Dibble et al v. Schrodel et al
| River Rock Supply Corp., Karl Dibble and Karl Dibble Inc. |
| Hudson Management Consulting LLC, Anthony Giaccio, Earth Improvements, Inc., Manor Beach Club, The Village of Sleepy Hollow, David Schrodel, Sleepy Hollow Development Corp., Cotrese Construction, Kenneth Wray, James McGovern, John Leavy Philips, Andrew Cortese, Cortese Construction Inc, Sleepy Hollow Local Development Corp., Hudson Valley Management Consulting LLC, John Leavy, David Schroedel, Village of Sleepy Hollow, Joseph and Jane Doe No 1 through 10 and Sleepy Hollow Local Development Corp, LLC |
| 7:2019cv07339 |
| August 6, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 ANSWER to #19 Amended Complaint,,. Document filed by Andrew Cortese.(Spielberg, Leonard) |
| Filing 36 ANSWER to Complaint. Document filed by Cortese Construction Inc.(Spielberg, Leonard) |
| Filing 35 AFFIDAVIT OF SERVICE. Cortese Construction Inc served on 11/18/2019, answer due 12/9/2019; Andrew Cortese served on 11/18/2019, answer due 12/9/2019; Cotrese Construction served on 11/18/2019, answer due 12/9/2019. Service was accepted by Andrew Cortese. Document filed by Karl Dibble Inc.; Karl Dibble. (Donohue, James) |
| Filing 34 LETTER addressed to Judge Nelson Stephen Roman from James McGovern dated 12/1/2019 re: Request for a pre-motion conference. Document filed by James McGovern.(rj) |
| Filing 33 ELECTRONIC SUMMONS ISSUED as to Cortese Construction Inc, Andrew Cortese, James McGovern. (sj) |
| Filing 32 REQUEST FOR ISSUANCE OF SUMMONS as to James McGovern, Andrew Cortese, Cortese Construction, Inc., re: #19 Amended Complaint,,. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James P. Donohue to RE-FILE Document No. #31 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 31 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to James MCgovern Andrew Cortese Cortese Construction Inc, re: #19 Amended Complaint,,. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) Modified on 11/7/2019 (pc). |
| Filing 30 FIRST RESPONSE to Letter Motion. Document filed by River Rock Supply Corp.. (Donohue, James) |
| Filing 29 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Christopher H. Feldman dated October 11, 2019. Document filed by Hudson Valley Management Consulting LLC.(Feldman, Christopher) |
| Filing 28 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Maurizio Savoiardo dated October 11, 2019. Document filed by Anthony Giaccio, John Leavy, David Schroedel, Sleepy Hollow Local Development Corp, LLC, Village of Sleepy Hollow, Kenneth Wray.(Savoiardo, Maurizio) |
| Filing 27 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties herein, that the time for Defendant HUDSON VALLEY MANAGEMENT CONSULTING, LLC, to appear, answer or move with respect to the Fist Amended Federal Complaint in this action is extended up to and including October 11, 2019 nunc pro tunc. Clerk of the Court requested to terminate the motion (doc. 26)., Motions terminated: #26 LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint, addressed to Judge Nelson Stephen Roman from Christopher H. Feldman dated October 9, 2019. filed by Hudson Valley Management Consulting LLC. (Signed by Judge Nelson Stephen Roman on 10/10/2019) (rj) |
| Filing 26 LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint,, addressed to Judge Nelson Stephen Roman from Christopher H. Feldman dated October 9, 2019. Document filed by Hudson Valley Management Consulting LLC. (Attachments: #1 Exhibit Stipulation Extending Time for Defendant Hudson Valley Management Consulting to Respond to Amended Complaint)(Feldman, Christopher) |
| Filing 25 MEMO ENDORSEMENT on re: #22 LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint until October 11, 2019 addressed to Judge Nelson Stephen Roman from Maurizio Savoiardo dated October 4, 2019. Document filed by Anthony Giaccio, John Leavy, David Schroedel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate motion at ECF No. 22. The application is granted. (Signed by Judge Nelson Stephen Roman on 10/7/2019) (rjm) |
Filing 24
STIPULATION. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties herein, that the time for Defendants DAVID SCHRODEL, ANTHONY GIACCIO, SLEEPY HOLLOW LOCAL DEVELOPMENT CORPORATION, KENNETH WRAY, THE VILLAGE OF SLEEPY HOLLOW and JOHN LEAVY to appear, answer or move with respect to the First Amended Federal Complaint in this action is extended up to and including October 11, 2019. So ordered. Clerk of the Court requested to terminate the motion (doc. 22). Anthony Giaccio answer due 10/11/2019; John Leavy answer due 10/11/2019; David Schroedel answer due 10/11/2019; Sleepy Hollow Local Development Corp, LLC answer due 10/11/2019; Village of Sleepy Hollow answer due 10/11/2019; Kenneth Wray answer due 10/11/2019. Motions terminated: #22 LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint, until October 11, 2019 addressed to Judge Nelson Stephen Roman from Maurizio Savoiardo dated October 4, 2019. Document filed by Anthony Giaccio, John Leavy, David Schroedel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. (Signed by Judge Nelson Stephen Roman on 10/4/2019) (rjm)
|
| Filing 23 LETTER MOTION for Conference re: #19 Amended Complaint,, #14 Amended Complaint, #17 Amended Complaint, addressed to Judge Nelson Stephen Roman from Linda M. Tirelli dated October 4, 2019. Document filed by Earth Improvements, Inc..(Tirelli, Linda) |
| Filing 22 LETTER MOTION for Extension of Time to File Answer re: #19 Amended Complaint,, until October 11, 2019 addressed to Judge Nelson Stephen Roman from Maurizio Savoiardo dated October 4, 2019. Document filed by Anthony Giaccio, John Leavy, David Schroedel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. (Attachments: #1 Stipulation extending time to respond to First Amended Federal Complaint)(Savoiardo, Maurizio) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James P. Donohue, Jr. to RE-FILE Document No. #21 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Party Names Errors; party names must correspond to pleading; and docket entry error; Enter all the Name(s) of party(ies) Summons is to be issued for when prompted. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 21 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to David Schroedel, Andrew Cortese, James McGovern, Hudson Management Consulting LLC, re: #19 Amended Complaint,,. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) Modified on 10/3/2019 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James P. Donohue to RE-FILE Document No. #20 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the caption title does not match the amended complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James P. Donohue, Jr.. The party information for the following party/parties has been modified: Andrew Cortese, Cortese Construction Inc, Joseph and Jane Doe No 1 through 10, David Schroedel, Sleepy Hollow Local Development Corp, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| Filing 20 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cortese, James McGovern, David Schroedel, Sleepy Hollow Local Development Corporation, LLC, re: #19 Amended Complaint,,. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) Modified on 9/25/2019 (pc). |
| Filing 19 FIRST AMENDED COMPLAINT amending #17 Amended Complaint, against Cortese Construction Inc, Andrew Cortese, Joseph and Jane Doe No 1 through 10, Earth Improvements, Inc., Anthony Giaccio, Hudson Valley Management Consulting LLC, John Leavy, James McGovern, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray, David Schroedel, Sleepy Hollow Local Development Corp, LLC with JURY DEMAND.Document filed by River Rock Supply Corp., Karl Dibble Inc., Karl Dibble. Related document: #17 Amended Complaint,.(Donohue, James) Modified on 9/25/2019 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James P. Donohue, Jr. to RE-FILE re: Document No. #17 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; David Schroedel and Sleepy Hollow Local Development Corporation, LLC must be added the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James P. Donohue, Jr. to RE-FILE Document No. #18 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the wrong parties as to whom the summons request is for were selected;. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 18 FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to James McGovern Andrew Cortese, re: #17 Amended Complaint. Document filed by Karl Dibble, Joseph and Jane Doe No 1 through 10, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) Modified on 9/23/2019 (sj). |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #14 Amended Complaint against Cortese Construction Inc, Joseph and Jane Doe No 1 through 10 with JURY DEMAND.Document filed by River Rock Supply Corp., Karl Dibble Inc., Karl Dibble. Related document: #14 Amended Complaint.(Donohue, James) Modified on 9/23/2019 (sj). |
| Filing 16 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from James P. Donohue, Jr. dated 9/18/2019 re: We hereby request the court extend the date to refile for one week to September 23, 2019. ENDORSEMENT: The application is granted. Pltf's granted ext of time until Sept. 23, 2019 to file Amended Compl.. (Signed by Judge Nelson Stephen Roman on 9/19/2019) (jca) |
| Set/Reset Deadlines: Amended Pleadings due by 9/23/2019. (jca) |
| Filing 15 NOTICE OF APPEARANCE by Christopher Herbert Feldman on behalf of Hudson Valley Management Consulting LLC. (Feldman, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney James P. Donohue to RE-FILE Document No. #13 Request for Issuance of Summons,, Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF for the request for issuance of summons is not legible; the PDF attached to the docket entry for the issuance of summons is not correct; The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. The summons requested must be linked to the corresponding Amended Complaint. Attorney address field is blank. If all the defendant names on the caption title do not fit, simply list the first listed defendant followed by "et al." Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James P. Donohue to RE-FILE re: Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the parties listed on the pleading were not entered on CM ECF; The caption reads "Federal Complaint" even though the event type selected was "Amended Complaint". Add Cortese Construction, Inc. to CM ECF. Add Joseph Doe and Jane Doe, No.1 through 10 to CM ECF with the party text "being individuals whose names and/or conduct is not presently known to the plaintiffs". The Amended Complaint was incorrectly filed on the due date so permission from Chambers will need to be acquired for the Amended Complaint to be filed correctly. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT against Cotrese Construction, Earth Improvements, Inc., Anthony Giaccio, Hudson Valley Management Consulting LLC, John Leavy, James McGovern, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray, Andrew Cortese with JURY DEMAND.Document filed by River Rock Supply Corp., Karl Dibble Inc., Karl Dibble.(Donohue, James) Modified on 9/17/2019 (pc). |
| Filing 13 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cortese, James McGovern, Hudson Valley Management Consulting, LLC, re: Amended Complaint. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.., REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Andrew Cortese, James McGovern, Hudson Valley Management Consulting, LLC, re: Amended Complaint. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) Modified on 9/17/2019 (pc). |
|
Filing 12
ORDER denying as moot #8 Letter Motion for Conference ; denying as moot #10 Letter Motion for Conference ; granting #11 Letter Motion to Adjourn Conference. The application is granted. The request is granted. Plaintiffs shall have until September 16, 2019 to file their amended complaint. Defendants' previous requests for a pre-motion are hereby deemed moot. The Clerk of the Court is respectfully directed to terminate the letter motions at ECF No. 8,10, and 11. (Signed by Judge Nelson Stephen Roman on 8/20/2019) (rj)
|
| Set/Reset Deadlines: Amended Pleadings due by 9/16/2019. (rj) |
| Filing 11 LETTER MOTION to Adjourn Conference addressed to Judge Nelson Stephen Roman from James P. Donohue Jr. dated August 19, 2019. Document filed by Karl Dibble, Karl Dibble Inc., River Rock Supply Corp..(Donohue, James) |
| Filing 10 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Linda M. Tirelli dated August 16, 2019. Document filed by Earth Improvements, Inc..(Tirelli, Linda) |
| Filing 9 NOTICE OF APPEARANCE by Linda Marie Tirelli on behalf of Earth Improvements, Inc.. (Tirelli, Linda) |
| Filing 8 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Maurizio Savoiardo dated August 12, 2019. Document filed by Anthony Giaccio, John Leavy, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray.(Savoiardo, Maurizio) |
| Filing 7 NOTICE OF APPEARANCE by James P. Donohue, Jr on behalf of Karl Dibble, Karl Dibble Inc., River Rock Supply Corp.. (Donohue, James) |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal served on James P. Donohue, Jr., Esq.; Hudson Valley Management Consulting, LLC; James McGovern; Cortese Construction, Inc.; Richard Blancato, Esq. on August 6, 2019. Service was made by Mail. Document filed by Anthony Giaccio, John Leavy, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. (Savoiardo, Maurizio) |
| Filing 5 NOTICE OF APPEARANCE by Richard Brian Epstein on behalf of Anthony Giaccio, John Leavy, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. (Epstein, Richard) |
| Filing 4 NOTICE OF APPEARANCE by Michael A. Miranda on behalf of Anthony Giaccio, John Leavy, David Schrodel, Sleepy Hollow Local Development Corp., Village of Sleepy Hollow, Kenneth Wray. (Miranda, Michael) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 52007/2019..Document filed by Sleepy Hollow Local Development Corp., John Leavy, Village of Sleepy Hollow, Kenneth Wray, David Schrodel, Anthony Giaccio. (Attachments: #1 Exhibit Ex. A - State Court Summons and Complaint, #2 Exhibit Ex. B - State Court Amended Summons and Complaint, #3 Exhibit Ex. C - Defendant Earth Improvements Inc. Answer to State Court Complaint, #4 Exhibit Ex. D - Defendant James McGovern Answer to State Court Complaint)(Savoiardo, Maurizio) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Maurizio Savoiardo, III. The following party/parties has been removed from this case: Manor Beach Club. The party was added to the case in error. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maurizio Savoiardo, III to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Notice of Removal exhibits must be labeled and filed as attachments to the notice of removal pursuant to ECF Filing Rule 13.3. Exhibits cannot be labeled Exhibit A, Exhibit B, etc.. All of the parties have not been added to CM/ECF; add parties Joseph Dow and Jane Dow, No. 1 through 10 with party text 'being individuals whose names and/or conduct is not presently know to the plaintiffs' Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh) Modified on 8/7/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maurizio Savoiardo, III. The party information for the following party/parties has been modified: Hudson Management Consulting LLC, John Leavy Philips, Sleepy Hollow Development Corp., The Village of Sleepy Hollow. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; Exclude from the entry of business name any leading A, An or The.. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Savoiardo, Maurizio) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED-NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 52007/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17382584).Document filed by Sleepy Hollow Development Corp., John Leavy Philips, The Village of Sleepy Hollow, Kenneth Wray, David Schrodel, Anthony Giaccio. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D)(Savoiardo, Maurizio) Modified on 8/7/2019 (dnh). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
