PANTALONE, et al v. RICHARD FOX, et al Document 80: Order on Motion for Summary Judgment
Filed March 5, 2004
Back to PANTALONE, et al v. RICHARD FOX, et al ,
New Jersey District Court
Case No. 1:02-cv-01812-FLW-AMD
ORDER denying without prejudice [61] Motion for Summary Judgment. Signed by Judge Freda L. Wolfson on 3/5/04. (sb)
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1 (4/19/2002): Complaint - COMPLAINT filed; jury demand FILING FEE $ 150.00 RECEIPT # 297091 (gg)
2 (4/23/2002): Case Assigned/Reassigned - NOTICE of Allocation and Assignment filed. Magistrate Judge Robert B. Kugler (NM) (gg)
8 (6/5/2002): Answer - ANSWER to complaint; jury demand and CROSSCLAIM against co-defendants by MADISON CONSTRUCTION, MADISON CONCRETE CORPORATION (db)
9 (6/18/2002): Motion for Extension of Time - Notice of MOTION to extend time to answer plaintiff's complaint by GILBANE BUILDING CO. [9-1] motion referred to Mag. Judge Robert B. Kugler, Motion set f...
10 (6/18/2002): Certification - CERTIFICATION of Jeffrey S. Bell on behalf of GILBANE BUILDING CO. supporting [9-1] motion to extend time to answer plaintiff's complaint (db)
11 (7/10/2002): Motion for Extension of Time - Notice of MOTION to extend time to answer by FOX RICHARD [11-1] motion referred to Mag. Judge Robert B. Kugler, Motion for 8/2/02 on [11-1] motion . (PO ...
12 (7/10/2002): Certification - CERTIFICATION of Guy Mercogliano on behalf of FOX RICHARD supporting [11-1] motion to extend time to answer (sb)
13 (7/10/2002): Order - ORDER granting [11-1] motion to extend time to answer. Fox Richard Contractor is permitted to file an Answer within 10 days. (signed by Judge Jerome B. Simandle) (NM) (sb)
14 (7/15/2002): Order - ORDER granting [9-1] motion to extend time to answer plaintiff's complaint and deft. GILBANE BUILDING COMPANY shall answer, move or otherwise reply to plaintiffs' complaint wit...
15 (7/22/2002): Answer - ANSWER to complaint; jury demand and CROSSCLAIM against all co-defendants. by FOX RICHARD CONTRACTOR, INC. (db)
17 (7/23/2002): Order - ORDER, setting scheduling conference for 9:30 a.m. on 8/27/02. (signed by Mag. Judge Robert B. Kugler) (NM) (db)
21 (8/30/2002): Answer - ANSWER to complaint; jury demand and CROSSCLAIM against all co-defendants by GILBANE BUILDING CO. (db)
21 (8/30/2002): Third-Party Complaint - THIRD-PARTY COMPLAINT by GILBANE BUILDING CO. against THE BEDWELL COMPANY, ROYAL MECHANICAL (db)
20 (9/3/2002): Scheduling Order - SCHEDULING ORDER in ARBITRATION CASE setting Discovery cutoff on 2/28/03; by the copy of this order the Clerk will be requested to schedule the arbitration for a date...
22 (9/5/2002): Amended Complaint - AMENDED COMPLAINT by GARY PANTALONE JR., JANINE PANTALONE , amending [1-1] complaint against BEDWELL COMPANY (sb)
-- (9/9/2002): Summons Issued - SUMMONS issued on Amended Complaint for BEDWELL COMPANY (20 Days) (Mailed to Counsel) (sb)
25 (10/22/2002): Answer to Amended Complaint - ANSWER by BEDWELL COMPANY to amended complaint; jury demand (db)
26 (10/25/2002): Answer to Third-Party Complaint - ANSWER by THE BEDWELL COMPANY to [21-1] third-party complaint (db)
27 (10/25/2002): Order - CONSENT ORDER, extending time (30) days for defendant the BEDWELL COMPANY to answer the complaint. (signed by Mag. Judge Robert B. Kugler) (NM) (db)
28 (12/20/2002): request for default - REQUEST TO ENTER DEFAULT by Third party plaintiff GILBANE BUILDING CO. AGAINST Third Party defendant ROYAL MECHANICAL on the Third Party Complaint for failure to...
29 (1/8/2003): Order - ORDER reassigning case from Judge Simandle to Judge Wolfson. ( signed by Chief Judge John W. Bissell ) (NM) (th)
30 (1/17/2003): Scheduling Order - AMENDED SCHEDULING ORDER IN ARBITRATION CASE setting Discovery cutoff 3/28/03. By copy of this Order, the Clerk will be requested to schedule the arbitration for a d...
31 (1/24/2003): Answer to Third-Party Complaint - ANSWER by ROYAL MECHANICAL to [21-1] third-party complaint. Jury Demand (ar1)
32 (1/24/2003): ~Motion to Sever - Notice of MOTION to sever by ROYAL MECHANICAL, Motion set for 2/21/03 on [32-1] motion . (PO Subm)(Cert of Svc) (ar1)
33 (1/24/2003): Certification - CERTIFICATION of Salvatore A. Alessi, Esquire on behalf of ROYAL MECHANICAL supporting [32-1] motion to sever. (ar1)
34 (2/5/2003): Amended Answer to Complaint - AMENDED ANSWER by ROYAL MECHANICAL to third party complaint : amends [31-1] third-party answer; Certificate of service annexed. (er)
35 (2/21/2003): Minutes-Miscellaneous - Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 2/21/03; The following actions were taken: withdrawing [32-1] motion to sever. By Judge Fre...
36 (2/21/2003): Order - ORDER dismissing as moot [32-1] motion to sever. (signed by Mag. Judge Joel B. Rosen) (NM) (sb)
37 (3/17/2003): Scheduling Order - SECOND AMENDED SCHEDULING ORDER in Arbitration Case setting Discovery cutoff 6/2/03 and setting arbitration for a date on or after September 1, 2003. (signed by Mag....
38 (3/20/2003): Amended Answer to Complaint - AMENDED ANSWER by THE BEDWELL COMPANY to third party complaint: amends [26-1] third-party answer (Cert of Serv) (sb)
39 (4/21/2003): Answer to Crossclaim - AMENDED ANSWER by ROYAL MECHANICAL to [38-1] cross claim (db)
-- (4/23/2003): Set/Reset Deadlines: - Deadline updated; terminating [9-2] hearing Motion set for 7/19/02 on [9-1] motion (db)
40 (4/23/2003): Order on Motion to Amend/Correct - STIPULATION and ORDER to amend the caption. (signed by Magistrate Judge Ann M. Donio ) (NM) (er)
41 (7/29/2003): Order - ORDER staying discovery. (signed by Magistrate Judge Ann Marie Donio) (NM) (sb)
42 (8/13/2003): Motion for Summary Judgment - Notice of MOTION for summary judgment against co-defendant Madison Construction Company by BEDWELL COMPANY, Motion set for 9/19/03 on [42-1] motion . (Bri...
44 (8/13/2003): Certificate Of Service. - CERTIFICATE OF SERVICE by BEDWELL COMPANY Re: [42-1] motion for summary judgment, [43-1] statement (sb)
45 (8/13/2003): Motion for Summary Judgment - Notice of MOTION for summary judgment against co-defendant Richard Fox Contractors by BEDWELL COMPANY, Motion set for 9/19/03 on [45-1] motion . (Brief/PO...
47 (8/13/2003): Certificate Of Service. - CERTIFICATE OF SERVICE by BEDWELL COMPANY Re: [45-1] motion for summary judgment, [46-1] statement (sb)
48 (8/19/2003): Motion to Compel - Notice of MOTION to compel response to request for production by BEDWELL COMPANY [48-1] motion referred to Magistrate Judge Ann Marie Donio, Motion set for 9/19/03 o...
49 (8/26/2003): Order Referring Case to Arbitration - ORDER Appointing Arbitrator JAMES A. MULLEN JR. Arbitration hearing set for 9:30 10/2/03 ( Signed by Chief Judge John W. Bissell ) (AC)
50 (9/5/2003): Minutes-Miscellaneous - Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 9/5/03; The following actions were taken: dismissing as moot [48-1] motion to compel respons...
51 (9/5/2003): Order - ORDER dismissing without prejudice [45-1] motion for summary judgment and dismissing without prejudice [42-1] motion for summary judgment. (signed by Magistrate Judge Ann Marie ...
52 (9/5/2003): Order - ORDER dismissing as moot [48-1] motion to compel response to request for production and directing all parties to produce relevant insurance policies no later than September 12, ...
53 (9/5/2003): Order - ORDER removing case from the arbitration program. (signed by Magistrate Judge Ann Marie Donio) (NM) (sb)
54 (10/15/2003): Scheduling Order - SCHEDULING ORDER setting Pretrial conference 11:30 2/26/04; Settlement conference 10:00 2/6/04; Dispositive Motion due on or before 12/5/03 (signed by Magistrate Ju...
55 (12/4/2003): Motion for Summary Judgment - Notice of MOTION for summary judgment by BEDWELL COMPANY, Motion set for 1/9/04 on [55-1] motion . (Brief/PO Subm) (Cert of Serv) (sb)
57 (12/5/2003): Scheduling Order - SCHEDULING ORDER setting Dispositive Motion due on or before 1/16/04 (signed by Magistrate Judge Ann Marie Donio)(NM) (sb)
58 (1/15/2004): Motion for Summary Judgment - MOTION for Summary Judgment on the issue of liability only by GILBANE BUILDING COMPANY. (sb)
59 (1/15/2004): Brief in Support of Motion - BRIEF in Support [58] MOTION for Summary Judgment filed by GILBANE BUILDING COMPANY. Exhibits to brief in Clerk's Office file-too voluminous to be filed e...
60 (1/15/2004): Certificate Of Service. - CERTIFICATE OF SERVICE by GILBANE BUILDING COMPANY re [58] MOTION for Summary Judgment, [59] Brief in Support of Motion (sb)
-- (1/16/2004): set/reset motion and R&R; deadlines/hearings - Setting returnable date as to [62] MOTION for Summary Judgment for 2/6/2004 before Judge Freda L. Wolfson. PLEASE BE ADVISED THAT THIS MO...
61 (1/16/2004): Motion for Summary Judgment - MOTION for Summary Judgment by MADISON CONCRETE CONSTRUCTION COMPANY, MADISON CONSTRUCTION COMPANY. (Attachments: # (1) Statement of Material Facts# (2...
62 (1/16/2004): Motion for Summary Judgment - MOTION for Summary Judgment by BEDWELL COMPANY. (Attachments: # (1) Brief# (2) Text of Proposed Order)(sb)
64 (1/22/2004): Response to Motion - LETTER MEMORANDUM/RESPONSE to Motion re [61] MOTION for Summary Judgment and [62] MOTION for Summary Judgment filed by GILBANE BUILDING COMPANY. (sb)
65 (1/23/2004): Response in Opposition to Motion - RESPONSE to Bedwell Company's statement of material facts supporting motion for summary judgment filed by MADISON CONCRETE CONSTRUCTION COMPANY, MADI...
66 (1/28/2004): Statement - COUNTER-STATEMENT OF FACTS IN OPPOSITION TO BEDWELL COMPANY'S MOTION FOR SUMMARY JUDGMENT by GARY PANTALONE JR., JANINE PANTALONE. (sb)
67 (1/28/2004): Brief in Opposition to Motion - BRIEF in Opposition to [62] MOTION for Summary Judgment filed by GARY PANTALONE JR., JANINE PANTALONE. (sb)
68 (1/29/2004): Brief - BRIEF in support of Bedwell Company's reply to Madison Construction's opposition to Bedwell's motion for summary judgment filed by BEDWELL COMPANY. (sb)
69 (1/29/2004): Response in Opposition to Motion - RESPONSE in Opposition to [55] Motion for Summary Judgment filed by RICHARD FOX CONSTRACTOR, INC. (sb)
70 (1/29/2004): Response to Motion - RESPONSE to Motion re [58] MOTION for Summary Judgment filed by RICHARD FOX CONSTRACTOR, INC. (Attachments: # (1) Text of Proposed Order)(sb)
71 (1/30/2004): Brief - RESPONSE to MADISON CONSTRUCTION COMPANY STATEMENT OF MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by RICHARD FOX CONSTRACTOR, INC. (Attachments: # (1...
-- (2/5/2004): Order - Upon letter application dated 2/5/04 by Chad Rutkowski, Esq. counsel for defendant, The Bedwell Co., requesting adjournment of the 2/6/04 settlement conference pending resolutio...
72 (2/10/2004): Response in Support of Motion - LETTER BRIEF IN RESPONSE to the Opposition re [58] MOTION for Summary Judgment filed by GILBANE BUILDING COMPANY. (sb)
73 (2/13/2004): Brief - BRIEF in support of Madison's reply to Richard Fox Contractor's opposition to Madison's Motion for Summary Judgment filed by MADISON CONCRETE CONSTRUCTION COMPANY, MADISON CON...
74 (2/13/2004): Brief - RESPONSE TO COUNTER STATEMENT OF MATERIAL FACTS of defendant Fox Richard Contractor, Inc. filed by BEDWELL COMPANY. (sb)
75 (2/13/2004): Brief - REPLY to plaintiffs' Counter Statement of Facts in Opposition to the Bedwell Company's Motion for Summary Judgment filed by BEDWELL COMPANY. (sb) Additional attachment(s) added...
76 (2/13/2004): Brief - BRIEF in support of response to plaintiff's and co-defendant's opposition to Bedwell's Motion for Summary Judgment filed by BEDWELL COMPANY. (sb)
77 (2/20/2004): Motion Hearing - Minute Entry for proceedings held before Judge Freda L. Wolfson : Motion Hearing held on 2/20/2004 re [61] MOTION for Summary Judgment filed by MADISON CONSTRUCTION CO...
78 (2/26/2004): Scheduling Order - SCHEDULING ORDER: Final Pretrial Conference set for 5/6/2004 03:00 PM before Magistrate Judge Ann Marie Donio. Status Conference set for 4/7/2004 03:00 PM before Mag...
81 (3/5/2004): Order on Motion for Summary Judgment - ORDER granting [55] Motion for Summary Judgment, granting [58] Motion for Summary Judgment, denying [62] Motion for Summary Judgment Signed by Jud...
82 (3/5/2004): Scheduling Order - AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 5/6/2004 03:00 PM before Magistrate Judge Ann Marie Donio. Status Conference set for 4/7/2004 03:00 PM bef...
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Case 1:02-cv-01812-FLW-AMD
Document 80
Filed 03/05/2004
Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GARY PANTALONE, JR, and JANINE
PANTALONE, his wife,
:
:
:
Plaintiffs,
:
:
v.
:
:
FOX RICHARD CONTRACTORS INC., :
et al.,
:
:
Defendants.
:
____________________________________
Civil Action No. 02-1812 (FLW)
ORDER
This matter having been opened to the Court by Kevin P. McCarty, Esquire, of Murphy &
O’Connor, LLP, counsel to defendant, Madison Construction Co. and Madison Matrix Concrete
Corp. (“Madison”), by way of motion for summary judgment, seeking indemnification and
defense from defendant Fox Richard Contractor’s Inc., and the court having considered the
moving, opposition and reply papers, and having heard oral argument on February 20, 2004, and
having expressed its reasoning on the record at argument on February 20, 2004,
IT IS on this 5th day of March, 2004,
ORDERED that Madison’s summary judgment motion seeking indemnification and
defense from Fox Richard Contractors, Inc. is DENIED WITHOUT PREJUDICE.
____/s/ Freda L. Wolfson________
FREDA L. WOLFSON, U.S.D.J.