ORDER CLOSING CASE: terminating 3041 Motion for Miscellaneous. Whereas counsel for the parties represented at the status conference of June 10, 2013 that this case settled, except for a dispute concerning allocation of attorneys' fees owing plaintiff's counsel, and whereas that matter also has been settled, the Clerk is instructed to terminate Plaintiff's motion to extinguish liens claimed by Sacks and Sacks, P.C. (Doc. No.9) and mark the case closed. (Signed by Judge Alvin K. Hellerstein on 7/11/2013) (lmb) Modified on 7/15/2013 (lmb). (Entered: 07/15/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/15/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/9/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2013. Redacted Transcript Deadline set for 8/19/2013. Release of Transcript Restriction set for 10/18/2013.(Rodriguez, Somari) (Entered: 07/15/2013)
AFFIDAVIT OF SERVICE of Affirmation in Opposition and Reply with Exhibits and Memorandum of Law served on Hinshaw & Culbertosn, LLP on July 8, 2013. Document filed by Kenneth Roche. (Ryan, Michael) (Entered: 07/10/2013)
NOTICE OF APPEAL from 3064 Order on Motion for Attorney Fees,. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Fensterstock, Blair) (Entered: 07/09/2013)
FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIRMATION of Michael F.X. Ryan in Opposition re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement.. Document filed by Kenneth Roche. (Attachments: # 1 Exhibit 3, # 2 Exhibit 3, # 3 Exhibit 3, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 4, # 7 Exhibit 4, # 8 Exhibit 4, # 9 Exhibit 4, # 10 Exhibit 4, # 11 Exhibit 26E, # 12 Exhibit 26E, # 13 Exhibit 26E)(Ryan, Michael) Modified on 7/10/2013 (db). (Entered: 07/09/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTIONS proceeding held on 6/10/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2013)
TRANSCRIPT of Proceedings re: MOTIONS held on 6/10/2013 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/10/2013.(McGuirk, Kelly) (Entered: 07/09/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Mike Ryan in Opposition re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement.. Document filed by Kenneth Roche. (Attachments: # 1 Memo of Law)(Ryan, Michael) Modified on 7/10/2013 (db). (Entered: 07/09/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Victor Greco dated 7/1/2013 re: This firm initially represented the Roche plaintiffs in connection with the subject claim and holds an attorneys' lien pursuant to New York Judiciary Law §475. Upon agreement with incoming counsel at that time, Sacks & Sacks, said attorneys' lien was to have been judicially determined at the conclusion of the litigation (see enclosed), We were recently advised by current counsel for plaintiffs Roche, Michael F.X. Ryan, that a motion pertaining to attorneys' fees, about which we were not otherwise given notice, is currently scheduled to be heard on July 11, 2013 at 11:00. Accordingly, it is respectfully requested that this office be given an opportunity to be heard on this issue. ENDORSEMENT: So ordered. Any submissions by noon, July 9, 2013. (Signed by Judge Alvin K. Hellerstein on 7/3/2013) (djc) (Entered: 07/08/2013)
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Defendants and Mount Sinai: (1) Mount Sinai will continue to preserve all information delivered by Mount Sinai to Privacy Analytics in connection with or contemplation of the October 2012 production of raw data made by Mount Sinai to Defendants, including any such information which was ultimately redacted, suppressed, generalized, de-identified or otherwise not produced to Defendants as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 7/2/2013) (lmb) (Entered: 07/02/2013)
ORDER ON CONTINGENT PAYMENTS TO BE PAID TO SETTLING PLAINTIFFS: This order shall serve as an addendum to my Order and Opinion Requiring Contingent Payments to be Paid to Settling Plaintiffs, issued July 13, 2012, in 21 MC 100 (Doc. No 2858). That order held that the first Contingent Payment of five million dollars became due and payable by WTC Captive Insurance Company ("WTC Captive") on January 20, 2012. All subsequent contingent payments due on and/or after January 20, 2013, shall be decided after the resolution of the Defendants' appeals by the Second Circuit Court of Appeals. The appeal was argued April 11, 2013. (In re World Trade Ctr. Disaster Site Litig., 11-4021). (Signed by Judge Alvin K. Hellerstein on 6/28/2013) (lmb) (Entered: 07/01/2013)
NOTICE of Compliance with Court's Order of May 17, 2013. Document filed by United States Environmental Protection Agency. (Bowcut, Brian) (Entered: 06/28/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Hopkins dated 6/25/2013 re: We write to request an extension until Monday, July 1, 2013 for Defendants and Mount Sinai to submit a revised proposed order regarding Defendants' request that Mount Sinai "preserve potentially relevant information" and a joint explanatory letter (if necessary) addressing any disagreements between Defendants and Mount Sinai. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/25/2013) (rjm) (Entered: 06/26/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Harris M. Murson dated 6/19/2013 re: Counsel seeks, with Defendants' consent, an extension until June 26 for Mount Sinai and Defendants to submit a revised proposed order regarding Defendants' request that Mount Sinai "preserve potentially relevant information" and a joint explanatory letter explaining disagreements between Mount Sinai and Defendants. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/19/2013) (ft) (Entered: 06/20/2013)
ORDER DISMISSING AND CLOSING CASES. On May 1, 2013, I ordered Plaintiffs in the cases identified in the attached Appendix A to show cause by June 1, 2013, why their cases should not be dismissed and/or closed for failure to prosecute or because the cases have settled (Doc. No. 3028). Plaintiffs have not shown cause by the June 1 deadline. Therefore, the cases listed in Appendix A are hereby dismissed as to all remaining Defendants. The Clerk shall mark all remaining Defendants terminated and mark the cases closed. As noted in my order of May 1, 2013, any and all docket numbers ever linked to the named-Plaintiffs' actions are to be marked closed. THIS ORDER PERTAINS TO ALL PLAINTIFFS AND DOCKET NUMBERS SET FORTH IN APPENDIX A. (Signed by Judge Alvin K. Hellerstein on 6/13/2013). (rjm) (Entered: 06/14/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bovis Lend Lease LMB, Inc..(Mahoney, George) (Entered: 06/13/2013)
ORDER. On June 10, 2013, argument was heard on Marion Mishkin's revised application for attorney fees and expenses. For the reasons stated on the record, the application is denied. The Clerk shall mark the motion (Doc. No. 3022) terminated. Denying 3022 Motion for Attorney Fees. (Signed by Judge Alvin K. Hellerstein on 6/11/2013). (rjm) (Entered: 06/11/2013)
AFFIDAVIT OF SERVICE of Notice of Cross-Motion; Declaration of Monty Doman with annexed exhibits and Memorandum of Law in Opposition to Motion by Ryan & Ryan and in Support of Cross-Motion served on Ryan & Ryan, P.C. on 06/07/13. Service was made by overnight mail and email. Document filed by Sacks and Sacks LLP. (Supple, John) (Entered: 06/10/2013)
CROSS MOTION to Fix Attorneys' Fees re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement., 3061 Memorandum of Law in Opposition to Motion,. Document filed by Sacks and Sacks LLP.(Supple, John) (Entered: 06/10/2013)
MEMORANDUM OF LAW in Opposition re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement. and in Support of Cross-Motion to Fix Attorneys' Fees. Document filed by Sacks and Sacks LLP. (Supple, John) (Entered: 06/10/2013)
DECLARATION of Monty Doman in Opposition re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement.. Document filed by Sacks and Sacks LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Supple, John) (Entered: 06/10/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Bettina B. Plevan dated 6/6/2013 re: Defendants' counsel's did not confer with Mount Sinai prior to submitting their proposed order and Mount Sinai had not been previously advised about the status of this matter. Mount Sinai therefore respectfully requests that Mount Sinai be given two (2) weeks to confer with Defendants' counsel regarding their application and, if necessary, respond to Defendants' letter and proposed order. ENDORSEMENT: By June 20, 2013, Mt. Sinai and defendants NYC et al. shall submit a proposed order, showing agreements and disagreements, and a joint explanatory letter explaining disagreements. (Signed by Judge Alvin K. Hellerstein on 6/7/2013) (mt) (Entered: 06/07/2013)
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiffs and The Port Authority of New York and New Jersey ("Port Authority") that, pursuant to the Federal Rule of Civil Procedure 41(a)(2): The above-captioned Plaintiffs' action is voluntarily dismissed with prejudice pursuant to the following terms and conditions: All claims by the above-captioned Plaintiffs against the Port Authority arising out of or relating in any way to World Trade Center-related rescue, recovery, and/or debris-removal operations and/or clean up at any location on and/or after September 11, 2001, are voluntarily dismissed with prejudice; All claims that were asserted or could have been brought in relation to Plaintiffs' existing pleadings are dismissed with prejudice; The dismissal is without costs. (Signed by Judge Alvin K. Hellerstein on 6/6/2013) (mt) (Entered: 06/07/2013)
MEMORANDUM OF LAW in Opposition re: 3022 MOTION for Attorney Fees.. Document filed by Frank A. Andrea, III, Noah H. Kushlefsky, Michael S Levine, Joel Lutwin, Michael F.X. Ryan, Jeffrey Singer, Andrew J. Smiley, Robert G Vizza. (Bardavid, Joshua) (Entered: 06/06/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Port Authority of New York & New Jersey and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Port Authority of New York & New Jersey.(Scrudato, Paul) (Entered: 06/05/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Paul T. Hofmann dated 5/31/2013 re: We respectfully request that the following attorneys be removed from the automatic ECF notifications system for notifications involving this case. The staff at my firm requesting that they be removed are: Paul T. Hofmann, email: Paulhofmann@hofmannlawfirm.com; Dario Anthony Chinigo, email: dariochinigo@hofmannlawfirm.com; Elizabeth Blair Starkey, email: elizabethstarkey@hofmannlawfirm.com. ENDORSEMENT: So ordered. Attorney Elizabeth Blair Starkey; Dario Anthony Chinigo and Paul T. Hofmann terminated. (Signed by Judge Alvin K. Hellerstein on 6/4/2013). (rjm) (Entered: 06/04/2013)
STIPULATION OF VOLUNTARY DISMISSAL OF PREVIOUSLY ADJUDICATED SPECIAL PROCEEDINGS TO SERVE NOTICES OF CLAIM NUN PRO TUNC AGAINST RESPONDENT CITY OF NEW YORK: IT IS HEREBY STIPULATED AND AGREED by and between the parties that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii): 1. The special proceedings are now dismissed with prejudice. 2. The dismissal is without costs. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/03/2013) (ama) (Entered: 06/04/2013)
STIPULATION OF VOLUNTARY DISMISSAL OF MULTIPLE PARTY ACTIONS THAT WERE RECOMMENCED BY COURT ORDER AS A SERIES OF INDIVIDUALLY FILED ACTIONS, NOW SETTLED AND DISCONTINUED WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties that, pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii): 1. These actions are dismissed with prejudice. 2. The dismissals are without costs. Re:( 04cv7293), (04cv6894), (05cv6313). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/03/2013) (ama) (Entered: 06/04/2013)
STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties that, pursuant to Federal Rule of Civil Procedure 41 (a)(1 )(A) (ii): 1. These actions are dismissed with prejudice. 2. The dismissals are without costs. (04cv8725), (04cv8815), (04cv7725). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/03/2013) (ama) Modified on 6/4/2013 (ama). (Entered: 06/04/2013)
RESPONSE TO ORDER TO SHOW CAUSE re: 3028 Order to Show Cause,,. Document filed by Sullivan Papain Block McGrath & Cannavo P.C.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Carboy, Andrew) (Entered: 06/03/2013)
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - RESPONSE TO ORDER TO SHOW CAUSE re: 3028 Order to Show Cause,,. Document filed by Sullivan Papain Block McGrath & Cannavo P.C.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Carboy, Andrew) Modified on 5/31/2013 (db). (Entered: 05/31/2013)
MANDATE of USCA (Certified Copy) as to 2899 Notice of Appeal, filed by Marion S. Mishkin USCA Case Number 12-4240. Non-Party Appellees move to dismiss the appeal for lack of jurisdiction or in the alternative forsummary affirmance of the district courts order denying Appellant Marion S. Mishkin Law Offices application for attorneys fees and its subsequent order denying reconsideration of that decision. Upon due consideration, it is hereby ORDERED that the Non-Party Appellees motion is GRANTED. This Court has determined that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291, see Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978), and, to the extent that Appellant seeks review of the district courts orders pursuant to the collateral order doctrine, such review is unavailable because the district courts order denying the fee application without prejudice to the filing of a renewed application did not conclusively determine the disputed question. See Hastings v. Maine-Endwell Centr. Sch. Dist., 676 F.2d 893 (2d Cir. 1982) Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/30/2013. (tp) (Entered: 05/30/2013)
ORDER. On April 26, 2013, Marion Mishkin filed a motion fur attorney fees (Doc. No. 3022). Oral argument on that motion will be held June 10, 2013, at 2:30 p.m. in Courtroom 14D. The question of liens, raised by counsel in Roche v. FGB 90 West Street, LLC. et al., 05 Civ. 7150 (Doc. No. 3041 in 21 MC 100), should also be addressed at the argument. (Oral Argument set for 6/10/2013 at 02:30 PM in Courtroom 14D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/29/2013). (rjm) (Entered: 05/30/2013)
CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated May 13, 2013, the Port Authority's motion for summary judgment is granted; accordingly, the Port Authority is dismissed and the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/15/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 05/15/2013)
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. The Port Authority's motion for summary judgment is granted. The Clerk shall terminate the motion (Doc. No. 12), dismiss the Port Authority as a Defendant, and mark the case closed. Granting 2985 Motion for Summary Judgment. (Signed by Judge Alvin K. Hellerstein on 5/13/2013). (rjm) (Entered: 05/14/2013)
MEMO ENDORSEMENT on STIPULATION OF DISMISSAL: re: 3039 Stipulation of Voluntary Dismissal, filed by The Port Authority of New York & New Jersey ENDORSEMENT: The Clerk shall mark the case "Closed". SO ORDERED.(Signed by Judge Alvin K. Hellerstein on 5/10/2013) (ama) (Entered: 05/14/2013)
DECLARATION of David L. Kremen in Opposition re: 3022 MOTION for Attorney Fees.. Document filed by various plaintiffs represented by Oshman & Mirisola, LLP. (Attachments: # 1 Exhibit Stipulation of Discontinuance)(Kremen, David) (Entered: 05/10/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Port Authority of New York & New Jersey and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Port Authority of New York & New Jersey.(Scrudato, Paul) (Entered: 05/09/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Matthew J. McCauley dated 5/6/2013 re: This letter is being sent to respectfully request that my email address (mmccauley@yourlawyer.com) be removed from the Electronic Filing System under Civil Docket 1:21-mc-00100-AKH. Our office was handling a case under this docket (Vecchione 1:10-cv-04194-AKH). Robert Vecchione's case has settled, please see the docket report attached hereto. Therefore, I am respectfully requesting that my email address be removed from the electronic mailing list for said Docket. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/8/2013) (js) (Entered: 05/09/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Joshua E. Bardavid dated 4/30/2013 re: Request for 30-Day Extension of Time to Reply to Fee Application of Marion S. Mishkin Law Office. ENDORSEMENT: Extension granted, but no further extensions will be granted. (Signed by Judge Alvin K. Hellerstein on 5/7/2013). (rjm) (Entered: 05/08/2013)
DECLARATION of Abraham Jaros in Opposition re: 3022 MOTION for Attorney Fees.. Document filed by Mieczslaw Kosmaczewski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Jaroslawicz, David) (Entered: 05/02/2013)
ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE DISMISSED AND/OR CLOSED. It is hereby ordered that Plaintiffs in the cases identified in Appendix A shall show cause by June 1, 2013, why their cases against all remaining Defendants should not be dismissed for failure to prosecute or because the cases have been settled. If Plaintiffs do not show good cause by June 1, 2013, the affected cases shall be dismissed, and the files closed as to all remaining Defendants in the docket numbers listed and any and all related docket numbers. THIS ORDER PERTAINS TO ALL PLAINTIFFS AND DOCKET NUMBERS SET FORTH IN APPENDIX A. (Signed by Judge Alvin K. Hellerstein on 4/30/2013). (rjm) (Entered: 05/01/2013)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Answer re: 3023 Memorandum of Law in Support of Motion,, 3022 MOTION for Attorney Fees., 3024 Affidavit in Support of Motion,,,,,. Document filed by Joel Lutwin. Return Date set for 5/17/2013 at 09:30 AM. (Attachments: # 1 Text of Proposed Order)(Bardavid, Joshua) Modified on 5/1/2013 (ldi). (Entered: 04/30/2013)
AFFIDAVIT of Marion S. Mishkin in Support re: 3022 MOTION for Attorney Fees.. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Exhibit E-Filed Unredacted Schedule A)(Fensterstock, Blair) (Entered: 04/29/2013)
AFFIDAVIT of Marion S. Mishkin in Support re: 3022 MOTION for Attorney Fees.. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Exhibit Exhibit 1 to Affidavit of Marion S. Mishkin in Support of Her Application for Liaison Counsel Attorney's Fees, # 2 Exhibit Exhibit 2 to Affidavit of Marion S. Mishkin in Support of Her Application for Liaison Counsel Attorney's Fees, # 3 Exhibit Exhibit 3 to Affidavit of Marion S. Mishkin in Support of Her Application for Liaison Counsel Attorney's Fees, # 4 Exhibit Schedule A to Affidavit of Marion S. Mishkin in Support of Her Application for Liaison Counsel Attorney's Fees, # 5 Exhibit Schedule B to Affidavit of Marion S. Mishkin in Support of Her Application for Liaison Counsel Attorney's Fees)(Fensterstock, Blair) (Entered: 04/26/2013)
MEMORANDUM OF LAW in Support re: 3022 MOTION for Attorney Fees.. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Fensterstock, Blair) (Entered: 04/26/2013)
MOTION for Attorney Fees. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). Return Date set for 5/17/2013 at 09:30 AM. (Attachments: # 1 Text of Proposed Order Proposed Order Setting Liaison Counsel Fee Award and Allocation)(Fensterstock, Blair) (Entered: 04/26/2013)
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE: In light of these factors and Plaintiff's repeated refusal to submit to depositions as ordered by this Court, I hereby dismiss Plaintiff's case for failure to prosecute pursuant to Rule 41 (b). The Clerk shall mark the case closed. (Signed by Judge Alvin K. Hellerstein on 4/25/2013) (lmb) (Entered: 04/25/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Port Authority of New York & New Jersey pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Port Authority of New York & New Jersey.(Scrudato, Paul) (Entered: 04/23/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Port Authority of New York & New Jersey pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Port Authority of New York & New Jersey.(Scrudato, Paul) (Entered: 04/23/2013)
CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated April 11, 2013, Defendants motion for summary judgment is granted and Plaintiffs claims are dismissed; Defendants are entitled to judgment as a matter of law; accordingly, judgment is entered for Defendants, with costs, and the case (06 Civ. 2086) is closed, and the motions (Doc. No. 11 in 06 Civ.2086; and Doc. No. 2939 in 21 MC 100) are terminated. (Signed by Clerk of Court Ruby Krajick on 4/17/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/17/2013)
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re: 2939 Motion for Summary Judgment. Defendants' motion for summary judgment is granted and Plaintiffs' claims are dismissed. There is no genuine dispute as to any material fact and Defendants are entitled to judgment as a matter of law. Fed. R. Civ. P. 56. The Clerk shall enter judgment for Defendants, with costs, close the case (06 Civ. 2086), and terminate the motion (Doc. No. 11 in 06 Civ.2086; and Doc. No. 2939 in 21 MC 100). (Signed by Judge Alvin K. Hellerstein on 4/11/2013) (tro) (Entered: 04/11/2013)
STIPULATION OF DISCONTINUANCE WITH PREJUDICE. IT IS HEREBY STIPULATED TO AND AGREED UPON, by and between the attorneys for the parties herein, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, the complaint, including all claims, are hereby discontinued, with prejudice, and without costs to any party as against the other. (Signed by Judge Alvin K. Hellerstein on 4/9/2013). (rjm) (Entered: 04/09/2013)
ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND SETTING DATES FOR PLAINTIFF'S DEPOSITION; Defendants' motion to dismiss is hereby denied. It is not clear that Plaintiff has abandoned his case. However, Plaintiff shall submit to deposition on either April 17, 2013, or April 25, 2013, and shall declare his preferred date by April 13, 2013. Plaintiff's failure to choose a date by April 11 and to submit to deposition on that date will lead directly to dismissal for failure to prosecute. As to Plaintiff's desire to add the Fire Department of New York and the Environmental Protection Agency as new parties, the statute of limitations would bar his claims, as would other bars. A motion to add those parties as defendants would be denied. re: denying 9 Motion to Dismiss for Lack of Prosecution. (Signed by Judge Alvin K. Hellerstein on 4/8/2013) (sac) (Entered: 04/08/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from David Jaroslawicz dated 4/4/2013 re: We represent the plaintiff in this action. There is a conference scheduled for April 5, 2013 at 11:00 a.m. before Your Honor. We are pleased the inform the Court that this matter was settled at a private mediation. We are preparing the final settlement documents and should be filing a stipulation of discontinuance within the next few weeks. ENDORSEMENT: A suggestion of settlement having been made, this case is dismissed, subject to restoration by either party within 30 days on notice. All pending court dates are cancelled. The Clerk is directed to close the case. (Signed by Judge Alvin K. Hellerstein on 4/8/2013) (sac) (Entered: 04/08/2013)
ORDER. On April 5, 2013, I held oral argument on Defendants' omnibus motion to compel the Environmental Protection Agency ("EPA") to comply with subpoenas (Doc. No. 2946) and the EPA's cross-motion to quash the subpoenas (Doc. No. 2966). The motion is continued while the parties confer, subject to the rulings made on the record. The next conference on this matter will take place on May 17, 2013 at 11:30 a.m. in Courtroom 14D. (Conference set for 5/17/2013 at 11:30 AM in Courtroom 14D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/5/2013). (rjm) (Entered: 04/08/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATION OF DISCONTINUANCE WITH PREJUDICE. IT IS HEREBY STIPULATED TO AND AGREED UPON, by and between the attorneys for the parties herein, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, the complaint, including all claims, are hereby discontinued, with prejudice, and without costs to any party as against the other. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. ENDORSEMENT: The Clerk shall mark this file closed. (Signed by Judge Alvin K. Hellerstein on 4/4/2013) (rjm) (Entered: 04/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiffs claims against all Defendants are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 4/4/2013). (rjm) (Entered: 04/05/2013)
NOTICE OF WITHDRAWAL OF ALL CLAIMS: PLEASE TAKE NOTICE: As a prerequisite and in anticipation of filing a claim with the September 11th Victim Compensation Fund, and as a condition thereto; Plaintiff(s) in the above entitled action, hereby withdraws all claims against all defendants in the above action. ENDORSEMENT: So ordered. This case is closed. (Signed by Judge Alvin K. Hellerstein on 4/4/2013) (tro) (Entered: 04/04/2013)
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Plaintiffs and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The City of New York.(Bowen, Anita) (Entered: 04/04/2013)
DECLARATION of Christopher R. LoPalo in Opposition re: 2990 Memorandum of Law in Opposition to Motion, 2991 Declaration in Opposition to Motion,. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 03/28/2013)
DECLARATION of Christopher R. LoPalo in Opposition re: 2982 MOTION to Dismiss for Lack of Prosecution.. Document filed by Plaintiffs Liaison Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(LoPalo, Christopher) (Entered: 03/28/2013)
MEMORANDUM OF LAW in Opposition re: 2982 MOTION to Dismiss for Lack of Prosecution.. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 03/28/2013)
Letter addressed to Judge Alvin K. Hellerstein from James E. Tyrell, Jr. dated 3/12/2013 re: Counsel requests that the Court accept this letter which references certain of Dr. Skloot's testimony in further support of Defendants' Motion. Document filed by New York City Department of Environmental Protection, New York City Department of Health and Mental Hygiene.(tro) (Entered: 03/27/2013)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE in Support re: 2939 MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations.. Document filed by Bovis Lend Lease LMB, Inc.. (Tyrrell, James) Modified on 3/27/2013 (ldi). (Entered: 03/26/2013)
DECLARATION of Jill Berry in Support re: 2985 MOTION for Summary Judgment Notice of Motion for Summary Judgment Dismissing Plaintiff's Complaint against The Port Authority of New York and New Jersey for lack of subject matter Jurisdiction.. Document filed by The Port Authority of New York & New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Berry, Jill) (Entered: 03/22/2013)
MEMORANDUM OF LAW in Support re: 2985 MOTION for Summary Judgment Notice of Motion for Summary Judgment Dismissing Plaintiff's Complaint against The Port Authority of New York and New Jersey for lack of subject matter Jurisdiction.. Document filed by The Port Authority of New York & New Jersey. (Berry, Jill) (Entered: 03/22/2013)
MOTION for Summary Judgment Notice of Motion for Summary Judgment Dismissing Plaintiff's Complaint against The Port Authority of New York and New Jersey for lack of subject matter Jurisdiction. Document filed by The Port Authority of New York & New Jersey.(Berry, Jill) (Entered: 03/22/2013)
AFFIRMATION of Michael F.X. Ryan, Esq. in Support re: 2980 FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement.. Document filed by Kenneth Roche. (Attachments: # 1 Affidavit Kenneth Roche, # 2 Affidavit Of Service, # 3 Exhibit "A", # 4 Exhibit "B")(Ryan, Michael) (Entered: 03/14/2013)
FIRST MOTION for an order pursuant to New York Judiciary §475 extinguishing any lien claimed by Sacks & Sacks PC against any proceeds in this action received by plaintiff's verdict or settlement. Document filed by Kenneth Roche.(Ryan, Michael) (Entered: 03/14/2013)
REPLY MEMORANDUM OF LAW in Support re: 2966 CROSS MOTION to Quash Subpoena to EPA Region 2.. Document filed by United States Environmental Protection Agency. (Greif, Michele) (Entered: 03/13/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION orde pursuant to New York Judiciary Section 475 extinguishing any lien claimed by Sacks and Sacks, PC. Document filed by Kenneth Roche. (Attachments: # 1 Affidavit Affidavit of Kenneth Roche, # 2 Affidavit Affidavit of Service, # 3 Exhibit A, # 4 Exhibit B)(Ryan, Michael) Modified on 3/13/2013 (db). (Entered: 03/13/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Alyson N. Villano dated 3/8/2013 re: Defendants request that Mr. Bowers' case be dismissed with prejudice. ENDORSEMENT: Def't shall move by motion to dismiss case. (Signed by Judge Alvin K. Hellerstein on 3/8/2013) (tro) (Entered: 03/09/2013)
DECLARATION of Adlai J.J. Small in Support re: 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by Bovis Lend Lease LMB, Inc.. (Tyrrell, James) (Entered: 03/08/2013)
REPLY MEMORANDUM OF LAW in Support re: 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by Bovis Lend Lease LMB, Inc.. (Tyrrell, James) (Entered: 03/08/2013)
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of civil Procedure 41(a){I)(A)(ii) that all of the Plaintiff's claims against all Defendants that have appeared are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order or Stipulation. (Signed by Judge Alvin K. Hellerstein on 3/6/2013) (js) ENDORSEMENT: The Clerk of Court shall mark the case 10-cv-6997 file "closed" (Entered: 03/06/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Christopher LoPalo and Alyson N. Villano dated 2/28/2013 re: Accordingly, we respectfully request that the Court give Mr. Bowers a reasonable period of time to allow him to properly consult with his counsel and to reschedule his deposition. Additionally, due to the fact that at least one (and possibly both) of the cancellations at issue was unavoidably due to Mr. Bowers' health and unintentional on his part, we further request that each party bear its own costs fur these past instances. ENDORSEMENT: 1. By March 31, 2013, defendants shall present, and plaintiff shall pay, the charges for the canceled depositions. 2. Plaintiff shall, within 2 days of this order, present 3 dates on which he will appear for deposition, in March 2013, and actually shall appear on the dates chosen by defendants of the three. 3. Failure on plaintiffs part shall be sufficient cause for R. 41 dismissal. So Ordered (Signed by Judge Alvin K. Hellerstein on 3/5/2013) (js) (Entered: 03/05/2013)
STIPULATED ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that any and all claims asserted by Plaintiffs against Defendants New York City Department of Environmental Protection and New York City Department of Health and Mental Hygiene are hereby dismissed with prejudice wld without costs to any party. (Signed by Judge Alvin K. Hellerstein on 3/4/2013) (js) (Entered: 03/04/2013)
REPLY AFFIRMATION of James E. Tyrrell, Jr. in Support re: 2939 MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) (Entered: 02/27/2013)
REPLY MEMORANDUM OF LAW in Support re: 2939 MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) (Entered: 02/27/2013)
MEMORANDUM OF LAW in Opposition re: 2966 CROSS MOTION to Quash Subpoena to EPA Region 2., 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by United States Environmental Protection Agency. (Bowcut, Brian) (Entered: 02/26/2013)
NOTICE OF APPEARANCE by Brian Eugene Bowcut on behalf of United States of America, United States Environmental Protection Agency (Bowcut, Brian) (Entered: 02/26/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Alyson N. Villano dated 2/25/2013 re: Mr. Bowers refused to complete the settlement of his action and now he is refusing to litigate it. To avoid further delay and prevent the additional waste of time and resources, Defendants respectfully request that the Court enter the enclosed Order to Show Cause requiring Mr. Bowers to appear for his deposition. If Mr. Bowers fails to appear for his deposition, this case should be dismissed with prejudice. ENDORSEMENT: Denied w/out prejudice to resubmission by motion pursuant to R. 37, or by joint letter pursuant individual Rule 2 E. (Signed by Judge Alvin K. Hellerstein on 2/25/2013) (mt) (Entered: 02/25/2013)
ORDER SUMMARIZING STATUS CONFERENCE: On February 14, 2013, I held a status conference in the above-captioned matter to discuss the remaining seven non-respiratory injury cases in 21 MC 100. Of the seven, four cases, having been settled, will be closed by separate orders: Daly v. Port Authority, 05 Civ. 7212; Graybill v. City of New York, et al., O5 Civ. 7167; Magee v. Port Authority. et al., O5 Civ. 7210; and Sferrazza v. Port Authority, O5 Civ. 7154. Of the three cases that remain-Kosmaczewski v. City of New York. et al., O5 Civ. 7206, Montalvo v. City of New York, et al., 05 Civ. 7208, and Roche v. FGP 90 West Street. LLC., et al., 05 Civ. 7150-the parties are pursuing mediation.The next status conference for the three remaining non-respiratory injury cases in the 21 MC 100 master calendar will occur on April 5, 2013 at 11:00 a.m. in Courtroom 14D (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (js) (Entered: 02/20/2013)
ORDER: On February 8, 2013, Defendants the City of New York and identified Contractors filed an omnibus motion to compel the Environmental Protection Agency and Angel Aerial to comply with Defendants' subpoenas (Doc. No. 2946). Oral argument will take place on April 5, 2013 at 11:00 a.m. in Courtroom 14D.( Oral Argument set for 4/5/2013 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (js) (Entered: 02/20/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Joseph E. Hopkins dated 2/15/2013 re: We now write on behalf of Defendants and Angel Aerial to request, based on the parties' mutual agreement, that the deadline for Angel Aerial's response to this motion be extended to February 26, 2013 and the deadline for Defendant's respective reply brief be extended to March 8, 2013. A similar briefing schedule was entered on February 13, 2013 with regards to the environmental Protection Agency. ENDORSEMENT: SO ORDERED., ( Responses due by 2/26/2013, Replies due by 3/8/2013.) (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (ama) (Entered: 02/19/2013)
ORDER: that the Clerk of the Court shall mark this matter closed; provided, however, that if settlement is not consummated within 30 days of the date of this Order, either party may apply by letter within the 30-day period for restoration of the action to the calendar of the undersigned. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (pl) (Entered: 02/19/2013)
ORDER: that the Clerk of the Court shall mark this matter closed; provided, however, that if settlement is not consummated within 30 days of the date of this Order, either party may apply by letter within the 30-day period for restoration of the action to the calendar of the undersigned. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (pl) (Entered: 02/19/2013)
ORDER: that the Clerk of the Court shall mark this matter closed; provided, however, that if settlement is not consummated within 30 days of the date of this Order, either party may apply by letter within the 30-day period for restoration of the action to the calendar of the undersigned. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (pl) (Entered: 02/19/2013)
ORDER: that the Clerk of the Court shall mark this matter closed; provided, however, that if settlement is not consummated within 30 days of the date of this Order, either party may apply by letter within the 30-day period for restoration of the action to the calendar of the undersigned. (Signed by Judge Alvin K. Hellerstein on 2/19/2013) (pl) (Entered: 02/19/2013)
MEMO ENDORSEMENT re: (47 in 1:05-cv-07208-AKH, MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order or Protective Order limiting Further Discovery Taken or Had of Plaintiffs. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of New York and New Jersey. filed by John Montalvo, ( 2951 in 1:21-mc-00100-AKH, 2951 in 1:21-mc-00100-AKH, 2951 in 1:21-mc-00100-AKH) MOTION to Add. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37. MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs. filed by John Montalvo. ENDORSEMENT: Motion Withdrawn on consent. (Signed by Judge Alvin K. Hellerstein on 02/14/2013) (jcs) Modified on 2/19/2013 (jcs). Modified on 2/19/2013 (jcs). (Entered: 02/14/2013)
CERTIFICATE of Counsel by Marion Sandra Mishkin on behalf of John Montalvo. Re: 2951 MOTION to Add. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37. MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs.. Certification pursuant to Fed. R. Civ. P. 26 (c) (Attachments: # 1 Text of Proposed Order (proposed protective order))(Mishkin, Marion) (Entered: 02/14/2013)
CERTIFICATE of Counsel by Marion Sandra Mishkin on behalf of John Montalvo. Re: 2951 MOTION to Add. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37. MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs.. Certification pursuant to CMO No. 07. (Mishkin, Marion) (Entered: 02/14/2013)
MEMORANDUM OF LAW in Support re: 2951 MOTION to Add. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37. MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs.. Document filed by John Montalvo. (Mishkin, Marion) (Entered: 02/14/2013)
DECLARATION in Support re: 2951 MOTION to Add. MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37. MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs.. Document filed by John Montalvo. (Attachments: # 1 Exhibit)(Mishkin, Marion) (Entered: 02/14/2013)
MOTION to Add., MOTION for Default Judgment as to Defendant, the City of New York, and Defendant, Port Authority of NYNJ, pursuant to Fed. R. 37., MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 and for order limiting further discovery taken or had of the Plaintiffs. Document filed by John Montalvo.(Mishkin, Marion) (Entered: 02/14/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Brian E. Boweut dated 2/13/2013 re: I write to request that the deadline for its response be extended to February 26, 2013. Defendants have agreed to this request, with the proviso - to which EPA consents - that the deadline for Defendants' reply brief be extended to March 8, 2013. ENDORSEMENT: So ordered. (Responses due by 2/26/2013, Replies due by 3/8/2013.) (Signed by Judge Alvin K. Hellerstein on 2/13/2013) (ft) (Entered: 02/13/2013)
DECLARATION of Adlai J.J. Small in Support re: 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) (Entered: 02/08/2013)
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Adlai J.J. Small in Support re: 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) Modified on 2/11/2013 (db). (Entered: 02/08/2013)
MEMORANDUM OF LAW in Support re: 2946 MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) (Entered: 02/08/2013)
MOTION to Compel Non-Parties the EPA and Angel Aerial to Comply with Defendants' Subpoenas. Document filed by Bovis Lend Lease LMB, Inc., The City of New York.(Tyrrell, James) (Entered: 02/08/2013)
STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS LISTED IN ATTACHED "SCHEDULE A": The Plaintiffs' case against Defendants identified on attached "Scheduled A" only is voluntarily dismissed without prejudice. All claims by Plaintiffs against Defendants identified on Schedule A, arising out of or relating in any way to World Trade Center-related rescue, recovery, and/or debris-handling operations and/or clean-up at any location On and/or after September 11, 2001 are voluntarily dismissed without prejudice. This dismissal is without costs to either side. (Signed by Judge Alvin K. Hellerstein on 2/1/2013) (ft) (Entered: 02/04/2013)
CASE MANAGEMENT ORDER NO. 12: The case Management Order No. 12 sets forth the schedule for future proceedings that shall apply to discovery in the above action All fact discovery shall be completed on or before March 15, 2013. Physical and Mental examinations of Mr. Greenberg, if any, shall be conducted after March 15, 2013 and completed by April 12, 2013. So Ordered (Signed by Judge Alvin K. Hellerstein on 1/25/2013) (js) (Entered: 01/25/2013)
DECLARATION of James E. Tyrrell, Jr. in Support re: 2939 MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Attachments: # 1 Exhibit 1)(Tyrrell, James) (Entered: 01/24/2013)
MEMORANDUM OF LAW in Support re: 2939 MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations.. Document filed by Bovis Lend Lease LMB, Inc., The City of New York. (Tyrrell, James) (Entered: 01/24/2013)
MOTION for Summary Judgment Based Upon Failure to Properly Sue the City of New York and Statute of Limitations. Document filed by Bovis Lend Lease LMB, Inc., The City of New York.(Tyrrell, James) (Entered: 01/24/2013)
MEMO ENDORSEMENT on NOTICE OF MOTION TO COMPEL PLAINTIFFS TO APPEAR FOR DEPOSITIONS AND PHYSICAL EXAMINATIONS: Motion denied as academic, in light of my oral rulings on 1/18/13, without prejudice. (Signed by Judge Alvin K. Hellerstein on 1/18/2013) (lmb) (Entered: 01/22/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Robert A. Grochow dated 1/15/2013 re: I am writing to provide you with an update for two of our 21 MC 100 and 21 MC 102 cases which settled with the City of New York in the World Trade Center Litigation Settlement: ENDORSEMENT: To The Clerk. Dukes (09cv8028, 10cv6912) is closed, and should remain closed.) Lejtman (08cv5709), having been re-opened by my order 12-20-12, should now be closed. The remaining proceedings are in probate (Surrogate's) court, not this court. (Signed by Judge Alvin K. Hellerstein on 1/16/2013) Copies Sent By Chambers (djc) (Entered: 01/18/2013)
ORDER LIFTING STAY AND OPENING DISCOVERY IN NON-RESPIRATORY CASES: At the status conference held October 16, 2012, for non-respiratory injury cases identified in my order filed October 3, 2012, questions arose concerning the applicability of stay orders to these cases. For the sake of clarity and to expedite the final resolution of these cases, all stay orders previously issued no longer apply to these cases. Discovery shall proceed on all fact issues, including Rule 35 physical and mental examinations, and be completed by January 31, 2013. Expert discovery need not be completed by this date.The next status conference for non-respiratory injury cases in the 21 MC 100 master calendar will occur on February 14, 2013 at 10:30 a.m. in Courtroom 14D. The status conference scheduled for November 15, 2012 at 11:00 a.m. is adjourned. Previous orders expressed at the status conference and in my order of October 24, 2012, regulating discovery in these cases are canceled. (Signed by Judge Alvin K. Hellerstein on 10/26/2012) (djc) (Entered: 01/11/2013)
CLERK'S JUDGMENT : That for the reasons stated in the Court's Order dated January 2, 2013, Defendants motion for summary judgment is granted and Plaintiffs claims are dismissed. Judgment is entered for Defendants with cost; 11 Civ. 4252 is closed. (Signed by Clerk of Court Ruby Krajick on 1/7/13) (Attachments: # 1 Notice of Right to Appeal)(dt). (Original Doc.# 49 filed in 11 Civ. 4252). (Entered: 01/07/2013)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Anita D. Bowen dated 12/19/2012 re: My office represents defendant City of New York ("City") in the above referenced matter. This letter motion and the annexed exhibits are submitted in support of the City's application for an Order compelling plaintiff Montalvo to appear for a deposition. ENDORSEMENT: Denied without prejudice. Move either according to the Fed. R. Civ. P. or my Individual R. 2E. All settlements must be followed promptly by filing stipulation of dismissal. (Signed by Judge Alvin K. Hellerstein on 12/27/2012) (lmb) (Entered: 01/02/2013)
ORDER GRANTING SUMMARY JUDGMENT TO DEFENDANTS: granting 2910 Motion for Summary Judgment. Defendants' motion for summary judgment is granted and Plaintiffs' claims are dismissed. There is no genuine dispute as to any material fact and Defendants are entitled to judgment as a matter of law. Fed. R. Civ. P. 56. The Clerk shall enter judgment for Defendants, with costs, close 11 Civ. 4252, and mark document numbers 30 in 11 Civ. 4252 and 2910 in 21 MC 100, closed. (Signed by Judge Alvin K. Hellerstein on 1/2/2013) (lmb) (Entered: 01/02/2013)
REPLY MEMORANDUM OF LAW in Support re: 2910 MOTION for Summary Judgment.. Document filed by AMEC Construction Management, Inc., AMEC Earth & Environmental, Inc., Bovis Lend Lease LMB, Inc., Tully Construction Co., Inc., Turner Construction Company. (Tyrrell, James) (Entered: 12/21/2012)
ENDORSED LETTER addressed to Alvin K. Hellerstein from Stephen M. Cantor and Joseph E. Hopkins dated 12/13/2012 re: As a result, counsel for Plaintiffs and Defendants have conferred and jointly respectfully request that the Court extend the deadlines in CMO 11. The current fact discovery deadline of December 21, 2012 would be extended to January 31, 2013 and the deadline to complete physical and mental examinations would be extended from January 11, 2013 to February 21, 2013. ENDORSEMENT: So ordered., ( Fact Discovery due by 1/31/2013.) (Signed by Judge Alvin K. Hellerstein on 12/17/2012) (lmb) (Entered: 12/18/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Kenneth G. Schwarz dated 12/4/2012 re: Counsel writes on behalf of Tishman Construction Corporation of Manhattan, Tishman Construction Corporation of New York, and Tishman Interiors Corporation to withdraw the appearances of Brian Scott Levine and Lorraine Gwynneth McKay of Cozen O'Connor on behalf of Tishman Construction Corporation of Manhattan, Tishman Construction Corporation of New York, and Tishman Interiors Corporation. Brian Scott Levine and Lorraine Gwynneth McKay are no longer associated with Cozen O'Connor.. ENDORSEMENT: So Ordered., Attorney Brian Scott Levine and Lorraine Gwynneth McKay terminated. (Signed by Judge Alvin K. Hellerstein on 12/4/2012) (pl) (Entered: 12/05/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein, from Stephen M. Cantor, dated 11/28/2012, re: request an extension of time to respond to Defendants' Motion for Summary Judgment in the aforementioned action to December 14, 2012. Subject to Your Honor's approval, once our request is submitted, the defendants' request time to file their reply until January 4, 2013. ENDORSEMENT: So ordered. ( Responses due by 12/14/2012) (Signed by Judge Alvin K. Hellerstein on 11/29/2012) (ja) Modified on 11/30/2012 (ja). (Entered: 11/30/2012)
Order Modifying Subpoena and Governing the Disclosure of Confidential Medical Information from the Fire Department of the City of New York World Trade Center Medical Monitoring and Treatment Program...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 11/29/2012) (ja) (Entered: 11/30/2012)
STIPULATION OF DISMISSAL: that pursuant to FRCP 41(a)(1)(A)(ii) all of plaintiffs' claims against all defendants that have appeared are hereby dismissed with prejudice and without costs to any party. So Ordered, the Clerk shall mark the file "closed." (refers to 10 cv 7131) (Signed by Judge Alvin K. Hellerstein on 11/26/2012) (cd) (Entered: 11/27/2012)
ORDER EXTENDING DEADLINE IN PRIOR ORDER GRANTING IN PART MOTION TO MODIFY SUBPOENA: Modifying my "Order Granting in Part Motion to Modify Subpoena" filed November 19, 2012 (Doc. No. 2923), parties now have until November 29, 2012 to jointly submit an order consistent with the holdings identified in that order. (Signed by Judge Alvin K. Hellerstein on 11/20/2012) (lmb) (Entered: 11/20/2012)
ORDER GRANTING IN PART MOTION TO MODIFY SUBPOENA on 2680 Motion for Protective Order. For the reasons stated on the record, the motion to modify is granted in part such that the City will provide the height and years, rather than exact dates, of birth, death, hire, and retirement, of study participants. Sex, race, and home addresses, need not be produced. Produced data is subject to the Court's Protective Order No.3 issued July 15,2009. Parties are to jointly submit an order consistent with these holdings and identifying any disagreements by November 21, 2012, The Clerk shall mark the motion (Doc. No. 2680) terminated. SO ORDERED.(Signed by Judge Alvin K. Hellerstein on 11/19/2012) (ama) (Entered: 11/19/2012)
ORDER CLOSING CASE. On April 12, 2004, case number 02 Civ. 9126 was dismissed as to Plaintiffs Vincent McNally and Gina McNally by order of Judge Thomas P. Griesa. On October 18, 2011, remaining Plaintiffs Francis Lavery and Katheryn Lavery dismissed their claims against the Port Authority. On November 28, 2011, remaining Plaintiffs Francis Lavery and Katheryn Lavery voluntarily dismissed their action against the City of New York. The Clerk shall mark the case, 02 Civ. 9126, closed. (Signed by Judge Alvin K. Hellerstein on 11/16/2012) (rjm) (Entered: 11/19/2012)
ORDER CLOSING CASE: Plaintiffs filed their complaint on March 26, 2009. On January 31, 2011, the case was dismissed by stipulation with prejudice pursuant to a final settlement agreement. The Clerk shall mark the case, 09 Civ. 2974, closed. (Signed by Judge Alvin K. Hellerstein on 11/16/2012) (cd) (Entered: 11/16/2012)
STIPULATION OF DISMISSAL WITH PREJUDICE: pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii) that all of the Plaintiff's claims against all Defendants that have appeared are hereby dismissed with prejudice and without costs to any party. (refers to 07 cv 5041) (Signed by Judge Alvin K. Hellerstein on 11/15/2012) (cd) (Entered: 11/16/2012)
ORDER SUMMARIZING STATUS CONFERENCE: The status conference scheduled for January 11, 2013, in Greenberg v. U.S. Environmental Protection Agency, et al., 06 Civ. 2086, and O'Hara v. AMEC Construction Management. Inc. et al., 11 Civ. 4252, is hereby adjourned. The next status conference in these two cases will be held on January 18, 2013, at 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 11/15/2012) (js) (Entered: 11/15/2012)
CERTIFICATE OF SERVICE of Motion served on Joseph Decolater on November 9, 2012. Service was made by Mail. Document filed by The City of New York. (Tyrrell, James) (Entered: 11/09/2012)
DECLARATION of Alyson N. Villano in Support re: 2915 MOTION to Dismiss for Lack of Prosecution.. Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Tyrrell, James) (Entered: 11/09/2012)
MEMORANDUM OF LAW in Support re: 2915 MOTION to Dismiss for Lack of Prosecution.. Document filed by The City of New York. (Tyrrell, James) (Entered: 11/09/2012)
CERTIFICATE OF SERVICE of Summary Judgment Motion Papers served on Stephen Cantor and Counsel of Record on November 7, 2012. Service was made by Mail. Document filed by AMEC Construction Management, Inc., AMEC Earth & Environmental, Inc., Bovis Lend Lease LMB, Inc., Tully Construction Co., Inc., Turner Construction Company. (Tyrrell, James) (Entered: 11/07/2012)
DECLARATION of James E. Tyrrell, Jr. in Support re: 2910 MOTION for Summary Judgment.. Document filed by AMEC Construction Management, Inc., AMEC Earth & Environmental, Inc., Bovis Lend Lease LMB, Inc., Tully Construction Co., Inc., Turner Construction Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tyrrell, James) (Entered: 11/07/2012)
MEMORANDUM OF LAW in Support re: 2910 MOTION for Summary Judgment.. Document filed by AMEC Construction Management, Inc., AMEC Earth & Environmental, Inc., Bovis Lend Lease LMB, Inc., Tully Construction Co., Inc., Turner Construction Company. (Tyrrell, James) (Entered: 11/07/2012)
ORDER ADJOURNING ORAL ARGUMENT: that, Oral argument scheduled for November 1, 2012, at 10;30 a.m., on the "Motion to Modify Subpoena Issued to Fire Department of the City of New York and for Protective Order," filed December 21, 2011, is hereby adjourned to November 14, 2012, at 10:30 a.m. ( Oral Argument set for 11/14/2012 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/5/2012) (pl) (Entered: 11/07/2012)
CASE MANAGEMENT ORDER NO. 11: This Case Management Order No. 11 (hereinafter "CMO 11") sets forth the schedule for future proceedings that shall apply to discovery in the above actions. All remaining interrogatories and document demands shall be served on or before October 26, 2012. All fact discovery shall be completed on or before December 21, 2012. Physical and mental examinations of plaintiffs, if any, shall be conducted after December 21, 2012 and completed by January 11, 2013. ( Fact Discovery due by 12/21/2012.) (Signed by Judge Alvin K. Hellerstein on 10/26/2012) (ja) (Entered: 10/26/2012)
ORDER SUMMARIZING STATUS CONFERENCE. On October 16, 2012, I held a status conference in the above-captioned matter to discuss the non-respiratory injury cases identified in my order filed October 3, 2012. For the reasons stated on the record, I dismissed two cases: Narayanan v. The City of New York, 05 Civ. 7186, for failure to prosecute and Daly v. Yonkers Contracting Company, Inc., 05 Civ. 7415, as a settled case. Any motions to reopen discovery in the remaining cases must be filed by November 1, 2012, with oppositions filed by November 12, 2012. The next status conference for non-respiratory injury cases in the 21 MC 100 master calendar will occur on November 15, 2012 at 11:00 a.m. in Courtroom 14D. The Clerk shall mark the cases 05 Civ. 7186 and 05 Civ. 7415 closed. (Motions due by 11/1/2012. Responses due by 11/12/2012), (Status Conference set for 11/15/2012 at 11:00 AM in Courtroom 14D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/23/2012) (rjm) (Entered: 10/24/2012)
ORDER SUMMARIZING STATUS CONFERENCE. On October 17, 2012, I held a status conference in the above-captioned matter. Counsel in 06 Civ. 2086, Greenberg v. U.S. Environmental Protection Agency, etal., and 11 Civ. 4252, O'Hara v. AMEC Construction Management, Inc. etal., were ordered to provide the Court with a proposed schedule to complete fact discovery in these cases. Oral argument will be heard on the open motion filed December 21, 2011, "Motion to Modify Subpoena Issued to Fire Department of the City of New York and for Protective Order," on November 1, 2012, at 10:30 a.m. The next status conference in Greenberg and O'Hara will be held on January 11, 2013, at 10:00 a.m. A date for the next status conference in the 21MC100 master calendar was not set. (Oral Argument set for 11/1/2012 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/23/2012) (rjm) (Entered: 10/24/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernce proceeding held on 10/17/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/24/2012)
TRANSCRIPT of Proceedings re: conference held on 10/17/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(McGuirk, Kelly) (Entered: 10/24/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/16/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/24/2012)
TRANSCRIPT of Proceedings re: conference held on 10/16/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(McGuirk, Kelly) (Entered: 10/24/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Gregory J. Cannata dated 10/12/2012 re: I am writing to provide you with an update for two of our 21 MC 102 cases which settled with the City of New York in the World Trade Center Litigation Settlement: Slawomir Lejtman 08cv5709, 08cv6128: This law firm has submitted a Petition for the distribution of settlement proceeds to the Queens County Surrogate's Court. Distribution of the settlement funds is pending approval of the Petition by the Court. Ralph Dukes- 09 cv 8028, 10 cv 6912: This law firm has submitted a Petition for the distribution of the settlement proceeds to the Richmond County Surrogate's Court. Distribution of the settlement funds is pending approval of the Petition by the Court. The settlement funds for remainder of the cases that participated in the settlement have been distributed. ENDORSEMENT: The Clerk shall mark all four of these case files "closed." (Signed by Judge Alvin K. Hellerstein on 10/18/2012) (djc) Modified on 10/22/2012 (djc). (Entered: 10/19/2012)
Letter addressed to Clerk of Court from Hector Flamenco dated 9/27/2012 re: At your earliest convenience, please forward the balance due for the court filing fees on the above two lawsuits. I have been making monthly payments for several months now. However, I now have resources to pay the balance due. (rjm) (Entered: 10/17/2012)
NOTICE OF APPEAL from 2892 Order on Motion for Reconsideration,. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Fensterstock, Blair) (Entered: 10/16/2012)
STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties herein that the above entitled action having been settled be, and the same hereby is discontinued, with prejudice and without costs to any party and that this stipulation may be filed with the Clerk of the Court without further notice. (Signed by Judge Alvin K. Hellerstein on 10/16/2012) (js) (Entered: 10/16/2012)
ORDER: Marion S. Mishkin, pursuant to my order of September 13, 2012, identified the cases listed in the attached schedule (identified by plaintiff name, index number, and attorney) as not yet settled or resolved. All attorneys appearing in the cases listed shall appear on October 16, 2012, at 11:00 a.m., for a conference to discuss the status of each such case, along with a plan for their ultimate resolution., ( Status Conference set for 10/16/2012 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/3/2012) (lmb) (Entered: 10/03/2012)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION Individual Dockets to be Closed re: 2321 Stipulation and Order of Dismissal. Document filed by Plaintiffs Liaison Counsel.(Carboy, Andrew) Modified on 10/3/2012 (ldi). (Entered: 10/02/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/12/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/28/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/12/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 1/2/2013.(McGuirk, Kelly) (Entered: 09/28/2012)
STATUS REPORT. List of Plaintiffs' Counsel Requested by this Court in its September 13, 2012 Summary Order Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases).(Fensterstock, Blair) (Entered: 09/27/2012)
2892
Filed: 9/21/2012, Entered: None
ORDER denying 2889 Motion for Reconsideration.ENDORSEMENT: Motion denied. No perceived benefit accrued to the group from Ms. Mishkin's alleged work before I appointed her liaison counsel. All other facts and law are as they were before I ruled.(Signed by Judge Alvin K. Hellerstein on 9/21/2012) (ama) (Entered: 09/21/2012)
AFFIDAVIT of Marion S. Mishkin in Support re: 2889 MOTION for Reconsideration re; 2888 Order,,,. MOTION for Reconsideration re; 2888 Order,,,. MOTION for Reconsideration re; 2888 Order,,,. MOTION for Reconsideration re; 2888 Order,,,.. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Exhibit Schedule A - Time Records, # 2 Exhibit Schedule B - Expenses)(Fensterstock, Blair) (Entered: 09/20/2012)
MOTION for Reconsideration re; 2888 Order,,,. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). Return Date set for 10/15/2012 at 09:30 AM. (Attachments: # 1 Text of Proposed Order Text of Proposed Order on Marion S. Mishkin Law Office's Motion for Reconsideration and, Upon Reconsideration, Granting Her Revised Application for Reasonable Attorney Fees and Expenses)(Fensterstock, Blair) (Entered: 09/20/2012)
SUMMARY ORDER: On September 12, 2012, argument was heard on Marion S. Mishkin Law Office's application for an order awarding counsel fees and expenses. For the reasons stated on the record, the application is denied, without prejudice to reapplication for fees and expenses that are consistent with the April 3, 2009 Plaintiffs' Co-Liaison Counsel Order and were incurred after May 21,2008, but not between August 28,2008 and October 3, 2008. Any such reapplication shall be served on all counsel for plaintiffs who sued to recover for bodily-injury, non respiratory, non-ingestion damages as were previously identified and who are potentially subject to paying Co-Liaison Counsel if and when ordered by the Court. By September 27, 2012, Co-Liaison Counsel shall file and serve a complete list of all such plaintiffs' counsel, including counsel's addresses and telephone numbers. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/13/2012) (ama) (Entered: 09/13/2012)
MEMO ENDORSEMENT on PROPOSED ORDER TO SHOW CAUSE FOR LEAVE TO WITHDRAW AS COUNSEL: Order to Show Cause denied. No reason has been shown why movant cannot proceed by notice of motion, in regular course. The moving party also will have to provide a copy of the policy pursuant to which he had been engaged and paid. (Signed by Judge Alvin K. Hellerstein on 8/31/2012) (ft) Modified on 9/11/2012 (ft). (Entered: 09/04/2012)
ENDORSED LETTER addressed to Clerk of Court from Hector Flamenco, pro se dated 8/7/2012 re: This is my second inquiry in regard to my monthly payments for the filing fees of the above captioned cases. ENDORSEMENT: The Court lacks power to return paid filing fees. However, no collection efforts will be pursued if any portion of fees are unpaid, in light of the dismissal of the case, with prejudice. (Signed by Judge Alvin K. Hellerstein on 8/27/2012) (djc) Modified on 8/27/2012 (djc). (Entered: 08/27/2012)
STIPULATION OF DISMISSAL OF BECHTEL DEFENDANTS ONLY: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned, that the claims of the above-referenced plaintiffs against Bechtel Construction, Inc., Bechtel Environmental Safety & Health and Bechtel Group, Inc. only are hereby dismissed with prejudice and without costs to either party. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/23/2012) (ama) (Entered: 08/23/2012)
ORDER: Oral argument will be held in the above-captioned matter regarding Marion S. Mishkin Law Office's application for an order awarding counsel fees and expenses on September 12, 2012, at 4:00 p.m in Courtroom 14D, ( Oral Argument set for 9/12/2012 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/20/2012) (mro) (Entered: 08/22/2012)
ORDER DISMISSING CASE: On July 25, 2012, I issued an Order to Show Cause ("Order") requiring Plaintiff Julio C. Marrero ("Plaintiff") to produce personally signed authorizations for the release of his records from the United States Department of Justice's Victim Compensation Fund of 2001. I ordered Plaintiff's counsel to serve a copy of the Order on Plaintiff, which he did on July 26, 2012 (21MC100, Doc. Entry 2872). I further ordered that if any party wished to object to the Order it should do so within 10 days of service. Additionally, I explained in the Order that failure to comply with the Order or object would result in dismissal of Plaintiff's claims with prejudice. Plaintiff did not comply with the requirements of the Order; nor did he object. Therefore, his claims are dismissed with prejudice. The clerk shall close Docket No. 06cv14833. (Signed by Judge Alvin K. Hellerstein on 8/21/2012) (mro) (Entered: 08/22/2012)
INTERNET CITATION NOTE: Material from decision with Internet citation re: 2858 Memorandum & Opinion. (Attachments: # 1 practice_restrictions_in_settlement_agreements) (tro) (Entered: 08/21/2012)
ORDER RESOLVING DISCOVERY DISPUTE (BECHTEL DEFENDANTS): A motion to dismiss is not a discovery dispute and, unless there is consent, should not be made under my Individual Rules. Rules 12(b), 12(c) and 56, Fed. R. Civ. P., are the modes pursuant to which defendant proceeds. Not my Individual Rule 2E. However, as to the discovery portion of the dispute, defendants are correct, and discovery may not be had against a non-party, using the procedures available against parties. Since, presumptively, the same set of facts pertains to the Bechtel defendants named by O'Hara as was the case against the Bechtel defendants dismissed by my orders in 2008, discovery should be stayed until the status as parties of the Bechtel defendants is clarified. Defendants should proceed by notice of motion filed by August 27, 2012. Defendants should consider the appropriateness of seeking sanctions., ( Motions due by 8/27/2012.) (Signed by Judge Alvin K. Hellerstein on 8/17/2012) (lmb) (Entered: 08/17/2012)
AFFIDAVIT of MARION S. MISHKIN in Support re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]).. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Exhibit Exhibit 1 to Mishkin Affidavit, # 2 Exhibit Exhibit 2 to Mishkin Affidavit, # 3 Exhibit Exhibit 3 to Mishkin Affidavit, # 4 Exhibit Exhibit 4 to Mishkin Affidavit)(Fensterstock, Blair) (Entered: 08/17/2012)
RESPONSE to Motion re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). RESPONSE TO DECLARATION OF JEFFREY A. NEMEROV, DOC. NO. 2866. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Fensterstock, Blair) (Entered: 08/17/2012)
FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Support re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). RESPONSE TO DECLARATION OF JEFFREY A. NEMEROV, DOC. NO. 2866. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Affidavit Affidavit of Marion S. Mishkin, # 2 Exhibit Exhibit 1 to Affidavit of Marion S. Mishkin, # 3 Exhibit Exhibit 2 to Affidavit of Marion S. Mishkin, # 4 Exhibit Exhibit 3 to Affidavit of Marion S. Mishkin, # 5 Exhibit Exhibit 4 to Affidavit of Marion S. Mishkin)(Fensterstock, Blair) Modified on 8/17/2012 (ldi). (Entered: 08/16/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/06/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/24/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.(McGuirk, Kelly) (Entered: 08/06/2012)
NOTICE OF CROSS APPEAL from 2860 Clerk's Judgment,,, 2858 Memorandum & Opinion,,. Document filed by Sullivan Papain Block McGrath & Cannavo P.C.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Affidavit)(Shoot, Brian) (Entered: 08/01/2012)
DECLARATION of Christopher R. LoPalo re: 2868 Order to Show Cause,,,,. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 07/27/2012)
NOTICE OF APPEAL from 2860 Clerk's Judgment,,, 2858 Memorandum & Opinion,,. Document filed by WTC Captive Insurance Company, Inc.. Filing fee $ 455.00, receipt number 0208-7676915. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Brown, Banks) (Entered: 07/26/2012)
ORDER GRANTING DEFENDANT'S MOTION FOR STAY PENDING APPEAL: granting 2862 Motion to Stay. It is hereby Ordered that Defendants' request for a stay is GRANTED. (Signed by Judge Alvin K. Hellerstein on 7/25/2012) (jfe) (Entered: 07/26/2012)
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED on this 25th day of July, 2012 that Plaintiffs Ruben Berrios (06cv09001), Glenn S. Makuch (07cv10008), and Julio C. Marrero (06cv14833) (hereinafter "Plaintiffs") within ten (10) days after service of this Order on the Plaintiffs, shall produce personally signed authorizations for the release of their records from the United States Department of Justice's Victim Compensation Fund of 2001; and IT IS FURTHER ORDERED, that the Plaintiffs' failure to comply with the requirements of this Order shall result in the dismissal of their claims with prejudice; and IT IS FURTHER ORDERED, that Plaintiffs' Counsel shall serve a copy of this Order on the Plaintiffs personally and/or by certified mail to their last known address; and IT IS FURTHER ORDERED that if any party objects to the requirements of this Order, the objecting party shall show cause within ten (10) days after service of this Order to: Hon. Alvin K. Hellerstein, U.S.D.J. Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 Courtroom 14D. (Signed by Judge Alvin K. Hellerstein on 7/25/2012) (lmb) (Entered: 07/25/2012)
ORDER: The status conference in the 21 MC 100 master calendar scheduled for July 24, 2012 at 2:30 p.m. will now be held at 4:00 p.m., in Courtroom 14D.SO ORDERED. ( Status Conference set for 7/24/2012 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/20/2012) (ama) (Entered: 07/25/2012)
AFFIDAVIT of Jeffrey A. Nemerov in Opposition re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]).. Document filed by KEVIN DALY. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Nemerov, Jeffrey) (Entered: 07/24/2012)
NOTICE OF CROSS APPEAL from 2860 Clerk's Judgment,,, 2858 Memorandum & Opinion,,. Document filed by Worby Groner Edelman & Napoli Bern, LLP. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Judgment entered 7/23/2012, # 2 Order entered 7/13/2012)(Rubin, Denise) (Entered: 07/24/2012)
NOTICE OF APPEAL from 2860 Clerk's Judgment,,, 2858 Memorandum & Opinion,,. Document filed by Bovis Lend Lease Inc., City of New York, Evergreen Recycling of Corona, Plaza Construction Corp., Tully Construction Co., Inc., Turner Construction Company, Turner/Plaza, A Joint Venture, AMEC Construction Management, Inc., AMEC Earth & Environmental, Inc.. Filing fee $ 455.00, receipt number 0208-7667438. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Tyrrell, James) (Entered: 07/24/2012)
CLERK'S JUDGMENT # 12,1287 That for the reasons stated in the Court's Order dated July 13, 2012, the Court hold that the settlement consideration of five million dollars was due and payable by the WTC Captive to the Tier IV plaintiffs on January 20, 2012; the Court, hold, further, and as it did in his order requiring Bonus Payments to be paid, that plaintiffs counsel may not receive a fee for this consideration; accordingly, judgment is entered in the amount of $5,000,000.00 with interest at 0.11% (28 U.S.C. § 1961) from January 20, 2012 of $2,787.67 for a total sum of $5,002,787.67; payment shall be made to the Allocation Neutral, the Garretson Resolution Group, for distribution according to the SPA. (Signed by Clerk of Court Ruby Krajick on 7/23/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 07/23/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Edward L.C. Marcowitz dated 7/12/2012 re: I respectfully request that this Court, by way of endorsing this letter and incorporating herein by reference the following orders; "Order Approving Modified and Improved Agreement of Settlement" dated June 23,2010, "Order Approving Settlements" dated November 15,2010, "Fairness Order" dated June 3, 2011, as well as the Garretson Affidavit Dated July 12,2012, confirm and allow the settlement and collection of the proceeds in the amount of $1,915,349.27 and further allow the attorneys fees and disbursements totaling $483,782.64 in the within matter. ENDORSEMENT: SO ORDERED. And Approved. (Signed by Judge Alvin K. Hellerstein on 7/20/2012) (ama) Modified on 7/27/2012 (ama). (Entered: 07/23/2012)
ORDER AND OPINION REQUIRING CONTINGENT PAYMENT TO BE PAID TO SETTLING PLAINTIFFS: I hold that the settlement consideration of five million dollars was due and payable by the WTC Captive to the Tier IV plaintiffs on January 20, 2012. I hold, further, and as I did in my order requiring Bonus Payments to be paid, that plaintiffs' counsel may not receive a fee for this consideration. The Clerk shall enter judgment accordingly, with interest. Payment shall be made to the Allocation Neutral, the Garretson Resolution Group, for distribution according to the SPA. (Signed by Judge Alvin K. Hellerstein on 7/13/2012) (jfe) (Entered: 07/13/2012)
DECLARATION of Christopher LoPalo re: 2842 Order to Show Cause,,,, Set Deadlines,,,. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 07/13/2012)
RESPONSE in Support re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]).. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Affidavit Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 2 Exhibit Part 1 of Exhibit 1 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 3 Exhibit Part 2 of Exhibit 1 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 4 Exhibit Exhibit 2 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 5 Exhibit Exhibit 3 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 6 Exhibit Exhibit 4 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 7 Exhibit Exhibit 5 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 8 Exhibit Exhibit 6 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses, # 9 Exhibit Exhibit 7 to Affidavit of Marion S. Mishkin in Response to the Declaration of John S. Park and in Further Support of Marion S. Mishkin Law Office's Request for an Award of Counsel Fees and Expenses)(Phillips, Michael) (Entered: 07/10/2012)
PARTIAL STIPULATION OF DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that all of the Plaintiff's claims against all Defendants that have appeared are hereby dismissed without prejudice and without costs to any party. This Plaintiff's action has been resolved and has not been dismissed previously by Court Order or Stipulation. Claims released by the settlement agreement with Mr. Tuitt dated May 22, 2012 cannot be subject to further suit. (Signed by Judge Alvin K. Hellerstein on 7/10/2012) (djc) (Entered: 07/10/2012)
ORDER CANCELING STATUS CONFERENCE: The status conference in the 21 MC 100 master calendar scheduled for July 9, 2012 is canceled. The next status conference in the matter will be held on July 24,2012 at 2:30 p.m. in Courtroom 14D. ( Status Conference set for 7/24/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/5/2012) (jfe) (Entered: 07/05/2012)
ORDER REQUIRING CERTAIN POST APRIL 12 PLAINTIFFS TO CURE DELINQUENCIES IN MAKING DISCLOSURES: The court has been advised that the plaintiffs in each of the five cases listed in the caption above have failed to make sworn disclosures in response to court-ordered interrogatories, and that, in consequence, the database of all pending cases has not been populated by the data for these five cases. The obligation on the part of each plaintiff in each pending case to make such sworn disclosures has been the subject of numerous case management orders, beginning November 23, 2011. This order provides plaintiffs' last opportunity. Any plaintiff, of the five identified in the caption of this order, who fails to cure his delinquency by sworn answers complying with Rule 33, Fed. R. Civ. P., by noon, July 12, 2012, shall have his complaint be involuntarily dismissed, with prejudice. So Ordered (Signed by Judge Alvin K. Hellerstein on 7/3/2012) (js) (Entered: 07/05/2012)
ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from James E. Tyrrell dated 6/29/2012 re: The parties have agreed that additional time is necessary to complete discovery and therefore respectfully request the Court to extend the June 30 deadline to August 31, 2012 (which is the fact discovery deadline for the other actions pending before the Court in the 21MC 100 docket). ENDORSEMENT: So Ordered. ( Discovery due by 8/31/2012.) (Signed by Judge Alvin K. Hellerstein on 6/29/2012) (js) (Entered: 07/02/2012)
DECLARATION of John S. Park, Esq. in Opposition re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]).. Document filed by John S Park. (Attachments: # 1 Exhibit Exhibit A, B & C)(Park, John) (Entered: 06/29/2012)
NOTICE of to Produce Documents Pursuant to Federal Rules of Civil Procedure 34. Document filed by Various plaintiffs represented by Cannata/Grochow. (Grochow, Robert) (Entered: 06/29/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James E. Tyrrell and Christopher R. LoPalo dated 6/21/2012 re: The parties respectfully request that the agreement with TCDI be terminated immediately. ENDORSEMENT: The request to terminate the services of TCDI is approved, for the 21 MC 100 docket. Hereafter, the parties are not required to serve discovery on TCDI. The parties may negotiate with TCDI to excuse any costs of termination not related to specific expenditures. (Signed by Judge Alvin K. Hellerstein on 6/27/2012) (lmb) (Entered: 06/28/2012)
Memorandum dated 'Revised' September 24, 2009: Addressed to Judge Alvin K. Hellerstein, from James A. Henderson, Jr. and Aaron D. Twerski. (laq) (Entered: 06/27/2012)
ORDER TO SHOW CAUSE: It is hereby ORDERED, that respondents to this Order to Show Cause, The Law Offices of Worby, Groner, Edelman and Napoli, Bern, LLP., located in the Empire State Building, 350 Fifth Avenue, New York, New York 10118 file opposition papers under oath by the 13 day of July, 2012, 4:00 pm, reply by 20 July, 2012 and to show cause why an order should not be entered requiring the respondents, Worby, Groner, Edelman and Napoli, Bern, LLP to account for the settlement proceeds of plaintiff, JAMES J. RYAN and all deductions therefrom; and it is further ORDERED, that service of a copy of this Order to Show Cause and the supporting papers be made via personal service upon: The Law Offices of Worby, Groner, Edelman and Naploi, Bern, LLP., located at 350 Fifth Avenue, New York, New York and any other party the court deems appropriate by June 26, 2012, 4:00 pm., ( Responses due by 7/13/2012., Replies due by 7/20/2012.) (Signed by Judge Alvin K. Hellerstein on 6/21/2012) (lmb) (Entered: 06/22/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/13/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/5/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly) (Entered: 06/13/2012)
STIPULATION OF DISMISSAL WITH PREJUDICE:IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 4l(a)(1)(A)(ii) that the above-referenced Plaintiff's claims against Defendant City University of New York (CUNY) only, are hereby dismissed with prejudice and without costs to either party, The claims against Defendant City University of New York (CUNY) have been resolved. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/12/2012) (ama) (Entered: 06/13/2012)
NOTICE OF APPEARANCE by James B Worthington on behalf of Plaza Construction Corp., Plaza Construction Management Corp. (Worthington, James) (Entered: 06/05/2012)
CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated May 24, 2012, Port Authoritys motion for summary judgment is granted; the Clerk of the Court is directed to close the following docket numbers: 06cv14487, 06cv08957, 06cv13871, 07cv05041, 08cv00764, and 06cv1510; and the Clerk of the Court is directed to dismiss and the Port Author as a defendant in the following docket numbers:06cv9529, 08cv02616, 05cv07273, 05cv01629. (Signed by Clerk of Court Ruby Krajick on 5/29/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 05/29/2012)
STIPULATED PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF CONFIDENTIAL MEDICAL INFORMATION FROM MOUNT SINAI SCHOOL OF MEDICINE WORLD TRADE CENTER HEALTH PROGRAM...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alvin K. Hellerstein on 5/25/2012) (jar) (Entered: 05/25/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/25/2012)
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/23/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 6/28/2012. Release of Transcript Restriction set for 8/27/2012.(McGuirk, Kelly) (Entered: 05/25/2012)
ORDER GRANTING PORT AUTHORITY'S MOTION FOR SUMMARY JUDGMENT DISMISSING CASES FOR LACK OF SUBJECT MATTER JURISDICTION granting 2582 Motion for Summary Judgment. The Port Authority's Motion for Summary Judgment is granted. The clerk shall close the following docket numbers: 06cv14487, 06cv08957, 06cv13871, 07cv05041, 08cv00764, 06cv15110. The clerk shall dismiss the Port Authority as a defendant from the following docket numbers: 06cv09529, 08cv02616, 05cv07273, 05cv01629. The clerk shall terminate the motion (Document No. 2582). Oral argument on this matter, set for May 30, 2012, is canceled. (Signed by Judge Alvin K. Hellerstein on 5/24/2012) Filed in associated cases 06cv14487, 06cv8957, 06cv13871, 07cv5041, 08cv764, 06cv15110, 06cv9529, 08cv2616, 05cv7273, 05cv1629. (ft) (Entered: 05/24/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Paul A. Scrudato dated 5/22/12 re: Counsel for the Port Authority of New York and New Jersey writes on behalf of the parties to request that the deadline to respond to the Court's 5/21/12 Order be extended to 6/8/12. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 5/22/2012) (mro) (Entered: 05/23/2012)
ORDER TO PROVIDE INFORMATION AND TO SHOW CAUSE (RE: SETTLEMENT WITH PORT AUTHORITY): The settlement agreements between plaintiffs' liaison counsel and various defendants have not been made public. I approved the settlement amounts as fair and reasonable, but I did not review their terms and conditions.The Port Authority is required to provide a full accounting explaining reductions and expenses from the agreed and approved settlement amount of $47.5 million. The parties, by May 30, 2012 shall (a) submit their settlement agreement for filing, and (b) provide the reasons why the agreement should not be filed on the Court's public record, and (c) provide the full accounting requested by Paragraph 6 above. (Signed by Judge Alvin K. Hellerstein on 5/18/2012) (djc) (Entered: 05/21/2012)
ORDER ACCEPTING FINAL PAYMENT REPORTS FILED BY ALLOCATION NEUTRAL: This order accepts two final reports of the Allocation Neutral, Matthew Garretson and the Garretson Resolution Group, Inc. (collectively, "Garretson"), substantially completing the administrations of the mass settlements approved by this court. I order that the two final reports be filed, and posted with this order on the Court web page. The details follow as set forth within this Order. (Signed by Judge Alvin K. Hellerstein on 5/16/2012) (jfe) (Entered: 05/17/2012)
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii) that all of the Plaintiff's claims against the defendant that has appeared are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order. (Signed by Judge Alvin K. Hellerstein on 5/16/2012) (jfe) (Entered: 05/17/2012)
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rule of Civil Procedure 41 (a)(l)(A)(ii) that all of the Plaintiff's claims against the defendant that has appeared are hereby dismissed with prejudice and without costs to any party. This action has been resolved and has not been dismissed previously by Court Order. (Signed by Judge Alvin K. Hellerstein on 5/15/2012) (jfe) (Entered: 05/15/2012)
VOLUNTARY DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, all of cases listed on the attached Schedule A are hereby voluntarily withdrawn and discontinued with prejudice against all remaining defendants. This dismissal is without costs at to any party. (Signed by Judge Alvin K. Hellerstein on 5/11/2012) (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(jfe) (Entered: 05/15/2012)
ORDER OF DISMISSING CASES: On March 16, 2012, Plaintiffs' counsel Worby Groner Edelman & Napoli Bern, LLP moved to dismiss 8,559 cases from the above-captioned master calendars. Defendants in the 21 MC 102 master calendar objected, agreeing that the 8,559 cases should be dismissed, but contending that approximately 276 additional claims should also be terminated. Defendants point out that these additional 276 claims were included in a prior "Notice of Withdrawal of All Claims" ("Notice"), filed by Worby Groner on December 31, 2011. Because defendants do not object to the dismissal of the 8,559 claims, I order them dismissed. Regarding the 276 additional claims, the Notice in which they were included was filed in this Court for the purpose of meeting obligations necessary to participate in the reopened Victims Compensation Fund ("VCF"), pursuant to the James Zadroga Act. Air Transportation Safety and System Stabilization Act, 49 U.S.C. § 40101 Note, Tit. IV § 405(c)(3)(C)(iii). I did not endorse, approve, or deny this Notice. Rule 41(a), Fed. R. Civ. P., provides that a plaintiff may only dismiss a claim without a court order if the opposing party has not filed an answer, or if the stipulation of dismissal is signed by all parties. This was not the case with the Notice, and thus it did not function as a dismissal. If defendants believe any of these 276 additional cases should be dismissed for reasons relevant to this litigation, they may make a motion to do so. The clerk shall close the docket numbers of all cases on Schedule A. ENDORSEMENT: To be read left motion of 3/16/12, endorsed by Order 5/11/12. (Signed by Judge Alvin K. Hellerstein on 5/11/2012) (jfe) (Entered: 05/15/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from David L. Kremen dated 3/16/2012 re: Counsel respectfully submits this letter in connection with their 3/9/12 motion to voluntarily dismiss certain plaintiffs' claims pursuant to F.R.C.P. 412(a)(2). Counsel requests that this letter be accepted in lieu of a formal declaration amending Exhibit B so as to include Ms. Stone's case (10cv06966) and that her case is dismisses along with the other cases listed in Exhibit B to the motion. ENDORSEMENT: Denied without prejudice. Proceed by motion. (Signed by Judge Alvin K. Hellerstein on 5/15/2012) (jfe) (Entered: 05/15/2012)
MEMO ENDORSEMENT: granting 4259 Motion. ENDORSEMENT: Motion Granted, without opposition. The cases are dismissed. The Clerk shall close the relevant files.(ORIGINAL ENTRY ON 12MC102 #4317) (Signed by Judge Alvin K. Hellerstein on 5/09/2012) (ama) (Entered: 05/10/2012)
ORDER SETTING ORAL ARGUMENT:Oral argument will be held in the above-captioned matter, regarding the Port Authority'S Motion for Summary Judgment Dismissing Complaints for Lack of Subject Matter Jurisdiction, on May 30, 2012 at 2:30pm., ( Oral Argument set for 5/30/2012 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/8/2012) (lmb) (Entered: 05/09/2012)
ORDER ADJOURNING STATUS CONFERENCE:The status conference in the 21 MC 100 master calendar scheduled for May 14, 2012 is adjourned to May 23, 2012 at 4:00 p.m. in Courtroom 14D., ( Status Conference set for 5/23/2012 at 04:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/8/2012) (lmb) (Entered: 05/09/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTIONS proceeding held on 10/18/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/08/2012)
TRANSCRIPT of Proceedings re: Motions held on 10/18/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly) (Entered: 05/08/2012)
MEMO ENDORSED ON notice of motion for relief dismissal of all claims and other related relief. ENDORSEMENT: So Ordered without Opposition. (Signed by Judge Alvin K. Hellerstein on 5/4/2012) (js) (Entered: 05/04/2012)
ORDER REMANDING REMOVED CASE TO STATE COURT: Thecase is remanded back to New York State Supreme Court. The clerk shall close the 12 Civ. 2744 docket (Signed by Judge Alvin K. Hellerstein on 5/4/2012) (js) (Entered: 05/04/2012)
STIPULATION OF DISMISSAL OF CERTAIN DEFENDANTS AND EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of these actions, the claims of the above-referenced plaintiff are hereby dismissed with prejudice as against defendants listed on Addendum A without costs to either party as against the other. A list of the remaining defendants in this case is attached as Addendum C. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned, that plaintiff's time to respond to defendants' Motion for Summary Judgment filed on April 6, 2012 (Dkt. 2803), is hereby extended until Friday, April 27, 2012, and defendants' reply submissions in further support of defendants' Motion for Summary Judgment will be submitted on or before Friday, May 11, 2012. (Signed by Judge Alvin K. Hellerstein on 5/3/2012) (mro) (Entered: 05/03/2012)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REPLY to Response to Motion re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). REPLY TO DOC. 2809, THE AFFIDAVIT OF JOEL M. LUTWIN, ESQ. IN OPPOSITION TO MARION S. MISHKIN LAW OFFICE'S REQUEST FOR AN AWARD OF COUNSEL FEES AND EXPENSES. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Fensterstock, Blair) Modified on 5/3/2012 (ldi). (Entered: 05/02/2012)
DECLARATION of Christopher R. LoPalo re: 2813 Counter Statement to Rule 56.1, 2812 Declaration in Opposition to Motion, 2811 Memorandum of Law in Opposition to Motion. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 04/27/2012)
DECLARATION of Christopher R. LoPalo in Opposition re: 2803 MOTION for Summary Judgment on Behalf of Certain Contractor Defendants.. Document filed by Plaintiffs Liaison Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(LoPalo, Christopher) (Entered: 04/27/2012)
MEMORANDUM OF LAW in Opposition re: 2803 MOTION for Summary Judgment on Behalf of Certain Contractor Defendants.. Document filed by Plaintiffs Liaison Counsel. (LoPalo, Christopher) (Entered: 04/27/2012)
AFFIDAVIT of JOEL M. LUTWIN, ESQ. in Opposition re: 2739 Notice (Other), 2740 Declaration in Support, 2741 Memorandum of Law in Support,. Document filed by Salvatore Sferrazza. (Lutwin, Joel) (Entered: 04/25/2012)
REPLY MEMORANDUM OF LAW in Support re: 2747 MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]). MOTION to Authorize the Filing of Documents in Hard Copy Form (relating to Application in Support of Request for Order Awarding Counsel Fees and Expenses [ECF/Pacer No. 2739, 2740, 2741]).. Document filed by Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases). (Attachments: # 1 Affidavit Affidavit of Blair C. Fensterstock and Exhibit 1)(Fensterstock, Blair) (Entered: 04/13/2012)
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from James E. Tyrrell, Jr., Esq. and Paul J. Napoli, Esq. dated 3/30/2012 re: Counsels jointly write regarding a discovery dispute in the cases filed after the April 12, 2010 deadline to participate in the Final Settlement Agreement between Plaintiffs and the Insureds of the WTC Captive Insurance Company, Inc. ENDORSEMENT: Defendants may move on April 16, 2012 to dismiss any case (or other appropriate sanction) in all cases where a plaintiff has failed to discharge his discovery obligations as defined by my order of January 18, 2912. See R. 37, 41, F.R.C.P. (Signed by Judge Alvin K. Hellerstein on 4/4/2012) (ft) (Entered: 04/05/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/20/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/29/2012)
TRANSCRIPT of Proceedings re: Conference held on 3/20/2012 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.(McGuirk, Kelly) (Entered: 03/29/2012)
NOTICE OF APPEARANCE by Eugene David Kublanovsky on behalf of marion s. mishkin, marion s. mishkin(Of Counsel Notice of Appearance to Sacks & Sacks), marion s. mishkin("Of Counsel" Notice of Appearance to Sacks & Sacks in annexed cases), marion s. mishkin (Kublanovsky, Eugene) (Entered: 03/29/2012)
NOTICE OF APPEARANCE by Blair Courtney Fensterstock on behalf of Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases) (Fensterstock, Blair) (Entered: 03/29/2012)
NOTICE OF APPEARANCE by Michael Theodore Phillips, II on behalf of Marion S. Mishkin(Plaintiffs' Liaison Counse Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: 21 MC 100 Bodily Injury, Non-Respiratory, Non-Ingestion Cases), Marion S. Mishkin(Plaintiffs' Liaison Counsel: Bodily Injury, Non-Respiratory, Non Ingestion Cases) (Phillips, Michael) (Entered: 03/29/2012)
MEMO ENDORSEMENT granting 2769 Motion to Dismiss: No oppositions having been filed, the motion is granted, except as noted below. The parties shall submit stipulations set out in paragraphs 3 and 4 which shall identify such parties, if any, who remain in the lawsuits, for me to "so order." (Signed by Judge Alvin K. Hellerstein on 3/27/2012) (lmb) (Entered: 03/27/2012)
ORDER REGULATING DISCOVERY (CMO 2012 #1): By March 31, 2012 Cantor Fitzgerald shall produce to American Airlines all books and records relating to damages naturally and probably flowing from the destruction of Cantor Fitzgerald's property in the terrorist attacks of September 11, 2001. Cantor Fitzgerald may proceed to take the depositions of those American Airlines employees and former employees specified during the status conference, limited to the matters specified in the conference. It may also take the deposition of the one FAA employee specified during the conference, and must comply with the rule established by United States ex reL. Touhy v. Ragen, 340 U.S. 462 (1951). Fact Discovery due by 6/8/2012. Status Conference set for 6/20/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 3/21/2012) (ft) (Entered: 03/22/2012)
ORDER SUMMARIZING STATUS CONFERENCE OF 3/20/12 AND SETTING DISCOVERY AND NEXT CONFERENCE DATES: The Opt-Out Plaintiffs - Discovery on all remaining opt-out cases shall be completed by June 30, 2012. The Court will hold a status conference to discuss the progress of this discovery and next steps (including possible Daubert motions) for these cases on May 14, 2012, at 4:00 p.m., in Courtroom 14D. Suits Filed Against the City After the April 12, 2010 Eligibility Date Provided by the Settlement Process Agreement, As Amended - By April 23, 2012, these Plaintiffs shall provide Defendants' Liaison Counsel with personally-signed HIPAA Medical Record Authorization forms. Discovery for these cases shall be completed by August 31, 2012. The Court will hold a status conference to discuss the progress of discovery and next steps for these cases on July 24, 2012, at 2:30 p.m., in Courtroom 14D. (Discovery due by 8/31/2012. Status Conference set for 7/24/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/21/2012) (ab) (Entered: 03/21/2012)
STIPULATION OF DISCONTINUANCE AS TO DEFENDANT PHILLIPS AND JORDAN INC. ONLY FOR THE CASES LISTED IN THE ATTACHED EXHIBIT A: It is hereby stipulated and agreed by and between the undersigned for the parties in the cases listed in the attached Exhibit A by and against defendant Phillips & Jordan Inc. only as to claims being made as to the premises located at Fresh Kills Landfill, Staten Island, New York for the cases listed in the attached exhibit shall be and the same hereby are discontinued with prejudice without costs to any party as against the other, So Ordered (Signed by Judge Alvin K. Hellerstein on 3/19/2012) (js) (Entered: 03/20/2012)
ORDER OPENING STATUS CONFERENCE TO ALL COUNSEL AND THE PUBLIC: On March 20, 2012 at 2:30 p.m. I will hold a status conference in the above captioned matter. This conference was originally to be held in chambers with liaison counsel only. It will now be held in Courtroom 14D, open to all counsel and the public. ( Status Conference set for 3/20/2012 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/20/2012) (js) (Entered: 03/20/2012)
STIPULATION DISCONTINUING ACTION: The action is is discontinued with prejudice, without costs to any party as against each other, and an Order to that effect may be entered without further Notice. (Signed by Judge Alvin K. Hellerstein on 3/16/2012) (ab) (Entered: 03/16/2012)
DECLARATION of Christopher R. LoPalo in Support re: 2774 MOTION to Dismiss CERTAIN PLAINTIFFS' CLAIMS.. Document filed by Plaintiffs Liaison Counsel. (Attachments: # 1 Exhibit 2)(LoPalo, Christopher) (Entered: 03/16/2012)
MEMORANDUM OF LAW in Support re: 2788 MOTION for Partial Summary Judgment Notice of Motion for Partial Summary Judgment Dismissing Plaintiff Richard Prager's Orthopedic Injury Claims.. Document filed by The Port Authority of New York & New Jersey. (Berry, Jill) (Entered: 03/15/2012)
MOTION for Partial Summary Judgment Notice of Motion for Partial Summary Judgment Dismissing Plaintiff Richard Prager's Orthopedic Injury Claims. Document filed by The Port Authority of New York & New Jersey.(Berry, Jill) (Entered: 03/15/2012)
DECLARATION of David L. Kremen in Support re: 2786 MOTION dismissal of all claims and other related relief.. Document filed by various plaintiffs represented by Oshman & Mirisola, LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kremen, David) (Entered: 03/09/2012)
MOTION dismissal of all claims and other related relief. Document filed by various plaintiffs represented by Oshman & Mirisola, LLP.(Kremen, David) (Entered: 03/09/2012)
OMNIBUS ORDER: It is hereby ORDERED, that OCME is permitted to remove and examine WTC material contained in and on any and all WTC Artifacts for which OCME deems removal and examination of WTC material appropriate, including but not limited to those WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, those currently contained in the collection of the NS11MM or donated to or procured by the NS11MM in the future, and those in the possession of other museums, and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public, and it is further ORDERED, that any recipient of WTC Artifacts made the subject of this Court's Omnibus Order dated July 7, 2009 and designated on PANYNJ Artifact Request List, the NS11MM, and other museums and cultural, educational or governmental/municipal entities intending to display or exhibit WTC Artifacts to the public ("Recipient Organization"), may conduct cleaning of said Artifacts so that they are free from WTC material, and it is further ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of any remaining WTC Artifacts currently located at John F. Kennedy International Airport, Hangar 17 to any requesting Recipient Organization, and it is further ORDERED, that the Recipient Organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the Recipient Organization and the Port Authority. (Signed by Judge Alvin K. Hellerstein on 3/5/2012) (lmb) (Entered: 03/05/2012)
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