order filed by Dynamic Energy Solutions, LLC submitted to Judge Peebles. (Attachments: #1 Proposed Order/Judgment Confidentiality Stipulation and Order)(Butler, Brian) Modified on 3/29/2019 to reflect this is a confidentiality order. (sal ).
March 13, 2019 Opinion or Order Filing 57 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Hon. David R. Homer 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: Brian J. Butler, Thomas P. Smith, James P. Youngs and Ron Szymanski, Third Party Plaintiff, Pro Se. Dated: 03/12/2019 and 03/13/2019(Butler, Brian)
March 12, 2019 Opinion or Order Filing 56 TEXT ORDER: The deadline for completion of Mandatory Mediation is extended until 4/30/2019. Authorized by Magistrate Judge David E. Peebles on 3/12/2019. (Served defendant Szymanski by regular mail). (sal )
March 12, 2019 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/12/2019. All parties have served initial disclosures. Discovery demands have been provided. Defendant Szymanski has served responses to plaintiff's discovery demands. All other parties are working on providing responses to discovery demands by 3/26/2019. Parties have selected David Homer as a mediator and will file the stipulation selecting a mediator shortly. Parties anticipate conducting the mediation some time in April. Magistrate Judge Peebles extends the deadline for completion of mandatory mediation until 4/30/2019. Defendants' counsel may file a letter for permission to file a motion for a protective order, if necessary. Magistrate Judge Peebles encourages the parties to complete discovery that is appropriate and efficient to avoid unnecessary expense prior to mediation. Next telephone conference is set for 5/6/2019 at 3:00 PM. Attorney Smith is directed to initiate the call to Chambers. APP: Brendan Sheehan, Esq., Brian Butler, Esq., Thomas Smith, Esq., James Youngs, Esq., Michael Marrero, Esq., Ron Szymanski, pro se. (Served defendant Szymanski by regular mail). (sal )
March 12, 2019 Opinion or Order Set Hearings: A Telephone Conference is set for 5/6/2019 at 3:00 PM before Magistrate Judge David E. Peebles. Attorney Smith is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (Served defendant Szymanski by regular mail). (sal)
January 4, 2019 Opinion or Order Filing 55 TEXT ORDER : Defendants Distributed Sun, LLC and Sun8 PDC LLC have moved for a stay of discovery in this action. Dkt. No. #40 . Plaintiff opposes defendants motion. Oral argument was heard in connection with defendants' motion on January 3, 2019. During that hearing, the court rendered an oral decision denying defendants' motion and setting forth its reasoning for denying the motion. Based upon the parties' written and oral presentations and the court's bench decision, which is incorporated herein by reference, it is hereby ORDERED, that the motion filed by defendants Distributed Sun, LLC and Sun8 PDC LLC for a stay of discovery (Dkt. No #40 ) is hereby DENIED without prejudice. Authorized by Magistrate Judge David E. Peebles on 1/4/2019. (Copy served upon 3rd party defendant Szymanski via regular mail)(sal, )
January 4, 2019 Opinion or Order Filing 54 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 5 days. Preferred Trial Location: Syracuse. Joinder of Parties due by 3/31/2019. Amended Pleadings due by 3/31/2019. The deadline for completion of mandatory mediation is 3/31/2019. Completion of all Discovery due by 10/31/2019. Dispositive Motions to be filed by 12/13/2019. Signed by Magistrate Judge David E. Peebles on 1/4/2019. PLEASE SEE ADDENDUM REGARDING REQUESTS FOR EXTENSIONS OF TIME. (Attachments: #1 Addendum)(Copy served upon 3rd party defendant Szymanski via regular mail). (sal )
January 4, 2019 Opinion or Order Filing 53 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 2/1/2019. Deadline for completion of Mandatory Mediation is 3/31/2019. Signed by Magistrate Judge David E. Peebles on 1/4/2019. (Served 3rd party defendant Szymanski by regular mail). (sal )
January 4, 2019 Opinion or Order Set Hearings: A Telephone Conference is set for 3/12/2019 at 10:30 AM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (Served 3rd party defendant Szymanski by regular mail). (sal )
January 3, 2019 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: In Person Initial Pretrial Conference and Motion Hearing held on 1/3/2019 re #40 Letter Motion requesting an order staying discovery filed by Distributed Sun, LLC and Sun8 PDC LLC. After hearing oral argument from the parties, the #40 letter motion requesting to stay discovery is DENIED without prejudice. A Rule 16 Conference is held off the record with the parties. Mandatory disclosures will be served within ten days of today's date. Initial written demands will be served by 1/31/2019. A confidentiality order will be drafted and filed with the court. Joinder and amendment deadlines are set for 3/31/2019. The deadline for completion of mandatory mediation is 3/31/2019. Completion of all discovery is due by 10/31/2019. Dispositive motions must be filed by 12/13/2019. This will be a jury trial that is expected to last 5 days. Next telephone conference is set for 3/12/2019 at 10:30 AM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Brendan Sheehan, Esq., Brian Butler, Esq., Thomas Smith, Esq., James Youngs, Esq., Michael Marreo, Esq., and Ron Szymanski, pro se. (Court Reporter Hannah Cavanaugh). (Served 3rd party defendant Szymanski by regular mail). (sal) (sal) Modified typo on 1/4/2019 (sal ).
December 19, 2018 Opinion or Order TEXT NOTICE to parties advising that the pending #20 and #33 MOTIONS on Judge McAvoy's 12/28/18 Motion Calendar are on submit basis. Appearances are not required. [Served by mail.] (sfp, )
December 17, 2018 Opinion or Order Filing 52 CERTIFICATE OF SERVICE by Dynamic Energy Solutions, LLC re #51 Memorandum of Law Served on Ron Szymanski (Butler, Brian)
December 17, 2018 Opinion or Order Filing 51 MEMORANDUM OF LAW re #33 Motion to Dismiss,, Counterclaim of Defendant Scott Pinney filed by Dynamic Energy Solutions, LLC. (Butler, Brian)
December 14, 2018 Opinion or Order TEXT NOTICE of Hearing on #40 Letter Motion from James P. Youngs, Esq. for Distributed Sun, LLC, Sun8 PDC LLC requesting order staying discovery pending decision on motions to dismiss: A Motion Hearing is set for 1/3/2019 at 1:30 PM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (Served pro se party by regular mail). (sal )
December 13, 2018 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/13/2018. Magistrate Judge Peebles discusses the #40 request to stay discovery pending a decision on the motions to dismiss. Parties are unable to resolve this issue at this time. A motion hearing is scheduled for 1/3/2019 at 1:30 PM in Syracuse before Magistrate Judge Peebles. If the motion to stay is denied, the parties should be prepared to go forward with a Rule 16 Conference on 1/3/2019. APP: Jim Walden, Esq., Adam Cohen, Esq., Thomas Smith, Esq., James Youngs, Esq., Michael Marreo, Esq., and Ron Symanski, pro se. (Served pro se party by regular mail). (sal )
December 10, 2018 Opinion or Order Filing 50 TEXT ORDER : A Telephone Conference is set for 12/13/2018 at 4:30 PM before Magistrate Judge David E. Peebles to discuss the recent letters (Dkt. Nos. #40 , #42 ) filed with the court. Counsel for defendants SUN8 PDC, LLC and Distributed Sun, LLC is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide the court and all parties with a call-in number and passcode. CRD for Magistrate Judge Peebles left a voicemail for third-party defendant Ron Szymanski, using the telephone number provided on the court's docket sheet, advising him of this conference call date and time. Authorized by Magistrate Judge David E. Peebles on 12/10/2018. (Served third-party defendant Szymanski by regular mail). (sal)
December 7, 2018 Opinion or Order Filing 49 MEMORANDUM OF LAW re #33 Motion to Dismiss,, Opposition and Certificate of Service on Pro Se party filed by Scott Pinney. (Smith, Thomas)
December 6, 2018 Opinion or Order Filing 48 PROOF OF SERVICE by Ron Szymanski, re: service of the #31 Answer to Third Party Complaint on Brian Butler, Esq., and Thomas P. Smith, Esq. (Attachments: #1 Proof of service)(see)
December 6, 2018 Opinion or Order Filing 47 PRO SE HANDBOOK, LOCAL RULES, NOTICE and LAWYER REFERRAL SERVICES issued to Third-Party Defendant Ron Szymanski by regular mail. (sal )
December 6, 2018 Opinion or Order Filing 46 TEXT ORDER : The in person Rule 16 Conference set for 12/12/2018 at 10:00 AM in Syracuse is adjourned without date at this time. Plaintiff's #40 letter motion to stay discovery pending a decision on the motion to dismiss and defendants' #42 response in opposition are taken under advisement. A decision will be forthcoming. Authorized by Magistrate Judge David E. Peebles on 12/6/2018. (sal)
December 6, 2018 Opinion or Order Filing 45 CERTIFICATE OF SERVICE by Dynamic Energy Solutions, LLC re #44 CIVIL CASE MANAGEMENT PLAN Service on Ron Szymanski (Sheehan, Brendan)
December 6, 2018 Opinion or Order Served copy of text order entered on 12/6/2018 upon third-party defendant Ron Szymanski by regular mail. (sal )
December 5, 2018 Opinion or Order Filing 44 CIVIL CASE MANAGEMENT PLAN by Dynamic Energy Solutions, LLC. (Butler, Brian)
December 4, 2018 Opinion or Order Filing 43 CERTIFICATE OF SERVICE by Dynamic Energy Solutions, LLC re #42 Response in Opposition to Motion, Service on Ron Szymanski (Sheehan, Brendan)
December 4, 2018 Opinion or Order Filing 42 RESPONSE in Opposition re #40 Letter Motion from James P. Youngs, Esq. for Distributed Sun, LLC, Sun8 PDC LLC requesting order staying discovery and adjourning Rule 16 Conference submitted to Judge Peebles filed by Dynamic Energy Solutions, LLC. (Butler, Brian)
December 3, 2018 Opinion or Order Filing 41 CERTIFICATE OF SERVICE by Distributed Sun, LLC, Sun8 PDC LLC re #40 Letter Motion from James P. Youngs, Esq. for Distributed Sun, LLC, Sun8 PDC LLC requesting order staying discovery and adjourning Rule 16 Conference submitted to Judge Peebles (Youngs, James)
December 3, 2018 Opinion or Order Filing 40 Letter Motion from James P. Youngs, Esq. for Distributed Sun, LLC, Sun8 PDC LLC requesting order staying discovery and adjourning Rule 16 Conference submitted to Judge Peebles . (Youngs, James)
December 3, 2018 Opinion or Order Served pro se defendant by regular mail w/ copy of text notice entered on 12/3/2018. (sal )
December 3, 2018 Opinion or Order TEXT NOTICE regarding #40 letter motion by defendants SUN8 PDC, LLC and Distributed Sun, LLC to stay discovery and adjourn the Rule 16 Conference scheduled for December 12, 2018: Any response to this letter motion must be filed by noon on 12/4/2018. (sal )
November 29, 2018 Opinion or Order Filing 39 - Certificate of Service for the #38 REPLY to Response to Motion re #20 MOTION to Dismiss filed by Distributed Sun, LLC, Sun8 PDC LLC. (Youngs, James)
November 29, 2018 Opinion or Order Filing 38 REPLY to Response to Motion re #20 MOTION to Dismiss filed by Distributed Sun, LLC, Sun8 PDC LLC. (Youngs, James)
November 29, 2018 Opinion or Order TEXT NOTICE to Attorney James Youngs, re: #38 Reply to Response to Motion. Pro se party Ron Szymanski did not receive notice of electronic filing of this document, therefore proof of service will need to be electronically filed as to this party. (see)
November 26, 2018 Opinion or Order Filing 37 TEXT ORDER granting #35 Stipulation to adjourn Deft's #20 Motion to Dismiss and Pltf's #33 Motion to Dismiss to Judge McAvoy's 12/28/18 Motion Calendar at 10 AM in Binghamton. Response to Motions are due by 12/7/2018. Reply to Response to Motions are due by 12/17/2018. Authorized by Senior Judge Thomas J. McAvoy on 11/26/18. [Served by mail.] (sfp, )
November 19, 2018 Opinion or Order Filing 36 RESPONSE in Opposition re #20 MOTION to Dismiss Memorandum of Law in Opposition to Distributed Sun, LLC and Sun8 PDC LLCs Motion to Dismiss filed by Dynamic Energy Solutions, LLC. (Butler, Brian)
November 19, 2018 Opinion or Order Filing 35 STIPULATION re #33 MOTION to Dismiss Counterclaim of Defendant Scott Pinney and Certificate of Service on Pro Se Party by Scott Pinney submitted to Judge McAvoy. (Smith, Thomas)
November 16, 2018 Opinion or Order Filing 34 CERTIFICATE OF SERVICE by Dynamic Energy Solutions, LLC re #33 MOTION to Dismiss Counterclaim of Defendant Scott Pinney on third-party defendant Ron Szymanski, of Dynamic Energy Solutions, LLC's motion papers in support of motion to dismiss counterclaim of defendant Scott Pinney (Sheehan, Brendan)
November 15, 2018 Opinion or Order TEXT NOTICE to Attorney Brian Butler, re: #33 MOTION to Dismiss Counterclaim of Defendant Scott Pinney. Since third-party defendant Ron Szymanski made a pro se appearance in this case while searching for counsel, he will need to be served with a copy of the above motion papers and proof of service upon this individual will need to be filed ASAP. (see)
November 9, 2018 Opinion or Order Filing 33 MOTION to Dismiss Counterclaim of Defendant Scott Pinney Motion Hearing set for 12/10/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 11/23/2018 Reply to Response to Motion due by 11/29/2018. filed by Dynamic Energy Solutions, LLC. (Attachments: #1 Declaration of Brian J. Butler, Esq., #2 Exhibit(s) #1 Complaint, #3 Exhibit(s) #2 Answer and Counterclaim, #4 Exhibit(s) #3 Site Lease Option Agreement, #5 Exhibit(s) #4 Distributed Sun Letter of Intent, #6 Exhibit(s) #5 Amended Letter Decision, #7 Memorandum of Law) (Butler, Brian) Modified on 11/9/2018 (see, ).
November 9, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #33 Motion to Dismiss. Corrected the location of the motion hearing ONLY to Albany. (see)
November 8, 2018 Opinion or Order Filing 32 TEXT ORDER granting #30 Letter Request by third-party defendant Ron Szymanski for an extension of time to respond to the third-party complaint, which has now been filed with the court at Dkt. No. #31 . Authorized by Magistrate Judge David E. Peebles on 11/8/2018. (Copy served upon defendant Szymanki via regular mail)(sal )
November 8, 2018 Opinion or Order Filing 31 ANSWER to #22 Third Party Complaint by Ron Szymanski.(see)
November 8, 2018 Opinion or Order Filing 30 Letter Motion from Ron Szymanski, requesting extension of time to respond to the complaint. Submitted to Judge David E. Peebles. {Answer submitted with letter request and will be entered separately} (see)
October 24, 2018 Opinion or Order Filing 29 AFFIDAVIT of Service for Third-Party Summons, Complaint, Third Party Complaint served on Ron Szymanski on October 19, 2018, filed by Scott Pinney. (Smith, Thomas)
October 24, 2018 Opinion or Order ***Answer due date updated for Ron Szymanski answer due 11/9/2018. (see)
October 19, 2018 Opinion or Order Reset Deadlines/Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the IN PERSON Initial Conference set for 11/2/2018 at 11:00 AM in Binghamton is RESCHEDULED for 12/12/2018 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. *PLEASE NOTE LOCATION CHANGE* The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/5/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal)
October 18, 2018 Opinion or Order Filing 28 TEXT ORDER granting #24 Stipulation to adjourn #20 MOTION to Dismiss to Judge McAvoy's 12/10/18 Motion Calendar at 10 AM in Albany. Response to Motion is due by 11/19/2018. Reply to Response to Motion is due by 11/29/2018. Authorized by Senior Judge Thomas J. McAvoy on 10/18/18. (sfp, )
October 16, 2018 Opinion or Order Filing 27 TEXT ORDER approving #26 Stipulation that Plaintiff Dynamic Energy Solutions, LLC's time to answer or otherwise respond to Defendant Scott Pinney's counterclaim is extended up to and including November 9, 2018. Authorized by Magistrate Judge David E. Peebles on 10/16/2018. (sal )
October 16, 2018 Opinion or Order Filing 26 STIPULATION re #21 Answer to Complaint, Counterclaim requesting extension of time for Plaintiff to respond to defendant Scott Pinney's counterclaim by Dynamic Energy Solutions, LLC submitted to Judge David E. Peebles, United States Magistrate Judge. (Butler, Brian)
October 16, 2018 Opinion or Order Filing 25 Third-Party Summons Issued as to Ron Szymanski. (see)
October 16, 2018 Opinion or Order Filing 24 STIPULATION re #20 MOTION to Dismiss requesting extension of return date and briefing schedule by Dynamic Energy Solutions, LLC submitted to Judge Hon. Thomas J. McAvoy. (Butler, Brian)
October 16, 2018 Opinion or Order Filing 23 NOTICE by Scott Pinney Request for Third Party Summons (Smith, Thomas)
October 16, 2018 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #22 Third Party Complaint. Replaced pdf document with a corrected version that counsel emailed which corrects the case number on the document from 3:18-CV-844 to 3:18-CV-884. (see)
October 14, 2018 Opinion or Order Filing 22 THIRD PARTY COMPLAINT against Ron Szymanski filed by Scott Pinney.(Smith, Thomas) (Main Document 22 replaced on 10/16/2018) (see, ).
October 3, 2018 Opinion or Order TEXT NOTICE of Hearing on Motion: Deft's Distributed Sun, LLC & Sun8 PDC LLC's #20 MOTION to Dismiss is placed on Judge McAvoy's 11/13/18 Motion Calendar at 10 AM in Albany.(sfp, )
October 1, 2018 Opinion or Order Filing 21 ANSWER to #1 Complaint , COUNTERCLAIM against Dynamic Energy Solutions, LLC by Scott Pinney.(Smith, Thomas)
October 1, 2018 Opinion or Order Filing 20 MOTION to Dismiss Motion Hearing set for 11/12/2018 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 10/26/2018 Reply to Response to Motion due by 11/1/2018. filed by Distributed Sun, LLC, Sun8 PDC LLC. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) A-SUN8 State Court complaint, #4 Exhibit(s) B-SUN8's Subpoenas to Szymanski and Dryden, #5 Exhibit(s) C-SUN8 MOL in opposition to Dynamic's Motion to Dismiss SUN8 Lawsuit, #6 Exhibit(s) D-JPY Letter re: withdrawal of tortious interference, #7 Exhibit(s) E-JPY Apr. 5, 2018 letter brief to Rowley, with exhibit, #8 Exhibit(s) F-Judge Rowley Decision, #9 Exhibit(s) G-Judge Rowley Order, #10 Certificate of Service) (Youngs, James)
September 10, 2018 Opinion or Order Filing 19 TEXT ORDER granting #18 Letter Request for an extension of time for defendant Scott Pinney to answer or otherwise respond to plaintiff's complaint on or before 10/1/2018. Authorized by Magistrate Judge David E. Peebles on 9/10/2018. (sal )
September 10, 2018 Filing 18 Letter Motion from Counsel for Defedant Scott Pinney for Scott Pinney requesting Extention To Respond to Complant under R. 6(b)(1)(A) submitted to Judge Peebles . (Smith, Thomas)
August 27, 2018 Filing 17 NOTICE of Appearance by Jim Walden on behalf of Dynamic Energy Solutions, LLC (Walden, Jim)
August 24, 2018 Filing 16 NOTICE of Appearance by Daniel A. Cohen on behalf of Dynamic Energy Solutions, LLC (Cohen, Daniel)
August 24, 2018 Filing 15 NOTICE of Appearance by Adam Cohen on behalf of Dynamic Energy Solutions, LLC (Cohen, Adam)
August 23, 2018 Filing 14 SUMMONS Returned Executed by Dynamic Energy Solutions, LLC. Scott Pinney served on 8/21/2018, answer due 9/11/2018. (Butler, Brian)
August 23, 2018 CLERK'S CORRECTION OF DOCKET ENTRY: The executed summons filed on 8/23/2018 as document number 15 was deleted from the docket as it was a duplicate of the #14 executed summons. (amt)
August 15, 2018 Opinion or Order Filing 13 TEXT ORDER approving #9 Stipulation to extend the time for defendants Distributed Sun, LLC and Sun8 PDC LLC to answer or otherwise respond to plaintiff's complaint on or before 10/1/2018. Authorized by Magistrate Judge David E. Peebles on 8/15/2018. (sal )
August 15, 2018 Opinion or Order Filing 12 TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice of Daniel A. Cohen, Esq.. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. *Counsel MUST FILE A NOTICE OF APPEARANCE in this action or he will not receive any notices of electronic filings in the case.* Authorized by Magistrate Judge David E. Peebles on 8/15/2018. (sal )
August 15, 2018 Opinion or Order Filing 11 TEXT ORDER granting #6 Motion for Limited Admission Pro Hac Vice of Adam P. Cohen, Esq.. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. *Counsel MUST FILE A NOTICE OF APPEARANCE in this action or he will not receive any notices of electronic filings in the case.* Authorized by Magistrate Judge David E. Peebles on 8/15/2018. (sal )
August 15, 2018 Opinion or Order Filing 10 TEXT ORDER granting #5 Motion for Limited Admission Pro Hac Vice of James A. Walden, Esq.. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. *Counsel MUST FILE A NOTICE OF APPEARANCE in this action or he will not receive any notices of electronic filings in the case.*. Authorized by Magistrate Judge David E. Peebles on 8/15/2018. (sal )
August 14, 2018 Filing 9 STIPULATION Extending Time to Respond by Dynamic Energy Solutions, LLC submitted to Judge Hon. David E. Peebles. (Butler, Brian)
August 14, 2018 Filing 8 AFFIDAVIT of Service for Acknowledgment of Service of Process Summons & Complaint with Exhibit 1 & General Order and Civil Cover Sheet served on James P. Youngs, Esq. on August 2, 2018, filed by Dynamic Energy Solutions, LLC. (Butler, Brian)
August 13, 2018 Filing 7 MOTION for Limited Admission Pro Hac Vice of Daniel A. Cohen Filing fee $100, receipt number ANYNDC-4477711. filed by Dynamic Energy Solutions, LLC. Motions referred to David E. Peebles. (Butler, Brian)
August 13, 2018 Filing 6 MOTION for Limited Admission Pro Hac Vice of Adam P. Cohen Filing fee $100, receipt number ANYNDC-4477697. filed by Dynamic Energy Solutions, LLC. Motions referred to David E. Peebles. (Butler, Brian)
August 13, 2018 Filing 5 MOTION for Limited Admission Pro Hac Vice of James A. Walden Filing fee $100, receipt number ANYNDC-4477605. filed by Dynamic Energy Solutions, LLC. Motions referred to David E. Peebles. (Butler, Brian)
July 30, 2018 Filing 4 NOTICE of Admission Requirement as to Party Dynamic Energy Solutions, LLC; Attorneys Jim Walden, Adam P. Cohen, and Dan Cohen, Email address is jwalden@wmhlaw.com, acohen@wmhlaw.com, and dcohen@wmhlaw.com. Phone number is 212-335-2030. Admissions due by 8/13/2018. {Admission requirements mailed on 7/30/2018 by Albany Clerk's Office}(see)
July 30, 2018 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/2/2018 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/26/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
July 30, 2018 Filing 2 Summonses Issued as to Distributed Sun, LLC, Scott Pinney, and Sun8 PDC LLC. (Attachments: #1 Summons for Distributed Sun, LLC, #2 Summons for Sun8 PDC LLC)(see)
July 27, 2018 Filing 1 COMPLAINT with Jury Demand against Distributed Sun, LLC, Scott Pinney, and Sun8 PDC LLC (Filing fee $400 receipt number ANYNDC-4462038) filed by Dynamic Energy Solutions, LLC. (Attachments: #1 Exhibit(s) 1, #2 Civil Cover Sheet)(see)

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Counter claimant: Scott Pinney
Represented By: Thomas P. Smith
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Defendant: Distributed Sun, LLC
Represented By: James P. Youngs
Represented By: Michael Marrero
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Defendant: Sun8 PDC LLC
Represented By: James P. Youngs
Represented By: Michael Marrero
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Counter defendant: Dynamic Energy Solutions, LLC
Represented By: Brian J. Butler
Represented By: Brendan M. Sheehan
Represented By: Adam Cohen
Represented By: Jim Walden
Represented By: Daniel A. Cohen
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Not classified by court: David R Homer
Represented By: David R. Homer
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3rd party defendant: Ron Szymanski
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