United States of America v. Acquest Transit LLC
Plaintiff: United States of America
Defendant: Acquest Transit LLC
Case Number: 1:2009cv00055
Filed: January 15, 2009
Court: US District Court for the Western District of New York
Office: Environmental Matters Office
County: Erie
Presiding Judge: William M. Skretny
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 33:1319 Clean Water Act
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Date Filed Document Text
March 3, 2021 Opinion or Order Filing 376 DECISION AND ORDER IT HEREBY IS ORDERED, that Defendants' Motion to Dismiss Counts One and Three of the Amended Complaint (Docket No. 365) is DENIED. FURTHER, this Court will not apply retroactively the Navigable Waters P rotection Rule to the facts of this case. FURTHER, trial of this action shall be bifurcated (Docket No. 364).FURTHER, any remaining discovery (including for any penalty phase) shall be completed by July 14, 2021.SO ORDERED.Signed by William M. Skretny, United States District Judge on 3/3/2021. (JCM)
June 4, 2020 Opinion or Order Filing 349 DECISION AND ORDERIT HEREBY IS ORDERED that, Defendants' Objections (Docket Nos. 337, 340) to the recommended denial of their motion for summary judgment (Docket No. 267) are GRANTED IN PART, DENIED IN PART. The Government&# 039;s Objections (Docket No. 338) to the Report and its recommendation of partial denial of its motion for summary judgment (Docket No. 269) are DENIED IN PART, GRANTED IN PART, as stated in this Decision and Order. Also, this Court CONCURS in the f indings and recommendations contained in the Report and Recommendations as modified in this Decision and Order.FURTHER, (Docket No. 334) Report and Recommendations is ACCEPTED IN PART AS SO MODIFIED. FURTHER, Defendants' Motion for Summar y Judgment (Docket No. 267) is DENIED and the Government's Motion for Summary Judgment as to liability (Docket No. 269) is GRANTED IN PART (as recommended in the Report) and DENIED IN PART.FURTHER, referral of this case to mediation before Gr egory Photiadis shall continue until January 29, 2021.FURTHER, An interim Status Conference shall be held on Wednesday, July 15, 2020, at 2:00 p.m., before the Hon. William M. Skretny, by Zoom teleconference. Chambers will provide directions for attending this conference.FURTHER, parties shall report the status of the action (that is, whether a mediation conference or settlement conference was scheduled or held, readiness of parties for trial, resolution of the case) by November 3, 2020. This Court reserves the right to refer this case back to Magistrate Judge Foschio to conduct a settlement conference. Upon review of the status report, this Court may schedule additional Status or Pretrial Conference.SO ORDERED.Signed by William M. Skretny, United States District Judge on 6/4/2020. (JCM)
June 3, 2020 Opinion or Order Filing 348 DECISION AND ORDER IT HEREBY IS ORDERED that, the Government's appeal (Docket No. 338) of the denial of its motions to strike (Docket Nos. 293, 294, 296) portions of defense experts' opinions is GRANTED IN PART, DENIED IN PART; its Motion to Strike Ray Kagel's opinion (Docket No. 294) is GRANTED regarding the dye testing and the remainder of that Motion (and the Motion to Strike Dr. Kagel's opinion) is DENIED. The Government's Motion (Docket No. 296 ) to Strike portions of the opinion testimony of Dr. Busacca is GRANTED IN PART (on grounds different than those asserted by the Government), DENIED IN PART, and its Motion to Strike portions of the opinion of Mr. Apfelbaum (Docket No. 293) is DENIED .As such, Defendants' Objections to the Report (Docket No. 337) seeking reversal of the admission of the Grand Jury testimony of the late Patrick Huntress is GRANTED. Their Objections (Docket Nos. 337, 340) to the recommended denial of their motion for summary judgment (Docket No. 267) and Plaintiff's Objection (Docket No. 338) to the recommended partial denial of its motion for summary judgment (Docket No. 269) REMAIN PENDING and are addressed in a separate Decision and Order. Defendants' second set of Objections (Docket No. 339) is TERMINATED in favor of its amendment (Docket No. 340).SO ORDERED.Signed by William M. Skretny, United States District Judge on 6/3/2020. (JCM)
August 14, 2018 Opinion or Order Filing 334 REPORT AND RECOMMENDATIONS / DECISION AND ORDER. Plaintiff's Motion to Strike - Busacca (Dkt. 293) is DENIED; Plaintiff's Motion to Strike - Kagels (Dkt. 294) is DENIED; Plaintif's Motion to Strike - Apfelbaum (Dkt. 296) is DENIED; D efendants' Motion to Strike Jones (Dkt. 320) is DISMISSED as moot; Defendants' Motion to Strike Greenberg and Brooks (Dkt. 321) is DISMISSED as moot; Plaintiff's Motion to Strike the Motion to Strike (Dkt. 326) is GRANTED; Defendants ' Summary Judgment Motion (Dkt. 267) should be DENIED; Plaintiff's Summary Judgment Motion (Dkt. 269) should be DENIED in part, and GRANTED in part; the case should be scheduled for trial. Objections to R&R due fourteen days from receipt. Signed by Hon. Leslie G. Foschio on 8/14/2018. (SDW)
March 7, 2017 Opinion or Order Filing 249 DECISION AND ORDER. The privileged nature of Hostetlers communication to Feinmark and in turn to Montella attaches to Montellas e-mail and therefore the e-mail to Pohle and Thiesing remains within the privilege and need not be produced to Defendants. Signed by Hon. Leslie G. Foschio on 3/7/2017. (SDW)
February 21, 2017 Opinion or Order Filing 244 DECISION AND ORDER granting in part and denying in part 232 Motion to Compel. Signed by Hon. Leslie G. Foschio on 2/21/2017. (SDW)
June 29, 2016 Opinion or Order Filing 222 DECISION AND ORDER granting 153 Motion for Attorney Fees in the amount of $30,815 to be paid by Defendants. Signed by Hon. Leslie G. Foschio on 6/29/2016. (SDW)
October 15, 2015 Opinion or Order Filing 202 DECISION AND ORDER. Defendants' request for a bifurcated Scheduling Order in this case is DENIED. The parties shall proceed in accordance with the courts Scheduling Order pursuant to Fed.R.Civ.P. 16(b) filed contemporaneously herewith. Signed by Hon. Leslie G. Foschio on 10/15/2015. (SDW)
June 30, 2014 Opinion or Order Filing 187 DECISION AND ORDER LIFTING the stay in this case for the limited purpose of issuing this Decision and Order. Thereafter, the stay will remain in place; DENYING Acquest's 161 Petition for Certification for Interlocutory Appeal of this Court's May 24, 2013 Decision and Order. Signed by William M. Skretny, Chief Judge on 6/27/2014. (MEAL)
September 14, 2010 Opinion or Order Filing 89 DECISION AND ORDER. Defendant's Motion (Doc. No. 50) to vacate the Preliminary Injunction Order and for partial summary judgment is DISMISSED without prejudice; Plaintiff's Motion (Doc. No. 72) for discovery is GRANTED. The parties shall proceed in accordance with the August 11, 2010 Scheduling Order (Doc. No. 77). Signed by Hon. Leslie G. Foschio on 9/14/2010. (SDW)
July 15, 2009 Opinion or Order Filing 26 DECISION AND ORDER GRANTING 6 Plaintiff's Motion for Preliminary Injunction; ENJOINING the Defendant as specified. Signed by William M. Skretny U.S.D.J. on 7/15/2009. (MEAL)
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Plaintiff: United States of America
Represented By: Jane B. Wolfe
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Defendant: Acquest Transit LLC
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