Dwyer v. Goldman Sachs Headquarters LLC et al

Justia Dockets & Filings Second Circuit New York Southern District Dwyer v. Goldman Sachs Headquarters LLC et al

Dwyer v. Goldman Sachs Headquarters LLC et al

Plaintiff:	Joseph Dwyer
Defendant:	MP Liberty LLC, Adco Electrical Corp. and Plaza Construction Corp.
3Rd Party Plaintiff:	Goldman Sachs Headquarters LLC and Structure-Tone, Inc.
Cross Defendant:	Unity Electric Co. Inc.
Counter Defendant:	OH&M Electrical Corp. and Structure Tone, Inc.
Case Number:	1:2009cv07498
Filed:	August 27, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Frank Maas
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 pi
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on June 26, 2012. A more recent docket listing may be available from PACER.

Date Filed	Document Text
June 26, 2012	Filing 104 ORDER: All issues having been resolved, the Clerk of the Court is requested to close this case. (Signed by Magistrate Judge Frank Maas on 6/25/2012) (pl)
June 25, 2012	Filing 103 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Scott H. Stopnik dated 6/22/2012 re: This shall serve to inform the Court that we have reached a settlement in connection with OH&M's obligation to reimburse defense costs and disbursements in the amount of... The appropriate release and closing papers are in the process of being prepared. Accordingly, it appears that the Court conference currently scheduled to take place on June 26, 2012 is no longer necessary. ENDORSEMENT: The conference is canceled. (Signed by Magistrate Judge Frank Maas on 6/22/2012) (djc)
June 6, 2012	Set/Reset Hearings: Status Conference set for 6/26/2012 at 02:00 PM before Magistrate Judge Frank Maas. (mro)
June 6, 2012	Filing 102 ORDER: Pursuant to the telephone conference held earlier today, it is hereby ORDERED that: 1. A conference shall be held on June 26, 2012, at 2 p.m., in Courtroom 20A. That conference shall be attended by one or more persons from Utica Insurance Company with the authority to authorize payment up to the amount of the defense fees and disbursements claimed by the indemnitees in connection with this litigation. 2. By June 12, 2012, Utica Insurance Company shall extend an offer for reimbursement that includes an explanation of any deductions made to the amount of reimbursement requested. (Signed by Magistrate Judge Frank Maas on 6/4/2012) Copies Mailed by Chambers.(mro)
June 4, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/4/2012. (djc)
May 23, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/23/2012. (js)
April 10, 2012	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 4/10/2012. (js)
April 4, 2012	Filing 101 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Norman E. Frowley dated 4/4/2012 re: Please be advised that the parties have reached a settlement of plaintiff's claims and therefore a trial on plaintiff's liability and damages claims will not be necessary. ENDORSEMENT: In light of this letter, all of the claims remaining in this action are dismissed with prejudice, other than the claim of contractual indemnification. Counsel (other than plaintiff's counsel) are directed to place a conference call to Chambers on 4/10/12 at 10 am to discuss that claim. (Signed by Magistrate Judge Frank Maas on 4/4/2012) (lmb)
April 4, 2012	Set/Reset Hearings: Telephone Conference set for 4/10/2012 at 10:00 AM before Magistrate Judge Frank Maas. (lmb)
April 2, 2012	Filing 100 Exhibit List. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc., Unity Electric Co. Inc..(Morse, Daniel)
April 2, 2012	Filing 99 Exhibit List Supplemental. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 30, 2012	Filing 98 Exhibit List. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 30, 2012	Filing 97 Exhibit List. Document filed by OH&M Electrical Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Bruckner, James)
March 26, 2012	Filing 96 WITNESS LIST. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 9, 2012	Filing 95 WITNESS LIST. Document filed by OH&M Electrical Corp..(Bruckner, James)
March 9, 2012	Filing 94 REQUEST TO CHARGE. Document filed by OH&M Electrical Corp..(Bruckner, James)
March 9, 2012	Filing 93 WITNESS LIST. Document filed by OH&M Electrical Corp..(Bruckner, James)
March 9, 2012	Filing 92 PROPOSED VOIR DIRE QUESTIONS. Document filed by OH&M Electrical Corp..(Bruckner, James)
March 9, 2012	Filing 91 WITNESS LIST. Document filed by OH&M Electrical Corp..(Bruckner, James)
March 8, 2012	Filing 90 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from James D Bruckner dated 3/8/2012 re: Unavailable 4/18 through 4/20/12 re 4/10/2012 trial. ENDORSEMENT: I have allotted 3 days for this trial and certainly do not anticipate that it will continue until 4/18. in the unlikely event that it does, however, Mr. Bruckner will be expected to be in attendance, the Fire District business not withstanding. (Signed by Magistrate Judge Frank Maas on 3/8/2012) (cd)
March 8, 2012	Filing 89 WITNESS LIST. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc., Unity Electric Co. Inc..(Morse, Daniel)
March 8, 2012	Filing 88 PROPOSED VOIR DIRE QUESTIONS. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc., Unity Electric Co. Inc..(Morse, Daniel)
March 8, 2012	Filing 87 PROPOSED JURY INSTRUCTIONS. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc., Unity Electric Co. Inc..(Morse, Daniel)
March 8, 2012	Filing 86 AGREEMENT FOR VERDICT by Jury of Less than Six Members. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 8, 2012	Filing 85 REQUEST TO CHARGE. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 8, 2012	Filing 84 WITNESS LIST. Document filed by Joseph Dwyer.(Jaroslawicz, David)
March 8, 2012	Filing 83 PROPOSED VOIR DIRE QUESTIONS. Document filed by Joseph Dwyer.(Jaroslawicz, David)
November 21, 2011	Filing 82 ORDER: Pursuant to the conference held on November 17, 2011, it is hereby ORDERED that: By March 9, 2012, the parties shall submit to chambers their requests to charge, proposed voir dire questions, and lists of trial witnesses. By April 2, 2012, the parties shall submit their trial exhibits. The trial shall commence on April 10, 2012, at 9:30 a.m. It is further ORDERED that the plaintiffs application to reopen discovery in order to retain an economic expert is DENIED. I have reviewed Mr. Frawley's submissions and find that the plaintiff has failed to demonstrate good cause for granting that application. ( Jury Trial set for 4/10/2012 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 11/21/2011) Copies Sent By Chambers. (mro)
October 13, 2011	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 10/13/2011. (ab)
October 13, 2011	Filing 81 ORDER:Pursuant to the telephone conference held earlier today, it is hereby ORDERED that a settlement conference shall be held on November 17, 2011, at 2 p.m.,in Courtroom 20A. My settlement procedures are attached. Counsel need not make further written submissions, but shall arrange for their clients to be present. (Settlement Conference set for 11/17/2011 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/13/2011) (js) Copies Sent By Chambers. Modified on 10/24/2011 (tro).
September 13, 2011	Filing 80 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Joseph Dwyer, Goldman Sachs Headquarters LLC, OH&M Electrical Corp., Structure-Tone, Inc. CASE ASSIGNED to Magistrate Judge Frank Maas. (Signed by Judge Sidney H. Stein on 9/13/2011) (ama)
September 13, 2011	Filing 79 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Frank Maas. (Signed by Judge Sidney H. Stein on 9/13/2011) (ama)
September 13, 2011	Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 9/13/2011. Counsel for all parties present. The parties sign a consent form to proceed before a magistrate judge. (mro)
August 17, 2011	Filing 78 ORDER: (1) The Court grants defendants' motion for summary judgment (Dkt. No. 55) with respect to (1) plaintiffs New York Labor Law 240(1) claims, (2) plaintiffs New York Labor Law 200 and common-law negligence claims, and (3) defendants' contractual indemnification claim against OH&M in the third-party action. (2) With respect to plaintiffs claims pursuant to New York Labor Law 241(6), the Court grants defendants' motion for summary judgment on alleged violations of Industrial Code 23-1.7(b)(1), (e)(l) and 23-2. 1 (a) and (b); and denies the motion as it relates to alleged violations of Industrial Code 23-l.7(d) and (e)(2). Plaintiff therefore can proceed on his New York Labor Law section 241(6) claims based on Industrial Code 23-1.7 (d) and (e). (3) The parties are directed to discuss proposed dates for (i) the submission of a pretrial order, and (ii) the trial of this action. (4) Pretrial Conference set for 9/13/2011 at 11:30 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 8/17/2011) (ab)
August 17, 2011	Filing 77 OPINION # 100693 re: #55 MOTION for Summary Judgment, filed by Structure-Tone, Inc., Goldman Sachs Headquarters LLC and Structure Tone, Inc.: For the reasons set forth within, the Court grants defendants' motion for summary judgment with respect to (1) plaintiffs New York Labor Law 240(1) claims, (2) plaintiffs New York Labor Law 200 and common-law negligence claims, and (3) defendants' contractual indemnification claim against OH&M in the third-party action. With respect to plaintiffs claims pursuant to New York Labor Law 241(6), the Court grants the defendants' motion for summary judgment on alleged violations of Industrial Code 231.7(b)(l), (e)(l) and 23-2.1 (a) and (b); and denies the motion as it relates to alleged violations of Industrial Code 23-1.7(d) and (e)(2). Plaintiff therefore can proceed on his New York Labor Law section 241(6) claims based on Industrial Code 23-1.7(d) and (e). (Signed by Judge Sidney H. Stein on 8/17/2011) (ab) Modified on 8/25/2011 (ajc).
April 15, 2011	Filing 76 REPLY AFFIRMATION of Scott Stopnik in Support re: #55 MOTION for Summary Judgment.. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
April 15, 2011	Filing 75 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment.. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
April 15, 2011	Filing 74 REPLY AFFIDAVIT of Scott Stopnik in Support re: #55 MOTION for Summary Judgment.. Document filed by Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
April 15, 2011	Filing 73 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment.. Document filed by Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
April 6, 2011	Filing 72 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Scott H. Stopnik dated 4/6/2011 re: Counsel for Goldman Sachs Headquarters, LLC and Structure Tone, Inc., writes to request that the defendants' time to submit their reply papers be extended from 4/8/2011 to 4/15/2011. ENDORSEMENT: APPLICATION GRANTED. (Replies due by 4/15/2011.) (Signed by Magistrate Judge Frank Maas on 4/6/2011) (ab)
March 28, 2011	Filing 71 COUNTER STATEMENT TO Document filed by OH&M Electrical Corp.. (Bruckner, James)
March 25, 2011	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney James Donald Bruckner to RE-FILE Document #67 Response to Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
March 25, 2011	Filing 70 DECLARATION of Holman in Opposition re: #55 MOTION for Summary Judgment.. Document filed by Joseph Dwyer. (Attachments: #1 Exhibit A - Dwyer deposition transcript (excerpts), #2 Exhibit B - Mullen deposition transcript, #3 Exhibit C - Tobia deposition transcript)(Jaroslawicz, David)
March 25, 2011	Filing 69 RULE 56.1 STATEMENT. Document filed by Joseph Dwyer. (Jaroslawicz, David)
March 25, 2011	Filing 68 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: #55 MOTION for Summary Judgment. Plaintiff's Rule 56.1 Counter-Statement of Facts. Document filed by Joseph Dwyer. (Jaroslawicz, David) Modified on 3/28/2011 (db).
March 25, 2011	Filing 67 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #55 MOTION for Summary Judgment. 56.1 Statement. Document filed by OH&M Electrical Corp. (Bruckner, James) Modified on 3/28/2011 (db).
March 25, 2011	Filing 66 MEMORANDUM OF LAW in Opposition re: #55 MOTION for Summary Judgment.. Document filed by Joseph Dwyer. (Jaroslawicz, David)
March 23, 2011	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney James Donald Bruckner to RE-FILE Document #65 Response to Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db)
March 23, 2011	Filing 65 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: #55 MOTION for Summary Judgment. 56.1 Statement. Document filed by OH&M Electrical Corp. (Bruckner, James) Modified on 3/24/2011 (db).
March 23, 2011	Filing 64 MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment.. Document filed by OH&M Electrical Corp.. (Bruckner, James)
March 23, 2011	Filing 63 DECLARATION of James D. Bruckner in Opposition re: #55 MOTION for Summary Judgment.. Document filed by OH&M Electrical Corp.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Bruckner, James)
March 21, 2011	Filing 62 NOTICE OF APPEARANCE by James Donald Bruckner, Sr on behalf of OH&M Electrical Corp. (Bruckner, James)
March 15, 2011	Filing 61 RELATED CASE AFFIDAVIT of Peter J. Lo Palo re: that this action be filed as Document filed by OH&M Electrical Corp..(Lo Palo, Peter)
March 11, 2011	Filing 60 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from James D. Bruckner dated 3/11/11 re: Counsel joins in plaintiff's application for an adjournment of the date to file papers in response to defendant's motion. ENDORSEMENT: In federal court, parties cannot effect a substitution of counsel by themselves. See Local Civil Rule 1.4. Accordingly, counsel's substitution of Attorney form, which is dated October 26, 2010, but was filed only today, is ineffective to relieve the Camacho firm of its representation. Even if it were sufficient, having been filed today, it certainly would not have caused the CM/ECF system to direct a filing to the Hammill firm are not clairvoyant. Finally, I note that there is no suggestion that the Javoslawicz firm did not timely receive its copy of the motion papers. Accordingly, Mr. Bruckner is directed to submit a proper application under Rule 1.4, together wi6th a proposed order, by March 18, 2011. Additionally, the parties opposing the motion are directed to serve and file their papers by March 25, 2011. Any reply papers are to be served and filed by April 8, 2011. ( Motions due by 3/18/2011, Responses due by 3/25/2011); (Signed by Magistrate Judge Frank Maas on 3/11/11) (djc) Modified on 3/24/2011 (djc).
March 11, 2011	Set Deadlines/Hearings: Replies due by 4/8/2011. (djc)
March 11, 2011	Filing 59 NOTICE of Substitution of Attorney. Old Attorney: Peter J. LoPalo, New Attorney: James Donald Bruckner, Address: Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., 6851 Jericho Turnpike, Suite 250, Syosset, NY, USA 11791, 516-746-0707. Document filed by OH&M Electrical Corp.. (Attachments: #1 Supplement Attorney Substitution Letter)(Bruckner, James)
February 25, 2011	Filing 58 AFFIRMATION of Scott H. Stopnik in Support re: #55 MOTION for Summary Judgment.. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. (Attachments: #1 Exhibit Exhibit A - Summons and, #2 Exhibit Exhibit B- Def's Answer, #3 Exhibit Exhibit C - 1st 3rd Party Complaint, #4 Exhibit Exhibit D - OH&M Answer to 3rd Party Complaint and Cross-Claims, #5 Exhibit Exhibit E - Unity's Answer to Cross Claims, #6 Exhibit Exhibit F - Plaintiff's Supp. Interrogatory Responses, #7 Exhibit Exhibit G - Excerpts of Dwyer Depostion, #8 Exhibit Exhibit H - Excerpts of Mullen Depostion, #9 Exhibit Exhibit I - Excerpts of Novak Depostion, #10 Exhibit Exhibit J - Excerpts of Tobia Depostion, #11 Exhibit Exhibit K - Purchase Order)(Morse, Daniel)
February 25, 2011	Filing 57 DECLARATION of Scott Stopnik in Support re: #55 MOTION for Summary Judgment.. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
February 25, 2011	Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment.. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. (Morse, Daniel)
February 25, 2011	Filing 55 MOTION for Summary Judgment. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. Responses due by 3/11/2011(Morse, Daniel)
February 25, 2011	Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc., Structure-Tone, Inc.. Responses due by 3/11/2011 Return Date set for 3/25/2011 at 09:30 AM. (Attachments: #1 Affidavit declaration of Scott Stopnik, #2 Affidavit 56.1 Statement, #3 Affidavit Memo of Law, #4 Exhibit Exhibit A to Stopnik Declaration, #5 Exhibit Exhibit B to Stopnik Declaration, #6 Exhibit Exhibit C to Stopnik Declaration, #7 Exhibit Exhibit D to Stopnik Declaration, #8 Exhibit Exhibit E to Stopnik Declaration, #9 Exhibit Exhibit F to Stopnik Declaration, #10 Exhibit Exhibt G to Stopnik Declaration, #11 Exhibit Exhibit H to Stopnik Declaration, #12 Exhibit Exhibit I to Stopnik Declaration, #13 Exhibit Exhibit J to Stopnik Declaration, #14 Exhibit Exhibit K to Stopnik Declaration)(Morse, Daniel) Modified on 2/28/2011 (db).
January 14, 2011	Filing 53 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Scott H. Stopnik dated 1/13/11 re: The parties have discussed and agreed to a briefing schedule for any pre-trial substantive motions. ENDORSEMENT: Application granted. So ordered. (Motions due by 2/25/2011. Responses due by 3/11/2011. Replies due by 3/25/2011.) (Signed by Magistrate Judge Frank Maas on 1/14/11) (rjm)
January 5, 2011	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 1/5/2011. (mro)
January 5, 2011	Filing 52 ORDER. It is hereby ORDERED that by January 14, 2011, the parties shall submit to the Court a stipulated briefing schedule regarding any substantive pre-trial motions they intend to make. (Signed by Magistrate Judge Frank Maas on 1/5/11) Copies Sent By Chambers. (rjm)
November 23, 2010	Filing 51 ORDER:that a settlement conference shall be held on January 5, 2011, at 2:00 p.m., in Courtroom 20A. My settlement procedures are attached. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 11/23/10) Copies Faxed By Chambers. (laq)
November 23, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 11/23/2010. (mro)
October 21, 2010	Filing 50 ORDER, that: 1. By November 19, 2010, all discovery shall be completed. 2. A further telephone conference shall be held on November 23, 2010, at 11:00 a.m. Counsel for the plaintiff should initiate the call. Additionally, after the conference I noticed that counsel for Adco Electrical Corp. ("Adco") have been removed from the service list based on their representation that "Stipulations of Discontinuance with Prejudice" have been filed. (See ECF No. 49). In fact, no such stipulations are reflected on the electronic docket. Since it appears undisputed that Adco is no longer a defendant, it is further ORDERED that all claims against Adco are dismissed with prejudice. (Signed by Magistrate Judge Frank Maas on 10/20/10) Copies Sent By Chambers. (pl) Modified on 11/4/2010 (pl).
October 20, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 10/20/2010. (mro)
September 15, 2010	Filing 49 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Robert Siegel dated 9/14/10 re: Request that Robert P. Siegel and Mark S. Yagerman be removed from the registry on this case. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Frank Maas on 9/15/10) (cd)
September 10, 2010	Filing 48 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Christopher C. Mauro dated 9/8/10 re: counsel for defendant request that attorney Christopher C. Mauro at cmauro@cmmattorneys.com be immediately removed from the list of attorneys that receive e-mail notifications for this matter. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 9/8/10) (pl)
September 7, 2010	Filing 47 ORDER Fact Discovery due by 10/22/2010. Telephone Conference set for 10/20/2010 at 10:00 AM before Magistrate Judge Frank Maas. Counsel for the plaintiff should initiate the call. (Signed by Magistrate Judge Frank Maas on 9/7/10) (cd)
September 7, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 9/7/2010. (mro)
September 1, 2010	Filing 46 NOTICE OF APPEARANCE by Peter Joseph Lo Palo on behalf of OH&M Electrical Corp. (Lo Palo, Peter)
August 19, 2010	Filing 45 ANSWER to Crossclaim., COUNTERCLAIM against OH&M Electrical Corp.. Document filed by Unity Electric Co. Inc..(Morse, Daniel)
August 19, 2010	Filing 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Unity Electric Co. Inc..(Morse, Daniel)
August 18, 2010	Filing 43 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Peter J. Lo Palo dated 8/18/2010 re: I kindly ask the Court if it still requires our office to file an Order to Show Cause. ENDORSEMENT: No! (Signed by Magistrate Judge Frank Maas on 8/18/2010) (jpo)
August 17, 2010	Filing 42 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Scott Stopnik dated 8/13/10 re: Request that a default against Unity Electrical not be entered. ENDORSEMENT: Mr. Slopnik is directed to answer or move with respect to the third-party claims against Unity by 8/26/10. Goldman Sachs Headquarters LLC answer due 8/26/2010. (Signed by Magistrate Judge Frank Maas on 8/17/10) (cd)
August 6, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 8/6/2010. (mro)
August 6, 2010	Filing 41 ORDER: By 8/13/2010, Mr. Lo Palo shall serve his interrogatories and Rule 26 disclosures. By 8/20/2010, Mr. Lo Palo shall submit a Proposed Order to Show Cause why a default judgment should not be entered against fourth-party defendant Unity Electric Co., Inc. (Signed by Magistrate Judge Frank Maas on 8/6/2010) Copies Sent By Chambers. (tro) Modified on 8/11/2010 (tro).
July 1, 2010	Filing 40 NOTICE OF APPEARANCE by Robert P. Siegel on behalf of Adco Electrical Corp. (Siegel, Robert)
June 21, 2010	Filing 39 ORDER Unity Electric Co. Inc. answer to fourth-party complaint due 6/29/2010. ( All Discovery due by 7/30/2010. Telephone Conference set for 8/6/2010 at 11:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/16/10) Copies sent by chambers(cd)
June 16, 2010	Filing 38 ANSWER to Crossclaim. Document filed by Goldman Sachs Headquarters LLC, Structure Tone, Inc..(Morse, Daniel)
June 15, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/15/2010. (mro)
June 15, 2010	Filing 37 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Plaza Construction Corp. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph Dwyer.(Jaroslawicz, David)
June 10, 2010	Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by OH&M Electrical Corp..(Mauro, Christopher)
June 10, 2010	Filing 35 ANSWER to Third Party Complaint with JURY DEMAND., CROSSCLAIM against Unity Electric Co. Inc.., COUNTERCLAIM against Joseph Dwyer. Document filed by OH&M Electrical Corp.. (Attachments: #1 Civil Cover Sheet)(Mauro, Christopher)
May 27, 2010	Filing 34 ORDER, OH&M Electrical Corp. answer to third-party complaint due 6/11/2010. Telephone Conference set for 6/15/2010 at 09:30 AM before Magistrate Judge Frank Maas); copies forwarded by chambers. (Signed by Magistrate Judge Frank Maas on 5/26/10) (djc)
May 27, 2010	***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #33 HAS BEEN REJECTED. Note to Attorney Aviva Stein : 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. (ml)
May 26, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 5/26/2010. (tro)
May 26, 2010	Filing 33 FILING ERROR - LETTERS ARE NOT FILED - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Unity Electric Co. Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc..(Stein, Aviva) Modified on 5/27/2010 (ml).
April 14, 2010	Filing 32 AFFIDAVIT OF SERVICE of Third Party Summons and Complaint served on Unity Electric Co. on 4/12/2010. Service was accepted by Theresa. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.. (Stein, Aviva)
April 14, 2010	Filing 31 AFFIDAVIT OF SERVICE of Third Party Summons and Complaint served on OH&M Electrical Corp. on 4/12/2010. Service was accepted by Alice. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.. (Stein, Aviva)
April 14, 2010	Filing 30 AFFIDAVIT OF SERVICE of Third Party Summons and Complaint served on Kirkpatrick and Lockhart on 4/12/2010. Service was accepted by Phillip Seliger. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.. (Stein, Aviva)
April 14, 2010	Filing 29 AFFIDAVIT OF SERVICE of Third Party Summons and Complaint served on Secretary of State on 4/12/2010. Service was accepted by Carol Vogt. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.. (Stein, Aviva)
April 14, 2010	Filing 28 AFFIDAVIT OF SERVICE of Third Party Pleading served on Secretary of State on 4/12/2010. Service was accepted by Carol Vogt. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.. (Stein, Aviva)
April 9, 2010	Filing 27 THIRD PARTY COMPLAINT against Unity Electric Co. Inc., OH&M Electrical Corp.Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.(mro)
April 9, 2010	SUMMONS ISSUED as to Unity Electric Co. Inc., OH&M Electrical Corp. (mro)
March 24, 2010	Filing 26 ORDER, 1. The defendants' application to file a third-party complaint against OHM Electrical Corp. and Unity Electric is granted. By April 14, 2010, the defendants shall effect service on those parties. 2. A further conference shall be held on May 26, 2010, at 2:00 p.m. in Courtroom 20A. (Signed by Magistrate Judge Frank Maas on 3/24/10) Copies mailed by Chambers.(pl)
March 17, 2010	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 3/17/2010. (tro)
March 17, 2010	Filing 25 ORDER, Telephone Conference set for 3/24/2010 at 04:00 PM before Judge Sidney H. Stein. (Signed by Magistrate Judge Frank Maas on 3/17/10) Copies sent by chambers.(cd)
March 17, 2010	***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #24 HAS BEEN REJECTED. Note to Attorney Michael K Berman : 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. (KA)
March 16, 2010	Filing 24 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - STATUS REPORT. Request for adjournment of settlement conference scheduled for 2:00 p.m., March 17, 2010. Document filed by Adco Electrical Corp.(Berman, Michael) Modified on 3/17/2010 (KA).
December 17, 2009	Filing 23 ANSWER to Crossclaim. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc..(Lum, Larry)
December 17, 2009	Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Structure-Tone, Inc..(Lum, Larry)
December 17, 2009	Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Goldman Sachs Group, Inc., Tech/Ops Sevcon Inc. Acceptance Insurance Company, Foothills Resources Inc., Burger King Holdings Inc., Buckeye GP Holdings L.P., Limelight Networks Inc., Validus Holdings Ltd., CVR Energy Inc., MYR Group Inc. as Corporate Parents Document filed by Goldman Sachs Headquarters LLC.(Lum, Larry) Modified on 12/18/2009 (rdz).
December 10, 2009	Filing 20 SCHEDULING ORDER: Motions due by 6/30/2010. Discovery due by 5/28/2010. Settlement Conference set for 3/17/2010 at 02:00 PM before Magistrate Judge Frank Maas. Pretrial Order due by 7/15/2010. (Signed by Magistrate Judge Frank Maas on 12/9/2009) (tve)
December 10, 2009	Filing 19 SCHEDULING ORDER: Pretrial Motions due by 6/30/2010. Discovery due by 5/28/2010. Settlement Conference set for 3/17/2010 at 02:00 PM before Magistrate Judge Frank Maas. Joint Pretrial Order due by 7/15/2010. The case is to be tried with a jury and the parties expect the trial to last 3-4 days. (Signed by Magistrate Judge Frank Maas on 12/9/09) Copies Mailed by Chambers.(db)
December 9, 2009	Minute Entry for proceedings held before Magistrate Judge Frank Maas: Initial Pretrial Conference held on 12/9/2009. Scheduling Order Issued. (mbe)
November 10, 2009	Filing 18 ORDER FOR CONFERENCE PURSUANT TO RULE 16(a): This action is scheduled for an initial case management conference in accordance with Fed. R. Civ. P. l6(a), on December 9, 2009, at 5:00 p.m., in Courtroom 20A, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge Frank Maas on 11/9/2009) (jfe)
October 29, 2009	Filing 17 STIPULATION DISCONTINUING ACTION AGAINST DEFENDANT, MP LIBERTY LLC, ONLY: All claims and cross claims against defendant MP Liberty, LLC, only, in the present action, are hereby discontinued without prejudice. (Signed by Judge Sidney H. Stein on 10/29/09) (tro)
October 27, 2009	***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Jaroslawicz Document #16 Stipulation of Voluntary Dismissal, was referred to Judge Sidney H. Stein for approval. (dt)
October 26, 2009	Filing 16 REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) MP Liberty LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Joseph Dwyer.(Jaroslawicz, David) Modified on 10/27/2009 (dt).
October 16, 2009	Filing 15 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Sidney H. Stein on 10/16/2009) (tve)
October 16, 2009	Filing 14 ANSWER to Complaint with JURY DEMAND. Document filed by Goldman Sachs Headquarters LLC, Structure-Tone, Inc.(rw)
September 18, 2009	Filing 13 AFFIDAVIT OF SERVICE. Plaza Construction Corp. served on 8/28/2009, answer due 10/16/2009. Service was accepted by Donna Christie, Clerk in the office of the Secretary of State, State of New York. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 12 AFFIDAVIT OF SERVICE. Goldman Sachs Headquarters LLC served on 8/28/2009, answer due 10/16/2009. Service was accepted by Donna Christie, Clerk in the Office of the Secretary of State, of the State of New York. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 11 AFFIDAVIT OF SERVICE. Structure-Tone, Inc. served on 8/28/2009, answer due 10/16/2009. Service was accepted by Donna Christie, Clerk in the office of the Secretary of State, of the State of New York. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 10 AFFIDAVIT OF SERVICE. MP Liberty LLC served on 8/28/2009, answer due 9/17/2009. Service was accepted by Donna Christie, Clerk in the Office of the Secretary of State, of the State of New York. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 9 AFFIDAVIT OF SERVICE. Adco Electrical Corp. served on 8/28/2009, answer due 9/17/2009. Service was accepted by Donna Christie, Secretary of State. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 8 ACKNOWLEDGMENT OF SERVICE of Summons, Complaint, Judge's Rules served on Structure-Tone, Inc. on 09-10-2009. Service was made by V. Lewis. Document filed by Joseph Dwyer., ACKNOWLEDGMENT OF SERVICE. Structure-Tone, Inc. served on 9/10/2009, answer due 10/16/2009. Service was made by V. Lewis. Document filed by Joseph Dwyer. (Jaroslawicz, David)
September 18, 2009	Filing 7 NOTICE to Take Deposition of All Parties on 11/24/09 at 10:00 AM.Document filed by Adco Electrical Corp..(Yagerman, Mark)
September 18, 2009	Filing 6 FIRST SET OF INTERROGATORIES to Joseph Dwyer.Document filed by Adco Electrical Corp..(Yagerman, Mark)
September 18, 2009	Filing 5 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Goldman Sachs Headquarters LLC, MP Liberty LLC, Plaza Construction Corp., Structure-Tone, Inc.. Document filed by Adco Electrical Corp.(Yagerman, Mark)
September 18, 2009	Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying no as Corporate Parent. Document filed by Adco Electrical Corp..(Yagerman, Mark)
September 16, 2009	Filing 3 STIPULATION EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED that the time for the defendants, GOLDMAN SACHS HEADQUARTERS LLC, STRUCTURE TONE, INC. and CONSTRUCTION CORP., in the above captioned action, to appear, answer, or otherwise move, be and the same hereby is extended up to and including the 16th day of October, 2009. The October 9 pretrial conference is adjourned to 10/16/2009, at 10:00 a.m. IT IS ALSO STIPULATED AND AGREED THAT A FAXED SIGNATURE OF COUNSEL IS HEREIN PROVIDED AS AN ORIGINAL. (Signed by Judge Sidney H. Stein on 9/16/2009) (rw)
September 2, 2009	Filing 2 ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 10/9/2009 at 12:30 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 9/2/2009) (tve)
August 27, 2009	Filing 1 COMPLAINT against Goldman Sachs Headquarters LLC, MP Liberty LLC, Adco Electrical Corp., Plaza Construction Corp., Structure-Tone, Inc. (Filing Fee $ 350.00, Receipt Number 698488)Document filed by Joseph Dwyer.(ama)
August 27, 2009	SUMMONS ISSUED as to Goldman Sachs Headquarters LLC, MP Liberty LLC, Adco Electrical Corp., Plaza Construction Corp., Structure-Tone, Inc. (ama)
August 27, 2009	Case Designated ECF. (ama)
August 27, 2009	Magistrate Judge Frank Maas is so designated. (ama)

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Search for this case: Dwyer v. Goldman Sachs Headquarters LLC et al
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Plaintiff: Joseph Dwyer
Represented By:	David Jaroslawicz
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3rd party plaintiff: Goldman Sachs Headquarters LLC
Represented By:	Larry H. Lum
Represented By:	Aviva Stein
Represented By:	Daniel Joseph Morse
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3rd party plaintiff: Structure-Tone, Inc.
Represented By:	Larry H. Lum
Represented By:	Aviva Stein
Represented By:	Daniel Joseph Morse
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Defendant: MP Liberty LLC
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Defendant: Adco Electrical Corp.
Represented By:	Michael K Berman
Represented By:	Robert P. Siegel
Represented By:	Mark S Yagerman
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Defendant: Plaza Construction Corp.
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Cross defendant: Unity Electric Co. Inc.
Represented By:	Daniel Joseph Morse
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Counter defendant: OH&M Electrical Corp.
Represented By:	Peter Joseph Lo Palo
Represented By:	Christopher Cono Mauro
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Counter defendant: Structure Tone, Inc.
Represented By:	Daniel Joseph Morse
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