Tutor Perini Building Corp. v. SLAYTON VENTURES, LLC et al

Docket(#137) STIPULATION AND ORDER OF DISCONTINUANCE WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel as follows: 1. Subject to the Court's approval of this Stipulation and the conditions set forth herein, the parties hereby agree that this action is dismissed and discontinued without prejudice as to Defendants pursuant to Rule 41(a)(l)(A)(ii) and Rule 41(a)(2) of the Federal Rules of Civil Procedure, and without costs or fees to either party; 2. The parties agree that to the extent TPBC commences a new action in the Supreme Court of the State of New York, County of New York, it may rely on CPLR 205 notwithstanding this Stipulation to discontinue this action, and that apart from the foregoing, the parties reserve all their respective rights under CPLR 205; 3. The parties agree that, except for any case management orders, the orders and decisions issued in the above-captioned action shall remain in effect as if they had been issued and entered by a Justice of the Supreme Court of the State of New York, County of New York in an action commenced in the first instance in that Court, provided however, the parties do not intend to expand any parties' appellate rights; 4. The parties agree that the discovery advanced and obtained in this action shall be applicable in any new state court action; 5. To the extent not already provided, the parties will exchange any materials they received pursuant to any subpoena issued for the purposes of class discovery by July 15, 2021. 6. Defendants agree that process in any new action commenced pursuant to Paragraph 2 herein shall be served by substituted service upon Defendants via email and overnight mail to their undersigned counsel and service shall be complete upon receipt. 7. This Stipulation may be signed in counterparts and electronic signatures on this Stipulation shall be deemed originals. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/14/2021) (kv) (Entered: 07/14/2021)

Docket(#136) PROPOSED STIPULATION AND ORDER. Document filed by Tutor Perini Building Corp...(Anderson, Emily) (Entered: 07/14/2021)

DocketSet/Reset Deadlines: Responses due by 7/29/2021 Replies due by 8/5/2021. (ama) (Entered: 06/16/2021)

Docket(#135) ORDER: granting #134 Letter Motion for Extension of Time. Granted. Class discovery shall be completed by June 29, 2021. By June 23, 2021, the parties shall meet and confer on whether TPBC will move for class certification under Rule 23 or to add parties under Rule 19. TPBC shall file its motion by July 13, 2021. Defendants shall respond to that motion by July 29, 2021. TPBC shall file its reply, if any, by August 5, 2021. SO ORDERED. Discovery due by 6/29/2021. Motions due by 7/13/2021. (Signed by Judge Paul A. Engelmayer on 6/16/2021) (ama) (Entered: 06/16/2021)

Docket(#134) LETTER MOTION for Extension of Time /extension of discovery and motion deadlines set forth in CMP addressed to Judge Paul A. Engelmayer from Emily D. Anderson dated June 15, 2021. Document filed by Tutor Perini Building Corp...(Anderson, Emily) (Entered: 06/15/2021)

Docket(#133) FIRST CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Motions due by 6/29/2021. Responses due by 7/15/2021. Replies due by 7/22/2021. The Court will schedule a Case Management Conference in a second Case Management Plan, after resolution of the representative-action issue. (Signed by Judge Paul A. Engelmayer on 5/5/2021) (va) Modified on 5/6/2021 (va). (Entered: 05/05/2021)

Docket(#132) STATUS REPORT. /First Case Management Plan and Scheduling Order Document filed by Tutor Perini Building Corp...(Anderson, Emily) (Entered: 05/04/2021)

Docket(#131) ORDER FOR ADMISSION PRO HAC VICE: granting #130 Motion for Mary Elissa Toscano to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/03/2021) (ama) (Entered: 05/03/2021)

DocketMinute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 5/3/2021. (ajs) (Entered: 05/03/2021)

Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #130 MOTION for Mary Elissa Toscano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24477341. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/30/2021)

Docket***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gabriel Henriquez. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case - Other; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State. (pne) (Entered: 01/28/2020)

DocketCASE REFERRED TO Judge Ronnie Abrams as possibly related to 19CV5344. (pne) (Entered: 01/28/2020)

DocketCase Designated ECF. (pne) (Entered: 01/28/2020)

DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) (Entered: 01/28/2020)

Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gabriel Henriquez to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): MULTIPLE NATURE OF SUIT SELECTIONS WERE MADE; REMOVE SELECTION OF 890 FROM THE CIVIL COVER SHEET PDF; the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pne) (Entered: 01/28/2020)

Docket(#5) NOTICE OF APPEARANCE by Robert Nida on behalf of Tutor Perini Building Corp.. (Nida, Robert) (Entered: 01/27/2020)

Docket(#4) STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-05344. Document filed by Tutor Perini Building Corp..(Henriquez, Gabriel) (Entered: 01/27/2020)

Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tutor Perini Corporation for Tutor Perini Building Corp.. Document filed by Tutor Perini Building Corp..(Henriquez, Gabriel) (Entered: 01/27/2020)

Docket(#2) FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Attachments: #1 Supplement Defendants (Cont'd))(Henriquez, Gabriel) Modified on 1/28/2020 (pne). (Entered: 01/27/2020)

Docket(#1) COMPLAINT against William "Trey" Burke, DVCI CDE XIII, LLC, GEORGE WASHINGTON BRIDGE BUS STATION AND INFRASTRUCTURE DEVELOPMENT FUND, PHASE II, LLC, GSB NMTC INVESTOR LLC, GSNMF SUB-CDE 12 LLC, GWB LEVERAGE LENDER, LLC, GWB NMTC INVESTMENT FUND LLC, Stephen Garchik, George Washington Bridge Bus Station and Infrastructure Development Fund, LLC, LIIF SUB-CDE XXVI, LLC, Stephen McBride, New York city Regional Center, LLC, SJM PARTNERS INC., SJM PARTNERS, LLC, SLAYTON EQUITIES, SLAYTON VENTURES, LLC, Paul Slayton, Upper Manhattan Empowerment Zone Development Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-18609399)Document filed by Tutor Perini Building Corp..(Henriquez, Gabriel) (Entered: 01/27/2020)