Aries Fire Protection, Inc. v. Tutor Perini/Parsons Joint Venture, J.V. et al
| Aries Fire Protection, Inc. |
| Tutor Perini/Parsons Joint Venture, J.V., Tutor Perini Corporation, Parsons Transportation Group, Inc., Grimshaw Architects, P.C., STV Incorporated and STV Incorporated individually doing business as Tutor Perini/Parsons, J.V. |
| 1:2021cv06252 |
| July 22, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by October 6, 2021. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Defendants file an answer or anew motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Defendants file a new motion to dismiss, any opposition shall be filed within fourteen days, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by October 6, 2021. Defendant' reply, if any, shall be filed by October 13, 2021. Finally, it is further ORDERED that the initial pretrial conference previously scheduled for October 5, 2021, is adjourned sine die. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Amended Pleadings due by 10/6/2021., Responses due by 10/6/2021, Replies due by 10/13/2021.) (Signed by Judge Jesse M. Furman on 9/17/2021) (jca)
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Filing 36
MEMORANDUM OF LAW in Support re: #34 MOTION to Dismiss pursuant to forum non conveniens doctrine and FRCP 12(b)(3). . Document filed by Parsons Transportation Group, Inc., Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V...(Canizio, Mark)
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Filing 35
DECLARATION of Michael J. Kerchner in Support re: #34 MOTION to Dismiss pursuant to forum non conveniens doctrine and FRCP 12(b)(3).. Document filed by Parsons Transportation Group, Inc., Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Canizio, Mark)
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Filing 34
MOTION to Dismiss pursuant to forum non conveniens doctrine and FRCP 12(b)(3). Document filed by Parsons Transportation Group, Inc., Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V...(Canizio, Mark)
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Filing 33
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Parsons Corporation for Parsons Transportation Group, Inc.. Document filed by Parsons Transportation Group, Inc...(Canizio, Mark)
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Filing 32
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tutor Perini Corporation..(Canizio, Mark)
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Filing 31
NOTICE OF APPEARANCE by Mark A Canizio on behalf of Parsons Transportation Group, Inc., Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V...(Canizio, Mark)
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Filing 30
NOTICE OF APPEARANCE by David Thomas McTaggart on behalf of Parsons Transportation Group, Inc., Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V...(McTaggart, David)
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Filing 29
STIPULATION ADJOURNING TIME TO RESPONSE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for Plaintiff Aries Fire Protection, Inc. and Defendants Tutor Perini/Parsons Joint Venture, J.V., Tutor Perini Coporation, and Parsons Transportation Group, Inc. ("Defendants") that the time for Defendants to appear, answer, move or otherwise respond to the Amended Complaint in the above-captions action is adjourned until September 15, 2021. This Stipulation may be executed in counterparts and a facsimile copy of this stipulation shall be deemed an original for all purposes. SO ORDERED. Parsons Transportation Group, Inc. answer due 9/15/2021; Tutor Perini Corporation answer due 9/15/2021; Tutor Perini/Parsons Joint Venture, J.V. answer due 9/15/2021. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr) Modified on 9/1/2021 (vfr).
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Filing 28
PROPOSED STIPULATION AND ORDER. Document filed by Aries Fire Protection, Inc...(Onorata, Gerard)
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Aries Fire Protection, Inc. ENDORSEMENT: The Court construes Plaintiff's letter as a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure and accordingly directs the Clerk of Court to terminate Defendants Grimshaw Architects, P.C. and STV Incorporated as parties. SO ORDERED. Grimshaw Architects, P.C. and STV Incorporated (individually) terminated. (Signed by Judge Jesse M. Furman on 8/20/2021) (va)
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Filing 26
LETTER addressed to Judge Jesse M. Furman from Gerard J. Onorata dated August 18, 2021 re: Dismissal of Grimshaw Architects and STV Incorporated. Document filed by Aries Fire Protection, Inc...(Onorata, Gerard)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to Tutor Perini/Parsons Joint Venture, J.V.. (sj)
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Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to Tutor Perini/Parsons, Joint Venture, J.V., re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Parsons Transportation Group, Inc...(pc)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to STV Incorporated..(pc)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Grimshaw Architects, P.C...(pc)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Tutor Perini Corporation..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bruce D. Meller to RE-FILE Document No. #19 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must exactly match what is listed on the complaint caption title;. 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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Filing 19
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Tutor Perini/Parsons, J.V., re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 8/4/2021 (pc).
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Filing 18
REQUEST FOR ISSUANCE OF SUMMONS as to Tutor Perini Corporation, re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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Filing 17
REQUEST FOR ISSUANCE OF SUMMONS as to STV Incorporated, re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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Filing 16
REQUEST FOR ISSUANCE OF SUMMONS as to Parsons Transportaion Group, Inc., re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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Filing 15
REQUEST FOR ISSUANCE OF SUMMONS as to Grimshaw Architects, PC, re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bruce D. Meller to RE-FILE Document No. #14 Request for Issuance of Summons, #11 Request for Issuance of Summons, #13 Request for Issuance of Summons, #10 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 attorney information was omitted on PDF. 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bruce D. Meller to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name as to whom the summons is for must match exactly as 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. (sj)
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Filing 14
FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Tutor Perini/Parsons, J.V., re: #9 Amended Complaint. Document filed by Aries Fire Protection, Inc..(Meller, Bruce) Modified on 7/28/2021 (sj).
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Filing 13
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Parsons Transportaion Group, Inc., re: #9 Amended Complaint,. Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 7/28/2021 (sj).
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Filing 12
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Tutor Perini Corporation, re: #9 Amended Complaint. Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 7/28/2021 (sj).
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Filing 11
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to STV Incorporated, re: #9 Amended Complaint. Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 7/28/2021 (sj).
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Filing 10
FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Grimshaw Architects, PC, re: #9 Amended Complaint. Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 7/28/2021 (sj).
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Filing 9
AMENDED COMPLAINT amending #4 Complaint against Grimshaw Architects, P.C., Parsons Transportation Group, Inc., STV Incorporated, Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V..Document filed by Aries Fire Protection, Inc.. Related document: #4 Complaint..(Meller, Bruce)
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Filing 8
NOTICE OF APPEARANCE by Gerard Joseph Onorata on behalf of Aries Fire Protection, Inc...(Onorata, Gerard)
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Filing 7
ORDER: Accordingly, it is hereby ORDERED that, on or before August 6, 2021, Plaintiff shall amend its Complaint to allege the state of incorporation and principal place of business of each party that is a corporation, as well as each constituent person or entity comprising Defendant Tutor Perini/Parsons, J.V. and their states of citizenship. If, by that date, Plaintiff is unable to amend the Complaint to truthfully allege complete diversity of citizenship, then the Complaint will be dismissed for lack of subject matter jurisdiction without further notice to either party. SO ORDERED. (Amended Pleadings due by 8/6/2021.) (Signed by Judge Jesse M. Furman on 7/23/2021) (mml)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 5, 2021, at 4:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/5/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/23/21) (yv)
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Filing 5
CIVIL COVER SHEET filed..(Meller, Bruce)
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Filing 4
COMPLAINT against Grimshaw Architects, P.C., Parsons Transportation Group, Inc., STV Incorporated, Tutor Perini Corporation, Tutor Perini/Parsons Joint Venture, J.V.. Document filed by Aries Fire Protection, Inc...(Meller, Bruce)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bruce D. Meller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bruce D. Meller to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type 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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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bruce D. Meller. The party information for the following party/parties has been modified: STV Incorporated. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bruce D. Meller. The following case opening statistical information was erroneously selected/entered: Dollar Demand $8,000,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
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Magistrate Judge Sarah L. Cave 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. (pc)
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Case Designated ECF. (pc)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aries Fire Protection, Inc...(Onorata, Gerard)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Meller, Bruce) Modified on 7/23/2021 (pc).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24829842)Document filed by Aries Fire Protection, Inc...(Meller, Bruce) Modified on 7/23/2021 (pc).
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