New York Northern District Court Records

(#19) ANSWER TO #1 COMPLAINT , CROSSCLAIM AGAINST INVACARE CORPORATION BY RALPH O'MARA-GARCIA.(COST, DAVID) (ENTERED: 07/31/2020)

(#18) TEXT ORDER GRANTING #14 MOTION FOR LIMITED ADMISSION PRO HAC VICE. ATTORNEY KENT M. LUCACCIONI IS HEREBY ADMITTED TO PRACTICE IN THIS ACTION ON BEHALF OF DEFENDANT INVACARE CORPORATION. COUNSEL IS HEREBY ADVISED THAT AS OF JANUARY 16, 2018, THE NYND HAS CONVERTED TO NEXTGEN. DUE TO THIS CONVERSION, YOU MUST NOW REGISTER FOR PRO HAC VICE ACCESS THROUGH YOUR PACER ACCOUNT. THIS IS THE ONLY NOTICE YOU WILL RECEIVE CONCERNING THIS REQUIREMENT. YOU WILL NOT HAVE ACCESS TO ELECTRONICALLY FILE IN THIS CASE UNTIL YOUR PRO HAC VICE REQUEST HAS BEEN PROCESSED THROUGH THE PACER SYSTEM. STEP-BY-STEP INSTRUCTIONS ON HOW TO COMPLETE THIS PROCESS ARE AVAILABLE AT HTTP://WWW.NYND.USCOURTS.GOV/ATTORNEY-ADMISSIONS-NEXTGEN. SIGNED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 7/28/2020. (MAB) (ENTERED: 07/28/2020)

(#10) LETTER FROM JOHNSON INQUIRING AS TO STATUS. (NAS, ) (ENTERED: 07/29/2020)

CASE TRANSFERRED FROM NEW YORK NORTHERN HAS BEEN OPENED IN U.S. DISTRICT COURT, WESTERN DISTRICT OF NEW YORK AS CASE 6:20-CV-06551, FILED 07/29/2020. (NAS, ) (ENTERED: 07/29/2020)

(#5) SUMMONS RETURNED EXECUTED BY ANTHONY DIPERNA, AARON HILGER, BRIAN EDWARDS, FRANK PIETROWSKI, INTERNATIONAL UNION OF BRICKLAYERS & ALLIED CRAFTWORKERS, LOCAL NO. 3, RICHARD WILLIAMSON, JAMES LOGAN, BRIAN DONNELLY, JEFFREY MORRIS, BRADLEY WALTERS, DUANE VORHIS, BRETT SHERMAN, SCOTT STRINGER, JASON REQUA, JOSHUA SCOTT. ANTHONY J. GIAMMARINO SERVED ON 6/27/2020, ANSWER DUE 7/20/2020. (GUZA, JOSEPH) (ENTERED: 07/16/2020)

(#4) SUMMONS RETURNED EXECUTED BY ANTHONY DIPERNA, AARON HILGER, BRIAN EDWARDS, FRANK PIETROWSKI, INTERNATIONAL UNION OF BRICKLAYERS & ALLIED CRAFTWORKERS, LOCAL NO. 3, RICHARD WILLIAMSON, JAMES LOGAN, BRIAN DONNELLY, JEFFREY MORRIS, BRADLEY WALTERS, DUANE VORHIS, BRETT SHERMAN, SCOTT STRINGER, JASON REQUA, JOSHUA SCOTT. ANTHONY J. GIAMMARINO ASSOCIATES, LLC SERVED ON 6/8/2020, ANSWER DUE 6/29/2020. (GUZA, JOSEPH) (ENTERED: 06/15/2020)

(#9) ORDER REFERRING CASE TO MANDATORY MEDIATION. DEADLINE FOR MEDIATOR SELECTION IS 8/27/2020. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 1/25/2021. SIGNED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 7/30/2020. (JDP ) (ENTERED: 07/31/2020)

(#8) UNIFORM PRETRIAL SCHEDULING ORDER: ANTICIPATED LENGTH OF TRIAL: 3. PREFERRED TRIAL LOCATION: ALBANY. JOINDER OF PARTIES DUE BY 11/20/2020. AMENDED PLEADINGS DUE BY 11/20/2020. DISCOVERY DUE BY 4/23/2021. PLAINTIFFS EXPERT DISCLOSURE DEADLINE IS 1/25/2021. DEFENDANTS EXPERT DISCLOSURE DEADLINE IS 3/9/2021. REBUTTAL EXPERT DISCLOSURE DEADLINE IS 3/24/2021. MOTIONS TO BE FILED BY 5/24/2021. TRIAL READY DEADLINE IS 6/30/2021. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 1/25/2021. JURY TRIAL SET FOR 7/26/2021 09:30 AM IN ALBANY BEFORE SENIOR JUDGE LAWRENCE E. KAHN. STATUS REPORT DUE BY 10/26/2020. SIGNED BY MAGISTRATE JUDGE MIROSLAV LOVRIC ON 7/30/2020. (JDP, ) (ENTERED: 07/31/2020)

(#11) LETTER FROM CALDERON REGARDING RECEIPT OF DOCUMENTS. UPDATED COPY OF DOCKET SHEET PROVIDED. (NAS, ) (ENTERED: 07/30/2020)

(#10) TEXT ORDER REOPENING CASE: THIS ACTION WAS ADMINISTRATIVELY CLOSED DUE TO PLAINTIFF'S FAILURE TO COMPLY WITH THE FILING FEE REQUIREMENTS, AND PLAINTIFF WAS DIRECTED TO RESPOND TO THE ORDER IF S/HE WISHED TO PURSUE THIS ACTION. PLAINTIFF HAS NOW RESPONDED. THE CLERK IS DIRECTED TO REOPEN THIS ACTION AND RESTORE IT TO THE COURT'S ACTIVE DOCKET. AUTHORIZED BY SENIOR JUDGE GARY L. SHARPE ON 7/8/2020. {TEXT ORDER SERVED VIA REGULAR MAIL ON PLAINTIFF}(NAS, ) (ENTERED: 07/08/2020)

(#10) TEXT ORDER RE #9 STATUS REPORT FILED BY PAUL ANTHONY GORMAN, THE GORMAN GROUP, LLC, ALBERT MARK GORMAN, GORMAN BROS., INC. EXTENDING ANSWER DEDLINE. ANSWER DUE DATE UPDATED FOR ALBERT MARK GORMAN ANSWER DUE 8/21/2020; PAUL ANTHONY GORMAN ANSWER DUE 8/21/2020; GORMAN BROS., INC. ANSWER DUE 8/21/2020; THE GORMAN GROUP, LLC ANSWER DUE 8/21/2020. AUTHORIZED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 7/2/2020. (TAB) (ENTERED: 07/02/2020)

(#9) STATUS REPORT REGARDING FILING OF ANSWER BY ALBERT MARK GORMAN, PAUL ANTHONY GORMAN, GORMAN BROS., INC., THE GORMAN GROUP, LLC. (ATTACHMENTS: #1 AFFIDAVIT CERTIFICATE OF SERVICE)(JOSLIN, LISA) (ENTERED: 07/01/2020)

(#22) LETTER ENCLOSING EXHIBITS FILED BY CARLOS SANCHEZ. (ATTACHMENTS: #1 EXHIBIT 1, #2 EXHIBIT 2, #3 EXHIBIT 3, #4 EXHIBIT 4, #5 MAILING ENVELOPE)(MEB) (ENTERED: 08/06/2020)

(#21) AMENDED COMPLAINT WITH JURY DEMAND FILED BY CARLOS SANCHEZ. (MAILING ENVELOPE INCLUDED)(MEB) (ENTERED: 08/05/2020)

(#58) TEXT ORDER: AS A RESULT OF TEXT ORDER 57 , THE COURT FINDS THAT CONSOLIDATION IS APPROPRIATE. CIVIL ACTION NO. 3:19-CV-1372 (LEK/ML) HAS BEEN DEEMED THE "LEAD CASE" AND THIS CASE SHALL BE DEEMED A "MEMBER CASE." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:19-CV-1372 (LEK/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. SO ORDERED BY U.S. MAGISTRATE JUDGE MIROSLAV LOVRIC ON 6/17/2020.(JDP ) (ENTERED: 06/18/2020)

(#57) TEXT ORDER REASSIGNING CASE. UPON FURTHER REVIEW OF THIS CASE, THE COURT FINDS THAT THIS ACTION IS RELATED TO THE EARLIER CASE BALURA ET AL V. ETHICON, INC. ET AL (CASE NO. 3:19-CV-1372 (LEK/ML)) AND THEREFORE, IN ACCORDANCE WITH THE COURT'S RELATED CASE POLICY (SEE GENERAL ORDER 12) AND IN THE INTEREST OF JUDICIAL ECONOMY, THE COURT SUA SPONTE DIRECTS THE CLERK TO REASSIGN THIS CASE TO SENIOR U.S. DISTRICT JUDGE LAWRENCE E. KAHN AND MAGISTRATE JUDGE MIROSLAV LOVRIC FOR ALL FURTHER PROCEEDINGS. U.S. DISTRICT JUDGE DAVID N. HURD AND U.S. MAGISTRATE JUDGE CHRISTIAN F. HUMMEL NO LONGER ASSIGNED TO CASE. SO ORDERED BY CHIEF JUDGE GLENN T. SUDDABY ON 6/17/2020. (SAL) (ENTERED: 06/17/2020)

(#31) AFFIDAVIT OF SERVICE FOR WAVIER OF SERVICE, COMPLAINT AND GENERAL ORDER 25 SERVED ON LUCY GOLD, ESQ. ON JULY 30, 2020, FILED BY LINDA S. SPROLE. (ATTACHMENTS: #1 WAIVER OF SERVICE OF SUMMONS - UNEXECUTED, #2 MAILING ENVELOPE)(MGH) (ENTERED: 08/05/2020)

(#30) MOTION TO DISMISS MOTION HEARING SET FOR 9/11/2020 10:00 AM IN UTICA BEFORE JUDGE DAVID N. HURD RESPONSE TO MOTION DUE BY 8/25/2020 REPLY TO RESPONSE TO MOTION DUE BY 8/31/2020. FILED BY HARRIS BEACH, PLLC, CHRISTOPHER D. JAGEL, ESQ, DONALD J. MARTIN, ESQ, ROBERT R. SPROLE, III. (ATTACHMENTS: #1 MEMORANDUM OF LAW, #2 DECLARATION OF JOHN G. POWERS, ESQ. IN SUPPORT OF MOTION, #3 EXHIBIT(S) A TO POWERS DECLARATION, #4 EXHIBIT(S) B TO POWERS DECLARATION, #5 EXHIBIT(S) C TO POWERS DECLARATION, #6 EXHIBIT(S) D TO POWERS DECLARATION, #7 EXHIBIT(S) E TO POWERS DECLARATION, #8 EXHIBIT(S) F TO POWERS DECLARATION, #9 EXHIBIT(S) G TO POWERS DECLARATION, #10 DECLARATION OF ROBERT R. SPROLE III IN SUPPORT OF MOTION, #11 DECLARATION OF DONALD J. MARTIN, ESQ. IN SUPPORT OF MOTION, #12 DECLARATION OF CHRISTOPHER D. JAGEL, ESQ. IN SUPPORT OF MOTION, #13 EXHIBIT(S) A TO JAGEL DECLARATION) (MARRERO, MICHAEL) (ENTERED: 07/30/2020)

(#50) TEXT ONLY ORDER - PENDING ARE TWO MOTIONS, WHICH SEEK, AMONG OTHER THINGS, PERMISSIVE INTERVENTION PURSUANT TO RULE 24(B)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE. (DKT. NOS. 44, 47.) AS THAT RULE INDICATES, "[O]N TIMELY MOTION, THE COURT MAY PERMIT ANYONE TO INTERVENE WHO:... HAS A CLAIM OR DEFENSE THAT SHARES WITH THE MAIN ACTION A COMMON QUESTION OF LAW OR FACT." FED. R. CIV. P. 24(B)(1). "IN EXERCISING ITS DISCRETION, THE COURT MUST CONSIDER WHETHER THE INTERVENTION WILL UNDULY DELAY OR PREJUDICE THE ADJUDICATION OF THE ORIGINAL PARTIES' RIGHTS." FED. R. CIV. P. 24(B)(3). HAVING CAREFULLY REVIEWED THE SUBMISSIONS OF BOTH GROUPS OF PROPOSED INTERVENORS, (DKT. NOS. 44, 47), THE COURT IS UNPERSUADED THAT IT SHOULD EXERCISE ITS GREAT DISCRETION. IN THE BROADEST TERMS, THERE ARE COMMON QUESTIONS OF LAW OR FACT AND THE MOTIONS ARE LIKELY TIMELY, BUT THE DELAY AND PREJUDICE TO THE PARTIES IN THIS MATTER, ALL OF WHOM ARE REPRESENTED BY COMPETENT COUNSEL CAPABLE OF EFFECTIVELY ADVANCING THE INTERESTS OF THE PARTIES THEY REPRESENT, THAT WOULD RESULT FROM PERMITTING INTERVENTION, EVEN IF NOT OVERWHELMING, REQUIRES DENIAL OF THE MOTIONS. ACCORDINGLY, BOTH MOTIONS TO INTERVENE, (DKT. NOS. 44, 47), ARE DENIED; AND THE MOTIONS ARE DENIED IN ALL OTHER RESPECTS AS MOOT. IT IS SO ORDERED. ISSUED BY SENIOR JUDGE GARY L. SHARPE ON 7/28/2020. (JEL, ) (ENTERED: 07/28/2020)

(#49) TEXT ONLY ORDER - PENDING IS PROPOSED INTERVENOR CHRISTOPHER EARL STRUNK'S MOTION FOR RECONSIDERATION, (DKT. NO. 43), OF THE COURT'S TEXT ONLY ORDER, WHICH DENIED HIS MOTION TO INTERVENE, (DKT. NO. 42). MOTIONS FOR RECONSIDERATION PROCEED IN THE NORTHERN DISTRICT OF NEW YORK UNDER LOCAL RULE 7.1(G). "IN ORDER TO PREVAIL ON A MOTION FOR RECONSIDERATION, THE MOVANT MUST SATISFY STRINGENT REQUIREMENTS." IN RE C-TC 9TH AVE. P'SHIP, 182 B.R. 1, 2 (N.D.N.Y. 1995). SUCH MOTIONS "WILL GENERALLY BE DENIED UNLESS THE MOVING PARTY CAN POINT TO CONTROLLING DECISIONS OR DATA THAT THE COURT OVERLOOKEDMATTERS, IN OTHER WORDS, THAT MIGHT REASONABLY BE EXPECTED TO ALTER THE CONCLUSION REACHED BY THE COURT." SHRADER V. CSX TRANSP., INC., 70 F.3D 255, 257 (2D CIR. 1995) (CITATION OMITTED). THE PREVAILING RULE "RECOGNIZES ONLY THREE POSSIBLE GROUNDS UPON WHICH MOTIONS FOR RECONSIDERATION MAY BE GRANTED; THEY ARE (1) AN INTERVENING CHANGE IN CONTROLLING LAW, (2) THE AVAILABILITY OF NEW EVIDENCE NOT PREVIOUSLY AVAILABLE, OR (3) THE NEED TO CORRECT A CLEAR ERROR OF LAW OR PREVENT MANIFEST INJUSTICE." IN RE C-TC 9TH AVE. P'SHIP, 182 B.R. AT 3 (CITATION OMITTED). STRUNK HAS COMPLETELY FAILED TO MEET THE STRINGENT STANDARD FOR RECONSIDERATION AND HIS MOTION, (DKT. NO. 43), IS, THEREFORE, DENIED. IT IS SO ORDERED. ISSUED BY SENIOR JUDGE GARY L. SHARPE ON 7/28/2020. (COPY SERVED VIA REGULAR MAIL TO CHRISTOPHER EARL STRUNK)(JEL, ) (ENTERED: 07/28/2020)

(#8) STIPULATION AND ORDER OF SETTLEMENT. SIGNED BY JUDGE BRENDA K. SANNES ON 7/21/2020. (RJB, ) (ENTERED: 07/21/2020)

(#7) NOTICE THAT PARTIES WAIVE ANY POTENTIAL CONFLICT AND WISH TO HAVE JUDGE SANNES CONTINUE TO PRESIDE OVER THIS MATTER. (ATTACHMENTS: #1 WAIVERS)(RJB, ) (ENTERED: 07/21/2020)

(#31) ORDER DISMISSING CASE GRANTING #30 NOTICE OF VOLUNTARY DISMISSAL. SIGNED BY U.S. DISTRICT JUDGE MAE A. D'AGOSTINO ON 8/3/20. (BAN) (ENTERED: 08/03/2020)

(#30) NOTICE OF VOLUNTARY DISMISSAL BY ELEANOR MURRAY (BILSBORROW, JAMES) (ENTERED: 08/03/2020)

***ANSWER DUE DATE UPDATED FOR MADISON COUNTY, NEW YORK ANSWER DUE 8/18/2020; AARON SILVERMAN ANSWER DUE 8/17/2020. (HMR) (ENTERED: 08/05/2020)

CLERK'S CORRECTION OF DOCKET ENTRY RE #8 AFFIDAVIT OF SERVICE: CLERK CORRECTED "SILVEREMAN" TO "SILVERMAN" WHICH IS THE CORRECT SPELLING OF DEFENDANT'S LAST NAME IN THIS DOCKET ENTRY. (HMR) (ENTERED: 08/05/2020)

(#38) ANSWER TO #1 COMPLAINT, BY ROBERT CURTIS, DANIEL HALL, ANTHONY LYDON, THE CITY OF GLENS FALLS, NEW YORK.(JOHNSON, GREGG) (ENTERED: 08/11/2020)

RESET DEADLINES AS TO #37 MOTION FOR RECONSIDERATION RE #33 ORDER ON MOTION FOR TRO, PURSUANT TO FRCP 59(E). MOTION HEARING IS RESET FOR 9/18/2020 AT 09:30 AM IN ALBANY BEFORE SENIOR JUDGE LAWRENCE E. KAHN. MOTION RETURN DATE MOVED TO CORRESPOND WITH JUDGE KAHN'S MOTION CALENDAR NOTED IN THE LOCAL RULES & GENERAL ORDER 25. AS A REMINDER, ALL OF JUDGE KAHN'S MOTIONS ARE CONSIDERED ON THE SUBMISSION OF THE PAPERS, ONLY. NO PERSONAL APPEARANCES ARE REQUIRED. NO ORAL ARGUMENTS WILL BE ENTERTAINED. (SAS) (ENTERED: 08/06/2020)

(#12) UNIFORM PRETRIAL SCHEDULING ORDER: ANTICIPATED LENGTH OF TRIAL: 3-4 DAYS (JURY TRIAL). PREFERRED TRIAL LOCATION: ALBANY, NY. JOINDER OF PARTIES DUE BY 7/3/2020. AMENDED PLEADINGS DUE BY 7/3/2020. DISCOVERY DUE BY 2/4/2021. MOTIONS TO BE FILED BY 4/5/2021. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 11/20/2020. STATUS REPORT DUE BY 12/11/2020. SIGNED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 6/4/2020. (TAB) (ENTERED: 06/04/2020)

(#11) ORDER REFERRING CASE TO MANDATORY MEDIATION. DEADLINE FOR MEDIATOR SELECTION IS 7/2/2020. DEADLINE FOR COMPLETION OF MANDATORY MEDIATION IS 11/20/2020. SIGNED BY MAGISTRATE JUDGE CHRISTIAN F. HUMMEL ON 6/4/2020. (TAB) (ENTERED: 06/04/2020)

(#11) SUMMONS ISSUED AS TO CONKLIN, BRANDON DEVINS, DEBORAH HARRIS, MICHAEL LALONDE, MOSHER. {COPY OF SUMMONS; ORDER AND COMPLAINT SERVED ON THE OFFICE OF THE ATTORNEY GENERAL}(NAS) (ENTERED: 08/04/2020)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SUPERINTENDENT AT ELMIRA CORRECTIONAL FACILITY WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #5 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (NAS, ) (ENTERED: 08/03/2020)

(#9) NOTICE OF APPEARANCE BY SIOBHAN A. HEALY ON BEHALF OF ALL DEFENDANTS (HEALY, SIOBHAN) (ENTERED: 08/11/2020)

(#8) WAIVER OF SERVICE RETURNED EXECUTED BY CRYSTAL COLEY. JAIME MAY WAIVER SENT ON 7/22/2020, ANSWER DUE 9/21/2020. (FINGERHUT, STEVEN) (ENTERED: 08/04/2020)

(#16) RESPONSE IN OPPOSITION RE #15 LETTER MOTION FROM BRIAN J. PULITO FOR DOMINION ENERGY TRANSMISSION, INC. REQUESTING ORAL ARGUMENT SUBMITTED TO JUDGE SCULLIN LETTER RESPONSE IN OPPOSITION FILED BY LMC INDUSTRIAL CONTRACTORS, INC.. (STREICHER, BRIAN) (ENTERED: 08/14/2020)

(#15) LETTER MOTION FROM BRIAN J. PULITO FOR DOMINION ENERGY TRANSMISSION, INC. REQUESTING ORAL ARGUMENT SUBMITTED TO JUDGE SCULLIN . (PULITO, BRIAN) (ENTERED: 08/14/2020)

NOTIFICATION TO SUPERINTENDENT OF FILING - PROVIDED SUPERINTENDENT AT FIVE POINTS CORRECTIONAL FACILITY WITH NOTICE OF INSTANT ACTION AND A COPY OF PLAINTIFF'S #6 INMATE AUTHORIZATION FORM. USDC/NYND FINANCE DEPT NOTIFIED. (NAS, ) (ENTERED: 08/14/2020)

[PARTIAL] CASE TRANSFERRED FROM NEW YORK NORTHERN HAS BEEN OPENED IN U.S. DISTRICT COURT, WESTERN DISTRICT OF NEW YORK AS CASE 1:20-CV-01087, FILED 08/14/2020. (NAS, ) (ENTERED: 08/14/2020)

(#31) ANSWER TO #1 COMPLAINT, BY ANDREW M. CUOMO.(LIBERATI-CONANT, CHRISTOPHER) (ENTERED: 07/30/2020)

(#30) TEXT ORDER GRANTING DEFENDANT'S #29 LETTER REQUEST SEEKING AN EXTENSION OF TIME TO FILE RESPONSE TO THE COMPLAINT IN THIS MATTER. DEFENDANT SHALL FILE A RESPONSE ON OR BEFORE JULY 30, 2020. SO ORDERED BY MAGISTRATE JUDGE DANIEL J. STEWART ON 7/10/2020. (MAB) (ENTERED: 07/10/2020)