The Village of Endicott v. International Business Machines Corporation (IBM)
| The Village of Endicott |
| International Business Machines Corporation (IBM) |
| 7:2024cv09242 |
| December 3, 2024 |
| U.S. District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Environmental Matters |
| 42 U.S.C. ยง 9607 Real Property Tort to Land - Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2025. A more recent docket listing may be available from PACER.
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Filing 12
MEMO ENDORSEMENT on re: #11 Response in Opposition to Motion, filed by International Business Machines Corporation (IBM). ENDORSEMENT: The Court DENIES, without prejudice to renew, Plaintiff's request for a pre-motion conference to set a briefing schedule for Plaintiff's proposed motion for partial summary judgment on the issue of liability on the first two causes of action. Plaintiff may renew their request for leave to move for partial summary judgment motion on the issue of liability after IBM's responsive pleading are filed on March 6, 2025. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/8/2025) (mml)
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| Filing 11 LETTER RESPONSE in Opposition to Motion addressed to Judge Nelson Stephen Roman from Kerry A. Dziubek dated January 7, 2025 re: #9 FIRST LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Stephen J. Maloney, Jr. dated January 2, 2025. . Document filed by International Business Machines Corporation (IBM)..(Dziubek, Kerry) |
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Filing 10
ORDER terminating #9 Motion for Conference. The Court directs Defendant IBM to respond to Plaintiff's request for a pre-motion conference to set a briefing schedule for Plaintiff's proposed motion for partial summary judgment on liability on its first two causes of action by January 8, 2025. The Clerk of Court is directed to terminate the motion at ECF No. 9. (Signed by Judge Nelson Stephen Roman on 1/3/2025) (jjc)
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| Filing 9 FIRST LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Stephen J. Maloney, Jr. dated January 2, 2025. Document filed by The Village of Endicott..(Maloney, Stephen) |
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Filing 8
ORDER denying without prejudice #7 Letter Motion for Conference. This matter has not been referred to Judge McCarthy. Thus, all requests should be directed to the Honorable Nelson S. Roman. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) (McCarthy, Judith)
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| Filing 7 FIRST LETTER MOTION for Conference addressed to Magistrate Judge Judith C. McCarthy from Stephen J. Maloney, Jr. dated December 30, 2024. Document filed by The Village of Endicott..(Maloney, Stephen) |
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to Answer re #5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Judith C. McCarthy from Kerry A. Dziubek dated December 18, 2024. The Court GRANTS Defendant's consented-to request to extend the deadline to answer or otherwise respond to the complaint until March 6, 2025. Clerkof Court is respectfully requested to terminate the motion at ECF No. 5. SO ORDERED. International Business Machines Corporation (IBM) answer due 3/6/2025. (Signed by Judge Nelson Stephen Roman on 12/19/2024) (mml)
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| Filing 5 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Judith C. McCarthy from Kerry A. Dziubek dated December 18, 2024. Document filed by International Business Machines Corporation (IBM)..(Dziubek, Kerry) |
| Filing 4 WAIVER re: Service of Summons. Document filed by The Village of Endicott..(Maloney, Stephen) |
| Filing 3 NOTICE OF APPEARANCE by Stephen Joseph Maloney, Jr on behalf of The Village of Endicott..(Maloney, Stephen) |
| Filing 2 CIVIL COVER SHEET filed..(Napoli, Joseph) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pc) |
| Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Gregory H. Woods is no longer assigned to the case. (vba) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joseph Peter Napoli to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Peter Napoli. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Peter Napoli. The party information for the following party/parties has been modified: International Business Machines (IBM). The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. 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. (pc) |
| Filing 1 COMPLAINT against International Business Machines (IBM). (Filing Fee $ 405.00, Receipt Number ANYSDC-30270143)Document filed by The Village of Endicott. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Napoli, Joseph) |
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| Plaintiff: The Village of Endicott | |
| Represented By: | Joseph Peter Napoli |
| Represented By: | Stephen Joseph Maloney, Jr |
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| Defendant: International Business Machines Corporation (IBM) | |
| Represented By: | Kerry Ann Dziubek |
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