Eastern Exterior Wall Systems, Inc. v. Gilbane Construction Company
Eastern Exterior Wall Systems, Inc. |
Gilbane Construction Company |
6:2022cv01318 |
December 8, 2022 |
US District Court for the Northern District of New York |
Glenn T Suddaby |
Other Statutes: Arbitration |
09 U.S.C. ยง 0004 Petition to order arbitration; failure to arbitrate |
None |
Docket Report
This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 Letter Motion from Daniel P. Adams, Esq. for Eastern Exterior Wall Systems, Inc. requesting Withdrawal of Amended Petition submitted to Judge Glenn T. Suddaby . (Adams, Daniel) |
Filing 10 TEXT ORDER directing Respondent to advise the Court of the following two facts in a letter-brief within SEVEN (7) DAYS of this Text Order: (1) whether it objects to the filing of the "Amended Petition" as violative of the 21-day deadline set forth in Fed. R. Civ. P. 15(a)(1)(B), or whether it consents to the filing of an Amended Petition pursuant to Fed. R. Civ. P. 15(a)(2); and (2) in either event, what portions of its motion to dismiss it contends remain pending following the filing of the "Amended Petition." Petitioner is respectfully advised that its "Amended Petition" is not accompanied by the attachments to its original Petition (Dkt. Nos. #2 - 10 ), that those attachments may not be incorporated by reference in its "Amended Petition," and that an original Petition is superseded in all respects by an Amended Petition. N.D.N.Y. L.R. 15.1(a). SO ORDERED by U.S. District Judge Glenn T. Suddaby on 2/3/2023. (sal ) |
Filing 9 AMENDED Petition to Compel Arbitration filed by Eastern Exterior Wall Systems, Inc.. (Adams, Daniel) Modified on 2/3/2023 to change to a pending motion and reflect its an amended petition to compel arbitration and not just an amended document (sal ). |
Filing 8 REPLY to Response to Motion re #6 Cross MOTION to Dismiss for Failure to State a Claim filed by Gilbane Construction Company. Motion returnable before Judge Glenn T. Suddaby Reply MOL in Response to Opposition to Cross-Motion to Dismiss filed by Gilbane Construction Company. (Dreste, John) |
Filing 7 AFFIDAVIT in Opposition re #6 Cross MOTION to Dismiss for Failure to State a Claim filed by Gilbane Construction Company. Motion returnable before Judge Glenn T. Suddaby filed by Eastern Exterior Wall Systems, Inc.. (Attachments: #1 Exhibit(s) Email Thread, #2 Memorandum of Law Reply Memorandum of Law in Opposition)(Adams, Daniel) |
Filing 6 Cross MOTION to Dismiss for Failure to State a Claim filed by Gilbane Construction Company. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 1/26/2023. Reply to Response to Motion due by 2/2/2023 (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit(s), #4 Memorandum of Law, #5 Affidavit Certificate of Service) (Dreste, John) |
Filing 5 Verified ANSWER to Complaint with Affirmative Defenses by Gilbane Construction Company.(Dreste, John) |
TEXT NOTICE re #1 Petition to Compel Arbitration Award : A response to this motion is due to be filed by 1/11/2023. Any reply is due to be file by 1/18/2023. This motion is taken on submission of the papers and returnable before District Judge Glenn T. Suddaby. Counsel for the Petitioner is directed to serve a copy of this Text Notice upon the Respondent or its counsel and thereafter file proof of service with the Court. Additionally, proof of service of the Summons issued pursuant to Rule 4 is required to be filed with the Court pursuant to 9 U.S.C. 4. (sal) |
Filing 4 Summons Issued as to Gilbane Construction Company. (pjh, ) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS(ES): Eastern Exterior Wall Systems, Inc. is requesting summons(es) be issued as to Gilbane Construction Company (Adams, Daniel) |
Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Eastern Exterior Wall Systems, Inc. identifying Corporate Parent Marcon Enterprises, Inc. for Eastern Exterior Wall Systems, Inc. (ztc) |
Filing 1 PETITION TO COMPEL ARBITRATION filed by Eastern Exterior Wall Systems, Inc. (Attachments: #1 Notice of Motion, #2 Memorandum of Law, #3 Declaration, #4 Exhbit A, #5 Exhbit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Civil Cover Sheet) (ztc) (Filing fee $402 receipt number ANYNDC-6125490) |
TEXT NOTICE OF FILING DEFICIENCY as to Eastern Exterior Wall Systems, Inc. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: A Proposed Summons was not included with the Petition. Counsel is directed to file a proposed summons on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 12/13/2022 (ztc) |
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Petitioner: Eastern Exterior Wall Systems, Inc. | |
Represented By: | Daniel P. Adams |
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Respondent: Gilbane Construction Company | |
Represented By: | John W. Dreste |
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