Moore et al v. River Avenue Contracting Corp. et al
| Terrence Moore, Kevin Kelly, John Coffey, Ronald Richardson, John Brunetti, Kevin O'Brien, Michael Cahill, Stephen McInnis, Michael Cavanaugh, Paul Capurso, John Sheehy, Paul Tyzner, Christopher Wallace, David Meberg, Kevin O'Callaghan, Paul O'Brien, John DeLollis, Joseph Kaming and Catherine Condon |
| River Avenue Contracting Corp., RNC Industries LLC, Extreme Concrete Corp., Richard J. Tonyes, Sonia Tonyes, Robert Dugen and Richard Tonyes, Jr. |
| 1:2013cv04205 |
| June 18, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S Rakoff |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Defendant |
Docket Report
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This docket was last retrieved on July 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 106 SEALED MATERIALS DISPOSED: Document(s) 80 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 07/01/2022..(jus) |
| Filing 105 SEALED MATERIALS DISPOSED: Document(s) 35 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 07/01/2022..(jus) |
| Filing 104 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 80 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/30/2022. .(jus) |
| Filing 103 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 35 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 6/30/2022. .(jus) |
Filing 102
ORDER: The Clerk of the Court is hereby directed to close this case. (Signed by Judge Jed S. Rakoff on 8/04/2016) (ama)
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| Terminate Transcript Deadlines (ama) |
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Filing 101
STIPULATION REGARDING DOCUMENTS PRODUCED IN MOORE v. RIVER AVE.: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants in the Castaldi case that all documents produced by the Defendants and the Subpoenaed Non-Parties in response to the plaintiffs' document requests and subpoenas in the Moore v. River Ave. litigation will be considered to have been produced by the Defendants and the Subpoenaed Non-Parties to the Plaintiffs in the Castaldi v. River Ave. litigation, and as set forth herein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/09/2014) Filed In Associated Cases: 1:14-cv-05435-JSR, 1:13-cv-04205-JSR, 1:14-cv-08699-JSR(ama)
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Filing 100
STIPULATION REGARDING CONSOLIDATION OF CASTALDI v. RIVER AVE. AND CASTIGNOLI v. RIVER AVE.: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel for the parties in the above-captioned matter, as follows: All discovery, and stipulations related thereto, from Castaldi, et al. v. River Avenue Contracting Corp., et al., 14-cv-5435 (JSR) and Castignoli, et al. v. River AvenueContracting Corp., et al., 14-cv-8699 (JSR) (together, the "Consolidated Case")-including stipulations entered into in the Castaldi case regarding documents produced by parties and subpoenaed non-parties in Moore, et al. v. River Avenue Contracting Corp., et al., 13-cv-4205)are hereby deemed applicable to the Consolidated Case. The caption set forth above shall be the caption for the Consolidated Case. The case number for the Consolidated Case shall be the case number of the earlier filed case: 14-cv-5435 (JSR). The Protective Order in the Castaldi action (Dkt. No. 31) shall apply equally to the Consolidated Case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/09/2014) Filed In Associated Cases: 1:14-cv-05435-JSR, 1:13-cv-04205-JSR, 1:14-cv-08699-JSR(ama)
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| CONSOLIDATED MEMBER CASE: Create association to 1:14-cv-05435-JSR.. (ama) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/22/2014. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/13/2014. (Kotowski, Linda) |
| Filing 99 SEALED DOCUMENT placed in vault.(nm) |
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Filing 98
STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Terrence Moore, Kevin Kelly, John Coffey, Ronald Richardson, John Brunetti, Kevin O'Brien and Michael Cahill as Trustees of the Metal Lathers Local 46 Pension Fund, Metal Lathers Local 46 Trust Fund, Metal Lathers Local 46 Annuity Fund, Metal Lathers Local 46 Vacation Fund, Metal Lathers Local 46 Apprenticeship Fund, Metal Lathers Local 46 Scholarship Fund and Metal Lathers Local 46 Dental Fund ("the Local 46 Funds"), and Defendants River Avenue Contracting Corp., RNC Industries LLC, Extreme Concrete Corp., Richard J. Tonyes, and Sonia Tonyes, through their counsel, who are authorized by their respective clients to execute this Stipulation of Discontinuance, that this action is dismissed with prejudice, without any award of attorneys' fees, costs, or other relief to either party as against the other, and IT IS FURTHER STIPULATED AND AGREED, that this Court shall retain jurisdiction solely for the purpose of enforcing the terms of the Settlement Agreement in this action, so-ordered by this Court. (Signed by Judge Jed S. Rakoff on 4/4/2014) (mro)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/3/2014. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/31/2014. (Kotowski, Linda) |
| Filing 97 MEMORANDUM: In sum, the Court, for the foregoing reasons, denied the RNC Defendants' motion to disqualify counsel, granted the RNC Defendants' motion to dismiss the seventh cause of action as to Dugan and Tonyes, Jr., otherwise denied defendants' motions to dismiss, granted plaintiffs' motion for summary judgment dismissing most of defendants' affirmative defenses but leaving those concerning the statute of limitations and waiver and estoppel for trial, and denied defendants' motions for summary judgment. (Signed by Judge Jed S. Rakoff on 3/27/2014) (mro) |
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Filing 96
ORDER: Trial in this matter was scheduled long ago to begin April 9, 2014. Nevertheless, on March 17, 2014, defendants applied to adjourn the trial pending the release from incarceration of defendant Richard J. Tonyes, Sr., who is presently incarcerated at FCI Fort Dix with a release date of February 2, 2015, though he may be released earlier. The Court offered to issue a writ of habeas corpus to transfer Tonyes to the Metropolitan Correctional Center in New York so that he could attend trial daily, testify, and participate in his defense in person. By letter dated March 20, 2014, which is docketed herewith, defendants' counsel writes that, after consultation, Tonyes requests that the Court not issue the writ, due to an unspecified concern for his personal safety, and acknowledges that his refusal to attend trial may affect his defense. There is no reason known to the Court or provided by Tonyes to believe that MCC presents such safety concerns, so defendants' application to adjourn the trial is accordingly denied. (Signed by Judge Jed S. Rakoff on 3/21/2014) (mro)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/18/2014. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/17/2014. (Kotowski, Linda) |
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Filing 95
ORDER denying #62 Motion for Summary Judgment; granting in part and denying in part #68 Motion for Summary Judgment. Having carefully considered the briefing and oral argument, the Court hereby denies defendants' motion and grants plaintiffs' motion, except with respect to the sixth affirmative defense of the "River Defendants," concerning waiver and estoppel, which survives for trial along with those affirmative defenses that were not the subject of plaintiffs' motion. A Memorandum setting forth the reasons for this Order and for the September 25, 2013 Order granting in part and denying in part defendants' motions to dismiss will follow in due course, but no later than two weeks before the start of trial, which is firmly scheduled for April 9, 2014. (Signed by Judge Jed S. Rakoff on 1/31/2014) (ft)
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| Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/6/14 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...(Rodriguez, Somari) |
| Filing 93 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2014 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Alena Lynch, (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 2/24/2014. Redacted Transcript Deadline set for 3/6/2014. Release of Transcript Restriction set for 5/2/2014.(Rodriguez, Somari) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/14/2014. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 1/6/2014 re: #29 MOTION to Dismiss the Complaint. filed by Robert Dugen, Richard Tonyes, Jr., RNC Industries LLC, #26 MOTION to Disqualify Counsel. filed by Robert Dugen, Richard Tonyes, Jr., RNC Industries LLC, #24 MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). filed by Sonia Tonyes, River Avenue Contracting Corp., Richard J. Tonyes, Extreme Concrete Corp.. (Kotowski, Linda) |
| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/13 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...(Rodriguez, Somari) |
| Filing 91 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/18/2013 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Sabrina D'Emidio, (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 1/21/2014. Redacted Transcript Deadline set for 1/30/2014. Release of Transcript Restriction set for 3/31/2014.(Rodriguez, Somari) |
| Filing 90 STIPULATION OF DISMISSAL WITH WITH PREJUDICE AS TO SOME PLAINTIFFS: It is stipulated and agreed by and between the following Plaintiffs set forth in this Stipulation and defendants through their counsel who are authorized by their respective clients to execute this Stipulation, that the above captioned action be dismissed with prejudice and in its entirety, without any award of attorneys' fees, costs or other relief to either party as against the other. (Signed by Judge Jed S. Rakoff on 12/12/2013) (js) |
| Filing 89 AFFIDAVIT OF SERVICE. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 88 COUNTER STATEMENT TO Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 87 DECLARATION of Christopher Smith in Support re: #62 MOTION for Summary Judgment.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 86 REPLY MEMORANDUM OF LAW in Support re: #62 MOTION for Summary Judgment.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 85 DECLARATION of Thomas M. Kennedy, Esq. in Support re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Attachments: #1 Exhibit A)(Kennedy, Thomas) |
| Filing 84 REPLY MEMORANDUM OF LAW in Support re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Kennedy, Thomas) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/9/2013. (Landers, Rigoberto) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/6/2013. (Kotowski, Linda) |
| Filing 83 MEMORANDUM OF LAW in Opposition re: #62 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment Dismissing the Complaint. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Jennik, Susan) |
| Filing 82 CERTIFICATE OF SERVICE of DECLARATION OF CHRISTOPHER SMITH WITH EXHIBITS, DEFENDANTS RIVER AVENUE CONTRACTING CORP., EXTREME CONCRETE CORP., RNC INDUSTRIES, LLC, RICHARD J. TONYES, SR., AND SONIA TONYES RESPONSE TO PLAINTIFFS LOCAL RULE 56.1 STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND TO DISMISS AFFIRMATIVE DEFENSES served on Thomas Martin Kennedy, Esq. of Kennedy, Jennik & Murray, P.C. on 12/4/2013. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 81 AFFIDAVIT OF SERVICE of DECLARATION OF CHRISTOPHER SMITH WITH EXHIBITS, DEFENDANTS RIVER AVENUE CONTRACTING CORP., EXTREME CONCRETE CORP., RNC INDUSTRIES, LLC, RICHARD J. TONYES, SR., AND SONIA TONYES RESPONSE TO PLAINTIFFS LOCAL RULE 56.1 STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND TO DISMISS AFFIRMATIVE DEFENSES served on Thomas Martin Kennedy of Kennedy, Jennik & Murray, P.C. on 12/4/2013. Service was made by Overnight Mail. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 80 SEALED DOCUMENT placed in vault.(mps) |
| Filing 79 RESPONSE re: #63 Rule 56.1 Statement Plaintiffs' Response to Defendants' Statement of Material Facts Not in Dispute Pursuant to Local Rule 56.1. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Jennik, Susan) |
| Filing 78 DECLARATION of Susan M. Jennik, Esq. in Opposition re: #62 MOTION for Summary Judgment.. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 filed under seal, #6 Exhibit 6 filed under seal, #7 Exhibit 7 filed under seal, #8 Exhibit 8 filed under seal, #9 Exhibit 9 filed under seal, #10 Exhibit 10 filed under seal, #11 Exhibit 11 filed under seal, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19 filed under seal, #20 Exhibit 20 filed under seal, #21 Exhibit 21 filed under seal, #22 Exhibit 22 filed under seal, #23 Exhibit 23 filed under seal, #24 Exhibit 24 filed under seal, #25 Exhibit 25 filed under seal, #26 Exhibit 26A filed under seal, #27 Exhibit 26B filed under seal, #28 Exhibit 26C filed under seal, #29 Exhibit 26D filed under seal, #30 Exhibit 26E filed under seal, #31 Exhibit 26F filed under seal, #32 Exhibit 26G filed under seal, #33 Exhibit 26H filed under seal, #34 Exhibit 26I filed under seal, #35 Exhibit 26J filed under seal, #36 Exhibit 26K filed under seal, #37 Exhibit 27 filed under seal, #38 Exhibit 28A filed under seal, #39 Exhibit 28B filed under seal, #40 Exhibit 29, #41 Exhibit 30, #42 Exhibit 31, #43 Exhibit 32 filed under seal, #44 Exhibit 33, #45 Exhibit 34, #46 Exhibit 35, #47 Exhibit 36 filed under seal, #48 Exhibit 37 filed under seal, #49 Exhibit 38 filed under seal, #50 Exhibit 39 filed under seal, #51 Exhibit 40, #52 Exhibit 41A filed under seal, #53 Exhibit 41B filed under seal, #54 Exhibit 41C filed under seal, #55 Exhibit 41D filed under seal, #56 Exhibit 41E filed under seal, #57 Exhibit 41F filed under seal, #58 Exhibit 41G filed under seal, #59 Exhibit 41H filed under seal, #60 Exhibit 41I, #61 Exhibit 42A filed under seal, #62 Exhibit 42B filed under seal, #63 Exhibit 42C filed under seal, #64 Exhibit 42D filed under seal, #65 Exhibit 42E filed under seal, #66 Exhibit 42F filed under seal, #67 Exhibit 42G filed under seal, #68 Exhibit 42H filed under seal, #69 Exhibit 43, #70 Exhibit 44 filed under seal, #71 Exhibit 45, #72 Exhibit 46 filed under seal, #73 Exhibit 47 filed under seal, #74 Exhibit 48 filed under seal, #75 Exhibit 49 filed under seal, #76 Exhibit 50 filed under seal, #77 Exhibit 51 filed under seal, #78 Exhibit 52 filed under seal, #79 Exhibit 53 filed under seal, #80 Exhibit 54 filed under seal, #81 Exhibit 55, #82 Exhibit 56 filed under seal, #83 Exhibit 57 filed under seal, #84 Exhibit 58 filed under seal, #85 Exhibit 59A filed under seal, #86 Exhibit 59B filed under seal, #87 Exhibit 60 filed under seal, #88 Exhibit 61 filed under seal, #89 Exhibit 62 filed under seal, #90 Exhibit 63 filed under seal, #91 Exhibit 64, #92 Exhibit 65, #93 Exhibit 66, #94 Exhibit 67, #95 Exhibit 68, #96 Exhibit 69, #97 Exhibit 70, #98 Exhibit 71, #99 Exhibit 72 filed under seal, #100 Exhibit 73 filed under seal, #101 Exhibit 74, #102 Exhibit 75, #103 Exhibit 76, #104 Exhibit 77, #105 Exhibit 78, #106 Exhibit 79 filed under seal, #107 Exhibit 80 filed under seal, #108 Exhibit 81 filed under seal, #109 Exhibit 82 filed under seal, #110 Exhibit 83 filed under seal, #111 Exhibit 84, #112 Exhibit 85, #113 Exhibit 86 filed under seal, #114 Exhibit 87 filed under seal, #115 Exhibit 88 filed under seal, #116 Exhibit 89 filed under seal, #117 Exhibit 90, #118 Exhibit 91 filed under seal, #119 Exhibit 92 filed under seal, #120 Exhibit 93 filed under seal, #121 Exhibit 94 filed under seal, #122 Exhibit 95, #123 Exhibit 96, #124 Exhibit 97, #125 Exhibit 98, #126 Exhibit 99 filed under seal, #127 Exhibit 100 filed under seal, #128 Exhibit 101)(Jennik, Susan) |
| Filing 77 MEMORANDUM OF LAW in Opposition re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 76 DECLARATION of Christopher Smith in Opposition re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1 of 2), #3 Exhibit B (Part 2 of 2), #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Bardavid, Jonathan) |
| Filing 75 COUNTER STATEMENT TO #70 Rule 56.1 Statement. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 74 FILING ERROR - DEFICIENT DOCKET ENTRY (See #83 Memorandum) - MEMORANDUM OF LAW in Opposition re: #62 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment Dismissing the Complaint. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Jennik, Susan) Modified on 12/9/2013 (db). |
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Filing 73
STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE UNDERSIGNED that the law firm of TRIVELLA & FORTE, LLP, 1311 Mamaroneck Avenue, Suite 170, White Plains. New York, l0605, is substituted as counsel of record for defendant RNC Industries LLC in the above-captioned action in place and instead of the law firm of STORCH AMINI & MUNVES PC, 2 Grand Central Tower, 140 East 45th Street, 25th Floor,New York, New York 10017 (Signed by Judge Jed S. Rakoff on 11/19/2013) (js) Modified on 11/20/2013 (js).
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| Filing 72 DECLARATION of Serge Ambroise, Esq. in Support re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Jennik, Susan) |
| Filing 71 MEMORANDUM OF LAW in Support re: #68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Jennik, Susan) |
| Filing 70 RULE 56.1 STATEMENT. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson. (Jennik, Susan) |
| Filing 69 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson.(Jennik, Susan) |
| Filing 68 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses. Document filed by John Brunetti, Michael Cahill, John Coffey, Kevin Kelly, Terrence Moore, Kevin O'Brien, Ronald Richardson.(Jennik, Susan) |
| Filing 67 AFFIDAVIT OF SERVICE of NOTICE OF MOTION FOR SUMMARY JUDGMENT, DECLARATION OF CHRISTOPHER SMITH WITH EXHIBITS, MEMORANDUM OF LAW IN SUPPORT OF THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT AND DEFENDANTS RIVER AVENUE CONTRACTING CORP., EXTREME CONCRETE CORP., RNC INDUSTRIES LLC, RICHARD J. TONYES, SR. AND SONIA TONYES LOCAL RULE 56.1 STATEMENT served on Kennedy Jennik & Murray PC on November 11, 2013. Service was made by Mail. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/8/2013. (Kotowski, Linda) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Susan Marie Jennik to RE-FILE Document #59 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Rule 56.1 Statement is found under the event list Other Answers. *NOTE* You must indicate the correct case number on the Rule 56.1 Statement. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Susan Marie Jennik to RE-FILE Document #60 Memorandum of Law in Support of Motion. ERROR(S): Wrong case number indicated on document. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Susan Marie Jennik to RE-FILE Document #61 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (ldi) |
| Filing 66 CERTIFICATE OF SERVICE. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 65 MEMORANDUM OF LAW in Support re: #62 MOTION for Summary Judgment.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 64 DECLARATION of Christopher Smith in Support re: #62 MOTION for Summary Judgment.. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1 of 2), #3 Exhibit B (Part 2 of 2), #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J (Part 1 of 6), #12 Exhibit J (Part 2 of 6), #13 Exhibit J (Part 3 of 6), #14 Exhibit J (Part 4 of 6), #15 Exhibit J (Part 5 of 6), #16 Exhibit J (Part 6 of 6), #17 Exhibit K (Part 1 of 6), #18 Exhibit K (Part 2 of 6), #19 Exhibit K (Part 3 of 6), #20 Exhibit K (Part 4 of 6), #21 Exhibit K (Part 5 of 6), #22 Exhibit K (Part 6 of 6), #23 Exhibit L)(Smith, Christopher) |
| Filing 63 RULE 56.1 STATEMENT. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 62 MOTION for Summary Judgment. Document filed by Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes.(Smith, Christopher) |
| Filing 61 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Serge Ambroise, Esq. in Support re: #59 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Jennik, Susan) Modified on 11/12/2013 (ldi). |
| Filing 60 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #59 MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Jennik, Susan) Modified on 11/12/2013 (ldi). |
| Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment and to Dismiss Certain Affirmative Defenses. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace.(Jennik, Susan) Modified on 11/12/2013 (ldi). |
| Filing 58 NOTICE OF APPEARANCE by Scott Paul Trivella on behalf of RNC Industries LLC. (Trivella, Scott) |
| Filing 57 NOTICE OF APPEARANCE by Jonathan Michael Bardavid on behalf of RNC Industries LLC. (Bardavid, Jonathan) |
| Filing 56 NOTICE OF APPEARANCE by Christopher A. Smith on behalf of RNC Industries LLC. (Smith, Christopher) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Discovery Hearing held on 10/24/2013. Associated Cases: 1:13-cv-00234-JSR, 1:13-cv-04205-JSR(Kotowski, Linda) |
| Filing 55 ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by RNC Industries LLC.(Wright, Lita Beth) |
| Filing 54 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 55)ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr.(Wright, Lita Beth) Modified on 10/21/2013 (kj). |
| Filing 53 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR)ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by RNC Industries LLC.(Wright, Lita Beth) Modified on 10/21/2013 (kj). |
| Filing 52 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RNC Industries LLC.(Wright, Lita Beth) |
| Filing 51 ANSWER to #1 Complaint,,. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes.(Smith, Christopher) |
| Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/13/13 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...(Rodriguez, Somari) |
| Filing 49 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/13/2013 before Judge Jed S. Rakoff. 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 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(Rodriguez, Somari) |
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Filing 48
STIPULATION WITHDRAWING MOTION TO COMPEL COMPLIANCE WITH SUBPOENA DUCES TECUM AGAINST TRITON CONSTRUCTION: It is hereby stipulated and agreed by and between the undersigned attorneys that Plaintiffs' Motion to Compel Compliance with Subpoenas Duces Tecum is withdrawn as against Triton Construction, without prejudice and without costs to any party and it is further stipulated and agreed, that this stipulation may be signed in counterparts and filed without further notice with the Clerk of the Court and that facsimile copies shall be deemed originals. So Ordered (Signed by Judge Jed S. Rakoff on 9/29/2013) (js)
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Filing 47
ORDER: The Court hereby confirms its denial of the motion to disqualify counsel, and also confirms its dismissal of claim seven as to defendants Richard Tonyes, Jr. and Robert Dugan. As to the remainder of the motions to dismiss, the Court having now fully considered the matter, hereby denies them all. A Memorandum setting forth the reasons for this determination will follow in due course. (Signed by Judge Jed S. Rakoff on 9/25/2013) (js) Modified on 9/26/2013 (js). (js).
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 9/18/2013 re: #29 MOTION to Dismiss the Complaint. filed by Robert Dugen, Richard Tonyes, Jr., RNC Industries LLC, #26 MOTION to Disqualify Counsel. filed by Robert Dugen, Richard Tonyes, Jr., RNC Industries LLC. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Discovery Hearing held on 9/13/2013. Discovery extended to November 1, 2013. (Kotowski, Linda) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Disqualify Counsel.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Steven Gary Storch to RE-FILE Document #43 Memorandum of Law in Support of Motion. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 45 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Complaint.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) |
| Filing 44 DECLARATION of Steven G. Storch in Support re: #26 MOTION to Disqualify Counsel.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Storch, Steven) |
| Filing 43 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #26 MOTION to Disqualify Counsel.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) Modified on 9/13/2013 (ldi). |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 45) REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Complaint.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) Modified on 9/16/2013 (kj). |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service).. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 40 DECLARATION of SERGE AMBROISE in Opposition re: #26 MOTION to Disqualify Counsel.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Kennedy, Thomas) |
| Filing 39 DECLARATION of HANY KILADA in Opposition re: #26 MOTION to Disqualify Counsel.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kennedy, Thomas) |
| Filing 38 DECLARATION of RYK TIERNEY in Opposition re: #26 MOTION to Disqualify Counsel.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kennedy, Thomas) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Disqualify Counsel. Plaintiffs' Memorandum of Law in Opposition to the RNC Defendants' Motion to Disqualify Plaintiffs' Counsel. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Kennedy, Thomas) |
| Filing 36 MEMORANDUM OF LAW in Opposition re: #29 MOTION to Dismiss the Complaint., #24 MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service).. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Kennedy, Thomas) |
| Filing 35 SEALED DOCUMENT placed in vault.(nm) |
| Filing 34 STIPULATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 8/9/2013) (js) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/9/2013. (Kotowski, Linda) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes.(Smith, Christopher) |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr.(Storch, Steven) |
| Filing 31 DECLARATION of Steven G. Storch in Support re: #29 MOTION to Dismiss the Complaint.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Attachments: #1 Exhibit 1. Complaint, #2 Exhibit 1. Complaint Exhibits A-C, #3 Exhibit 1. Complaint Exhibits D-G, #4 Exhibit 1. Complaint Exhibits H-L, #5 Exhibit 1. Complaint Exhibits M-P, #6 Exhibit 2, #7 Exhibit 3)(Storch, Steven) |
| Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss the Complaint.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) |
| Filing 29 MOTION to Dismiss the Complaint. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. Responses due by 8/29/2013 Return Date set for 9/18/2013 at 04:00 PM.(Storch, Steven) |
| Filing 28 DECLARATION of Steven G. Storch in Support re: #26 MOTION to Disqualify Counsel.. Document filed by RNC Industries LLC, Richard Tonyes, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Storch, Steven) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Disqualify Counsel.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) |
| Filing 26 MOTION to Disqualify Counsel. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. Return Date set for 9/18/2013 at 04:00 PM.(Storch, Steven) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service).. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 24 MOTION to Dismiss the Complaint and awarding the Defendants costs and attorneys' fees (with affidavit of service and certificate of service). Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. Return Date set for 9/18/2013 at 04:00 PM.(Smith, Christopher) |
| Filing 23 NOTICE OF APPEARANCE by Maximillian Samuel Shifrin on behalf of Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Shifrin, Maximillian) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/7/2013. (Kotowski, Linda) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/1/2013. (Kotowski, Linda) |
| Filing 22 NOTICE OF APPEARANCE by Raymond G. McGuire on behalf of Paul Capurso, Michael Cavanaugh, Catherine Condon, John DeLollis, Joseph Kaming, Stephen McInnis, David Meberg, Paul O'Brien, Kevin O'Callaghan, John Sheehy, Paul Tyzner, Christopher Wallace. (McGuire, Raymond) |
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Filing 21
ORDER: The Court hereby grants plaintiffs motion to consolidate the Metal Lathers and Moore actions. given the near-identity of the parties, factual allegations, and claims raised in these two actions, the Court finds that the gains in efficiency to the Court, the parties, and any witnesses will far outweigh any risk of prejudice or confusion. See Johnson v. Celetex Corp., 899 F.2d 1281, 1285 (2d Cir. 1990). Counsel for the various parties to these consolidated actions should confer in order to address such questions as whether discovery from the Metal Lathers case can be used in the Moore action; what additional discovery is needed, if any; and other such questions that follow from consolidation. The parties are directed to submit to the Court by this Friday, August 2, 2013, a stipulation regarding how the remaining discovery in these cases shall proceed, assuming they are able to reach an agreement on these matters. If the parties fail to reach an agreement, they are directed to jointly call Chambers by this Friday, August 2, 2013, to raise any remaining disputes. The Clerk of the Court is directed to close item number 7 on the docket of 13-Civ-4205. So Ordered (Signed by Judge Jed S. Rakoff on 7/29/2013) Filed In Associated Cases: 1:13-cv-00234-JSR, 1:13-cv-04205-JSR(js)
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| CONSOLIDATED MEMBER CASE: Create association to 1:13-cv-00234-JSR. (js) |
| Filing 20 NOTICE OF APPEARANCE by Marc Alan Tenenbaum on behalf of Paul Capurso, Michael Cavanaugh, John DeLollis, Joseph Kaming, Stephen McInnis, David Meberg, Paul O'Brien, Kevin O'Callaghan, John Sheehy, Paul Tyzner, Christopher Wallace. (Tenenbaum, Marc) |
| Filing 19 CERTIFICATE OF SERVICE of Response to Plaintiffs' Motion to Consolidate served on Terrence Moore et al. on 7/22/13. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 18 AFFIDAVIT OF SERVICE of Defendant River Opposition to Plaintiffs Motion to Consolidate served on Terrence Moore et al. on 7/22/13. Service was made by Mail. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Consolidate Cases 13-cv-234.. Document filed by Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Wright, Lita Beth) |
| Filing 16 NOTICE OF APPEARANCE by Marshall John Mattera on behalf of Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Mattera, Marshall) |
| Filing 15 NOTICE OF APPEARANCE by Lita Beth Wright on behalf of Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Wright, Lita Beth) |
| Filing 14 NOTICE OF APPEARANCE by Steven Gary Storch on behalf of Robert Dugen, RNC Industries LLC, Richard Tonyes, Jr. (Storch, Steven) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Consolidate Cases 13-cv-234.. Document filed by Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 11 NOTICE OF APPEARANCE by Jonathan Michael Bardavid on behalf of Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Bardavid, Jonathan) |
| Filing 10 NOTICE OF APPEARANCE by Scott Paul Trivella on behalf of Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Trivella, Scott) |
| Filing 9 NOTICE OF APPEARANCE by Christopher A. Smith on behalf of Extreme Concrete Corp., River Avenue Contracting Corp., Richard J. Tonyes, Sonia Tonyes. (Smith, Christopher) |
| Filing 8 DECLARATION of Thomas M. Kennedy in Support re: #7 MOTION to Consolidate Cases 13-cv-234.. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Kennedy, Thomas) |
| Filing 7 MOTION to Consolidate Cases 13-cv-234. Document filed by John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace.(Kennedy, Thomas) |
| Filing 6 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/8/13 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...(Rodriguez, Somari) |
| Filing 5 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/8/2013 before Judge Jed S. Rakoff. 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 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/15/2013.(Rodriguez, Somari) |
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Filing 12
CIVIL CASE MANAGEMENT PLAN: This Court requires that this case shall be ready for trial on December 9, 2013. The case is to be tried to a jury. Motions: moving- 8/7; Answering- 8/28; Reply- 9/11; Oral Arg.- 9/18 at 4pm. Joinder of Parties due by 8/15/2013. Motions due by 11/8/2013. Responses due by 12/2/2013 Replies due by 12/9/2013. Deposition due by 11/1/2013. Expert Discovery due by 10/15/2013. Discovery due by 11/1/2013. SO ORDERED. (Oral Argument set for 12/18/2013 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 12/18/2013 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 12/9/2013. Oral Argument set for 9/18/2013 at 04:00 PM before Judge Jed S. Rakoff). (Signed by Judge Jed S. Rakoff on 7/8/2013) (rsh) Modified on 7/26/2013 (rsh).
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 7/8/2013. (Kotowski, Linda) |
| Filing 4 NOTICE OF APPEARANCE by Serge Ambroise on behalf of John Brunetti, Michael Cahill, Paul Capurso, Michael Cavanaugh, John Coffey, Catherine Condon, John DeLollis, Joseph Kaming, Kevin Kelly, Stephen McInnis, David Meberg, Terrence Moore, Kevin O'Brien, Paul O'Brien, Kevin O'Callaghan, Ronald Richardson, John Sheehy, Paul Tyzner, Christopher Wallace. (Ambroise, Serge) |
| Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Andrew J. Peck is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:13-cv-00234-JSR. Notice of Assignment to follow. (pgu) |
| Filing 2 NOTICE OF COURT CONFERENCE: Initial Conference set for 7/8/2013 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 6/21/2013) (js) |
| Filing 1 COMPLAINT against Robert Dugen, Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Richard Tonyes, Jr, Sonia Tonyes. (Filing Fee $ 350.00, Receipt Number 465401070058)Document filed by Stephen McInnis, Joseph Kaming, Ronald Richardson, David Meberg, Catherine Condon, Terrence Moore, Kevin O'Callaghan, Christopher Wallace, Paul Capurso, John Coffey, Kevin O'Brien, Michael Cavanaugh, Paul Tyzner, John DeLollis, John Sheehy, John Brunetti, Michael Cahill, Paul O'Brien, Kevin Kelly. (Attachments: #1 a, #2 b, #3 c, #4 d, #5 e, #6 f, #7 g, #8 h, #9 i, #10 j, #11 k, #12 l, #13 m, #14 n, #15 o, #16 p)(jd) |
| SUMMONS ISSUED as to Robert Dugen, Extreme Concrete Corp., RNC Industries LLC, River Avenue Contracting Corp., Richard J. Tonyes, Richard Tonyes, Jr, Sonia Tonyes. (jd) |
| Case Designated ECF. (jd) |
| CASE REFERRED TO Judge Jed S. Rakoff as possibly similar to 1:13-cv-234. (jd) |
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