Fusilier et al v. USA Waste-Management Resources, LLC
| Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo and Gerald Davis |
| USA Waste-Management Resources, LLC |
| Janie Marcaurel, Shelby Ingram, Nolan Brodie and Mark Krenzer |
| 1:2021cv06257 |
| July 22, 2021 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case..(wb) |
Filing 17
ORDER: As such, it is hereby ORDERED that the Related Actions are hereby consolidated. The parties are directed to make any further filings on the docket for the 6199 Action. The Clerk of Court is respectfully directed to post a notice on the dockets for each of the Related Actions making reference to consolidation and to this Order. To the extent the Stipulations seek the appointment of class counsel pursuant to Rule 23(g), that request is DENIED without prejudice. Instead, any Plaintiff whose counsel seeks to be named interim class counsel shall make a motion and file a brief in support within thirty (30) days of this Order. If counsel for Plaintiffs remain in agreement as to the appointment of interim co-lead class counsel, they shall make one joint motion and file one joint brief setting forth how the agreement is consistent with the law. This joint brief should include, among other things, any fee-sharing arrangements reached or envisioned between counsel. The joint brief should also identify which one of the proposed interim co-lead counsel law firms will serve as liaison counsel with the Courtin situations with multiple law firms acting as co-lead counsel, my preference is to have one law firm act as the single point of contact with the Court. Any opposition briefing to a motion to appoint interim class counsel shall be filed no later than forty-five (45) days from the entry of this Order. Once interim class counsel is appointed, I shall direct interim class counsel to file a consolidated complaint. In light of this Order, it is further ORDERED that any deadlines to answer the complaints filed in the Related Actions or to otherwise respond are suspended. Defendants need not answer or otherwise respond until I set further deadlines. The Clerk of Court is respectfully requested to close the open motions in the 6199 Action at docket number 14, and in the 6257 Action at docket number 15. SO ORDERED. Motions terminated: (14 in 1:21-cv-06199-VSB) LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Vernon S. Broderick from Stephanie Lindemuth dated August 17, 2021. filed by USA Waste-Management Resources, LLC, Waste Management, Inc., (15 in 1:21-cv-06257-VSB) LETTER MOTION for Extension of Time to answer, move against, or otherwise respond to the Complaint addressed to Judge Vernon S. Broderick from Stephanie Lindemuth dated August 25, 2021. filed by USA Waste-Management Resources, LLC. (Signed by Judge Vernon S. Broderick on 9/3/2021) (jca)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-06199-VSB.. (jca) |
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Filing 16
ORDER granting #14 Motion for Joseph M. Lyon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 15 LETTER MOTION for Extension of Time to answer, move against, or otherwise respond to the Complaint addressed to Judge Vernon S. Broderick from Stephanie Lindemuth dated August 25, 2021. Document filed by USA Waste-Management Resources, LLC..(Lindemuth, Stephanie) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 FIRST MOTION for Joseph M. Lyon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24973237. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 14 FIRST MOTION for Joseph M. Lyon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24973237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Davis, Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo. (Attachments: #1 Affidavit Affidavit in support of PHV admission, #2 Text of Proposed Order Proposed Order for PHV admission, #3 Supplement Ohio Good Standing, #4 Supplement Kentucky Good Standing).(Lyon, Joseph) |
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Filing 13
ORDER granting #11 Motion for Terence R. Coates to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 12 REPLY to Objection. Document filed by Mark Krenzer..(Feldman, Lori) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Terence R. Coates to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24962826. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 11 MOTION for Terence R. Coates to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24962826. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Davis, Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo. (Attachments: #1 Affidavit of Terence R. Coates, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Coates, Terence) |
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Filing 10
ORDER granting #7 Motion for Jeffrey S. Goldenberg to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 9 OPPOSITION BRIEF re: #8 Proposed Stipulation and Order TO CONSOLIDATE ACTIONS, APPOINT CO-LEAD COUNSEL, AND SET SCHEDULING DEADLINES. Document filed by Mark Krenzer..(Feldman, Lori) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Janie Marcaurel, Shelby Ingram, Nolan Brodie..(Byrd, Rachele) |
| Filing 7 MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24937009. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gerald Davis, Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo. (Attachments: #1 Affidavit of Jeffrey S. Goldenberg, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Goldenberg, Jeffrey) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24937009. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 6 CIVIL COVER SHEET filed..(Garber, Todd) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-06147-VSB. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (vba) |
| 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. (vba) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to USA Waste-Management Resources, LLC..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Todd Seth Garber to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Todd Seth Garber. The party information for the following party/parties has been modified: Miguel Montelongo, Mary J Fusilier, Andrew Kantack, Clifford Harris, Gerald Davis. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 21cv6147. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to USA Waste-Management Resources, LLC, re: #1 Complaint,,. Document filed by Gerald Davis, Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo..(Garber, Todd) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-06147-VSB. Document filed by Gerald Davis, Mary J Fusilier, Clifford Harris, Andrew Kantack, Miguel Montelongo..(Garber, Todd) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Garber, Todd) Modified on 7/23/2021 (pc). |
| Filing 1 COMPLAINT against USA Waste-Management Resources, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24830455)Document filed by Miguel Montelongo, Mary J Fusilier, Andrew Kantack, Clifford Harris, Gerald Davis. (Attachments: #1 Exhibit 1 - Fusilier Notice Letter, #2 Exhibit 2 - Harris Notice Letter, #3 Exhibit 3 - Kantack Notice Letter, #4 Exhibit 4 - Montelongo Notice Letter, #5 Exhibit 5 - Davis Notice Letter, #6 Exhibit 6 - Unexecuted Proof of Service, #7 Exhibit 7 - CA Template Notice).(Garber, Todd) |
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