Honeywell International Inc. v. Sunoco (R&M), LLC et al
| Honeywell International Inc. |
| Sunoco, Inc., Atlantic Refining & Marketing, LLC, Sunoco (R&M), LLC and Sun Pipe Line Company, LLC |
| 5:2018cv01176 |
| September 28, 2018 |
| U.S. District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Miroslav Lovric |
| David E Peebles |
| Frederick J Scullin |
| Gary L Sharpe |
| Environmental Matters |
| 42 U.S.C. § 9601 - Cause of Action Arising under CERCLA |
| Plaintiff |
Docket Report
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| All future filings to be made in lead case only 5:18-cv-646 Honeywell International Inc. v. Buckeye Partners, L.P. et al. (jel, ) |
Filing 36
TEXT ORDER: Three (3) related cases/actions are currently assigned to and pending before Senior District Judge Frederick J. Scullin Jr. and Magistrate Judge Miroslav Lovric, that is, Honeywell International Inc. v. Buckeye Partners, L.P., et al., 5:18-CV-646 (FJS/ML) [the Buckeye Action], Honeywell International Inc. v. Sunoco (R&M), LLC et al., 5:18-CV-1176 (FJS/ML) [the Sunoco Action], and Honeywell International Inc. v. Citgo Petroleum Corp., 5:19-CV-1219 (FJS/ML) [the Citgo Action]. Several motions have been filed in these matters and are currently pending before both the District Court Judge and the Magistrate Judge that may potentially impact all three of these matters. In the Buckeye Action, Buckeye has filed motions #25 seeking judgment on the pleadings and also seeking to consolidate the Buckeye Action and the Sunoco Action. Also in the Buckeye Action, 3rd party defendant YAD has filed motion 55 seeking to dismiss for failure to state a claim. Motions #25 and 55 in the Buckeye Action are both currently pending before Senior District Judge Frederick J. Scullin Jr. It is also noted that in the Buckeye Action at 72 , Buckeye filed a 2d 3rd party complaint against 13 defendants (2d 3rd party defendants). That complaint was amended at 108 . Thereafter, also in the Buckeye Action, Honeywell filed a motion 123 to strike Buckeye's 2d 3rd party complaint (as amended at Dkt. 108). Furthermore, also in the Buckeye Action, Buckeye filed a motion 107 seeking to consolidate the Buckeye Action and the Citgo Action. Motions 123 and 107 in the Buckeye Action are both currently pending before Magistrate Judge Miroslav Lovric. In the Sunoco Action, defendants have filed motions #18 seeking to dismiss for failure to state a claim and for lack of subject matter jurisdiction. Motions #18 in the Sunoco Action are currently pending before Senior District Judge Frederick J. Scullin Jr. The Citgo Action was recently filed, Citgo's Answer is due to be filed by 1/6/2020, and the rule 16 initial conference is scheduled for 2/26/2020. In light of the pending motions as described above, the related nature of these three cases/actions, and also taking into consideration the Status Reports at Dkt. Nos. 114-121 & 125-134 as filed by the parties in the Buckeye Action, IT IS HEREBY ORDERED AS FOLLOWS: 1) In the Buckeye Action, the 2d 3rd party defendants (13 defendants) shall file an Answer or otherwise respond to the 2d 3rd party amended complaint 108 by 1/21/2020; 2) In the Buckeye Action, the 3rd party defendants (YAD, et. al.) shall file a memorandum of law by 1/21/2020 setting forth their position and arguments as to Honeywell's motion 123 seeking to strike Buckeye's 2d 3rd party amended complaint 108 ; 3) In the Buckeye Action, Letter Motion 135 is GRANTED, Buckeye's response shall be filed by 2/4/2020, and Honeywell's reply shall be filed by 2/10/2020; 4) In the Buckeye Action, the discovery and motions schedules and deadlines are STAYED until such time as motions 25, 55, 107, and 123 are decided in the Buckeye Action; 5) In the Sunoco Action, the rule 16 initial conference was previously adjourned by the Court without date pending decision on motion #18 ; the rule 16 initial conference hereby continues to be adjourned without date and will be re-scheduled once motion #18 in the Sunoco Action and motion #25 in the Buckeye Action have both been decided; 6) In the Citgo Action, Citgo's Answer or response to the complaint is currently due to be filed no later than 1/6/2020 and a rule 16 initial conference is scheduled for 2/26/2020; these schedules remain the same and Citgo shall file an Answer or otherwise respond to the complaint by 1/6/2020; at the 2/26/2020 rule 16 conference, the Court will discuss with the parties the ramifications of motion 107 in the Buckeye Action. The parties are advised that all motions pending before Magistrate Judge Miroslav Lovric are on submit only and no appearances or oral arguments are required at this time. If after reviewing all papers and the Court decides that oral arguments are needed, the Court will notify the parties. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/23/2019. (jdp, )
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| Filing 35 STATUS REPORT regarding Motions to Consolidate by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (McAleese, John) |
| Filing 34 NOTICE of Appearance by John Robinson on behalf of Honeywell International Inc. (Robinson, John) |
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Filing 33
TEXT ORDER granting #32 Motion to Withdraw as Attorney. Attorney Andrea M. Broach terminated. Signed by Senior Judge Frederick J. Scullin, Jr on 9/19/2019. (bjw, )
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| Filing 32 MOTION to Withdraw as Attorney filed by Honeywell International Inc.. Motions referred to Miroslav Lovric. (Broach, Andrea) |
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Filing 31
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (jdp )
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| Filing 30 NOTICE of Appearance by Amanda Graham Dumville on behalf of All Defendants (Dumville, Amanda) |
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Filing 29
TEXT ORDER denying #27 Motion for Leave to File a Surreply in further opposition to #18 Motion to Dismiss. Additionally, the motion remains on submission. No oral argument will be held. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 2/4/2019. (bjw, )
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| Filing 28 RESPONSE in Opposition re #27 MOTION for Leave to File reply in further opposition to Sunoco's Motion to Dismiss filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (McAleese, John) |
| Filing 27 MOTION for Leave to File reply in further opposition to Sunoco's Motion to Dismiss Motion Hearing set for 3/8/2019 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 2/19/2019 filed by Honeywell International Inc.. Motions referred to David E. Peebles. (Daniel, Lauren) |
| Filing 26 REPLY to Response to Motion re #18 First MOTION to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (McAleese, John) |
| Filing 25 ***SEALED DOCUMENT-Exhibit #2 attached to #22 Response to #18 Motion to Dismiss. Document Sealed pursuant to #24 Court order (bjw, ) (bjw, ). |
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Filing 24
ORDER granting application by Honeywell International Inc. to SEAL Exhibit #2 which is attached to Honeywell International Inc.'s #22 Response in Opposition to #18 Motion to Dismiss.. Signed by Senior Judge Frederick J. Scullin, Jr on 1/24/2019. (bjw, )
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Filing 23
TEXT ORDER granting #21 Motion for Limited Admission Pro Hac Vice of Amanda G. Dumville, 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/SHE WILL NOT RECEIVE NOTICES OF ELECTRONIC FILINGS IN THE CASE. Authorized by Magistrate Judge David E. Peebles on 1/23/2019. (sal )
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| Filing 22 RESPONSE in Opposition re #18 First MOTION to Dismiss for Failure to State a Claim First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Honeywell International Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Affidavit of Brian D. Israel, #4 Supplement Application to File Attachment 2 Under Seal, #5 Proposed Order/Judgment)(Daniel, Lauren) |
| Filing 21 MOTION for Limited Admission Pro Hac Vice of Amanda G. Dumville Filing fee $100, receipt number ANYNDC-4625784. filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (Attachments: #1 Declaration of Sponsor, #2 ECF Registration Form, #3 Petition for Admission to Practice, #4 Certificates of Good Standing) Motions referred to David E. Peebles. (Kim, Minji) |
| MOTION RESCHEDULING NOTICE as to #18 First MOTION to Dismiss for Failure to State a Claim and First MOTION to Dismiss for Lack of Subject Matter Jurisdiction At the request of both counsel. Response to Motion due by 1/22/2019 Reply to Response to Motion due by 1/29/2019. Motion Hearing reset for 2/8/2019 on submit before Senior Judge Frederick J. Scullin Jr. (bjw, ) |
| Filing 20 NOTICE by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc. (McAleese, John) |
| MOTION SCHEDULING NOTICE as to #18 MOTION to Dismiss for Failure to State a Claim and MOTION to Dismiss for Lack of Subject Matter Jurisdiction . Motion Hearing set for 1/11/2019 before Senior Judge Frederick J. Scullin Jr. will be taken on submit. No oral argument will be held unless otherwise notified by the Court. (bjw, ) |
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Filing 19
TEXT ORDER : Due to the pending motion to dismiss, the in person Rule 16 Conference set for 1/8/2019 at 10:00 AM in Syracuse is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. Authorized by Magistrate Judge David E. Peebles on 12/4/2018. (sal )
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| Filing 18 First MOTION to Dismiss for Failure to State a Claim , First MOTION to Dismiss for Lack of Subject Matter Jurisdiction Motion Hearing set for 1/11/2019 10:00 AM in Syracuse before Senior Judge Frederick J. Scullin Jr. Response to Motion due by 12/26/2018 Reply to Response to Motion due by 12/31/2018. filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Dismiss, #2 Affidavit Affidavit in Support of Motion to Dismiss) (McAleese, John) |
| Filing 17 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Sun Pipe Line Company, LLC identifying Corporate Parent Sunoco, Inc., Corporate Parent Sunoco (R&M), LLC, Corporate Parent Heritage Holdings, Inc., Corporate Parent ETP Holdco Corporation, Corporate Parent Energy Transfer LP for Sun Pipe Line Company, LLC.. (McAleese, John) |
| Filing 16 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Atlantic Refining & Marketing, LLC identifying Corporate Parent Sunoco, Inc., Corporate Parent Heritage Holdings, Inc., Corporate Parent ETP Holdco Corporation, Corporate Parent Energy Transfer LP for Atlantic Refining & Marketing, LLC.. (McAleese, John) |
| Filing 15 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Sunoco (R&M), LLC, Sunoco, Inc. identifying Corporate Parent Heritage Holdings, Inc., Corporate Parent ETP Holdco Corporation, Corporate Parent Energy Transfer LP for Sunoco (R&M), LLC, Sunoco, Inc... (McAleese, John) |
| Filing 14 NOTICE of Appearance by John J McAleese, III on behalf of All Defendants (McAleese, John) |
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Filing 13
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of John J. McAleese, III, 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 THE CASE OR HE/SHE WILL NOT RECEIVE NOTICES OF ELECTRONIC FILINGS IN THE ACTION. Authorized by Magistrate Judge David E. Peebles on 11/14/2018. (sal )
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| Filing 12 AMENDED MOTION for Limited Admission Pro Hac Vice of John J. McAleese, III Filing fee $100, receipt number ANYNDC-4565236. filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (Attachments: #1 Declaration of Sponsor, #2 Appendix Attorney Registration Form and Oath, #3 Appendix Petition, #4 Appendix Certificate of Good Standing) Motions referred to David E. Peebles. (Kim, Minji) |
| Filing 11 MOTION Admission Pro Hac Vice filed by Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, Sunoco, Inc.. (Attachments: #1 Declaration of Sponsor, #2 Appendix Attorney Registration Form and Oath, #3 Appendix Applicant's Petition, #4 Appendix Certificate of Good Standing) Motions referred to David E. Peebles. (Kim, Minji) |
| Reset Deadlines/Hearings: This action has recently been reassigned to Magistrate Judge David E. Peebles as the magistrate judge in the case. The Rule 16 Conference set before Magistrate Judge Therese Wiley Dancks on 1/2/2019 at 10:00 AM is therefore cancelled. An IN PERSON Rule 16 Conference is set for 1/8/2019 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/3/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Plaintiff's counsel is directed to advise defendants' counsel of this change once he/she has formally appeared in the action. (sal ) |
| Case reassigned to Senior Judge Frederick J. Scullin, Jr and Magistrate Judge David E. Peebles. (bjw, ) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Honeywell International Inc.. Atlantic Refining & Marketing, LLC waiver sent on 10/3/2018, answer due 12/3/2018. (Daniel, Lauren) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Honeywell International Inc.. Sunoco, Inc. waiver sent on 10/3/2018, answer due 12/3/2018. (Daniel, Lauren) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Honeywell International Inc.. Sun Pipe Line Company, LLC waiver sent on 10/3/2018, answer due 12/3/2018. (Daniel, Lauren) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Honeywell International Inc.. Sunoco (R&M), LLC waiver sent on 10/3/2018, answer due 12/3/2018. (Daniel, Lauren) |
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Filing 6
TEXT ORDER granting #5 Request for Reassignment of Case due to related case 5:18-cv-646. The Clerk is directed to reassign this case to the undersigned and to Magistrate Judge David E. Peebles...IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 10/18/2018. (bjw, )
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| Filing 5 NOTICE of Related Case by Honeywell International Inc. of Related Case (Daniel, Lauren) Modified on 10/3/2018 (sg, ). |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/2/2019 10:00 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/26/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jlb, ) |
| Filing 3 Summons Issued as to Atlantic Refining & Marketing, LLC. (Attachments: #1 Summons Issued as to Sunoco, Inc., #2 Summons Issued as to Sunoco (R&M), LLC, #3 Summons Issued as to Sun Pipe Line Company, LLC)(jlb) |
| Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document regarding potential related case 5:18-CV-646 (FJS). Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (jlb) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Honeywell International Inc. (jlb) |
| Filing 1 COMPLAINT with Jury Demand against Atlantic Refining & Marketing, LLC, Sun Pipe Line Company, LLC, Sunoco (R&M), LLC, and Sunoco, Inc. (Filing fee $400 receipt number ANYNDC-4522746) filed by Honeywell International Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(jlb) |
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