105 Mt. Kisco Associates LLC et, al v. Paul Carozza et, al
| 105 Mt. Kisco Associates LLC, Amanda's Lane LLC and Mark Stagg |
| Paul Carozza, Richard's Lumber & Building Materials Center, Inc., Canrad-Honovia, Inc., Village of Mount Kisco, Mt. Kisco Urban Renewal Agency, Westchester County Department of Health, United States, Teledyne Environmental, Inc., Nuclear Diagnostics Laboratory, Inc., Merritt Environmental Consulting Corp., Halmar International, Does 1 through 50 and Does 51 through 100 |
| 7:2015cv05346 |
| July 9, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Environmental Matters |
| 42 U.S.C. ยง 9601 |
| Plaintiff |
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Filing
385
SETTLEMENT AGREEMENT AND CONSENT DECREE: NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that: The Parties to this Agreement are the Plaintiffs and the United States. This Agreement applies to, is binding upon, and inures solely to the benefit o f the Plaintiffs and the United States. Except as specifically provided, this Agreement does not extend or inure to the benefit of any party, person, or entity other than the Plaintiffs and the United States, and nothing in this Agreement shall be co nstrued to make any other person or entity not executing this Agreement a third-party beneficiary to this Agreement. As soon as reasonably practicable after the Effective Date, the United States shall pay the sum of One Hundred Fifty-Five Thousand D ollars ($155,000.00) to the Plaintiffs. Payment shall be made by Automated Clearing House ("ACH") Electronic Funds Transfer ("EFT") in accordance with deposit instructions provided below: And as set forth herein. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/27/2022) (ama)
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Filing
310
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the Court as hereinafter set forth and further set forth in this Order. (Signed by Magistrate Judge Judith C. McCarthy on 9/16/2020) (rro)
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Filing
291
SCHEDULING ORDER: TO ALL PARTIES: The conference scheduled for June 1, 2020 at 11:30 a.m. before the undersigned will be conducted via AT&T Teleconferencing Service. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017 Access Code: 4264138. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 5/27/2020) (jca)
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Filing
284
SCHEDULING ORDER: TO ALL PARTIES: In order to slow the spread of COVID-19, the Court will hold all conferences by telephone. Counsel shall call the following number at the time of the conference: Toll-Free Number: 877-873-8017, Access Code: 4264138 . In pro se inmate cases, counsel shall ensure that the pro se party is on the line before calling the above-referenced number. The Clerk is directed to mail a copy of this order to any prose party. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/16/2020) (kv)
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Filing
255
OPINION & ORDER re: 231 MOTION to Dismiss . filed by Westchester County Department of Health, 209 AMENDED MOTION to Amend/Correct 208 MOTION to Dismiss Second Amended Complaint. . filed by Village of Mou nt Kisco, 204 MOTION to Dismiss . MOTION for Sanctions . filed by Merritt Environmental Consulting Corp., 228 MOTION to Dismiss . filed by Paul Carozza, 208 MOTION to Dismiss Second Amended Complaint . filed by Village of Mount Kisco., For the foregoing reasons, Defendants WCDH, Mt. Kisco, and Carozza's motions to dismiss are DENIED. Defendant Merritt's motion to dismiss is GRANTED and Merritt's motion for sanctions is DENIED . Defendant Merritt is dismissed from this action. The remaining defendants are directed to file responsive pleadings by January 20, 2020. The parties are also directed to contact the chambers of Magistrate Judge Judith C. McCarthy to schedule a st atus conference. Finally, consistent with Magistrate Judge McCarthy's February 15, 2018 order (ECF No. 248), the parties must exchange initial disclosures within five (5) days of this Opinion. The Clerk of Court is respectfully requested to t erminate the motions at ECF Nos. 204, 208, 209, 228, and 231. As there are no remaining claims against Defendant Merritt Environmental Consulting Corp., the Clerk of the Court is also directed to terminate that defendant from the case caption. Fin ally, the Clerk is respectfully directed to lift the stay in place on this case. (Signed by Judge Nelson Stephen Roman on 12/20/2019) Case Stay Lifted., Merritt Environmental Consulting Corp., Merritt Environmental Consulting Corp. and Merritt Environmental Consulting Corp. terminated.(ks)
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Filing
174
OPINION & ORDER re: 115 MOTION to Dismiss the First Amended Complaint, filed by Village of Mount Kisco, 128 MOTION to Dismiss , filed by Teledyne Environmental, Inc., 121 MOTION to Dismiss , filed by Paul Carozza, 107 MOTION to Dismiss the Amended Complaint, filed by Westchester County Department of Health, 136 MOTION to Dismiss . MOTION for Summary Judgment . MOTION for Sanctions , filed by Merritt Envi ronmental Consulting Corp., Teledyne Environmental, Inc. (As Successor to Isotopes, Inc.) Defendant WCDOH's motion to dismiss is GRANTED in part and DENIED in part, Defendants Village of Mount Kisco/MKURA's motion to dismiss is GRANTED in part and DENIED in part, Defendant Carozza's motion to dismiss is GRANTED in part and DENIED in part, Defendant Merritt's motion to dismiss or for summary judgement and for sanctions is GRANTED in part and DENIED in part, and Defendan t Teledyne/Environmental Inc.'s motion to dismiss is GRANTED in its entirety. Defendants Merritt, Teledyne/Environmental Inc., and MKURA are dismissed from this action. Plaintiffs' claims for indemnification and contribution are dismissed as against all parties, and Plaintiffs' claims for "remediation" actions as defined by CERCLA are dismissed with prejudice. Plaintiffs' claim against Carozza subject to arbitration is dismissed as described herein. As to claim s not dismissed with prejudice, Plaintiffs are granted leave to file an amended complaint in conformance with this Opinion on or before April 29, 2017. The Defendants are directed to file responsive pleadings by May 29, 2017. The parties are direct ed to contact the chambers of Magistrate Judge McCarthy to schedule a status conference. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 107, 115, 121, 128, and 136. So Ordered., (Merritt Environmental Consulting Corp. and Mt. Kisco Urban Renewal Agency terminated.) (Signed by Judge Nelson Stephen Roman on 3/30/17) (yv)
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