Olshan Frome Wolosky LLP v. Pantheon Environmental, LLC et al
| Olshan Frome Wolosky LLP |
| GENTRY BEACH, ERIC SCHICK, PANTHEON ENVIRONMENTAL, LLC a/k/a PANTHEON ENVIRONMENTAL, INC., ALBERT McLELLAND, ELIZABETH SCHICK, Pantheon Environmental, LLC, Pantheon Environmental, Pantheon Environmental, Inc. and Hover Energy, LLC |
| 1:2020cv02415 |
| March 19, 2020 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Filing 84
STIPULATION OF DISMISSAL: 1. The parties have entered into a Confidential Settlement Agreement dated on or about December 16, 2020 and effective December 18, 2020 (hereinafter, "the Agreement"). 2. The Agreement provides that Magistrate Judge Lehrburger shall retain jurisdiction over the Agreement, and that this lawsuit may be reopened by motion to the Court in the event of an alleged breach of the Agreement. 3. The parties hereby dismiss all claims and counterclaims that were filed or could have been filed up to the Effective Date of the Agreement, December 18, 2020. 4. With respect to plaintiff Olshan Frome Wolosky LLP and defendants Albert McLelland and Hover Energy, LLC, the dismissal shall be with prejudice. 5. With respect to the remaining defendants, the dismissal shall be without prejudice. 6. The undersigned counsel respectfully request that the Court enter this stipulation and dismiss this action in accordance with the terms hereof. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/12/2021) (mml)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Benjamin Pendroff. RE-FILE Document No. #83 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). When refiling, do not select that the dismissal is pursuant to Rule 41(a), your document does not state that it is. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
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Filing 83
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Eric Schick, Gentry Beach, Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Albert McLelland pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Eric Schick, Gentry Beach, Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pendroff, Benjamin) Modified on 1/11/2021 (km).
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Filing 82
ORDER granting #81 LETTER MOTION to Stay. Stay granted. The parties shall report on status by December 23, 2020. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/24/2020) (jca)
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Filing 81
LETTER MOTION to Stay addressed to Magistrate Judge Robert W. Lehrburger from Benjamin T. Pendroff dated November 24, 2020. Document filed by Gentry Beach, Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held via telephone on 11/23/2020 at 2:30 p.m. Case Settled. (rsh)
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Filing 80
NOTICE of Hearing: Settlement Conference via telephone set for 11/23/2020 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than November 18, 2020, by 5:00 p.m.(rsh)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held on 11/12/2020 at 9:30 a.m. No Settlement reached. (rsh)
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Set/Reset Deadlines: Deposition due by 2/25/2021. (mml)
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Filing 79
ORDER granting #78 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/5/2020) (mml)
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Filing 78
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from BENJAMIN T. PENDROFF dated 11-05-2020. Document filed by Gentry Beach, Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Set/Reset Deadlines: Written Discovery due by 12/17/2020. Fact Discovery due by 1/19/2021. (mml) Modified on 11/18/2020 (mml).
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Filing 77
DECISION AND ORDER: MOTIONS TO DISMISS denying #55 Motion to Dismiss; denying #57 Motion to Dismiss; denying #59 Motion to Dismiss; denying #75 Motion to Dismiss: For the foregoing reasons, the defendants' motions to dismiss are DENIED. Defendant McLellan's request to recover $10,000 in attorneys' fees as a sanction is also DENIED. The Clerk of Court is respectfully directed to close the motions at Dkts. 55, 57, 59, and 75. (Signed by Magistrate Judge Robert W. Lehrburger on 10/30/2020) Copies transmitted to all counsel of record. (jwh)
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Filing 76
RESPONSE in Opposition to Motion re: #75 MOTION to Dismiss DEFENDANT GENTRY BEACH'S JOINDER IN PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. PLAINTIFFS NOTICE OF OPPOSITION TO GENTRY BEACHS JOINDER IN MOTION TO DISMISS. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 10/27/2020 at 3:00 p.m. (rsh)
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Filing 75
MOTION to Dismiss DEFENDANT GENTRY BEACH'S JOINDER IN PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. Document filed by Gentry Beach, Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick. Responses due by 11/4/2020.(Pendroff, Benjamin)
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Filing 74
NOTICE of Hearing: Settlement Conference via telephone set for 11/12/2020 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than November 5, 2020, by 5:00 p.m.(rsh)
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Filing 73
NOTICE of Hearing: Pre-Settlement Telephone Conference set for 10/27/2020 at 3:00 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference line at (888)-398-2342, and enter access code 9543348. The parties are instructed to review Judge Lehrburger's Individual Practices and Settlement Conference Procedures. (rsh)
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Filing 72
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Scott Shaffer dated October 8, 2020 re: In response to the Courts Order of October 7, 2020 (ECF Doc. #71). Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 71
ORDER: The Court thanks the parties for the most recent status report. The parties have requested a settlement conference before a magistrate judge. As this case is slated to be a jury trial, I am available to serve that role if the parties agree; alternatively, I can refer settlement to one of my colleagues. Accordingly, by October 13, 2020, the parties shall file a joint letter indicating whether they prefer to have a settlement conference with me or with a different magistrate judge. The letter should not indicate either party's separate view but rather should simply indicate whether the parties agree. Absent agreement to have the settlement conference with me, I will refer the matter to a colleague. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/7/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 70
STATUS REPORT. Joint Status Report Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 69
CERTIFICATE OF SERVICE of Summons, Corrected Second Amended Complaint, Court Order dated September 23, 2020 served on Gentry Beach on October 1, 2020. Service was made by Federal Express and E-mail. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 68
ORDER granting #66 Letter Motion for Extension of Time; terminating #67 Letter Motion for Extension of Time. This Order resolves Plaintiff's request for approval of an alternate method of service on Defendant Gentry Beach and a thirty-day extension of the time within which to serve him. Specifically, Plaintiff asks that it be permitted to serve Beach by service on attorney Benjamin Pendroff of Barnes & Thornburg LLP via Federal Express, as well as Beach's last known email. Plaintiff's application is granted, as further set forth. Accordingly, pursuant to Fed. R. Civ. P. 4(e)(1) and New York CPLR 308(5), Plaintiff may serve Defendant Beach within the next thirty days by (1) Federal Express to Benjamin Pendroff of Barnes & Thornburg LLP, and (2) email to gentrybeach@gmail.com. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/23/2020) Copies transmitted to all counsel of record. (mml)
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Filing 67
LETTER MOTION for Extension of Time RESPONSE TO LETTER MOTION FOR EXTENSION OF TIME AND AN ALTERNATE METHOD OF SERVICE OF PROCESS ON DEFENDANT GENTRY BEACH addressed to Magistrate Judge Robert W. Lehrburger from Benjamin T. Pendroff dated September 18, 2020. Document filed by Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Filing 66
LETTER MOTION for Extension of Time and an alternate method of service of process on defendant Gentry Beach addressed to Magistrate Judge Robert W. Lehrburger from Scott Shaffer dated September 15, 2020. Document filed by Olshan Frome Wolosky LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Shaffer, Scott)
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Filing 65
REPLY MEMORANDUM OF LAW in Support re: #57 MOTION to Dismiss DEFENDANTS PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. DEFENDANTS PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. Document filed by Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Filing 64
REPLY MEMORANDUM OF LAW in Support re: #59 MOTION to Dismiss DEFENDANT HOVER ENERGY, LLC'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. DEFENDANT HOVER ENERGY, LLC'S REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. Document filed by Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Filing 63
MEMORANDUM OF LAW in Opposition re: #57 MOTION to Dismiss DEFENDANTS PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT., #59 MOTION to Dismiss DEFENDANT HOVER ENERGY, LLC'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. . Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 62
DECLARATION of ROBERT H. FRIEDMAN in Opposition re: #57 MOTION to Dismiss DEFENDANTS PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT., #59 MOTION to Dismiss DEFENDANT HOVER ENERGY, LLC'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT.. Document filed by Olshan Frome Wolosky LLP. (Attachments: #1 Exhibit A, #2 Exhibit B).(Shaffer, Scott)
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Filing 61
MEMORANDUM OF LAW in Opposition re: #55 MOTION to Dismiss . . Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 60
STATUS REPORT. Joint Report Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 59
MOTION to Dismiss DEFENDANT HOVER ENERGY, LLC'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. Document filed by Hover Energy, LLC, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick. Responses due by 8/10/2020.(Pendroff, Benjamin)
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Filing 58
SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Hover Energy, LLC served on 7/6/2020, answer due 7/27/2020. Service was accepted by Chris Scargill-agent. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 57
MOTION to Dismiss DEFENDANTS PANTHEON ENVIRONMENTAL, LLC, ELIZABETH SCHICK, AND ERIC SCHICK'S MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT. Document filed by Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick. Responses due by 8/6/2020.(Pendroff, Benjamin)
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Filing 56
ORDER granting #54 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/7/2020) (rro)
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Filing 55
MOTION to Dismiss . Document filed by Albert McLelland. Responses due by 7/31/2020.(Averill, Martin)
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Filing 54
LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Benjamin T. Pendroff dated 07/07/2020. Document filed by Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin)
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Set/Reset Deadlines: Responses due by 8/6/2020 Replies due by 8/20/2020. (rro)
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Filing 53
ELECTRONIC SUMMONS ISSUED as to Hover Energy, LLC..(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Allen Shaffer. The party information for the following party/parties has been modified: HOVER ENERGY, LLP. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
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***DELETED DOCUMENT. Deleted document number 51 [ELECTRONIC SUMMONS ISSUED]. The document was incorrectly filed in this case. (Please see document #53) (gp)
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Filing 52
REQUEST FOR ISSUANCE OF SUMMONS as to HOVER ENERGY, LLC, re: #49 Amended Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 7/2/2020 (gp). Modified on 7/2/2020 (jgo). Modified on 7/2/2020 (jgo).
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Filing 50
FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to HOVER ENERGY, LLP, re: #49 Amended Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 7/2/2020 (jgo).
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Filing 49
SECOND AMENDED COMPLAINT amending #22 Amended Complaint, #1 Complaint, #47 Amended Complaint, against Gentry Beach, Albert McLelland, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick, HOVER ENERGY, LLP.Document filed by Olshan Frome Wolosky LLP. Related document: #22 Amended Complaint, #1 Complaint, #47 Amended Complaint,..(Shaffer, Scott) Modified on 6/29/2020 (pc). Modified on 7/1/2020 (gp).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Allen Shaffer to RE-FILE Document No. #48 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Scott Allen Shaffer to RE-FILE re: Document No. #47 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; The amended complaint was filed incorrectly on the due date. Permission from Chambers will be needed to refile the Amended Complaint. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc)
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Filing 48
REQUEST FOR ISSUANCE OF SUMMONS as to Hover Energy, LLC, re: #47 Amended Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 47
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #22 Amended Complaint, #1 Complaint, against Gentry Beach, Albert McLelland, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick.Document filed by Olshan Frome Wolosky LLP. Related document: #22 Amended Complaint, #1 Complaint,..(Shaffer, Scott) Modified on 6/26/2020 (pc).
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time. SO ORDERED. Amended Pleadings due by 6/25/2020. Joinder of Parties due by 6/25/2020. Motions due by 7/2/2020. (Signed by Magistrate Judge Robert W. Lehrburger on 6/17/2020) (mml)
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Filing 45
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Scott Shaffer dated June 17, 2020. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Set/Reset Deadlines: Responses due by 7/31/2020. Replies due by 8/14/2020. (mml)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Pretrial Conference held on 6/3/2020. (kgo)
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Filing 44
CIVIL CASE MANAGEMENT PLAN: Amended Pleadings due by 6/17/2020. Joinder of Parties due by 6/17/2020. Fact Discovery due by 12/2/2020. Deposition due by 12/2/2020. Expert discovery shall be completed four months after the close of fact discovery. All parties do consent to a trial before a Magistrate Judge at this time. This case is to be tried to a jury. Plaintiff shall file its Amended Complaint by June 17, 2020. Defendants shall file their Motion to Dismiss by June 24, 2020. Plaintiff shall file their response by July 24, 2020. Defendants shall file their reply, if any, by August 7, 2020. (Motions due by 6/24/2020. Responses due by 7/24/2020 Replies due by 8/7/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 6/3/2020) (rro)
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE granting #42 Motion for Martin Patrick Averill to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Magistrate Judge Robert W. Lehrburger on 5/29/2020) (mml)
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Filing 42
AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice to represent Defendant Albert McLelland. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Albert McLelland. (Attachments: #1 Affidavit Affidavit of MPA for Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice, #3 Exhibit Texas Supreme Court Certificate of Good Standing).(Averill, Martin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice to represent Defendant Albert McLelland. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 41
PROPOSED CASE MANAGEMENT PLAN. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 40
SCHEDULING ORDER: The parties in this case have consented to my jurisdiction for all proceedings. A telephonic initial pretrial conference is set for June 3, 2020 at 10:30 a.m. Parties shall call the teleconference line at (888) 398-2342 and enter access code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices, no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the S.D.N.Y. website at https://nysd.uscourts.gov/hon-robert-w-lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 5/22/2020) Initial Conference set for 6/3/2020 at 10:30 AM before Magistrate Judge Robert W. Lehrburger. Copies transmitted to all counsel of record (ks)
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Filing 39
ORDER: The parties having consented to have the Honorable Robert W. Lehrburger conduct all proceedings in this matter, see ECF No. 37, it is ORDERED that the initial pretrial conference scheduled for May 28, 2020, see ECF No. 23, before the Honorable Analisa Torres, is ADJOURNED sine die. (Signed by Judge Analisa Torres on 5/22/2020) (cf)
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Filing 38
AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice to represent Defendant Albert McLelland. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Albert McLelland. (Attachments: #1 Affidavit Pro Hac, #2 Proposed Order for Admission Pro Hac Vice, #3 Texas Supreme Court Certificate of Good Standing).(Averill, Martin)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #38 AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice to represent Defendant Albert McLelland. 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 Texas Supreme Court;. 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 37
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Olshan Frome Wolosky LLP, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Analisa Torres on 5/21/2020) (cf)
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Filing 36
NOTICE of CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott)
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Filing 35
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Albert McLelland. (Attachments: #1 Order for Admission Pro Hac Vice, #2 Affidavit of Martin Patrick Averill for Admission Pro Hac Vice, #3 Texas Supreme Court Certificate of Good Standing).(Averill, Martin) Modified on 5/21/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 AMENDED MOTION for Martin Patrick Averill to Appear Pro Hac Vice . 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 Texas Supreme Court; There are other documents from another case attached to this motion;. 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. (ad)
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Filing 34
MOTION for Martin Patrick Averill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Albert McLelland. (Attachments: #1 Cover Letter for Cert Good Standing).(Averill, Martin)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Martin Patrick Averill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct;. 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 33 ANSWER to #22 Amended Complaint. Document filed by Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick..(Pendroff, Benjamin) |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pantheon Environmental, LLC..(Pendroff, Benjamin) |
| Filing 31 ANSWER to #22 Amended Complaint. Document filed by Albert McLelland..(Averill, Martin) |
| Filing 30 FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Martin Patrick Averill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19742544. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Albert McLelland..(Averill, Martin) Modified on 5/7/2020 (ad). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 MOTION for Martin Patrick Averill to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19742544. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The Certificate of Good Standing must be issued by the Clerk of the Supreme Court P.O. Box 12248 Austin, TX 78711 512-463-1312;. 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. (ad) |
| Filing 29 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Pantheon Environmental, LLC served on 3/27/2020, answer due 4/17/2020. Service was accepted by Chris Scargill-agent. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 28 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Albert McLelland served on 3/26/2020, answer due 4/16/2020. Service was accepted by Albert McLelland. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 27 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Eric Schick served on 3/31/2020, answer due 4/21/2020. Service was accepted by Eric Schick. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 26 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Elizabeth Schick served on 3/31/2020, answer due 4/21/2020. Service was accepted by Elizabeth Schick. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
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Filing 25
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 4/1/2020) (cf)
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Filing 24
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are strongly encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/1/2020) (mml)
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Filing 23
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 5/28/2020 at 10:40 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres, as further set forth in this other. (Signed by Judge Analisa Torres on 4/1/2020) (jwh)
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| Filing 22 AMENDED COMPLAINT amending #1 Complaint, against Gentry Beach, Albert McLelland, Pantheon Environmental, LLC, Elizabeth Schick, Eric Schick.Document filed by Olshan Frome Wolosky LLP. Related document: #1 Complaint,..(Shaffer, Scott) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Eric Schick..(jgo) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Elizabeth Schick..(jgo) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Eric Schick, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Schick, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Pantheon Environmental, LLC. (sj) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Gentry Beach. (sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Albert McLelland..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Allen Shaffer to RE-FILE Document No. #13 Request for Issuance of Summons, #12 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's name on the PDF case caption contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Pantheon Environmental, LLC, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 13 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Eric Schick, re: #1 Complaint. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/24/2020 (sj). |
| Filing 12 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Schick, re: #1 Complaint. Document filed by Olshan Frome Wolosky LLP.(Shaffer, Scott) Modified on 3/24/2020 (sj). |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Gentry Beach, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Albert Mclelland, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
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Filing 9
ORDER: Accordingly, it is ORDERED that by April 3, 2020, Plaintiff shall amend its pleading to allege (1) the citizenship of each of its general and limited partners and (2) the citizenship of each of Pantheon's constituent persons or entities. Failure to do so may result in dismissal of the complaint for lack of subject matter jurisdiction. (Signed by Judge Analisa Torres on 3/23/2020) (jwh)
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| Set/Reset Deadlines: Amended Pleadings due by 4/3/2020. (jwh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Allen Shaffer. The party information for the following party/parties has been modified: Pantheon Environmental, LLC; Albert McLelland; Gentry Beach; Elizabeth Schick; Eric Schick. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Allen Shaffer. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott Allen Shaffer to RE-FILE Document No. #7 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #8 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Plaintiff name on the PDF case caption contains a typographical error;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pantheon Environmental LLC a/k/a Pantheon Environmental, Inc., LLC, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/20/2020 (jgo). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Eric Schick, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/20/2020 (jgo). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Elizabeth Schick, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/20/2020 (jgo). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Gentry Beach, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/20/2020 (jgo). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Albert Mclelland, re: #1 Complaint,. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) Modified on 3/20/2020 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
| Filing 2 CIVIL COVER SHEET filed..(Shaffer, Scott) |
| Filing 1 COMPLAINT against GENTRY BEACH, ALBERT McLELLAND, PANTHEON ENVIRONMENTAL, LLC a/k/a PANTHEON ENVIRONMENTAL, INC., ELIZABETH SCHICK, ERIC SCHICK. (Filing Fee $ 400.00, Receipt Number ANYSDC-19167988)Document filed by Olshan Frome Wolosky LLP..(Shaffer, Scott) |
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