American Builders & Contractors Supply Co., Inc. v. Macaluso Enterprises, Ltd. et al
| American Builders & Contractors Supply Co., Inc. doing business as ABC Supply Co., Inc. |
| Macaluso Enterprises, Ltd., Dan Fulmer Corp., James La Ruez, Dan Fulmer Construction, Inc. and Dan C. Fulmer, Inc. |
| 6:2021cv06433 |
| June 7, 2021 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.
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Filing 18
CORRECTED DECISION AND ORDER re #10 First MOTION to Dismiss filed by Dan C. Fulmer, Inc., Macaluso Enterprises, Ltd., Dan Fulmer Construction, Inc., James La Ruez, Dan Fulmer Corp.. Signed by Hon. Charles J. Siragusa on 4/12/22. PLEASE NOTE: Corrected to correct a minor typographical error.(KAP)
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Filing 17
DECISION AND ORDER denying #10 Motion to Dismiss.ORDERED that pursuant to Fed. R. Civ. P. 42, the present action be consolidated with American Builders & Contractors Supply Co., Inc. v. Dan C. Fulmer, Inc. et al, No. 20-CV-6099. The lead case shall be the low-numbered Dan C. Fulmer, Inc. action, and this action will be administratively closed. And it is further ORDERED that ABC shall file a Consolidated Amended Complaint, which shall include all of their claims against the named Defendants in the two actions, no later than 30 days from the date of this decision and order; and it is further ORDERED that Defendant shall file an Answer or otherwise respond to the Consolidated Amended Complaint within 30 days after ABC files their Consolidated Amended Complaint. Signed by Hon. Charles J. Siragusa on 4/12/22. (KAP)-CLERK TO FOLLOW UP-
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Filing 16
REPLY/RESPONSE to re #10 First MOTION to Dismiss filed by Dan C. Fulmer, Inc., Dan Fulmer Construction, Inc., Dan Fulmer Corp., James La Ruez, Macaluso Enterprises, Ltd.. (Franco, Richard)
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Filing 15
MEMORANDUM in Opposition re #10 First MOTION to Dismiss filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Affidavit of Sean J. Lowe, #2 Exhibit 1 - RFA Responses, #3 Exhibit 2 - Interrogatory Responses)(Lowe, Sean)
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Filing 14
TEXT ORDER re #13 MOTION to appear pro hac vice of Sean J. Lowe filed by Plaintiff American Builders & Contractors Supply Co., Inc.. The appropriate papers having been filed and the required fees paid, it is hereby ordered that the application is GRANTED and Sean J. Lowe is admitted pro hac vice to represent Plaintiff. SO ORDERED.. Signed by Hon. Charles J. Siragusa on 7/28/21. (KAP)-CLERK TO FOLLOW UP-
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Filing 13
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4313783.) by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Petition of Sean J. Lowe, #2 Sponsor Affidavit of David M. Mannion, #3 Certificates of Good Standing, #4 Attorney's Oath, #5 Attorney Database Information, #6 Civilities Principles and Guidelines Oath, #7 ECF Registration Form, although No ECF Registration Needed)(Mannion, David)
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Filing 12
Corporate Disclosure Statement by Dan C. Fulmer, Inc., Dan Fulmer Construction, Inc., Dan Fulmer Corp., Macaluso Enterprises, Ltd.. (Franco, Richard)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
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Filing 11
TEXT MOTION SCHEDULING On July 6, 2021, Defendants Macaluso Enterprises, Ltd., Dan C. Fulmer, Inc., Dan Fulmer Corp., Dan Fulmer Construction, Inc., and James L. Ruez, filed a First Motion to Dismiss Plaintiff's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. [#10]. It is hereby ORDERED that Plaintiff American Builders & Contractors Supply Co., Inc. d/b/a ABC Supply Co., Inc., must file and serve any Response to Defendants motion to dismiss on or before August 6, 2021. Defendants must file and serve any Reply papers on or before August 20, 2021. Thereafter, the Court will issue a written decision at its earliest opportunity. So Ordered.. Signed by Hon. Charles J. Siragusa on 7/7/21. (KAP)
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Filing 10
First MOTION to Dismiss by Dan C. Fulmer, Inc., Dan Fulmer Construction, Inc., Dan Fulmer Corp., James La Ruez, Macaluso Enterprises, Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration)(Franco, Richard)
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E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE #8 AFFIDAVIT of Service for Summons and Complaint served on Dan Fulmer Corp.; #9 AFFIDAVIT of Service for Summons and Complaint served on Dan Fulmer Construction, Inc. ; #5 AFFIDAVIT of Service for Summons and Complaint served on Macaluso Enterprises, Ltd.; #7 AFFIDAVIT of Service for Summons and Complaint served on Dan C. Fulmer Inc.; #6 AFFIDAVIT of Service for Summons and Complaint served on James La Ruez. (TF)
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RE #5-9 Affidavits of Service - SUMMONS Returned Executed by American Builders & Contractors Supply Co., Inc.. Dan C. Fulmer, Inc. served on 6/14/2021, answer due 7/6/2021; Dan Fulmer Construction, Inc. served on 6/14/2021, answer due 7/6/2021; Dan Fulmer Corp. served on 6/14/2021, answer due 7/6/2021; James La Ruez served on 6/14/2021, answer due 7/6/2021; Macaluso Enterprises, Ltd. served on 6/14/2021, answer due 7/6/2021. (TF)
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Filing 9
AFFIDAVIT of Service for Summons and Complaint served on Dan Fulmer Construction, Inc. on 6/14/2021, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Affidavit A - Affidavit of Service)(Mannion, David)
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Filing 8
AFFIDAVIT of Service for Summons and Complaint served on Dan Fulmer Corp. on 6/14/2021, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Exhibit A - Affidavit of Service)(Mannion, David)
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Filing 7
AFFIDAVIT of Service for Summons and Complaint served on Dan C. Fulmer Inc. on 6/14/2021, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Exhibit A - Affidavit of Service)(Mannion, David)
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on James La Ruez on 6/14/2021, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Exhibit A - Affidavit of Service)(Mannion, David)
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Filing 5
AFFIDAVIT of Service for Summons and Complaint served on Macaluso Enterprises, Ltd. on 6/14/2021, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Exhibit A - Affidavit of Service)(Mannion, David)
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Filing 4
Summons Issued as to Dan C. Fulmer, Inc., Dan Fulmer Construction, Inc., Dan Fulmer Corp., James La Ruez, Macaluso Enterprises, Ltd.. (TF)
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Case assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil opening. (TF)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TF)
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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. (TF)
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Filing 3
NOTICE by American Builders & Contractors Supply Co., Inc. of Request for Issuance of Summons (Attachments: #1 Request for Issuance of Summons to Macaluso Enterprises, Ltd., #2 Request for Issuance of Summons to Dan C. Fulmer, Inc., #3 Request for Issuance of Summons to Dan Fulmer Corp., #4 Request for Issuance of Summons to Dan Fulmer Construction, Inc., #5 Request for Issuance of Summons to James La Ruez)(Mannion, David)
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Filing 2
Corporate Disclosure Statement by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Civil Cover Sheet)(Mannion, David)
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Filing 1
COMPLAINT against Dan C. Fulmer, Inc., Dan Fulmer Construction, Inc., Dan Fulmer Corp., James La Ruez, Macaluso Enterprises, Ltd. $ 402 receipt number 0209-4268792, filed by American Builders & Contractors Supply Co., Inc.. (Attachments: #1 Exhibit A - Credit Agreement, #2 Exhibit B - Statement of Account, #3 Exhibit C - Invoices)(Mannion, David)
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