In Re: September 11 Property Damage and Business Loss Litigation Featured Case
Plaintiff: World Trade Farmers Market, Inc., Adem Arici, Omer Ipek, Mayore Estates, L.L.C., 80 Lafayette Associates, L.L.C., Serko & Simon, LLP, Certain Underwriters at Lloyd's Comprising Syndicates No. 33,1003,2003,1208,1243,0376, Great Lakes Reinsurance (UK) PLC, Barcley Dwyer Co., Inc., Karoon Capital Management, Inc., N.S. Windows, LLC, Tower Computer Services, Inc., Wall Street Realty Capital, Inc., MVN Associates, Inc., Marsha Van Name, Floyd Van Name, Daniel D'Aquila, Koudis International, Inc., American Alternative Insurance Corporation, The Princeton Excess & Surplus Lines Insurance Company, Certain Underwriters at Lloyd's, London as Members of Syndicates Numbered 1212, 1241, 79, 506, and 2791, QBE International Insurance Ltd., Mayore Estates, LLC, Industrial Risk Insurers, Allianz Global Risks US Insurance Company, Allianz Insurance Company of Canada, Allianz Suisse Versicherungs-Gesellschaft, Allianz Versicherungs-Aktiengesellschaft, Assurances Generales De France, Assurances Generales de Franci Iart, Fireman's Fund Insuramce Company, Woburn Insurance, Ltd., Greater New York Mutual Insurance Company, Insurance Company of Greater New York, Munich-American Risk Partners, Underwriters at Lloyd's, American Re-Insurance Company, AXA Art Insurance Corporation, AXA Cessions, AXA Corporate Solutions Assurance, AXA Corporate Solutions Services UK, Ltd., AXA Corporation Solutions Assurance Canadian Branch, AXA RE, AXA RE Madeira Branch, AXA Re Asia Pacific PTE. Ltd., AXA Reinsurance UK, PLC, AXA Verischerung AG, Axa Corporation Solutions Insurance Company, Compagnie Generale De Reassurance De Monte Carlo, SPS Reassurance, Aegis Insurance Services, Inc., Liberty Insurance Underwriters, Inc., National Union Insurance Company of Pittsburgh, Nuclear Electric Insurance Limited, Certain Underwriters at Lloyds, (Syndicates 1225 and 1511), Muenchener Rueckversicherungs-Gesellschaft, Munich Reinsurance Company UK General Branch, AXA Corporate Solutions Assurance UK Branch, AXA Corporate Solutions Reinsurance Company, AXA Global Risk UK, Ltd., AXA RE Canadian Branch, CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald L.P., Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc., Consolidated Edison Company of New York, Inc., World Trade Center Properties LLC, 1 World Trade Center LLC, 3 World Trade Center LLC, 7 World Trade Company, L.P., 2 World Trade Center LLC, 4 World Trade Center LLC, Mary Bavis, Michael Keating and Gary Michael Low
Defendant: AMR Corporation, American Airlines, Inc., Burns International Services Corp., Burns International Security Services Corp., Emery Roth & Partners L.L.C., Emery Roth & Sons, P.C., Globe Airport Security Services, Inc., Globe Aviation Services Corp., Huntleigh Corporation, Huntleigh USA Corporation, ICTS International NV, Leslie E. Robertson Associates, Minoru Yamasaki Associates, Inc., Pinkerton's Inc., Securitas AB, Skilling Ward Magnusson Barkshire Inc., Tishman Realty & Construction Company, UAL Corporation, United Air Lines, Inc., Colgan Air Inc., Massachusetts Port Authority, US Airways Inc., The Port Authority of New York & New Jersey, Boeing Company, Colgan Airways Corporation, U.S. Airways Group, Inc., Silverstein Properties, Inc., 7 World Trade Company, L.P., Citigroup, Inc., Citigroup Global Markets Holdings Inc., Salomon Smith Barney Holdings, Inc., Salomon Inc., Swanke Hayden Connell Arche, Ambassador Construction Co., Inc., Cosentini Associates Inc., Cantor Seinuk Group, P.C., H.O. Penn Machinery Co., Inc., Kaback Enterprises, Preferred Utilities Manufacturing Corp., Electric Power Systems, Inc., American Power Technologies, Inc., G.C. Engineering & Associates, P.C., Tishman Construction Corporation, Firecom Inc., Grace Construction Products, Fiberlock Technologies, Inc., Rosebwach Tank Co., Inc., All Fire Systems, Inc., Syska & Hennessy Group, Inc., Skidmore Owings and Merrill, L.L.P., Flack & Kurtz, Inc., ABCO Peerless Sprinkler Corporation, AMEC, PLC, Office of Irwin G. Cantor, P.C., Security Services, Inc., Centifugal Associates, Inc., Riggs Bank, N.A., Riggs National Corporation, World Trade Center Properties LLC, Irwin G. Cantor, P.C. and Johnson Controls World Services Inc.
Movant: Delta Air Lines, Inc.
ThirdParty Plaintiff: The Port Authority of New York & New Jersey
ThirdParty Defendant: AMR Corporation, American Airlines, Inc., Burns International Security Services Corp., Globe Aviation Services Corp., Huntleigh USA Corporation, ICTS International NV, Pinkerton's Inc., Securitas AB, UAL Corporation, United Air Lines, Inc., Colgan Air Inc., US Airways Inc., Boeing Company and U.S. Airways Group, Inc.
Intervenor: The New York Times Company
Case Number: 1:2021mc00101
Filed: March 21, 2005
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: Alvin K. Hellerstein
Nature of Suit: Other
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 11, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2014 Opinion or Order Filing 1900 ORDER OF DISMISSAL AND TO SHOW CAUSE: As set forth within, in light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiffs show cause by September 19, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/4/2014) (ajs)
August 5, 2014 Opinion or Order Filing 1899 ORDER OF DISMISSAL AND TO SHOW CAUSE: As set forth within, in light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiffs show cause by September 19, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/4/2014) (ajs)
June 30, 2014 Opinion or Order Filing 1898 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiff filed its Complaint in this case on June 25, 2004. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. A district court may dismiss an action sua sponte for failure to prosecute, see Fed. R. Civ. P. 41(b). In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 30, 2014 Opinion or Order Filing 1897 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiff filed its Complaint in this case on June 25, 2004. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. A district court may dismiss an action sua sponte for failure to prosecute, see Fed. R. Civ. P. 41(b). In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 30, 2014 Opinion or Order Filing 1896 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiff filed its Complaint in this case on June 25, 2004. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. A district court may dismiss an action sua sponte for failure to prosecute, see Fed. R. Civ. P. 41(b). In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 26, 2014 Opinion or Order Filing 1895 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiff filed its Complaint in this case on June 25, 2004. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. A district court may dismiss an action sua sponte for failure to prosecute, see Fed. R. Civ. P. 41(b). In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 26, 2014 Opinion or Order Filing 1894 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiffs filed their Complaint in this case on September 10, 2002. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. A district court may dismiss an action sua sponte for failure to prosecute, see Fed. R. Civ. P. 41(b). In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiffs show cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) (ajs)
June 26, 2014 Opinion or Order Filing 1893 ORDER OF DISMISSAL AND TO SHOW CAUSE: In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-10052-AKH(cd)
June 26, 2014 Opinion or Order Filing 1892 ORDER OF DISMISSAL AND TO SHOW CAUSE: In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed (Signed by Judge Alvin K. Hellerstein on 6/24/2014) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-05025-AKH(cd)
June 26, 2014 Opinion or Order Filing 1891 ORDER OF DISMISSAL AND TO SHOW CAUSE: In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiff shows cause by August 15, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. (Signed by Judge Alvin K. Hellerstein on 6/24/2014) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-05021-AKH(cd)
June 6, 2014 Transmission to Sealed Records Clerk. Transmitted re: 1890 Endorsed Letter,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro)
June 6, 2014 Filing 1890 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert T. Haefele dated 6/6/14 re: Counsel writes to request a copy of the transcript of the 6/3/14 hearing. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/6/2014) (mro)
May 23, 2014 Filing 1889 MANDATE of USCA (Certified Copy) as to (1312 in 1:21-mc-00101-AKH, 99 in 1:08-cv-09146-AKH) Notice of Appeal, filed by Cedar & Washington Associates, LLC. USCA Case Number 10-4197. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/23/2014. (Attachments: # 1 Opinion)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
April 10, 2014 Opinion or Order Filing 1888 ORDER OF DISMISSAL AND TO SHOW CAUSE: Plaintiffs filed their Complaint in this case on September 11, 2007. The case was consolidated into the 21 MC 101 master docket. All the claims in the 21 MC 101 master docket have been resolved. However, this individual case remains open and the docket reflects no recent activity. In light of the absence of recent activity, I sua sponte dismiss this case, with the proviso that the case will be reopened if Plaintiffs show cause by May 30, 2014 why this action should not be dismissed for failure to prosecute. The Clerk is directed to mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/10/2014) (ajs)
January 23, 2014 Filing 1887 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SETTLEMENT proceeding held on 1/13/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
January 23, 2014 Filing 1886 TRANSCRIPT of Proceedings re: SETTLEMENT held on 1/13/2014 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/28/2014.(Rodriguez, Somari)
January 15, 2014 Opinion or Order Filing 1885 ORDER GRANTING JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT granting (151) Motion to Approve in case 1:04-cv-07318-AKH; granting (1882) Motion to Approve in case 1:21-mc-00101-AKH. Having reviewed the Settlement Agreement and settlement amount, I find the proposed settlement to be fair, reasonable and consistent with the ATSSSA and I approve it. As the Second Circuit held in In re September 11 Prop. Damage Litig., 650 F 3d 145, 153 (2d Cir. 2011), the insurers may settle these claims so long as they do not act in bad faith. There is no sign of bad faith here: This settlement is the culmination of years of litigation and work between the parties. The Settlement Agreement itself was the result of extensive negotiations between counsel for the plaintiffs and the paying defendants, working under the auspices of a highly respected mediator. Those negotiations were concluded just weeks before the jury trial scheduled to begin on January 6, 2014. The settlement amount is reasonable: it is neither too much nor too little. All amounts paid pursuant to the Settlement Agreement shall be credited against the paying defendants' respective liability ceilings under § 408(a)(1) of the ATSSSA. Plaintiffs' claims are dismissed with prejudice. The Court will retain jurisdiction over this lawsuit for the purpose of enforcing the Settlement Agreement. The Clerk shall mark the motion (No. 151) terminated and the case closed. (Signed by Judge Alvin K. Hellerstein on 1/15/2014) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH (mro)
January 7, 2014 Filing 1884 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRANSCRIPT proceeding held on 12/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 7, 2014 Filing 1883 TRANSCRIPT of Proceedings re: CORRECTED TRANSCRIPT held on 12/17/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2014. Redacted Transcript Deadline set for 2/10/2014. Release of Transcript Restriction set for 4/10/2014.(McGuirk, Kelly)
January 3, 2014 Filing 1882 MOTION to Approve Plaintiffs' and Defendants' Joint Unopposed Motion for an Order Approving Their Settlement. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
December 23, 2013 Filing 1881 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 12/19/2013 re: Counsel requests your Honor's approval so that a revised version of this transcript may be obtained. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/20/2013) ***Filed in 04cv7318 and 21mc101. (tn)
December 23, 2013 Filing 1880 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
December 23, 2013 Filing 1879 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014.(Rodriguez, Somari)
December 23, 2013 Filing 1878 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
December 23, 2013 Filing 1877 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014.(Rodriguez, Somari)
December 17, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/17/2013. Case settled. (Court Reporter Carol Ganley) (Jones, Brigitte) Modified on 1/7/2014 (Landers, Rigoberto).
December 12, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/12/2013, ( Oral Argumenton on motion to approve settlement set for 1/13/2014 at 03:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Status Conference set for 12/17/2013 at 03:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Elena Lynch) (Jones, Brigitte)
December 4, 2013 ***DELETED DOCUMENT. Deleted document number 1875 Order. ***Document deleted in its entirety pursuant to instructions from Chambers. (mro)
December 4, 2013 Opinion or Order Filing 1876 ORDER: IT IS HEREBY ORDERED that the hearings in the above captioned case scheduled for December 5, 2013 are adjourned to December 12, 2013 at 2:30pm. ( Status Conference set for 12/12/2013 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/4/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
December 2, 2013 Filing 1874 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 12/2/13 re: Counsel writes to request an adjournment of the Court Conference scheduled for tomorrow, December 3, 2013 at 10:00 a.m. The parties are prepared to discuss all pending matters at the conference previously scheduled for Thursday, December 5, 2013 at 10:00 a.m. ENDORSEMENT: So ordered. The conf. set for Thursday, Dec. 5, 2013, will not be adjourned. (Signed by Judge Alvin K. Hellerstein on 12/2/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
November 26, 2013 Filing 1873 DECLARATION of John F. Stoviak, Esq. in Support re: 1871 MOTION To Confirm Duty of Air Carrier to Ground Victims.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Beidel, Jennifer)
November 26, 2013 Filing 1872 MEMORANDUM OF LAW in Support re: 1871 MOTION To Confirm Duty of Air Carrier to Ground Victims.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1871 MOTION To Confirm Duty of Air Carrier to Ground Victims. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Proof of Service)(Beidel, Jennifer)
November 26, 2013 Filing 1870 DECLARATION of John F. Stoviak, Esq. in Support re: 1868 MOTION For Application of a Presumption Concerning Prohibited Weapons Passing Through American Airlines' Checkpoint Security and Getting on Flight 11.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Beidel, Jennifer)
November 26, 2013 Filing 1869 MEMORANDUM OF LAW in Support re: 1868 MOTION For Application of a Presumption Concerning Prohibited Weapons Passing Through American Airlines' Checkpoint Security and Getting on Flight 11.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1868 MOTION For Application of a Presumption Concerning Prohibited Weapons Passing Through American Airlines' Checkpoint Security and Getting on Flight 11. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Proof of Service)(Beidel, Jennifer)
November 26, 2013 Filing 1867 DECLARATION of John F. Stoviak, Esq. in Support re: 1865 MOTION To Exclude Opinions of Defendant American Airlines' Expert Bruce Mizarch, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Beidel, Jennifer)
November 26, 2013 Filing 1866 MEMORANDUM OF LAW in Support re: 1865 MOTION To Exclude Opinions of Defendant American Airlines' Expert Bruce Mizarch, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1865 MOTION To Exclude Opinions of Defendant American Airlines' Expert Bruce Mizarch, Ph.D.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Proof of Service)(Beidel, Jennifer)
November 26, 2013 Filing 1864 DECLARATION of John F. Stoviak, Esq. in Support re: 1862 MOTION To Exclude Opinions of Defendant American Airlines' Expert Stephen R. Mitroff, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Beidel, Jennifer)
November 26, 2013 Filing 1863 MEMORANDUM OF LAW in Support re: 1862 MOTION To Exclude Opinions of Defendant American Airlines' Expert Stephen R. Mitroff, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1862 MOTION To Exclude Opinions of Defendant American Airlines' Expert Stephen R. Mitroff, Ph.D.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(Beidel, Jennifer)
November 26, 2013 Filing 1861 DECLARATION of John F. Stoviak, Esq. in Support re: 1859 MOTION To Exclude Opinions of Defendant American Airlines' Expert James J.F. Forest, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Beidel, Jennifer)
November 26, 2013 Filing 1860 MEMORANDUM OF LAW in Support re: 1859 MOTION To Exclude Opinions of Defendant American Airlines' Expert James J.F. Forest, Ph.D... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1859 MOTION To Exclude Opinions of Defendant American Airlines' Expert James J.F. Forest, Ph.D.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Proof of Service)(Beidel, Jennifer)
November 26, 2013 Filing 1858 DECLARATION of John F. Stoviak, Esq. in Support re: 1856 MOTION to Exlude Certain Opinions of Defendant American Airlines' Expert Daniel R. Fischel.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2)(Beidel, Jennifer)
November 26, 2013 Filing 1857 MEMORANDUM OF LAW in Support re: 1856 MOTION to Exlude Certain Opinions of Defendant American Airlines' Expert Daniel R. Fischel.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1856 MOTION to Exlude Certain Opinions of Defendant American Airlines' Expert Daniel R. Fischel. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(Beidel, Jennifer)
November 26, 2013 Filing 1855 DECLARATION of John F. Stoviak, Esq. in Support re: 1853 MOTION For a Determination of Applicable Law Regarding the Standard of Care.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix A-II, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Beidel, Jennifer)
November 26, 2013 Filing 1854 MEMORANDUM OF LAW in Support re: 1853 MOTION For a Determination of Applicable Law Regarding the Standard of Care.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 26, 2013 Filing 1853 MOTION For a Determination of Applicable Law Regarding the Standard of Care. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Proof of Service)(Beidel, Jennifer)
November 19, 2013 Opinion or Order Filing 1852 ORDER: IT IS HEREBY ORDERED that the hearing in the above captioned case scheduled for November 20, 2013, regarding the proposed statement of introductory facts regarding the events of September 11, 2001 to be read to the jury, trial witnesses and summaries of each witness's expected testimony, is adjourned to December 5, 2013 at 10 am. ( Status Conference set for 12/5/2013 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/18/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
November 6, 2013 Opinion or Order Filing 1851 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 11/05/2013 re: Accordingly, the parties request that the deadline for submitting an agreed narrative or proposed counter-statements be extended until November 18, 2013. In addition, the parties request until November 18, 2013 to submit to the Court the lists of witnesses they intend to call at trial, and summaries of each witness's expected testimony. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/05/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ama)
November 6, 2013 Filing 1850 DECLARATION of Desmond T. Barry, Jr. in Support re: (142 in 1:04-cv-07318-AKH, 1847 in 1:21-mc-00101-AKH) MOTION For a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A (Part 1 of 3), # 2 Exhibit A (Part 2 of 3), # 3 Exhibit A (Part 3 of 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P (Part 1 of 2), # 19 Exhibit P (Part 2 of 2), # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Exhibit Z, # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Exhibit DD, # 34 Exhibit EE, # 35 Exhibit FF, # 36 Exhibit GG, # 37 Exhibit HH, # 38 Exhibit II, # 39 Exhibit JJ, # 40 Exhibit KK, # 41 Exhibit LL, # 42 Exhibit MM, # 43 Exhibit NN, # 44 Exhibit OO, # 45 Exhibit PP)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 5, 2013 Filing 1849 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1850) - DECLARATION of Desmond T. Barry, Jr. in Support re: (142 in 1:04-cv-07318-AKH, 1847 in 1:21-mc-00101-AKH) MOTION For a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A (Part 1 of 3), # 2 Exhibit A (Part 2 of 3), # 3 Exhibit A (Part 3 of 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z (Part 1 of 2), # 29 Exhibit Z (Part 2 of 2), # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Exhibit DD, # 34 Exhibit EE, # 35 Exhibit FF, # 36 Exhibit GG, # 37 Exhibit HH, # 38 Exhibit II, # 39 Exhibit JJ, # 40 Exhibit KK, # 41 Exhibit LL, # 42 Exhibit MM, # 43 Exhibit NN, # 44 Exhibit OO, # 45 Exhibit PP)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond) Modified on 11/6/2013 (ldi).
November 5, 2013 Filing 1848 MEMORANDUM OF LAW in Support re: (142 in 1:04-cv-07318-AKH, 1847 in 1:21-mc-00101-AKH) MOTION For a Determination of Applicable Law Regarding the Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 5, 2013 Filing 1847 MOTION For a Determination of Applicable Law Regarding the Standard of Care. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1846 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1845 DECLARATION of Desmond T. Barry, Jr. in Support re: (1842 in 1:21-mc-00101-AKH, 137 in 1:04-cv-07318-AKH) MOTION for Partial Summary Judgment Dismissing Certain of Plaintiffs' Claims.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (Part 1 of 2), # 6 Exhibit E (Part 2 of 2), # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U (Part 1 of 2), # 23 Exhibit U (Part 2 of 2), # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1844 DECLARATION of Martha Crenshaw in Support re: (1842 in 1:21-mc-00101-AKH, 137 in 1:04-cv-07318-AKH) MOTION for Partial Summary Judgment Dismissing Certain of Plaintiffs' Claims.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1843 MEMORANDUM OF LAW in Support re: (1842 in 1:21-mc-00101-AKH, 137 in 1:04-cv-07318-AKH) MOTION for Partial Summary Judgment Dismissing Certain of Plaintiffs' Claims.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1842 MOTION for Partial Summary Judgment Dismissing Certain of Plaintiffs' Claims. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1841 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1840 DECLARATION of Desmond T. Barry, Jr. in Support re: (132 in 1:04-cv-07318-AKH, 1837 in 1:21-mc-00101-AKH) MOTION for Summary Judgment Dismissing All of Plaintiffs' Claims for Lack of Duty and Proximate Cause.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1839 DECLARATION of Martha Crenshaw in Support re: (132 in 1:04-cv-07318-AKH, 1837 in 1:21-mc-00101-AKH) MOTION for Summary Judgment Dismissing All of Plaintiffs' Claims for Lack of Duty and Proximate Cause.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1838 MEMORANDUM OF LAW in Support re: (132 in 1:04-cv-07318-AKH, 1837 in 1:21-mc-00101-AKH) MOTION for Summary Judgment Dismissing All of Plaintiffs' Claims for Lack of Duty and Proximate Cause.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
November 1, 2013 Filing 1837 MOTION for Summary Judgment Dismissing All of Plaintiffs' Claims for Lack of Duty and Proximate Cause. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Barry, Desmond)
October 28, 2013 Opinion or Order Filing 1836 ORDER: IT IS HEREBY ORDERED that the conference regarding proposed jury instructions in this case scheduled for November 4, 2013 shall instead be held on December 3, 2013 at 10am. The deadline for special verdict sheets, general verdict sheets and interrogatories to the jury shall be moved to December 9, 2013. Status Conference set for 12/3/2013 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 10/28/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ft) Modified on 10/29/2013 (ft).
October 28, 2013 Filing 1835 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 10/25/2013 re: Counsel requests the Court's permission to file under seal the following motions that the parties will be filing today. ENDORSEMENT: Permission denied. The parties should submit to me marked copies of the motions, marked to show the sections as to which sealing is sought, for rulings regarding public filing. (Signed by Judge Alvin K. Hellerstein on 10/28/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ft)
October 25, 2013 Filing 1834 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1833 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1832 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1831 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1830 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1829 SEALED DOCUMENT placed in vault.(nm)
October 25, 2013 Filing 1828 SEALED DOCUMENT placed in vault.(nm)
October 24, 2013 Filing 1827 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/10/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 24, 2013 Filing 1826 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/10/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/25/2014.(McGuirk, Kelly)
October 18, 2013 Filing 1825 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Sarah S. Normand dated 10/17/13 re: Counsel writes to request an adjournment of the upcoming briefing deadlines and the conference scheduled for 10/28/13. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/18/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
October 16, 2013 Filing 1824 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine To Exclude Certain Opinions of Plaintiffs' Damages Expert. Document filed by AMR Corporation, American Airlines, Inc. (Attachments: # 1 Affidavit Of Service)(Beidel, Jennifer) Modified on 10/16/2013 (ldi).
October 11, 2013 Filing 1823 SEALED DOCUMENT placed in vault.(mps)
October 10, 2013 Filing 1822 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 10/3/13 re: Cantor and American propose that trial proceed in the sequence listed herein. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/10/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
October 10, 2013 Opinion or Order Filing 1821 STIPULATION AND ORDER REGARDING TRIAL EXHIBITS AND DEMONSTRATIVES: The World Trade Center Plaintiffs ("WTCP"), 7 World Trade Company, LP. ("7WTCo."), and the Defendants in the above-captioned actions and master docket hereby stipulate and agree that for purposes of any appeal in the above-captioned actions: (1) the documents listed below (the "Trial Exhibits and Demonstratives") were admitted into evidence or used as demonstrative exhibits during the non-jury trial held in the above-captioned actions before Judge Alvin K. Hellerstein from July 15, 2013 through July 18, 2013; (2) the Trial Exhibits and Demonstratives are part of the record on appeal in accordance with Federal Rule of Appellate Procedure 10(a); (3) the Trial Exhibits and Demonstratives will be held by the parties; and (4) all or some of the Trial Exhibits and Demonstratives can be made a part of the appendix to the briefs for any appeal in accordance with Federal Rule of Appellate Procedure 30 and/or will be made available upon request to the United States Court of Appeals for the Second Circuit; as further set forth herein. (Signed by Judge Alvin K. Hellerstein on 10/10/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(mro)
October 3, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (144 in 1:08-cv-03719-AKH, 146 in 1:08-cv-03722-AKH) Reply, filed by Massachusetts Port Authority, (122 in 1:08-cv-03719-AKH, 122 in 1:08-cv-03719-AKH, 122 in 1:08-cv-03719-AKH, 123 in 1:08-cv-03722-AKH, 123 in 1:08-cv-03722-AKH, 123 in 1:08-cv-03722-AKH) Affidavit of Service Other,, filed by American Airlines, Inc., AMR Corporation, (231 in 1:08-cv-03722-AKH) Judgment, (160 in 1:08-cv-03719-AKH, 177 in 1:08-cv-03722-AKH) Reply Memorandum of Law in Support of Motion,, filed by American Airlines, Inc., AMR Corporation, (106 in 1:08-cv-03719-AKH) Affidavit in Opposition to Motion filed by 4 World Trade Center, L.L.C., 2 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., (103 in 1:08-cv-03719-AKH, 104 in 1:08-cv-03722-AKH) Notice (Other) filed by Industrial Risk Insurers, (199 in 1:08-cv-03722-AKH) Declaration in Opposition to Motion, filed by 7 World Trade Company, L.P., (241 in 1:08-cv-03722-AKH) MOTION for Partial Summary Judgment. filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, (108 in 1:08-cv-03722-AKH) Memorandum of Law in Opposition to Motion filed by 7 World Trade Center Company, L.P., 3 World Trade Center L.L.C., 1 World Trade Center L.L.C., World Trade Center Properties LLC., (184 in 1:08-cv-03722-AKH, 184 in 1:08-cv-03722-AKH, 163 in 1:08-cv-03719-AKH, 163 in 1:08-cv-03719-AKH) Order, Set Hearings,, (253 in 1:08-cv-03722-AKH) Counter Statement to Rule 56.1 filed by American Airlines, Inc., AMR Corporation, (191 in 1:08-cv-03722-AKH) Affidavit of Service Other,, filed by UAL Corporation, United Air Lines, Inc., (157 in 1:08-cv-03719-AKH, 157 in 1:08-cv-03719-AKH, 157 in 1:08-cv-03719-AKH, 173 in 1:08-cv-03722-AKH, 173 in 1:08-cv-03722-AKH, 173 in 1:08-cv-03722-AKH) Affidavit of Service Other,, filed by American Airlines, Inc., AMR Corporation, (154 in 1:08-cv-03722-AKH) Endorsed Letter,, (228 in 1:08-cv-03722-AKH, 168 in 1:08-cv-03719-AKH) Transcript,, (264 in 1:08-cv-03722-AKH) Affidavit of Service Other filed by American Airlines, Inc., AMR Corporation, (218 in 1:08-cv-03722-AKH) Declaration in Opposition to Motion, filed by 7 World Trade Company, L.P., (176 in 1:08-cv-03722-AKH, 159 in 1:08-cv-03719-AKH) Notice (Other), Notice (Other) filed by American Airlines, Inc., AMR Corporation, (113 in 1:08-cv-03722-AKH, 113 in 1:08-cv-03722-AKH, 112 in 1:08-cv-03719-AKH, 112 in 1:08-cv-03719-AKH) Order, Set Deadlines/Hearings,,,, (232 in 1:08-cv-03722-AKH) Memorandum & Opinion,, (216 in 1:08-cv-03722-AKH) Declaration in Opposition to Motion, filed by 7 World Trade Company, L.P., (125 in 1:08-cv-03722-AKH, 124 in 1:08-cv-03719-AKH) EMERGENCY MOTION to Set Aside Seeking Relief from Order. filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center, L.L.C., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 2 World Trade Center, L.L.C., 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC, World Trade Center Properties, L.L.C., (224 in 1:08-cv-03722-AKH) Notice (Other), Notice (Other) filed by UAL Corporation, United Air Lines, Inc., (142 in 1:08-cv-03719-AKH, 142 in 1:08-cv-03719-AKH, 144 in 1:08-cv-03722-AKH, 144 in 1:08-cv-03722-AKH) Order, Set Deadlines/Hearings,,,, (208 in 1:08-cv-03722-AKH) Rule 56.1 Statement filed by American Airlines, Inc., AMR Corporation, (173 in 1:08-cv-03719-AKH) Order,,, (153 in 1:08-cv-03722-AKH) Stipulation and Order, (107 in 1:08-cv-03722-AKH) Affidavit in Opposition to Motion filed by 7 World Trade Center Company, L.P., 3 World Trade Center L.L.C., 1 World Trade Center L.L.C., World Trade Center Properties LLC., (103 in 1:08-cv-03722-AKH) Memorandum of Law in Support of Motion filed by TIG Insurance Company, (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United. filed by UAL Corporation, United Air Lines, Inc., (119 in 1:08-cv-03722-AKH, 118 in 1:08-cv-03719-AKH) Memorandum of Law in Support of Motion,, filed by 4 World Trade Center, L.L.C., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 2 World Trade Center, L.L.C., 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, World Trade Center Properties, L.L.C., (108 in 1:08-cv-03719-AKH, 109 in 1:08-cv-03722-AKH) Memorandum of Law in Opposition to Motion, filed by American Airlines, Inc., AMR Corporation, (133 in 1:08-cv-03719-AKH, 134 in 1:08-cv-03722-AKH) USCA Mandate,,,,, (246 in 1:08-cv-03722-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7. filed by American Airlines, Inc., AMR Corporation, (177 in 1:08-cv-03719-AKH, 266 in 1:08-cv-03722-AKH) Transcript,, (249 in 1:08-cv-03722-AKH) Declaration in Support of Motion,, filed by American Airlines, Inc., AMR Corporation, (115 in 1:08-cv-03719-AKH, 116 in 1:08-cv-03722-AKH) Order,,,,, (151 in 1:08-cv-03722-AKH) Answer to Complaint filed by Huntleigh USA Corporation, (243 in 1:08-cv-03722-AKH) Declaration in Support of Motion,,,,,, filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, (174 in 1:08-cv-03722-AKH, 174 in 1:08-cv-03722-AKH) Stipulation and Order, Set Deadlines,,,,,, (176 in 1:08-cv-03719-AKH, 262 in 1:08-cv-03722-AKH) Order, (150 in 1:08-cv-03719-AKH, 166 in 1:08-cv-03722-AKH) Transcript,, (105 in 1:08-cv-03719-AKH) Notice of Appearance filed by TIG Insurance Company, (221 in 1:08-cv-03722-AKH) Reply Memorandum of Law in Oppisition to Motion, filed by 7 World Trade Company, L.P., (186 in 1:08-cv-03719-AKH, 276 in 1:08-cv-03722-AKH) Findings of Fact & Conclusions of Law,,,,, (196 in 1:08-cv-03722-AKH, 196 in 1:08-cv-03722-AKH, 165 in 1:08-cv-03719-AKH, 165 in 1:08-cv-03719-AKH) Endorsed Letter, Set Deadlines/Hearings,,,, (142 in 1:08-cv-03722-AKH, 140 in 1:08-cv-03719-AKH) Counter Statement to Rule 56.1,, filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center, L.L.C., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 2 World Trade Center, L.L.C., 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties, L.L.C., (168 in 1:08-cv-03722-AKH, 152 in 1:08-cv-03719-AKH) Notice (Other), Notice (Other) filed by American Airlines, Inc., AMR Corporation, (242 in 1:08-cv-03722-AKH) Memorandum of Law in Support of Motion, filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, (201 in 1:08-cv-03722-AKH, 166 in 1:08-cv-03719-AKH) Endorsed Letter, (111 in 1:08-cv-03722-AKH, 111 in 1:08-cv-03722-AKH, 111 in 1:08-cv-03722-AKH, 110 in 1:08-cv-03719-AKH, 110 in 1:08-cv-03719-AKH, 110 in 1:08-cv-03719-AKH) Affidavit of Service Other,, filed by American Airlines, Inc., AMR Corporation, (275 in 1:08-cv-03722-AKH, 275 in 1:08-cv-03722-AKH, 185 in 1:08-cv-03719-AKH, 185 in 1:08-cv-03719-AKH) Order, Terminate Motions,,,, (225 in 1:08-cv-03722-AKH) Affidavit of Service Other, filed by UAL Corporation, United Air Lines, Inc., (272 in 1:08-cv-03722-AKH, 182 in 1:08-cv-03719-AKH) Pretrial Memorandum filed by American Airlines, Inc., AMR Corporation, (130 in 1:08-cv-03722-AKH, 130 in 1:08-cv-03722-AKH, 129 in 1:08-cv-03719-AKH, 129 in 1:08-cv-03719-AKH) Order on Motion to Dismiss,,,,,,, (125 in 1:08-cv-03719-AKH, 126 in 1:08-cv-03722-AKH) Declaration in Support of Motion, filed by World Trade Center Properties LLC., (130 in 1:08-cv-03719-AKH) USCA Mandate - Other,,,, (203 in 1:08-cv-03722-AKH) Declaration in Support of Motion, filed by UAL Corporation, United Airlines, Inc., United Air Lines, Inc., (268 in 1:08-cv-03722-AKH) Stipulation and Order of Dismissal,,, (182 in 1:08-cv-03722-AKH) Order, (101 in 1:08-cv-03719-AKH) Declaration in Support of Motion filed by TIG Insurance Company, (158 in 1:08-cv-03719-AKH, 175 in 1:08-cv-03722-AKH) Notice (Other), Notice (Other) filed by American Airlines, Inc., AMR Corporation, (204 in 1:08-cv-03722-AKH) Affidavit of Service Other,, filed by UAL Corporation, United Air Lines, Inc., (137 in 1:08-cv-03719-AKH, 137 in 1:08-cv-03719-AKH, 139 in 1:08-cv-03722-AKH, 139 in 1:08-cv-03722-AKH) Order, Set Deadlines/Hearings,,,,,,,, (141 in 1:08-cv-03722-AKH, 139 in 1:08-cv-03719-AKH) Memorandum of Law in Opposition to Motion,, filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center, L.L.C., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 2 World Trade Center, L.L.C., 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC, World Trade Center Properties, L.L.C., (110 in 1:08-cv-03722-AKH, 109 in 1:08-cv-03719-AKH) Declaration in Opposition to Motion, filed by American Airlines, Inc., AMR Corporation, (207 in 1:08-cv-03722-AKH) Declaration in Support of Motion,,,,,, filed by American Airlines, Inc., AMR Corporation, (156 in 1:08-cv-03719-AKH, 172 in 1:08-cv-03722-AKH) Rule 56.1 Statement filed by American Airlines, Inc., AMR Corporation, (169 in 1:08-cv-03719-AKH, 229 in 1:08-cv-03722-AKH) Notice of Filing Transcript,, (105 in 1:08-cv-03722-AKH, 104 in 1:08-cv-03719-AKH) Stipulation and Order, (135 in 1:08-cv-03722-AKH) Order on Motion for Reargument, (131 in 1:08-cv-
October 1, 2013 Opinion or Order Filing 1820 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 9/30/2013 re: Accordingly, Cantor and American jointly request that the deadline for filing substantive and dispositive motions be extended until October 25, 2013 from the September 30, 2013 deadline set forth in the Joint Amended Case Management Plan and Order of May 22, 2013 ("CMO"). ENDORSEMENT: The schedule is approved. Adjournments beyond that, or because of implications from the government's appropriations issues, will not be approved. Any necessary orders should now be proposed.". SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/30/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ama)
October 1, 2013 Filing 1819 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 9/5/13 re: Counsel requests the Courts permission to file under seal American's Motion to exclude certain options of the damages experts retained by Plaintiffs Cantor Fitzgerald & Co., et al. ENDORSEMENT: I approve a protocol consistent with my Individual Rule 4B. (Signed by Judge Alvin K. Hellerstein on 9/30/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
October 1, 2013 Filing 1818 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 1, 2013 Filing 1817 TRANSCRIPT of Proceedings re: conference held on 7/9/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(McGuirk, Kelly)
October 1, 2013 Filing 1816 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/27/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 1, 2013 Filing 1815 TRANSCRIPT of Proceedings re: conference held on 7/27/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(McGuirk, Kelly)
October 1, 2013 Filing 1814 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/16/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 1, 2013 Filing 1813 TRANSCRIPT of Proceedings re: conference held on 5/16/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(McGuirk, Kelly)
October 1, 2013 Filing 1812 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/15/08 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 1, 2013 Filing 1811 TRANSCRIPT of Proceedings re: conference held on 12/15/2008 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2013. Redacted Transcript Deadline set for 11/4/2013. Release of Transcript Restriction set for 1/2/2014.(McGuirk, Kelly)
September 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (1810 in 1:21-mc-00101-AKH, 279 in 1:08-cv-03722-AKH) Notice of Appeal. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH. (tp)
September 25, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (1808 in 1:21-mc-00101-AKH, 188 in 1:08-cv-03719-AKH) Notice of Appeal. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH. (tp)
September 25, 2013 Filing 1810 NOTICE OF APPEAL from (278 in 1:08-cv-03722-AKH, 278 in 1:08-cv-03722-AKH) Order on Motion to Approve,,,,,,,. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Filing fee $ 455.00, receipt number 0208-8905577. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Davis, Megan)
September 25, 2013 Opinion or Order Filing 1809 ORDER granting (1791) Motion for Nicholas J. Nastasi to Appear Pro Hac Vice in case 1:21-mc-00101-AKH. IT IS HEREBY ORDERED that Nicholas J. Nastasi, Esq. is admitted to practice pro hac vice as counsel for Plaintiffs Cantor Fitzgerald & Co., et al. (Signed by Judge Alvin K. Hellerstein on 9/24/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro) Modified on 9/26/2013
September 25, 2013 Filing 1808 NOTICE OF APPEAL from (187 in 1:08-cv-03719-AKH) Order of Dismissal,. Document filed by 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C.. Filing fee $ 455.00, receipt number 0208-8905508. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH(Davis, Megan)
September 20, 2013 Filing 1807 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated September 18, 2013, Defendants' motions for summary judgment are granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/20/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(ml)
September 18, 2013 Opinion or Order Filing 1806 ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT granting (155) Motion for Summary Judgment; granting (160) Motion for Summary Judgment in case 1:10-cv-01642-AKH. For the foregoing reasons, I grant Defendants' motions for summary judgment. The Clerk shall terminate the motions (Doc. Nos. 155 and 160) and mark the case closed. (Signed by Judge Alvin K. Hellerstein on 9/18/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(mro)
September 12, 2013 Filing 1805 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 9/10/13 re: Counsel requests (1) an adjournment of the September 18, 2013 conference until either October 7, 2013 or October 10, 2013, or at the Court's earliest convenience thereafter; (2) an extension to submit their Joint letter until one week in advance of the rescheduled conference; (3) an adjournment of the October 10, 2013 hearing until October 24, 2013, or at the Court's earliest convenience thereafter; and (4) an extension of time for the parties and the Government to brief the Court regarding SSI trial designations and counter-designations in dispute. ENDORSEMENT: The extensions are granted. The Sept. 18 conference is adjourned to October 10, 2013, 2:30 p.m. The October 10 conference is adjourned to October 28, 2013, at 10:30 a.m. The filing dates for submissions are adjusted accordingly. The parties shall propose a briefing schedule, as promptly as possible, for SSI issues. ( Pretrial Conference set for 10/10/2013 at 02:30 PM before Judge Alvin K. Hellerstein., Status Conference set for 10/28/2013 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/12/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(mro)
August 28, 2013 Filing 1804 MEMO ENDORSEMENT granting 1802 Joint Motion to Approve Plaintiff 7 World Trade Company, L.P.'s and the Aviation Defendants' Joint Unopposed Motion for an Order Approving Their Settlement in case 1:21-mc-00101-AKH; granting 277 Joint Motion to Approve Plaintiff 7 World Trade Company, L.P.'s and the Aviation Defendants' Joint Unopposed Motion for an Order Approving Their Settlement in case 1:08-cv-03722-AKH. ENDORSEMENT: Motion granted. The case is dismissed with prejudice and without costs, upon the terms of the parties' settlement agreement and my Findings of Facts and Conclusions of Law filed August 1, 2013. I approve the Settlement Agreement as consistent with ATSSSA. (Signed by Judge Alvin K. Hellerstein on 8/28/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(tn)
August 28, 2013 Opinion or Order Filing 1803 ORDER: My finding and facts and conclusions of law fully resolved the claims filed in 08 Civ. 3719. The case is dismissed with prejudice and without costs, and the Clerk shall mark the case closed. (Signed by Judge Alvin K. Hellerstein on 8/28/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH(tn)
August 27, 2013 Filing 1802 JOINT MOTION to Approve Plaintiff 7 World Trade Company, L.P.'s and the Aviation Defendants' Joint Unopposed Motion for an Order Approving Their Settlement. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
August 2, 2013 Filing 1801 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 2, 2013 Filing 1800 TRANSCRIPT of Proceedings re: TRIAL held on 7/18/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(McGuirk, Kelly)
August 2, 2013 Filing 1799 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/17/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 2, 2013 Filing 1798 TRANSCRIPT of Proceedings re: TRIAL held on 7/17/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(McGuirk, Kelly)
August 2, 2013 Filing 1797 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/16/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 2, 2013 Filing 1796 TRANSCRIPT of Proceedings re: TRIAL held on 7/16/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(McGuirk, Kelly)
August 2, 2013 Filing 1795 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/15/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 2, 2013 Filing 1794 TRANSCRIPT of Proceedings re: TRIAL held on 7/15/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/4/2013.(McGuirk, Kelly)
August 1, 2013 Set/Reset Hearings: Conference set for 8/26/2013 at 02:30 PM before Judge Alvin K. Hellerstein. Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(cd)
August 1, 2013 Filing 1793 FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING JUDGMENT FOR DEFENDANTS: Accordingly, for the reasons stated, the business interruption and replacement cost insurance recoveries for the main site of the World Trade Center, which comprised all, or nearly all, of the $4.044 billion in total insurance recoveries, correspond to Plaintiffs' potential tort recovery and constitute a total offset to Plaintiffs' maximum potential tort recovery of $2.805 billion. Similarly, for the reasons stated, the business interruption and replacement cost proceeds for Tower 7, totaling nearly $829 million, correspond to Plaintiffs' possible tort recovery and thus completely offset Plaintiffs' maximum tort recovery of $737 million for the loss of the Tower 7 lease. These insurance proceeds, however, have not fully compensated Plaintiffs for art losses and personal property losses related to the destruction of Tower 7, and Plaintiffs may be owed up to $300,000 and $823,921 for these two types of losses, respectively. I shall confer with counsel at a conference on August 26, 2013, at 2:30 p.m. to discuss how these claims can be speedily resolved. (Signed by Judge Alvin K. Hellerstein on 8/1/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(cd)
July 25, 2013 Filing 1792 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Caroline F. Bartlett dated 7/25/2013 re: I write at the direction of Your Honor's Courtroom Deputy, Ms. Jones, to respectfully request that I be removed as attorney of record from the dockets of the September 11th Litigation, including 21-MC-100, 21-MC-101, 21-MC-102, AND 21-MC-103. ENDORSEMENT: So ordered., Attorney Caroline Firth Bartlett terminated. (Signed by Judge Alvin K. Hellerstein on 7/25/2013) (lmb)
July 19, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Bench Trial completed on 7/19/2013. (Court Reporter Paula Spear, Andrew Walker) Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Jones, Brigitte)
July 17, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Bench Trial held on 7/17/2013. (Court Reporter Paula Spear, Andrew Walker) Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Jones, Brigitte)
July 16, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Bench Trial held on 7/16/2013. (Court Reporter Paula Spear, Andrew Walker) Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Jones, Brigitte)
July 15, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Bench Trial begun on 7/15/2013. Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Jones, Brigitte)
July 12, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 1791 MOTION for Nicholas J. Nastasi to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8684446. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 12, 2013 Filing 1791 MOTION for Nicholas J. Nastasi to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8684446. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Affidavit Affidavit of Michael Rowan, Esq., # 2 Exhibit Exhibit 1-Affirmation of Nicholas J. Nastasi, Esq., # 3 Exhibit Exhibit 2-Certificate of Good Standing, # 4 Exhibit Exhibit 3-Certificate of Good Standing, # 5 Text of Proposed Order Proposed Order, # 6 Proof of Service)(Nastasi, Nicholas)
July 11, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Final Pretrial Conference held on 7/11/2013. (Jones, Brigitte)
July 9, 2013 Opinion or Order Filing 1790 ORDER: For the reasons stated on the record, 7 World Trade Company's motion in limine is denied as premature and calling for speculation. The clerk shall mark the motion (Doc No, 1777 in 21 MC 101) terminated. SO ORDERED. Motions terminated: 1777 in 1:21-mc-00101-AKH) MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building filed by 7 World Trade Company, L.P. (Signed by Judge Alvin K. Hellerstein on 7/9/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(rsh)
July 8, 2013 Filing 1789 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Supplement Aviation Defendants' Proposed Conclusions of Law)Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
July 8, 2013 Filing 1788 DECLARATION of Desmond T. Barry, Jr. in Support re: (1784 in 1:21-mc-00101-AKH, 272 in 1:08-cv-03722-AKH, 182 in 1:08-cv-03719-AKH) Pretrial Memorandum. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A - Part 1 of 2, # 2 Exhibit A - Part 2 of 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X - Part 1 of 2, # 26 Exhibit X - Part 2 of 2, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, # 40 Exhibit LL, # 41 Exhibit MM, # 42 Exhibit NN, # 43 Exhibit OO, # 44 Exhibit PP, # 45 Exhibit QQ)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
July 8, 2013 Filing 1787 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC.(Davis, Megan)
July 8, 2013 Filing 1786 PRETRIAL MEMORANDUM. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC.(Davis, Megan)
July 8, 2013 Filing 1785 REPLY AFFIDAVIT of Megan P. Davis in Support re: 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by 7 World Trade Company, L.P.. (Davis, Megan)
July 8, 2013 Filing 1784 PRETRIAL MEMORANDUM. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
July 8, 2013 Filing 1783 REPLY MEMORANDUM OF LAW in Support re: 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by 7 World Trade Company, L.P.. (Davis, Megan)
July 3, 2013 Filing 1782 DECLARATION of Desmond T. Barry, Jr. in Opposition re: (1777 in 1:21-mc-00101-AKH) MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
July 3, 2013 Filing 1781 MEMORANDUM OF LAW in Opposition re: (1777 in 1:21-mc-00101-AKH) MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
July 2, 2013 Filing 1780 MEMORANDUM OF LAW in Support re: 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by 7 World Trade Company, L.P.. (Davis, Megan)
July 1, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Megan Polly Davis to RE-FILE Document 1778 Brief. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
July 1, 2013 Filing 1779 DECLARATION of Megan P. Davis in Support re: 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit Exhibit 1 to Davis Decl., # 2 Exhibit Exhibit 2 to Davis Decl.)(Davis, Megan)
July 1, 2013 Filing 1778 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building.. Document filed by 7 World Trade Company, L.P..(Davis, Megan) Modified on 7/2/2013 (ldi).
July 1, 2013 Filing 1777 MOTION in Limine To Preclude the Aviation Defendants From Referring to or Introducing Evidence Regarding the New 7 World Trade Center Building. Document filed by 7 World Trade Company, L.P..(Davis, Megan)
June 14, 2013 Filing 1776 NOTICE of Withdrawal of Appearance of Jonathan L. Marshfield. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
June 4, 2013 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 6/4/2013 re: (241 in 1:08-cv-03722-AKH, 1728 in 1:21-mc-00101-AKH) MOTION for Partial Summary Judgment. filed by 7 World Trade Center Company, L.P., 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, (246 in 1:08-cv-03722-AKH, 1736 in 1:21-mc-00101-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7. filed by American Airlines, Inc., AMR Corporation. (Jones, Brigitte)
May 22, 2013 Opinion or Order Filing 1775 JOINT AMENDED CASE MANAGEMENT PLAN AND ORDER. It is hereby ORDERED, in connection with the firm trial date of January 6, 2014, that the following Joint Amended Case Management Plan regarding remaining discovery, motion practice, pre-trial reparations and trial is established for the Cantor Fitzgerald Plaintiffs and American Airlines in In Re September 11 Litigation. Motions in limine due by 11/20/2013. Responses due by 12/9/2013. Expert Discovery due by 9/13/2013. Pretrial Conference set for 9/18/2013 at 10:00 AM before Judge Alvin K. Hellerstein. Status Conference set for 10/10/2013 at 02:30 PM before Judge Alvin K. Hellerstein. Pretrial Order due by 12/12/2013. Ready for Trial by 1/6/2014. Status Conference set for 11/20/2013 at 02:30 PM before Judge Alvin K. Hellerstein. Status Conference set for 12/5/2013 at 02:30 PM before Judge Alvin K. Hellerstein, and as further set forth. (Signed by Judge Alvin K. Hellerstein on 5/22/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH. (rjm)
May 20, 2013 Opinion or Order Filing 1774 SUMMARY ORDER. Plaintiffs' motion for summary judgment dismissing the act-of-war affirmative defenses is denied. Whether there is any merit to this defense depends on how it is to be presented at trial, and therefore it is premature to decide this issue now. Plaintiffs' may refile their motion to dismiss this defense at the opportune time. I also deny Defendants' motion for a declaratory judgment that they are entitled to a reduction in damages related to 7 World Trade Center. Defendant seeks an authoritative interpretation of a contract with Industrial Risk Insurers ("IRI"). Because IRI is not before me, I decline to interpret the contract. The clerk shall mark the motions (Doc. Nos. 1728 and 1736 in 21 MC 101, 241 and 246 in 08 Civ. 3722) terminated. Denying (1728) Motion for Partial Summary Judgment; Denying (1736) Motion for Summary Judgment in case 1:21-mc-00101-AKH; Denying (241) Motion for Partial Summary Judgment; Denying (246) Motion for Summary Judgment in case 1:08-cv-03722-AKH. (Signed by Judge Alvin K. Hellerstein on 5/17/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(rjm)
May 20, 2013 Filing 1773 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/14/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2013 Filing 1772 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/14/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2013. Redacted Transcript Deadline set for 6/24/2013. Release of Transcript Restriction set for 8/22/2013.(McGuirk, Kelly)
May 17, 2013 Opinion or Order Filing 1771 ORDER REGULATING DISCOVERY: The parties, by joint letter dated May 7, 2013 and pursuant to Individual Rule 2E, request rulings on certain discovery issues. My rulings follow: 1. The WTCP plaintiffs, within 10 days, shall produce all discovery materials, including experts' heretofore produced to the Aviation Defendants, identifying the precise discovery requests to which the productions were made and answers were given. 2. In all other respects, Great Lakes' demands for discovery are denied without prejudice and with leave to renew after review and analysis of the discovery produced by the WTCP plaintiffs. 3. Any protective orders heretofore in force with respect to such discovery shall be extended to this lawsuit. The parties' joint letter request pursuant to Rule 2E will be filed (without exhibits) with this order. (Signed by Judge Alvin K. Hellerstein on 5/17/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(lmb)
May 16, 2013 Filing 1770 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/23/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
May 16, 2013 Filing 1769 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/23/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013.(Rodriguez, Somari)
May 15, 2013 Filing 1768 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
May 15, 2013 Filing 1767 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/16/2013.(Rodriguez, Somari)
May 8, 2013 Opinion or Order Filing 1766 PROTECTIVE ORDER GOVERNING ACCESS TO, HANDLING AND USE OF SENSITIVE SECURITY INFORMATION AT TRIAL... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 5/7/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH. (rjm)
April 18, 2013 Opinion or Order Filing 1765 ORDER of USCA (Certified Copy) as to (1312 in 1:21-mc-00101-AKH, 99 in 1:08-cv-09146-AKH) Notice of Appeal, filed by Cedar & Washington Associates, LLC. USCA Case Number 10-4197. IT IS HEREBY ORDERED that the appeal is REINSTATED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 4/18/2013. Certified: 4/18/2013. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
April 17, 2013 Opinion or Order Filing 1764 JOINT CASE MANAGEMENT PLAN AND ORDER: Motions in limine due by 11/20/2013. Responses due by 12/9/2013. Deposition due by 11/27/2013. Expert Discovery due by 9/13/2013. Hearing on any issues requiring rulings regarding the proposed statement of introductory facts regarding the events of September 11, 2001 as further specified herein set for 11/20/2013 at 02:30 PM before Judge Alvin K. Hellerstein. Final Pretrial Order due by 12/12/2013. Ready for Trial by 1/6/2014, and as further set forth. (Signed by Judge Alvin K. Hellerstein on 4/17/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(rjm)
April 9, 2013 Set/Reset Hearings: Conference set for 11/13/2013 at 02:30 PM before Judge Alvin K. Hellerstein. Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH. (rjm)
April 9, 2013 Opinion or Order Filing 1763 ORDER ON CASE MANAGEMENT PLAN. I have read the parties' Joint Case Management Plan. Although I approve of most of the dates set out in the proposal, the plan should be revised to reflect the following points: 1) The trial date is firm. Whatever the problems or time delays in dealing with SSI materials and witnesses, or other issues of discovery, there will be no adjournments of the trial, or of any hearings of issues involved in the trial. 2) The dates for the Touhy expert reports and for all experts relating to SSI should be compressed and accelerated to avoid the danger of slippages. 3) The parties should include relevant provisions from orders in the case of Bavis v. UAL Corp., 02 Civ. 7154, including dates for submitting a short, agreed-upon summary of the events of Sept. 11 to be read to the jury, summaries of each witness's expected testimony, proposals for instructions to the jury, criteria for judging fault of airport screening procedures, and other issues to be the subject of jury instructions. I attach the relevant orders in that case for the convenience of the parties. Those orders are: a) Order Regulating Procedure on Defendants' Motion, December 16, 2010; b) Order to Regulate Pretrial Process, February 24, 2011; c) Endorsement of Submission of Facts, March 15, 2011, and d) Order and Opinion Regulating Burdens of Proof and Issues for Jury Instructions, September 7, 2011. Issues on these matters that require rulings will be heard November 13, 2013, at 2:30 p.m. 4) The parties shall propose an agreed-upon length of trial, assuming a 5-hour trial day and having in mind that a trial that exceeds three-to-four weeks may present undue hardship to jurors. The case management plan shall provide a date for the parties' submission as to the length of trial. 5) The parties shall provide a revised Joint Case Management Plan for my signature, by noon, April 16, 2013. (Signed by Judge Alvin K. Hellerstein on 4/8/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(rjm) Modified on 4/10/2013 (rjm).
April 9, 2013 Opinion or Order Filing 1762 STIPULATION AND ORDER OF DISMISSAL: Therefore, it is hereby stipulated and agreed, by and between the undersigned attorneys of record for the respective parties thereto that 1.All claims against Delta bearing Docket Nos. 21 MC 101 and 08 CIV 3722 be and hereby are dismissed with each party bearing its own costs; 2.The Claims of Plaintiffs contained in the Complaint against Delta with regard to Flight 11 will be reinstated nunc pro tunc as of the date of this stipulation if, through an appeal or any other determination the November 21, 2012 Decision is reversed, vacated or modified such that Plaintiffs may pursue their claims against United related to Flight II or if Plaintiffs' claims against United arising our the hijacking and crash of flight II are otherwise restored, reinstated or revived by this or any other court; All other provisions as further set forth in this order (Signed by Judge Alvin K. Hellerstein on 4/5/2013) (js)
April 9, 2013 Filing 1761 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00101-AKH et al.(Rodriguez, Somari)
April 9, 2013 Filing 1760 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2013. Redacted Transcript Deadline set for 5/13/2013. Release of Transcript Restriction set for 7/11/2013.Filed In Associated Cases: 1:21-mc-00101-AKH et al.(Rodriguez, Somari)
April 5, 2013 Opinion or Order Filing 1759 ORDER FOR ADMISSION PRO HAC VICE OF JESSICA M. SKARIN. The motion of Jessica M. Skarin for admission to practice Pro Hac Vice in the above captioned action is granted. Granting (141) Motion for Jessica M. Skarin to Appear Pro Hac Vice in case 1:10-cv-01642-AKH. (Signed by Judge Alvin K. Hellerstein on 2/25/2013). Filed In Associated Cases: 1:10-cv-01642-AKH, 1:10-cv-01642-AKH. (rjm) Modified on 4/9/2013 (rjm).
April 1, 2013 Opinion or Order Filing 1758 ORDER SETTING ORAL ARGUMENT. Oral argument on 1) Plaintiffs' motion for partial summary judgment dismissing the act of war affirmative defense, and 2) Aviation Defendants' motion for summary judgment on their counterclaims for declaratory relief as to WTC 7, is scheduled for May 14, 2013 at 4:00 p.m. (Oral Argument set for 5/14/2013 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/1/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH. (rjm)
March 28, 2013 Filing 1757 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
March 28, 2013 Filing 1756 REPLY MEMORANDUM OF LAW in Support re: (246 in 1:08-cv-03722-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
March 20, 2013 Opinion or Order Filing 1755 ORDER: Plaintiffs' request to obtain an additional expert for the upcoming correspondence trial is denied with leave to renew. Plaintiffs have not shown the need for a new expert and why the present experts cannot adequately address the issue that Plaintiffs characterize as newly discovered. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/20/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(rsh)
March 20, 2013 Opinion or Order Filing 1754 JOINT CASE MANAGEMENT PLAN AND ORDER: It is hereby ORDERED that the following Joint Case Management Plan regarding remaining discovery, motion practice, and pretrial preparations relating to the July 15, 2013 trial of CPLR 4545 correspondence is established for the World Trade Center P1aintiffs and Aviation Defendants in In re September 11 Litigation. May 10, 2013 is the deadline for Aviation Defendants to complete their depositions and May 24, 2013 is the deadline for World Trade Center Plaintiffs to complete their depositions. July 1, 2013 any motions in limine, other motions concerning any expert witness or other pre-trial motions shall be filed by this date. July 8, 2013 the parties shall submit a joint pretrial order. July 15, 2013 a two week non-jury correspondence trial will commence. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/20/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(rsh)
March 20, 2013 Opinion or Order Filing 1753 ORDER AND OPINION APPLYING CERCLA'S "ACT OF WAR" DEFENSE TO DENY PLAINTIFF'S CLAIM: Whether CERCLA provides a cause of action for the clean-up costs of World Trade Center dust is, as the court of appeals characterizes, a "thorny" issue. If that characterization is apt, the applicability of the act-of-war defense could be described as a thicket of thorns. My holding as to the act-of-war defense should be read narrowly, fitting the facts of this case only. It should not be a precedent for cognate laws of insurance, for terrorist acts forming the basis of claims for monetary damages, and other such claims, or even for claims by other 9/11 plaintiffs that remain pending. I hold, for the reasons expressed in this decision, that the act-of-war defense is another ground of dismissal for the owner and lessees of the World Trade Center, the Ground Defendants, and the Aviation Defendants. (Signed by Judge Alvin K. Hellerstein on 3/20/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(rdz)
March 19, 2013 Filing 1752 COUNTER STATEMENT TO (248 in 1:08-cv-03722-AKH) Rule 56.1 Statement. Document filed by 7 World Trade Company, L.P., 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
March 19, 2013 Filing 1751 MEMORANDUM OF LAW in Opposition re: (246 in 1:08-cv-03722-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7.. Document filed by 7 World Trade Company, L.P., 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
March 14, 2013 Filing 1750 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 3/14/2013 re: The parties request that the Court adjourn the March 21, 2013 status conference until after the parties submit their agreed CMO to the Court, and as further specified in this letter. ENDORSEMENT: Adjourned. The status conference is adjourned to April 17, 2013, 3:00 p.m. (Status Conference set for 4/17/2013 at 03:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/14/2013). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH. (rjm)
March 12, 2013 Filing 1749 REPLY AFFIRMATION of Richard A. Williamson in Support re: (241 in 1:08-cv-03722-AKH, 1728 in 1:21-mc-00101-AKH) MOTION for Partial Summary Judgment.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
March 12, 2013 Filing 1748 REPLY MEMORANDUM OF LAW in Support re: (241 in 1:08-cv-03722-AKH) MOTION for Partial Summary Judgment.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
March 8, 2013 Filing 1747 Letter addressed to Honorable Judges: Hon. Dennis Jacobs, Chief Judge, Hon. Jose A. Cabranes, Circuit Judge, and Hon. Debra Ann Livingston, Circuit Judge from Judge Alvin K. Hellerstein dated 3/8/2013 re: I write to advise you, and the parties, of the status of my rulings on the act-of-war defenses raised by the parties, pursuant to the Mandate issued May 13, 2012. (tro)
March 8, 2013 Filing 1746 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Richard A. Williamson dated 3/5/2013 re: The WTCP Plaintiffs write pursuant to Your Honor's Individual Rule 2E with respect to a dispute concerning the newly-filed "Motion by Aviation Defendants for Summary Judgment on Their Counterclaims for Declaratory Relief As to WTC 7." ENDORSEMENT: Denied. I will address motions as they came to me for dec'n. (Signed by Judge Alvin K. Hellerstein on 3/8/2013) (tro)
March 5, 2013 Filing 1745 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
March 5, 2013 Filing 1744 DECLARATION of Desmond T. Barry, Jr. in Opposition re: (241 in 1:08-cv-03722-AKH, 1728 in 1:21-mc-00101-AKH) MOTION for Partial Summary Judgment.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
March 5, 2013 Filing 1743 COUNTER STATEMENT TO (244 in 1:08-cv-03722-AKH, 1731 in 1:21-mc-00101-AKH) Rule 56.1 Statement,. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
March 5, 2013 Filing 1742 MEMORANDUM OF LAW in Opposition re: (241 in 1:08-cv-03722-AKH, 1728 in 1:21-mc-00101-AKH) MOTION for Partial Summary Judgment.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 27, 2013 Filing 1741 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry Jr. dated 2/26/2013 re: Counsel write on behalf of Aviation Defendants and the World Trade Center Plaintiffs concerning the Court's endorsement of yesterday on my letter dated February 22. 2013 (a copy of which is enclosed) scheduling a hearing for 3:30 p.m. today. As set forth below, the parties believe today's hearing is no longer necessary and respectfully request that it be cancelled. Accordingly, the Aviation Defendants withdraw their request to file the motion papers under seal as set forth in my February 22, 2013 letter and the parties respectfully request that the Court cancel today's hearing. ENDORSEMENT: Since the parties represent that no sealing of confidential documents relevant to the motion will be required, the conference is canceled, and briefing and argument of the motion in open records and in an open courtroom may proceed. (Signed by Judge Alvin K. Hellerstein on 2/26/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(js)
February 26, 2013 Filing 1740 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 26, 2013 Filing 1739 DECLARATION of Desmond T. Barry, Jr. in Support re: (246 in 1:08-cv-03722-AKH, 1736 in 1:21-mc-00101-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 26, 2013 Filing 1738 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 26, 2013 Filing 1737 MEMORANDUM OF LAW in Support re: (246 in 1:08-cv-03722-AKH, 1736 in 1:21-mc-00101-AKH) MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 26, 2013 Filing 1736 MOTION for Summary Judgment By The Aviation Defendants On Their Counterclaims For Declaratory Relief As To WTC 7. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
February 26, 2013 Filing 1735 NOTICE OF APPEARANCE by Jonathan Leonard Marshfield on behalf of CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(Marshfield, Jonathan)
February 25, 2013 Transmission to Sealed Records Clerk. Transmitted re: (245 in 1:08-cv-03722-AKH, 245 in 1:08-cv-03722-AKH) Endorsed Letter, Set Hearings,,,,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(js)
February 25, 2013 Filing 1734 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry Jr. dated 2/22/2013 re: Accordingly, the Aviation Defendants respectfully request that the Court direct the Clerk of the Court to accept the Aviation Defendants' Motion for Summary Judgment on their counterclaims for declaratory relief as to the WTCP Plaintiffs claims arising from the destruction of WTC 7 for filing under seal by endorsing this letter below. ENDORSEMENT: "At a hearing to be held tomorrow, Feb. 26, 2013, at 3:30 p.m., any party who is interested to preserve confidentiality in any paper proposed to be filed shall show cause why perceived prejudice to such party outweighs the public interest in openness of the proceedings. ( Hearing set for 2/26/2013 at 03:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/25/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(js)
February 22, 2013 Filing 1733 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry Jr. dated 2/21/2013 re: Counsel for defendants write, Accordingly, the parties believe that the previously scheduled February 26, 2013 status is no longer necessary and request that it be cancelled. ENDORSEMENT: the status conference is adjourned to March 21, 2013 at 4:00 p.m. A Proposed Case Management Order shall be submitted by March 14, 2013 (Signed by Judge Alvin K. Hellerstein on 2/22/2013) (js)
February 21, 2013 Filing 1732 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry dated 2/20/2013 re: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry dated 2/20/2013 re: The Aviation Defendants need to consider whether to oppose the motion for an order lifting the Court's August 17th, 2010 protective order and respectfully request an extension until March 6, 2013 to file opposition papers if any. ENDORSEMENT: The enlargement is granted. The parties should consider a remedy that would allow the moving parties access to Ex. E, with the protection order otherwise to remain in place., ( Responses due by 3/6/2013) (Signed by Judge Alvin K. Hellerstein on 2/21/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(js)
February 20, 2013 Filing 1731 RULE 56.1 STATEMENT. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
February 20, 2013 Filing 1730 DECLARATION of Richard A. Williamson in Support re: (241 in 1:08-cv-03722-AKH) MOTION for Partial Summary Judgment.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. (Attachments: # 1 Exhibit Williamson Declaration Exhibit 1, # 2 Exhibit Williamson Declaration Exhibit 2, # 3 Exhibit Williamson Declaration Exhibit 3, # 4 Exhibit Williamson Declaration Exhibit 4, # 5 Exhibit Williamson Declaration Exhibit 5, # 6 Exhibit Williamson Declaration Exhibit 6, # 7 Exhibit Williamson Declaration Exhibit 7, # 8 Exhibit Williamson Declaration Exhibit 8, # 9 Exhibit Williamson Declaration Exhibit 9, # 10 Exhibit Williamson Declaration Exhibit 10, # 11 Exhibit Williamson Declaration Exhibit 11, # 12 Exhibit Williamson Declaration Exhibit 12, # 13 Exhibit Williamson Declaration Exhibit 13, # 14 Exhibit Williamson Declaration Exhibit 14, # 15 Exhibit Williamson Declaration Exhibit 15, # 16 Exhibit Williamson Declaration Exhibit 16, # 17 Exhibit Williamson Declaration Exhibit 17, # 18 Exhibit Williamson Declaration Exhibit 18, # 19 Exhibit Williamson Declaration Exhibit 19, # 20 Exhibit Williamson Declaration Exhibit 20, # 21 Exhibit Williamson Declaration Exhibit 21, # 22 Exhibit Williamson Declaration Exhibit 22)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
February 20, 2013 Filing 1729 MEMORANDUM OF LAW in Support re: (241 in 1:08-cv-03722-AKH) MOTION for Partial Summary Judgment.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
February 20, 2013 Filing 1728 MOTION for Partial Summary Judgment. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Responses due by 3/6/2013Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
February 20, 2013 Filing 1727 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Responses due by 3/6/2013 (Attachments: # 1 Affidavit Rule 56.1 Statement, # 2 Affidavit Declaration of Richard A. Williamson, # 3 Exhibit Williamson Declaration Exhibit 1, # 4 Exhibit Williamson Declaration Exhibit 2, # 5 Exhibit Williamson Declaration Exhibit 3, # 6 Exhibit Williamson Declaration Exhibit 4, # 7 Exhibit Williamson Declaration Exhibit 5, # 8 Exhibit Williamson Declaration Exhibit 6, # 9 Exhibit Williamson Declaration Exhibit 7, # 10 Exhibit Williamson Declaration Exhibit 8, # 11 Exhibit Williamson Declaration Exhibit 9, # 12 Exhibit Williamson Declaration Exhibit 10, # 13 Exhibit Williamson Declaration Exhibit 11, # 14 Exhibit Williamson Declaration Exhibit 12, # 15 Exhibit Williamson Declaration Exhibit 13, # 16 Exhibit Williamson Declaration Exhibit 14, # 17 Exhibit Williamson Declaration Exhibit 15, # 18 Exhibit Williamson Declaration Exhibit 16, # 19 Exhibit Williamson Declaration Exhibit 17, # 20 Exhibit Williamson Declaration Exhibit 18, # 21 Exhibit Williamson Declaration Exhibit 19, # 22 Exhibit Williamson Declaration Exhibit 20, # 23 Exhibit Williamson Declaration Exhibit 21, # 24 Exhibit Williamson Declaration Exhibit 22, # 25 Affidavit Memorandum of Law)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Cohen, Jason) Modified on 2/20/2013 (ldi).
February 19, 2013 Opinion or Order Filing 1726 STIPULATION AND ORDER OF DISMISSAL: THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the respective parties hereto that All claims against Continental bearing Docket Nos. 21-MC-101 and 08-CV-3722 be and hereby are dismissed with each party bearing its own costs2.The Claims of Plaintiffs contained in the Complaint against Continental with regard to Flight 11 will be reinstated nunc pro tunc as of the date of this stipulation if, through an appeal or any other determination the November 21, 2012 Decision is reversed, vacated or modified such that Plaintiffs may pursue their claims against United related to Flight 11 or if Plaintiffs' claims against United arising our the hijacking and crash of Flight II are otherwise restored, reinstated Or revived by this or any other court. (Signed by Judge Alvin K. Hellerstein on 2/15/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(js)
February 11, 2013 Opinion or Order Filing 1725 ORDER of USCA (Certified Copy) as to (1312 in 1:21-mc-00101-AKH, 99 in 1:08-cv-09146-AKH) Notice of Appeal, filed by Cedar & Washington Associates, LLC. USCA Case Number 10-4197-cv. We construe Cedar & Washington Associates, LLC's motion for an order directing the District Court to render a decision as a petition for a writ of mandamus, which we deny without prejudice to the petition being renewed after 30 days from the date of the order. We also clarify that pursuant to our May 23, 2012 summary order in this case, any party to this appeal may restore jurisdiction to this Court by letter to the Clerks Office, regardless of whether the District Court has rendered a decision on CERCLA's act of war exception, but we instruct the parties to allow 30 days from the date of this order for the District Court to render a decision. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 02/11/2013. Certified: 02/11/2013. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
February 7, 2013 Set/Reset Trial Management Order Deadlines: Bench Trial set for 7/15/2013 at 10:00 AM before Judge Alvin K. Hellerstein. Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(pl)
February 7, 2013 Filing 1724 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 2/7/2013 re: counsel for Defendants writes to request a one week adjournment (from July 8th to July 15th) of the scheduled non-jury correspondence trial in the above-referenced cases due to the unavailability of one of the Aviation Defendants' key witnesses. ENDORSEMENT: Trial is adjourned to July 15. (Signed by Judge Alvin K. Hellerstein on 2/7/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(pl)
February 1, 2013 Opinion or Order Filing 1723 ORDER SUMMARIZING STATUS CONFERENCE: On January 23, 2013, I held a status conference in the above-captioned matter at which I scheduled a liability and damages jury trial of the Cantor Fitzgerald Plaintiffs' claims against American Airlines to begin on January 6, 2014 and directed counsel to submit a joint case management plan regarding remaining discovery, motion practice, pretrial preparations and trial for my consideration. (Signed by Judge Alvin K. Hellerstein on 2/1/2013) (lmb)
February 1, 2013 Opinion or Order Filing 1722 ORDER: On January 23, 2013, I held a status conference at which I scheduled a non-jury correspondence trial to take place in the 08 CIV 3719 (AKH) and 08 CIV 3722 (AKH) dockets, beginning on July 8, 2013. I declined to grant the application of the WTCP Plaintiffs for an all-issues jury trial. WTCP Plaintiffs are allowed to participate together with the Cantor Fitzgerald Plaintiffs in pre-trial discovery in the 04-CV-07318 (AKH) docket, as well as pre-trial SSI issues, through the July 8, 2013 correspondence trial. I will determine whether WTCP can participate further following the July 8, 2013 correspondence trial. I also directed counsel to submit a joint case management plan with respect to the July 8, 2013 correspondence trial, addressing remaining discovery, motion practice, pretrial preparations and trial for my consideration. (Signed by Judge Alvin K. Hellerstein on 2/1/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(lmb)
January 31, 2013 Filing 1721 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00101-AKH et al.(Rodriguez, Somari)
January 31, 2013 Filing 1720 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/23/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/25/2013. Redacted Transcript Deadline set for 3/7/2013. Release of Transcript Restriction set for 5/6/2013.Filed In Associated Cases: 1:21-mc-00101-AKH et al.(Rodriguez, Somari)
January 3, 2013 Opinion or Order Filing 1719 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Ann Taylor, Esq., is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in the above captioned cases in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 1/2/2013) (djc)
December 13, 2012 Opinion or Order Filing 1718 ORDER: 12/17/2012 Status Conference reset for 1/23/2013 at 03:00 PM before Judge Alvin K. Hellerstein, for the Cantor claims and at 3:15 for the Silverstein claims. (Signed by Judge Alvin K. Hellerstein on 12/10/2012) Filed In Associated Cases: 1:21-mc-00101-AKH et al.(cd)
December 10, 2012 Opinion or Order Filing 1717 ORDER: My order of December 5, 2012, Doc. No. 1715, scheduled a status conference for all claims in 21 MC 101 relating to Cantor Fitzgerald & Co. ("the Cantor claims") and companies affiliated with Larry Silverstein ("the Silverstein claims"). The December 17, 2012, conference is hereby adjourned to January 23, 2013, at 3:00 p.m. for the Cantor claims and at 3:15 p.m. for the Silverstein claims. ( Status Conference set for 1/23/2013 at 03:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/10/2012) (ja)
December 5, 2012 Opinion or Order Filing 1716 OPINION AND ORDER DENYING MOTION TO CREDIT INSURANCE RECOVERIES AGAINST POTENTIAL TORT RECOVERIES (CORRECTED OPINION): For the reasons discussed above, Aviation Defendants' motion for summary judgment is denied. The Clerk shall mark the motion (Doc. No. 205) terminated. (Signed by Judge Alvin K. Hellerstein on 12/5/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(pl)
December 5, 2012 Opinion or Order Filing 1715 ORDER: This master calendar collects claims of property damage arising from the terrorist-related aircraft crashes into the World Trade Center on September 11, 2001. There are two sets of claims pending before me, those relating to the destruction of the offices of Cantor Fitzgerald & Co. in the North Tower (Tower One) of the World Trade Center ("the Cantor claims"),' and those relating to the destruction of Towers One, Two, Three, Four, and Seven, of the World Trade Center and the effect of their destruction on long-term leases to those Towers held by companies affiliated with Larry Silverstein ("the Silverstein claims,,).2 All other property-related claims have been dismissed after settlements or after resolution, subject to various pending appeals. Counsel in the Cantor and Silverstein claims shall appear for status conferences with me, in Courtroom 14D, on December 17, 2012, at 4 :00 p.m. for the Cantor claims, and at 4: 15 p.m. for the Silverstein claims. As for the Cantor claims, I propose to discuss the issues that are set forth in this Order. Counsel in all other cases are invited to attend and, to the extent appropriate, to participate. ( Status Conference set for 12/17/2012 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/4/2012) (pl)
December 3, 2012 Opinion or Order Filing 1714 OPINION AND ORDER DENYING MOTION TO CREDIT INSURANCE RECOVERIES AGAINST POTENTIAL TORT RECOVERIES; re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center. filed by American Airlines, Inc., AMR Corporation.For the reasons discussed above, Aviation Defendants' motion for summary judgment is denied. The Clerk shall mark the motion (Doc. No. 205) terminated. (Signed by Judge Alvin K. Hellerstein on 12/3/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(pl)
November 27, 2012 Opinion or Order Filing 1713 ORDER AND OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT:RECOVERABLE TORT DAMAGES MUST EXCEED INSURANCE RECOVERY, AND COMPARISONS PRESENT ISSUES OF FACT TO BE TRIED: denying (92) Motion for Summary Judgment; finding as moot (96) Motion for Summary Judgment; denying (101) Motion for Summary Judgment; denying (104) Motion for Summary Judgment. Based on the above interpretations of the subrogation provisions of both the WilProp Form and CA-R Form, Plaintiffs must establish legally recoverable tort damages exceeding their insurance recovery before they can seek recovery of any Defendant's Settlement Proceeds. Because Plaintiffs have not satisfied this condition, Plaintiffs' motion for summary judgment is denied. However, it remains possible that Plaintiffs will satisfy this condition. Defendants' motions for summary judgment are therefore denied. The Clerk shall mark these motions (Doc. Nos. 92, 101 and 104), as well as the moot motion for summary judgment by the recently-dismissed Defendants (Doc. No. 96), terminated.. (Signed by Judge Alvin K. Hellerstein on 11/27/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(cd) Modified on 11/29/2012 (cd).
November 21, 2012 Filing 1712 JUDGMENT That for the reasons stated in the Court's Opinion and Order dated November 21, 2012, United's motion for summary judgment is granted, and judgment is entered dismissing Defendants United Continental Holdings, Inc. and United Airlines, Inc. from the case with costs to be taxed by the Clerk (RELATES TO 08CV3722). (Signed by Clerk of Court Ruby Krajick on 11/21/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(ml)
November 21, 2012 Opinion or Order Filing 1711 ORDER AND OPINION GRANTING UNITED'S MOTION FOR SUMMARY JUDGMENT THAT IT HAD NO DUTY FOR FLIGHT 11: in case 1:21-mc-00101-AKH; granting (187) Motion to Dismiss in case 1:08-cv-03722-AKH; granting (159) Motion to Dismiss in case 1:21-mc-00101-AKH.CONCLUSION: For the reasons discussed above, United's motion for summary judgment is granted. The Clerk shall mark the motion (Doc. No. 187) terminated and enter judgment dismissing Defendants United Continental Holdings, Inc. and United Airlines, Inc. from the case. Costs shall be taxed by the Clerk.SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/21/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(ama)
November 20, 2012 Opinion or Order Filing 1710 STIPULATED ORDER OF PARTIAL DISMISSAL:The parties hereby stipulate that all claims asserted in the above-captioned action against Defendants Great Lakes Reinsurance (UK) PLC and Certain Underwriters at Lloyd's, London Syndicates Numbered 33, 1003, 2003, 1208, 1243, 0376, 506, and 1225 are hereby dismissed with prejudice, with each party to bear its own costs and fees. This Stipulated Order of Partial Dismissal does not have any effect on the remaining Defendants Certain Underwriters at Lloyd's, London Syndicates Numbered 1212, 79, and 2791, QBE Insurance (Europe) Ltd. F/K/A QBE International Insurance Ltd., and Industrial Risk Insurers. Great Lakes Reinsurance (UK) PLC and London Syndicates Numbered 33, 1003, 2003,1208, 1243, 0376, 1225, 1212, 79, 506, 2791 terminated. (Signed by Judge Alvin K. Hellerstein on 11/20/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(lmb)
November 19, 2012 Opinion or Order Filing 1709 ORDER: Cantor will serve its damages expert report(s) on or before January 21, 2013. Defendants American Airlines, Inc. and AMR Corp. will serve their damages expert report(s) on or before March 4, 2013. Expert damages depositions will be completed on or before April 15, 2013. Either party may depose any fact witness not previously deposed that the opposing party hereafter identifies as a witness it intends to call at trial subject to Fed. R. Civ. P. 30. SO ORDERED.( Deposition due by 4/15/2013.) (Signed by Judge Alvin K. Hellerstein on 11/19/2012) (ama)
November 13, 2012 Filing 1708 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00101-AKH et al.(McGuirk, Kelly)
November 13, 2012 Filing 1707 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2012. Redacted Transcript Deadline set for 12/17/2012. Release of Transcript Restriction set for 2/14/2013.Filed In Associated Cases: 1:21-mc-00101-AKH et al.(McGuirk, Kelly)
November 8, 2012 Filing 1706 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 10/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00101-AKH et al.(McGuirk, Kelly)
November 8, 2012 Filing 1705 TRANSCRIPT of Proceedings re: ARGUMENT held on 10/18/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2012. Redacted Transcript Deadline set for 12/13/2012. Release of Transcript Restriction set for 2/11/2013.(McGuirk, Kelly)
October 24, 2012 Filing 1704 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 10/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 24, 2012 Filing 1703 TRANSCRIPT of Proceedings re: argument held on 10/18/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(McGuirk, Kelly)
October 16, 2012 Filing 1702 AFFIDAVIT OF SERVICE of United's Submission Pursuant to Court's October 3, 2012 Order on October 16, 2012. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
October 16, 2012 Filing 1701 NOTICE of United's Submission Pursuant to Court's October 3, 2012 Order re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
October 12, 2012 Opinion or Order Filing 1700 STIPULATION AND ORDER: 1. Cantor will serve its damages expert report(s) on or before November 30, 2012. 2. American will serve its damages expert report(s) on or before January 25, 2013. 3. Expert damages depositions will be completed on or before March 15, 2013. Additional relief as set forth in this Order. ( Deposition due by 3/15/2013.) (Signed by Judge Alvin K. Hellerstein on 10/12/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(pl)
October 11, 2012 Opinion or Order Filing 1699 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 1694 Motion for T. Patrick Byrnes, Esq. to Appear Pro Hac Vice. T. Patrick Byrnes, Esq. is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in these cases in the United States District Court for the Southern District of New York (Signed by Judge Alvin K. Hellerstein on 10/11/2012) (ft)
October 11, 2012 Filing 1698 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 9/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 11, 2012 Filing 1697 TRANSCRIPT of Proceedings re: argument held on 9/27/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.(McGuirk, Kelly)
October 11, 2012 Filing 1696 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: (1648 in 1:21-mc-00101-AKH, 187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
October 3, 2012 Opinion or Order Filing 1695 ORDER: With respect to United's supplemental motion for summary judgment, by October 15, 2012, United and World Trade Center Properties shall each submit to the Court an account of the passage of American Airlines Flight 11 hijackers Mohamed Atta and Abdul Aziz al Omari through Portland International Jetport and Boston Logan International Airport on September 11, 2001, including terminal maps identifying the locations of relevant security checkpoints and departure and arrival gates. (Signed by Judge Alvin K. Hellerstein on 10/3/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(lmb)
October 3, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 1694 MOTION for T. Patrick Byrnes 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)
October 2, 2012 Filing 1694 MOTION for T. Patrick Byrnes to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Globe Airport Security Services, Inc., Globe Aviation Services Corp., Globe Aviation Services Corporation.(Byrnes, T.)
October 1, 2012 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 1693 MOTION for T. Patrick Byrnes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7864793. 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.Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (pgu)
October 1, 2012 Filing 1693 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for T. Patrick Byrnes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7864793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Globe Aviation Services Corp., Globe Aviation Services Corporation.(Byrnes, T.) Modified on 10/1/2012 (pgu).
September 27, 2012 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/27/2012. Oral Argument set for 10/18/2012 at 10:00 AM before Judge Alvin K. Hellerstein. (Landers, Rigoberto)
September 26, 2012 Filing 1692 MEMORANDUM OF LAW in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1691 DECLARATION of Andrew R. Berman in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1690 DECLARATION of Kerry D. Vandell, Ph.D. in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1689 DECLARATION of Sheldon Gottlieb in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit 35, # 2 Exhibit 36)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1688 DECLARATION of Richard A. Williamson in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19 (1 of 2), # 3 Exhibit 19 (2 of 2), # 4 Exhibit 20 (1 of 3), # 5 Exhibit 20 (2 of 3), # 6 Exhibit 20 (3 of 3), # 7 Exhibit 21, # 8 Exhibit 22, # 9 Exhibit 23, # 10 Exhibit 24, # 11 Exhibit 25, # 12 Exhibit 26, # 13 Exhibit 27, # 14 Exhibit 28, # 15 Exhibit 29, # 16 Exhibit 30, # 17 Exhibit 31, # 18 Exhibit 32 (1 of 2), # 19 Exhibit 32 (2 of 2), # 20 Exhibit 33, # 21 Exhibit 34)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1687 DECLARATION of Michael L. Levy in Opposition re: (205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit 1 (1 of 4), # 2 Exhibit 1 (2 of 4), # 3 Exhibit 1 (3 of 4), # 4 Exhibit 1 (4 of 4), # 5 Exhibit 2 (1 of 4), # 6 Exhibit 2 (2 of 4), # 7 Exhibit 2 (3 of 4), # 8 Exhibit 2 (4 of 4), # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit 12 (1 of 2), # 19 Exhibit 12 (2 of 2), # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1686 COUNTER STATEMENT TO (208 in 1:08-cv-03722-AKH) Rule 56.1 Statement. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 26, 2012 Filing 1685 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1684 DECLARATION of Desmond T. Barry, Jr. in Support re: (1678 in 1:21-mc-00101-AKH, 205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit RR, # 2 Exhibit SS, # 3 Exhibit TT, # 4 Exhibit UU, # 5 Exhibit VV (Part 1 of 3), # 6 Exhibit VV (Part 2 of 3), # 7 Exhibit VV (Part 3 of 3), # 8 Exhibit WW, # 9 Exhibit XX)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1683 REPLY MEMORANDUM OF LAW in Support re: (1678 in 1:21-mc-00101-AKH, 205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1682 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1681 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1680 DECLARATION of Desmond T. Barry, Jr. in Support re: (1678 in 1:21-mc-00101-AKH, 205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Part 1 of 2), # 8 Exhibit G (Part 2 of 2), # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N (Part 1 of 3), # 16 Exhibit N (Part 2 of 3), # 17 Exhibit N (Part 3 of 3), # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Exhibit Z, # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Exhibit DD (Part 1 of 11), # 34 Exhibit DD (Part 2 of 11), # 35 Exhibit DD (Part 3 of 11), # 36 Exhibit DD (Part 4 of 11), # 37 Exhibit DD (Part 5 of 11), # 38 Exhibit DD (Part 6 of 11), # 39 Exhibit DD (Part 7 of 11), # 40 Exhibit DD (Part 8 of 11), # 41 Exhibit DD (Part 9 of 11), # 42 Exhibit DD (Part 10 of 11), # 43 Exhibit DD (Part 11 of 11), # 44 Exhibit EE, # 45 Exhibit FF, # 46 Exhibit GG, # 47 Exhibit HH, # 48 Exhibit II, # 49 Exhibit JJ, # 50 Exhibit KK, # 51 Exhibit LL, # 52 Exhibit MM, # 53 Exhibit NN, # 54 Exhibit OO, # 55 Exhibit PP, # 56 Exhibit QQ)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1679 MEMORANDUM OF LAW in Support re: (1678 in 1:21-mc-00101-AKH, 205 in 1:08-cv-03722-AKH) MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 26, 2012 Filing 1678 MOTION for Summary Judgment Dismissing All Claims of Plaintiff 7 World Trade Company, L.P. Relating to 7 World Trade Center. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 25, 2012 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 1677 MOTION for T. Patrick Byrnes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7848322. Motion and supporting papers to be reviewed by Clerk's Office staff.. The attorney filing for Pro Hac Vice needs to be the attorney applying the Motion for Pro Hac Vice. The attorney must file for a ECF login and re-file the Motion for Pro Hac Vice. (pgu)
September 25, 2012 Filing 1677 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for T. Patrick Byrnes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7848322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Globe Aviation Services Corporation.(Connors, James) Modified on 9/25/2012 (pgu).
September 21, 2012 Filing 1676 AFFIDAVIT OF SERVICE of Reply Memorandum in Support of Supplemental Motion by United for Summary Judgment Dismissing All Claims of the WTCP Plaintiffs Relating to 7 WTC and Reply Declaration of Jeffrey J. Ellis in Support of Supplemental Motion by United for Summary Judgment Dismissing All Claims of the WTCP Plaintiffs Relating to 7 WTC on September 21, 2012. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
September 21, 2012 Filing 1675 DECLARATION of Jeffrey J. Ellis in Support re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by UAL Corporation, United Air Lines, Inc., United Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
September 21, 2012 Filing 1674 REPLY MEMORANDUM OF LAW in Support re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by UAL Corporation, United Air Lines, Inc., United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
September 17, 2012 Opinion or Order Filing 1673 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Ann Taylor is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in the above captioned cases in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 9/14/2012) (rjm)
September 11, 2012 Filing 1672 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Richard A. William dated 9/10/2012 re: Counsel respectfully ask Your Honor to put a stop to the Aviation Defendants' efforts to keep the WTCP Plaintiffs from ever having their case heard by a jury. ENDORSEMENT: Motion to fix a date for trial before discovery is completed, denied. (Signed by Judge Alvin K. Hellerstein on 9/11/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jfe)
September 11, 2012 Filing 1671 MEMORANDUM OF LAW in Opposition re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 11, 2012 Filing 1670 DECLARATION of Jason T. Cohen in Opposition re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit Exhibits to be filed on disc.)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 11, 2012 Filing 1669 DECLARATION of Richard A. Williamson in Opposition re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by 7 World Trade Company, L.P.. (Attachments: # 1 Exhibit Exhibits to be filed on disc.)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 11, 2012 Filing 1668 COUNTER STATEMENT TO (190 in 1:08-cv-03722-AKH, 1651 in 1:21-mc-00101-AKH) Rule 56.1 Statement. Document filed by 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 10, 2012 Filing 1667 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 9/10/2012 re: Counsel seeks permission to file exhibits to their opposition to the motion for summary judgment in CD format. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/10/2012) (jfe)
September 7, 2012 Opinion or Order Filing 1665 ORDER ADMITTING ATTORNEY PRO HAC VICE: IT IS HEREBY ORDERED that Ann Taylor, Esq. is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in the above captioned cases in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 9/06/2012) (ama)
September 6, 2012 Filing 1666 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 9/06/2012 re: Specifically, we write to request an evidentiary hearing pursuant to New York's C.P.L.R. § 4545(c) on the remaining issue of correspondence between WTCP's potential tort recoveries and its insurance recoveries. ENDORSEMENT: Denied w/out prejudice to renewal after close of expert's discovery. Future applications should conform to Individual Rule 2e Procedure. (Signed by Judge Alvin K. Hellerstein on 9/06/2012) (ama)
September 6, 2012 Opinion or Order Filing 1664 ORDER SETTING ORAL ARGUMENT: 9/11/2012 Oral Argument reset for 9/27/2012 at 02:30 PM before Judge Alvin K. Hellerstein re defendants' motion for summary judgment. (Signed by Judge Alvin K. Hellerstein on 9/5/2012) (cd)
September 4, 2012 Opinion or Order Filing 1663 OPINION AND ORDER DENYING MOTION TO CREDIT INSURANCE RECOVERIES AGAINST POTENTIAL TORT RECOVERIES #102330: Defendants' motion to credit insurance recoveries against potential tort recoveries is denied. The issue is not suitable for summary disposition on the record presented. The clerk shall terrninate the motions (08 Civ. 3719, Doc. No. 153; 08 Civ. 3722, Doc. No. 169). (Signed by Judge Alvin K. Hellerstein on 8/31/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(ft) Modified on 9/14/2012 (ft).
August 31, 2012 Filing 1662 SEALED DOCUMENT placed in vault.(mps)
August 17, 2012 Set/Reset Deadlines: Deposition due by 2/15/2013. Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(lmb)
August 17, 2012 Opinion or Order Filing 1661 STIPULATION AND ORDER: Cantor will serve its damages expert report(s) on or before October 23, 2012. American will serve its damages expert report(s) on or before December 4, 2012. Rebuttal reports are not necessary. Expert damages depositions will be completed on or before Feb. 15, 2013. The case mgmt. conf. set for 8/21/12 is adjourned to 2/26/13 at 4:00 p.m. Either party may depose any fact witness not previously deposed that the opposing party hereafter identifies as a witness it intends to call at trial subject to Fed. R. Civ. P. 30. The parties shall identify and depose, to the extent possible, by 9/30/12., ( Case Management Conference set for 2/26/2013 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/17/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(lmb)
August 10, 2012 Set/Reset Hearings: Oral Argument set for 9/27/2012 at 02:30 PM before Judge Alvin K. Hellerstein. (pl)
August 10, 2012 Set/Reset Deadlines: Responses due by 9/11/2012 Replies due by 9/27/2012. (pl)
August 10, 2012 Opinion or Order Filing 1660 ORDER SETTING BRIEFING SCHEDULE: WTCP asks that briefing of United's supplemental motion be deferred until I decide the pending motion filed by all the Aviation Defendants. But United is entitled to press defenses unique to it. Accordingly, WTCP's request is denied. Nearly eleven years after September 11, 2001, and after years of massive discovery, it is time to resolve these cases. WTCP shall file its opposition to United's supplemental motion by September 11, 2012. United shall file its reply by September 21, 2012. The parties shall appear for oral argument on September 27, 2012, at 2:30 p.m. (Signed by Judge Alvin K. Hellerstein on 8/9/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(pl)
July 13, 2012 Filing 1659 NOTICE of Submission (Reply Memorandum of Law) in Response to this Court's May 25, 2012 Order re: (104 in 1:08-cv-09146-AKH, 104 in 1:08-cv-09146-AKH, 1628 in 1:21-mc-00101-AKH, 1628 in 1:21-mc-00101-AKH) Order, Set Deadlines/Hearings,, (105 in 1:08-cv-09146-AKH) Scheduling Order,,. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, Silverstein Properties, Inc., Silverstein WTC Management Co. LLC., World Trade Center Properties LLC. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Egan, Thomas)
July 13, 2012 Filing 1658 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support of Motion for Judgment on the Pleadings. Document filed by Westfield Corporation, Inc., Westfield WTC LLC. (Winik, Peter)
July 13, 2012 Filing 1657 SUPPLEMENTAL REPLY MEMORANDUM OF LAW of American Airlines, Inc. and United Air Lines, Inc. in Further Support of Joint Motion to Dismiss the Complaint Under Rule 12(c) Because the September 11 Attacks Were Acts of War. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Barry, Desmond)
July 13, 2012 Filing 1656 AFFIDAVIT OF SERVICE. Document filed by The Port Authority of New York & New Jersey. (Sears, Leah)
July 13, 2012 Filing 1655 NOTICE of The Port Authority's Reply Submission Pursuant to the Mandate of The United States Court of Appeals for The Second Circuit. Document filed by The Port Authority of New York & New Jersey. (Sears, Leah)
July 6, 2012 Filing 1654 DECLARATION of Sari E. Kolatch in Opposition re: (1653 in 1:21-mc-00101-AKH, 122 in 1:08-cv-09146-AKH) Memorandum of Law in Opposition. Document filed by Cedar & Washington Associates, LLC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Kolatch, Sari)
July 6, 2012 Filing 1653 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition To Defendants Submissions On The Act of War Defense. Document filed by Cedar & Washington Associates, LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Kolatch, Sari)
June 29, 2012 Filing 1652 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum in Support of Supplemental Motion by United for Summary Judgment Dismissing All Claims of the WTCP Plaintiffs Relating to 7 WTC, Declaration of Jeffrey J. Ellis in Support of Supplemental Motion by United for Summary Judgment Dismissing All Claims of the WTCP Plaintiffs Relating to 7 WTC and United's Statement of Undisputed Facts Pursuant to Local Rule 56.1 on June 29, 2012. Service was made by ECF System and electronic mail. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
June 29, 2012 Filing 1651 RULE 56.1 STATEMENT. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
June 29, 2012 Filing 1650 DECLARATION of Jeffrey J. Ellis in Support re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United.. Document filed by UAL Corporation, United Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
June 29, 2012 Filing 1649 MEMORANDUM OF LAW in Support re: (187 in 1:08-cv-03722-AKH) MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United. . Document filed by UAL Corporation, United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
June 29, 2012 Filing 1648 MOTION to Dismiss all claims of the World Trade Center Plaintiffs relating to Building 7 of the World Trade Center against United. Document filed by UAL Corporation, United Air Lines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Bayley, Anoushka)
June 29, 2012 Filing 1647 SEALED DOCUMENT placed in vault.(nm)
June 27, 2012 Filing 1646 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 6/27/2012 re: The Aviation Defendants and 7 World Trade Co. respectfully request that the Court direct the Clerk of the Court to accept all motion papers filed in conjunction with the Aviation Defendants' motion for summary judgment dismissing 7 World Trade Co.'s claim for WTC 7 for filing under seal by endorsing this letter as set forth below. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/27/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(lmb)
June 22, 2012 Filing 1645 DECLARATION of Desmond T. Barry, Jr. in Support. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Barry, Desmond)
June 22, 2012 Filing 1644 SUPPLEMENTAL MEMORANDUM OF LAW in Support of American Airlines, Inc. and United Air Lines, Inc. in Further Support of Joint Defense Motion to Dismiss the Complaint Under Rule 12(c) Because The September 11 Attacks Were Acts of War. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(Barry, Desmond)
June 22, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Desmond T. Barry, Jr. to RE-FILE Document 1643 Notice (Other), Notice (Other). Use the event type Memorandum of Law in opposition(non-motion) found under the event list Other Answers. (ka)
June 22, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Desmond T. Barry, Jr. to RE-FILE Document 1641 Notice (Other), Notice (Other), Notice (Other). Use the event type Declaration in Support(non-motion) found under the event list Other Answers. (ka)
June 22, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Desmond T. Barry, Jr. to RE-FILE Document 1640 Notice (Other), Notice (Other). Use the event type Memorandum of Law in Support(non-motion) found under the event list Other Answers. (ka)
June 21, 2012 Filing 1643 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Submission (Memorandum of Law) in Response to this Court's May 25, 2012 Order re: 1628 Order,, Set Deadlines/Hearings,. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, Silverstein Properties, Inc.. (Egan, Thomas) Modified on 6/22/2012 (ka).
June 21, 2012 Filing 1642 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 1043 MOTION for Judgment. --Westfield Defendants' Supplemental Memorandum of Law in Support of its Motion for Judgment on the Pleadings. Document filed by Westfield WTC LLC, Westfield Corporation, Inc.. (Winik, Peter)
June 21, 2012 Filing 1641 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Declaration of Desmond T. Barry, Jr. in Support of Memorandum of Law of American Airlines, Inc. and United Airlines, Inc. in Further Support of Joint Defense Motion to Dismiss the Complaint Under Rule 12(c) Because the September 11 Attacks Were Acts of War. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Barry, Desmond) Modified on 6/22/2012 (ka).
June 21, 2012 Filing 1640 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Supplemental Memorandum of Law of American Airlines, Inc. and United Airlines, Inc. in Further Support of Joint Motion to Dismiss the Complaint Under Rule 12(c) Because the September 11 Attacks were Acts of War. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)(Barry, Desmond) Modified on 6/22/2012 (ka).
June 21, 2012 Filing 1639 DECLARATION of CHRISTOPHER WALSH, ESQ. in Support re: 1047 MOTION to Dismiss Notice of Motion in Support of Joint Defense Motion to Dismiss the Complaint under Rule 12 (c).. Document filed by HMH WTC, Inc., Host Hotel & Resorts, Inc.. (Walsh, Christopher)
June 21, 2012 Filing 1638 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 1047 MOTION to Dismiss Notice of Motion in Support of Joint Defense Motion to Dismiss the Complaint under Rule 12 (c).. Document filed by Host Hotel & Resorts, Inc., HMH WTC, Inc.. (Walsh, Christopher)
June 20, 2012 Filing 1637 AFFIDAVIT OF SERVICE of Second Amended Answer and Counterclaim of Defendants United Continental Holdings, Inc. (f/k/a UAL Corporation) and United Air Lines, Inc. to Cedar & Washington Associates, LLC's Complaint on June 20, 2012. Service was made by Email. Document filed by UAL Corporation, United Air Lines, Inc.. (Ellis, Jeffrey)
June 20, 2012 Filing 1636 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against Cedar & Washington Associates, LLC.. Document filed by UAL Corporation, United Air Lines, Inc.. (Ellis, Jeffrey)
June 20, 2012 Filing 1635 NOTICE of The Port Authority's Submission Pursuant to the Mandate of The United States Court of Appeals for the Second Circuit. Document filed by The Port Authority of New York & New Jersey. (Sears, Leah)
June 20, 2012 CASHIERS OFFICE REMARK on 1631 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/11/2012, Receipt Number 1040634. (jd)
June 20, 2012 Filing 1634 NOTICE of Submission of Consolidated Edison Company of New York, Inc., on the Applicability of the "Act of War" Defense Under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9607(B)(2) re: 1628 Order,, Set Deadlines/Hearings,. Document filed by Consolidated Edison Company of New York, Inc.. (Rysavy, Charles)
June 14, 2012 Opinion or Order Filing 1633 ORDER FOR ADMISSION PRO HAC VICE granting (1631) Motion for Leah Ward Sears to Appear Pro Hac Vice in case 1:21-mc-00101-AKH; granting Motion for Leah Ward Sears to Appear Pro Hac Vice in case 1:08-cv-09146-AKH. (Signed by Judge Alvin K. Hellerstein on 6/14/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(lmb)
June 13, 2012 Filing 1632 STIPULATION OF DISMISSAL WITH PREJUDICE, AT TO DEFENDANT, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY: all claims against the Defendant, The Port Authority of New York and New Jersey, are hereby dismissed with prejudice, and without costs or attorneys' fees, pursuant to Federal Rule of Civil Procedure 41 (a)(I)(A)(ii). (Signed by Judge Alvin K. Hellerstein on 6/13/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(cd)
June 12, 2012 Filing 1630 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 6/06/2012 re: Based on the foregoing, American and Cantor respectfully request that the June 20 status conference be adjourned, at the convenience of the Court, to sometime after the completion of fact discovery on August 10. ENDORSEMENT: The Status Conference is adjourned to August 21, 2012 at 4:00 p.m., ( Status Conference set for 8/21/2012 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/12/2012) (ama)
June 11, 2012 Filing 1631 MOTION for Leah Ward Sears to Appear Pro Hac Vice. Document filed by The Port Authority of New York & New Jersey.(bwa)
June 11, 2012 Filing 1629 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Desmond T. Barry dated 6/6/2012 re: Based on the foregoing, American and Cantor respectfully request that the June 20 status conference be adjourned, at the convenience of the Court, to sometime after the completion of fact discovery on August 10. ENDORSEMENT: The conference is adjourned to August 14, 2012 at 2:30 p.m. Courtroom 14D. So Ordered. ( Status Conference set for 8/14/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/8/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(js)
May 25, 2012 ***DELETED DOCUMENT. Deleted document number 1629 Order Setting Briefing Schedule. The document was incorrectly filed in this case. (jar)
May 25, 2012 Opinion or Order Filing 1628 ORDER SETTING BRIEFING SCHEDULE AND ARGUMENT: I wilL entertain the parties' submissions pursuant to the Court of Appeals' mandate according to the following schedule: Defendants' submission, by June 20, 2012. Plaintiffs submission, by July 6, 2012. Defendants' reply, by July 13,2012. Oral Argument set for 7/23/2012 at 02:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 5/25/2012) (jar)
May 23, 2012 Transmission of USCA Mandate/Order to the District Judge re: (103 in 1:08-cv-09146-AKH, 1627 in 1:21-mc-00101-AKH) USCA Mandate,. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
May 23, 2012 Filing 1627 MANDATE of USCA (Certified Copy) as to (1312 in 1:21-mc-00101-AKH, 99 in 1:08-cv-09146-AKH) Notice of Appeal, filed by Cedar & Washington Associates, LLC. USCA Case Number 10-4197-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/23/2012. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
May 22, 2012 Filing 1626 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. and John F. Stoviak dated 5/18/2012 re: Counsel writes pursuant to the Court's Individual Rule 2(E) to seek your assistance in resolving a dispute between American Airlines, In.c and AMR Corporation and Cantor Fitzegerald, L.P. and its affiliates. ENDORSEMENT: Cantor's objections are denied. The parties shall agree to a fair sampling of identities to be disclosed, sufficient in American's view to allow a fair sampling to test Cantor's theory, at least initially. Interviews, to the extent witnesses consent, may be conducted by American's counsel, without advising, or the attendance of, Cantor's counsel. See Niesig v. Team I, 76 N.Y. 2d 363 (1990). (Signed by Judge Alvin K. Hellerstein on 5/22/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(jfe)
May 22, 2012 Filing 1625 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 5/14/2012 re: Request for adjournment of fact discovery deadline. ENDORSEMENT: So ordered. (Fact Discovery due by 8/10/2012.) (Signed by Judge Alvin K. Hellerstein on 5/22/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(rjm)
May 21, 2012 Filing 1624 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 5/14/2012 re: Based on the foregoing, American and Cantor respectfully request that the June 8, 2012 deadline to complete liability and damages fact discovery be extended by 60 days to August 10, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/18/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(djc)
May 18, 2012 Set/Reset Deadlines: Fact Discovery due by 8/10/2012. Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(djc)
May 17, 2012 Filing 1623 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mark L. Antin and Paul A. Scrudato dated 5/17/2012 re: Request that the time to restore be extended for an additional 14 days, until June 4th. ENDORSEMENT: The time to restore is enlarged to June 14, 2012. (Signed by Judge Alvin K. Hellerstein on 5/17/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(rjm)
May 9, 2012 Opinion or Order Filing 1622 ORDER SETTING ORAL ARGUMENT: Oral argument in the above-captioned matters, regarding the Aviation Defendants' Renewed Motion for Collateral Setoff, will be held on June 5, 2012 at 2:30 p.m. in Courtroom 14D., ( Oral Argument set for 6/5/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/8/2012) (lmb)
April 25, 2012 Opinion or Order Filing 1621 ORDER: It is hereby Ordered that Timothy W. Callahan, II is admitted to practice pro hac vice. in case 1:04-cv-07318-AKH; granting (1620) Motion for Timothy W. Callahan, II to Appear Pro Hac Vice in case 1:21-mc-00101-AKH. (Signed by Judge Alvin K. Hellerstein on 4/25/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(jfe)
April 24, 2012 CASHIERS OFFICE REMARK on 1620 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 04/18/2012, Receipt Number 1035925. (jd)
April 23, 2012 Filing 1619 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mark L. Antin and Paul A. Scrudato dated 4/20/12 re: Counsel writes to advise that this case has been settled subject only to the signatures of all parties. ENDORSEMENT: A suggestion of settlement having been made, this case is dismissed, subject to restoration by either party within 30 days on notice. All pending court dates are cancelled. The Clerk is directed to close the case. (Signed by Judge Alvin K. Hellerstein on 4/20/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
April 19, 2012 Filing 1620 MOTION for Timothy W. Callahan, II to Appear Pro Hac Vice. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(bwa)
April 19, 2012 CASHIERS OFFICE REMARK on 1617 Motion to Appear Pro Hac Vice, in the amount of $200.00, paid on 04/02/2012, Receipt Number 1034209. (jd)
April 18, 2012 Opinion or Order Filing 1618 ORDER: in case 1:04-cv-07318-AKH; granting (1617) Motion for Patrick M. Hromisin to Appear Pro Hac Vice in case 1:21-mc-00101-AKH. That upon the motion of Saul Ewing LLP, attorneys for Plaintiffs Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., that Patrick M. Hromisin, Esq. is admitted to practice pro hac vice as counsel for Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 4/17/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(pl) Modified on 4/19/2012 (pl).
April 4, 2012 Filing 1616 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 4/3/2012 re: Counsel writes in response to Mr. Stoviak's letter to inform the Court that Cantors DDF does not sufficiently describe Cantor's methodology for calculating how its alleged damages are attributable to the property damage it sustained on September 11, 2001. ENDORSEMENT: Cantor's obligation is to file its amended claim for damages, showing compliance with the Court's opinion and order of Jan. 19, 2011. It does not have to file proofs, not to expert's report. (Signed by Judge Alvin K. Hellerstein on 4/4/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ft)
April 4, 2012 Opinion or Order Filing 1615 ORDER: Patrick M. Hromisin. Esq. is admitted to practice pro hac vice as counsel for Plaintiffs Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald, L.P., Cantor Index Limited, C02e.com, LLC, eSpeed Government Securities, Inc., eSpeed, Inc., eSpeed Securities, Inc., and TradeSpark, L.P in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 4/4/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ft)
April 3, 2012 Filing 1614 NOTICE of Suggestion of Bankruptcy. Document filed by Colgan Air Inc.. (Attachments: # 1 Certification of Service)(Moryan, Jeffrey)
April 2, 2012 Filing 1617 MOTION for Patrick M. Hromisin to Appear Pro Hac Vice. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(bwa)
March 29, 2012 Filing 1613 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/6/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 29, 2012 Filing 1612 TRANSCRIPT of Proceedings re: Conference held on 3/6/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.(McGuirk, Kelly)
March 28, 2012 Opinion or Order Filing 1611 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Ann Taylor is admitted to practice por hac vice as counsel for Globe Aviation Services Corporation. (Signed by Judge Alvin K. Hellerstein on 3/28/2012) (jfe)
March 20, 2012 Opinion or Order Filing 1610 ORDER: You are hereby notified that you are required to appear for an oral argument. Date: 4/19/12 Time: 2:30 p.m. Place: U.S. Courthouse - Southern District of New York 500 Pearl Street Courtroom 14D New York, New York 10007., ( Oral Argument set for 4/19/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/19/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(lmb)
March 14, 2012 Filing 1609 STATEMENT OF DAMAGES. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Proof of Service)(Beidel, Jennifer)
March 13, 2012 Filing 1608 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 3/9/2012 re: Counsel for the plaintiffs request that the Court grant Cantor's application to file this confidential exhibit under seal. ENDORSEMENT: Denied, with leave to re-apply showing that the exhibit, and all parts thereof, are "narrowly tailored" and that "higher values" than suppression are affected. AKH Individual Rules 4A. (Signed by Judge Alvin K. Hellerstein on 3/12/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(ft)
March 12, 2012 Filing 1607 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/6/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 12, 2012 Filing 1606 TRANSCRIPT of Proceedings re: Conference held on 3/6/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/14/2012.(McGuirk, Kelly)
March 7, 2012 Opinion or Order Filing 1605 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that Ann Taylor, Esq. is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in the above captioned cases in the United States District Court for the Southern District of New York. (Signed by Judge Alvin K. Hellerstein on 3/7/2012) (pl)
March 5, 2012 Opinion or Order Filing 1604 OMNIBUS ORDER: It is hereby ORDERED, that OCME is permitted to remove and examine WTC material contained in and on any and all WTC Artifacts for which OCME deems removal and examination of WTC material appropriate, including but not limited to those WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, those currently contained in the collection of the NS11MM or donated to or procured by the NS11MM in the future, and those in the possession of other museums, and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public, and it is further ORDERED, that any recipient of WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, the NS11MM, and other museums and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public ("Recipient Organization"), may conduct cleaning of said Artifacts so that they are free from WTC material, and it is further ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of any remaining WTC Artifacts currently located at John F. Kennedy International Airport, Hangar 17 to any requesting Recipient Organization, and it is further ORDERED, that the Recipient Organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the Recipient Organization and the Port Authority. (Signed by Judge Alvin K. Hellerstein on 3/5/2012) (lmb)
March 5, 2012 Filing 1603 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/1/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 5, 2012 Filing 1602 TRANSCRIPT of Proceedings re: Conference held on 8/1/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2012. Redacted Transcript Deadline set for 4/9/2012. Release of Transcript Restriction set for 6/7/2012.(McGuirk, Kelly)
February 22, 2012 Filing 1601 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 1/31/2012 re: Counsel for the Cantor Fitzgerald Plaintiffs requests that the Court permit Cantor to continue to pursue its claims in this litigation and schedule a status conference to establish a pre-trial and trial schedule. ENDORSEMENT: Counsel for all parties shall attend a conference on March 2, 2012, 10:30 a.m. (Status Conference set for 3/2/2012 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/21/2012) (ft)
February 15, 2012 Filing 1600 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Franklin M. Sachs dated 2/14/12 re: Counsel for Con Edison writes to request an additional 30 days to file the opposition to Port Authority's Motion for summary judgment. ENDORSEMENT: Time to file opposition is extended until March 15, 2012. Set Deadlines/Hearing as to (1582 in 1:21-mc-00101-AKH) MOTION for Summary Judgment :( Responses due by 3/15/2012) (Signed by Judge Alvin K. Hellerstein on 2/15/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
February 7, 2012 Filing 1599 TRANSCRIPT of Proceedings re: Motions proceeding held on 8/9/2006 before Judge Alvin K. Hellerstein. (tro)
January 18, 2012 Filing 1598 NOTICE OF WITHDRAWAL. Please take notice that Daniel J. Dachner hereby withdraws his appearance as counsel for Defendants Great Lakes Reinsurance (UK) PLC and Certain London Underwriters at Lloyd's (Syndicates 33, 1003, 2003, 1208, 1243, 0376 and 1225) (collectively, the "London Underwriters") in the above-captioned matter. Counsel will no longer be employed by Ropes & Gray LLP after January 6, 2012. The London Underwriters will continue to be represented by Kenneth W. Eriekson, Matthew M. Burke and Robert A. Skinner of Ropes & Gray LLP. No prejudice or delay will result from counsel's withdrawal. (Signed by Judge Alvin K. Hellerstein on 1/17/2012) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(rjm)
January 9, 2012 Filing 1597 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Franklin M. Sachs dated 1/5/2012 re: Port Authority has consented to an extension of time for the filing of our opposition brief until February 14. I have consented to an extension of the time for them to file their reply brief until March 6. If these arrangements between the parties are satisfactory to the Court, I would appreciate the Court so ordering the new briefing schedule. ENDORSEMENT: So ordered.( Responses due by 2/14/2012., Replies due by 3/6/2012.) (Signed by Judge Alvin K. Hellerstein on 1/9/2012) (lmb)
January 9, 2012 Filing 1596 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Franklin M. Sachs dated 1/5/2012 re: Port Authority has consented to an extension of time for filing of our opposition brief until February 14. I have consented to an extension of time for them to file their reply brief until March 6. If these arrangements between the parties are satisfactory to the Court, I would appreciate the Court so ordering the new briefing schedule. ENDORSEMENT: So ordered. ( Responses due by 2/14/2012., Replies due by 3/6/2012.) (Signed by Judge Alvin K. Hellerstein on 1/9/2012) (lmb)
December 30, 2011 Filing 1595 SUBSTITUTION OF ATTORNEY: IT IS HEREBY STIPULATED AND AGREED that Peter B. Van Deventer, Jr., be substituted as attorney of record for the defendant Continental Airlines, Inc., in the above matter instead of Benjamin C. Curcio.(Signed by Judge Alvin K. Hellerstein on 12/29/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(djc)
December 29, 2011 Filing 1594 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 12/29/11 re: Counsel for the Aviation Defendants' Liaison Counsel writes to request the Court's authorization and approval for the Rule 30(b)(6) deposition of 7 World Trade Company, L.P., by Michael Levy, to go forward as scheduled on 1/5/12. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/29/2011) (mro)
December 15, 2011 Filing 1593 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
December 15, 2011 Filing 1592 DECLARATION of Desmond T. Barry, Jr. in Support re: (1569 in 1:21-mc-00101-AKH, 169 in 1:08-cv-03722-AKH, 153 in 1:08-cv-03719-AKH) MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit WW)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
December 15, 2011 Filing 1591 REPLY MEMORANDUM OF LAW in Support re: (1569 in 1:21-mc-00101-AKH, 169 in 1:08-cv-03722-AKH, 153 in 1:08-cv-03719-AKH) MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
December 8, 2011 Filing 1590 EXHIBITS VOLUME 4 (EXHIBITS 37-64) TO THE DECLARATION OF DONALD A. KLEIN IN SUPPORT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MOTION FOR SUMMARY JUDGMENT. Document filed by Port Authority of New York & New Jersey. ***Accepted for filing by the Honorable Alvin K. Hellerstein on 12/7/2011, document #277.Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
December 8, 2011 Filing 1589 EXHIBITS VOLUME 3 (EXHIBITS 33-36) TO THE DECLARATION OF DONALD A. KLEIN IN SUPPORT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MOTION FOR SUMMARY JUDGMENT. Document filed by Port Authority of New York & New Jersey. ***Accepted for filing by the Honorable Alvin K. Hellerstein on 12/7/2011, document #277.Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
December 8, 2011 Filing 1588 EXHIBITS VOLUME 2 (EXHIBITS 26-30) TO THE DECLARATION OF DONALD A. KLEIN IN SUPPORT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MOTION FOR SUMMARY JUDGMENT. Document filed by Port Authority of New York & New Jersey. ***Accepted for filing by the Honorable Alvin K. Hellerstein on 12/7/2011, document #277.Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
December 8, 2011 Filing 1587 EXHIBITS VOLUME 1 (EXHIBITS 1-25) TO THE DECLARATION OF DONALD A. KLEIN IN SUPPORT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MOTION FOR SUMMARY JUDGMENT. Document filed by Port Authority of New York & New Jersey. ***Accepted for filing by the Honorable Alvin K. Hellerstein on 12/7/2011, document #277.Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH(mro)
December 8, 2011 Filing 1586 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Scrudato dated 12/5/2011 re: Counsel for the Defendant Port Authority writes to request permission to file the exhibits for their motion for summary judgment in hard copy format. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/7/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH (ab)
December 7, 2011 Filing 1585 RULE 56.1 STATEMENT. Document filed by The Port Authority of New York & New Jersey. (Scrudato, Paul)
December 7, 2011 Filing 1584 DECLARATION of Donald A. Klein in Support re: 1582 MOTION for Summary Judgment.. Document filed by The Port Authority of New York & New Jersey. (Attachments: # 1 Exhibit Exhibits 1-64 exceed the permissible size limitations for electronic filing. Hard copies are being provided to the Court and Plaintiff's Counsel)(Scrudato, Paul)
December 7, 2011 Filing 1583 MEMORANDUM OF LAW in Support re: 1582 MOTION for Summary Judgment. Memorandum of Law in Support of The Port Authority of New York and New Jersey's Motion for Summary Judgment. Document filed by The Port Authority of New York & New Jersey. (Scrudato, Paul)
December 7, 2011 Filing 1582 MOTION for Summary Judgment. Document filed by The Port Authority of New York & New Jersey.(Scrudato, Paul)
December 5, 2011 Filing 1581 COUNTER STATEMENT TO 1572 Rule 56.1 Statement. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, World Trade Center Properties LLC. (Cohen, Jason)
December 5, 2011 Filing 1580 DECLARATION of Richard A. Williamson in Opposition re: 1569 MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, World Trade Center Properties LLC. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(Cohen, Jason)
December 5, 2011 Filing 1579 DECLARATION of Michael L. Levy in Opposition re: 1569 MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, World Trade Center Properties LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cohen, Jason)
December 5, 2011 Filing 1578 MEMORANDUM OF LAW in Opposition re: 1569 MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, World Trade Center Properties LLC. (Cohen, Jason)
November 30, 2011 Filing 1577 NOTICE of Suggestion of Bankruptcy. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 30, 2011 Opinion or Order Filing 1576 ORDER REQUIRING WTCP PLAINTIFFS TO COMPLY WITH FILING DEADLINES EXCEPT AS TO DEFENDANT AMR CORPORATION: It has come to my attention that AMR Corporation ("Debtor"), the parent company of American Airlines, has filed for protection of the bankruptcy laws against its creditors. This bankruptcy petition operates as an automatic stay of litigation against the Debtor. There is a motion pending before me involving the so-called Aviation Defendants in 21 MC 101, relating to how to account for insurance recoveries by WTCP Plaintiffs (World Trade Center Properties LLC, 2 World Trade Center LLC, and 4 World Trade Center LLC). The Aviation Defendants have filed their position. The Debtor has represented that it associates itself with that position. WTCP Plaintiffs are required to file their position by December 5, 2011. However, WTCP Plaintiffs take the position that the automatic stay relating to the Debtor excuses them from complying by said date. It is ordered that WTCP Plaintiffs shall file their position against all other parties according to the schedule previously set, or any adjournment that I may grant. My ruling on this motion shall not formally relate to the Debtor. However, if and when the bankruptcy stay is lifted in relation to the Debtor's position in this litigation, and in anticipation that the Debtor will then represent that its position is identical to that expressed on behalf of all Aviation Defendants, such ruling as I may issue on the present motion can then be extended to the Debtor as well. (Signed by Judge Alvin K. Hellerstein on 11/30/2011) (jfe)
November 30, 2011 Filing 1575 FILING ERROR - DEFICIENT DOCKET ENTRY - (MISSING A PAGE)- NOTICE of Suggestion of Bankruptcy. Document filed by AMR Corporation, American Airlines, Inc., AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond) Modified on 12/1/2011 (lb).
November 16, 2011 Opinion or Order Filing 1574 STIPULATION AND ORDER :7 WTC will complete or acknowledge the completion of its production of documents in response to the Aviation Defendants' Request for Production of Documents to WTC 7 by December 5, 2012. The deposition of the 7 WTC FRCP 30(b)(6) witness shall take place on January 5, 2012.The close of fact discovery on the issue of Plaintiffs' recoverable damages for 7 WTC shall be January 16, 2012. However, the Aviation Defendants may request the production of documents identified at the 7 WTC deposition on or before this date, and Plaintiffs shall respond in accordance with Fed. R. Civ. P. 34(b). Plaintiffs' expert reports shall be served on or before February 6, 2012 Defendants' expert reports shall be served on or before March 19, 2012. Expert depositions shall be completed on or before April 30, 2012. (Signed by Judge Alvin K. Hellerstein on 11/14/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(js)
November 9, 2011 Filing 1573 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1572 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1571 DECLARATION of Desmond T. Barry, Jr. in Support re: (1569 in 1:21-mc-00101-AKH, 169 in 1:08-cv-03722-AKH, 153 in 1:08-cv-03719-AKH) MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1570 MEMORANDUM OF LAW in Support re: (1569 in 1:21-mc-00101-AKH, 169 in 1:08-cv-03722-AKH, 153 in 1:08-cv-03719-AKH) MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1569 MOTION for Summary Judgment Notice of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to N.Y. CPLR 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. Document filed by AMR Corporation, American Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1568 NOTICE of Renewed Motion for Collateral Setoff Against WTCP's Claims Pursuant to C.P.L.R. 4545(c) and for Summary Judgment Dismissing WTCP's Damages Claims. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
November 9, 2011 Filing 1567 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr dated 11/9/2011 re: The Aviation defendants respectfully request the Court's permission to file the exhibits to the Barry declaration with the Clerk of the Court on CD-ROM. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 11/9/2011) (jfe)
November 8, 2011 Filing 1566 MEMO ENDORSEMENT on re: WITHDRAWAL OF APPEARANCE. ENDORSEMENT: Mr. Curlett is discharged as counsel. (Signed by Judge Alvin K. Hellerstein on 11/8/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(jfe)
November 4, 2011 Filing 1565 NOTICE of Withdrawal of Appearance. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
November 3, 2011 Filing 1564 JUDGMENT The Judgment dated September 29, 2011 is vacated and judgment is hereby entered as follows: That, for the reasons stated in the Court's Opinion and Order dated September 23, 2011, summary judgment is granted to 7WTCo., Silverstein Properties, Inc., and Silverstein Developement Corp. (collectively the "7WTCc. Defendants"), and to citigroup Inc., Citigroup Global Markets Holdings, Inc., Salomon Smith Barney Holdings Inc. and Salomon Inc. (collectively the "Citigroup Defendants"), dismissing all remaining claims by plaintiffs against them. As the decision resolves the last claims in Civil Action No. 04 Civ. 7272, the Second Amended Complaint is dismissed, accordingly, judgment is entered for Defendants on all claims by Plaintiffs, the remaining Cross Claims are dismissed without prejudice, and the case is closed. (Signed by Judge Alvin K. Hellerstein on 11/3/11) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(dt)
November 3, 2011 Filing 1563 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Katherine L. Pringle dated 11/2/2011 re: Counsel writes on behalf o fall remaining parties in the 04 Civ, 7272 action. Counsel enclosed a Stipulation of Voluntary Dismissal of Cross Claims, which will provide for the dismissal without prejudice of the remaining cross claims between 7WTCo, and Citigroup. All remaining parties jointly request that the Judgment dated September 29, 2011 be vacated, and that Your Honor enter the amended judgment. ENDORSEMENT: The conference and all matters scheduled in this case is cancelled. (Signed by Judge Alvin K. Hellerstein on 11/3/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(jfe)
November 3, 2011 Filing 1562 STIPULATION OF VOLUNTARY DISMISSAL OF CROSS CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(2): It is hereby stipulated pursuant to Federal Rule of Civil Procedure 41(a)(2) to the voluntary dismissal without prejudice of all remaining cross claims asserted in this action by the 7WTCo. Defendants and the Citigroup Defendants against each other. (Signed by Judge Alvin K. Hellerstein on 11/3/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(jfe)
November 3, 2011 Filing 1561 STIPULATION OF VOLUNTARY DISMISSAL OF CROSS CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(2): It is hereby stipulated and agreed by and between the parties and/or their respective counsel that the above-captioned action is voluntarily dismissed, without prejudice against all remaining cross claims asserted in this action by the 7WTCo. Defendants and the Citigroup Defendants against each other, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. (Signed by Judge Alvin K. Hellerstein on 11/3/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH (ab)
October 19, 2011 Opinion or Order Filing 1560 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that Ann Taylor, Esq. is admitted to practice pro hac vice as counsel for Globe Aviation Services Corporation in the above captioned cases in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 10/17/2011) (pl)
October 18, 2011 Filing 1559 NOTICE OF APPEARANCE by Kenneth George Schwarz on behalf of Tishman Construction Corporation Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH, 1:04-cv-07272-AKH(Schwarz, Kenneth)
October 7, 2011 Filing 1558 MEMORANDUM OF LAW in Support re: (470 in 1:04-cv-07272-AKH) MOTION to Alter Judgment.. Document filed by 7 World Trade Company, L.P., Silverstein Development Corp., Silverstein Properties, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(Pringle, Katherine)
October 7, 2011 Filing 1557 MOTION to Alter Judgment. Document filed by 7 World Trade Company, L.P., Silverstein Development Corp., Silverstein Properties, Inc.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(Pringle, Katherine)
September 29, 2011 Filing 1556 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 23, 2011, summary judgment is granted to 7WTCo. and Citigroup dismissing all remaining claims against them; as this decision resolves the last claims in Civil Action No. 04 Civ. 7272, the Second Amended Complaint is dismissed; accordingly, judgment is entered for Defendants and the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/11) (Attachments: # 1 notice of right to appeal)(ml)
September 23, 2011 Transmission to Judgments and Orders Clerk. Transmitted re: (1555 in 1:21-mc-00101-AKH, 468 in 1:04-cv-07272-AKH) Memorandum & Opinion to the Judgments and Orders Clerk. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(ft)
September 23, 2011 Opinion or Order Filing 1555 ORDER AND OPINION GRANTING MOTIONS FOR SUMMARY JUDGMENT BY DEFENDANTS 7 WORLD TRADE COMPANY AND CITIGROUP: For the foregoing reasons, summary judgment is granted to 7WTCo. and Citigroup dismissing all remaining claims against them. As this decision resolves the last claims in Civil Action No. 04 Civ. 7272, the Second Amended Complaint is dismissed. The Clerk of Court shall terminate the motions (Doc. Nos. 388 and 392), and shall also terminate Con Edison's outstanding motion to stay (Doc. No. 400). The Clerk shall enter judgment for Defendants and close the case. (Signed by Judge Alvin K. Hellerstein on 9/23/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(ft)
September 19, 2011 Filing 1554 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, WITH prejudice against the defendant(s) AMR Corporation, American Airlines, Inc., Boeing Company, Burns International Security Services Corp., Burns International Services Corp., Colgan Air Inc., Delta Air Lines, Inc., Emery Roth & Partners L.L.C., Emery Roth & Sons, P.C., Globe Airport Security Services, Inc., Globe Aviation Services Corporation, Huntleigh Corporation, Huntleigh USA Corporation, ICTS International NV, Leslie E. Robertson Associates, Massachusetts Port Authority, Minoru Yamasaki Associates, Inc., Pinkerton's Inc., Securitas AB, Silverstein Properties, Inc., Skilling Ward Magnusson Barkshire Inc., The Port Authority of New York & New Jersey, Tishman Construction Corporation, UAL Corporation, US Airways Inc., United Air Lines, Inc., AMR Corporation, Air France, Air Jamaica, Air Transport Association, Airports Council International - North America, Airtran Airways Inc., Alaska Airlines, Inc., America West Airlines, Inc., American Trans Air, Inc., Burns International Security Services Corporation, Cape Air, City of Portland, Maine, Colgan Air, Inc., Continental Airlines, Inc., Delta Airlines, Delta Express, Inc., Globe Aviation Services, Heimann Systems Corp., Huntleigh USA Corporation, ICTS International NV, Invision Technologies, Inc., L-3 Communications Corporation, L-3 Communications Corporation Security and Detection Systems, L-3 Communications Holdings, Inc., Massachusetts Port Authority, MidWest Express Airlines, Inc., Midway Airlines Corporation, Northwest Airlines Corporation, Pinkerton's Inc., Quantum Magnetics, Inc., Securitas AB, Swiss, The Boeing Company, U.S. Airways, Inc., UAL Corporation, United Airlines, Inc. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mary Bavis.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
September 16, 2011 Filing 1553 CERTIFICATE OF SERVICE of Memorandum in Opposition to Defendants' Motion for Summary Judgment, Rule 56.1 Statement and Declaration of Vincent I. Parrett served on All Parties on 9/16/2011. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
September 16, 2011 Filing 1552 DECLARATION of Vincent Ian Parrett in Opposition re: (1538 in 1:21-mc-00101-AKH, 222 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exbihit 3, # 4 Exhibit Exbihit 4, # 5 Exhibit Exbihit 5 (Part 1), # 6 Exhibit Exbihit 5 (Part 2), # 7 Exhibit Exbihit 6 (Part 1), # 8 Exhibit Exbihit 6 (Part 2), # 9 Exhibit Exbihit 7, # 10 Exhibit Exbihit 8, # 11 Exhibit Exbihit 9, # 12 Exhibit Exbihit 10, # 13 Exhibit Exbihit 11, # 14 Exhibit Exbihit 12, # 15 Exhibit Exbihit 13, # 16 Exhibit Exbihit 14, # 17 Exhibit Exbihit 15, # 18 Exhibit Exbihit 16, # 19 Exhibit Exbihit 17, # 20 Exhibit Exbihit 18, # 21 Exhibit Exbihit 19, # 22 Exhibit Exbihit 20, # 23 Exhibit Exbihit 21, # 24 Exhibit Exbihit 22, # 25 Exhibit Exbihit 23, # 26 Exhibit Exbihit 24, # 27 Exhibit Exhibit 25, # 28 Exhibit Exbihit 26, # 29 Exhibit Exbihit 27, # 30 Exhibit Exbihit 28, # 31 Exhibit Exbihit 29, # 32 Exhibit Exbihit 30, # 33 Exhibit Exbihit 31, # 34 Exhibit Exbihit 32, # 35 Exhibit Exbihit 33, # 36 Exhibit Exbihit 34, # 37 Exhibit Exbihit 35, # 38 Exhibit Exbihit 36, # 39 Exhibit Exbihit 37, # 40 Exhibit Exbihit 38, # 41 Exhibit Exbihit 39, # 42 Exhibit Exbihit 40, # 43 Exhibit Exbihit 41, # 44 Exhibit Exbihit 42, # 45 Exhibit Exbihit 43, # 46 Exhibit Exbihit 44, # 47 Exhibit Exbihit 45, # 48 Exhibit Exbihit 46, # 49 Exhibit Exbihit 47, # 50 Exhibit Exbihit 48, # 51 Exhibit Exbihit 49, # 52 Exhibit Exbihit 50, # 53 Exhibit Exbihit 51, # 54 Exhibit Exbihit 52, # 55 Exhibit Exbihit 53, # 56 Exhibit Exbihit 54, # 57 Exhibit Exbihit 55, # 58 Exhibit Exbihit 56, # 59 Exhibit Exbihit 57, # 60 Exhibit Exbihit 58, # 61 Exhibit Exbihit 59, # 62 Exhibit Exbihit 60, # 63 Exhibit Exbihit 61, # 64 Exhibit Exbihit 62, # 65 Exhibit Exbihit 63, # 66 Exhibit Exbihit 64, # 67 Exhibit Exbihit 65, # 68 Exhibit Exbihit 66, # 69 Exhibit Exbihit 67, # 70 Exhibit Exbihit 68, # 71 Exhibit Exbihit 69, # 72 Exhibit Exbihit 70, # 73 Exhibit Exbihit 71, # 74 Exhibit Exbihit 72, # 75 Exhibit Exbihit 73, # 76 Exhibit Exbihit 74, # 77 Exhibit Exbihit 75, # 78 Exhibit Exbihit 76, # 79 Exhibit Exbihit 77, # 80 Exhibit Exbihit 78, # 81 Exhibit Exbihit 79, # 82 Exhibit Exbihit 80, # 83 Exhibit Exbihit 81, # 84 Exhibit Exbihit 82, # 85 Exhibit Exbihit 83, # 86 Exhibit Exbihit 84, # 87 Exhibit Exbihit 85, # 88 Exhibit Exbihit 86, # 89 Exhibit Exbihit 87, # 90 Exhibit Exbihit 88, # 91 Exhibit Exbihit 89, # 92 Exhibit Exbihit 90, # 93 Exhibit Exbihit 91, # 94 Exhibit Exbihit 92, # 95 Exhibit Exbihit 93, # 96 Exhibit Exbihit 94, # 97 Exhibit Exbihit 95, # 98 Exhibit Exbihit 96, # 99 Exhibit Exbihit 97, # 100 Exhibit Exbihit 98, # 101 Exhibit Exbihit 99, # 102 Exhibit Exbihit 100, # 103 Exhibit Exbihit 101, # 104 Exhibit Exbihit 102, # 105 Exhibit Exbihit 103, # 106 Exhibit Exbihit 104, # 107 Exhibit Exbihit 105, # 108 Exhibit Exbihit 106, # 109 Exhibit Exbihit 107, # 110 Exhibit Exbihit 108, # 111 Exhibit Exbihit 109, # 112 Exhibit Exbihit 110, # 113 Exhibit Exbihit 111, # 114 Exhibit Exbihit 112, # 115 Exhibit Exbihit 113, # 116 Exhibit Exbihit 114, # 117 Exhibit Exbihit 115, # 118 Exhibit Exbihit 116, # 119 Exhibit Exbihit 117, # 120 Exhibit Exbihit 118, # 121 Exhibit Exbihit 119, # 122 Exhibit Exbihit 120, # 123 Exhibit Exbihit 121, # 124 Exhibit Exbihit 122, # 125 Exhibit Exbihit 123, # 126 Exhibit Exbihit 124, # 127 Exhibit Exbihit 125, # 128 Exhibit Exbihit 126, # 129 Exhibit Exbihit 127)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Parrett, Vincent)
September 16, 2011 Filing 1551 RULE 56.1 STATEMENT. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Parrett, Vincent)
September 16, 2011 Filing 1550 MEMORANDUM OF LAW in Opposition re: (222 in 1:02-cv-07154-AKH, 1538 in 1:21-mc-00101-AKH) MOTION for Summary Judgment. . Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Parrett, Vincent)
September 15, 2011 Filing 1549 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Sarah S. Normand dated 9/12/2011 re: The Government writes to request that the Court accept filing of the consolidated schedules and the Government's objections nunc pro tunc. The parties have consented to this request. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/15/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (ab)
September 15, 2011 Filing 1548 SEALED DOCUMENT placed in vault.(mps)
September 12, 2011 Filing 1547 SEALED DOCUMENT placed in vault.(mps)
September 7, 2011 Opinion or Order Filing 1546 AMENDED SUMMARY ORDER SETTING NEXT CONFERENCE: My recent Order and Opinion set the next conference in this case for September 19, 2011, but indicated that it would begin both at 10:30am and 2:30pm. The conference will begin at 10:30am. The conference shall go forward in Courtroom 14D, and will continue until concluded. (Signed by Judge Alvin K. Hellerstein on 9/7/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (ab)
September 7, 2011 Set/Reset Hearings: Conference set for 9/19/2011 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(rjm)
September 7, 2011 Opinion or Order Filing 1545 ORDER AND OPINION REGULATING BURDENS OF PROOF AND ISSUES FOR JURY INSTRUCTIONS. Presently, the parties are scheduled to submit pretrial materials on September 2, 2011 and September 23, 2011. Those materials will be affected by this Opinion and Order, and the dates are therefore each adjourned two weeks, to September 16, 2011, and October 7, 2011. The parties shall appear for their next conference on September 19, 2011, at 10:30 a.m. The conference shall be held at 2:30 p.m., in Courtroom 14D. The Clerk shall terminate the motions (Doc. Nos. 159 and 162 in No. 02 Civ. 7154). Re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care filed by Mary Bavis, (1454 in 1:21-mc-00101-AKH, 159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc filed by Mary Bavis. (Signed by Judge Alvin K. Hellerstein on 9/7/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (as per Chambers instructions next conference to be held on 9/19/11 at 10:30 a.m. not 2:30 p.m.)(rjm)
August 31, 2011 Filing 1544 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Bruce Leichty dated 8/29/2011 re: Counsel for Ellen Mariani writes to inform the Court that the 8/26 letter of Mr. Capace is highly improper and should be ignored by the federal district court. ENDORSEMENT: Objection over-ruled. There is nothing objectionable if a law clerk assists a counsel regarding a ministerial matter. That is part of his job, and that is all that he did. (Signed by Judge Alvin K. Hellerstein on 8/31/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH (ab)
August 30, 2011 Filing 1543 RULE 56.1 STATEMENT. Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey)
August 26, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jeffrey J. Ellis to RE-FILE Document (1541 in 1:21-mc-00101-AKH, 225 in 1:02-cv-07154-AKH) MOTION for Summary Judgment Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(db)
August 26, 2011 Filing 1542 AFFIDAVIT OF SERVICE of Defendants Notice of Motion for Summary Judgment, Defendants Rule 56.1 Statement, Declaration of Jeffrey J. Ellis, Defendants Memorandum of Law in Support of Motion for Summary Judgment served on All Parties on 8/26/2011. Document filed by Huntleigh USA Corporation, UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey)
August 26, 2011 Filing 1541 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Rule 56.1 Statement. Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey) Modified on 8/29/2011 (db).
August 26, 2011 Filing 1540 MEMORANDUM OF LAW in Support re: (222 in 1:02-cv-07154-AKH, 1538 in 1:21-mc-00101-AKH) MOTION for Summary Judgment. . Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey)
August 26, 2011 Filing 1539 DECLARATION of Jeffrey J. Ellis in Support re: (1538 in 1:21-mc-00101-AKH, 222 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc.. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit B (Part 1), # 4 Exhibit B (Part 2), # 5 Exhibit B (Part 3), # 6 Exhibit B (Part 4), # 7 Exhibit C (Part 1), # 8 Exhibit C (Part 2), # 9 Exhibit C (Part 3), # 10 Exhibit D (Part 1), # 11 Exhibit D (Part) 2, # 12 Exhibit E (Part 1), # 13 Exhibit E (Part 2), # 14 Exhibit E (Part 3), # 15 Exhibit E (Part 4), # 16 Exhibit E (Part 5), # 17 Exhibit E (Part 6), # 18 Exhibit F, # 19 Exhibit G (Part 1), # 20 Exhibit G (Part 2), # 21 Exhibit G (Part 3), # 22 Exhibit H, # 23 Exhibit I (Part 1), # 24 Exhibit I (Part 2), # 25 Exhibit J, # 26 Exhibit K, # 27 Exhibit L, # 28 Exhibit M, # 29 Exhibit N, # 30 Exhibit O, # 31 Exhibit P, # 32 Exhibit Q (Part 1), # 33 Exhibit Q (Part 2), # 34 Exhibit Q (Part 3), # 35 Exhibit R, # 36 Exhibit S, # 37 Exhibit T, # 38 Exhibit U, # 39 Exhibit V, # 40 Exhibit W, # 41 Exhibit X (Part 1), # 42 Exhibit X (Part 2), # 43 Exhibit Y (Part 1), # 44 Exhibit Y (Part 2), # 45 Exhibit Z, # 46 Exhibit AA, # 47 Exhibit BB, # 48 Exhibit CC, # 49 Exhibit DD (Part 1), # 50 Exhibit DD (Part 2), # 51 Exhibit EE, # 52 Exhibit FF, # 53 Exhibit GG, # 54 Exhibit HH (Part 2), # 55 Exhibit HH (Part 2), # 56 Exhibit II, # 57 Exhibit JJ, # 58 Exhibit KK (Part 2), # 59 Exhibit KK (Part 2), # 60 Exhibit LL, # 61 Exhibit MM, # 62 Exhibit NN (Part 1), # 63 Exhibit NN (Part 2), # 64 Exhibit NN (Part 3), # 65 Exhibit OO, # 66 Exhibit PP, # 67 Exhibit QQ, # 68 Exhibit RR, # 69 Exhibit SS, # 70 Exhibit TT, # 71 Exhibit UU, # 72 Exhibit VV, # 73 Exhibit WW)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey)
August 26, 2011 Filing 1538 MOTION for Summary Judgment. Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Ellis, Jeffrey)
August 19, 2011 Filing 1537 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/1/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-mc-00101-AKH et al.(McGuirk, Kelly)
August 19, 2011 Filing 1536 TRANSCRIPT of Proceedings re: Conference held on 8/1/2011 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2011. Redacted Transcript Deadline set for 9/22/2011. Release of Transcript Restriction set for 11/21/2011.Filed In Associated Cases: 1:21-mc-00101-AKH et al.(McGuirk, Kelly)
August 12, 2011 Filing 1535 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Donald A. Migliori dated 8/10/11 re: The parties agree, subject to the Court's approval, to an extended briefing schedule concerning the plaintiff's motion to compel production of the CD-ROM entitled "FAA Transnational Threat to Civil Aviation" (Docket Entry #1521). Pursuant to that agreement, the defendants have until and including Friday, September 16, 2011, to file a response to the plaintiff's motion. ENDORSEMENT: So Ordered. ( Responses due by 9/16/2011) (Signed by Judge Alvin K. Hellerstein on 8/10/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(pl)
August 12, 2011 Filing 1534 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against World Trade Center Properties LLC, 1 World Trade Center LLC, 3 World Trade Center LLC, 7 World Trade Company, L.P.. Document filed by UAL Corporation, United Air Lines, Inc.. (Bayley, Anoushka)
August 12, 2011 Filing 1533 AFFIDAVIT OF SERVICE of Summons and Amended Answer to Complaints, Counterclaim,,. Document filed by UAL Corporation, United Air Lines, Inc.., AFFIDAVIT OF SERVICE of First Amended Answer and Counterclaim of Defendants United Air Lines, Inc. and United Continental Holdings, Inc. (f/k/a UAL Corporation) to the WTCP Flight 11 Plaintiffs' Complaint on August 12, 2011. Document filed by UAL Corporation, United Air Lines, Inc.. (Bayley, Anoushka)
August 12, 2011 Filing 1532 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against 1 World Trade Center LLC, 3 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC. Document filed by UAL Corporation, United Air Lines, Inc.. (Bayley, Anoushka)
August 10, 2011 Filing 1531 ANSWER to 324 Amended Complaint,,,,, with JURY DEMAND., COUNTERCLAIM against All Plaintiffs. Document filed by Huntleigh Corporation, Huntleigh USA Corporation.(Ross, Johnathan)
August 9, 2011 Filing 1530 ANSWER to Complaint. Document filed by Globe Aviation Services Corporation. (Attachments: # 1 Affidavit)(Connors, James)
August 8, 2011 Filing 1529 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against World Trade Center Properties LLC, 1 World Trade Center LLC, 3 World Trade Center LLC, 7 World Trade Company, L.P.. Document filed by Massachusetts Port Authority. (Attachments: # 1 Certificate Of Service)(Wood, Willard)
August 8, 2011 Filing 1528 AMENDED ANSWER to (1 in 1:08-cv-03722-AKH) Complaint,,. Document filed by Boeing Company. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Shultz, Mack)
August 8, 2011 Filing 1527 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against World Trade Center Properties LLC. Document filed by U.S. Airways Group, Inc., US Airways Inc.. (Attachments: # 1 Affidavit)(Guilfoyle, Kathleen)
August 5, 2011 Filing 1526 DECLARATION of Vincent Ian Parrett in Support re: (159 in 1:02-cv-07154-AKH, 1454 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Parrett, Vincent)
August 5, 2011 Filing 1525 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (1454 in 1:21-mc-00101-AKH, 159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc. Plaintiff's Supplemental Memorandum of Law on Burden of Proof and Presumption. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Parrett, Vincent)
August 5, 2011 Filing 1524 BRIEF Addressed to the Inference and the Burden of Proof Issues Raised by the Court at the July 27, 2011 Hearing. Document filed by Huntleigh USA Corporation, UAL Corporation, United Airlines, Inc..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
August 5, 2011 Filing 1523 DECLARATION of Robert T. Haefele in Support re: (1521 in 1:21-mc-00101-AKH, 208 in 1:02-cv-07154-AKH) MOTION to Compel Production of CD-Rom Containing Powerpoint and Audio/Visual Presentation Entitled "FAA Transnational Threat to Civil Aviation".. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (Part 1 of 6), # 6 Exhibit 5 (Part 2 of 6), # 7 Exhibit 5 (Part 3 of 6), # 8 Exhibit 5 (Part 4 of 6), # 9 Exhibit 5 (Part 5 of 6), # 10 Exhibit 5 (Part 6 of 6), # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Haefele, Robert)
August 5, 2011 Filing 1522 MEMORANDUM OF LAW in Support re: (208 in 1:02-cv-07154-AKH, 1521 in 1:21-mc-00101-AKH) MOTION to Compel Production of CD-Rom Containing Powerpoint and Audio/Visual Presentation Entitled "FAA Transnational Threat to Civil Aviation".. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Haefele, Robert)
August 5, 2011 Filing 1521 MOTION to Compel Production of CD-Rom Containing Powerpoint and Audio/Visual Presentation Entitled "FAA Transnational Threat to Civil Aviation". Document filed by Mary Bavis.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Haefele, Robert)
August 5, 2011 Filing 1520 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against World Trade Center Properties LLC. Document filed by Colgan Air Inc.. (Attachments: # 1 Affidavit Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH)(Moryan, Jeffrey)
August 4, 2011 Opinion or Order Filing 1519 ORDER AND OPINION FIXING ATTORNEYS' LIENS: #100629 granting 1504 Motion for Attorney Fees. Fees are awarded consistent with the terms of this Order. The Clerk shall terminate the motion (Doc. No. 1504). (Signed by Judge Alvin K. Hellerstein on 8/4/11) (cd) Modified on 8/9/2011 (jab).
August 4, 2011 Opinion or Order Filing 1518 ORDER: that the Port Authority is permitted to allow the New York City Office of the Chief Medical Examiner (OCME) to remove and examine WTC material contained in and on an FDNY SUV (identified on PANYNJ Artifact Request List as D-011), and to allow the New York State Museum to clean the ambulance prior to its physical transfer from John F. Kennedy International Airport, Hangar 17 to its permanent home at the New York State Museum. (Signed by Judge Alvin K. Hellerstein on 8/3/2011) (tro)
August 3, 2011 Filing 1517 AMENDED ANSWER to (1 in 1:08-cv-03722-AKH) Complaint,,. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
August 1, 2011 Transmission to Judgments and Orders Clerk. Transmitted re: (207 in 1:02-cv- 07154-AKH, 1516 in 1:21-mc-00101-AKH) Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (ab)
August 1, 2011 Opinion or Order Filing 1516 SUMAMRY ORDER granting (1430) Motion for Summary Judgment in case 1:21-mc-00101-AKH; granting (145) Motion for Summary Judgment in case 1:02-cv-07154-AKH: For the reasons provided on the record, the motion is granted, and the Massachusetts Port Authority is dismissed from the case. The dismissal is with prejudice, with costs to be taxed by the Clerk. The Clerk shall terminate the motion (Doc. No. 145). (Signed by Judge Alvin K. Hellerstein on 7/29/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (ab)
July 28, 2011 Opinion or Order Filing 1515 ORDER SETTING SCHEDULE FOR PORT AUTHORITY'S REQUEST TO TRANSFER ARTIFACT TO THE NEW YORK STATE MUSEUM: Before granting the Port Authority's request, it is appropriate to give the parties to this litigation an opportunity to comment or object. Any interested party may comment on or object to the request BY 8/2/11. (Signed by Judge Alvin K. Hellerstein on 7/26/2011) (jfe)
July 27, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mary F. Schiavo to RE-FILE Document (1508 in 1:21-mc-00101-AKH, 201 in 1:02-cv-07154-AKH) Memorandum of Law in Support of Motion. ERROR(S): Incomplete Document (Signature page missing). Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(ldi)
July 27, 2011 Filing 1514 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James Freire dated 7/15/2011 re: Counsel for Globe writes to advise the Court that an oversight took place such that this answer was not electronically filed with the Court. We are advised by counsel for WTCP that they have no objection to the Court allowing Globe to correct this error and have Globe's answer dated May 12, 2008 filed in 08 Civ. 3722. ENDORSEMENT: The Clerk shall docket the Answer in 21 MC 101 and 08 Civ. 3722. (Signed by Judge Alvin K. Hellerstein on 7/26/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03722-AKH (ab)
July 27, 2011 Filing 1513 MEMORANDUM OF LAW in Opposition re: (200 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by UAL Corporation, United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 27, 2011 Filing 1512 DECLARATION of Michael Feagley in Opposition re: (200 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 27, 2011 Filing 1511 DECLARATION of Elizabeth Smith in Support re: (200 in 1:02-cv-07154-AKH, 1507 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 27, 2011 Filing 1510 REPLY MEMORANDUM OF LAW in Support re: (200 in 1:02-cv-07154-AKH, 1507 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 27, 2011 Filing 1509 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (200 in 1:02-cv-07154-AKH, 1507 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 27, 2011 Filing 1508 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (200 in 1:02-cv-07154-AKH, 1507 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary) Modified on 7/28/2011 (ldi).
July 27, 2011 Filing 1507 MOTION for Pre-Trial Recoverable Damages Under Massachusetts Law. Document filed by Mary Bavis.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 26, 2011 Opinion or Order Filing 1506 STIPULATION AND ORDER: It is hereby stipulated and agreed, that the Aviation Defendants may each supplement their individual answers to the WTCP Plaintiffs' flight 11 Complaint and as set forth in this stipulation and order. (Signed by Judge Alvin K. Hellerstein on 7/25/2011) (mbe)
July 19, 2011 Filing 1505 STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS OR ATTORNEYS' FEES AS TO COUNT XVII is hereby dismissed with prejudice and without costs or attorneys' fees to any party as against any other party. (Signed by Judge Alvin K. Hellerstein on 7/15/2011) (mro)
July 18, 2011 Filing 1504 MOTION for Attorney Fees. Document filed by Hitchcock & Cummings, LLP.(Cummings, Terry)
July 15, 2011 Filing 1503 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 1457 MOTION for Pre-Trial Applicable Standard of Care.. Document filed by World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. (Cohen, Jason)
July 15, 2011 Filing 1502 REPLY AFFIRMATION of Jason T. Cohen in Support re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
July 15, 2011 Filing 1501 CERTIFICATE OF SERVICE of Plaintiffs Reply Memorandum of Law in Support of Motion of Plaintiff Bavis to Charge Res Ipsa Loquitur Against Defendant United Air Lines, Inc. served on All Parties on 7/15/11. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 15, 2011 Filing 1500 REPLY MEMORANDUM OF LAW in Support re: (1454 in 1:21-mc-00101-AKH, 159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 15, 2011 Filing 1499 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: (1454 in 1:21-mc-00101-AKH, 159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 2 World Trade Center LLC, 4 World Trade Center LLC. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH(Egan, Thomas)
July 15, 2011 Filing 1498 CERTIFICATE OF SERVICE of Plaintiff's Reply in Support of Motion for Pre-Trial Applicable Standard of Care served on All Parties on 7/15/2011. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 15, 2011 Filing 1497 REPLY MEMORANDUM OF LAW in Support re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
July 8, 2011 Filing 1496 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Michael R. Feagley dated 7/8/11 re: I write on behalf of the Bavis Defendants - United Air Lines, Inc. United Continental Holdings (f/k/a UAL Corporation), Huntleigh USA Corporation, and The Massachusetts Port Authority ("The Bavis Defendants") - asking that the Court issue an order needed to avoid undue prejudice to defendants. Specifically, we ask that the Court issue an order revising the schedule for submission of their expert reports as further specified in this letter. ENDORSEMENT: Defendants shall disclose expert reports identified in bullet number 1 today. Defendants shall disclose expert reports identified in bullet number 2 by July 29, 2011. Defendants should not depose any Plaintiff's expert who ought to have a chance to review any of the reports identified in bullet number 2 that are relevant to the given Plaintiff's expert's testimony, until Plaintiff has received such reports. Counsel shall work together to coordinate the disclosure of these reports, the depositions, and the date. So ordered. (Signed by Judge Alvin K. Hellerstein on 7/8/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(rjm)
July 8, 2011 Filing 1495 JOINT MEMORANDUM OF LAW in Opposition re: (162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 8, 2011 Filing 1494 DECLARATION of Jeffrey J. Ellis, Esq. in Opposition re: (162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 8, 2011 Filing 1493 DECLARATION of Desmond T. Barry, Jr. in Opposition re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Barry, Desmond)
July 8, 2011 Filing 1492 MEMORANDUM OF LAW in Opposition re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Barry, Desmond)
July 8, 2011 Filing 1491 MEMORANDUM OF LAW in Opposition re: (159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by UAL Corporation, United Air Lines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 8, 2011 Filing 1490 BRIEF Concerning Applicable Standard of Care. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Barry, Desmond)
July 8, 2011 Filing 1489 DECLARATION of Michael R. Feagley in Opposition re: (159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit A (Part 3), # 4 Exhibit A (Part 4), # 5 Exhibit A (Part 5), # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Redmond, Loretta)
July 8, 2011 Opinion or Order Filing 1488 ORDER: it is hereby ORDERED, that the Port Authority is permitted to allow the Office of Chief Medical Examiner (OCME) to remove and examine WTC material contained in and on an FDNY ambulance (identified on PANYNJ Artifact Request List as D-0004), and to allow the National September 11 Memorial and Museum of the World Trade Center("NS11MM") to clean the ambulance prior to its physical transfer from John F. Kennedy International Airport, Hangar 17 to its permanent home at the NS11MM. (Signed by Judge Alvin K. Hellerstein on 7/7/2011) (js)
July 6, 2011 Opinion or Order Filing 1487 ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that, Ann Taylor, Esq., is admitted pro hac vice as counsel for Globe Aviation Services Corporation. (Signed by Judge Alvin K. Hellerstein on 5/9/11) (laq)
July 6, 2011 Filing 1486 MEMO ENDORSEMENT on ACI-NA'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF. ENDORSEMENT: Motion denied. This amicus previously filed a brief. The Clerk shall terminate the motion. So ordered. Denying (1480) Motion to File Amicus Brief in case 1:21-mc-00101-AKH; Denying (178) Motion to File Amicus Brief in case 1:02-cv-07154-AKH. (Signed by Judge Alvin K. Hellerstein on 7/6/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(rjm)
July 5, 2011 Filing 1485 REPLY MEMORANDUM OF LAW in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment. [Superseding]. Document filed by Massachusetts Port Authority, Massachusetts Port Authority. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Wood, Willard)
July 1, 2011 Filing 1484 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of The Massachusetts Port Authoritys Motion for Summary Judgment; The Massachusetts Port Authoritys Reply to Mary Baviss Statement of Disputed Facts Pursuant to Local Rule 56.1; and Reply Declaration of Shiva Eftekhari with attached exhibits on 7/1/2011. Document filed by Massachusetts Port Authority. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Wood, Willard)
July 1, 2011 Filing 1483 DECLARATION of Shiva Eftekhari in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Massachusetts Port Authority. (Attachments: # 1 Exhibit A - C, # 2 Exhibit D - O, # 3 Exhibit P - Z, # 4 Exhibit AA - FF)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Wood, Willard)
July 1, 2011 Filing 1482 REPLY re: (1467 in 1:21-mc-00101-AKH) Counter Statement to Rule 56.1,, (1471 in 1:21-mc-00101-AKH) Counter Statement to Rule 56.1. Document filed by Massachusetts Port Authority. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Wood, Willard)
July 1, 2011 Filing 1481 REPLY MEMORANDUM OF LAW in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Massachusetts Port Authority. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Wood, Willard)
July 1, 2011 Filing 1480 MOTION to File Amicus Brief (Supplemental). Document filed by Airports Council International - North America. (Attachments: # 1 Exhibit ACI-NA's Supplemental Brief as Amicus Curiae in Support of Massport's Motion for Summary Judgment)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Lewis, Scott)
July 1, 2011 Filing 1479 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief (Supplemental). Document filed by Airports Council International - North America. (Attachments: # 1 Supplement ACI-NA's Supplemental Brief as Amicus Curiae in Support of Massport's Motion for Summary Judgment)(Lewis, Scott) Modified on 7/1/2011 (db). Modified on 7/1/2011 (gp).
June 30, 2011 Opinion or Order Filing 1478 ORDER SETTING SCHEDULED FOR PORT AUTHORITY;'S REQUEST TO TRANSFER ARTIFACT: The Port Authority of New York and New Jersey has been preserving artifacts from the events of September 11, 2001, for use as evidence in litigation in this Court and for eventual use by the National September 11 Memorial and Museum. In an Order dated July 7, 2009, I granted the Port Authority permission to transfer certain artifacts within its possession to the Museum. See Order, In re September 11 Litig., 21 MC 97 (Doc. No. 1491) (S.D.N.Y. July 8, 2009). Pursuant to that Order, the Port Authority has written to the Court, seeking to transfer an FDNY ambulance. Incident to the transfer, the Port Authority asks permission to have the New York City Office of the Chief Medical Examiner examine and remove evidence in the ambulance; and to permit the Museum to clean the ambulance. Before granting the Port Authority's request, it is appropriate to give the parties to this litigation an opportunity to comment or object. Any interested party may comment on or object to the request by July 6, 2011. (Signed by Judge Alvin K. Hellerstein on 6/30/2011) (jfe) Modified on 6/30/2011 (jfe).
June 30, 2011 Opinion or Order Filing 1477 PROTECTIVE ORDER GOVERNING ACCESS TO HANDLING AND USE OF SENSITIVE SECURITY INFORMATION AT TRIAL...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 6/30/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jfe) Modified on 7/7/2011 (jfe).
June 28, 2011 Opinion or Order Filing 1476 ORDER, the parties' protective order shall be submitted to the Court by July 1, 2011. The Court will hold a hearing to consider the parties' designations and counter-designations of sensitive security information ("SSI"), and the parties' respective objections, on September 22, 2011. The Court will hold a second hearing to consider the Government's proposed substitutions for SSI, and the parties' objections, on October 17, 2011. The parties and the Government shall draft a statement regarding SSI and replacement evidence for the Court to read to the jury. The parties shall submit their proposed statement prior to the October 17,2011. conference, for approval at the conference.On July 27,2011, the parties shall appear for argument on the several motions now being briefed, The argument shall begin at 10:30am,( Oral Argument set for 7/27/2011 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/27/11) (pl) Modified on 6/28/2011 (pl).
June 27, 2011 Opinion or Order Filing 1475 SUMMARY ORDER AMENDING DISCOVERY PLAN-WTCP PLAINTIFFS: This Order amends the deadlines provided in my previous Order, and cancels the conference set for August 25, 2011. With regard to discovery pertaining to open WTCP damages issues, the parties shall exchange expert reports by August 12, 2011. In World Trade Center Properties LLC v. American Airlines, Inc., 08 Civ, 3722 (AKH), Plaintiffs allege injuries arising from the collapse of7 World Trade Center. The schedule for discovery of damages for this aspect of the case shall be recommended by the parties. (Signed by Judge Alvin K. Hellerstein on 6/24/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jpo)
June 27, 2011 Filing 1474 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to the Massachusetts Port Authority's Motion for Summary Judgment and supporting documents served on All Parties on 6/24/2011. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 27, 2011 Filing 1473 DECLARATION of Mary Schiavo in Opposition re: (145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7a, # 8 Exhibit 7b, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19a, # 21 Exhibit 19b, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 25, 2011 Filing 1472 FILING ERROR - DEFICIENT DOCKET ENTRY - (MISSING EXHIBITS) - DECLARATION of Mary Schiavo in Opposition re: (145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary) Modified on 6/29/2011 (lb).
June 25, 2011 Filing 1471 COUNTER STATEMENT TO (1432 in 1:21-mc-00101-AKH, 147 in 1:02-cv-07154-AKH) Rule 56.1 Statement. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 25, 2011 Filing 1470 AFFIDAVIT of Michael Pilgrim in Opposition re: (145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 24, 2011 Filing 1469 MEMORANDUM OF LAW in Opposition re: (145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 24, 2011 Filing 1468 DECLARATION of Jason T. Cohen in Opposition re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit Exh. 1 Part 1 of 3, # 12 Exhibit Exh. 1 Part 2 of 3, # 13 Exhibit Exh. 1 Part 3 of 3)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
June 24, 2011 Filing 1467 COUNTER STATEMENT TO (1432 in 1:21-mc-00101-AKH, 147 in 1:02-cv-07154-AKH) Rule 56.1 Statement. Document filed by 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
June 24, 2011 Filing 1466 MEMORANDUM OF LAW in Opposition re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
June 24, 2011 Opinion or Order Filing 1465 STIPULATION AND ORDER: The actions are hereby discontinued with prejudice and without costs as to defendants ICTS International, N.V. (Signed by Judge Alvin K. Hellerstein on 6/24/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jar)
June 17, 2011 Filing 1464 MEMORANDUM OF LAW in Support re: 1454 MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by World Trade Center Properties LLC, 2 World Trade Center LLC, 4 World Trade Center LLC. (Cohen, Jason)
June 17, 2011 Filing 1463 CERTIFICATE OF SERVICE of Notice of Motion on the Applicable Standard of Care, supporting Memorandum of Law and Declaration of Vincent Parrett served on All Parties on 6/17/11. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1462 CERTIFICATE OF SERVICE of Motion of Plaintiff Bavis to Charge Res Ipsa Loquitur Against Defendant United Air Lines, Inc. and supporting Memorandum of Law with Declaration of Vincent Parrett served on All Parties on 6/17/11. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1461 MEMORANDUM OF LAW in Support re: 1457 MOTION for Pre-Trial Applicable Standard of Care.. Document filed by World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. (Cohen, Jason)
June 17, 2011 Filing 1460 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 1454 MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. (Cohen, Jason)
June 17, 2011 Filing 1459 DECLARATION of Vincent I. Parrett in Support re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1458 MEMORANDUM OF LAW in Support re: (1457 in 1:21-mc-00101-AKH, 162 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Applicable Standard of Care.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1457 MOTION for Pre-Trial Applicable Standard of Care. Document filed by Mary Bavis.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1456 DECLARATION of Vincent I. Parrett in Support re: (159 in 1:02-cv-07154-AKH, 1454 in 1:21-mc-00101-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1455 MEMORANDUM OF LAW in Support re: (1454 in 1:21-mc-00101-AKH, 159 in 1:02-cv-07154-AKH) MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1454 MOTION for Pre-Trial Res Ipsa Jury Charge Against United Air Lines, Inc. Document filed by Mary Bavis.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 17, 2011 Filing 1453 NOTICE of Motion of Plaintiff Bavis to Charge Res Ipsa Loquitur Against Defendant United Air Lines, Inc.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
June 16, 2011 Opinion or Order Filing 1452 ORDER ENLARGING TIME TO FILE OPPOSITION PAPERS: The WTCP Plaintiffs failed throughout to ask for discovery on the issues relevant to ICTS's dismissal, and, as I have said, their opposition fails to identify the "facts essential to justify [their] opposition." Fed. R. Civ. P. 56(d). Without such identification, their opposition will not be considered. However, I grant to the WTCP Plaintiffs an enlarged period, until June 24,2011, to file renewed or supplementary opposition papers to the ICTS motion, specifying the "facts essential to justify [their] opposition," id., or the precise discovery that will lead to such facts, and making such arguments as they wish from the considerable array of facts and documents they have collected. ICTS may file its reply by June 30, 2011. Briefing then will be closed. It is important to resolve the issue of ICTS's exposure to claims well before intensive proceedings preparing for a trial of the Bavis case begins November 7, 2011. (Signed by Judge Alvin K. Hellerstein on 6/16/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jpo)
June 16, 2011 Filing 1451 AFFIDAVIT OF SERVICE of reply papers in support of motion for summary judgment served on Liaison counsel on June 16, 2011. Document filed by ICTS International NV. (Robbins, Jon)
June 16, 2011 Filing 1450 RULE 56.1 STATEMENT. Document filed by ICTS International NV. (Robbins, Jon)
June 16, 2011 Filing 1449 REPLY MEMORANDUM OF LAW in Support re: 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS.. Document filed by ICTS International NV. (Robbins, Jon)
June 16, 2011 Filing 1448 REPLY AFFIDAVIT of Jon Paul Robbins in Support re: 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS.. Document filed by ICTS International NV. (Attachments: # 1 Exhibit Exhibits 1-3 to Robbins Reply Declaration in Support of ICTsS Motion for Summary Judgment)(Robbins, Jon)
June 14, 2011 Opinion or Order Filing 1447 ORDER: The trial of Bavis v. United Airlines, No. 02 Civ. 7154 (AKH), previously scheduled to begin June 13,2011, has been postponed to begin November 7, 2011. (Ready for Trial by 11/7/2011.) (Signed by Judge Alvin K. Hellerstein on 6/13/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jar)
June 13, 2011 CASHIERS OFFICE REMARK on 1446 Order on Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 06/01/2011, Receipt Number 8006. (jd)
June 10, 2011 Opinion or Order Filing 1446 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Scott P. Lewis is admitted to practice pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 6/10/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jpo)
June 10, 2011 Filing 1445 ENDORSED LETTER addressed to Judger Alvin K. Hellerstein from Katherine L. Pringle dated 6/8/2011 re: Counsel respectfully request an adjournment of the conference scheduled for 7/6/11. ENDORSEMENT: The conf is canceled and will be re-set, if appropriate, by subsequent order. So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/10/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(jfe)
June 6, 2011 Opinion or Order Filing 1444 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Ann Taylor is admitted to practice por hac vice as counsel for Globe Aviation Services Corporation. (Signed by Judge Alvin K. Hellerstein on 6/6/2011) (jar)
June 6, 2011 Opinion or Order Filing 1443 SCHEDULING ORDER: As was discussed at the status conference and agreed upon by the parties and the Court, IRI's opening brief is due July 15,2011. (Motions due by 7/15/2011.) (Signed by Judge Alvin K. Hellerstein on 6/3/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(jar)
June 3, 2011 Filing 1442 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 5/24/2011 re: The WTCP Plaintiffs write with regard to the May 3, 2011 Motion of ICTS International, N.V., for Summary Judgment Dismissing the Remaining Actions Against it. This afternoon, counsel for ICTS provided the WTCP Plaintiffs with additional insurance information. Counsel for ICTS and the WTCP Plaintiffs have agreed that the WTCP Plaintiffs will have until June 9, 2011 to oppose the summary judgment motion and that ICTS will have until June 16, 2011 to submit reply papers. If in the interim, the WTCP Plaintiffs decide to not oppose the motion, we will immediately notify counsel for ICTS and the Court. We respectfully request that the Court so order the revised briefing schedule by endorsement of this letter. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/3/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(js)
June 3, 2011 Opinion or Order Filing 1441 SUMMARY ORDER WTCP PLAINTIFFS: In January 2011, I memo-endorsed a joint letter from the parties, lifting the stay on discovery in the 21 MC 101 Master Calendar to allow discovery on damages claimed by the WTCP Plaintiffs. The narrow damages issue that remains is whether the WTCP Plaintiffs' insurance recoveries compensated them fully for all potential tort recoveries from the Aviation Defendants. E.g., Order Denying Motion for Certification of Interlocutory Appeals under 28U.S.c. § 1292(b), World Trade Center Props. LLC v. United Airlines, Inc., 08 Civ. 3719 (21 MC 101) (Doc. No. 1322) (S.D.N.Y. Oct. 26, 2010). This issue, I believe, entails limited expert discovery, and perhaps nothing more.I learned at the status conference held June 1, 2011, that hardly any discovery, and no experts discovery whatsoever, has taken place. This leisurely pace shall not continue. The parties shall complete all discovery, both fact and expert, by August 12, 2011. The parties shall appear at a conference on August 25, 2011, at 2:30pm, to plan dispositive motions or to set a trial date. These dates will not be enlarged. (Signed by Judge Alvin K. Hellerstein on 6/2/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(js)
June 3, 2011 Filing 1440 MEMO ENDORSED ON MOTION OF AMICUS CURIAE AIRPORTS COUNSEL INTERNATIONAL NORTH AMERICA FOR LEAVE TO FILE BRIEF IN SUPPORT OF THE MASSACHUSETTS PORT AUTHORITY'S MOTION FOR SUMMARY JUDGMENT: ENDORSEMENT: Leave to file amicus is granted. So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/2/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(js)
June 3, 2011 Opinion or Order Filing 1439 SUMMARY ORDER ADJOURNING CONFERENCE OF JUNE 3, 2011: Various matters, some emergent, have interfered with my ability to deliver a written decision deciding the pending motions for summary judgment. In that context, the conference scheduled for June 3, 2011, is adjourned to July 6, 2011, at 4:00pm. All discovery, both fact and expert, is stayed until that conference. So Ordered (Signed by Judge Alvin K. Hellerstein on 6/2/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(js)
June 3, 2011 Opinion or Order Filing 1438 ORDER TO SHOW CAUSE UNSEALING OF SUBROGEE INSURERS' RECOVERIES IN PROPERTY DAMAGE SETTLEMENT: In July 2010, I approved a settlement in this Master Calendar between 18 of the 21 Property Damage Plaintiffs and the Aviation Defendants. In re Sept. 11 Litig., 723 F. Supp. 2d 534 (S.D.N.Y. 2010). I also granted a motion to unseal the aggregate settlement amount and the allocations made by the Aviation Defendants, but continued the sealing order with respect to the amount that each settling Plaintiff was to recover. In re Sept. 11 Litig., 723 F. Supp. 2d 526 (S.D.N.Y.201O).The WTCP Plaintiffs appealed my approval of the settlement, but the Second Circuit affirmed. In re Sept. 11 Prop. Damage Litig., 1O-2970-cv, 2011 WL 1331847 (2d Cir. April 8,2011). Subsequently, the WTCP Plaintiffs filed suit against their insurers, asking to recover a portion of the insurers' subrogation recoveries. The litigation seeks to draw into issue individual recoveries and allocation formulas in relation to the settlement.In light of the issues presented in the new litigation, further secrecy regarding the subrogated insurers' recoveries appears unwarranted. Within 10 days, each affected insurer shall show cause why I should not unseal the amounts they recovered under the settlement. (Signed by Judge Alvin K. Hellerstein on 6/2/2011) (js)
June 2, 2011 Opinion or Order Filing 1437 SCHEDULING ORDER: By June 24, 2011, all fact issues must be resolved or submitted to the Court for resolution. These parties shall appear for a status conference on June 28, 2011, at 2:30 p.m., to advise the Court of their progress. The third insurer-Defendant, Industrial Risk Insurers, represents that under the terms of its policy with the WTCP Plaintiffs, it has satisfied its obligation to cover losses and is not liable for any further payment. IRI shall move for judgment on the pleadings by July 24, 2011. The WTCP Plaintiffs may file a cross-motion by the same date, but shall defer their arguments to their opposition brief, due August 12, 2011. IRI shall reply by August 23, 2011. I shall hold oral argument on the motion on September 7, 2011, at 10:30am. Motions for judgment on pleadings due by 7/24/2011. Cross Motions due by 7/24/2011. Responses due by 8/12/2011. Replies due by 8/23/2011. Oral Argument set for 9/7/2011 at 10:30 AM before Judge Alvin K. Hellerstein. Status Conference set for 6/28/2011 at 02:30 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/1/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-01642-AKH(rjm)
May 27, 2011 Filing 1436 DECLARATION of Allen W. Burton in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Massachusetts Port Authority. (Attachments: # 1 Exhibits B - D, # 2 Exhibits E - J, # 3 Exhibits K - O, # 4 Exhibit P, # 5 Exhibits Q - U, # 6 Exhibit V, Part 1, # 7 Exhibit V, Part 2, # 8 Exhibits W - Z, # 9 Exhibits AA - EE, # 10 Exhibit FF, # 11 Exhibits GG - JJ, # 12 Exhibit KK, # 13 Exhibits LL - NN, # 14 Exhibit OO, # 15 Exhibits PP - UU)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Burton, Allen)
May 27, 2011 Filing 1435 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Airports Council International - North America.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Dhagat, Hetal)
May 27, 2011 Filing 1434 MOTION for Leave to File Amicus Curiae Brief in Support of Massachusetts Port Authority's Motion for Summary Judgment. Document filed by Airports Council International - North America. (Attachments: # 1 Exhibit Brief of Amicus Curiae in Support of Massachusetts Port Authority's Motion for Summary Judgment)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Dhagat, Hetal)
May 27, 2011 Filing 1433 DECLARATION of Joseph Lawless in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Massachusetts Port Authority. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Burton, Allen)
May 27, 2011 Filing 1432 RULE 56.1 STATEMENT. Document filed by Massachusetts Port Authority. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Burton, Allen)
May 27, 2011 Filing 1431 MEMORANDUM OF LAW in Support re: (1430 in 1:21-mc-00101-AKH, 145 in 1:02-cv-07154-AKH) MOTION for Summary Judgment.. Document filed by Massachusetts Port Authority. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Burton, Allen)
May 27, 2011 Filing 1430 MOTION for Summary Judgment. Document filed by Massachusetts Port Authority. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Burton, Allen)
May 26, 2011 Opinion or Order Filing 1429 STIPULATION AND ORDER that this action is discontinued with prejudice and without costs, solely as to defendant ICTS International, N.V. (Signed by Judge Alvin K. Hellerstein on 5/26/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(cd)
May 24, 2011 CASHIERS OFFICE REMARK in the amount of $25.00, paid on 05/11/2011, Receipt Number 6501. PAYMENT PRO HAC VICE FOR ANN C. TAYLOR (jd)
May 19, 2011 Opinion or Order Filing 1428 SUMMARY ORDER: The parties dispute the consequences if Defendants show they conformed with Federal Aviation Administration regulations that applied to the screening procedures at Logan International Airport on September 11, 2001, and shall submit briefing on the issue. Plaintiffs brief is due June 17, 2011; Defendants shall respond by July 8, 2011; and Plaintiff shall reply by July 15, 2011. Counsel for Massport shall move for summary judgment dismissing all claims against it and precluding argument, due to the absence of evidence, that weapons and other items used by the terrorists were passed to them after they passed through screening checkpoints controlled by Huntleigh and United on September 11, 2001. Massport shall file its motion and opening brief by May 27, 2011; opposition briefing shall be due June 24, 2011; and Massport shall reply by July 1,2011. Other Defendants may file briefs opposing Massport's motion, or otherwise expressing their views and the evidentiary bases for them, at the same that Plaintiff files the opposition brief. As to whether any res ipsa loquitur jury instructions are to be given, Plaintiff shall submit a brief by June 17; Defendants shall respond by July 8; and Plaintiff shall reply by July 15. The parties agree that Massachusetts law controls all damages issues, and shall submit an agreed-upon schedule for briefing the issue whether the decedent's pain and suffering gives rise to any damages claim. The United States Attorney has made substantial progress towards receiving approval from the Transportation Security Administration, and will provide the Court with an update at the next status conference. The parties shall inform the Court whether ICTS is to remain in the case by May 23, 2011, and may follow up on any representations made by May 27, 2011. The next conference in this case shall be held in Courtroom 14D on June 15, 2011, at 2:30pm. (Brief due by 6/17/2011. Status Conference set for 6/15/2011 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/18/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(tro)
May 16, 2011 Opinion or Order Filing 1427 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting Motion for Kimberly A. Donlon to Appear Pro Hac Vice as counsel for Defendant Huntleigh USA Corporation. (Signed by Judge Alvin K. Hellerstein on 5/16/2011) (lnl)
May 12, 2011 Filing 1426 ITEMS FOR AGENDA FOR MAY 16, 2011 CONFERENCE: The Court has reviewed the parties' proposed jury charges and in supporting memoranda and proposes to discuss the following issues at the status conference to be held May 16 at 10:00 am to write briefing on the issues, as set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 5/12/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jpo)
May 5, 2011 Filing 1425 SEALED DOCUMENT placed in vault.(mps)
May 3, 2011 Filing 1424 AFFIDAVIT OF SERVICE of motion for summary judgment with supporting papers served on counsel on 05/03/11. Document filed by ICTS International NV. (Robbins, Jon)
May 3, 2011 Filing 1423 RULE 56.1 STATEMENT. Document filed by ICTS International NV. (Robbins, Jon)
May 3, 2011 Filing 1422 MEMORANDUM OF LAW in Support re: 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS.. Document filed by ICTS International NV. (Robbins, Jon)
May 3, 2011 Filing 1421 DECLARATION of Jon Paul Robbins in Support re: 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS.. Document filed by ICTS International NV. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-8)(Robbins, Jon)
May 3, 2011 Filing 1420 DECLARATION of David W. Sass in Support re: 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS.. Document filed by ICTS International NV. (Robbins, Jon)
May 3, 2011 Filing 1419 MOTION for Summary Judgment to dismiss remaining claims against ICTS. Document filed by ICTS International NV. Responses due by 5/17/2011(Robbins, Jon)
May 2, 2011 Transmission of USCA Mandate/Order to the District Judge re: (133 in 1:08-cv-03719-AKH, 1418 in 1:21-mc-00101-AKH, 134 in 1:08-cv-03722-AKH) USCA Mandate,,,,,. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(nd)
May 2, 2011 Filing 1418 MANDATE of USCA (Certified Copy) as to (95 in 1:08-cv-03719-AKH, 1221 in 1:21-mc-00101-AKH, 97 in 1:08-cv-03722-AKH) Amended Notice of Appeal,, filed by 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, World Trade Center Properties LLC., (93 in 1:08-cv-03722-AKH, 1204 in 1:21-mc-00101-AKH, 91 in 1:08-cv-03719-AKH) Notice of Appeal,, filed by 7 World Trade Center Company, L.P., 4 World Trade Center, L.L.C., 3 World Trade Center L.L.C., 2 World Trade Center, L.L.C., 1 World Trade Center L.L.C., World Trade Center Properties LLC, (99 in 1:08-cv-03722-AKH) Notice of Appeal, filed by 7 World Trade Center Company, L.P., 3 World Trade Center L.L.C., 1 World Trade Center L.L.C., World Trade Center Properties LLC., (1303 in 1:21-mc-00101-AKH) Notice of Appeal, filed by The Port Authority of New York & New Jersey, (98 in 1:08-cv-03719-AKH) Notice of Appeal filed by 4 World Trade Center, L.L.C., 2 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., (1312 in 1:21-mc-00101-AKH) Notice of Appeal, filed by Cedar & Washington Associates, LLC. USCA Case Number 10-2970-cv(L). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/02/2011. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(nd)
May 2, 2011 Filing 1417 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Richard A. Williamson dated 4/22/2011 re: The WTCP Plaintiffs respectfully urge that no monies should be released to the Priority of Recovery Action defendants until their declaratory judgment action is resolved. ENDORSEMENT: The Court declines to issue an order, except in response to a properly supplemented motion. (Signed by Judge Alvin K. Hellerstein on 4/29/2011) (jpo) Modified on 5/2/2011 (jpo).
April 29, 2011 Filing 1416 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Franklin M. Sachs dated 4/22/2011 re: Accordingly, Citigroup respectfully requests that the Court order that expert discovery in the above-referenced matters is stayed pending the Court's ruling on Defendants' motions for summary judgment, consistent with the Court's direction during the December 16, 2010 oral argument on those motions. ENDORSEMENT: Discovery of experts should be stayed until June 3, 2011. A status conference will be held on that date at 10:00 a.m. to review said discovery. So Ordered. (Signed by Judge Alvin K. Hellerstein on 4/29/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(js)
April 26, 2011 Filing 1415 SEALED DOCUMENT placed in vault.(nm)
April 8, 2011 Filing 1414 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher P. Moore dated 4/8/2011 re: Requesting that the Court confirm, by endorsing this letter, that expert discovery in the above referenced matters is stayed pending the Court's ruling on Defendants' motions for summary judgment, consistent with the Court's direction during the December 16, 2010 oral argument on those motions. ENDORSEMENT: Denied without prejudice. Proceed either by motions or joint letter under my Rule 2E. (Signed by Judge Alvin K. Hellerstein on 4/8/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(jpo)
April 4, 2011 Filing 1413 NOTICE OF WITHDRAWAL. PLEASE TAKE NOTICE that Douglas M. Pravda hereby withdraws as counsel of record for defendant The Boeing Company in the above-captioned actions. Robert A. Atkins and H. Christopher Boehning of the law firm Paul, Weiss, Rifkind, Wharton & Ganison LLP have entered notices of appearance in this matter and together with Perkins Coie LLP and Richards Kibbe & Orbe LLP, will continue to represent The Boeing Company. (Signed by Judge Alvin K. Hellerstein on 4/4/11) Filed In Associated Cases: 1:21-mc-00101-AKH et al.(djc)
March 31, 2011 Opinion or Order Filing 1412 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: that pursuant to Federal Rule of Civil Procedure 41(a)(2) that all claims by Plaintiff Mary Bavis, Individually and as Personal Representative of the Estate of Mark Bavis, deceased In the Second Amended Complaint (02-CV-7154 (AKH) against Defendants Burns International Security Services Corporation, Pinkerton's LLC f/k/a Pinkerton's Inc., and Securitas AB are hereby dismissed with prejudice and the aforementioned defendants are therefore dismissed from this action with prejudice, each party to bear their own costs. This action shall continue against all remaining defendants. (Signed by Judge Alvin K. Hellerstein on 3/30/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(pl)
March 24, 2011 Filing 1411 SEALED DOCUMENT placed in vault.(nm)
March 22, 2011 Filing 1409 TRANSCRIPT of proceedings held on 2/16/2011 before Judge Alvin K. Hellerstein. (dnd)
March 18, 2011 Filing 1410 TRANSCRIPT of proceedings held on February 25, 2011 2:20 p.m. before Judge Alvin K. Hellerstein. (ajc)
March 18, 2011 Opinion or Order Filing 1408 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert P. Conlon, dated 3/17/2011, re: Please remove my name (Robert P. Conlon) and my firm (Walker Wilcox Matousek LLP) from the service list for this matter. Since starting my new firm in 2005, we have never entered an appearance and do not represent Globe Aviation Services Corp. ENDORSEMENT: SO ORDERED. (Docketed in Case No. 21-mc-00097. Atty Conlon terminated from case) (Signed by Judge Alvin K. Hellerstein on 3/18/2011) (lnl)
March 17, 2011 Filing 1407 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Franklin M. Sachs dated 3/16/2011 re: Con Edison respectfully requests permission to supplement the record on the pending motions for summary judgment with the supplemental expert reports served by Con Edison on March 15, 2011, enclosed herewith in DVD format. ENDORSEMENT: Motion to supplement record is denied. No showing has been made why this information could not have been supplied prior to 12/16/10, when argument was heard, nor why the record should be encumbered by duplicative evidence. The DVD is returned to sender. (Signed by Judge Alvin K. Hellerstein on 3/17/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(rjm)
March 15, 2011 Filing 1406 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mary Schiavo, dated 3/11/2011, re: As your Honor requested, counsel for the Bavis Plaintiffs and counsel for Defendants are jointly submitting a portion of the Fact Narrative upon which the parties were able to agree. There are additional areas that we are both continuing to discuss and anticipate offering shortly, either an agreed upon addition to the narrative or separate alternative proposals for inclusion in the narrative. ENDORSEMENT: The joint submission is accepted as a set of facts, subject to supplementation and additional proofs, to be read to the jury. (Signed by Judge Alvin K. Hellerstein on 3/15/2011) (Docketed in Case No. 02-CV-7154) (Signed by Judge Alvin K. Hellerstein on 3/15/2011) (lnl)
March 11, 2011 Filing 1405 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jason T. Cohen dated 3/11/11 re: Counsel writes to request that Your Honor direct the Court's ECF department to remove the e-mail address for Gregg H. Kanter from the ECF notice lists for the above-referenced Master Calendar docket and related individual dockets. After dedicating more than thirteen years to the practice of law with this firm, Mr. Kanter recently joined the Philadelphia law firm Sprague & Sprague. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/11/11) (djc)
March 4, 2011 Filing 1404 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey J. Ellis dated 3/1/11 re: I am writing jointly on behalf of the Bavis defendants and plaintiff to request that you consider extending the date for the plaintiff to file a revised draft factual narrative from March 4 to,March 11, the same day that the parties' witness submissions are due. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/3/11); Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(djc)
March 2, 2011 Filing 1403 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey J. Ellis dated 3/1/11 re: Counsel writes jointly on behalf of the Bavis defendants and plaintiff to request that you consider extending the date for the plaintiff to file a revised draft factual narrative from March 4 to March 11, the same day that the parties' witness submissions are due. ENDORSEMENT: So Ordered.(Signed by Judge Alvin K. Hellerstein on 3/2/11); Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH; (djc)
February 24, 2011 Opinion or Order Filing 1402 ORDER TO REGULATE PRETRIAL PROCESS: Judging from the letter of Mayer Brown, counsel for Defendants, dated February 22, 2011, the pretrial process appears in substantial disarray. Plaintiff has not provided a different perspective.The conference on February 25, 2011 will begin at 2:00 pm, rather than 2:30 pm, and shall continue until 4:00 pm. It will resume Monday, February 28, 2011 at 2:15 pm, and shall continue until 6:00 pm. If issues remain, the conference will continue until concluded on dates to be fixed. The Parties shall be prepared to discuss what problems exist preventing them from coming to rapid agreement on the following points: 1. The status of an agreed statement of introductory facts; 2. An identification of all Plaintiffs fact witnesses, a summary of each witness's expected testimony, an identification of which witnesses, if any, will be testifying by depositions, a justification for such testimony, and a means of regulating objection practice; 3. An identification of any expert witnesses, a summary of each expert witness's expected testimony, and an identification of any Daubert proceedings that may be appropriate; 4. An identification of all exhibits, and a procedure to rule on all objections; 5.An identification of issues of law along with procedures to raise and decide them; 6. A determination of dates for submissions of voir dire, jury instructions, motions in limine, and any other related submissions; 7. An identification of dates for eliminating unneeded Defendants; 8. An establishment of procedures for a timed trial; and 9. Any other issues that any of the Parties wish to raise. (Status Conference set for 2/25/2011 at 02:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/24/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(db) (Additional attachment(s) added on 2/25/2011: # 1 Supplement) (cd).
February 22, 2011 Opinion or Order Filing 1401 ORDER AND OPINION DISMISSING ACTION FOR LACK OF JURISDICTION: 7WTCo. has sought to arbitrate claims arising from its January 7, 2005 Settlement Agreement with IRI. That is a breach of contract dispute between two nondiverse parties, which falls outside the scope of this Court's subject-matter jurisdiction. Accordingly, all proceedings in this matter are dismissed. The Clerk shall terminate the pending motions (Doc. No. 1 and 16) and close the case. (Signed by Judge Alvin K. Hellerstein on 2/22/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-03036-AKH(jfe)
February 14, 2011 Opinion or Order Filing 1400 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PROTECTIVE ORDER granting in part and denying in part (1376) Motion to Preclude in case 1:21-mc-00101-AKH. Defendants move for a protective order to prevent Plaintiff from deposing Julie L. Ashley, and from calling her as a witness at trial. Plaintiff wishes to depose Ashley as to any communications she may have had, or has first-hand knowledge of, in which information about United Airlines' operations was communicated to one ofthe September 11 hijackers. Plaintiff also wishes to depose Ashley about activities thought to have been undertaken by her husband, Amad Farid Khorrami. Plaintiff seeks a one-hour deposition. Having reviewed the parties' submissions, I rule that Plaintiff may, in the one hour requested, depose Ashley about any communications she had with a September 11 hijacker, or about any communications ofwhich she has firsthand knowledge. Plaintiff may not depose Ashley about her husband, Khorrami. I reserve judgment on the issue whether Plaintiff may call Ashley as a witness at trial. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/14/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jmi)
February 10, 2011 Opinion or Order Filing 1399 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 2/3/2011 re: Cantor asks that the Court approve an extension to the deadline for submission of an amended expert report on damages. Counsel for Cantor have conferred with counsel for Defendant American Airlines, and the parties agree that Cantor may have a deadline of March 24, 2011, provided that Cantor produces a complete report and damages model at that time. Cantor respectfully requests that the Court approve this deadline. No further extensions will be requested. In addition, the parties respectfully request that if the deadline is altered, the Court reschedule the status conference in this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/10/2011) (jmi)
February 10, 2011 Opinion or Order Filing 1398 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 2/4/2011 re: the report and deposition testimony of Gregory S. Thaler, Cantor's expert on damages, "were identified as 'confidential' and filed under seal," but that in view of the Court's "Order and Opinion [dated January 19, 2011], it appears inappropriate to keep these materials sealed any longer." The Court cited The Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 96 (2d Cir. 2004), where the Second Circuit affirmed a presumptive right of access in docket sheets created by the clerk of court. ENDORSEMENT: The motion to maintain confidentiality will be granted upon the submission of redacted papers. That which is to be maintained as confidential should be limited to the extent possible. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/10/2011) (jmi)
February 9, 2011 Filing 1397 REPLY MEMORANDUM OF LAW in Support re: (1376 in 1:21-mc-00101-AKH) MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley.. Document filed by UAL Corporation, United Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Sexton, Brian)
February 8, 2011 Filing 1391 CERTIFICATE OF SERVICE served on All Defendants on 2/8/2011. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
February 8, 2011 Filing 1390 AFFIDAVIT of Mary Schiavo in Opposition re: (1376 in 1:21-mc-00101-AKH) MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
February 8, 2011 Filing 1389 MEMORANDUM OF LAW in Opposition re: (1376 in 1:21-mc-00101-AKH) MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
February 8, 2011 Opinion or Order Filing 1388 ORDER SETTING ARGUMENT DATE Oral argument on the pending motion in this case shall be held on February 16, 2011, at 3:00pm. The argument shall go forward in Courtroom 6A. There shall be no further adjournments. SO ORDERED. ( Oral Argument set for 2/16/2011 at 03:00 PM in Courtroom 6A, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/8/2011) (jmi)
February 8, 2011 Filing 1387 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Bruce Leichty dated February 3, 2011 re: On behalf of Ellen Mariani, acting in pro per, I am transmitting herewith via the above-referenced courier the following pleadings in original plus one each for IMMEDIATE filing in the later of the above-referenced cases: Motion of Ellen Mariani for Order Altering or Amending Order of 1/26/2011 [F.R.C.P. 59] or for Reconsideration of Order [F.R.C.P. 60] on Grounds of Failure by Clerk and Court to File Documents Relevant to Substance of 1/26/11 Order. ENDORSEMENT: The motion for reconsideration is denied. I was aware before I decided, of all the papers and issues raised in these papers. Since nothing new is shown, there is no basis to grant her motion and it is denied. (Signed by Judge Alvin K. Hellerstein on 2/8/2011) (jmi)
February 7, 2011 Filing 1396 CERTIFICATE OF SERVICE of Motion of Ellen Mariani, Memorandum of Points and Authorities in Support, Declaration in Support and Request for Judicial Notice in Support served on Charles R. Capace, Donald Migliori, Jeffrey J. Ellis on 2/3/11. Service was made by mail. Document filed by Ellen Mariani. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(mro)
February 7, 2011 Filing 1395 REQUEST FOR JUDICIAL NOTICE in Support re: (112 in 1:03-cv-06940-AKH, 1392 in 1:21-mc-00101-AKH) MOTION of Ellen Mariani for Order Altering or Amending Order of 1/26/11 (FRCP 59) or for Reconsideration of Order (FRCP 60) on grounds of failure by Clerk and Court to filed documents relevant to substance of 1/26/11 Order. Document filed by Ellen Mariani. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(mro)
February 7, 2011 Filing 1394 DECLARATION of Bruce Leichty in Support re: (112 in 1:03-cv-06940-AKH, 1392 in 1:21-mc-00101-AKH) MOTION of Ellen Mariani for Order Altering or Amending Order of 1/26/11 (FRCP 59) or for Reconsideration of Order (FRCP 60) on grounds of failure by Clerk and Court to filed documents relevant to substance of 1/26/11 Order. Document filed by Ellen Mariani. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(mro)
February 7, 2011 Filing 1393 MEMORANDUM OF POINTS AND AUTHORITIES in Support re: (112 in 1:03-cv-06940-AKH, 1392 in 1:21-mc-00101-AKH) MOTION of Ellen Mariani for Order Altering or Amending Order of 1/26/11 (FRCP 59) or for Reconsideration of Order (FRCP 60) on grounds of failure by Clerk and Court to filed documents relevant to substance of 1/26/11 Order. Document filed by Ellen Mariani. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(mro)
February 7, 2011 Filing 1392 MOTION of Ellen Mariani for Order Altering or Amending Order of 1/26/11 (FRCP 59) or for Reconsideration of Order (FRCP 60) on grounds of failure by Clerk and Court to filed documents relevant to substance of 1/26/11 Order. Document filed by Ellen Mariani, Ellen Mariani.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(mro)
February 4, 2011 Opinion or Order Filing 1386 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (1382) Motion for Edwin W. Green to Appear Pro Hac Vice in case 1:21-mc-00101-AKH; granting (126) Motion for Edwin W. Green to Appear Pro Hac Vice in case 1:02-cv-07154-AKH for Huntleigh USA Corporation. (Signed by Judge Alvin K. Hellerstein on 2/4/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(cd)
February 2, 2011 Opinion or Order Filing 1385 ORDER ADJOURNING STATUS CONFERENCE: The status conference set for February 4, 2011, is adjourned to February 25, 2011, at 2:30pm. The conference shall be held in Courtroom 14D. (Signed by Judge Alvin K. Hellerstein on 2/2/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jpo)
February 1, 2011 Filing 1384 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mary Kay Vyskocil dated 2/1/2011 re: request that the oral argument be adjourned. ENDORSEMENT: Oral argument is adjourned to 2/9/2011, at 4:00 p.m. Oral Argument shall be held in Courtroom 6A. ( Oral Argument set for 2/9/2011 at 04:00 PM in Courtroom 6A, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/1/2011) (jar)
February 1, 2011 CASHIERS OFFICE REMARK on 1382 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/25/2011, Receipt Number 927690. (jd)
February 1, 2011 Opinion or Order Filing 1383 ORDER REGULATING PROCEEDINGS re the 1/26/11 unsealing of this litigation: the parties are directed to submit letters to this Court within 60 days, stating which docket entries must be unsealed and made available for public view. Only those individuals and entities previously recognized as proper parties to this action may submit letters, and only through counsel authorized to practice law before the Court. (Signed by Judge Alvin K. Hellerstein on 1/3/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(cd)
January 31, 2011 Opinion or Order Filing 1381 ORDER REGULATING PROCEEDINGS: My Order and Opinion granting partial summary judgment to Defendants, In re Sept. 11 Litig., 04 Civ. 7138 (21 MC 101),2011 WL 149518 (S.D.N.Y. Jan. 19,2011), discussed the report and deposition testimony of Gregory S. Thaler, an expert retained by Plaintiffs to analyze and quantify their damages as a consequence of the events of September 11, 2001. From the discovery exhibits, it appears those materials were identified as "confidential" and filed under seal. In view of my Order and Opinion, it appears inappropriate to keep these materials sealed any longer. This Court presumes that materials presented for review enjoy a presumption of openness to public inspection, rebuttable only "upon demonstration that suppression is essential to preserve higher values and is narrowly tailored to serve that interest." The Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 96 (2d Cir. 2004) (internal quotation and citation omitted). If any party wishes that any information filed in connection with this case remain sealed, it shall set forth its reasons and justifications. Any such submission must be submitted to the Court by letter, and must be filed by February 4, 2011, at noon. (Signed by Judge Alvin K. Hellerstein on 1/28/11) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(db)
January 26, 2011 Transmission to Sealed Records Clerk. Transmitted re: (109 in 1:03-cv-06940-AKH) Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jpo)
January 26, 2011 Opinion or Order Filing 1380 COMPROMISE ORDER AUTHORIZING FINAL DISTRIBUTION OF SETTLEMENT: It is hereby ordered that plaintiff John C. Ransmeier, Administrator of the Estate of Louis Neil Mariani, deceased, is hereby authorized and empowered to compromise and settle all causes of action brought against all defendants named in this action (hereinafter "defendants"), for the total sum of $3,760,000.00, as set forth in this Order. The full record of this litigation shall be unsealed and made part of the public record. (Signed by Judge Alvin K. Hellerstein on 1/26/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jpo)
January 26, 2011 Filing 1379 AFFIDAVIT OF SERVICE of Notice of Motion, Declaration in Support and Memorandum of Law in Support of UNITED AIR LINES, INC.'s motion for a protective order precluding the deposition of Julie E. Ashley served on All Liaison Counsel on January 26, 2011. Service was made by electronic mail. Document filed by UAL Corporation, United Air Lines, Inc.. (Redmond, Loretta)
January 26, 2011 Filing 1378 MEMORANDUM OF LAW in Support re: 1376 MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley.. Document filed by UAL Corporation, United Air Lines, Inc.. (Redmond, Loretta)
January 26, 2011 Filing 1377 DECLARATION of Michael R. Feagley in Support re: 1376 MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit "A" to Michael Feagley Declaration, # 2 Exhibit "B" to Michael Feagley Declaration, # 3 Exhibit "C" to Michael Feagley Declaration, # 4 Exhibit "D" to Michael Feagley Declaration, # 5 Exhibit "E" to Michael Feagley Declaration, # 6 Exhibit "F" to Michael Feagley Declaration, # 7 Exhibit "G" to Michael Feagley Declaration, # 8 Exhibit "H" to Michael Feagley Declaration, # 9 Exhibit "I" to Michael Feagley Declaration, # 10 Exhibit "J" to Michael Feagley Declaration)(Redmond, Loretta)
January 26, 2011 Filing 1376 MOTION to Preclude for a Protective Order Precluding the Deposition of Julie E. Ashley. Document filed by UAL Corporation, United Air Lines, Inc..(Redmond, Loretta)
January 26, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Loretta Redmond to RE-FILE Document 1375 Memorandum of Law in Support of Motion. ERROR(S): Document attached to filing error. (djc)
January 26, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Loretta Redmond to RE-FILE Document 1374 MOTION to Preclude for a Protective Order Precluding the Deposition of Julie Ashley. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition, Supporting Document. Motion to Preclude was not filed. First file motion, then file any supporting documents. (djc)
January 26, 2011 Filing 1375 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 1374 MOTION to Preclude for a Protective Order Precluding the Deposition of Julie Ashley.. Document filed by UAL Corporation, United Air Lines, Inc.. (Redmond, Loretta) Modified on 1/26/2011 (djc).
January 26, 2011 Filing 1374 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Preclude for a Protective Order Precluding the Deposition of Julie Ashley. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit Exhibit "A" to Michael Feagley Declaration, # 2 Exhibit "B" to Michael Feagley Declaration, # 3 Exhibit "C" to Michael Feagley Declaration, # 4 Exhibit "D" to Michael Feagley Declaration, # 5 Exhibit "E" to Michael Feagley Declaration, # 6 Exhibit "F" to Michael Feagley Declaration, # 7 Exhibit "G: to Michael Feagley Declaration, # 8 Exhibit "H" to Michael Feagley Declaration, # 9 Exhibit "I" to Michael Feagley Declaration, # 10 Exhibit "J" to Michael Feagley Declaration)(Redmond, Loretta) Modified on 1/26/2011 (djc).
January 25, 2011 Filing 1382 MOTION for Edwin W. Green to Appear Pro Hac Vice. Document filed by Huntleigh USA Corporation, Huntleigh USA Corporation.Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(mro)
January 24, 2011 Filing 1373 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 1/20/11 re: The parties agreed to make a joint request that the Court lift the current stay of discovery in 21 MC 101 for the limited purpese of permitting the further discovery outlined in said letter. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/24/11) (db)
January 19, 2011 Set Deadlines/Hearings: Amended Pleadings due by 2/28/2011. Status Conference set for 3/7/2011 at 02:30 PM before Judge Alvin K. Hellerstein. Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(js)
January 19, 2011 Opinion or Order Filing 1372 ORDER AND OPINION GRANTING PARTIAL SUMMARY JUDGMENT TO LIMIT PLAINTIFFS' DAMAGES: No one can deny the emotional and financial hurt suffered by Cantor Fitzgerald's, and the families of its officers and employees. But as a matter of law, Cantor Fitzgerald's claim for damages, however theorized, may not include claims for lost profits resulting from the deaths of, and injuries to, its officers and employees on September 11. Cantor Fitzgerald must eliminate the impermissible aspect of its damages claim. It has leave to file amended claims by February 28, 2011. I will meet with the parties on March 7, 2011, at 2:30 p.m., to discuss the status of any remaining pretrial issues, and to set a trial date. In the meantime, if the parties wish to return to mediation before Judge Martin after Cantor Fitzgerald restates its claim, they shall so advise me by joint letter, and ask for the cancellation of the status conference. The Clerk shall terminate the motion (Doc. No. 1234). So Ordered (Signed by Judge Alvin K. Hellerstein on 1/19/2011) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(js)
January 5, 2011 Filing 1371 TRANSCRIPT of proceedings held on December 21, 2010 at 11:24 a.m. before Judge Alvin K. Hellerstein. (js)
December 22, 2010 Opinion or Order Filing 1370 ORDER TERMINATING DEFENDANTS' MOTION: Defendant UAL Corporation ("UAL") has filed a motion seeking compliance with my order dated October 22, 2010, setting forth deadlines for pretrial activities and providing guidance for those activities. Order Regulating Proceedings, Doc. No. 1320, 21 MC 101(S.D.N.Y. Oct. 22, 2010). UAL has objected to (i) Plaintiffs proposed pretrial statement to the jury and (ii) Plaintiffs proposed list of witnesses. In a recent order, I set forth my views regarding these issues. Order Regulating Procedure on Defendants' Motion, Doc. No. 1363, 21 MC 101 (S.D.N.Y. Dec. 16, 2010). I invited the parties to appear to discuss the issues further and clarify the procedures for remaining pretrial activities. In view of the parties' appearance today, the issues raised in Defendants' motion have been resolved. The present motion is therefore terminated. The Clerk shall mark the motion (Doc. No. 115 in 02 Civ. 7154; Doc. No. 1357 in 21 MC 101) terminated. ORDER terminating (1357) Motion to Comply in case 1:21-mc-00101-AKH; terminating (115) Motion to Comply in case 1:02-cv-07154-AKH. (Signed by Judge Alvin K. Hellerstein on 12/21/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(db)
December 22, 2010 Opinion or Order Filing 1369 ORDER DISMISSING GLOBE AVIATION SERVICES: On the bases of the parties' agreement and on the holding of my prior opinion, I grant Globe's motion and dismiss it from the case. The Clerk shall mark the present motion (Doc. No. 1324) terminated. ORDER granting (1324) Motion in case 1:21-mc-00101-AKH. (Signed by Judge Alvin K. Hellerstein on 12/21/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(db)
December 21, 2010 Opinion or Order Filing 1368 ORDER DENYING HUNTLEIGH'S MOTION FOR RECONSIDERATION, that Defendant Huntleigh USA Corp. ("Huntleigh") moves for reconsideration of my recent order denying its motion to be dismissed from the pending above- captioned matter. Order Denying Huntleigh's Motion to Dismiss or Stay Actions, Doc. No. 112, 02 Civ. 7154 (21 MC 101) (S.D.N.Y. Dec. 1,2010). On December 21,2010, Huntleigh and Plaintiff Mary Bavis appeared for oral argument on the matter. For the reasons provided on the record, I decline to grant the motion. For these reasons set forth in this Order, it is inappropriate to dismiss Huntleigh at this time. Huntleigh's motion for reconsideration is therefore denied. Closer to trial, Huntleigh may move for dismissal again if future developments warrant such a motion. The Clerk shall mark the present motion (Doc. No. 1352) terminated. Denying (1352) Motion for Reconsideration in case 1:21-mc-00101-AKH. (Signed by Judge Alvin K. Hellerstein on 12/21/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(pl)
December 20, 2010 Filing 1367 STIPULATION OF DISMISSAL WITH PREJUDICE: It is hereby sitpulated and agreed by and between the parties that this action (03cv9965) be, and the same hereby is dismissed in its entirety, with prejudice and each party shall bear its own costs. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/20/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-09965-AKH(jpo)
December 20, 2010 Filing 1366 MEMO ENDORSEMENT on MOTION JOHN C. RANSMIER, ADMINISTRATOR OF THE ESTATE OF LOUIS NEIL MARIANI, (1) TO RECONSIDER SANCTIONS AGAINST MRS. MARIANI AND HER COUNSEL UNDER RULE 11; AND (2) TO IMPOSE SANCTIONS ON MARIANI'S COUNSEL BASED ON HIS CONTINUING UNAUTHORIZED PRACTICE OF LAW BEFORE THIS COURT AND THE INHERENT POWER OF THIS COURT TO SANCTION CONDUCT THAT ABUSES THE JUDICIAL PROCESS. ENDORSEMENT: Denied for the same reasons provided in my original order. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/11/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jpo)
December 20, 2010 Opinion or Order Filing 1365 MEMO ENDORSEMENT on MOTION OF ELLEN MARIANO FOR ORDER ALTERING OR AMENDING ORDER OF 11/15/2010 (F.R.C.P. 59) OR FOR RECONSIDERATION OF ORDER (F.R.C.P.60) ON GROUNDS OF FAILURE BY CLERK AND COURT TO FILE DOCUMENTS RELEVANT TO SUBSTANCE OF 11/15/2010 ORDER. ENDORSEMENT: Denied. I received and reviewed all submissions before issuing my ruling. (Signed by Judge Alvin K. Hellerstein on 12/17/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jpo)
December 17, 2010 Filing 1364 RESPONSE in Opposition re: (1352 in 1:21-mc-00101-AKH) MOTION for Reconsideration and Oral Argument.. Document filed by 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
December 16, 2010 Opinion or Order Filing 1363 ORDER REGULATING PROCEDURE ON DEFENDANTS' MOTION: Defendants filed a motion on December 8, 2010 to complain about various pretrial practices of Plaintiff. I file this order to express my preliminary views, to short-circuit regular motion practice and to promote efficiency and economy. (See ORDER as set forth) (Signed by Judge Alvin K. Hellerstein on 12/16/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH (lnl)
December 15, 2010 Filing 1362 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mary Schiavo dated 12/7/2010 re: Counsel respectfully request permission to file a sur-reply to defendant's reply in support of its motion to enforce litigation agreement and for dismissal of claim asserted in Bavis action. ENDORSEMENT: Denied. Leave may be requested at oral argument, to the extent appropriate. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/15/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(jfe)
December 10, 2010 Filing 1361 RESPONSE in Opposition re: (1352 in 1:21-mc-00101-AKH) MOTION for Reconsideration and Oral Argument.. Document filed by Mary Bavis. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
December 8, 2010 Filing 1360 AFFIDAVIT OF SERVICE of Notice of Motion, Memorandum of Law, and Declaration of Jeffrey J. Ellis on 12/08/2010. Document filed by UAL Corporation, United Air Lines, Inc.. (Sexton, Brian)
December 8, 2010 Filing 1359 DECLARATION of Jeffrey J. Ellis in Support re: 1357 MOTION to Comply.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Sexton, Brian)
December 8, 2010 Filing 1358 MEMORANDUM OF LAW in Support re: 1357 MOTION to Comply.. Document filed by UAL Corporation, United Air Lines, Inc.. (Sexton, Brian)
December 8, 2010 Filing 1357 MOTION to Comply. Document filed by UAL Corporation, United Air Lines, Inc..(Sexton, Brian)
December 7, 2010 Filing 1356 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert P. Conlon dated 12/7/2010 re: Counsel writes: Please remove my name (Robert P. Conlon) and my firm (Walker Wilcox Matousek LLP) from the service list for this matter. Since starting my new firm in 2005, we have never entered an appearance and do not represent Globe Aviation Services Corp. ENDORSEMENT: So ordered. Attorney Robert P. Conlon terminated. (Signed by Judge Alvin K. Hellerstein on 12/7/2010) (lnl)
December 3, 2010 Filing 1355 AFFIDAVIT of Service in Support re: 1352 MOTION for Reconsideration and Oral Argument.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
December 3, 2010 Filing 1354 DECLARATION of Charles R. Eskridge III in Support re: 1352 MOTION for Reconsideration and Oral Argument.. Document filed by Huntleigh USA Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ross, Johnathan)
December 3, 2010 Filing 1353 MEMORANDUM OF LAW in Support re: 1352 MOTION for Reconsideration and Oral Argument.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
December 3, 2010 Filing 1352 MOTION for Reconsideration and Oral Argument. Document filed by Huntleigh USA Corporation. Return Date set for 12/17/2010 at 05:00 PM.(Ross, Johnathan)
December 3, 2010 Filing 1351 DECLARATION of Gary W. Westerberg in Support re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Globe Aviation Services Corp.. (Westerberg, Gary)
December 3, 2010 Filing 1350 DECLARATION of Mary Schiavo in Opposition re: (1324 in 1:21-mc-00101-AKH) MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(Schiavo, Mary)
December 3, 2010 Filing 1349 REPLY MEMORANDUM OF LAW in Support re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Globe Aviation Services Corp.. (Westerberg, Gary)
December 2, 2010 Filing 1348 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Mary Schiavo dated 11/29/10 re: I am requesting that you grant permission for the entries to be formally sealed and to allow plaintiff's counsel to re-file my declaration with the correct redacted exhibits. ENDORSEMENT: I order: 1. Plaintiff shall re-file, nunc pro tunc, the pleading with redacted exhibits 3, 5, 6, 8, suitable for public filing. 2. The Clerk of Court shall accept such pleading as substitute, and return the original pleading with full exhibits 3, 5, 6, 8 to plaintiff's counsel. (Signed by Judge Alvin K. Hellerstein on 12/2/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(rjm)
December 1, 2010 Filing 1347 AFFIDAVIT of Service in Support re: 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
December 1, 2010 Filing 1346 REPLY MEMORANDUM OF LAW in Support re: 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
December 1, 2010 Opinion or Order Filing 1345 ORDER DENYING HUNTLEIGH'S MOTIONS TO DISMISS OR STAY ACTIONS. Defendants Huntleigh USA Corp. ("Huntleigh") and its parent company, ICTS International N.V. ("ICTS"), move under Federal Rule of Civil Procedure 12(b)(1) to dismiss the three remaining lawsuits against them, or in the alternative to stay the suits against them pending the WTCP Plaintiffs' appeal of my approval of the property-damage settlements between the Aviation Defendants and the Property Damage Plaintiffs. The motions are denied. The Clerk shall mark the motions (Doc Nos. 1328 & 1332) terminated. denying (1328) Motion to Dismiss; denying (1332) Motion to Dismiss in case 1:21-mc-00101-AKH. (Signed by Judge Alvin K. Hellerstein on 12/1/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH (rjm)
December 1, 2010 Opinion or Order Filing 1344 ORDER REGULATING PROCEEDINGS. The parties are directed to submit briefing on the issue whether this Court possesses subject-matter jurisdiction to hear their underlying dispute. Each party shall submit a single brief, no longer than 10 pages, by December 20, 2010, at 4:00 p.m. The parties shall appear for oral argument on this issue on January 4, 2011, at 4:00 p.m. (Brief due by 12/20/2010. Oral Argument set for 1/4/2011 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/1/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:10-cv-03036-AKH(rjm)
November 24, 2010 Filing 1343 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the respective parties hereto, that the claims of Plaintiff Mary Bavis, individually and as personal representative of the Estate of Mark Bavis, ("Plaintiff") against defendant The Boeing Company ("Boeing") contained in all operative complaints, including without limitation the Second Amended Complaint for Wrongful Death and Survival in Case No. 02-CV-7154 (AKH), dated January 14, 2004 and the Plaintiffs' Fourth Amended Flight 175 Master Liability Complaint in Case No. 21 MC 97, dated September 14, 2007, are hereby dismissed with prejudice and without costs to either party as against the other. (Signed by Judge Alvin K. Hellerstein on 11/24/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(rjm)
November 24, 2010 Filing 1342 MEMORANDUM OF LAW in Opposition re: (1332 in 1:21-mc-00101-AKH) MOTION to Dismiss., (1328 in 1:21-mc-00101-AKH) MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
November 23, 2010 Filing 1341 AFFIDAVIT OF SERVICE of Plaintiff's Memorandum of Law in Opposition re: 1324 Motion to Enforce Litigation Agreement and for Dismissal of Claims Asserted in Bavis Action Against Globe Aviation Services Corporation served on All Parties on 11/23/10. Document filed by Mary Bavis. (Schiavo, Mary)
November 23, 2010 Filing 1340 DECLARATION of Mary Schiavo in Opposition re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Mary Bavis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Schiavo, Mary)
November 23, 2010 Filing 1339 MEMORANDUM OF LAW in Opposition re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Mary Bavis. (Schiavo, Mary)
November 23, 2010 Filing 1338 CERTIFICATE OF SERVICE of Plaintiff's Memorandum of Law in Opposition re: Motions to Dismiss 1328 & 1332 served on All Parties on November 23, 2010. Document filed by Mary Bavis. (Schiavo, Mary)
November 23, 2010 Filing 1337 MEMORANDUM OF LAW in Opposition re: 1332 MOTION to Dismiss., 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Mary Bavis. (Attachments: # 1 Affidavit of Vince Parrett, # 2 Exhibit 1, # 3 Exhibit 2)(Schiavo, Mary)
November 17, 2010 Filing 1336 TRANSCRIPT of proceedings held on November 8, 2010 4:45 p.m. before Judge Alvin K. Hellerstein. (ajc)
November 17, 2010 Filing 1335 TRANSCRIPT of proceedings held on 10/20/10, 11:30 a.m. before Judge Alvin K. Hellerstein. (rjm)
November 17, 2010 Filing 1334 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated November 15, 2010, the settlement is approved; final judgment is entered dismissing the case; Ellen Mariani's motion to intervene under Federal Rule 24(a) is denied; and Ransmeier's motion under Federal Rule 11 is denied; accordingly, in 03 Civ. 6940, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/17/10) (Attachments: # 1 notice of right to appeal)(ml)
November 15, 2010 Transmission to Judgments and Orders Clerk. Transmitted re: (1333 in 1:21-mc-00101-AKH, 1333 in 1:21-mc-00101-AKH, 1333 in 1:21-mc-00101-AKH, 1333 in 1:21-mc-00101-AKH, 84 in 1:03-cv-06940-AKH, 84 in 1:03-cv-06940-AKH, 84 in 1:03-cv-06940-AKH, 84 in 1:03-cv-06940-AKH) Order on Motion for Settlement,,,,,,,, Order on Motion for Sanctions,,,,,,,, Order on Motion to Authorize,,,,,,,,,,,,,,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jfe)
November 15, 2010 Opinion or Order Filing 1333 ORDER APPROVING SETTLEMENT, DENYING MOTION TO INTERVENE AND DENYING SANCTIONS: I have reviewed the terms of the settlement agreement and I find them to be fair and reasonable. Also, the other parties with standing to object to the settlement, the WTCP Plaintiffs and the collective Property Damage Plaintiffs, have consented to it. I therefore approve the settlement. The settlement amount shall apply to Defendants' liability cap under ATSSSA 408(a)(I). The Clerk shall issue final judgment dismissing the case. Ellen Mariani's motion to intervene under Federal Rule 24(a) is denied. I have already ruled that Ms. Mariani has no interest to justify intervention because her complaints belong before the New Hampshire Probate Court. Order Denying Motion of Ellen Mariani to Reopen and Intervene and for Joinder as Co-Plaintiff, 03 Civ. 6940 (21 MC 97), Doc. No. 38 (S.D.N.Y. Nov. 5,2007). The Second Circuit affirmed. N.S. Windows, LLC v. Minoru Yamasaki Assocs., Inc., 351 F. App'x 461, 467-68 (2d Cir. 2009). Ms. Mariani's new motion suffers the same fatal flaw. There is no basis to reconsider my previous determination. Ransmeier's motion under Federal Rule 11 is denied. Ransmeier rightly notes that Leichty has submitted papers on Ellen Mariani's behalf after I twice denied him admission pro hac vice, and that his papers rehash arguments that have been squarely rejected, both here and in the Second Circuit. But sanctions are strong medicine and are not needed at this time, especially since the lawsuit is now over. If subsequent developments render reconsideration appropriate, Ransmeier may bring this motion again. In 03 Civ. 6940, the Clerk shall mark the motions (Doc. Nos. 68, 74, 79) terminated and the case closed. In 21 MC 101, the Clerk shall mark the motion (Doc. No. 1316) terminated.. (Signed by Judge Alvin K. Hellerstein on 11/15/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(jfe)
November 12, 2010 Filing 1332 MOTION to Dismiss. Document filed by ICTS International NV. (Attachments: # 1 Affidavit Declaration in support of motion to dismiss remaining claims as against ICTS International, N.V., # 2 Affidavit Affidavit of Service)(Robbins, Jon)
November 10, 2010 Filing 1331 AFFIDAVIT of SERVICE in Support re: 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
November 10, 2010 Filing 1330 DECLARATION of Charles R. Eskridge III in Support re: 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Huntleigh USA Corporation. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 2, # 4 Exhibit 3 - Part 1, # 5 Exhibit 3 - Part 2, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Ross, Johnathan)
November 10, 2010 Filing 1329 MEMORANDUM OF LAW in Support re: 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal.. Document filed by Huntleigh USA Corporation. (Ross, Johnathan)
November 10, 2010 Filing 1328 MOTION to Dismiss Remaining Claims Against It, or in the Alternative, to Stay Action During Pendency of Settlement Appeal. Document filed by Huntleigh USA Corporation. Responses due by 11/24/2010(Ross, Johnathan)
November 9, 2010 Filing 1327 AFFIDAVIT OF SERVICE of (1324) Motion to Enforce Litigation Agreement and for Dismissal of Claims Asserted in Bavis ActionAgainst Globe Aviation Services Corporation on November 9, 2010. Document filed by Globe Aviation Services Corp.. (Westerberg, Gary)
November 9, 2010 Filing 1326 DECLARATION of Gary W. Westerberg in Support re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Globe Aviation Services Corp.. (Attachments: # 1 Exhibit A to G, # 2 Exhibit H to N)(Westerberg, Gary)
November 9, 2010 Filing 1325 MEMORANDUM OF LAW in Support re: 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation.. Document filed by Globe Aviation Services Corp.. (Westerberg, Gary)
November 9, 2010 Filing 1324 MOTION to Enforce Litigation Agreement and for Dismissal of Claims Asserted In Bavis Action Against Globe Aviation Services Corporation. Document filed by Globe Aviation Services Corp..(Westerberg, Gary)
November 5, 2010 Filing 1323 TRANSCRIPT of proceedings held on 10/20/10, 11:30 a.m. before Judge Alvin K. Hellerstein. (rjm)
October 26, 2010 Opinion or Order Filing 1322 ORDER DENYING MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEALS UNDER 28 U.S.C. 1292(b): The WTCP Plaintiffs move to certify several previous orders for interlocutory appeal under 28 U.S.C. 1292(b). I previously denied this motion in my order of September 30, 2009. I now deny it again. The Clerk shall mark the motion (Doc. No. 1300) terminated. (Signed by Judge Alvin K. Hellerstein on 10/26/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jfe)
October 25, 2010 Filing 1319 AFFIDAVIT OF SERVICE of Motion on 10/25/2010. Document filed by UAL Corporation, United Air Lines, Inc.. (Sexton, Brian)
October 25, 2010 Filing 1318 DECLARATION of Jeffrey J. Ellis in Support re: 1316 MOTION for Settlement.. Document filed by UAL Corporation, United Air Lines, Inc.. (Attachments: # 1 Exhibit)(Sexton, Brian)
October 25, 2010 Filing 1317 MEMORANDUM OF LAW in Support re: 1316 MOTION for Settlement.. Document filed by UAL Corporation, United Air Lines, Inc.. (Sexton, Brian)
October 25, 2010 Filing 1316 MOTION for Settlement. Document filed by UAL Corporation, United Air Lines, Inc..(Sexton, Brian)
October 22, 2010 Set/Reset Deadlines: Brief due by 11/2/2010. (lnl)
October 22, 2010 Opinion or Order Filing 1321 ORDER GRANTING PARTIAL RELIEF FROM JOINT STIPULATION FOR ACCELERATED BRIEFING, the WTCP Plaintiffs move for relief from a joint stipulation entered into with the Aviation Defendants under my order of September 21, 2010. The motion is granted to a limited extent. I cannot grant the WTCP Plaintiffs' requested relief. To allow the WTCP Plaintiffs to put off filing their opening brief until after the Aviation Defendants' motion is decided could undermine the speediness I deemed necessary to provide fairness to all those involved with the settlement. The Motions Panel is not obligated to render a decision on the Aviation Defendants' motion to dismiss at any particular time, and it may well refer the matter to the Argument Panel, who will hear oral argument and render a decision in its own time. However, a short enlargement of time is appropriate to avoid prejudice to the WTCP Plaintiffs. I therefore will enlarge the date the WTCP Plaintiffs must file their opening brief from October 29, 2010, to November 2, 2010. All subsequent dates in the stipulation shall be enlarged by two business days. This Order is subject to review and revision by the Second Circuit, including its Staff Counsel. The WTCP Plaintiffs should proceed to brief their entire array of consolidated cases. Should the Second Circuit decide the motion to dismiss in the Aviation Defendants' favor, the WTCP Plaintiffs can inform the Argument Panel that those two appeals are no longer before it. Should the WTCP Plaintiffs prevail, they will have already prepared and filed a complete opening brief. (Signed by Judge Alvin K. Hellerstein on 10/22/2010) (lnl)
October 22, 2010 Opinion or Order Filing 1320 ORDER REGULATING PROCEEDINGS: The Bavis trial will go forward without consolidation with any other pending trial in the 21 MC 101 Master Calendar, including the cases docketed 08 Civ. 3719 and 08 Civ. 3722. It will be a single trial covering all issues ofliability and damages. By November 20, 2010, Plaintiff shall create a narrative of relevant historical facts to be read to the jury. By December 10, 2010, Defendants collectively shall produce a counter-narrative. Ready for Trial by 6/13/2011. Final Pretrial Conference set for 5/16/2011 at 10:00 AM before Judge Alvin K. Hellerstein. Status Conference set for 2/4/2011 at 02:15 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 10/22/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07145-AKH(jpo)
October 21, 2010 Filing 1315 DECLARATION of Thomas A. Egan in Support re: (124 in 1:08-cv-03719-AKH) EMERGENCY MOTION to Set Aside Seeking Relief from Order.. Document filed by World Trade Center Properties LLC.. (Attachments: # 1 Exhibit A to Egan Declaration, # 2 Exhibit B to Egan Declaration, # 3 Exhibit C to Egan Declaration, # 4 Exhibit D to Egan Declaration)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
October 21, 2010 Filing 1314 EMERGENCY MOTION to Set Aside Seeking Relief from Order. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
October 15, 2010 Filing 1313 REPLY MEMORANDUM OF LAW in Support re: (116 in 1:08-cv-03719-AKH) MOTION for Certificate of Appealability.. Document filed by 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
October 14, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (99 in 1:08-cv-09146-AKH, 1312 in 1:21-mc-00101-AKH) Notice of Appeal,. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
October 14, 2010 Transmission of Notice of Appeal to the District Judge re: (99 in 1:08-cv-09146-AKH, 1312 in 1:21-mc-00101-AKH) Notice of Appeal,. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
October 14, 2010 Filing 1312 NOTICE OF APPEAL from (97 in 1:08-cv-09146-AKH, 1305 in 1:21-mc-00101-AKH) Clerk's Judgment, (1296 in 1:21-mc-00101-AKH, 96 in 1:08-cv-09146-AKH,)Summary order granting Defendants' Motion to Dismiss. Document filed by Cedar & Washington Associates, LLC.. Filing fee $ 455.00, receipt number E 917334. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(nd)
October 13, 2010 Opinion or Order Filing 1311 ORDER DENYING MOTION IN LIMINE TO EXCLUDE EXPERT REPORT in case 1:04-cv-07318-AKH; denying (1238) Motion in Limine in case 1:21-mc-00101-AKH. For this reason, American's motion in limine is denied. The Clerk shall mark the present motion (Doc. No. 1238) terminated. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/13/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(jmi)
October 12, 2010 Filing 1310 AFFIDAVIT OF SERVICE of Settling Plaintiffs' Opposition to WTC Properties Plaintiffs' Motion for 28 U.S.C. 1292(b) Certification served on Desmond T. Barry, Victoria Turchetti (Liaison Counsel for Aviation Defendants); Richard A. Williamson, M. Bradford Stein (Counsel for Plaintiffs WTC Properties, LLC et. al); John F. Stoviak (Counsel for Cantor Fitzgerald Plaintiffs); Jay B. Spievack (Counsel for Plaintiff Cedar & Washington Associates, LLC); Donald A. Migliori (Co-Liaison Counsel for Wrongful Death and Personal Injury Plaintiffs); Katherine L. Pringle (Liaison Counsel for WTC7 Ground Defendants); Sarah S. Normand (U.S. Attorneys' Office); All Plaintiffs' Counsel on 10/12/10. Service was made by EMAIL. Document filed by Certain Underwriters at Lloyd's Comprising Syndicates No. 33,1003,2003,1208,1243,0376. (Shafer, Jennifer)
October 12, 2010 Filing 1309 MEMORANDUM OF LAW in Opposition re: 1300 MOTION for Certificate of Appealability.. Document filed by Certain Underwriters at Lloyd's Comprising Syndicates No. 33,1003,2003,1208,1243,0376. (Shafer, Jennifer)
October 8, 2010 Filing 1308 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
October 8, 2010 Filing 1307 DECLARATION of Desmond T. Barry, Jr. in Opposition re: (117 in 1:08-cv-03722-AKH, 116 in 1:08-cv-03719-AKH, 1300 in 1:21-mc-00101-AKH) MOTION for Certificate of Appealability.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
October 8, 2010 Filing 1306 MEMORANDUM OF LAW in Opposition re: (117 in 1:08-cv-03722-AKH, 116 in 1:08-cv-03719-AKH, 1300 in 1:21-mc-00101-AKH) MOTION for Certificate of Appealability.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
September 30, 2010 Filing 1305 CLERK'S JUDGMENT That for the reasons stated in the Court's Summary Order dated September 21, 2010, defendants' motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/30/10) (Attachments: # 1 notice of right to appeal)(ml)
September 30, 2010 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for Case Designation, (, 7 in 1:02-cv-07328-AKH, 3 in 1:02-cv-07328-AKH, 6 in 1:02-cv-07328-AKH, 2 in 1:02-cv-07328-AKH, 11 in 1:02-cv-07328-AKH, 11 in 1:02-cv-07328-AKH, 8 in 1:02-cv-07328-AKH, 4 in 1:02-cv-07328-AKH, 4 in 1:02-cv-07328-AKH, 13 in 1:02-cv-07328-AKH, 16 in 1:02-cv-07328-AKH, 16 in 1:02-cv-07328-AKH, 5 in 1:02-cv-07328-AKH, 12 in 1:02-cv-07328-AKH, 12 in 1:02-cv-07328-AKH, 14 in 1:02-cv-07328-AKH, 10 in 1:02-cv-07328-AKH, 15 in 1:02-cv-07328-AKH, 13 in 1:02-cv-07328-AKH, 1 in 1:02-cv-07328-AKH, 192 in 1:21-mc-00101-AKH2384064) Order, (209 in 1:21-mc-00101-AKH) Endorsed Letter, (1256 in 1:21-mc-00101-AKH) Stipulation and Order, (62 in 1:02-cv-07188-AKH, 122 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion, filed by AMEC, PLC, (809 in 1:21-mc-00101-AKH, 197 in 1:02-cv-07188-AKH) Declaration in Support,,, filed by The Port Authority of New York & New Jersey, (735 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion filed by American Airlines, Inc., AMR Corporation, (804 in 1:21-mc-00101-AKH, 192 in 1:02-cv-07188-AKH) Declaration in Support, filed by The Port Authority of New York & New Jersey, (91 in 1:21-mc-00101-AKH) Order, (832 in 1:21-mc-00101-AKH) Order,,, (46 in 1:21-mc-00101-AKH) Order,, (603 in 1:21-mc-00101-AKH) MOTION to Strike Document No. (505) Exhibits to Barry Declaration and the Gokhale Declaration. MOTION to Strike Document No. (505) Exhibits to Barry Declaration and the Gokhale Declaration. MOTION to Strike Document No. (505) Exhibits to Barry Declaration and the Gokhale Declaration. filed by 4 World Trade Center, L.L.C., 4 World Trade Center LLC, 3 World Trade Center L.L.C., 3 World Trade Center LLC, 2 World Trade Center, L.L.C., 2 World Trade Center LLC, 1 World Trade Center L.L.C., 1 World Trade Center LLC, World Trade Center Properties LLC., World Trade Center Properties LLC, World Trade Center Properties, L.L.C., (1182 in 1:21-mc-00101-AKH) Declaration in Support of Motion, filed by American Airlines, Inc., AMR Corporation, (500 in 1:21-mc-00101-AKH) Certificate of Service Other filed by Great Lakes Reinsurance (UK) PLC, (398 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion filed by UAL Corporation, United Air Lines, Inc., (797 in 1:21-mc-00101-AKH) Rule 56.1 Statement filed by Allianz Global Risks US Insurance Company, (61 in 1:02-cv-07328-AKH, 895 in 1:21-mc-00101-AKH, 233 in 1:02-cv-07188-AKH) Declaration in Support of Motion, filed by The Port Authority of New York and New Jersey, The Port Authority of New York & New Jersey, (621 in 1:21-mc-00101-AKH) Declaration in Support of Motion, filed by Certain Underwriters at Lloyds, (Syndicates 1225 and 1511), (1248 in 1:21-mc-00101-AKH) MOTION For an Order Requiring WTCP to Post an Appeal Bond. filed by Industrial Risk Insurers, (287 in 1:21-mc-00101-AKH) Notice of Change of Address filed by The Port Authority of New York & New Jersey, (1060 in 1:21-mc-00101-AKH, 81 in 1:02-cv-07328-AKH, 260 in 1:02-cv-07188-AKH) Rule 56.1 Statement filed by Salomon Inc., Salomon Smith Barney Holdings, Inc., Citigroup Global Markets Holdings Inc., Citigroup, Inc., (224 in 1:02-cv-07188-AKH, 886 in 1:21-mc-00101-AKH, 52 in 1:02-cv-07328-AKH) MOTION for Summary Judgment. filed by The Port Authority of New York and New Jersey, The Port Authority of New York & New Jersey, (779 in 1:21-mc-00101-AKH) Declaration in Opposition to Motion,,,, filed by 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, World Trade Center Properties LLC, (98 in 1:21-mc-00101-AKH) Judgment, (513 in 1:21-mc-00101-AKH, 130 in 1:02-cv-07188-AKH) Endorsed Letter,, (481 in 1:21-mc-00101-AKH) Stipulation and Order, (1149 in 1:21-mc-00101-AKH) Endorsed Letter,,, (461 in 1:21-mc-00101-AKH) Answer to Complaint filed by UAL Corporation, United Air Lines, Inc., (730 in 1:21-mc-00101-AKH) Order, (412 in 1:21-mc-00101-AKH) Judgment, (757 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion filed by American Airlines, Inc., AMR Corporation, (944 in 1:21-mc-00101-AKH) Declaration in Support of Motion,,, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (286 in 1:21-mc-00101-AKH) Judgment, (65 in 1:02-cv-07328-AKH, 951 in 1:21-mc-00101-AKH, 239 in 1:02-cv-07188-AKH) Counter Statement to Rule 56.1, filed by Salomon Smith Barney Holdings Inc., Citigroup Inc., Salomon Inc., Salomon Smith Barney Holdings, Inc., Citigroup Global Markets Holdings Inc., Citigroup, Inc., (452 in 1:21-mc-00101-AKH) Answer to Complaint filed by ICTS International NV, (1007 in 1:21-mc-00101-AKH) Affidavit of Service Other, filed by UAL Corporation, United Air Lines, Inc., (672 in 1:21-mc-00101-AKH) Judgment, (126 in 1:21-mc-00101-AKH, 66 in 1:02-cv-07188-AKH) Memorandum of Law in Support of Motion, filed by AMEC, PLC, (548 in 1:21-mc-00101-AKH) Judgment, (1211 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion,, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (811 in 1:21-mc-00101-AKH, 811 in 1:21-mc-00101-AKH, 199 in 1:02-cv-07188-AKH, 199 in 1:02-cv-07188-AKH) Affidavit in Support,,,,,,, Declaration in Support,,,,,, filed by The Port Authority of New York & New Jersey, (301 in 1:21-mc-00101-AKH) Order, (211 in 1:02-cv-07188-AKH, 830 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion, filed by The Port Authority of New York & New Jersey, (724 in 1:21-mc-00101-AKH, 174 in 1:02-cv-07188-AKH) MOTION for Summary Judgment Dismissing All Subrogation Claims. filed by 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, (985 in 1:21-mc-00101-AKH) Rule 56.1 Statement filed by American Airlines, Inc., AMR Corporation, (690 in 1:21-mc-00101-AKH, 690 in 1:21-mc-00101-AKH) Stipulation and Order,,, Set Deadlines,, (256 in 1:02-cv-07188-AKH, 77 in 1:02-cv-07328-AKH, 1012 in 1:21-mc-00101-AKH) Declaration in Support of Motion,, filed by The Port Authority of New York and New Jersey, The Port Authority of New York & New Jersey, (849 in 1:21-mc-00101-AKH) Order,,, (686 in 1:21-mc-00101-AKH) Order,,,,,,,,,, (255 in 1:21-mc-00101-AKH) MOTION to enter final judgment and rule that the ATSSSA limitation applies. filed by Huntleigh USA Corporation, UAL Corporation, United Air Lines, Inc., (225 in 1:21-mc-00101-AKH) Declaration in Support of Motion, filed by American Airlines, Inc., AMR Corporation, (59 in 1:02-cv-07188-AKH, 119 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion, filed by AMEC, PLC, (356 in 1:21-mc-00101-AKH) Response filed by World Trade Center Properties LLC, (1236 in 1:21-mc-00101-AKH) Affirmation in Support of Motion,, filed by American Airlines, Inc., AMR Corporation, (873 in 1:21-mc-00101-AKH) Memorandum & Opinion,,, (435 in 1:21-mc-00101-AKH) Judgment, (93 in 1:21-mc-00101-AKH, 93 in 1:21-mc-00101-AKH) Order,,, Set Deadlines/Hearings,, (652 in 1:21-mc-00101-AKH) Affidavit of Service Other filed by American Airlines, Inc., AMR Corporation, (113 in 1:02-cv-07188-AKH, 335 in 1:21-mc-00101-AKH) Stipulation and Order of Dismissal,,, (728 in 1:21-mc-00101-AKH, 177 in 1:02-cv-07188-AKH) Memorandum of Law in Support of Motion,,, filed by 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, (1180 in 1:21-mc-00101-AKH) Reply Memorandum of Law in Support of Motion, filed by American Airlines, Inc., AMR Corporation, (63 in 1:02-cv-07328-AKH, 949 in 1:21-mc-00101-AKH, 237 in 1:02-cv-07188-AKH) Memorandum of Law,,,, filed by Salomon Smith Barney Holdings Inc., Citigroup Inc., Salomon Inc., Salomon Smith Barney Holdings, Inc., Citigroup Global Markets Holdings Inc., Citigroup, Inc., (1261 in 1:21-mc-00101-AKH) MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs. filed by American Airlines, Inc., AMR Corporation, (117 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion, filed by AMEC, PLC, (968 in 1:21-mc-00101-AKH, 968 in 1:21-mc-00101-AKH) Memo Endorsement,,, Terminate Motions,, (441 in 1:21-mc-00101-AKH) Declaration in Support of Motion,, filed by American Airlines, Inc., AMR Corporation, (1010 in 1:21-mc-00101-AKH) Order on Motion to Appear Pro Hac Vice, (687 in 1:21-mc-00101-AKH) Endorsed Letter, (430 in 1:21-mc-00101-AKH) Declaration in Support of Motion,, filed by American Airlines, Inc., AMR Corporation, (1155 in 1:21-mc-00101-AKH, 1155 in 1:21-mc-00101-AKH) Order,,,,,, Set Deadlines/Hearings,,,,, (250 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion filed by U.S. Airways Group, Inc., US Airways Inc., (1077 in 1:21-mc-00101-AKH) Endorsed Letter,,, (1019 in 1:21-mc-00101-AKH) Declaration in Support of Motion,, filed by American Airlines, Inc., Massachusetts Port Authority, AMR Corporation, (109 in 1:02-cv-07188-AKH, 328 in 1:21-mc-00101-AKH) Reply Memorandum of Law in Support of Motion filed by Aegis Insurance Services, Inc., (1270 in 1:21-mc-00101-AKH) Reply Memorandum of Law in Support of Motion filed by American Airlines, Inc., AMR Corporation, (593 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion filed by 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, World Trade Center Properties LLC, (332 in 1:21-mc-00101-AKH) Letter, filed by World Trade Center Properties LLC, (584 in 1:21-mc-00101-AKH) Stipulation and Order of Dismissal,, (588 in 1:21-mc-00101-AKH) Declaration in Support of M
September 30, 2010 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (266 in 1:02-cv-07188-AKH, 86 in 1:02-cv-07328-AKH, 1303 in 1:21-mc-00101-AKH) Notice of Appeal,. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH, 1:02-cv-07328-AKH(nd)
September 30, 2010 Transmission of Notice of Appeal to the District Judge re: 1303 Notice of Appeal,. (nd)
September 29, 2010 Filing 1304 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from W. Mark Wood dated 9/28/2010 re: Requesting the removal of former O'Melveny & Myers LLP attorney Samantha L. H. Cassetta as counsel of record in the following individual actions from the above captioned consolidated matter: 04cv6848, 04cv7240, 04cv7241, and 04cv7246. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/29/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-06848-AKH, 1:04-cv-07240-AKH, 1:04-cv-07241-AKH, 1:04-cv-07246-AKH(jpo)
September 29, 2010 Filing 1303 NOTICE OF APPEAL from (265 in 1:02-cv-07188-AKH, 85 in 1:02-cv-07328-AKH, 1282 in 1:21-mc-00101-AKH) Order & Opinion,. Document filed by The Port Authority of New York & New Jersey. Filing fee $ 455.00, receipt number E 916419. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH, 1:02-cv-07328-AKH(nd)
September 28, 2010 Filing 1302 MEMORANDUM OF LAW in Support re: (116 in 1:08-cv-03719-AKH) MOTION for Certificate of Appealability.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., World Trade Center Properties LLC.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 28, 2010 Filing 1301 DECLARATION of Thomas A. Egan, Esq. in Support re: (116 in 1:08-cv-03719-AKH) MOTION for Certificate of Appealability.. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., World Trade Center Properties LLC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 28, 2010 Filing 1300 MOTION for Certificate of Appealability. Document filed by World Trade Center Properties LLC, 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., World Trade Center Properties, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., World Trade Center Properties LLC..Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Egan, Thomas)
September 27, 2010 Opinion or Order Filing 1299 ORDER DENYING UNINSURED LOSS PLAINTIFFS MOTION FOR EARLY DISBURSEMENT OF SETTLEMENT FUNDS: At a proceeding held August 25, 2010, the Aviation Defendants agreed to make these early disbursements but only if the WTCP Plaintiffs agreed to drop the Uninsured Loss Plaintiffs from the appeal. The WTCP Plaintiffs have declined to do so. To require the WTCP Plaintiffs to drop a party from their appeal, or to make the Aviation Defendants pay early disbursements without the WTCP Plaintiffs' cooperation, would be inappropriate and without legal basis. I therefore deny the Uninsured Loss Plaintiffs' request for early disbursement of funds, but condition that denial on the following, in the interests of serving the rights of all parties. The parties to the appeal shall enter into a binding accelerated briefing schedule in the Second Circuit. The schedule shall require appellants to perfect their appeal and file an opening brief by the end of October; appellees to file their brief by the end of November; and appellants to file their reply brief within fifteen days thereafter. The parties shall also request the earliest possible argument date. The briefing schedule shall be filed in the Second Circuit within seven days from today, and a copy shall be filed with me at the same time. (Signed by Judge Alvin K. Hellerstein on 9/27/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jfe)
September 27, 2010 Opinion or Order Filing 1298 ORDER DENYING MOTION TO INTERVENE: Intervenor-plaintiff TIG Insurance Company ("TIG") moves to intervene in the above-captioned cases under Federal Rule of Civil Procedure 24, either as of right or discretion. TIG's motion to intervene is denied. The Clerk shall mark the motion (Doc. No. 1242) terminated. (Signed by Judge Alvin K. Hellerstein on 9/27/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jfe)
September 23, 2010 Filing 1297 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Clifford dated 9/22/10 re: I write in my capacity as Liaison Counsel for the Property Damage Plaintiffs Executive Committee in response to the letters to the Court resulting in the issuance of your September 20, 2010, Order Setting Status Conference. I write specifically on behalf of the Settling Plaintiffs. The Settling Plaintiffs are prepared to promptly file a Motion to Stay if so directed by the Court. Alternatively, we are prepared to attend the October 20th status conference and raise these issues at that time. ENDORSEMENT: These issues will be addressed, without need of further motion practice, at the pre-trial conference of October 20, 2010, 11:00 a.m. (Signed by Judge Alvin K. Hellerstein on 9/22/10) (jmi) Modified on 9/23/2010 (jmi).
September 22, 2010 Opinion or Order Filing 1296 SUMMARY ORDER GRANTING DEFENDANTS' MOTION TO DISMISS terminating (1043) Motion for Judgment; terminating (1046) Motion to Dismiss; terminating (1047) Motion to Dismiss in case 1:21-mc-00101-AKH; terminating (64) Motion for Judgment; terminating (67) Motion to Dismiss; terminating (68) Motion to Dismiss in case 1:08-cv-09146-AKH. For the reasons stated on the record, Defendants' motion to dismiss is granted. Accordingly the CERCLA claims are time-barred. Since Plaintiff's claims under CERCLA are denied, the claims for indemnification and contribution are denied as academic. The Clerk shall mark the motion (Doc. Nos. 64, 67, 68) terminated and the case closed (08-9146). (Signed by Judge Alvin K. Hellerstein on 9/21/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(cd)
September 22, 2010 Opinion or Order Filing 1295 ORDER DENYING UNINSURED LOSS PLAINTIFFS MOTION FOR EARLY DISBURSEMENT OF SETTLEMENT FUNDS....I therefore deny the Uninsured Loss Plaintiffs' request for early disbursement of funds, subject to the conditions that follow. The parties to the appeal shall enter into a binding accelerated briefing schedule in the Second Circuit, and as further set forth in this document. The briefing schedule shall be filed in the Second Circuit within seven days, and a copy shall be filed with me simultaneously. (Signed by Judge Alvin K. Hellerstein on 9/21/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(cd)
September 21, 2010 Filing 1294 LETTER addressed to Judge Alvin K. Hellerstein from Mary Shiavo dated 9/10/10 re: The Bavis plaintiffs request a status conference and a case management order for this case. Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH(cd)
September 20, 2010 Opinion or Order Filing 1293 ORDER SETTING STATUS CONFERENCE: In view of these various submissions, a status conference shall be held October 20, 2010, at 11:00am to plan for pretrial activities and to set a trial date. Depositions shall be complete by January 30, 2011. The Court shall hold a status conference on February 4, 2011, at 2:15pm to plan expert witness discovery, succeeding proceedings leading to trial, and relevant details concerning the mechanics of trial. (Signed by Judge Alvin K. Hellerstein on 9/20/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07154-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(jpo)
September 15, 2010 Filing 1292 SEALED DOCUMENT placed in vault.(nm)
September 15, 2010 Filing 1291 DECLARATION of John F. Stoviak, Esq. in Opposition re: 1238 MOTION in Limine to Exclude Plaintiff Cantor Fitzgerald's Proffered Expert Report on Damages.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-Part 1, # 4 Exhibit C-Part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Beidel, Jennifer)
September 15, 2010 Filing 1290 MEMORANDUM OF LAW in Opposition re: 1238 MOTION in Limine to Exclude Plaintiff Cantor Fitzgerald's Proffered Expert Report on Damages.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Certificate of Service)(Beidel, Jennifer)
September 15, 2010 Filing 1289 RULE 56.1 STATEMENT. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
September 15, 2010 Filing 1288 DECLARATION of John F. Stoviak, Esq. in Opposition re: 1234 MOTION for Partial Summary Judgment Dismissing Cantor Fitzgerald's Claims for Business Damages Resulting from the Deaths of its Employees.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J-Part 1, # 11 Exhibit J-Part 2, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T)(Beidel, Jennifer)
September 15, 2010 Filing 1287 MEMORANDUM OF LAW in Opposition re: 1234 MOTION for Partial Summary Judgment Dismissing Cantor Fitzgerald's Claims for Business Damages Resulting from the Deaths of its Employees.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Certificate of Service)(Beidel, Jennifer)
September 15, 2010 Opinion or Order Filing 1286 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jennifer L. Beidel dated 9/14/2010 re: The undersigned counsel represents and submits this letter on behalf of the Cantor Fitzgerald Plaintiffs. In light of the Cantor Fitzgerald Plaintiffs' Opposition Brief to Defendants American Airlines and AMR Corporation's Motion for Partial Summary Judgment, there are four exhibits that will need to be filed under seal tomorrow. We respectfully request that you grant Cantor Fitzgerald Plaintiffs' application for the above exhibits to be filed under seal in addition the exhibits previously filed under seal in the August 18, 2010 moving papers. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/14/2010) (jmi)
September 14, 2010 Filing 1285 TRANSCRIPT of proceedings held on August 25, 2010 3:15 p.m. before Judge Alvin K. Hellerstein. (ajc)
September 7, 2010 Filing 1284 REPLY MEMORANDUM OF LAW in Support re: 1242 MOTION to Intervene.. Document filed by TIG Insurance Company. (Gorelick, Michael)
September 3, 2010 Opinion or Order Filing 1283 STIPULATION AND ORDER: The above entitled action be dismissed in its entirety, with prejudice, and each party shall bear its own costs. (Signed by Judge Alvin K. Hellerstein on 9/3/2010) (jar) (jar).
September 1, 2010 Opinion or Order Filing 1282 ORDER AND OPINION RESOLVING MOTIONS FOR SUMMARY JUDGMENT ON THE PORT AUTHORITY'S CLAIMS FOR INDEMNIFICATION: #99380 For the reasons set out in this opinion, I grant summary judgment to Citigroup, dismissing the Port Authoritys third-party claims for indemnification. The Clerk shall mark the motions (Doc. Nos 886 and 948) as terminated. (Signed by Judge Alvin K. Hellerstein on 9/1/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:02-cv-07188-AKH, 1:02-cv-07328-AKH(jpo) Modified on 9/3/2010 (ajc).
September 1, 2010 Filing 1281 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry dated 8/31/2010 re: Requesting permission to file on DVD with the Clerk of the Court the exhibits to the Williamson Declaration. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/31/2010) (jpo)
August 31, 2010 Filing 1280 MEMO ENDORSEMENT denying (26) Motion for Summary Judgment in case 1:04-cv-01350-AKH; denying (24) Motion for Summary Judgment in case 1:04-cv-06788-AKH. ENDORSEMENT: Motion denied. Both the emergency doctrine and the zone of danger rule present issues of fact not appropriate to resolve on summary judgment. (Signed by Judge Alvin K. Hellerstein on 8/30/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-01350-AKH, 1:04-cv-06788-AKH(jpo)
August 31, 2010 Filing 1279 DECLARATION of Cathi A. Hession in Opposition re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit 143, # 2 Exhibit 144, # 3 Exhibit 145, # 4 Exhibit 146, # 5 Exhibit 147, # 6 Exhibit 148, # 7 Exhibit 149, # 8 Exhibit 151, # 9 Exhibit 152, # 10 Exhibit 153, # 11 Exhibit 154, # 12 Exhibit 155, # 13 Exhibit 156, # 14 Exhibit 157, # 15 Exhibit 158, # 16 Exhibit 159)(Barry, Desmond)
August 31, 2010 Filing 1278 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
August 31, 2010 Filing 1277 DECLARATION of Desmond T. Barry, Jr. in Opposition re: (100 in 1:08-cv-03722-AKH) MOTION to Intervene., (1242 in 1:21-mc-00101-AKH) MOTION to Intervene., (99 in 1:08-cv-03719-AKH) MOTION to Intervene.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
August 31, 2010 Filing 1276 MEMORANDUM OF LAW in Opposition re: (100 in 1:08-cv-03722-AKH) MOTION to Intervene., (1242 in 1:21-mc-00101-AKH) MOTION to Intervene., (99 in 1:08-cv-03719-AKH) MOTION to Intervene.. Document filed by AMR Corporation, American Airlines, Inc.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Barry, Desmond)
August 31, 2010 Filing 1275 DECLARATION of Terry Cummings in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A)(Barry, Desmond)
August 31, 2010 Filing 1274 MEMORANDUM OF LAW in Opposition re: 1242 MOTION to Intervene.. Document filed by World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. (Egan, Thomas)
August 31, 2010 Filing 1273 AFFIDAVIT of Richard A. Williamson in Opposition re: 1242 MOTION to Intervene.. Document filed by World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. (Egan, Thomas)
August 31, 2010 Filing 1272 MEMORANDUM OF LAW in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1271 DECLARATION of Robert A. Clifford in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barry, Desmond)
August 31, 2010 Filing 1270 REPLY MEMORANDUM OF LAW in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1269 DECLARATION of Desmond T. Barry, Jr. in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q)(Barry, Desmond)
August 31, 2010 Filing 1268 REPLY MEMORANDUM OF LAW in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1267 DECLARATION of Richard A. Williamson in Opposition re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1266 MEMORANDUM OF LAW in Opposition re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1265 AFFIDAVIT OF SERVICE. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1264 DECLARATION of Jonathan J. Ross in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1263 DECLARATION of Desmond T. Barry, Jr. in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Barry, Desmond)
August 31, 2010 Filing 1262 MEMORANDUM OF LAW in Support re: 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs.. Document filed by AMR Corporation, American Airlines, Inc.. (Barry, Desmond)
August 31, 2010 Filing 1261 MOTION to Approve the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond)
August 27, 2010 Filing 1260 NOTICE OF APPEARANCE by Alexandra Elizabeth Rigney on behalf of TIG Insurance Company (Rigney, Alexandra)
August 24, 2010 Opinion or Order Filing 1257 ORDER, Oral argument on Defendants' motion to dismiss will be heard on September 20, 2010 at 10:00 a.m. in Courtroom 14D. ( Oral Argument set for 9/20/2010 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.)(Signed by Judge Alvin K. Hellerstein on 08/20/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(ad)
August 24, 2010 Opinion or Order Filing 1256 STIPULATION AND ORDER, 1. The Amended Notice shall include the July 30 Order; 2. This Stipulation may be executed in counterparts by any of the signatories hereto, including by facsimile, each of which shall constitute a duplicate original, and as so executed shall constitute one agreement. (Signed by Judge Alvin K. Hellerstein on 08/20/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH, 1:08-cv-09146-AKH(ad)
August 24, 2010 Filing 1255 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Beth D. Jacob dated August 23, 2010 re: Requesting the Court's assistance in the removal from the public docket of a confidential Port Authority document, which was attached to motion papers filed by Con Edison in the above-captioned litigation, to which the Port Authority is not a party.. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 08/24/2010) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07272-AKH(ad)
August 23, 2010 Filing 1258 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Richard A. Williamson dated 08/20/2010 re: We write with respect to Your Honor's Order of August 17, 2010, setting a hearing for August 25, 2010. We are not available on August 25th (but could be available on another date next week), but in any event, it is our understanding that because the cases covered by the Order are closed on the Court's docket and are now on appeal to the Second Circuit, Your Honor no longer has jurisdiction over them. ENDORSEMENT: Notwithstanding the pending appeal, I retain jurisdiction over collateral matters. See Tancredi v. Metro Life Ins. Co., 378 F.3d 220, 225 (2d Cir. 2004). The hearing will go forward as scheduled. (Signed by Judge Alvin K. Hellerstein on 08/23/2010) (ad)
August 20, 2010 Opinion or Order Filing 1259 MEMO ENDORSED denying 1248 Motion for FOR AN ORDER REQUIRING WORLD TRADE CENTER PROPERTIES TO POST AN APPEAL BOND. Motion denied. There is little or no reason to believe that appellant could not or would not pay appellee's costs. I do not find any bad faith or vexatious conduct on appellant's part. See FRAP 7.(Signed by Judge Alvin K. Hellerstein on 8/20/2010) (jmi)
August 20, 2010 Filing 1253 DECLARATION of Robert A. Clifford in Support re: 1248 MOTION For an Order Requiring WTCP to Post an Appeal Bond.. Document filed by Industrial Risk Insurers. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I - Part One, # 10 Exhibit I - Part Two, # 11 Exhibit I - Part Three, # 12 Exhibit J, # 13 Exhibit K - Part One, # 14 Exhibit K - Part Two, # 15 Exhibit L)(Clifford, Robert)
August 19, 2010 Filing 1254 SEALED DOCUMENT placed in vault.(cb)
August 19, 2010 Filing 1252 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #1253) - DECLARATION of Robert A. Clifford in Support re: 1248 MOTION For an Order Requiring WTCP to Post an Appeal Bond.. Document filed by Industrial Risk Insurers. (Attachments: # 1 Exhibit, # 2 Exhibit)(Clifford, Robert) Modified on 8/24/2010 (lb).
August 19, 2010 Filing 1251 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #1253) - DECLARATION of Robert A. Clifford in Support re: 1248 MOTION For an Order Requiring WTCP to Post an Appeal Bond.. Document filed by Industrial Risk Insurers. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Clifford, Robert) Modified on 8/24/2010 (lb).
August 19, 2010 Filing 1250 AFFIDAVIT OF SERVICE. Document filed by Industrial Risk Insurers. (Clifford, Robert)
August 19, 2010 Filing 1249 MEMORANDUM OF LAW in Support re: 1248 MOTION For an Order Requiring WTCP to Post an Appeal Bond.. Document filed by Industrial Risk Insurers. (Clifford, Robert)
August 19, 2010 Filing 1248 MOTION For an Order Requiring WTCP to Post an Appeal Bond. Document filed by Industrial Risk Insurers.(Clifford, Robert)
August 19, 2010 Filing 1247 NOTICE of Motion for an Order Requiring WTCP to Post an Appeal Bond. Document filed by Industrial Risk Insurers. Filed In Associated Cases: 1:21-mc-00101-AKH et al.(Clifford, Robert)
August 19, 2010 Filing 1245 MEMORANDUM OF LAW in Support re: 1242 MOTION to Intervene.. Document filed by TIG Insurance Company. (Gorelick, Michael)
August 19, 2010 Filing 1244 DECLARATION of Charles G. Ehrlich in Support re: 1242 MOTION to Intervene.. Document filed by TIG Insurance Company. (Attachments: # 1 Exhibit 3)(Gorelick, Michael)
August 19, 2010 Filing 1243 DECLARATION of Michael E. Gorelick in Support re: 1242 MOTION to Intervene.. Document filed by TIG Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gorelick, Michael)
August 19, 2010 Filing 1242 MOTION to Intervene. Document filed by TIG Insurance Company.(Gorelick, Michael)
August 18, 2010 Filing 1246 TRANSCRIPT of proceedings held on July 30, 2010 before Judge Alvin K. Hellerstein. (jw)
August 18, 2010 Opinion or Order Filing 1241 ORDER REGULATING PROCEEDINGS: The WTCP Plaintiffs shall show cause on Wednesday, August 25, 2010, at 2:30 pm in Courtroom 14D, why (1) the Court should not provide that distribution of the settlement proceeds shall promptly be made to uninsured settling property damage plaintiffs who show hardship, as found by the court after notice to the parties, and (2) the parties to the pending appeal should not enter into a scheduling order providing for accelerated briefing of the appeal and requesting early determination by the Court of Appeals. (Show Cause Hearing set for 8/25/2010 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/17/10) (db)
August 18, 2010 Filing 1240 DECLARATION of Desmond T. Barry, Jr. in Support re: 1238 MOTION in Limine to Exclude Plaintiff Cantor Fitzgerald's Proffered Expert Report on Damages.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G)(Beidel, Jennifer)
August 18, 2010 Filing 1239 MEMORANDUM OF LAW in Support re: 1238 MOTION in Limine to Exclude Plaintiff Cantor Fitzgerald's Proffered Expert Report on Damages.. Document filed by AMR Corporation, American Airlines, Inc.. (Beidel, Jennifer)
August 18, 2010 Filing 1238 MOTION in Limine to Exclude Plaintiff Cantor Fitzgerald's Proffered Expert Report on Damages. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)(Beidel, Jennifer)
August 18, 2010 Filing 1237 RULE 56.1 STATEMENT. Document filed by AMR Corporation, American Airlines, Inc.. (Beidel, Jennifer)
August 18, 2010 Filing 1236 AFFIRMATION of Desmond T. Barry, Jr. in Support re: 1234 MOTION for Partial Summary Judgment Dismissing Cantor Fitzgerald's Claims for Business Damages Resulting from the Deaths of its Employees.. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit O, # 11 Exhibit P, # 12 Exhibit Q, # 13 Exhibit R, # 14 Exhibit S, # 15 Exhibit T, # 16 Exhibit U, # 17 Exhibit V, # 18 Exhibit W, # 19 Exhibit X)(Beidel, Jennifer)
August 18, 2010 Filing 1235 MEMORANDUM OF LAW in Support re: 1234 MOTION for Partial Summary Judgment Dismissing Cantor Fitzgerald's Claims for Business Damages Resulting from the Deaths of its Employees.. Document filed by AMR Corporation, American Airlines, Inc.. (Beidel, Jennifer)
August 18, 2010 Filing 1234 MOTION for Partial Summary Judgment Dismissing Cantor Fitzgerald's Claims for Business Damages Resulting from the Deaths of its Employees. Document filed by AMR Corporation, American Airlines, Inc.. (Attachments: # 1 Affidavit of Service)(Beidel, Jennifer)
August 17, 2010 Opinion or Order Filing 1233 ORDER RESOLVING 2(E) LETTER. I hold that all documents and information disputed in the 2(E) letter dated August 11, 2010 shall be redacted from the motion papers that will be publicly filed. (Signed by Judge Alvin K. Hellerstein on 8/17/10) (rjm)
August 16, 2010 Filing 1232 SEALED DOCUMENT placed in vault.(nm)
August 13, 2010 Filing 1231 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jay B. Spievack dated 8/10/10 re: We represent non-settling plaintiff Cedar & Washington Associates, LLC ("C&W") in the above-referenced action, and write in response to American Airlines, Inc. and AMR Corporation's (collectively, "American") August 9th letter sent on behalf of all of the CERCLA defendants, which responded to our August 5th letter. ENDORSEMENT: In light of the parties lack of consensus, a conference to discuss settlement negotiation would not be fruitful. I will revisit the issue after decision on the pending motions to dismiss. (Signed by Judge Alvin K. Hellerstein on 8/13/10) (rjm)
August 13, 2010 Filing 1230 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jennifer L. Beidel dated 8/9/10 re: The undersigned counsel has conferred with counsel for Defendants American Airlines, Inc. and AMR Corporation. Defendants take no position with respect to the proposed redactions and sealing requests made by the Cantor Fitzgerald Plaintiffs. ENDORSEMENT: So ordered. The parties are permitted to file motion papers in accordance with Cantor Fitzgerald's proposed sealing and redaction logs. (Signed by Judge Alvin K. Hellerstein on 8/13/10) (rjm)
August 11, 2010 Filing 1229 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, with prejudice against the defendant(s) AMR Corporation, American Airlines, Inc., Boeing Company, Burns International Security Services Corp., Burns International Services Corp., Colgan Air Inc., Delta Air Lines, Inc., Globe Aviation Services Corp., Huntleigh USA Corporation, ICTS International NV, Massachusetts Port Authority, Pinkerton's Inc., Securitas AB, U.S. Airways Group, Inc., UAL Corporation, US Airways Inc., United Air Lines, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by AMR Corporation, American Airlines, Inc..(Barry, Desmond)
August 9, 2010 Filing 1228 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Desmond T. Barry, Jr. dated 8/9/10 re: I write on behalf of the Aviation Defendants, the Settling Plaintiffs, the WTCP Plaintiffs and 7 World Trade Company, L.P. (collectively, the "parties") regarding the Court's July 28, 2010 endorsement granting the parties permission to submit by today a joint letter pursuant to Your Honor's Individual Rule 2(E) setting forth the parties' dispute concerning certain categories of the Aviation Defendants' and the Settling Plaintiffs' (collectively, the "Settling Parties") proposed redactions to the motion papers and the May 27, 2010 transcript related to the Settling Parties' joint motion for approval of their settlement. Due to scheduling conflicts of certain involved counsel, the parties respectfully request an extension until Wednesday, August 11, 2010 to submit their joint letter. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/9/10) (rjm)
August 9, 2010 Transmission of USCA Mandate/Order to the District Judge re: 1227 USCA Mandate,,,. (nd)
August 9, 2010 Filing 1227 MANDATE of USCA (Certified Copy) as to (1115 in 1:21-mc-00101-AKH, 64 in 1:03-cv-06940-AKH) Notice of Appeal, filed by Ellen Mariani USCA Case Number 10-1186-cv. Plaintiff-Appellee moves to dismiss the appeal and for expedited consideration of the motion. Plaintiff-Appellee's motion is construed as a motion for summary affirmance of the district court order under appeal. Upon due consideration, it is hereby ORDERED that the appeal is dismissed for lack of jurisdiction, as the denial of a motion for pro hac vice admission is not "final" within the meaning of 28 U.S.C. 1291. It is further ORDERED that the motion for expedited consideration is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/09/2010. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:03-cv-06940-AKH(nd)
August 9, 2010 Filing 1225 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from John F. Stoviak dated 8/3/10 re: The parties have agreed that Cantor will file its opposition to the motions on or before September 15, 2010 and that Moving Defendants may file reply briefs on or before October 6, 2010. In addition, regarding Moving Defendants' request to file the aforementioned motions and supporting materials under seal, the parties understand that the Court has declined this request and has instead asked that Cantor provide proposed redactions for all materials. Cantor intends to do so on or before August 9, 2010. ENDORSEMENT: So Ordered., (Replies due by 10/6/2010., Responses due by 9/15/2010) (Signed by Judge Alvin K. Hellerstein on 8/6/10) (rjm)
August 6, 2010 Filing 1226 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Lauren E. Chwastyk dated 8/5/10 re: I enclose a courtesy copy of Cantor Fitzgerald Plaintiffs' Notice of Withdrawal of Appearance for Jennifer L. Farer, Esq., along with a Certificate of Service, which were electronically filed today. ENDORSEMENT: So Ordered., Attorney Jennifer L. Farer terminated. (Signed by Judge Alvin K. Hellerstein on 8/6/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(rjm)
August 6, 2010 Filing 1224 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Terry Cummings dated 8/6/10 re: I respectfully request an opportunity to respond to Mr. Paul's affidavit by Monday, August 16, 2010. I also request permission to attach to our response copies of the affidavits and other materials that were provided to Mr. Paul, for the Court's in camera review. We had requested that Mr. Paul's clients maintain the confidentiality of the information provided because it contained details of the individual settlement amounts, which remains under seal, and because it contained private financial information concerning our clients, and that is the basis for our request that the Court's inspection be in camera. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/6/10) (rjm)
August 6, 2010 Filing 1223 AFFIDAVIT of Gerald G. Paul re: (1216 in 1:21-mc-00101-AKH) Order,. Document filed by World Trade Center Properties LLC, 1 World Trade Center L.L.C., 3 World Trade Center L.L.C., 7 World Trade Center Company, L.P., World Trade Center Properties LLC., 2 World Trade Center, L.L.C., 4 World Trade Center, L.L.C., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P.. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(Cohen, Jason)
August 5, 2010 Filing 1222 NOTICE of Withdrawal of Appearance of Jennifer L. Farer, Esq.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Beidel, Jennifer)
August 4, 2010 Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for (1208 in 1:21-mc-00101-AKH) Endorsed Letter, (1206 in 1:21-mc-00101-AKH, 94 in 1:08-cv-03722-AKH, 92 in 1:08-cv-03719-AKH) Order, (93 in 1:08-cv-03719-AKH, 1207 in 1:21-mc-00101-AKH, 95 in 1:08-cv-03722-AKH) Clerk's Judgment, (95 in 1:08-cv-03719-AKH, 1221 in 1:21-mc-00101-AKH, 97 in 1:08-cv-03722-AKH) Amended Notice of Appeal, filed by 7 World Trade Company, L.P., 4 World Trade Center LLC, 3 World Trade Center LLC, 2 World Trade Center LLC, 1 World Trade Center LLC, World Trade Center Properties LLC., (1216 in 1:21-mc-00101-AKH) Order, (1220 in 1:21-mc-00101-AKH, 1220 in 1:21-mc-00101-AKH) Memo Endorsement, Terminate Motions, (1217 in 1:21-mc-00101-AKH) Notice of Appearance filed by Port Authority Trans Hudson Corporation, (1212 in 1:21-mc-00101-AKH) Declaration in Support of Motion, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (1218 in 1:21-mc-00101-AKH) Affidavit of Service Other, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (94 in 1:08-cv-03719-AKH, 1209 in 1:21-mc-00101-AKH, 96 in 1:08-cv-03722-AKH) Clerk's Judgment, (1214 in 1:21-mc-00101-AKH) MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (1211 in 1:21-mc-00101-AKH) Memorandum of Law in Support of Motion, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (1205 in 1:21-mc-00101-AKH) Order on Motion to Approve, (1213 in 1:21-mc-00101-AKH) Affidavit of Service Other, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (1219 in 1:21-mc-00101-AKH) Endorsed Letter, (1210 in 1:21-mc-00101-AKH) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co., (1215 in 1:21-mc-00101-AKH) Brief, filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co. were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(tp)
July 30, 2010 Filing 1221 AMENDED NOTICE OF APPEAL re: (93 in 1:08-cv-03722-AKH, 1204 in 1:21-mc-00101-AKH, 91 in 1:08-cv-03719-AKH) Notice of Appeal, (1206 in 1:21-mc-00101-AKH, 94 in 1:08-cv-03722-AKH, 92 in 1:08-cv-03719-AKH) Order, (88 in 1:08-cv-03719-AKH, 1199 in 1:21-mc-00101-AKH, 90 in 1:08-cv-03722-AKH) Memorandum & Opinion. Document filed by World Trade Center Properties LLC., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P. Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-03719-AKH, 1:08-cv-03722-AKH(tp)
July 30, 2010 Filing 1220 MEMO ENDORSEMENT Re: NOTICE OF CANTOR FITZGERALD PLAINTIFFS' MOTION TO SHORTEN THE TIME PERIOD FOR DEFENDANTS AMERICAN AIRLINES, INC. AND AMR CORPORATIONS TO RESPOND TO PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' JULY 26, 2010 MOTION FOR LIMITED RELIEF AND FOR SANCTIONS. ENDORSEMENT: The Motion for Limited Relief and for Sanctions is denied since the issue raised is one that the Court has to decide, and the other issues have been resolved in mutually satisfactory fashion. Document 1214 is terminated. Motions terminated: (1214 in 1:21-mc-00101-AKH) MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. MOTION Shorten time to respond re: (1210) FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. filed by Cantor Fitzgerald Europe, Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald International, Cantor Fitzgerald L.P., CO2e.com, LLC, Espeed, Inc., Cantor Index Limited, eSpeed Securities, Inc., eSpeed Government Securities, Inc., Cantor Fitzgerald Brokerage, L.P., TradeSpark, L.P., Cantor Fitzgerald & Co. (Signed by Judge Alvin K. Hellerstein on 7/30/10) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-07318-AKH(rjm)
July 30, 2010 Filing 1219 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jay B. Spievack dated 7/29/2010 re: request that the Court modify its recent July 25, 2010 order to provide C&W and Cantor Fitzgerald with the same Rule 24 intervenor status as WTCP in the final order on the Joint Motion Approving the Settlement Agreement Among the Aviation Defendants and the Settling Plaintiffs. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 7/30/2010) (jar)
July 29, 2010 Opinion or Order Filing 1218 AFFIDAVIT OF SERVICE. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Text of Proposed Order)(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1217 NOTICE OF APPEARANCE by Kathleen Mary Collins on behalf of Port Authority Trans Hudson Corporation (Attachments: # 1 Affidavit Affidavit of Service)Filed In Associated Cases: 1:21-mc-00101-AKH, 1:04-cv-01350-AKH(Collins, Kathleen)
July 29, 2010 Opinion or Order Filing 1216 ORDER REGULATING PROCEEDINGS. The WTCP Plaintiffs shall submit to the Court the reasons for their objection to such early disbursements by August 6, 2010. Absent sufficient reasons, disbursements may be authorized. (Signed by Judge Alvin K. Hellerstein on 7/28/10) (rjm)
July 29, 2010 Opinion or Order Filing 1215 BRIEF re: 1214 MOTION Shorten time to respond re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. MOTION Shorten time to respond re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. MOTION Shorten time to respond re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief... Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1214 MOTION Shorten time to respond re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. Return Date set for 7/30/2010 at 09:00 AM. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1213 AFFIDAVIT OF SERVICE. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Text of Proposed Order)(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1212 DECLARATION of John F. Stoviak, Esq. in Support re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1211 MEMORANDUM OF LAW in Support re: 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief.. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc.. (Attachments: # 1 Unpublished Opinions)(Stoviak, John)
July 29, 2010 Opinion or Order Filing 1210 FIRST MOTION for Sanctions and to Strike American Airlines, Inc. and AMR Corporations July 26, 2010 Motion for Limited Relief. Document filed by CO2e.com, LLC, Cantor Fitzgerald & Co., Cantor Fitzgerald Associates, L.P., Cantor Fitzgerald Brokerage, L.P., Cantor Fitzgerald Europe, Cantor Fitzgerald International, Cantor Fitzgerald L.P., Cantor Fitzgerald Partners, Cantor Fitzgerald Securities, Cantor Index Limited, Espeed, Inc., TradeSpark, L.P., eSpeed Government Securities, Inc., eSpeed Securities, Inc..(Stoviak, John)
July 29, 2010 Opinion or Order