Altesca Inc. v. Sterling Power Opportunities, LLC
Counter Defendant: Altesca Inc.
Counter Claimant: Sterling Power Opportunities, LLC
Case Number: 1:2023cv00286
Filed: January 12, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2023 Opinion or Order Filing 20 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Friday, March 24, 2023, at 10:00 a.m. The settlement shall proceed by Microsoft Teams unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means. The Court will provide the Microsoft Teams information to the parties by email prior to the conference. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. Settlement Conference set for 3/24/2023 at 10:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 3/8/2023) (kv)
March 2, 2023 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Galway Sustainable Capital, Inc., Other Affiliate GSC Holdings LLC for Sterling Power Opportunities, LLC. Document filed by Sterling Power Opportunities, LLC..(Cogan, Harris)
March 1, 2023 Opinion or Order Filing 18 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/01/2023) (ama)
March 1, 2023 Opinion or Order Filing 17 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See28 U.S.C. 636(c). Amended Pleadings due by 5/8/2023. Joinder of Parties due by 5/8/2023. Deposition due by 6/26/2023. All Fact Discovery due by 6/26/2023. The partiesmay modify the dates contained in paragraphs 8(b) through 8(f), provided all fact discovery is completed by June 26, 2023. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. By May 8, 2023, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By July 10, 2023, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. A Pre-Motion Conference set for 7/26/2023 at 04:10 PM before Judge Lorna G. Schofield. To join the conference, the parties shall call (888) 363-4749 and use Access Code: 558-3333. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/01/2023) (ama)
March 1, 2023 Opinion or Order Filing 16 ORDER: It is hereby ORDERED that the March 8, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seeks to file a motion to dismiss, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to a settlement conference before Magistrate Judge Aaron is GRANTED. The referral will issue in a separate order. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 3/01/2023) (ama)
March 1, 2023 Filing 15 JOINT LETTER addressed to Judge Lorna G. Schofield from Gerry Silver dated March 1, 2023 re: in Advance of March 8, 2023 Conference. Document filed by Altesca Inc...(Silver, Gerald)
March 1, 2023 Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Altesca Inc...(Silver, Gerald)
February 24, 2023 Filing 13 ANSWER to #1 Complaint., COUNTERCLAIM against Altesca Inc.. Document filed by Sterling Power Opportunities, LLC..(Cogan, Harris)
February 6, 2023 Filing 12 NOTICE OF APPEARANCE by Gregory P. Cronin on behalf of Sterling Power Opportunities, LLC..(Cronin, Gregory)
February 6, 2023 Filing 11 NOTICE OF APPEARANCE by Harris N. Cogan on behalf of Sterling Power Opportunities, LLC..(Cogan, Harris)
February 3, 2023 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint , together with Proposed Stipulation and Order extending defendant's time to respond to the Complaint to February 24, 2023, addressed to Judge Lorna G. Schofield fr, #1 Complaint. Application GRANTED. Defendant shall answer, move or otherwise respond to the Complaint no later than February 24, 2023. The date of the initial pre-trial conference and the deadline to submit the joint letter and proposed case management plain remain the same. So Ordered. Sterling Power Opportunities, LLC answer due 2/24/2023. (Signed by Judge Lorna G. Schofield on 2/3/2023) (tg)
February 2, 2023 Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint , together with Proposed Stipulation and Order extending defendant's time to respond to the Complaint to February 24, 2023, addressed to Judge Lorna G. Schofield from Harris N. Cogan, Esq. dated February 2, 2023. Document filed by Sterling Power Opportunities, LLC..(Cogan, Harris)
January 25, 2023 Opinion or Order Filing 8 ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. As further set forth by this Order. Initial Conference set for 3/8/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/25/2023) (tg)
January 24, 2023 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Sterling Power Opportunities, LLC served on 1/13/2023, answer due 2/3/2023. Service was made by MAIL. Document filed by Altesca Inc...(Silver, Gerald)
January 17, 2023 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altesca Inc...(Silver, Gerald)
January 13, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to Sterling Power Opportunities, LLC. (sj)
January 13, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
January 13, 2023 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
January 13, 2023 Case Designated ECF. (sj)
January 13, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Gerald D. Silver to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb)
January 12, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Sterling Power Opportunities, LLC, re: #1 Complaint. Document filed by Altesca Inc...(Silver, Gerald)
January 12, 2023 Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Altesca Inc...(Silver, Gerald) Modified on 1/13/2023 (lb).
January 12, 2023 Filing 2 CIVIL COVER SHEET filed..(Silver, Gerald)
January 12, 2023 Filing 1 COMPLAINT against Sterling Power Opportunities, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27196923)Document filed by Altesca Inc.. (Attachments: #1 Exhibit A).(Silver, Gerald)

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Counter defendant: Altesca Inc.
Represented By: Gerald D. Silver
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Counter claimant: Sterling Power Opportunities, LLC
Represented By: Harris N. Cogan
Represented By: Gregory P. Cronin
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