McGuire PV Holding L.P. et al v. Sonwil Distribution Center, Inc. et al
| Sonwil Distribution Center, Inc., Proline Concrete of WNY, Inc. and Site Specialties, LLC |
| McGuire PV Holding L.P., Campus Square LLC, RP Oak Hill Building Company, Inc. and Empire Building Diagnostics, Inc. |
| 315 Ship Canal Parkway, LLC |
| 1:2023cv01277 |
| December 8, 2023 |
| US District Court for the Western District of New York |
| H Kenneth Schroeder |
| John L Sinatra |
| Environmental Matters |
| 42 U.S.C. § 6901 Environmental Cleanup Expenses |
| Both |
Docket Report
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| Filing 22 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., 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. John L. Sinatra, Jr. on 2/1/2024. (KLH) |
| Filing 21 CERTIFICATE OF SERVICE re #20 Answer to Complaint, Answer to Crossclaim, by Site Specialties, LLC.(Walsh, Kevin) Modified on 2/1/2024 (JLV). |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
| E-Filing Notification: #21 ANSWER; Clerk modified entry to Certificate of Service. (JLV) |
| Filing 20 Site Specialties LLC ANSWER to #1 Complaint,,, #19 Answer to Complaint,, Crossclaim,, Counterclaim, , ANSWER to #1 Complaint,,, #19 Answer to Complaint,, Crossclaim,, Counterclaim, , CROSSCLAIM Site Specialties LLC against 315 Ship Canal Parkway, LLC, Proline Concrete of WNY, Inc., Sonwil Distribution Center, Inc. by Site Specialties, LLC.(Walsh, Kevin) |
| Filing 19 ANSWER to #1 Complaint,,, , CROSSCLAIM against Proline Concrete of WNY, Inc., Site Specialties, LLC, COUNTERCLAIM against All Plaintiffs by 315 Ship Canal Parkway, LLC, Sonwil Distribution Center, Inc.. (Attachments: #1 Certificate of Service)(Walsh, Gerald) |
| Filing 18 Corporate Disclosure Statement by Site Specialties, LLC. (Walsh, Kevin) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Site Specialties Inc. on December 14, 2023, filed by Campus Square LLC, Empire Building Diagnostics, Inc., McGuire PV Holding L.P., RP Oak Hill Building Company, Inc.. (Krajewski, Kenneth) |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint served on Proline Concrete of WNY, Inc. on January 9, 2024, filed by Campus Square LLC, Empire Building Diagnostics, Inc., McGuire PV Holding L.P., RP Oak Hill Building Company, Inc.. (Krajewski, Kenneth) |
| Filing 15 AFFIDAVIT of Service for Summons and Complaint served on 315 Ship Canal Parkway, LLC on December 14, 2023, filed by Campus Square LLC, Empire Building Diagnostics, Inc., McGuire PV Holding L.P., RP Oak Hill Building Company, Inc.. (Krajewski, Kenneth) |
| Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Sonwil Distribution Center Inc. on December 14, 2023, filed by Campus Square LLC, Empire Building Diagnostics, Inc., McGuire PV Holding L.P., RP Oak Hill Building Company, Inc.. (Krajewski, Kenneth) |
| Filing 13 Corporate Disclosure Statement by McGuire PV Holding L.P. identifying Corporate Parent McGuire Development Company, LLC for McGuire PV Holding L.P... (Krajewski, Kenneth) |
| Filing 12 Corporate Disclosure Statement by Campus Square LLC identifying Corporate Parent McGuire Campus Square, LLC for Campus Square LLC.. (Krajewski, Kenneth) |
| Filing 11 TEXT ORDER acknowledging the #10 stipulation between Plaintiffs and Defendant Site Specialties, LLC. Defendant Site Specialties, LLC, shall answer or otherwise respond to the complaint by 1/31/2024. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/5/2024. (KEF) |
| Filing 10 STIPULATION by Site Specialties, LLC. (Walsh, Kevin) |
| Filing 9 TEXT ORDER acknowledging the #8 stipulation between Plaintiffs and Defendants 315 Ship Canal Parkway, LLC, and Sonwil Distribution Center, Inc. Defendants 315 Ship Canal Parkway, LLC, and Sonwil Distribution Center, Inc., shall answer or otherwise respond to the complaint by 1/31/2024. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/3/2024. (KEF) |
| Filing 8 STIPULATION re #1 Complaint,,, Extending Time to Respond to Complaint by 315 Ship Canal Parkway, LLC, Sonwil Distribution Center, Inc.. (Attachments: #1 Certificate of Service)(Walsh, Gerald) |
| Filing 7 NOTICE of Appearance by Kevin D. Walsh on behalf of Site Specialties, LLC (Attachments: #1 Certificate of Service)(Walsh, Kevin) |
| Filing 6 Corporate Disclosure Statement by 315 Ship Canal Parkway, LLC, Sonwil Distribution Center, Inc.. (Attachments: #1 Certificate of Service)(Walsh, Gerald) |
| Filing 5 NOTICE of Appearance by Gerald T. Walsh on behalf of 315 Ship Canal Parkway, LLC, Sonwil Distribution Center, Inc. (Attachments: #1 Certificate of Service)(Walsh, Gerald) |
| Filing 4 Corporate Disclosure Statement by Empire Building Diagnostics, Inc.. (Krajewski, Kenneth) |
| Filing 3 Corporate Disclosure Statement by RP Oak Hill Building Company, Inc.. (Krajewski, Kenneth) |
| Filing 2 Summons Issued as to 315 Ship Canal Parkway, LLC., Proline Concrete of WNY, Inc., Site Specialties, LLC., and Sonwil Distribution Center, Inc. (TMK) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK) |
| ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| 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. (TMK) |
| Filing fee paid twice. Please refer to refund policy located on our website: www.nywd.uscourts.gov (TMK) |
| Filing 1 COMPLAINT against 315 Ship Canal Parkway, LLC, Proline Concrete of WNY, Inc., Site Specialties, LLC, Sonwil Distribution Center, Inc. $ 405 receipt number ANYWDC-5051752, filed by RP Oak Hill Building Company, Inc., Campus Square LLC, Empire Building Diagnostics, Inc., McGuire PV Holding L.P.. (Attachments: #1 Exhibit Exhibit A - Agreement, #2 Exhibit Exhibit B - Limited Scope Notice, #3 Exhibit Exhibit C - Scope of Work Document and Work Order, #4 Exhibit Exhibit D - Site Specialties Proposal, #5 Exhibit Exhibit E - Beneficial use Determination, #6 Civil Cover Sheet, #7 Summons to Proline, #8 Summons to Sonwil, #9 Summons to Site Specialties, #10 Summons to 315 Ship)(Krajewski, Kenneth) Modified on 12/8/2023 (TMK). |
| E-Filing Notification: re #1 COMPLAINT - Modified the text of Exhibit E per attorney. (TMK) |
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