Prime Materials Recovery, Inc. v. J.J.R. Properties of New York, LLC et al
Plaintiff: Prime Materials Recovery, Inc.
Defendant: Certain Unknown Underwriters at Lloyd's London, Subscribing to Policy Number___, Syndicate___,, J.J.R. Properties of New York, LLC and Certain Underwriters At Lloyd's London Subscribing to Certificate No. GEP 9871-17
Case Number: 5:2019cv00561
Filed: May 13, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Brenda K Sannes
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1442
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Opinion or Order Filing 32 TEXT ORDER granting #30 Motion for Limited Admission Pro Hac Vice of Michael Savett, Esq. for defendant Certain Underwriters, etc. 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 SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/11/2019. (sg)
July 10, 2019 Filing 31 Supplemental Admission documents re: #30 Motion for Limited Admission Pro Hac Vice,,. (Petrone, Lori)
July 10, 2019 Filing 30 MOTION for Limited Admission Pro Hac Vice of Michael S. Savett Filing fee $100, receipt number ANYNDC-4794573. filed by Certain Underwriters At Lloyd's London Subscribing to Certificate No. GEP 9871-17. (Attachments: #1 Declaration, #2 Exhibit(s) Exhibit A Declaration of Michael Savett, Esq., #3 Exhibit(s) Exhibit B Attorney Registration Form, #4 Exhibit(s) Exhibit C Petition for Admission, #5 Exhibit(s) Exhibit D Certificate of Good Standing, #6 Supplement Certificate of Service) Motions referred to Therese Wiley Dancks. (Petrone, Lori)
July 10, 2019 Notice of Filing Deficiency re: #30 Motion for Limited Admission Pro Hac Vice of Michael S. Savett. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
July 3, 2019 Opinion or Order Filing 29 TEXT ORDER approving the Consent to Change Attorney at Dkt. [27-1] filed by J.J.R. Properties of New York, LLC. Attorney Kelsey W. Shannon terminated. The Lynn Law Firm no longer represents this defendant. Defendant J.J.R. Properties of New York, LLC is now represented by the Burke, Scolamiero Law Firm. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/3/2019. (sg)
July 2, 2019 Filing 28 CERTIFICATE OF SERVICE by J.J.R. Properties of New York, LLC re #27 Notice of Appearance, #25 Answer to Amended Complaint, #26 Notice of Appearance and Consent to Change Attorney (Cullen, Thomas)
July 2, 2019 Filing 27 NOTICE of Appearance by Thomas A. Cullen on behalf of J.J.R. Properties of New York, LLC (Attachments: #1 Consent to Change Attorney)(Cullen, Thomas)
July 2, 2019 Filing 26 NOTICE of Appearance by Kevin P. Burke on behalf of J.J.R. Properties of New York, LLC (Burke, Kevin)
July 2, 2019 Filing 25 ANSWER to #21 Amended Complaint by J.J.R. Properties of New York, LLC.(Burke, Kevin)
July 2, 2019 Filing 24 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 8/15/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 7/29/2019 Reply to Response to Motion due by 8/5/2019. filed by Certain Underwriters At Lloyd's London Subscribing to Certificate No. GEP 9871-17. (Attachments: #1 Memorandum of Law, #2 Supplement Certificate of Service) (Petrone, Lori)
June 19, 2019 Opinion or Order Filing 23 TEXT ORDER approving the #22 Stipulation and granting request for extension of time. All defendants to answer, move or otherwise appear as to the #21 Amended Complaint by 7/2/2019. No further extensions will be granted absent a good cause reason, even if the parties stipulate to it. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/19/2019. (sg)
June 19, 2019 TEXT NOTICE RESCHEDULING R. 16 INITIAL CONFERENCE: The Telephone Initial Conference has been RESCHEDULED for 7/29/2019 at 10:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed no later than 7/22/2019 and Mandatory Disclosures are to be exchanged by the parties on or before 7/22/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg)
June 18, 2019 Filing 22 STIPULATION extending time to answer, move, or otherwise appear by Certain Underwriters At Lloyd's London Subscribing to Certificate No. GEP 9871-17 submitted to Judge Therese Wiley Dancks. (Attachments: #1 Supplement Certificate of Service)(Petrone, Lori)
June 13, 2019 Text Notice - Answer Deadline Set: All Defendants' Answer to #21 Amended Complaint due 6/21/2019. (sg)
June 12, 2019 Filing 21 AMENDED COMPLAINT against All Defendants filed by Prime Materials Recovery, Inc.. (Attachments: #1 Exhibit A - Commercial Lease)(Moriarty, James)
June 12, 2019 Opinion or Order Filing 20 TEXT ORDER & TEXT ORDER TO STRIKE: Court has reviewed stipulation of the parties to amend the complaint (Dkt. No. #18 ) and the amended complaint. (Dkt. No. #19 .) The Court will permit the filing of the amended complaint although it does not appear complete. The amended complaint references an attached lease at Paragraph 13, however, no attachment was filed with the amended complaint. Therefore, the Clerk is directed to strike the amended complaint. Plaintiff must file a complete amended complaint pursuant to the parties' stipulation by 6/17/2019. The answer deadline as to all defendants will be re-set once the corrected and complete amended complaint has been filed. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/12/2019. (sg )
June 11, 2019 Filing 19 **STRICKEN pursuant to the 6/12/2019 Text Order of Magistrate Judge Therese Wiley Dancks***AMENDED COMPLAINT against All Defendants filed by Prime Materials Recovery, Inc..(Moriarty, James) Modified on 6/12/2019 (sg, ).
June 11, 2019 Filing 18 STIPULATION by Prime Materials Recovery, Inc. submitted to Judge BKS/TWD. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Moriarty, James)
May 29, 2019 Filing 17 NOTICE of Appearance by James M Moriarty on behalf of Prime Materials Recovery, Inc. (Moriarty, James)
May 29, 2019 Opinion or Order Filing 16 TEXT ORDER: Court notes that Plaintiff filed two motions for admissions pro hac vice of James Moriarty, Esq. (see Dkt. Nos. #9 and #11 .). The Court also notes that it appears that duplicate filing fee was paid at Dkt. No. #11 by the filer. Counsel is directed to make an application to the Court for refund of the duplicate filing fee paid at Dkt. No. #11 by accessing the Court's website at www.nynd.uscourts.gov/Court Information/Court Fees & Rates/ Refund of Fee, following the links/instructions on that page. Should counsel have any questions or require assistance making the request for this refund, they should call the Court's Attorney Admissions Clerk at (315) 234-8500. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/29/2019. (sg)
May 29, 2019 Opinion or Order Filing 15 TEXT ORDER granting #11 Motion for Limited Admission Pro Hac Vice of James M. Moriarty, Esq. for Prime Materials Recovery, Inc. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/29/2019. (sg)
May 29, 2019 Opinion or Order Filing 14 TEXT ORDER denying #9 Motion for Limited Admission Pro Hac Vice, without prejudice. It appears that documents submitted in support of this motion are incorrect. Counsel has been notified and has re-filed the motion at Dkt. No. 11. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/29/2019. (sg)
May 29, 2019 Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Prime Materials Recovery, Inc.. (Romney, Aaron)
May 29, 2019 Filing 12 NOTICE of Appearance by Aaron A Romney on behalf of Prime Materials Recovery, Inc. (Romney, Aaron)
May 29, 2019 Filing 11 MOTION for Limited Admission Pro Hac Vice of James M. Moriarty Filing fee $100, receipt number ANYNDC-4754516. filed by Prime Materials Recovery, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Petition for Admission, #3 Registration Form, #4 Declaration of Sponsor, #5 Order) Motions referred to Therese Wiley Dancks. (Wegerski, John)
May 28, 2019 Opinion or Order Filing 10 TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Aaron Romney, Esq. for Prime Materials Recovery, Inc. 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/28/2019. (sg)
May 28, 2019 Filing 9 MOTION for Limited Admission Pro Hac Vice of James M. Moriarty Filing fee $100, receipt number ANYNDC-4752859. filed by Prime Materials Recovery, Inc.. (Attachments: #1 Petition for Admission to Practice, #2 Declaration of Sponsor, #3 New Attorney E-Filing Registration Form, #4 Certificate of Good Standing, #5 Order) Motions referred to Therese Wiley Dancks. (Wegerski, John)
May 28, 2019 Filing 8 MOTION for Limited Admission Pro Hac Vice of Aaron A. Romney Filing fee $100, receipt number ANYNDC-4752799. filed by Prime Materials Recovery, Inc.. (Attachments: #1 Petition for Admission to Practice, #2 Declaration of Sponsor, #3 New Attorney E-Filing Registration Form, #4 Certificate of Good Standing, #5 Order) Motions referred to Therese Wiley Dancks. (Wegerski, John)
May 28, 2019 Notice of Filing Deficiency re: #9 Motion for Limited Admission Pro Hac Vice of James M. Moriarty. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Petition for Admission to Practice, New Attorney E-Filing Registration Form, Declaration of Sponsor, Certificate of Good Standing issued by a Court The corrected documents must reference the applicant James M. Moriarty, and should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
May 17, 2019 Opinion or Order Filing 7 TEXT ORDER approving #6 Stipulation and granting request for extension of time for Defendant to file answer. Answers by all defendants due 6/17/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/17/2019. (sg)
May 16, 2019 Filing 6 STIPULATION re Set/Reset Answer Deadline by J.J.R. Properties of New York, LLC submitted to Judge Dancks. (Shannon, Kelsey)
May 13, 2019 Filing 5 NOTICE OF ADMISSION REQUIREMENT: as to Aaron A. Romney and James M. Moriarty: Phone number is (203) 368-4234; email addresses are: aromney@zeislaw.com and jmoriarty@zeislaw.com, and as to John P. Wegerski, III: Phone number is (315) 676-3991; email address is: johnny@wegerskilaw.com. Admissions are due by 5/28/2019. {Letters sent via regular U.S. Postal Mail}. (Attachments: #1 Letter to John P. Wegerski III, Esq.)(rep)
May 13, 2019 Filing 4 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 7/2/2019 at 9:30 AM before Magistrate Judge Therese Wiley Dancks by telephone. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/25/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep)
May 13, 2019 Filing 3 STATE COURT COMPLAINT: Originally filed by Prime Materials Recovery, Inc. (rep)
May 13, 2019 Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: Filed by Certain Unknown Underwriters at Lloyd's London, Subscribing to Policy Number___, Syndicate___,. (rep)
May 13, 2019 Filing 1 NOTICE OF REMOVAL: From New York State Supreme Court; Madison County, case number EF2019-1388 (Filing fee $400 receipt number ANYNDC-4738533) Removed by Certain Unknown Underwriters at Lloyd's London, Subscribing to Policy Number___, Syndicate___,. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Summons, #3 Exhibit C - Letter dated February 27, 2019, #4 Exhibit D - Index, #5 Civil Cover Sheet)(rep)

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Defendant: Certain Unknown Underwriters at Lloyd's London, Subscribing to Policy Number___, Syndicate___,
Represented By: Lori E. Petrone
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Defendant: J.J.R. Properties of New York, LLC
Represented By: Kelsey W. Shannon
Represented By: Thomas A. Cullen
Represented By: Kevin P. Burke
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Defendant: Certain Underwriters At Lloyd's London Subscribing to Certificate No. GEP 9871-17
Represented By: Lori E. Petrone
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Plaintiff: Prime Materials Recovery, Inc.
Represented By: John P. Wegerski, Jr.
Represented By: Aaron A Romney
Represented By: James M Moriarty
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