Cieslak v. 222 Broadway, LLC. et al
| Romuald Cieslak |
| Zeckendorf Realty, LLC, WFP Tower D. Co., G.P. Corp., Ann Taylor Stores Corporation, Weston Solutions, Inc., Brookfield Financial Properties, LP., Merrill Lynch & Co. Inc., Brown Brothers Harriman & Co., Inc., WFP Tower D Holding I G.P. Corp., Toscorp. Inc., RJ Lee Group, Inc., WFP Tower B Co., G.P. Corp., GPS Environmental Consultants, Inc., 222 Broadway, LLC., 63 Wall Street Inc., WFP Tower D Co. L.P., Alan Kasman, Deutsche Bank Trust Corporation, Hillman Environmental Group, LLC, Board of Managers of The Hudson View East Condominium, Envirotech Clean Air, Inc., Bankers Trust Company, Nomura Securities International, Inc., Swiss Bank Corporation, Kasco Restoration Services Co., The Bank of New York Company, Inc., Hudson View Towers Associates, Hudson View East Condominium, AM Property Holding Corp., Structure Tone, (UK), Inc., WFP Tower B Holding Co., LP., Deutsche Bank Trust Company Americas, Tribeca North End LLC, Jones Lang Lasalle Americas, Inc., Jones Lang LaSalle Services, Inc., WFP Tower A Co., L.P., Brookfield Properties Holdings, Inc., St. Johns University, The City of New York, Maiden 80/90 LLC, Ambient Group, Inc., Structure Tone Global Services, Inc., Sakele Brothers LLC, R Y Management Co., Inc., Bankers Trust New York Corporation, The New York City Department of Education, WFP Tower D Holding Co. I.L.P., Bankers Trust Corporation, Nomura Holding America, Inc., WFP Tower D Holding Co. II L.P.,, Chase Manhattan Banking Corporation, WFP Tower B. Co. L.P., Brookfield Partners, LP., Brookfield Financial Properties, Inc., Tucker Anthony, Inc., WFP Tower A. Co. G.P. Corp., Blackmon-Mooring-Steamatic Catastophe Inc., Indoor Environmental Technology, Inc., Zeckendorf Realty, L.P., 63 Wall, Inc., One World Street Holdings, LLC, Brookfield Properties Corporation, Tishman Interiors Corporation and Cushman & Wakefield, Inc |
| 1:2006cv13479 |
| November 27, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alvin K Hellerstein |
| P.I.: Other |
| 49 U.S.C. § 40101 |
| Both |
Docket Report
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| Filing 104 NOTICE OF CHANGE OF ADDRESS by Andrew William Amend on behalf of Office of New York State Attorney General Eric. T. Schneiderman. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, NY, 10005, 212-416-8022. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Amend, Andrew) |
| Filing 103 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: All claims by Plaintiff(s) against Hillmann Entities including but not limited to Hillmann Environmental Group, LLC, arising out of or relating in any way to include all conduct, including, but not limited to, the debris handling, clean up, volunteer work, rescue/recovery operations, destruction or removal of documents and other physical objects, scanning and preservation of documents and other physical objects, testing, evaluation, abatement, remediation, construction, deconstruction, excavation, and demolition operations, at the premises located at 225 Liberty Street (Two World Financial Center) in New York, New York, on and/or after September 11, 2001 are voluntarily dismissed with prejudice; and The dismissal is without costs. (Signed by Judge Alvin K. Hellerstein on 7/14/2016) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:05-cv-06240-AKH, 1:05-cv-06285-AKH, 1:05-cv-06286-AKH, 1:06-cv-13479-AKH(tn) |
| Filing 102 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: All claims by Plaintiff(s) against Brookfield Office Properties Inc., Brookfield Asset Management Inc., Brookfield Properties OLP Co. LLC (f/k/a BFP One Liberty Plaza Co. LLC), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., Brookfield Properties One WFC Co. LLC (f/k/a WFP Tower A Co. L.P.), Brookfield Properties One WFC G.P. Corp.(f/k/a WFP Tower A Co. G.P. Corp.), WFP Tower B Co. L.P.; WFP Tower B. Co. G.P. LLC (f/k/a WFP Tower B Co. G.P. Corp.), BFP Tower C Co. LLC, BFP Tower C MM LLC, WFP Tower D Co. L.P., WFP Tower D. Co. G.P. LLC (f/k/a WFP Tower D Co. G.P. Corp.) and WFP Retail Co. L.P.; Battery Park City Authority; BMS Catastrophe, Inc. s/h/a Blackmon-Mooring-Steamatic Catastrophe, Inc. d/b/a BMS Catastrophe; Hillmann Entities including but not limited to Hillmann Environmental Group, LLC; and RBC Dain Rauscher Inc. f/k/a Tucker Anthony, Inc., arising out of or relating in any way to include all conduct, including, but not limited to, the debris handling, clean up, volunteer work, rescue/recovery operations, destruction or removal of documents and other physical objects, scanning and preservation of documents and other physical objects, testing, evaluation, abatement, remediation, construction, deconstruction, excavation, and demolition operations, at the premises located at One World Financial Center (200 Liberty Street) in New York, New York, on and/or after September 11, 2001 are voluntarily dismissed with prejudice; and The dismissal is without costs. (Signed by Judge Alvin K. Hellerstein on 6/30/2016) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:05-cv-06240-AKH, 1:05-cv-06285-AKH, 1:05-cv-06286-AKH, 1:06-cv-13479-AKH(tn) Modified on 7/6/2016 (tn). |
| Filing 101 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: All claims by Plaintiff(s) against The Bank Of New York Mellon Corporation, as successor to The Bank Of New York Company, Inc.; The Bank Of New York; One Wall Street Holdings LLC; 4101 Austin Blvd Corporation; and The Bank of New York Trust Company, N.A., arising out of or relating in any way to include all conduct, including, but not limited to, the debris handling, clean up, volunteer work, rescue/recovery operations, destruction or removal of documents and other physical objects, scanning and preservation of documents and other physical objects, testing, evaluation, abatement, remediation, construction, deconstruction, excavation, and demolition operations, at the premises located at the BNY Mellon Buildings (One Wall Street, 101 Barclay Street, and 234 Greenwich Street) in New York, New York, on and/or after September 11, 2001 are voluntarily dismissed with prejudice; and the dismissal is without costs. One World Street Holdings, LLC, and The Bank of New York Company Inc., terminated. (Signed by Judge Alvin K. Hellerstein on 4/4/2016) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:05-cv-06240-AKH, 1:05-cv-06285-AKH, 1:05-cv-06286-AKH, 1:06-cv-13479-AKH(tn) |
| Filing 100 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiffs on the attached Exhibit 1 and the following defendants for 222 Broadway: JPMorgan Chase & Co., incorrectly sued as CHASE MANHATTAN BANKING COMPANY AND MANUFACTURERS HANOVER TRUST COMPANY, that whereas no party hereto is an infant or an incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be and are hereby discontinued with prejudice, without costs or disbursements to either party as against the other. Chase Manhattan Banking Corporation terminated. (Signed by Judge Alvin K. Hellerstein on 1/22/2016) ***As per chambers, Filed In Associated Cases: 1:21-mc-00102-AKH et al.(tn) |
Filing 99
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiffs listed on the attached Schedule A, and the attorneys for defendants Merrill Lynch & Co., Inc., 222 Broadway, LLC and CAP, Inc. (collectively "Merrill Lynch"), Brookfield Financial Properties, Inc., Brookfield Financial Properties, L.P., WFP Tower B Co. L.P., WFP Tower B Co. GP Corp., WFP Tower D Co. L.P., WPP Tower D Co. GP Corp., and WFP Retail Co. LP. (collectively "Brookfield Entities") and Battery Park City Authority ("BPCA") in these actions, related to claims involving 225 Liberty Street (also known as 2 World Financial Center), 250 Vesey Street (also known as 4 World Financial Center), 222 Broadway (sometimes referred to as 214 Broadway), and 100 Church Street, New York, New York, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of this action, the matters (a) listed on Schedule A be and the same are hereby dismissed with prejudice as against the above-named Merrill Lynch, Brookfield Entities and BPCA parties and without costs to any party with respect to all claims that could have been brought in relation to (i) the existing pleadings of the Plaintiffs and/or (ii) any future injuries that are attributed to, or may be attributed to, the existing pleadings of the Plaintiffs, or to the facts or allegations relating to those existing pleadings of the Plaintiffs. So ordered. (Signed by Judge Alvin K. Hellerstein on 11/13/2015) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(mro)
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| Filing 98 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the above-referenced plaintiff and the following defendants for 63 Wall Street: 63 WALL STREET INC., 63 WALL, INC., and BROWN BROTHERS HARRIMAN & CO., INC. that whereas no party hereto is an infant or an incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be and are hereby discontinued with prejudice, without costs or disbursements to either party as against the other. Brown Brothers Harriman & Co., Inc., 63 Wall Inc. and 63 Wall Street Inc. terminated. (Signed by Judge Alvin K. Hellerstein on 9/22/2015) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:05-cv-06240-AKH, 1:05-cv-06285-AKH, 1:05-cv-06286-AKH, 1:06-cv-13479-AKH (tn) |
| Filing 97 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the Plaintiffs listed in Exhibit 1 and the following defendants for 250 South End Avenue: BATTERY PARK CITY AUTHORITY, BOARD OF MANAGERS OF THE HUDSON VIEW EAST CONDOMINIUM, HUDSON VIEW EAST CONDOMINIUM, HUDSON VIEW TOWERS ASSOCIATES, R Y MANAGEMENT CO., INC. that whereas no party hereto is an infant or an incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject mat1er of the action, the above entitled action be and are hereby discontinued with prejudice, without costs or disbursements to either party as against the other. (Signed by Judge Alvin K. Hellerstein on 9/22/2015) ***As per chambers, Filed In Associated Cases: 1:21-mc-00102-AKH and cases listed in Ex 1. (tn) |
| Terminate Transcript Deadlines (kko) |
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Filing 96
ORDER AND OPINION APPROVING SETTLEMENTS IN 82 CASES re: (5859 in 1:21-mc-00102-AKH) MOTION to Approve Settlement and Legal Fees filed by Various plaintiffs represented by Cannata/Grochow. Plaintiffs' motion to approve the settlements is GRANTED. The Clerk shall mark the motion (Doc. No. 5859) terminated. The approved settlement results in the resolution of all the claims brought by 81 of the 82 settling plaintiffs. Accordingly, the Clerk shall dismiss with prejudice the Complaints of the 81 plaintiffs and close the cases listed in Exhibit A, attached hereto, subject to restoration by any party in the event settlement is not finalized. The sole remaining plaintiff, Antoni Lysomirski, has settled with most, but not all, defendants against whom he filed claims. The settling and non-settling defendants in Lysomirski's case are identified in Exhibit B, attached hereto. The Clerk shall dismiss with prejudice Lysomirski's Complaint against the settling defendants identified in Exhibit B, subject to restoration by any party in the event settlement is not finalized. Lysomirski shall file an Amended Complaint by June 30, 2015, consistent with this Order and Opinion, dropping the settling defendants from the caption and the allegations, but retaining the paragraph numbering of the existing Complaint. Defendants' Answers need not be amended. (Signed by Judge Alvin K. Hellerstein on 6/9/2015) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(kko)
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Filing 95
ORDER COMPELLING SETTLEMENT MEDIATION CONFERENCES: that a settlement process is established for the remaining non-settled defendants, as identified on Exhibit A, in the 21-mc-102 docket. Counsel for plaintiffs and counsel for the non-settled defendants, along with representatives of their respective insurance carriers, who have the authority (but not the obligation) to settle as at the last made demand and/or offer, shall meet for settlement mediation conferences with the Special Masters. These mediation conferences will be held on February 25, 26, and 27, 2015; March 2, 3, 4, 5, 6, 2015; and March 9, 10, 11, 12 and 13, 2015. The in-person settlement mediation conferences shall be held at the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, NY 10007 in Courtroom 14D or such other rooms as shall be designated by the Court. The conference schedule is annexed hereto as Exhibit A; and as further set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 2/23/2015) As per chambers, Filed In Member Cases only: 1:21-mc-00102-AKH et al.(tn)
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| Filing 94 NOTICE OF ADOPTION OF MASTER ANSWER. Document filed by Indoor Environmental Technology, Inc.. (Pollack, David) |
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Filing 93
MEMO ENDORSEMENT on (5014 AFFIRMATION of Daniel S. Corde in Opposition in case 1:21-mc-00102-AKH). ENDORSEMENT: Mr. Corde's responses are accepted, and the Court's Order to show cause (doc. no. 5006) is terminated as to the Jones Hirsch law firm. (Signed by Judge Alvin K. Hellerstein on 3/24/2014) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(ft)
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Filing 92
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motion to Dismiss Plaintiffs' claims for failure to prosecute, filed and served on May 24, 2013, originally set for June 7, 2013, shall be and hereby extended for 7 days, and thus shall be filed and served on or before Friday, June 14, 2013. The Defendants Reply papers shall be filed and served on or before Friday June 21, 2013., ( Responses due by 6/14/2013., Replies due by 6/21/2013.) (Signed by Judge Alvin K. Hellerstein on 5/31/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(lmb)
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| Filing 91 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the Plaintiffs' Motion to Compel Defendant NYSE Euronext to appear for depositions, that was filed and served on May 14, 2013 is resolved as follows: Defendant NYSE Euronext will produce Antoine P. Sultana, Managing Director, Global Real Estate and Corporate Services, for a deposition pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure on June 3, 2013 at 10:00 AM at a location to be agreed upon by the parties. This deposition will continue day to day until completed. Plaintiffs' Motion to Compel Defendant NYSE Euronext to appear for depositions, that was filed and served on May 14, 2013 is withdrawn without prejudice. (Signed by Judge Alvin K. Hellerstein on 5/20/2013). Filed In Associated Cases: 1:21-mc-00102-AKH et al. (rjm) |
| Set/Reset Deadlines: Deposition due by 6/3/2013. Associated Cases: 1:21-mc-00102-AKH et al. (rjm) |
| Filing 90 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
| Filing 89 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2013. Redacted Transcript Deadline set for 5/16/2013. Release of Transcript Restriction set for 7/15/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
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Filing 88
NOTICE OF SUBSTITUTION: Please take notice, that McGivney & Kluger, P.C. 80 Broad Street, 23rd Floor, New York, New York 10004, has been substituted as counsel in place and stead of Callan, Koster, Brady & Brennan, LLP. as attorneys for defendants Hudson View East Condominium and Board of Managers of the Hudson View East Condominium in the 21 MC 102 Docket for the Civil Action Numbers listed in Exhibit "A" attached hereto. So Ordered (Signed by Judge Alvin K. Hellerstein on 3/7/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(js)
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| Filing 87 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/22/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/2/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
| Filing 86 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/16/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/26/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
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Filing 85
PROTECTIVE ORDER NO. 1 GOVERNING THE DISCLOSURE OF CONFIDENTIAL INFORMATION AND CONFIDENTIAL INSURANCE INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Alvin K. Hellerstein on 1/2/2013) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(djc)
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| Filing 84 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
| Filing 83 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/7/2013. Redacted Transcript Deadline set for 1/17/2013. Release of Transcript Restriction set for 3/18/2013.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Rodriguez, Somari) |
| Filing 82 TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) |
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Filing 81
MEMO-ENDORSEMENT: re: in case 1:04-cv-05338-AKH; denying (4073) Motion for Reconsideration in case 1:21-mc-00102-AKH. ENDORSEMENT: The motion is denied. These law suits, approximately 2,000 in number, cannot be prosecuted effectively unless liaison counsels direct costs are equitably shared on a current basis. My order of August 19, 2011 so provides. Movants argument based on consensus and inequitable and partial sharing is rejected. (Signed by Judge Alvin K. Hellerstein on 8/29/11) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(pl)
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| Filing 80 TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) |
| Filing 79 TRANSCRIPT of Proceedings re: Conference held on 8/2/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2011. Redacted Transcript Deadline set for 9/29/2011. Release of Transcript Restriction set for 11/28/2011.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(McGuirk, Kelly) |
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Filing 78
ORDER APPROVING SETTLEMENT WITH TAYLOR RECYCLING AND DISMISSING CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE: The Court has been advised that Plaintiffs' Liaison Counsel, Worby Groner Edelman & Napoli Bern, LLP, and counsel for Taylor Recycling, LLP, have reached a settlement of all claims against Taylor Recycling in the above-captioned cases. The Court has received a pair of stipulations to dismiss settled cases. I rule as follows. The Settlement with Taylor Recycling is Fair and Reasonable, and the Claims of the 1,802 Plaintiffs who Filed Proper Settlement Paperwork is Endorsed. The Complaints of 26 Derivative Plaintiffs who Alleged Claims Against Taylor Recycling, but who did not File Proper Settlement Paperwork, Are Dismissed Involuntarily for Failure to Prosecute. A group of Plaintiffs who had to cure their paperwork held claims against Taylor Recycling. I have been informed that 26 of these Plaintiffs have not cured the defects in their paperwork. Accordingly, I dismiss the complaints of these 26 Plaintiffs for failure to prosecute under Federal Rule of Civil Procedure 41(b). The dismissals are with prejudice. The list of 26 Plaintiffs is attached to this Order. One final point deserves notice. Plaintiffs' Liaison Counsel submitted a proposed stipulation dismissing these 26 Plaintiffs, which suggests the dismissals are voluntary, that is, specifically requested by each such Plaintiff. It seems that this is not the case. Liaison Counsel's stipulation and proposed order of dismissal is rejected, and is being returned. (Signed by Judge Alvin K. Hellerstein on 6/21/2011) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo)
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Filing 77
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James E. Tyrrell, Jr. dated 1/19/2011 re: Requesting an extension of time to object to the terms contained in the Order Accepting Report of Special Counsel and Providing for Effectiveness of Settlement. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/20/2011) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo)
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Filing 76
ORDER: On June 23, 2010, I entered Case Management Order Nos. 10, 7, and 2 in the 21 MC 100, 21 MC 102, and 21 MC 103 Consolidated Master Dockets, respectively. On October 27, 2010, I extended the potential expiration date of all three Case Management Orders to December 21, 2010. For the reasons stated on the record at the conference held on December 22, 2010, I hereby extend the December 21, 2010 deadline to February 2, 2011. (Signed by Judge Alvin K. Hellerstein on 12/28/10) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(db)
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Filing 75
ORDER ADJOURNING STATUS CONFERENCE 11/18/10 Status Conference reset for 12/3/2010 at 01:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 11/3/10) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(cd)
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| Filing 74 STIPULATION: It is hereby sitpulated and agreed by and between the parties, that with respect to the actions listed "Schedule A" attached hereto, that each claim, cross-claim and counter-claim asserted by and against Defendant Pinnacle Environmental Corp., only as to the claims being made as to the premises identified in the First Amended Master Complaint and individual; Check-off Complaint as 140 West Street, New York, NY 1007, shall be and are hereby discontinued without prejudice and without costs as to any party against the other. It is further stipulated and agreed that upon Amended Master Complaint and Amended Form Check-Off Complaint, Plaintiffs will remove all references to Defendant Pinnacle Environmental Corp. with regard to 140 West Street, New York, NY 10007. (Signed by Judge Alvin K. Hellerstein on 8/30/2010) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo) |
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Filing 73
ORDER SETTING STATUS CONFERENCE: Status Conference set for 8/19/2010 at 03:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 8/9/2010) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jpo)
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Filing 72
MEMO ENDORSEMENT ON NOTICE OF MOTION for Sanctions against the Worby Groner Edelman & Napoli Bern, LLP Firm in case 1:04-cv-05338-AKH; denying (3450) Motion for Sanctions in case 1:21-mc-00102-AKH. ENDORSEMENT: Motion for sanctions is denied. There has been no showing that a ruling in 21 MC 100 is applicable to litigation in 21 MC 102 or 21 MC 103. Defendants may consider filing a motion for injunction against plaintiff's splitting essentially the same courses of action: suing some defendants in federal court, and other defendants in state court. An Order to Show Course may be presented immediately following the oral arguments scheduled to be heard 7/28/09. (Signed by Judge Alvin K. Hellerstein on 7/24/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 71
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the Defendant, Battery Park City Authority's time to submit a Reply to its Motion to Dismiss Complaint which was filed and served on May 14, 2009, shall be and hereby is extended until July 24, 2009. (Signed by Judge Alvin K. Hellerstein on 7/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 70
STIPULATION AND ORDER, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motion to Dismiss Plaintiffs' Complaints on behalf of the Battery Park City Authority, filed and served on May 14, 2009, originally set for May 28, 2009, shall be and hereby is extended for 21 days, and thus shall be filed and served on or before Friday, June 19, 2009. SO ORDERED ( Responses due by 6/19/2009) (Signed by Judge Alvin K. Hellerstein on 5/28/2009) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jmi)
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Filing 69
ORDER. That the Defendant's motion to have Thomas R. Harrington, Esquire admitted to practice law in the United States District Court for the Southern District of New York pro hac vice in connection with the above-captioned case is GRANTED. Counsel is directed to immediately apply for an ECF password at www.nysd.uscourts.gov and shall forward the pro hac vice fee to the Clerk of the Court. THIS DOCUMENT APPLIES TO ALL CASES IN THE WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION IN WHICH AIG REALTY, INC., AMERICAN INTERNATIONAL GROUP, INC. AND AMERICAN INTERNATIONAL REALTY CORP. IS A DEFENDANT. Relates to 21mc102, 21mc103. granting (3250 in Case No. 21mc102) Motion for Thomas R. Harrington to Appear Pro Hac Vice in case 1:21-mc-00102-AKH. (Signed by Judge Alvin K. Hellerstein on 5/19/09). Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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| Filing 68 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the defendant's time to reply to plaintiffs' opposition to the Motion to Dismiss the First Amended Master Complaint by William F. Collins, AIA Architects, LLP, filed and served on October 31, 2008, and originally set for February 24, 2009 shall be and hereby is extended for an additional 7 days, and thus shall be filed and served on or before Tuesday, March 3, 2009. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION. (Signed by Judge Alvin K. Hellerstein on 2/25/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
| Filing 67 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the defendant's time to reply to plaintiffs' opposition to the Motion to Dismiss the First Amended Master Complaint by Syska Hennessy Group, Inc., filed and served on October 31, 2008, and originally set for February 24, 2009 shall be and hereby is extended for an additional 7 days, and thus shall be filed and served on or before Tuesday, March 3, 2009. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER LOWER MANHATTAN DISASTER SITE LITIGATION. (Signed by Judge Alvin K. Hellerstein on 2/26/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
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Filing 66
STIPULATION AND ORDER OF DISCONTINUANCE AS TO DEFENDANT UBS AG, AS SUCCESSOR- IN-INTEREST TO DEFENDANT SWISS BANK CORPORATION, ONLY by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action the above entitled action be, and the same hereby is discontinued, AS AGAINST DEFENDANT UBS AG, AS SUCCESSOR-IN- INTEREST TO DEFENDANT SWISS BANK CORPORATION, ONLY, without prejudice, without costs to either party as against the other. IT IS HEREBY FURTHER STIPULATED AND AGREED, that should facts or circumstances derived from future discovery or otherwise, come to light that indicates a relationship to the litigation and a basis of a claim against the defendant for whom this Stipulation is being entered, and/or should it come to light that the information provided by said defendant in support of it's request of discontinuance at this time be discerned in the future to have been inaccurate, false or misleading, plaintiff may re-assert it's claim against said defendant by motion, stipulation or otherwise, and without the necessity of additional service of process, and in no event will said defendant raise any statute of limitations defense other than as may have been asserted based upon the date or filing of the original action, at the time that the action was originally commenced against said defendant. This Stipulation may be filed without further notice with the Clerk of the Court and defendant will obtain, if necessary, any Judicial "So Order" of this Stipulation and any other signatory if necessary. (Signed by Judge Alvin K. Hellerstein on 2/19/2009) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:06-cv-05335-AKH, 1:06-cv-13479-AKH(jmi) Modified on 2/20/2009 (jmi).
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| Filing 65 CONSENT TO CHANGE ATTORNEY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendant WILLIAM F. COLLINS, AIA ARCHITECTS. LLP i/s/h/a WILLIAM F. COLLINS ARCHITECTS in the above~captioned action as of this date, in place and instead of Donovan Hatem LLP. Attorney David M. Pollack for William F. Collins, William F. Collins Architects, added. This Document relates to All World Trade Center Disaster Site Litigation. Also Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/13/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
| Filing 64 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel that the Defendant's Syska Hennessy Group, Inc., Motion to Dismiss the First Amended Master Complaint, filed and served on October 31, 2008. is amended to include the new and/or amended complaints listed in the attached service riders, as well as any future new and/or amended complaints served upon Syska Hennessy Group, Inc. This Document Applies to All World Trade Center Lower Manhattan Disaster Site Litigation. Also 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
| Filing 63 STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel that the Defendant's William F. Collins, AIA Architects LLP, Motion to Dismiss the First Amended Master Complaint, filed and served on October 31, 2008. is amended to include the new and/or amended complaints listed in the attached service riders, as well as any future new and/or amended complaints served upon William F. Collins, AIA Architects, LLP. This Document Applies to All World Trade Center Lower Manhattan Disaster Site Litigation. Also 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/7/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
| Filing 62 CONSENT TO CHANGE ATTORNEY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendant SYSKA HENNESSY GROUP, Inc. s/h/a SYSKA AND HENNESSY in the above-captioned action as of this date, in place and instead of Donovan Hatem LLP.THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER DISASTER SITE LITIGATION. Also Relates to 21mc102, 21mc103. Attorney David M. Pollack for Syska and Hennesy added. (Signed by Judge Alvin K. Hellerstein on 1/5/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
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Filing 61
STIPULATION AND ORDER Consent to Change Attorney. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that Lewis Brisbois Bisgaard & Smith, LLP be substituted as counsel for Defendants, ACTA Realty Corp. and 25 Broadway Office Properties, LLC, in the above-captioned action as of this date, in place and instead of Donovan Hatem LLP. Attorney David M. Pollack for 25 Broadway Office Properties LLC, ACTA Realty Corp. added. THIS DOCUMENT APPLIES TO ALL WORLD TRADE CENTER DISASTER SITE LITIGATION. Also Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 1/5/09) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 60
ORDER DIRECTING PRODUCTION OF VICTIMS COMPENSATION FUND RECORDS... ORDERED that, pursuant to 5 U.S.C. 552a(b)(11), the USDOJ shall cooperate and make all reasonable efforts to make available and produce the VCF Claimant List. For every individual who has submitted an application and other material to the VCF seeking compensation for death or personal injury, the VCF Claimant List will set forth the claimant's and/or decedent's full name; and it is FURTHER ORDERED that, upon receipt of the VCF Claimant List from USDOJ, the Parties shall, upon request, provide copies of same to any other Co-Liaison Counsel in both 21 MC 100, 21 MC 102 and 21 MC103 matters; and it is FURTHER ORDERED that, the VCF Claimant List produced by the USDOJ to the Parties under this Order shall be held in the strictest confidence, used only for purposes of the above-captioned litigations, not divulged to any third party, either in whole or in part, without the express written permission of this Court, and not filed with the Court unless under seal or with the Court's express written permission; and it is FURTHER ORDERED that, upon final resolution of all matters contained within the 21 MC 100, 21 MC 102, and 21 MC 103 litigations, the VCF Claimant List produced by the USDOJ to any party's counsel under this Order, shall be returned to the USDOJ within ninety (90) days or destroyed. This Document applies to All World Trade Center Disaster Site Litigation. Also applies to 21mc 100, 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 12/30/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 59
ORDER DIRECTING PRODUCTION OF VICTIMS COMPENSATION FUND RECORDS... ORDERED that, pursuant to 5 U.S.C. 552a(b)(11), the USDOJ shall cooperate and make all reasonable efforts to make available and produce the VCF Claimant List. For every individual who has submitted an application and other material to the VCF seeking compensation for death or personal injury, the VCF Claimant List will set forth the claimant's and/or decedent's full name; and it is FURTHER ORDERED that, upon receipt of the VCF Claimant List from USDOJ, the Parties shall, upon request, provide copies of same to any other Co-Liaison Counsel in both 21 MC 100, 21 MC 102 and 21 MC103 matters; and it is FURTHER ORDERED that, the VCF Claimant List produced by the USDOJ to the Parties under this Order shall be held in the strictest confidence, used only for purposes of the above-captioned litigations, not divulged to any third party, either in whole or in part, without the express written permission of this Court, and not filed with the Court unless under seal or with the Court's express written permission; and it is FURTHER ORDERED that, upon final resolution of all matters contained within the 21 MC 100, 21 MC 102, and 21 MC 103 litigations, the VCF Claimant List produced by the USDOJ to any party's counsel under this Order, shall be returned to the USDOJ within ninety (90) days or destroyed. This Document applies to All World Trade Center Disaster Site Litigation. Also applies to 21mc 100, 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 12/30/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 58
STIPULATION AND ORDER SUBSTITUTING COUNSEL. IT IS HEREBY STIPULATED AND AGREED THAT Cozen O'Connor, with offices at 45 Broadway Atrium, 16th Floor, New York, New York 10006, telephone number (212) 509-9400, be substituted as counsel of record for defendant TRC Engineers, Inc. in the above-entitled action in the place and stead of the undersigned attorneys. This document applies to All Cases in the World Trade Center Lower Manhattan Disaster Site Litigation in which TRC Engineers, Inc. is a defendant., Motions terminated: (2930 in 1:21-mc-00102-AKH) CONSENT MOTION to Substitute Attorney. Old Attorney: Whiteman Osterman & Hanna, LLP, New Attorney: Cozen O'Connor. filed by TRC Engineers, Inc. (Signed by Judge Alvin K. Hellerstein on 12/3/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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| Filing 57 STIPULATION IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the parties' counsel, that the plaintiffs' time to respond to the Motions to Dismiss the First Amended Master Complaint by Syska Hennessy Group, Inc. and William F. Collins, AlA Architects, LLP, filed and served on October 31, 2008, originally set for November 14, 2008, shall be and hereby is extended for 60 days, and thus shall be filed and served on or before Tuesday, January 13,2009 with defendants' Reply papers to be tiled and served on or before Thursday February 12, 2009., Set Deadlines/Hearing as to (2997 in 1:21-mc-00102-AKH) MOTION to Dismiss the First Amended Master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)., (2993 in 1:21-mc-00102-AKH) MOTION to Dismiss the First Amended master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). MOTION to Dismiss the First Amended master Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). :( Responses due by 1/13/2009, Replies due by 2/12/2009.). Relates to 21mc102, 21mc103. (Signed by Judge Alvin K. Hellerstein on 11/7/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm) |
| Filing 56 NOTICE OF CHANGE OF ADDRESS by Kevin Gerard Horbatiuk on behalf of The Board of Managers of The One Liberty Plaza Condominium BFP One Liberty Plaza Co. LLC. New Address: Russo, Keane & Toner, LLP, 33 Whitehall Street, 16th Floor, New York, New York, USA 10004, 212-482-0001. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Horbatiuk, Kevin) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 2929 in 1:21-mc-102 Motion for Extension of Time to File Answer HAS BEEN REJECTED. Note to Attorney David Pollack : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(jar) |
| Filing 55 FIRST MOTION for Extension of Time to File Answer on behalf of William F. Collins Architects. Document filed by Syska and Hennessy.Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Pollack, David) |
| Filing 54 STIPULATION OF DISCONTINUANCE AS TO DEFENDANT(s) Cushman & Wakefield, Inc. and Cushman & Wakefield 111 Wall Inc., only... that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above action is discontinued against Defendants Cushman & Wakefield, Inc. and Cushman & Wakefield 111 Wall Inc. only without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation of discontinuance. This Document relates to 21mc102, 06-13479, 06-1927, 06-5291. (Signed by Judge Alvin K. Hellerstein on 9/19/08) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:06-cv-13479-AKH(rjm) |
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Filing 53
CASE MANAGEMENT ORDER NO. 6 Regarding the procedures to be followed that shall govern the handling of this Case Management Order No. 6. (Signed by Judge Alvin K. Hellerstein on 5/6/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 52
(DUPLICATE) CASE MANAGEMENT ORDER NO. 5 (AMENDING THE MASTER COMPLAINT AND CHECK-OFF COMPLAINT). Leave is hereby granted for the filing of the First Amended Master Complaint and First Amended Check-Off Complaint in this Litigation... and as further set forth regarding the procedures to be followed that shall govern the handling of this Case Management Order No. 5. This Document Applies to All In Re World Trade Center Lower Manhattan Disaster Site Litigation. (Signed by Judge Alvin K. Hellerstein on 3/28/08) (Attachments: #1 Exhibit A to Case Management Order # 5, #2 Exhibit B to Case Management Order # 5) Filed in ALL Associated Cases: 1:21-mc-00102-AKH et al.(db)
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| Filing 51 STIPULATION. It is hereby stipulated and agreed by and between counsel for the parties in cases 07-8722, 07,5701, and 07,8721 that these cases which were filed by plaintiffs in 21mc100 are hereby transferred from 21mc100 to 21mc102 for all purposes. This Document also relates to 07-8722, 07-5701, 07-8721 as well as member cases for 21mc102. (Signed by Judge Alvin K. Hellerstein on 3/14/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al. (rjm) |
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Filing 50
STIPULATION AND ORDER OF DISCONTINUANCE... that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the actions, the above actions listed on Schedule A are discontinued without prejudice against Verizon New York Inc., only, without costs to either party as against the other... and as further set forth in said stipulation and order. This Document relates to claims against Verizon New York Inc. only in: All Cases listed in Schedule A. (Signed by Judge Alvin K. Hellerstein on 2/6/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 49
STIPULATION OF DISCONTINUANCE AND COURT ORDER... that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the actions, the above actions listed on Schedule A are discontinued without prejudice as against The Bank of New York Mellon Corporation, as successor to The Bank of New York Company, Inc., The Bank of New York, One Wall Street Holding LLC, 4101 Austin Blvd. Corporation and The Bank of New York Trust Company, N.A., and as to the 130 Liberty Street locations only, without costs to either party as against the other... and as further set forth in said stipulation of discontinuance. (Signed by Judge Alvin K. Hellerstein on 1/28/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 48
STIPULATION AND ORDER OF DISCONTINUANCE that each claim, cross-claim, and counter-claim asserted by and against -Brookfield Properties Holdings Inc.- only, shall be discontinued without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation of discontinuance. (Signed by Judge Alvin K. Hellerstein on 1/3/08) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 47
STIPULATION AND ORDER OF DISCONTINUANCE that each claim, cross-claim, and counter-claim asserted by and against defendants -Zeckendorf Realty LP and Zeckendorf Realty LLC-, shall be discontinued without prejudice... and without costs to any party as against the other in the actions listed... and as further set forth in said stipulation of discontinuance. This Document relates to 06-13479, 06-5289, 06-5291, 06-5344, 05-2666, 06-1519, 06-5342, 06-4171, 06-1520. (Signed by Judge Alvin K. Hellerstein on 11/14/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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| Filing 46 NOTICE of Notice of Adoption To Master Complaint. Document filed by Ann Taylor Stores Corporation. (Joyce, William) |
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Filing 45
STIPULATION AND ORDER OF DISMISSAL that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above action is discontinued against - Verizon Properties Inc. only- without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation and order of dismissal. (Signed by Judge Alvin K. Hellerstein on 10/15/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 44
STIPULATION AND ORDER OF DISMISSAL that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above action is discontinued against -Verizon Communications Inc. only- without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation and order of dismissal. (Signed by Judge Alvin K. Hellerstein on 10/15/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 43
STIPULATION AND ORDER OF DISCONTINUANCE that each claim, cross-claim, and counter-claim asserted by and against defendant RJ Lee Group, Inc., only, shall be discontinued without prejudice... and without costs to any party as against the other... and as further set forth in said stipulation of discontinuance. (Signed by Judge Alvin K. Hellerstein on 10/2/07) Filed In Associated Cases: 1:21-mc-00102-AKH, 1:06-cv-13479-AKH(rjm)
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| Filing 42 CERTIFICATE OF SERVICE of Notice of Adoption of Answer to Master Complaint served on attorney for Romuald Cieslak on September 18, 2007. Service was accepted by William J. Dubanevich, Esq.. Service was made by Mail. Document filed by Blackmon-Mooring-Steamatic Catastophe Inc.. (Keenan, Frank) |
| Filing 41 NOTICE of Notice of Adoption of Answer to Master Complaint. Document filed by Blackmon-Mooring-Steamatic Catastophe Inc.. (Keenan, Frank) |
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Filing 40
ORDER in case 1:04-cv-09003-AKH; granting (490) Motion for Anita B. Weinstein to Appear Pro Hac Vice in case 1:21-mc-00102-AKH. (Signed by Judge Alvin K. Hellerstein on 9/5/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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Filing 39
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney W. Steve Berman for Worby Groner Edelman & Napoli Bern, LLP admitted Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 9/5/07) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(rjm)
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| Filing 38 STIPULATION OF DISCONTINUANCE as to Defendant, New York City Economic Development Corporation Only: each claim, cross-claim and counter-claim asserted by and against defendant New York City Economic Development Corporation, only as to the claims being made as to the premises located at One Liberty Plaza, New York, New York and 76/78 Trinity Place, New York, New York are discontinued without prejudice and without costs to any party as against the other. (Signed by Judge Alvin K. Hellerstein on 8/7/2007) Filed In Associated Cases: 1:21-mc-00102-AKH et al.(kkc) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: (122 in 1:21-mc-00102-AKH) MOTION to Stay all claims against Verizon New York Inc. in 21 MC 103 and to confirm the stay against Verizon New York Inc. in 21 MC 103. (Filing Fee $ 39.00.) MOTION to Stay all claims against Verizon New York Inc. in 21 MC 103 and to confirm the stay against Verizon New York Inc. in 21 MC 103. (Filing Fee $ 39.00.). Document filed by Verizon New York Inc.. Filed In Associated Cases: 1:21-mc-00102-AKH et al.(Grochow, Robert) |
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Filing 36
CASE MANAGEMENT ORDER No. 4 (this document applies to all cases): Plaintiffs Master Complaint is filed as part of this Order under docket number 21-MC-102. The Master Complaint contains allegations that may be suitable for incorporation by reference in individual cases. The Master Complaint shall apply to all cases filed before or after the entry of this Order. Plaintiffs format for the Check-Off Complaint is filed as part of this Order under docket number 21-MC-102... The Check-Off Complaint contains allegations that may be suitable for individual cases. The Check-Off Complaint shall be used in all cases filed before or after entry of this Order and shall be utilized as the format for all actions to be filed by all Plaintiffs... Consolidation is hereby ordered as to Check-Off Complaints filed pursuant to the Courts June 4, 2007 Order and March 21, 2007 Case Management Order No. 3, and the Clerk of the Court is so advised. Leave is hereby granting for filing a Check-Off Complaint under the earliest civil action number, as indicated above... Every Plaintiff commencing an action after the entry of this Order shall do so by the filing of a Summons and Check-Off Complaint in accordance with the Federal Rules of Civil Procedure or as otherwise required by the terms of this Order or subsequent Case Management Orders entered in 21-MC-102... Except as the Court may otherwise establish by separate motion schedule, each Defendant or group of Defendants shall answer, move or otherwise respond to the Master Complaint by August 3, 2007. Defendants are granted leave to file motions, through liaison counsel, pursuant to Rule 12 of the Federal Rules of Civil Procedure... Plaintiffs and Defendants Liaison Counsel are hereby directed to provide a copy of this Order to all counsel who have appeared in these actions for Plaintiffs and Defendants, respectively... Discovery is not stayed, and may commence at any time consistent with the Federal Rules of Civil Procedure. The Court declines to appoint a Special Master at this time. (Signed by Judge Alvin K. Hellerstein on 6/29/2007) (Attachments: #1 Appendix A#2 Appendix B#3 Appendix C)Filed In Associated Cases: 1:21-mc-00102-AKH et al.(kkc)
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| Filing 35 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of Ann Taylor Stores Corporation (Attachments: #1 Affidavit Affidavit of Service)(Halbardier, Suzanne) |
| Filing 34 ANSWER to Complaint., CROSSCLAIM against all defendants. Document filed by RJ Lee Group, Inc..(Rutherford, David) |
| Filing 33 AFFIDAVIT OF SERVICE. Structure Tone Global Services, Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Nora Dindyal. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 32 AFFIDAVIT OF SERVICE. Structure Tone, (UK), Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Nora Dindyal. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 31 AFFIDAVIT OF SERVICE. Blackmon-Mooring-Steamatic Catastophe Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Nora Dindyal. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 30 AFFIDAVIT OF SERVICE. Nomura Securities International, Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Nora Dindyal. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 29 AFFIDAVIT OF SERVICE. Cushman & Wakefield, Inc served on 2/27/2007, answer due 3/19/2007. Service was accepted by Nora Dindyal. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 28 AFFIDAVIT OF SERVICE. Brown Brothers Harriman & Co., Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Johnny Mejia. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 27 AFFIDAVIT OF SERVICE. Chase Manhattan Banking Corporation served on 2/27/2007, answer due 3/19/2007. Service was accepted by Carl Delvecchio. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 26 AFFIDAVIT OF SERVICE. R Y Management Co., Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Dan McCaffery. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 25 AFFIDAVIT OF SERVICE. Zeckendorf Realty, LLC served on 2/27/2007, answer due 3/19/2007. Service was accepted by Balrette Krohl. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 24 AFFIDAVIT OF SERVICE. Zeckendorf Realty, L.P. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Balrette Krohl. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 23 AFFIDAVIT OF SERVICE. Tishman Interiors Corporation served on 2/27/2007, answer due 3/19/2007. Service was accepted by Marlene Galarza. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 22 AFFIDAVIT OF SERVICE. Ambient Group, Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Hish W. Ceuz. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 21 AFFIDAVIT OF SERVICE. Ann Taylor Stores Corporation served on 2/27/2007, answer due 3/19/2007. Service was accepted by Jessica Canutte. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 20 AFFIDAVIT OF SERVICE. Deutsche Bank Trust Company Americas served on 2/23/2007, answer due 3/15/2007. Service was accepted by John Nidhiy. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 19 AFFIDAVIT OF SERVICE. Swiss Bank Corporation served on 2/28/2007, answer due 3/20/2007. Service was accepted by Joy Kim. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 18 AFFIDAVIT OF SERVICE. AM Property Holding Corp. served on 2/28/2007, answer due 3/20/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 17 AFFIDAVIT OF SERVICE. Toscorp. Inc. served on 2/28/2007, answer due 3/20/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 16 AFFIDAVIT OF SERVICE. 63 Wall, Inc. served on 2/28/2007, answer due 3/20/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 15 AFFIDAVIT OF SERVICE. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 14 AFFIDAVIT OF SERVICE. Jones Lang LaSalle Services, Inc. served on 2/26/2007, answer due 3/19/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 13 AFFIDAVIT OF SERVICE. Jones Lang Lasalle Americas, Inc. served on 2/26/2007, answer due 3/19/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 12 AFFIDAVIT OF SERVICE. Tucker Anthony, Inc. served on 2/26/2007, answer due 3/19/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 11 AFFIDAVIT OF SERVICE. GPS Environmental Consultants, Inc. served on 2/26/2007, answer due 3/19/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 10 AFFIDAVIT OF SERVICE. Weston Solutions, Inc. served on 2/26/2007, answer due 3/19/2007. Service was accepted by Donna Christie. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 9 AFFIDAVIT OF SERVICE. Indoor Environmental Technology, Inc. served on 2/28/2007, answer due 3/20/2007. Service was accepted by Harriet Windsor. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 8 AFFIDAVIT OF SERVICE. Hillman Environmental Group, LLC served on 2/27/2007, answer due 3/19/2007. Service was accepted by John Glass. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 7 AFFIDAVIT OF SERVICE. Envirotech Clean Air, Inc. served on 2/27/2007, answer due 3/19/2007. Service was accepted by Daniel Greenblatt. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 6 AFFIDAVIT OF SERVICE. RJ Lee Group, Inc. served on 3/1/2007, answer due 3/21/2007. Service was accepted by Patricia Cutshall. Document filed by Romuald Cieslak. (Grochow, Robert) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by Blackmon-Mooring-Steamatic Catastophe Inc..(Keenan, Frank) |
| Filing 4 AFFIDAVIT OF SERVICE of Answer to Complaint, Jury Demand and Federal Rule 7.1 served on Robert A. Grochow on March 14, 2007. Service was made by mail. Document filed by Blackmon-Mooring-Steamatic Catastophe Inc.. (Keenan, Frank) |
| Filing 3 ANSWER to Complaint., CROSSCLAIM against The Bank of New York Company, Inc., One World Street Holdings, LLC, Bankers Trust Company, Bankers Trust New York Corporation, Bankers Trust Corporation, Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Jones Lang Lasalle Americas, Inc., Jones Lang LaSalle Services, Inc., Ambient Group, Inc., RJ Lee Group, Inc., Tishman Interiors Corporation, Hudson View Towers Associates, Hudson View East Condominium, Board of Managers of The Hudson View East Condominium, R Y Management Co., Inc., Zeckendorf Realty, L.P., Zeckendorf Realty, LLC, Tribeca North End LLC, The City of New York, Romuald Cieslak, The New York City Department of Education, Maiden 80/90 LLC, AM Property Holding Corp., 63 Wall, Inc., 63 Wall Street Inc., Brown Brothers Harriman & Co., Inc., Brookfield Properties Corporation, Brookfield Financial Properties, LP., Brookfield Financial Properties, Inc., Brookfield Properties Holdings, Inc., Brookfield Partners, LP., WFP Tower A Co., L.P., WFP Tower A. Co. G.P. Corp., WFP Tower B. Co. L.P., WFP Tower B Co., G.P. Corp., WFP Tower B Holding Co., LP., Merrill Lynch & Co. Inc., 222 Broadway, LLC., Nomura Holding America, Inc., Nomura Securities International, Inc., Toscorp. Inc., Hillman Environmental Group, LLC, Ann Taylor Stores Corporation, Tucker Anthony, Inc., WFP Tower D Co. L.P., WFP Tower D. Co., G.P. Corp., WFP Tower D Holding I G.P. Corp., WFP Tower D Holding Co. I.L.P., Swiss Bank Corporation, WFP Tower D Holding Co. II L.P.,, Weston Solutions, Inc., GPS Environmental Consultants, Inc., Indoor Environmental Technology, Inc., Structure Tone, (UK), Inc., Structure Tone Global Services, Inc., Envirotech Clean Air, Inc., Alan Kasman, Kasco Restoration Services Co., Cushman & Wakefield, Inc, Chase Manhattan Banking Corporation, Sakele Brothers LLC, St. Johns University. Document filed by Blackmon-Mooring-Steamatic Catastophe Inc..(Keenan, Frank) |
| Filing 2 NOTICE OF APPEARANCE by Suzanne M. Halbardier on behalf of Structure Tone, (UK), Inc., Structure Tone Global Services, Inc. (Halbardier, Suzanne) |
| Filing 1 COMPLAINT against The Bank of New York Company, Inc., One World Street Holdings, LLC, Bankers Trust Company, Bankers Trust New York Corporation, Bankers Trust Corporation, Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Jones Lang Lasalle Americas, Inc., Jones Lang LaSalle Services, Inc., Ambient Group, Inc., RJ Lee Group, Inc., Tishman Interiors Corporation, Hudson View Towers Associates, Hudson View East Condominium, Board of Managers of The Hudson View East Condominium, R Y Management Co., Inc., Zeckendorf Realty, L.P., Zeckendorf Realty, LLC, Tribeca North End LLC, The City of New York, The New York City Department of Education, Maiden 80/90 LLC, AM Property Holding Corp., 63 Wall, Inc., 63 Wall Street Inc., Brown Brothers Harriman & Co., Inc., Brookfield Properties Corporation, Brookfield Financial Properties, LP., Brookfield Financial Properties, Inc., Brookfield Properties Holdings, Inc., Brookfield Partners, LP., WFP Tower A Co., L.P., WFP Tower A. Co. G.P. Corp., WFP Tower B. Co. L.P., WFP Tower B Co., G.P. Corp., WFP Tower B Holding Co., LP., Merrill Lynch & Co. Inc., 222 Broadway, LLC., Nomura Holding America, Inc., Nomura Securities International, Inc., Toscorp. Inc., Hillman Environmental Group, LLC, Ann Taylor Stores Corporation, Tucker Anthony, Inc., WFP Tower D Co. L.P., WFP Tower D. Co., G.P. Corp., WFP Tower D Holding I G.P. Corp., WFP Tower D Holding Co. I.L.P., Swiss Bank Corporation, WFP Tower D Holding Co. II L.P.,, Weston Solutions, Inc., GPS Environmental Consultants, Inc., Indoor Environmental Technology, Inc., Blackmon-Mooring-Steamatic Catastophe Inc., Structure Tone, (UK), Inc., Structure Tone Global Services, Inc., Envirotech Clean Air, Inc., Alan Kasman, Kasco Restoration Services Co., Cushman & Wakefield, Inc, Chase Manhattan Banking Corporation, Sakele Brothers LLC, St. Johns University. (Filing Fee $ 350.00, Receipt Number 597920)Document filed by Romuald Cieslak.(mbe, ) |
| SUMMONS ISSUED as to The Bank of New York Company, Inc., One World Street Holdings, LLC, Bankers Trust Company, Bankers Trust New York Corporation, Bankers Trust Corporation, Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Jones Lang Lasalle Americas, Inc., Jones Lang LaSalle Services, Inc., Ambient Group, Inc., RJ Lee Group, Inc., Tishman Interiors Corporation, Hudson View Towers Associates, Hudson View East Condominium, Board of Managers of The Hudson View East Condominium, R Y Management Co., Inc., Zeckendorf Realty, L.P., Zeckendorf Realty, LLC, Tribeca North End LLC, The City of New York, The New York City Department of Education, Maiden 80/90 LLC, AM Property Holding Corp., 63 Wall, Inc., 63 Wall Street Inc., Brown Brothers Harriman & Co., Inc., Brookfield Properties Corporation, Brookfield Financial Properties, LP., Brookfield Financial Properties, Inc., Brookfield Properties Holdings, Inc., Brookfield Partners, LP., WFP Tower A Co., L.P., WFP Tower A. Co. G.P. Corp., WFP Tower B. Co. L.P., WFP Tower B Co., G.P. Corp., WFP Tower B Holding Co., LP., Merrill Lynch & Co. Inc., 222 Broadway, LLC., Nomura Holding America, Inc., Nomura Securities International, Inc., Toscorp. Inc., Hillman Environmental Group, LLC, Ann Taylor Stores Corporation, Tucker Anthony, Inc., WFP Tower D Co. L.P., WFP Tower D. Co., G.P. Corp., WFP Tower D Holding I G.P. Corp., WFP Tower D Holding Co. I.L.P., Swiss Bank Corporation, WFP Tower D Holding Co. II L.P.,, Weston Solutions, Inc., GPS Environmental Consultants, Inc., Indoor Environmental Technology, Inc., Blackmon-Mooring-Steamatic Catastophe Inc., Structure Tone, (UK), Inc., Structure Tone Global Services, Inc., Envirotech Clean Air, Inc., Alan Kasman, Kasco Restoration Services Co., Cushman & Wakefield, Inc, Chase Manhattan Banking Corporation, Sakele Brothers LLC, St. Johns University. (mbe, ) |
| Magistrate Judge Theodore H. Katz is so designated. (mbe, ) |
| CONSOLIDATED MEMBER CASE: Case consolidated with 21-MC-102. (mbe, ) |
| CASE ACCEPTED AS RELATED TO 21-MC-102. (mbe, ) |
| Case Designated ECF. (mbe, ) |
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