Essar Steel Algoma Inc. v. Southern Coal Sales Corporation
| Southern Coal Sales Corporation, Nevada Holdings, Inc., James C. Justice Companies, Inc., James C. Justice Companies, LLC, Bluestone Industries, Inc., Bluestone Coal Corporation, Bluestone Mineral, Inc., Bluestone Energy Sales Corporation, A&G Coal Corporation, Tams Management Inc., Encore Leasing LLC, Bluestone Resources Inc., Justice Family Farms, LLC and Southern Coal Corporation |
| Essar Steel Algoma Inc. |
| 1:2017mc00360 |
| September 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Robert W Lehrburger |
| Analisa Torres |
| Other Statutory Actions |
| M 94 Other |
| Defendant |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 222 DECLARATION of Mark Butscha, Jr in Support re: #220 MOTION for Attorney Fees and Expenses.. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit Exhibit to Declaration).(Butscha, Mark) |
| Filing 221 MEMORANDUM OF LAW in Support re: #220 MOTION for Attorney Fees and Expenses. . Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| Filing 220 MOTION for Attorney Fees and Expenses. Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Mark Randal Butscha to RE-FILE Document #217 MOTION for Attorney Fees and Expenses. Use the event type Memorandum in Support of Motion; and Declaration in Support of Motion, BOTH found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Refile #218 Notice AS THE MOTION for Attorney Fees. Then file and link any supporting documents. (db) |
Filing 219
AMENDED 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: ECF No. 217., Settlement and Inquest After Default/Damages Hearing. SO ORDERED. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Analisa Torres on 9/6/2023) (jca)
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| Filing 218 NOTICE of of Motion for Attorney Fees and Expenses re: #217 MOTION for Attorney Fees and Expenses.. Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| Filing 217 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees and Expenses. Document filed by Essar Steel Algoma Inc. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit Exhibit 1 to Declaration).(Butscha, Mark) Modified on 9/22/2023 (db). |
| Filing 216 CLERK'S JUDGMENT re: #215 Order Adopting Report and Recommendations #212 Report and Recommendations in favor of Essar Steel Algoma Inc. against A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc. in the amount of $5,750,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 2, 2023, the Court has OVERRULED Defendants' objections to the R&R, ADOPTED the R&R's conclusions, GRANTED Algoma's motion to enforce the settlement agreement, and DENIED Defendants' Rule 60(b)(6) motion. Judgment is entered consistent with the R&R in favor of Algoma "in the amount of $5.75 million, plus post-judgment interest, and reasonable attorneys' fees expended in connection with Algoma's motion to enforce the [s]ettlement [a]greement." R&R at 10; see id. at 2, 8. (Signed by Clerk of Court Ruby Krajick on 8/2/2023) (Attachments: #1 Appeal Package) (km) |
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Filing 215
ORDER for #212 REPORT AND RECOMMENDATION TO HON. ANALISA TORRES: MOTION TO ENFORCE JUDGMENT re: #198 MOTION to Enforce Settlement Agreement filed by Essar Steel Algoma Inc. For the foregoing reasons, the Court OVERRULES Defendants' objections to the R&R, ADOPTS the R&R's conclusions, GRANTS Algoma's motion to enforce the settlement agreement, and DENIES Defendants' Rule 60(b)(6) motion. The Clerk of Court is directed to terminate the motion at ECF No. 198 and enter judgment consistent with the R&R in favor of Algoma "in the amount of $5.75 million, plus post-judgment interest, and reasonable attorneys' fees expended in connection with Algoma's motion to enforce the [s]ettlement [a]greement." R&R at 10; see id. at 2, 8. In order to determine the amount of reasonable attorney's fees, by September 5, 2023, Algoma shall "submit an application for attorney's fees with the appropriate supporting material." Id. at 10. SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2023) (jca) Transmission to Orders and Judgments Clerk for processing.
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| Filing 214 RESPONSE re: #213 Objection to Report and Recommendations, . Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| Filing 213 OBJECTION to #212 Report and Recommendations Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Ruby, Steven) |
| Filing 212 REPORT AND RECOMMENDATION TO HON. ANALISA TORRES: MOTION TO ENFORCE JUDGMENT re: #198 MOTION to Enforce Settlement Agreement filed by Essar Steel Algoma Inc. For the foregoing reasons, I recommend that (1) Plaintiff's motion to enforce the judgment be GRANTED; (2) Defendants' request to move to reform the Settlement Agreement pursuant to Fed. R. Civ. P. 60(b) be DENIED; and (3) judgment entered in favor of Plaintiff against Defendants in the amount of $5.75 million, plus post-judgment interest, and reasonable attorneys fees expended in connection with Algoma's motion to enforce the Settlement Agreement. Plaintiff should be directed to submit an application for attorneys' fees with the appropriate supporting material. Copies transmitted this date to all counsel of record. Objections to R&R due by 11/1/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 10/18/2022) (mml) |
| Filing 211 RESPONSE in Support of Motion re: #198 MOTION to Enforce Settlement Agreement . . Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| Filing 210 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Mark R. Butscha, Jr. dated October 3, 2022 re: Response to Pre-Motion Letter re: Rule 60(b) Motion. Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
| Filing 209 NOTICE of Hearing: Case Management Conference set for 10/13/2022 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh) |
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Filing 208
AMENDED ORDER OF REFERENCE TO A 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation)ECF Nos. 198, 20607,including evidentiary hearings if necessary and Settlement. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Analisa Torres on 9/27/2022) (ks)
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| Filing 207 RESPONSE in Opposition to Motion re: #198 MOTION to Enforce Settlement Agreement . . Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc.. (Attachments: #1 Exhibit Declaration of Stephen Ball).(Ruby, Steven) |
| Filing 206 LETTER addressed to Judge Analisa Torres from Steven R. Ruby dated September 26, 2022 re: Essar Steel Algoma, Inc. v. Nevada Holdings, Inc. f/k/a Southern Coal Sales Corporation, et al., Case No. 1:17-mc-00360. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Ruby, Steven) |
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Filing 205
ORDER granting #204 Motion for Steven R. Ruby to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #204 MOTION for Steven R. Ruby to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 204 MOTION for Steven R. Ruby to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC. (Attachments: #1 Affidavit Affidavit of Steven R. Ruby, #2 Text of Proposed Order Proposed Order, #3 Exhibit West Virginia Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Exhibit NY Certificate of Good Standing).(Haber, David) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #202 MOTION for Steven R. Ruby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26696998. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit must be filed with Motion and the Affidavit is missing caption. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Affidavit - attach Proposed Order. (sgz) |
| Filing 203 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Steven R. Ruby in Support re: #202 MOTION for Steven R. Ruby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26696998. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC..(Haber, David) Modified on 9/20/2022 (sgz). |
| Filing 202 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven R. Ruby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26696998. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC. (Attachments: #1 Affidavit Affidavit of Steven R. Ruby, #2 Text of Proposed Order Proposed Order, #3 Exhibit NY Certificate of Good Standing, #4 Exhibit West Virginia Certificate of Good Standing, #5 Exhibit District of Columbia Certificate of Good Standing).(Haber, David) Modified on 9/20/2022 (sgz). |
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Filing 201
ORDER granting #200 Letter Motion for Extension of Time to File Response/Reply re #200 LETTER MOTION for Extension of Time to File Response/Reply To Plaintiff's Motion to Enforce Settlement Agreement addressed to Judge Analisa Torres from David C. Haber dated 9/15/2022. GRANTED. SO ORDERED. Responses due by 9/26/2022. (Signed by Judge Analisa Torres on 9/16/2022) (kv)
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| Filing 200 LETTER MOTION for Extension of Time to File Response/Reply To Plaintiff's Motion to Enforce Settlement Agreement addressed to Judge Analisa Torres from David C. Haber dated 9/15/2022. Document filed by James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Haber, David) |
| Filing 199 MEMORANDUM OF LAW in Support re: #198 MOTION to Enforce Settlement Agreement . . Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit Declaration of Ron Spina, #2 Exhibit Declaration of Michael Moraca).(Butscha, Mark) |
| Filing 198 MOTION to Enforce Settlement Agreement . Document filed by Essar Steel Algoma Inc...(Butscha, Mark) |
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Filing 197
ORDER re: #196 Letter filed by A&G Coal Corporation, #187 Letter filed by Essar Steel Algoma Inc., #192 Letter filed by Essar Steel Algoma Inc. plaintiff's request to file a motion to enforce the settlement agreement is GRANTED. Plaintiff's request for a teleconference is DENIED. By 8/29/2022, Plaintiff shall file its motion to enforce the settlement agreement. By 9/19/2022, Defendants shall file their oppositions papers. By 10/3/2022, Plaintiff shall file its reply, if any. (Motions due by 8/29/2022, Responses due by 9/19/2022, Replies due by 10/3/2022.) (Signed by Judge Analisa Torres on 7/25/2022) (tro)
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| Filing 196 LETTER addressed to Judge Analisa Torres from David Haber dated 7/21/2022 re: Case No. 1:17-mc-00360. Document filed by A&G Coal Corporation..(Haber, David) |
| Filing 195 NOTICE OF APPEARANCE by David Cobert Haber on behalf of James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Haber, David) |
| Filing 194 NOTICE OF APPEARANCE by David Cobert Haber on behalf of A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC..(Haber, David) |
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Filing 193
ORDER re: #191 Order. On June 3, 2022, the Court granted Defendants' former attorneys' request to permit them 30 days from the date of Plaintiff's letter to obtain new counsel and file a response letter. ECF Nos. 188, 191. The 30 days expired on June 24, 2022. ECF No. 191. The Court shall permit Defendants 14 more days to obtain counsel and have that counsel enter an appearance and file a responsive letter. Accordingly, by July 21, 2022, new counsel for Defendants shall enter their appearance and make such a filing. The Court will not grant any further extensions absent a showing of good cause. Failure to comply with this order will result in a briefing schedule being entered. The Court shall send this order, via email, this order to the addresses of Defendants provided by their former attorneys. SO ORDERED. (Signed by Judge Analisa Torres on 7/7/2022) (kv)
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| Filing 192 LETTER addressed to Judge Analisa Torres from Kip T. Bollin dated 06/29/2022 re: Motion to Enforce Settlement Agreement. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
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Filing 191
ORDER re: #190 Letter filed by Essar Steel Algoma Inc., #188 Letter,, filed by Bluestone Mineral, Inc., Essar Steel Algoma Inc., Bluestone Industries, Inc., Encore Leasing LLC, Southern Coal Sales Corporation, A&G Coal Corporation, Bluestone Coal Corporation, Nevada Holdings, Inc., James C. Justice Companies, Inc., Justice Family Farms, LLC, Tams Management Inc., Southern Coal Corporation, James C. Justice Companies, LLC, Bluestone Resources Inc., Bluestone Energy Sales Corporation, #187 Letter filed by Essar Steel Algoma Inc.. Accordingly, by June 24, 2022, Defendants shall retain new counsel, counsel for Defendants shall file a notice of appearance in this matter, and Defendants shall file their response to Plaintiff's pre-motion letter, if any. SO ORDERED. (Signed by Judge Analisa Torres on 6/3/2022) (kv)
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| Filing 190 LETTER addressed to Judge Analisa Torres from Kip T Bollin dated 05/25/2022 re: Response to Defendants' Request for 30 Days to Retain New Counsel. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
| Filing 189 NOTICE OF APPEARANCE by Emily Joy Mathieu on behalf of Essar Steel Algoma Inc...(Mathieu, Emily) |
| Filing 188 LETTER addressed to Judge Analisa Torres from Lee D. Schneider dated 05/24/2022 re: Letter Regarding Firm No Longer Representing Defendants And Requesting Pre-Motion Letter Held in Abeyance. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, Essar Steel Algoma Inc., James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Schneider, Lee) |
| Filing 187 LETTER addressed to Judge Analisa Torres from Kip T Bollin dated 05/23/2022 re: Pre-Motion Letter regarding Motion to Enforce Settlement Agreement. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
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Filing 186
MEMO ENDORSEMENT on re: #183 Settlement Agreement filed by Essar Steel Algoma Inc.. ENDORSEMENT: SO ORDERED. (Signed by Judge Analisa Torres on 9/23/2020) (kv)
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Filing 185
ORDER granting #182 Letter Motion to Seal. GRANTED. The document at issue contains financial account information and confidential business info1mation. (Signed by Judge Analisa Torres on 9/23/2020) (kv)
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| Filing 184 ***SELECTED PARTIES***SETTLEMENT AGREEMENT (FILED UNDER SEAL). Document filed by Essar Steel Algoma Inc., A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, Essar Steel Algoma Inc., James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc.. (Attachments: #1 Exhibit A - Filed Under Seal Coal Supply Agreement, #2 Exhibit B - Filed Under Seal Stipulation of Entry of Judgment)Motion or Order to File Under Seal: #182 .(Bollin, Kip) |
| Filing 183 SETTLEMENT AGREEMENT (REDACTED). Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Redacted Coal Supply Agreement, #2 Exhibit B - Redacted Stipulation of Entry of Judgment).(Bollin, Kip) |
| Filing 182 JOINT LETTER MOTION to Seal regarding Settlement Agreement addressed to Judge Analisa Torres from Kip T. Bolin dated September 22, 2020. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
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Filing 181
ORDER granting #180 Letter Motion for Extension of Time. GRANTED. The deadline to reopen the case or submit a settlement agreement for approval is EXTENDED to September 22, 2020. SO ORDERED. (Signed by Judge Analisa Torres on 9/3/2020) (kv)
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| Filing 180 JOINT LETTER MOTION for Extension of Time for (1) either party to file an application to reopen the case if the settlement is not consummated, and (2) submission of the parties settlement agreement to the Court so that the Court may retain jurisdiction to enforce the settlement agreement addressed to Judge Analisa Torres from Kip T. Bollin dated September 3, 2020. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
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Filing 179
ORDER: The Court having been advised that all claims asserted herein have been settled in principle, ECF No. 178, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within forty-five days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within forty-five days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same forty-five-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 7/22/2020) (kv)
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| Filing 178 JOINT LETTER MOTION for Extension of Time Re: Current Case Schedule addressed to Judge Analisa Torres from Attorney Kip T. Bollin dated 7/22/2020. Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
| Filing 177 MOTION for Jason Pepe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20438816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc.. (Attachments: #1 Affidavit of Jason Pepe, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Schneider, Lee) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #177 MOTION for Jason Pepe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20438816. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq) |
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Filing 176
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. PLEASE TAKE NOTICE, that subject to the approval of this court, the law firm of Kelley Jasons McGowan Spinelli Hanna & Reber. LLP (Lee D. Schneider, Esq. (State Bar No. 5083415), is substituted as counsel of record in the place and stead of Richard A. Getty, Esq., of the law firm, The Getty Law Group, PLLC, and Philip Robben, Esq., of the law firm, Kelley Drye & Warren, LLP, with regard to the representation of the following defendants: Nevada Holdings, Inc., f/k/a Southern Coal Sales Corporation, James C. Justice Companies, Inc. James C. Justice Companies, LLC, Bluestone Industries, Inc., Bluestone Coal Corporation, Bluestone Mineral, Inc., f/k/a Mechel Bluestone, Bluestone Energy Sales Corporation. A&G Coal Corporation, Tams Management Inc., Encore Leasing LLC. Bluestone Resources Inc., Justice Family Farms, LLC, and Southern Coal Corporation ("Defendants"). I hereby consent to the above substitution. The substitution of attorney is hereby approved and SO ORDERED. (Attorney Richard A. Getty and Philip David Robben terminated). (Signed by Judge Analisa Torres on 6/25/2020) (rjm)
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| Filing 175 NOTICE OF APPEARANCE by Lee Daniel Schneider on behalf of A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Schneider, Lee) |
| Filing 174 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, Essar Steel Algoma Inc., James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Schneider, Lee) |
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Filing 173
ORDER: Having reviewed the parties' joint status letter, ECF No. 171, it is hereby ORDERED that: By July 31, 2020, Plaintiff shall complete the depositions of Defendants' expert witnesses; By August 14, 2020, Plaintiff shall serve its Rule 56.1 Statement; By August 28, 2020, Defendants shall respond to Plaintiff's Rule 56.1 Statement; By September 4, 2020, Plaintiff shall file a pre-motion letter regarding summary judgment; and By September 11, 2020, Defendants shall respond to Plaintiff's pre-motion letter. It is further ORDERED that the case management conference scheduled for June 8, 2020 is ADJOURNED to September 17, 2020, at 10:40 a.m. SO ORDERED., ( Deposition due by 7/31/2020.) (Signed by Judge Analisa Torres on 6/02/2020) (ama)
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| Set/Reset Hearings: Case Management Conference set for 9/17/2020 at 10:40 AM before Judge Analisa Torres. (ama) |
| Filing 172 ANSWER to Complaint with JURY DEMAND. Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Getty, Richard) |
| Filing 171 STATUS REPORT. Joint Status Report Document filed by Essar Steel Algoma Inc...(Bollin, Kip) |
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Filing 170
ORDER denying #145 Motion to Dismiss. For the foregoing reasons, the Justice Parties' motion to dismiss the SAC is DENIED. The parties shall appear for a case management conference on June 8, 2020, at 11:00 a.m. By June 1, 2020, the parties shall submit their joint status report. See ECF No. 29 paragraph 16. The Clerk of Court is directed to terminate the motion at ECF No. 145. (Signed by Judge Analisa Torres on 5/18/2020) (mro)
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| Set/Reset Hearings: Case Management Conference set for 6/8/2020 at 11:00 AM before Judge Analisa Torres. (mro) |
| Filing 169 NOTICE TO TAKE DEPOSITION of John Stark and Shawn Galey on 3/3/20 and 3/4/20 at 9:00 am.Document filed by A&G Coal Corporation, Bluestone Coal Corporation, Bluestone Energy Sales Corporation, Bluestone Industries, Inc., Bluestone Mineral, Inc., Bluestone Resources Inc., Encore Leasing LLC, James C. Justice Companies, Inc., James C. Justice Companies, LLC, Justice Family Farms, LLC, Nevada Holdings, Inc., Southern Coal Corporation, Southern Coal Sales Corporation, Tams Management Inc...(Getty, Richard) |
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Filing 168
ORDER GRANTING WITHDRAWAL AS COUNSEL granting #165 Motion to Withdraw as Attorney. WHEREAS Melissa A. Barrett seeks to withdraw as counsel of record for Plaintiff Essar Steel Algoma Inc. as Ms. Barrett is ending her employment with the law firm Thompson Hine LLP; and WHEREAS Essar Steel Algoma Inc. will continue to be represented by Kip T. Bollin, Laura L. Watson, Mark R. Butscha, Jr. and Rebecca Brazzano in this action, and thus the withdrawal of Ms. Barrett will not result in any prejudice or delay; IT IS HEREBY ORDERED that Melissa A. Barrett is hereby withdrawn as counsel of record for Essar Steel Algoma Inc. and shall be removed from all future notices in this action. Attorney Melissa Ann Barrett terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 1/16/2020) (mml)
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| Filing 167 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Essar Steel Algoma Inc.. Related Document Number: #165 . (Barrett, Melissa) |
| Filing 166 DECLARATION of Melissa A. Barrett in Support re: #165 MOTION for Melissa A. Barrett to Withdraw as Attorney .. Document filed by Essar Steel Algoma Inc.. (Barrett, Melissa) |
| Filing 165 MOTION for Melissa A. Barrett to Withdraw as Attorney . Document filed by Essar Steel Algoma Inc..(Barrett, Melissa) |
| Filing 164 NOTICE OF APPEARANCE by Philip David Robben on behalf of Nevada Holdings, Inc., James C. Justice Companies, Inc., James C. Justice Companies, LLC, Bluestone Industries, Inc., Bluestone Coal Corporation, Bluestone Mineral, Inc., Bluestone Energy Sales Corporation, A&G Coal Corporation, Tams Management Inc., Encore Leasing LLC, Bluestone Resources Inc., Justice Family Farms, LLC, Southern Coal Corporation. (Robben, Philip) |
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Filing 163
ORDER granting #162 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Farkas, Brian)
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| Filing 162 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Richard A. Getty dated 09/25/2019. Document filed by Southern Coal Sales Corporation.(Getty, Richard) |
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Filing 161
ORDER ADOPTING REPORT AND RECOMMENDATION for #142 Motion to Amend/Correct filed by Southern Coal Sales Corporation, #157 Report and Recommendations. The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, it is hereby ORDERED that Defendant's motion to amend, ECF No. 142, is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 142. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/13/2019) (cf)
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Filing 160
ORDER granting #158 Letter Motion for Extension of Time. No further extensions absent compelling circumstances. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 159 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 09/09/2019 re: Defendants Nevada Holdings, Inc.'s 30-day Extension to obtain local counsel. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A. - Letter Regarding Depositions)(Bollin, Kip) |
| Filing 158 LETTER MOTION for Extension of Time to Designate Local Counsel addressed to Judge Analisa Torres from Richard A. Getty dated August 30, 2019. Document filed by Southern Coal Sales Corporation.(Getty, Richard) |
| Filing 157 REPORT AND RECOMMENDATION TO HON. ANALISA TORRES: MOTION TO AMEND re: #142 MOTION to Amend/Correct #141 Memo Endorsement, Set Deadlines. filed by Southern Coal Sales Corporation. Southern Coal unduly delayed, has failed to show that it was diligent in pursuing its amendment to add four counterclaims, and has failed to demonstrate good cause for the amendment. All but one part of one counterclaim is futile. Amending at this time will unduly prejudice Algoma. For the foregoing reasons, I recommend Southern Coal's motion to amend be DENIED in its entirety. Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the Chambers of the Honorable Analisa Torres, 500 Pearl Street, New York, New York 10007, and to the Chambers of the undersigned, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 9/10/2019.) (Signed by Magistrate Judge Robert W. Lehrburger on 8/37/2019) Copies transmitted to all counsel of record. (rro) |
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Filing 156
ORDER granting #148 Motion to Withdraw. NOTICE OF MOTION TO WITHDRAW AS COUNSEL Pursuant to Local Rule 1.4 and Rule 1.16(c) of the New York Rules of Professional Conduct, Kelley Drye & Warren LLP, respectfully moves this Court for an order granting leave to withdraw as counsel of record for Defendants Nevada Holdings, Inc. (formerly Southern Coal Sales Corporation); James C. Justice Companies, Inc.; James C. Justice Companies, LLC; Bluestone Industries, Inc.; Bluestone Coal Corporation; Bluestone Mineral, Inc.; Bluestone Energy Sales Corporation; A&G Coal Corporation; Tams Management Inc.; Encore Leasing LLC; Bluestone Resources Inc.; Justice Family Farms, LLC; and Southern Coal Corporation in the above-captioned case. Kelley Drye respectfully requests that the Court issue an Order: (i) permitting Kelley Drye and each of its members, counsel, and associated lawyers that have appeared in this action to immediately withdraw as counsel for Defendants; and (ii) granting Kelley Drye such other and further relief as the Court deems just and proper. GRANTED. Southern Coal shall obtain local counsel by August 26, 2019. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/25/2019) (ks)
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| Filing 155 RESPONSE to Motion re: #148 MOTION to Withdraw KELLEY DRYE & WARREN LLP AS COUNSEL. . Document filed by Essar Steel Algoma Inc.. (Bollin, Kip) |
| Filing 154 REPLY MEMORANDUM OF LAW in Support re: #145 MOTION to Dismiss . . Document filed by Southern Coal Sales Corporation. (Harlan, Danielle) |
| Filing 153 RESPONSE in Opposition to Motion re: #145 MOTION to Dismiss . . Document filed by Essar Steel Algoma Inc.. (Bollin, Kip) |
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Filing 152
ORDER: Any opposition to the motion to withdraw (Dkt. 148) shall be filed by July 24, 2019. (Signed by Magistrate Judge Robert W. Lehrburger on 7/10/2019) (Lehrburger, Robert)
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| Filing 151 AFFIDAVIT OF SERVICE of NOTICE OF MOTION TO WITHDRAW AS COUNSEL, MEMORANDUM OF LAW IN SUPPORT OF KELLEY DRYE & WARREN LLPS MOTION TO WITHDRAW, DECLARATION OF PHILLIP D. ROBBEN IN SUPPORT OF KELLEY DRYE & WARREN LLPS MOTION TO WITHDRAW AS COUNSEL served on Steve Ball, Esq. Vice President and General Counsel of Southern Coal Corporation on 7/9/2019. Service was made by mail. Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 150 DECLARATION of Philip D. Robben in Support re: #148 MOTION to Withdraw KELLEY DRYE & WARREN LLP AS COUNSEL.. Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 149 MEMORANDUM OF LAW in Support re: #148 MOTION to Withdraw KELLEY DRYE & WARREN LLP AS COUNSEL. . Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 148 MOTION to Withdraw KELLEY DRYE & WARREN LLP AS COUNSEL. Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
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Filing 147
ORDER granting #146 Letter Motion for Extension of Time to File Response/Reply. Granted. SO ORDERED. Responses due by 7/12/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 6/27/2019) (mml)
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| Filing 146 LETTER MOTION for Extension of Time to File Response/Reply as to #145 MOTION to Dismiss . addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 06/27/2019. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 145 MOTION to Dismiss . Document filed by Southern Coal Sales Corporation. (Attachments: #1 Supplement Memorandum in support, #2 Exhibit A James Justice III deposition excerpts, #3 Exhibit B Steve Ball 2019 deposition excerpts, #4 Exhibit C Steve Ball 2018 deposition excerpts, #5 Exhibit D Aaron Heighton Expert Report, #6 Exhibit E Stark Expert Report without exhibits)(Getty, Richard) |
| Filing 144 REPLY MEMORANDUM OF LAW in Support re: #142 MOTION to Amend/Correct #141 Memo Endorsement, Set Deadlines,, . . Document filed by Southern Coal Sales Corporation. (Harlan, Danielle) |
| Filing 143 MEMORANDUM OF LAW in Opposition re: #142 MOTION to Amend/Correct #141 Memo Endorsement, Set Deadlines,, . . Document filed by Essar Steel Algoma Inc.. (Bollin, Kip) |
| Filing 142 MOTION to Amend/Correct #141 Memo Endorsement, Set Deadlines,, . Document filed by Southern Coal Sales Corporation. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit A to Memorandum in Support; Amended Answer and Counterclaim, #3 Exhibit 1 to Amended Answer and Counterclaim, #4 Exhibit 2 to Amended Answer and Counterclaim, #5 Exhibit 3 to Amended Answer and Counterclaim, #6 Exhibit 4 to Amended Answer and Counterclaim, #7 Exhibit 5 to Amended Answer and Counterclaim, #8 Exhibit 6 to Amended Answer and Counterclaim, #9 Exhibit 7 to Amended Answer and Counterclaim)(Getty, Richard) |
| Filing 141 MEMO ENDORSEMENT on re: #140 Letter filed by Southern Coal Sales Corporation. ENDORSEMENT: GRANTED. By May 20, 2019, Defendants shall file their motion to amend. By June 24, 2019, Defendants shall file their motion to dismiss. By July 8, 2019, Plaintiff shall file its opposition. By July 15, 2019, Defendants shall file their reply, if any. (Motions due by 6/24/2019., Responses due by 7/8/2019, Replies due by 7/15/2019.) (Signed by Judge Analisa Torres on 4/25/2019) (cf) |
| Filing 140 LETTER addressed to Judge Analisa Torres from Danielle Harlan dated 04/25/2019 re: Joint Request to Continue Two Deadlines. Document filed by Southern Coal Sales Corporation.(Harlan, Danielle) |
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Filing 139
ORDER: 1. By June 3, 2019, Defendants shall file their motion to dismiss; 2. By June 17, 2019, Plaintiff shall file its opposition; and 3. By June 24, 2019, Defendants shall file their reply, if any. (As further set forth in this Order.) (Motions due by 6/3/2019., Responses due by 6/17/2019, Replies due by 6/24/2019.) (Signed by Judge Analisa Torres on 3/28/2019) (cf)
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Filing 138
ORDER granting #132 Motion for Leave to File Document. Per the telephonic conference held on March 27, 2019, the Court ORDERS as follows: 1. For the reasons stated at the conference, Defendant's request to file a motion to amend to add counterclaims is denied without prejudice to renew by April 29, 2019. The Clerk of the Court is respectfully requested to terminate the motion at Dkt. 132. 2. The deadline for Defendant to produce its responding expert reports is extended through May 20, 2019. 3. Defendant's motion to dismiss shall be filed no later than June 3, 2019. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/27/2019) Copies transmitted to all counsel of record. (ks)
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| Set/Reset Deadlines: Motions due by 6/3/2019. (ks) |
| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 3/27/2019 at 10:00 a.m. (rsh) |
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Filing 137
ORDER: SCSC's request (Dkt. 136) for a pre-motion conference to file a motion to strike footnote 3 of Plaintiff's March 21, 2019 letter is DENIED. Footnote 3 is merely argument and characterization of case law, which the Court is able to read and assess. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 136 LETTER MOTION for Conference re: #135 Letter, addressed to Magistrate Judge Robert W. Lehrburger from Richard A. Getty dated March 26, 2019. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Exhibit A Pinnacle Bank case, #2 Exhibit B Treadway case, #3 Exhibit C Pinnacle Mining case, #4 Exhibit D State ex rel. Bluestone case)(Getty, Richard) |
| Filing 135 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kip Bollin dated 03/21/2019 re: Response to March 13 Pre Motion Letter (DKT 132). Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Amending Agreement, #2 Exhibit B - Jay Depo Excerpt, #3 Exhibit C - Navneet Depo Excerpt, #4 Exhibit D - Nov. 30 e-mail re Expert Topics)(Bollin, Kip) |
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Filing 134
SCHEDULING ORDER: Telephone Conference set for 3/27/2019 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference line at (888)-398-2342 and access code is 9543348. (Signed by Magistrate Judge Robert W. Lehrburger on 3/19/2019) (rsh)
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Filing 133
ORDER: The undersigned will address the issues raised in Defendants' letter dated March 13, 2019 (Dkt. 132). Plaintiff shall submit a response to Defendants' letter no later than March 21, 2019. The Court will schedule a conference with the parties to discuss these issues. The March 19, 2019 deadline for submission of SCSC's expert reports will be held in abeyance until that court conference. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 132 LETTER MOTION for Leave to File Amend Answer and file Counterclaim and extend deadlines addressed to Judge Analisa Torres from Richard A. Getty dated 03/13/2019. Document filed by Southern Coal Sales Corporation.(Getty, Richard) |
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Filing 131
ORDER: Having reviewed the parties' joint status letter dated March 1, 2019, ECF No. 130, it is hereby ORDERED that the case management conference scheduled for March 6, 2019 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 3/5/2019) (ne)
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| Filing 130 STATUS REPORT. (Joint) Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
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Filing 129
ORDER: Accordingly, it is hereby ORDERED that the parties shall submit their joint status report by March 1, 2019. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/28/2019) (cf)
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Filing 128
ORDER terminating #124 Letter Motion for Leave to File Document. Having reviewed the parties' letters dated Januaiy 22 and 29, 2019, ECF Nos. 124 & 126, it is hereby ORDERED that: 1. By March 27, 2019, Defendants shall file their motion to dismiss; 2. By April 10, 2019, Plaintiff shall file its opposition; and 3. By April 17, 2019, Defendants shall file their reply, if any. The Clerk of Court is directed to terminate the motion at ECF No. 124. (Signed by Judge Analisa Torres on 2/27/2019) (cf)
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Filing 127
ORDER: Plaintiff was permitted to amend the complaint to add thirteen entities as defendants (the "Proposed Defendants") and denied leave to amend to add two individuals as defendants. Id. On November 13, 2018, Defendant filed objections to the Order, seeking reconsideration of the portion of the Order that granted Plaintiffs request. (As further set forth in this Order.) For the foregoing reasons, Defendant's objections are OVERRULED and the Order at ECF No. 71 is AFFIRMED in its entirety. (Signed by Judge Analisa Torres on 2/27/2019) (cf)
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| Set/Reset Deadlines: Motions due by 3/27/2019. Responses due by 4/10/2019 Replies due by 4/17/2019. (cf) |
| Filing 126 LETTER addressed to Judge Analisa Torres from Kip T. Bollin dated 01/29/2019 re: January 22, 2019 Letter Filed by Defendants. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 125 ANSWER to #106 Amended Complaint with JURY DEMAND. Document filed by Southern Coal Sales Corporation.(Getty, Richard) |
| Filing 124 LETTER MOTION for Leave to File Motion of new Defendants to Dismiss Second Amended Complaint addressed to Judge Analisa Torres from Richard A. Getty dated 01/22/2019. Document filed by Southern Coal Sales Corporation.(Getty, Richard) |
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Filing 123
ORDER granting #122 Letter Motion to Adjourn Conference. GRANTED. The case management conference scheduled for January 29, 2019 is ADJOURNED to March 6, 2019, at 11:00 a.m. Case Management Conference set for 3/6/2019 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/22/2019) (mro)
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| Filing 122 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Kip Bollin dated 01/18/2019. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 121 NOTICE OF APPEARANCE by Marcel Radomile on behalf of Southern Coal Sales Corporation. (Radomile, Marcel) |
| Filing 120 NOTICE OF APPEARANCE by Danielle Harlan on behalf of Southern Coal Sales Corporation. (Harlan, Danielle) |
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Filing 119
ORDER granting #117 Motion for Marcel E. Radomile to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 118
ORDER granting #116 Motion for Danielle Harlan to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 117 MOTION for Marcel E. Radomile to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16192916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order proposed Order, #2 Affidavit Affidavit of Marcel Radomile, #3 Exhibit Kentucky Certificate of Good Standing)(Radomile, Marcel) |
| Filing 116 MOTION for Danielle Harlan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16192752. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order proposed Order, #2 Affidavit Danielle Harlan Affidavit, #3 Exhibit Kentucky Certificate of Good Standing)(Harlan, Danielle) Modified on 1/15/2019 (ma). Modified on 1/15/2019 (ma). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #117 MOTION for Marcel E. Radomile to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16192916. Motion and supporting papers to be reviewed by Clerk's Office staff., #116 MOTION for Danielle Harlan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16192752. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 115 MEMO ENDORSEMENT on re: #114 Letter filed by Essar Steel Algoma Inc. ENDORSEMENT: GRANTED. Reset dates as per top of page 2. (Deposition due by 3/29/2019.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/10/2019) (mml) |
| Filing 114 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated January 10, 2019 re: Extension of Discovery Deadlines. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 113 NOTICE OF APPEARANCE by Richard A. Getty on behalf of Southern Coal Sales Corporation. (Getty, Richard) |
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Filing 112
ORDER granting #111 Motion for Richard Alan Getty to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) Transmission to Attorney Services/Help Desk.
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| Filing 111 MOTION for Richard Alan Getty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16158552. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order proposed Order, #2 Affidavit Richard A. Getty Affidavit, #3 Exhibit Kentucky Certificate of Good Standing)(Getty, Richard) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #111 MOTION for Richard Alan Getty to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16158552. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Filing 110
MEMO ENDORSEMENT on re: #109 Letter filed by Southern Coal Sales Corporation. ENDORSEMENT: GRANTED in part, DENIED in part. Defenant's request to forego the first exchange of letters is DENIED. By December 21, 2018, Defendants shall serve the initial letter requiring by Rule III.B of the Court's Individual Practices in Civil Cases. By January 22, 2019, Defendants shall answer or otherwise respond to the complaint. SO ORDERED. Southern Coal Sales Corporation answer due 1/22/2019. (Signed by Judge Analisa Torres on 12/18/2018) (kv)
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| Filing 109 LETTER addressed to Judge Analisa Torres from Philip D. Robben dated 12/18/2018 re: updating the Court in advance of filing a pre motion letter. Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
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Filing 108
MEMO ENDORSED ORDER granting #107 Notice of Motion and Motion for Withdrawal of Appearance. ENDORSEMENT: SO ORDERED. Attorney Mark R. Robeck terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 12/12/2018) (mml)
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| Filing 107 MOTION for Mark R. Robeck to Withdraw as Attorney . Document filed by Southern Coal Sales Corporation.(Robeck, Mark) |
| Filing 106 SECOND AMENDED COMPLAINT amending #39 Amended Complaint, against Southern Coal Sales Corporation.Document filed by Essar Steel Algoma Inc.. Related document: #39 Amended Complaint,.(Bollin, Kip) |
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Filing 105
ORDER granting #104 Letter Motion to Adjourn Conference. GRANTED. The case management conference scheduled for December 13, 2018 is ADJOURNED to January 29, 2019, at 12:00 p.m. SO ORDERED. (Case Management Conference set for 1/29/2019 at 12:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 12/6/2018) (rro)
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| Filing 104 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Kip T. Bollin dated 12/06/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 103 REPLY re: #71 Order on Motion for Leave to File Document, #89 Response, #82 Objection (non-motion) . DEFENDANT-SOUTHERN COAL SALES CORPORATION'S REPLY IN FURTHER SUPPORT OF ITS OBJECTION TO ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
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Filing 102
ORDER: The Court has received and reviewed Plaintiff's December 3, 2018 letter responding to Defendant's November 28, 2018 letter. Defendant's letter was submitted shortly after the Court issued an order regarding Plaintiff's request to remove one party defendant in the Second Amended Complaint (SAC) and add another in its place. Having considered the submissions and prior proceedings, it is hereby ordered that Plaintiff may add Encore Leasing as a party-defendant for purposes of potential alter-ego liability. However, if Defendant's objections to the addition of the other alter-ego defendants are sustained, then Encore Leasing will be treated in kind. In the meantime, Plaintiff shall revise the SAC to include the allegations specific to Encore Leasing and may then proceed with filing the SAC. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 101 LETTER MOTION for Leave to File Substitute Party to Second Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 12/03/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 100 REDACTION of the 10/30/18 deposition testimony of Steven W. Ball, originally filed under seal as Exhibit A to #74 by Southern Coal Sales Corporation(Byroade, Melissa) |
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Filing 99
ORDER granting #98 Motion to Seal Document: Defendant's request to file the Ball deposition transcript under seal is granted. Defendant shall file a public version of the document with the redactions set forth in Exhibit 1 to Dkt. 98. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 98 LETTER MOTION to Seal Document Requesting that the portions of the 10/30/18 deposition testimony of Steven W. Ball that are redacted in Exhibit A hereto remain sealed addressed to Magistrate Judge Robert W. Lehrburger from Melissa E. Byroade dated 12/03/2018. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Exhibit A: Revised proposed redactions to Ball transcript)(Byroade, Melissa) |
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Filing 97
ORDER: Defendant's production of documents and interrogatory: December 11, 2018 responses pursuant to dkt. 87, Conclude Rule 30(b)(6) deposition of Defendant: January 11, 2019, Plaintiff expert report(s): January 22, 2019, Deposition of Plaintiff's expert witness(es): February 1, 2019, Defendant's expert report(s): February 12, 2019, Deposition of Defendant's expert witness(es): February 22, 2019. If an issue at the time Defendant serves expert report, Plaintiff can raise the issue then. No need to address now. Deposition due by 1/11/2019. (Signed by Magistrate Judge Robert W. Lehrburger on 12/3/2018) (mml)
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Filing 96
ORDER denying without prejudice #92 Motion to Seal Document: The portions of the deposition transcript submitted for filing under seal are overbroad. Defendant's motion to seal is denied without prejudice to submission of a revised set of redactions. The redactions should be limited to numbers (for dollar and percentage figures) and company names. Page 109 is an example of a properly redacted page. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 95 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 11/30/2018 re: Revised Dates. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Proposed Order)(Bollin, Kip) |
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Filing 94
ORDER: The Court is in receipt of Defendant's November 28, 2018 letter (Dkt. 91) consenting to removal of a defendant from the Second Amended Complaint (SAC) but objecting to the addition of another entity, Encore Leasing LLC. The letter was received shortly after the Court issued an Order granting Plaintiff's request to make the addition. Despite the untimeliness of Defendant's letter, the Court will revisit the issue and directs that Plaintiff submit a response to Defendant's letter no later than December 3, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 11/29/2018) (Lehrburger, Robert)
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Filing 93
ORDER: The Court is in receipt of Defendant's filing requesting portions of Mr. Ball's deposition transcript to remain under seal. The submission attached both a redacted and unredacted transcript. The Court asks that no later than December 3, 2018, Defendant submit a version of the deposition transcript that has the designated portions highlighted thus avoiding the necessity of comparing two transcripts side by side. (Signed by Magistrate Judge Robert W. Lehrburger on 11/29/2018) (Lehrburger, Robert)
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| Filing 92 LETTER MOTION to Seal Document Requesting that the portions of the 10/30/18 deposition testimony of Steven W. Ball that are redacted hereto remain sealed addressed to Magistrate Judge Robert W. Lehrburger from Melissa E. Byroade dated 11/28/2018. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Exhibit A: Proposed redactions to Ball transcript)(Byroade, Melissa) |
| Filing 91 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Philip D. Robben dated 11/28/2018 re: in response to the Letter Motion to Substitute Party to Second Amended Complaint filed by Plaintiff Essar Steel Algoma Inc. ("Essar") #88 . Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
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Filing 90
ORDER: The Court is in receipt of Plaintiff's November 21, 2018 letter motion to remove one party defendant while adding another party defendant from the Second Amended Complaint ("SAC"). Defendants have not responded to that application. However, Defendants' objections to the earlier order of this Court permitting the SAC to be filed are pending before the District Judge. Accordingly, the Court issues the following conditional order: If Defendants objections are overruled, Plaintiff's application to remove is granted; if Defendants objections are sustained, Plaintiff's application is denied. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 89 RESPONSE re: #82 Objection (non-motion) to Magistrate Judge's Order Granting Motion for Leave to Amend Complaint. Document filed by Essar Steel Algoma Inc.. (Bollin, Kip) |
| Filing 88 LETTER MOTION for Leave to File Substitute Party to Second Amended Complaint addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 11/21/2018. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit 1 - Steve Ball Deposition Excerpt, #2 Exhibit 2 - Select Financial Docs)(Bollin, Kip) |
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Filing 87
ORDER: Accordingly, 1. Defendant shall produce a 30(b)(6) witness to answer questions about: (a) how and where revenue from Algoma was recorded (whether on SCSC's records or another entity's records) and what it was used for; (b) to what extent and why revenue from SCSC's sales to Algoma was not recorded on SCSC's general ledger, tax returns and income statements, as further set forth in this Order. 4. The continued 30(b)(6) deposition shall be limited to three-and-a-half hours. 5. No later than November 27, 2018, the parties shall meet and confer in good faith as to the timing for (a) Defendant's production of the documents and interrogatory responses set forth above; (b) the continuation of Defendant's 30(b)(6) testimony; and (c) revised dates for expert discovery. 6. No later than November 30, 2018, the parties shall file with the Court a proposed order reflecting the adjusted schedule. Because the Court has more narrowly tailored the discovery at issue to Algoma and SCSC (and Southern Coal Corporation with respect to inventory), the Court does not believe there is sufficient cause to stay this order pending Defendant's appeal of the Court's order regarding the amended complaint. (Signed by Magistrate Judge Robert W. Lehrburger on 11/20/2018) (mml) Modified on 4/22/2019 (mml).
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Filing 86
SCHEDULING ORDER: Telephone Conference set for 11/19/2018 at 4:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 11/19/2018) (rsh)
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| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 11/19/2018 at 4:00 p.m. (rsh) |
| Filing 85 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Philip D. Robben dated 11/16/2018 re: #80 Letter Regarding Additional Deposition Testimony. Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
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Filing 84
ORDER granting #83 Motion to Seal Document. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/16/2018) (mml) Transmission to Sealed Records Clerk for processing.
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| Filing 83 LETTER MOTION to Seal Document #80 Response to November 7, 2018 Order (dkt. 75) addressed to Magistrate Judge Robert W. Lehrburger from Attorney Kip T. Bollin dated 11/15/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 82 Objection re: #71 Order on Motion for Leave to File Document, . Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 81 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Southern Coal Corporation for Southern Coal Sales Corporation. Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
| Filing 80 RESPONSE re: 75 Order on Motion for Extension of Time,,,,, . Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Lehrburger Letter)(Bollin, Kip) |
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Filing 79
ORDER granting in part and denying in part #78 Motion to Seal Document: The parties may proceed as requested with respect to the deposition transcript of Mr. Ball. As for the governing protective order going forward, in this Circuit, sealing of court materials is the exception, not the rule. The Court does not believe it appropriate to adopt protective order provisions that may be permitted in other districts but more likely to be frowned upon here. At the same time, the Court is mindful that the parties have long operated under the protective order they agreed to and that the court entered prior to the time this case was transferred from the District of Delaware (the "Delaware Order"). Accordingly, the Court hereby orders that the Protective Order previously agreed to by the parties and entered by the Court when this case was in the District of Delaware shall continue to govern this case except with respect to (a) numbered item 2 of the Delaware Order approving the Protective Order and (b) sentences 2, 3 and 4 of the first paragraph of section 18 of the Protective Order. The parties shall abide by this Court's individual rules of practice II(C) and III(G) governing materials to be filed under seal. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 78 LETTER MOTION to Seal Document Requesting that Plaintiffs Letter Motion to Compel Discovery Dated 10/31/18 #72 Remain Redacted and that Exhibit A to Defendants Response to the 10/31/18 Letter Motion #74 be Filed Under Seal addressed to Magistrate Judge Robert W. Lehrburger from Melissa E. Byroade dated 11/08/18. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Exhibit A: Stipulated Protective Order)(Byroade, Melissa) |
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Filing 77
ORDER: The case management conference scheduled for November 14, 2018 is ADJOURNED to December 13, 2018, at 11:40 a.m. (Case Management Conference set for 12/13/2018 at 11:40 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/8/2018) (cf)
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Filing 76
ORDER granting in part and denying in part #72 Letter Motion to Compel: This application is resolved in accordance with the Order issued at ECF 75. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 75
ORDER granting in part and denying in part #73 Letter Motion for Extension of Time: The Court is in receipt of the parties' submissions regarding (1) Plaintiffs' request seeking relief from the fact discovery deadline "to allow an opportunity to review what is produced,..., and, if necessary, to take additional deposition testimony"; and (2) the parties' joint request for an extension of expert discovery deadlines. Plaintiff has not further indicated whether they believe further deposition testimony is needed in light of Defendants' production of the "general ledger." Accordingly, it is hereby ordered: (1) the parties' request to extend expert discovery is granted; (2) the schedule adopted for the time being is that set forth at the top of page 2 of ECF 73 (i.e., extension of expert discovery deadline to December 21, 2018); and (3) if Plaintiff determines that they believe further deposition testimony is necessary, they shall so inform the Court by moving letter no later than November 13, 2018; if Plaintiff does not so move, the revised schedule set forth herein shall remain in place. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 74
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Philip D. Robben dated 11/05/2018 re: #72 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 10/31/2018. . Document filed by Southern Coal Sales Corporation. (Attachments: #1 Exhibit A: Filed under seal pursuant to the Stipulated Protective Order entered by Judge Brendan L. Shannon on 6/23/2017 (Docket No. #47 ), #2 Exhibit B: Objection Letter)(Robben, Philip)
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| Filing 73 LETTER MOTION for Extension of Time to Complete Expert Discovery addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 11/02/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 72 LETTER MOTION to Compel addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 10/31/2018. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit 1 - Second Amended Notice of Deposition, #2 Exhibit 2 - Response and Objections to Essar's 2nd Set of RFP's, #3 Exhibit 3 - Emails Between Mr. Bollin and Mr. Robeck)(Bollin, Kip) |
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Filing 71
DECISION AND ORDER granting in part and denying in part #53 Letter Motion for Leave to File Document. For the foregoing reasons, Algoma's motion for leave to file its Second Amended Complaint is DENIED insofar as it seeks to add Jim Justice and Jay Justice as parties, and is GRANTED in all other respects. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/29/2018) Copies Sent By Chambers. (mml)
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Filing 70
ORDER granting in part and denying in part #69 Letter Motion to Adjourn Conference. GRANTED in part, DENIED in part. The case management conference scheduled for November 1, 2018 is ADJOURNED to November 14, 2018, at 3:00 p.m. Case Management Conference set for 11/14/2018 at 03:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/24/2018) (cf)
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| Filing 69 LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Atty. Kip T. Bollin dated 10/24/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 68 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Philip D. Robben dated 10/19/18 re: in response to Essar's new proposed Second Amended Complaint #67 . Document filed by Southern Coal Sales Corporation.(Robben, Philip) |
| Filing 67 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated October 16, 2018 re: Proposed Second Amended Complaint. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - Comparison between First and Second Amended Complaints)(Bollin, Kip) |
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Filing 66
ORDER granting #65 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. Deposition due by 10/30/2018. (Signed by Magistrate Judge Robert W. Lehrburger on 10/16/2018) (mml)
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| Set/Reset Deadlines: Fact Discovery due by 10/31/2018. (mml) |
| Filing 65 LETTER MOTION for Extension of Time to Complete Discovery (Fact Discovery) addressed to Magistrate Judge Robert W. Lehrburger from Kip T. Bollin dated 10/15/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
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Filing 64
ORDER granting #63 Motion for Melissa Barrett to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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| Filing 63 MOTION for Melissa Barrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15726431. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Affidavit Local Rule 1.3 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission)(Barrett, Melissa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 MOTION for Melissa Barrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15726431. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 62
ORDER with respect to #53 Letter Motion for Leave to File Document. This matter is before the Court on Plaintiff's Motion for Leave to File a Second Amended Complaint. On October 2, 2018, the Court held a hearing and discussed issues raised by both parties. The Court ORDERS as follows: 1. By October 16, 2018, Plaintiff shall file for the Court's consideration a revised proposed Second Amended Complaint. The revisions should include allegations with respect to each new proposed defendant that are sufficient to support a plausible alter-ego claim vis-a-vis the currently named defendant. The submission shall include a black-lined version denoting proposed changes from the First Amended Complaint. In the meantime, the Plaintiff's motion to amend remains pending. 2. As directed at the hearing, remaining discovery may include discovery on Plaintiff's proposed alter-ego amendments to the extent such discovery is encompassed within existing discovery demands and depositions previously noticed; no alter-ego discovery shall separately be taken of third parties or any of the proposed additional defendants. In the event the motion to amend is granted, Plaintiff will not be permitted to seek additional discovery on that basis. (Signed by Magistrate Judge Robert W. Lehrburger on 10/2/2018) Copies Sent By Chambers. (mml)
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| Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 10/2/2018 at 10:00 a.m. (rsh) |
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Filing 61
ORDER FOR ADMISSION PRO HAC VICE FOR MINDY B. PAVA granting #60 Motion for Mindy B. Pava to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 9/28/2018) (rro)
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| Filing 60 MOTION for Mindy B. Pava to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15630849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 District of Columbia Court of Appeals Certificate of Good Standing, #4 Court of Appeals of Maryland Certificate of Good Standing)(Pava, Mindy) |
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Filing 59
ORDER granting #58 Motion for Mark R. Robeck to Appear Pro Hac Vice: GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vp)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for Mindy B. Pava to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15630849. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 58 MOTION for Mark R. Robeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 District of Columbia Court of Appeals Certificate of Good Standing, #4 Supreme Court of Texas Certificate of Good Standing)(Robeck, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Mark R. Robeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 57
SCHEDULING ORDER: Status Conference set for 10/2/2018 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2018) (rsh)
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Filing 56
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 Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Analisa Torres on 9/17/2018) (mro)
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| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ad) |
| Filing 55 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark R. Robeck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15571352. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order, #2 Texas Bar Certification, #3 Affidavit of Mark R. Robeck)(Robeck, Mark) Modified on 9/14/2018 (jc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #55 MOTION for Mark R. Robeck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15571352. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (our court does not accept state bar certificates for Texas). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) |
| Filing 54 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Philip D. Robben dated 09/12/2018 re: #53 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Analisa Torres from Kip Bollin dated 9/05/2018. . Document filed by Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 53 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Analisa Torres from Kip Bollin dated 9/05/2018. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - Jay Justice Depo. Exerpts, #3 Exhibit C - Fugate Deop. Excerpts, #4 Exhibit D - Sarver Depo. Excerpts, #5 Exhibit E - Harrison Depo. Excerpts, #6 Exhibit F - Emails)(Bollin, Kip) |
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Filing 52
ORDER granting in part and denying in part #51 Letter Motion for Extension of Time to Complete Discovery. GRANTED in part, DENIED in part. The deadline to amend pleadings is ADJOURNED to September 9, 2018. The deadline to complete fact discovery is ADJOURNED to October 17, 2018. The deadline to complete expert discovery is ADJOURNED to November 30, 2018. The case management conference scheduled for September 5, 2018 is ADJOURNED to November 1, 2018, at 11:00 a.m. Amended Pleadings due by 9/9/2018. (Signed by Judge Analisa Torres on 8/11/2018) (cf)
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| Set/Reset Deadlines: (Expert Discovery due by 11/30/2018., Fact Discovery due by 10/17/2018.), Set/Reset Hearings:(Case Management Conference set for 11/1/2018 at 11:00 AM before Judge Analisa Torres.) (cf) |
| Filing 51 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Kip T. Bollin dated August 8, 2018. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit 1 - Proposed Revised Civil Case Management Plan and Scheduling Order)(Bollin, Kip) |
| Filing 50 NOTICE OF APPEARANCE by Melissa Errine Byroade on behalf of Southern Coal Sales Corporation. (Byroade, Melissa) |
| Filing 49 NOTICE OF APPEARANCE by Philip David Robben on behalf of Southern Coal Sales Corporation. (Robben, Philip) |
| Filing 48 LETTER addressed to Judge Analisa Torres from Philip D. Robben dated 7/5/18 re: Kelley Drye & Warren LLP has been retained to represent Southern Coal Sales Corporation in this action. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Letter to the Court from Stephen W. Ball, Esq., Vice President and General Counsel of Southern Coal Sales Corporation, confirming the retention of Kelley Drye & Warren, LLP.)(Robben, Philip) |
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Filing 47
ORDER: The case management conference scheduled for July 5, 2018 is ADJOURNED to September 5, 2018, at 11:00 a.m. (Case Management Conference set for 9/5/2018 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 7/2/2018) (cf)
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Filing 46
ORDER granting in part and denying in part #45 Letter Motion for Conference. GRANTED in part, DENIED in part. Plaintiff's request for a conference is DENIED. By July 5, 2018, Defendant shall file a letter naming its new counsel or indicating whether it intends to proceed pro se. Additionally, all case management deadlines were extended by 60 days. Defendant is warned that it must comply with the deadlines. (Signed by Judge Analisa Torres on 6/28/2018) (cf)
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| Filing 45 LETTER MOTION for Conference addressed to Judge Analisa Torres from Kip T. Bollin dated June 14, 2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 44 LETTER addressed to Judge Analisa Torres from Kip T. Bollin dated 05/15/2018 re: Deadline for Obtaining Counsel. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
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Filing 43
ORDER GRANTING LEAVE TO WITHDRAW #40 Motion to Withdraw as Attorney. The application by Barry D. Hunter and Medrith Lee Norman of Frost Brown Todd LLC and Sean R. Marshall and Charles D. Hoffmann of Hoffmann Marshall Strong LLP for leave to withdraw as counsel for Defendant Southern Coal Sales Corporation in the above-captioned matter is GRANTED. (As further set forth in this Order.) Attorney Medrith Lee Norman; Barry D. Hunter and Sean Reeves Marshall terminated (Signed by Judge Analisa Torres on 5/8/2018) (cf)
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| Filing 42 DECLARATION of Barry D. Hunter in Support re: #40 MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Hunter, and Medrith Lee Norman to Withdraw as Attorney Re-filed document #35 .. Document filed by Southern Coal Sales Corporation. (Marshall, Sean) |
| Filing 41 DECLARATION of Sean R. Marshall in Support re: #40 MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Hunter, and Medrith Lee Norman to Withdraw as Attorney Re-filed document #35 .. Document filed by Southern Coal Sales Corporation. (Marshall, Sean) |
| Filing 40 MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Hunter, and Medrith Lee Norman to Withdraw as Attorney Re-filed document #35 . Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order)(Marshall, Sean) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Sean Reeves Marshall to RE-FILE Document #35 MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Huner, and Medrith Lee Norman to Withdraw as Attorney . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kip T. Bollin. The party information for the following party/parties has been modified: Essar Steel Algoma Inc.. The information for the party/parties has been modified for the following reason/reasons: party text "et al" modified. (vf) |
| Filing 39 AMENDED COMPLAINT amending #38 Amended Complaint, against Southern Coal Sales Corporation.Document filed by Essar Steel Algoma Inc.. Related document: #38 Amended Complaint,. (Attachments: #1 Exhibit A - Supply Agreement, #2 Exhibit B - Amending Agreement, #3 Exhibit C - Term Sheet)(Bollin, Kip) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kip Bollin to RE-FILE Document No. #38 Amended Complaint. The filing is deficient for the following reason(s): THE CAPTION HAS ET AL LISTED, PLEASE REFILE YOUR PLEADING WITH CAPTION NAMES LISTED. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) |
| Filing 38 FILING ERROR - PDF ERROR - AMENDED COMPLAINT against Southern Coal Sales Corporation.Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Supply Agreement, #2 Exhibit B - Amending Agreement, #3 Exhibit C - Term Sheet)(Bollin, Kip) Modified on 4/24/2018 (laq). |
| Filing 37 RESPONSE to Motion re: #35 MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Huner, and Medrith Lee Norman to Withdraw as Attorney . . Document filed by Essar Steel Algoma Inc.. (Bollin, Kip) |
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Filing 36
ORDER: granting #34 Letter Motion for Leave to File Document. GRANTED. By April 24, 2018, Plaintiff shall file the redacted versions of the exhibits on the docket. (Signed by Judge Analisa Torres on 4/20/2018) (ap)
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| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sean Reeves Marshall, Charles Davison Hoffmann, Barry D. Huner, and Medrith Lee Norman to Withdraw as Attorney . Document filed by Southern Coal Sales Corporation. (Attachments: #1 Affidavit Declaration of Barry D. Hunter, #2 Affidavit Declaration of Sean R. Marshall, #3 Text of Proposed Order)(Marshall, Sean) Modified on 5/2/2018 (ldi). |
| Filing 34 LETTER MOTION for Leave to File Documents in Redacted Form (Renewed) addressed to Judge Analisa Torres from Kip T. Bollin dated 02/23/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
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Filing 33
ORDER: granting #31 Letter Motion for Leave to File Document; denying without prejudice #32 Motion to Seal Document. On September 19, 2017, this action was transferred to this district from the District of Delaware. ECF No. 1. Plaintiff Essar Steel Algoma, Inc. ("Algoma") moves to amend the complaint to address new grounds for subject matter jurisdiction. ECF No. 31. The unopposed motion is GRANTED. Algoma also moves to file three exhibits to the amended complaint under seal. ECF No. 32. This motion is DENIED without prejudice to renew. Accordingly, by February 23, 2018, Algoma shall either (1) renew its request to file the exhibits under seal or in redacted form, explaining why its request is "narrowly tailored" and adequately justified, Lugosch, 435 F.3d at 124, or (2) file the exhibits to the amended complaint on the public docket in their entireties. The Clerk of Court is directed to terminate the motions at ECF Nos. 31 & 32. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 2/16/2018) (ama)
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| Filing 32 LETTER MOTION to Seal Document (Amended Complaint Exhibits) addressed to Judge Analisa Torres from Kip T. Bollin dated 02/15/2018. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 31 MOTION for Leave to File Amended Complaint (Unopposed). Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Bollin, Kip) |
| Filing 30 LETTER addressed to Judge Analisa Torres from Kip T. Bollin dated 02/15/2018 re: Motion for Leave to Amend Complaint. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tired to a jury. All fact discovery shall be completed no later than June 18, 2018. Depositions to be completed by June 18, 2018. All expert discovery shall be completed no later than August 2, 2018. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2 weeks. The next Case Management Conference is scheduled for July 5, 2018 at 11:00 a.m. (As further set forth in this Order.) Deposition due by 6/18/2018. Fact Discovery due by 6/18/2018. Expert Discovery due by 8/2/2018. Case Management Conference set for 7/5/2018 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/18/2018) (cf)
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| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 1/18/2018. (DN) |
| Filing 28 LETTER addressed to Judge Analisa Torres from Kip T. Bollin dated January 17, 2018 re: Diversity Jurisdiction. Document filed by Essar Steel Algoma Inc..(Bollin, Kip) |
| Filing 27 NOTICE OF APPEARANCE by Mark Butscha, Jr on behalf of Essar Steel Algoma Inc.. (Butscha, Mark) |
| Filing 26 LETTER addressed to Judge Analisa Torres from Kip Bollin dated 1/11/2018 re: Case Management Plan and Scheduling Order. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Case Management Plan and Scheduling Order)(Bollin, Kip) |
| Filing 25 NOTICE of Subpoena Proof of Service to Intertek USA, Inc.. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Exhibit A)(Watson, Laura) |
| Filing 24 AFFIDAVIT OF SERVICE of subpoena served on Mineral Labs Inc. on 12/20/2017. Service was accepted by Secretary/Front Desk. Document filed by Essar Steel Algoma Inc.. (Watson, Laura) |
| Filing 23 AFFIDAVIT OF SERVICE of subpoena served on Norfolk Southern Corporation on 12/14/2017. Service was accepted by Roger Petersen, Registered Agent. Document filed by Essar Steel Algoma Inc.. (Watson, Laura) |
| Filing 22 CERTIFICATE OF SERVICE of subpoena served on Standard Laboratories on 12/12/2017. Service was accepted by Becky Gainer, Human Resources Director. Document filed by Essar Steel Algoma Inc.. (Watson, Laura) |
| Filing 21 CERTIFICATE OF SERVICE of subpoena served on Steve Sears on 12/13/2017. Service was accepted by Diane Sears, wife. Document filed by Essar Steel Algoma Inc.. (Watson, Laura) |
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Filing 20
ORDER granting #19 Letter Motion for Conference. GRANTED. The parties are directed to appear for a case management conference on January 18, 2018, at 11:40 a.m. By January 11, 2018, the parties shall submit a proposed case management plan and scheduling order that accounts for the discovery that has already commenced in this case. SO ORDERED. (Case Management Conference set for 1/18/2018 at 11:40 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 11/29/2017) (anc)
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| Filing 19 LETTER MOTION for Conference addressed to Judge Analisa Torres from Rebecca Brazzano dated 11/28/2017. Document filed by Essar Steel Algoma Inc..(Brazzano, Rebecca) |
| Filing 18 NOTICE OF APPEARANCE by Barry D. Hunter on behalf of Southern Coal Sales Corporation. (Hunter, Barry) |
| Filing 17 NOTICE OF APPEARANCE by Medrith Lee Norman on behalf of Southern Coal Sales Corporation. (Norman, Medrith) |
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Filing 16
ORDER granting #15 Motion for Barry D. Hunter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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| Filing 15 MOTION for Barry D. Hunter to Appear Pro Hac Vice Re-Filed (DE 11). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order, #2 Affidavit Barry D. Hunter, #3 Exhibit Certificate of Good Standing - Kentucky, #4 Exhibit Certificate of Good Standing - Florida)(Marshall, Sean) |
| Filing 14 NOTICE OF APPEARANCE by Charles Davison Hoffmann on behalf of Southern Coal Sales Corporation. (Hoffmann, Charles) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Barry D. Hunter to Appear Pro Hac Vice Re-Filed (DE 11). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Filing 13
ORDER granting #12 Motion for Medrith Lee Norman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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| Filing 12 MOTION for Medrith Lee Norman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14312230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order, #2 Affidavit Medrith Lee Norman, #3 Exhibit Certificate of Good Standing - Kentucky)(Marshall, Sean) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Barry D. Hunter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14312158. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Coal Sales Corporation. (Attachments: #1 Text of Proposed Order, #2 Affidavit Barry Hunter, #3 Exhibit Certificate of Good Standing - Kentucky, #4 Exhibit Certificate of Good Standing - Florida)(Marshall, Sean) Modified on 11/1/2017 (wb). |
| Filing 10 NOTICE OF APPEARANCE by Sean Reeves Marshall on behalf of Southern Coal Sales Corporation. (Marshall, Sean) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Medrith Lee Norman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14312230. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Barry D. Hunter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14312158. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 9
ORDER granting #6 Motion for Laura L. Watson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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Filing 8
ORDER granting #5 Motion for Kip T. Bollin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Kip T. Bollin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14258762. Motion and supporting papers to be reviewed by Clerk's Office staff., #6 MOTION for Laura L. Watson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14258994. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 7 NOTICE OF APPEARANCE by Rebecca Anne Brazzano on behalf of Essar Steel Algoma Inc.. (Brazzano, Rebecca) |
| Filing 6 MOTION for Laura L. Watson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14258994. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Affidavit Pursuant to Local Rule 1.3, #2 Text of Proposed Order)(Watson, Laura) |
| Filing 5 MOTION for Kip T. Bollin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14258762. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Essar Steel Algoma Inc.. (Attachments: #1 Affidavit of Kip T. Bollin Supporting Motion for Admission Pro Hac Vice, #2 Text of Proposed Order)(Bollin, Kip) |
| Filing 4 MISCELLANEOUS CASE TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:17-mc-00252. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 3
ORDER TRANSFERRING CASE TO USDC/SDNY. Signed by Judge Leonard P. Stark on 9/22/17. (rwc) [Transferred from Delaware on 9/27/2017.]
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| Case transferred to District of SDNY. (rwc) [Transferred from Delaware on 9/27/2017.] |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) [Transferred from Delaware on 9/27/2017.] |
| Filing 2 ACKNOWLEDGMENT OF RECEIPT of #1 Transfer Orders. (rwc) [Transferred from Delaware on 9/27/2017.] |
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Filing 1
ORDER IMPLEMENTING TRANSFER. Signed by Judge Brendan L. Shannon on 9/18/2017. (Attachments: #1 Order Granting Defendant's Motion to Transfer, #2 Transmittal Letter) (fms) [Transferred from Delaware on 9/27/2017.]
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| Remark: Case submitted for routine judicial assignment. (fms) [Transferred from Delaware on 9/27/2017.] |
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