Gurbacki v. Walco Electric Co et al
| Austin Gurbacki |
| Quality Products Inc, Dynics Inc, Walco Electric Co, Right Lane Capital LLC, FENN LLC, United Dominion Industries, Walco Mfg Corp, Walco Electric Company, Walco Manufacturing Corp., Walco Manufacturing Corp. doing business as Walco, Walco Electric Company doing business as Walco and Fenn LLC doing business as Fenn Manufacturing doing business as The Fenn Manufacturing Co. doing business as Fenn-Torin doing business as Fenn doing business as USA.Fenn |
| SPX Corporation, Ann Arbor Technologies Corp. and Dynics, Inc. |
| 1:2019cv01656 |
| December 10, 2019 |
| US District Court for the Western District of New York |
| H Kenneth Schroeder |
| John L Sinatra |
| Lawrence J Vilardo |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 72 Mediation Certification by Michael Menard. Mediation session has been adjourned to 3/16/2023.(Menard, Michael) |
| Filing 71 Mediation Certification by Michael Menard. Mediation session has been adjourned to 12/15/2022.(Menard, Michael) |
| Filing 70 AMENDED DOCUMENT by Walco Electric Company. Amendment to #69 Corporate Disclosure Statement . (Visco, Betsy) |
| Filing 69 Corporate Disclosure Statement by Walco Electric Company identifying Corporate Parent Travelers Insurance Company for Walco Electric Company.. (Visco, Betsy) |
| Filing 68 Corporate Disclosure Statement by Fenn LLC identifying Corporate Parent Right Lane Industries LLC for Fenn LLC, Fenn LLC.. (DiPalma, Jeffrey) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| Filing 67 NOTICE of Change of Address by Jeffrey P. DiPalma (DiPalma, Jeffrey) |
| Filing 66 Mediation Certification by Michael Menard. Mediation session has been adjourned to 9/29/2022.(Menard, Michael) |
| Filing 65 MEMORANDUM in Support re #52 MOTION for Summary Judgment filed by Dynics, Inc.. (Attachments: #1 Affidavit of Edward Gatt, #2 certificate of service)(Hulslander, Kevin) |
| Filing 64 AFFIDAVIT in Opposition in Opposition re #52 MOTION for Summary Judgment with Accompanying Memorandum of Law, Exhibits and Response to Statement of Facts filed by Austin Gurbacki. (Attachments: #1 Exhibit Exhibit A - Dynics Rule 26 Disclosures, #2 Exhibit Exhibit B - Dynics Response to Plaintiff's Interrogatories, #3 Exhibit Exhibit C - Dynics Response to Plaintiff's Request for Production, #4 Exhibit Exhibit D - Press Release Announcing Merger, #5 Exhibit Exhibit E - Emails Regarding Depositions, #6 Memorandum in Support, #7 Statement of Undisputed Facts Response to Statement of Facts)(Pannozzo, Christopher) |
| Filing 63 Mediation Certification by Michael Menard. Mediation session has been adjourned to 6/29/2022.(Menard, Michael) |
| Filing 62 TEXT ORDER finding as moot #56 Motion to Compel and directing plaintiff to respond to #52 Motion for Summary Judgment no later than 6/10/2022. Issued by Hon. H. Kenneth Schroeder Jr. on 4/20/2020. (KER) |
| Filing 61 Letter filed by Austin Gurbacki as to Right Lane Capital LLC, Walco Electric Company, Ann Arbor Technologies Corp., Quality Products Inc, Walco Manufacturing Corp., Dynics, Inc., United Dominion Industries, Fenn LLC, SPX Corporation regarding status of Discovery Motion. (Pannozzo, Christopher) |
| Filing 60 TEXT ORDER directing plaintiff's counsel to provide the Court with a status report of outstanding issues pertaining to its #56 MOTION to Compel Interrogatory Responses and Discovery Responses of WALCO Defendants. Issued by Hon. H. Kenneth Schroeder Jr. on 4/19/2022. (KER) |
| Filing 59 AFFIDAVIT In Response to Plaintiff's Motion to Compel by Walco Electric Company filed by Walco Electric Company. (Attachments: #1 Exhibit Exhibit A - Answer, #2 Exhibit Exhibit B - Interrogatory Responses)(Visco, Betsy) |
| Filing 58 Letter filed by Walco Electric Company as to Right Lane Capital LLC, Walco Electric Company, Ann Arbor Technologies Corp., Quality Products Inc, Walco Manufacturing Corp., Dynics, Inc., United Dominion Industries, Fenn LLC, SPX Corporation requesting extension by consent to motion to compel. (Visco, Betsy) |
| Filing 57 TEXT ORDER Staying Response and Reply to #52 MOTION for Summary Judgment filed by Dynics, Inc., pending resolution of #56 MOTION to Compel Interrogatory Responses and Discovery Responses of WALCO Defendants filed by Austin Gurbacki: Responses due by 2/11/2022. Replies due by 2/25/2022. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 1/20/2022. (KER) |
| Filing 56 MOTION to Compel Interrogatory Responses and Discovery Responses of WALCO Defendants by Austin Gurbacki. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Exhibit A - Scheduling Order, #3 Exhibit Exhibit B - Interrogatories, #4 Exhibit Exhibit C - Document Demands, #5 Exhibit Exhibit D - September 7 Email, #6 Exhibit Exhibit E - November 2 Email, #7 Exhibit Exhibit F - November 19 Email, #8 Exhibit Exhibit G - January 3 Email)(Pannozzo, Christopher) |
| E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. #55 AFFIDAVIT IN SUPPORT Resubmission of Supporting Affidavit of Edward Gatt (signed and notarized) (SG) |
| Filing 55 AFFIDAVIT IN SUPPORT Resubmission of Supporting Affidavit of Edward Gatt (signed and notarized) by Dynics, Inc..(Felter, Karen) Modified on 1/4/2022 to correct title and terminate as a motion (SG). |
| Filing 54 Mediation Certification by Michael Menard. Mediation session has been adjourned to 2/25/2022.(Menard, Michael) |
| Filing 53 TEXT ORDER re #52 MOTION for Summary Judgment filed by Dynics, Inc.: Responses due by 1/28/2022. Replies due by 2/18/2022. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 12/22/2021. (KER) |
| Filing 52 MOTION for Summary Judgment by Dynics, Inc.. (Attachments: #1 Declaration Kevin E. Hulslander, Esq., #2 Exhibit 1-Dynic's FRCP Rule 16 Disclosures, #3 Exhibit 2-Plaintiff's FRCP Rule 16 Disclosures and portions of relevant attachments, #4 Exhibit 3-Plaintiff's Response to Dynics' First Set of Interrogatories, #5 Exhibit 4-Plaintiff's First and Second Supplemental Responses to Dynic's First Set of Interrogatories, #6 Exhibit 5-Plaintiff's First Set of Interrogatories to Dynics, #7 Exhibit 6-Plaintiff's Response to Dynic's Second Set of Interrogatories, #8 Affidavit Edward Gatt, #9 Statement of Undisputed Facts, #10 Memorandum in Support)(Hulslander, Kevin) |
| Filing 51 Letter filed by Austin Gurbacki as to Right Lane Capital LLC, Walco Electric Company, Ann Arbor Technologies Corp., Quality Products Inc, Walco Manufacturing Corp., Dynics, Inc., United Dominion Industries, Fenn LLC, SPX Corporation Requesting Discovery Conference. (Pannozzo, Christopher) |
| Filing 50 Mediation Certification by Michael Menard. Mediation session has been adjourned to 12/9/2021.(Menard, Michael) |
| Filing 49 NOTICE of Appearance by Betsy F. Visco on behalf of Walco Electric Company (Visco, Betsy) |
| Filing 48 Mediation Certification by Michael Menard. Mediation session has been adjourned to 10/26/2021.(Menard, Michael) |
| Filing 47 Mediation Certification by Michael Menard. Mediation session has been adjourned to 6/7/2021.(Menard, Michael) |
| Filing 46 NOTICE of Appearance by Michelle M. Davoli on behalf of Walco Electric Company (Davoli, Michelle) |
| Filing 45 Mediation Certification by Michael Menard. The case has not settled mediation will continue on 4/7/2021.(Menard, Michael) |
| Filing 44 Stipulation-Selection of Mediator by Austin Gurbacki. (Pannozzo, Christopher) |
| Filing 43 CASE MANAGEMENT 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.) Stipulation of Selection of Mediator due by 11/15/2020; Motions to Join Parties/Amend Pleadings due by 11/30/2020; First Mediation Session due by 2/1/2021; Motions to Compel Discovery due by 1/15/2022; Discovery completed by 1/31/2022; Plaintiff Expert Witness ID due by 2/28/2022; Defendant Expert Witness ID due by 3/15/2022; Dispositive Motions due by 6/29/2022; Mediation To End by 6/29/2022. Signed by Hon. H. Kenneth Schroeder Jr. on 10/30/2020. (LMG) |
| Filing 42 DISCOVERY PLAN by Austin Gurbacki.(Pannozzo, Christopher) |
| Filing 41 TEXT ORDER: The parties are hereby directed to submit their proposed Case Management to the Court, in accordance with the Order issued by this Court at Dkt. #40, no later than 10/28/2020. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 10/20/2020. (LMG) |
Filing 40
ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 8/14/20. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
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| Filing 39 UDI's ANSWER to Complaint Cross-Claim of Dynics Inc by United Dominion Industries.(DiPalma, Jeffrey) |
| Filing 38 UDI's ANSWER to Complaint Cross-Claim of Walco Electric Co by United Dominion Industries.(DiPalma, Jeffrey) |
| Filing 37 STIPULATION of Dismissal of causes of action by plaintiff against UDI by United Dominion Industries. (DiPalma, Jeffrey) |
| Filing 36 STIPULATION of Dismissal of Cross-Claims Against SPX & UDI by Fenn LLC. (DiPalma, Jeffrey) |
| Filing 35 TEXT ORDER granting #34 Motion for Extension of Time to Answer: United Dominion Industries answer due 7/24/2020. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 6/23/2020. (KER) |
| Filing 34 Third MOTION for Extension of Time to File Answer re #1 Notice of Removal,,, by United Dominion Industries.(DiPalma, Jeffrey) |
| E-Filing Notification: #33 Letter filed by United Dominion Industries. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. (DiPalma, Jeffrey) (BK) |
| Filing 33 Letter filed by United Dominion Industries as to Right Lane Capital LLC, Walco Electric Company, Ann Arbor Technologies Corp., Quality Products Inc, Walco Manufacturing Corp., Dynics, Inc., United Dominion Industries, Fenn LLC, SPX Corporation requesting extention to answer on consent. (DiPalma, Jeffrey) |
| Filing 32 TEXT ORDER granting #31 Motion for Extension of Time to File Answer: United Dominion Industries answer due 6/23/2020. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 3/30/2020. (KER) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #31 Second MOTION for Extension of Time to File Answer (BK) |
| Filing 31 Second MOTION for Extension of Time to File Answer by United Dominion Industries.(DiPalma, Jeffrey) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #30 Notice of Substitution of Counsel: Jeffrey P DiPalma is substituted for James H. Phillips, Eric R. Fish, Gregory C. Ulmer, Francesca Perkins Austin. CLERK TO FOLLOW UP. (DiPalma, Jeffrey) (BK) |
| Filing 30 Notice of Substitution of Counsel: Jeffrey P DiPalma is substituted for James H. Phillips, Eric R. Fish, Gregory C. Ulmer, Francesca Perkins Austin. CLERK TO FOLLOW UP. (DiPalma, Jeffrey) |
| Filing 29 TEXT ORDER granting consent #28 Motion for Extension of Time to Answer by United Dominion Industries. Answer is now due 3/26/2020. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 2/26/20. (HKG) |
| Filing 28 MOTION for Extension of Time to File Answer to Plaintiff's Complaint by United Dominion Industries.(Perkins Austin, Francesca) |
| E-Filing Notification: #27 Letter filed by United Dominion Industries. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF) |
| Filing 27 Letter filed by United Dominion Industries as to Right Lane Capital LLC, Walco Electric Company, Ann Arbor Technologies Corp., Quality Products Inc, Walco Manufacturing Corp., Dynics, Inc., United Dominion Industries, Fenn LLC, SPX Corporation . (Perkins Austin, Francesca) |
| Filing 26 TEXT ORDER REASSIGNING CASE to the Hon. John L. Sinatra, Jr. Signed by Mary C. Loewenguth, Clerk of Court, on February 18, 2020. (JMM) |
| Filing 25 NOTICE of Appearance by John Wallace on behalf of Walco Electric Company (Attachments: #1 Certificate of Service)(Wallace, John) |
| Filing 24 NOTICE of Appearance by Karen Guyder Felter on behalf of Dynics, Inc. (Attachments: #1 Certificate of Service)(Felter, Karen) |
| Filing 23 ANSWER to #9 Answer to Complaint,, Crossclaim, by Dynics, Inc.. (Attachments: #1 Certificate of Service)(Felter, Karen) |
| Filing 22 REPLY/RESPONSE to re #9 Answer to Complaint,, Crossclaim, filed by Co-Defendants Fenn, LLC and Quality Products, Inc. filed by SPX Corporation. (Phillips, James) |
| Filing 21 ANSWER to #9 Answer to Complaint,, Crossclaim, filed by Co-Defendant Dynics, Inc. by SPX Corporation.(Phillips, James) |
| Filing 20 NOTICE of Appearance by Francesca Perkins Austin on behalf of SPX Corporation (Perkins Austin, Francesca) |
| Filing 19 NOTICE of Appearance by Gregory Clayton Ulmer on behalf of SPX Corporation (Ulmer, Gregory) |
| E-Filing Notification: #16 NOTICE by SPX Corporation, re #5 Notice of Appearance of Additional Counsel (Phillips, James) Modified on 1/15/2020 to remove United Dominion Industries as a filer (SG). (SG) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (CGJ) |
| Filing 18 NOTICE of Appearance by Kevin E. Hulslander on behalf of Dynics, Inc. (Attachments: #1 corporate disclosure, #2 Certificate of Service)(Hulslander, Kevin) |
| Filing 17 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 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. 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. 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. Issued by Hon. Lawrence J. Vilardo on 1/9/2020. (CMD) |
| Filing 16 NOTICE by SPX Corporation, re #5 Notice of Appearance of Additional Counsel (Phillips, James) Modified on 1/15/2020 to remove United Dominion Industries as a filer (SG). |
| Filing 15 TEXT ORDER GRANTING #14 MOTION for Extension of Time to File Answer to Complaint filed by United Dominion Industries filed by United Dominion Industries. The defendant's time to answer or otherwise make motions with respect to the complaint is extended to 2/27/2020. Issued by Hon. Lawrence J. Vilardo on 1/7/2020. (CMD) |
| Filing 14 MOTION for Extension of Time to File Answer to Complaint by United Dominion Industries. (Attachments: #1 Stipulation and Proposed Order to Extend Time to Answer the Complaint)(Fish, Eric) |
| Filing 13 Corporate Disclosure Statement by Walco Electric Company, Walco Manufacturing Corp.. (Attachments: #1 Certificate of Service)(Fabrizi, Leo) |
| Filing 12 NOTICE of Appearance by Leo T. Fabrizi on behalf of Walco Electric Company, Walco Manufacturing Corp. (Attachments: #1 Certificate of Service)(Fabrizi, Leo) |
| Filing 11 Corporate Disclosure Statement by SPX Corporation. (Fish, Eric) |
| Filing 10 Corporate Disclosure Statement by United Dominion Industries. (Fish, Eric) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KLH) |
| Filing 9 Fenn & QPI's ANSWER to Complaint with, CROSSCLAIM against Ann Arbor Technologies Corp., Dynics, Inc., SPX Corporation, United Dominion Industries, Walco Electric Company, Walco Manufacturing Corp. by Quality Products Inc, Fenn LLC.(DiPalma, Jeffrey) |
| Filing 8 Corporate Disclosure Statement by Quality Products Inc. (DiPalma, Jeffrey) |
| Filing 7 TEXT ORDER GRANTING #6 MOTION for Extension of Time to File Answer filed by United Dominion Industries. The defendant's time to answer or otherwise make motions with respect to the complaint is extended to 1/6/2020. Issued by Hon. Lawrence J. Vilardo on 12/23/2019. (CMD) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (CGJ) |
| Filing 6 MOTION for Extension of Time to File Answer by United Dominion Industries. (Attachments: #1 Stipulation and Proposed Order to Extend Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint)(Fish, Eric) |
| Filing 5 NOTICE of Appearance by Eric R. Fish on behalf of SPX Corporation, United Dominion Industries (Fish, Eric) |
| Filing 4 TEXT ORDER. The #3 stipulation for extension of time to answer is HEREBY SO ORDERED. Defendants, Fenn LLC and Quality Products Inc.'s time to answer or otherwise make motions with respect to the complaint is extended to 1/6/2020. Issued by Hon. Lawrence J. Vilardo on 12/16/2019. (CMD) |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Filing 3 STIPULATION to extend the time to respond by Fenn LLC, Quality Products Inc. (DiPalma, Jeffrey) |
| Filing fee received: $ 400.00, receipt number ROC011941 (CGJ) |
| Filing 2 AFFIDAVIT of Mailing by Fenn LLC, Quality Products Inc. (DiPalma, Jeffrey) |
| No fee received with case opening. Attorney contacted and advised they have 24 hours to resolve the matter. (CGJ) |
| Filing 1 NOTICE OF REMOVAL by Quality Products Inc, FENN LLC from Erie County, case number 813140/2019., filed by Quality Products Inc, FENN LLC. (Attachments: #1 Exhibit A Summons & Complaint, #2 Exhibit B Cert of Incorp FENN LLC, #3 Exhibit C Cert of Incorp QPI, #4 Exhibit D Cert of Incorp Walco Elec, #5 Exhibit E Cert of Merger Walco Mfg, #6 Exhibit F Cert of Incorp SPX Corp, #7 Exhibit G Cert of Incorp Right Lane Capital LLC, #8 Exhibit H Cert of Merger United Dominion Ind, #9 Exhibit I Cert of Incorp Dynics Inc, #10 Exhibit J Cert of dissolution Ann Arbor Tech, #11 Exhibit K Filed State Court Documents, #12 Declaration L. Fabrizi Esq, #13 Declaration K. Hulslander Esq, #14 Declaration F. Perkins Austin Esq, #15 Exhibit O Settlement Agreement Albino v Global Equip USA Ltd, #16 Civil Cover Sheet)(DiPalma, Jeffrey) |
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