City of Buffalo v. Johnson Controls, Inc. et al
| City of Buffalo |
| Johnson Controls, Inc., Avrio Group Surveillance Solutions, Inc. and Wright Line LLC |
| 1:2011cv00775 |
| September 15, 2011 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Leslie G Foschio |
| Elizabeth A Wolford |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 46 -CLERK TO FOLLOW UP-STIPULATION AND ORDER that this action is discontinued with prejudice and without costs to either party as against the other. Signed by Hon. Elizabeth A. Wolford on 6/19/2015. (LMD) |
| Filing 45 STIPULATION of Discontinuance by Avrio Group Surveillance Solutions, Inc.. (Hagerty, Thomas) |
| Filing 44 MEDIATION SCHEDULING ORDER and ORDER REFERRING CASES to Mediation ( 1:09-cv-00494-EAW-LGF, 1:11-cv-00775-EAW-LGF). The parties shall contact Sharon M. Porcellio for the purpose of arranging mediation. This referral shall terminate on April 30, 2015 (Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf to this document for future reference.) Signed by Hon. Elizabeth A. Wolford on 2/27/2015. Associated Cases: 1:09-cv-00494-EAW-LGF, 1:11-cv-00775-EAW-LGF(LMD) |
| Filing 43 TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. Elizabeth A. Wolford for all further proceedings. Hon. Richard J. Arcara no longer assigned to case. Issued by Hon. Richard J. Arcara on 1/30/15. (LAS). |
Filing 42
STIPULATION AND ORDER discontinuing this action as against defendant Johnson Controls, Inc., with prejudice. (DZ)
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| Filing 41 STIPULATION of Dismissal by Johnson Controls, Inc.. (Freedenberg, John) |
| Filing 40 REPORT AND RECOMMENDATIONS re #29 MOTION for Partial Summary Judgment filed by Johnson Controls, Inc., #28 MOTION for Summary Judgment filed by Johnson Controls, Inc. Objections due fourteen days from receipt.Signed by Hon. Leslie G. Foschio on 11/6/2013. (SDW) |
| Filing 39 MEMORANDUM in Support re #28 MOTION for Summary Judgment filed by Johnson Controls, Inc.. (Attachments: #1 Statement of Material Facts, #2 Certificate of Service)(Freedenberg, John) |
| Filing 38 TEXT ORDER. For good cause shown, Defendant Johnson Controls' reply to Plaintiff's response to Johnson Controls' Statement of Material Facts due by 6/5/2013. Issued by Hon. Leslie G. Foschio on 5/16/2013. (SDW) |
| Filing 37 RESPONSE in Opposition re #28 MOTION for Summary Judgment filed by City of Buffalo. (Lee, David) |
| Filing 36 DECISION and ORDER granting #34 Motion for Extension of Time to File Response/Reply Plaintiff's response to Johnson Controls' Statement of Material Facts due by 5/15/2013. Defendant's reply due by 5/22/2013.. Signed by Hon. Leslie G. Foschio on 4/30/2013. (SDW) |
| Filing 35 RESPONSE in Opposition re #34 MOTION for Extension of Time to File Response/Reply filed by Johnson Controls, Inc.. (Freedenberg, John) |
| Filing 34 MOTION for Extension of Time to File Response/Reply by City of Buffalo. (Attachments: #1 Affidavit, #2 Memorandum in Support)(Lee, David) |
| Filing 33 REPLY/RESPONSE to re #29 MOTION for Partial Summary Judgment filed by Johnson Controls, Inc.. (Attachments: #1 Certificate of Service)(Freedenberg, John) |
| Filing 32 REPLY to Response to Motion re #28 MOTION for Summary Judgment filed by Johnson Controls, Inc.. (Attachments: #1 Certificate of Service)(Freedenberg, John) |
| Filing 31 AFFIDAVIT of David M. Lee in Opposition re #28 MOTION for Summary Judgment by Johnson Controls, Inc. filed by City of Buffalo. (Attachments: #1 Affidavit, #2 Affidavit)(Lee, David) |
| Filing 30 TEXT ORDER re #28 MOTION for Summary Judgment filed by Johnson Controls, Inc., #29 MOTION for Partial Summary Judgment filed by Johnson Controls, Inc. Responses due by 1/31/2013. Replies due by 2/15/2013. Oral argument at the discretion of the court. SO ORDERED. Issued by Hon. Leslie G. Foschio on 12/20/2012. (SDW) |
| Filing 29 MOTION for Partial Summary Judgment by Johnson Controls, Inc.. (Attachments: #1 Affidavit of Casey L. Westover, #2 Statement of Material Facts, #3 Memorandum in Support, #4 Certificate of Service)(Freedenberg, John) |
| Filing 28 MOTION for Summary Judgment by Johnson Controls, Inc.. (Attachments: #1 Affidavit of Casey L. Westover, #2 Statement of Material Facts, #3 Memorandum in Support, #4 Certificate of Service, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L part 1, #17 Exhibit L part 2, #18 Exhibit L part 3, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q, #24 Exhibit R, #25 Exhibit S, #26 Exhibit T, #27 Exhibit U, #28 Exhibit V, #29 Exhibit W, #30 Exhibit X, #31 Exhibit Y)(Freedenberg, John) |
| Filing 27 TEXT ORDER: the Stipulations of Dismissal as to defendant Wright-Line LLC 68 #26 are approved. Issued by Hon. Richard J. Arcara on November 17, 2012. (WJG) CLERK FOLLOW-UP REQUIRED. Associated Cases: 1:09-cv-00494-RJA-LGF, 1:11-cv-00775-RJA-LGF |
| Filing 26 STIPULATION of Dismissal by Wright Line LLC. (Drury, Thomas) |
| Filing 25 TEXT ORDER granting #22 Motion to Amend or Correct. Signed by Hon. Leslie G. Foschio on 9/24/2012. (SDW) |
| Filing 24 TEXT ORDER granting #23 Motion for Pro Hac Vice for Casey L. Westover, Esq. So Ordered. Issued by Hon. Leslie G. Foschio on 9/24/2012. (SDW) |
| Confirmed admission to the Illinois State Bar for attorney Casey L. Westover. (DZ) |
| Filing 23 MOTION to appear pro hac vice of Casey L. Westover on behalf of Defendant, Johnson Controls, Inc. ( Filing fee $ 75 receipt number 0209-1665765.) by Johnson Controls, Inc.. (Attachments: #1 Letter of Good Standing; Attorney's Oath; Civility Principles Oath; Attorney Database Information; CM/ECF Registration Form)(Freedenberg, John) |
| Filing 22 MOTION to Amend/Correct Scheduling Order by City of Buffalo. (Attachments: #1 Affidavit)(Lee, David) |
| Filing 21 PROTECTIVE ORDER. Signed by Hon. Leslie G. Foschio on 2/7/2012. (SDW) |
| Filing 20 STIPULATION /Protective Order by Avrio Group Surveillance Solutions, Inc., City of Buffalo, Johnson Controls, Inc., Wright Line LLC. (Freedenberg, John) |
| E-Filing Notification: Pursuant to Local Rules, discovery should not be filed. No action required. #19 RULE 26 DISCLOSURE by City of Buffalo.(Lee, David) (SG) |
| Filing 19 RULE 26 DISCLOSURE by City of Buffalo.(Lee, David) |
| Filing 18 ADR Plan electronically forwarded to attorneys.(DZ) |
| Filing 17 Wright-Line LLC's ANSWER to Complaint, CROSSCLAIM against Avrio Group Surveillance Solutions, Inc., Johnson Controls, Inc. by Wright Line LLC.(Drury, Thomas) |
| Filing 16 CERTIFICATE OF SERVICE by Avrio Group Surveillance Solutions, Inc. re #15 Rule 26 Disclosure (Hunter, Edwin) |
| Filing 15 RULE 26 DISCLOSURE by Avrio Group Surveillance Solutions, Inc..(Hunter, Edwin) |
| Filing 14 ANSWER to #10 Answer to Complaint, Counterclaim by City of Buffalo.(Lee, David) |
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Filing 13
SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 12/16/2011. Motions to Compel Discovery due by 4/16/2012. Discovery completed by 4/30/2012. Plaintiff Expert Witness ID due by 6/15/2012. Defendant Expert Witness ID due by 8/15/2012. Dispositive Motions due by 11/30/2012. Mediation To End by 12/31/2012.. Signed by Hon. Leslie G. Foschio on 11/9/2011. (SDW)
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| Filing 12 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 11/9/2011. Case will not be submitted to an initial ADR phase but will be deferred pending the declaratory judgment action. Following resolution of the declaratory judgment action, a further ADR schedule will be revisited. Case management order discussed, same to be filed by the court. Appearances: Pltf-David Lee, Esq.; Dft Johnson Controls-Ned Hunter, Esq., Dft Wright Line-Trevor Barr, Esq. (Court Reporter FTR Gold.) (SDW) |
| Set/Reset Hearings: Scheduling Conference set for 11/8/2011 02:00 PM before Hon. Leslie G. Foschio; moved from 12/6/2011. (SDW) |
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Filing 11
ORDER. Scheduling Conference set for 12/6/2011 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 10/31/2011. (SDW)
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| Filing 10 ANSWER to Complaint and Answer to Crossclaim of Johnson Controls, COUNTERCLAIM against City of Buffalo by Avrio Group Surveillance Solutions, Inc.. (Attachments: #1 Certificate of Service)(Hunter, Edwin) |
| Filing 9 TEXT ORDER granting #8 Motion for Pro Hac Vice for David M. Lee. Signed by Hon. Leslie G. Foschio on 10/25/2011. (SDW) |
| Remark - Confirmed admission to the New York State Bar for attorney David M. lee. (DZ) |
| Filing 8 MOTION by David M. Lee to appear pro hac vice by City of Buffalo. (fee paid $75.00, receipt no. 26373)(DZ) |
| Filing 7 AMENDED TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Leslie G. Foschio The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 9/23/2011. (JMB) |
| Filing 6 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 9/22/2011. (JMB) |
| Filing 5 ANSWER to Complaint with Jury Demand, CROSSCLAIM against Avrio Group Surveillance Solutions, Inc. by Johnson Controls, Inc..(Freedenberg, John) |
| Filing 4 ADR Plan forwarded to all attorneys.(DZ) |
| Filing 3 NOTICE to Consent before a Magistrate Judge electronically sent the defendant's attorney. (KB) |
| Filing 2 AUTOMATIC REFERRAL to Mediation - ADR plan electronically sent to attorney. (KB) |
| Filing 1 NOTICE OF REMOVAL by Johnson Controls, Inc. from State of New York Supreme Court Erie County, case number 2011-3124. (Filing fee $ 350 receipt number 0209-1451033), filed by Johnson Controls, Inc.. (Attachments: #1 Civil Cover Sheet)(Freedenberg, John) |
| Case Assigned to Hon. Richard J. Arcara. (KB) |
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