CM/ECF LIVE - U.S. District Court - NYND https://ecf.nynd.uscourts.gov/cgi-bin/DktRpt.pl?448414032902...

CLOSED

U.S. District Court

Northern District of New York - Main Office (Syracuse) [LIVE - Version 4.0.3]
(Plattsburgh)
CIVIL DOCKET FOR CASE #: 8:10-cv-00058-GTS-DRH

Process Products, Inc. v. Bombardier, Inc. et al Date Filed: 01/15/2010

Assigned to: Judge Glenn T. Suddaby Date Terminated: 08/27/2010
Referred to: Magistrate Judge David R. Homer Jury Demand: Defendant
Demand: $3,300,000 Nature of Suit: 190 Contract: Other
Cause: 28:1332 Diversity-Contract Dispute Jurisdiction: Diversity
Plaintiff
Process Products, Inc. represented by Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany
Office
677 Broadway
10th Floor
Albany, NY 12207
518-427-2650
Fax: 866-947-0687
Email: DHurteau@nixonpeabody.com
ATTORNEY TO BE NOTICED

Mark A. Molloy
Nixon, Peabody Law Firm - Buffalo
Office
Key Towers at Fountain Plaza
40 Fountain Plaza
Suite 500
Buffalo, NY 14202
716-853-8100
Fax: 716-853-8109
Email: MMolloy@nixonpeabody.com
ATTORNEY TO BE NOTICED

Sheldon K. Smith
Nixon, Peabody Law Firm - Buffalo
Office
Key Towers at Fountain Plaza
40 Fountain Plaza
Suite 500
Buffalo, NY 14202

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716-853-8100
Fax: 716-853-8109
Email: sksmith@nixonpeabody.com
ATTORNEY TO BE NOTICED

V.
Defendant
Bombardier, Inc. represented by George M. Melo
Wilson, Elser Law Firm - White Plains
3 Gannett Drive
White Plains, NY 10604
914-323-7000
Fax: 914-323-7001
Email: george.melo@wilsonelser.com
ATTORNEY TO BE NOTICED

Defendant
Bombardier Transportation Canada represented by George M. Melo
Inc. (See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/15/2010 1 COMPLAINT against Bombardier Transportation Canada Inc., Bombardier, Inc.
(Filing fee $350 receipt number 1478380) filed by Process Products, Inc..
(Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(mgh) Modified
on 1/20/2010 to correct the receipt number. (jmb) (Entered: 01/19/2010)
01/15/2010 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Process Products,
Inc. (mgh) (Entered: 01/19/2010)
01/19/2010 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/25/2010 09:30
AM in Albany before Magistrate Judge David R. Homer. Civil Case
Management Plan due by 5/17/2010. (mgh) Modified on 1/19/2010 (mgh).
(Entered: 01/19/2010)
01/19/2010 CLERK'S CORRECTION OF DOCKET ENTRY re 3 G.O. 25 Filing Order.
Modified the text of the docket entry to reflect the correct date of the Initial
Conference which is May 25, 2010 at 9:30 AM. (mgh) (Entered: 01/19/2010)
01/19/2010 4 Summons Issued as to Bombardier Transportation Canada Inc., Bombardier, Inc.
(Attachments: # 1 Summons Issued as to Bombardier Transportation Canada
Inc.)(mgh) (Entered: 01/19/2010)

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01/20/2010 Set Deadlines/Hearings: Civil Case Management Plan due by 5/17/2010. Initial
Conference set for 5/25/2010 09:30 AM in Albany before Magistrate Judge
David R. Homer. (mgh) (Entered: 01/20/2010)
01/20/2010 CLERK'S CORRECTION OF DOCKET ENTRY re Set Deadlines/Hearings:
Deadlines have been modified to set the Initial Conference date and the due date
for the Case Management Plan. (mgh) (Entered: 01/20/2010)
01/25/2010 5 NOTICE of Admission Requirement for attorney Sheldon K. Smith. Admissions
due by 2/24/2010. (mgh) (Entered: 01/25/2010)
03/03/2010 6 AFFIDAVIT of Service for Summons and Complaint, Pltf's Rule 7.1 Corp.
Disclosure, GO 25 Packet pursuant to NYS BCL Section 307 served on
Bombardier Transportation Canada, Inc. on February 22, 2010, filed by Process
Products, Inc.. (Hurteau, Daniel) (Entered: 03/03/2010)
03/03/2010 7 AFFIDAVIT of Service for Summons and Complaint, Pltf's Rule 7.1 Corp.
Disclosure, GO25 Packet Personally served on Bombardier Transportation
Canada, Inc. on January 28, 2010, filed by Process Products, Inc.. (Hurteau,
Daniel) (Entered: 03/03/2010)
03/03/2010 8 AFFIDAVIT of Service for Summons and Complaint, Rule 7.1 Corp.
Disclosure, GO25 Packet pursuant to NYS BCL section 306 served on
Bombardier, Inc. on January 25, 2010, filed by Process Products, Inc.. (Hurteau,
Daniel) (Entered: 03/03/2010)
03/03/2010 9 AFFIDAVIT of Service for Summons and Complaint, Pltf's Rule 7.1 Corp.
Disclosure, GO25 Packet Personally served on Bombardier, Inc. on January 28,
2010, filed by Process Products, Inc.. (Hurteau, Daniel) (Entered: 03/03/2010)
03/10/2010 10 STIPULATION TO EXTEND TIME TO ANSWER (on consent) by Bombardier
Transportation Canada Inc., Bombardier, Inc. submitted to Judge Glenn T.
Suddaby / Magistrate David R. Homer. (Tobin, Thomas) (Entered: 03/10/2010)
03/11/2010 11 ORDER EXTENDING TIME TO ANSWER. Answer due date updated for
Bombardier Transportation Canada Inc. (answer due 4/12/2010) and
Bombardier, Inc. (answer due 4/12/2010) Signed by Magistrate Judge David R.
Homer on 3/11/2010. (dpk) (Entered: 03/11/2010)
03/15/2010 12 NOTICE of Appearance by Sheldon K. Smith on behalf of Process Products,
Inc. (Smith, Sheldon) (Entered: 03/15/2010)
03/19/2010 13 AFFIDAVIT of Service for Summons and Complaint, General Order 25, Rule
7.1 Corp. Disclosure Statement served on Bombardier Inc. on 2/17/2010, filed
by Process Products, Inc.. (Smith, Sheldon) (Entered: 03/19/2010)
03/19/2010 14 AFFIDAVIT of Service for Summons and Complaint, General Order 25, 7.1
Corp. Disclosure Statement (service under Hague Convention) served on
Bombardier Transportation Canada Inc. on 2/17/2010, filed by Process Products,
Inc.. (Smith, Sheldon) (Entered: 03/19/2010)

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04/12/2010 15 Defendant Bombardier Inc.'s ANSWER to 1 Complaint, filed April 12, 2010 by
Bombardier, Inc..(Melo, George) (Entered: 04/12/2010)
04/12/2010 16 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bombardier, Inc..
(Melo, George) (Entered: 04/12/2010)
04/12/2010 17 Defendant Bombardier Transportation Canada Inc.'s ANSWER to 1 Complaint,
filed April 12, 2010 by Bombardier Transportation Canada Inc..(Melo, George)
(Entered: 04/12/2010)
04/12/2010 18 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bombardier
Transportation Canada Inc.. (Melo, George) (Entered: 04/12/2010)
04/13/2010 19 AFFIDAVIT of Service for Answer, Jury Demand & Rule 7.1 Disclosure of
Bombardier Inc. served on Plaintiff via Plaintiff's Counsel on April 12, 2010,
filed by Bombardier, Inc.. (Melo, George) (Entered: 04/13/2010)
04/13/2010 20 AFFIDAVIT of Service for Answer, Jury Demand & Rule 7.1 Disclosure by
Bombardier Transportation Canada Inc. served on Plaintiff via Plaintiff's
Counsel on April 12, 2010, filed by Bombardier Transportation Canada Inc..
(Melo, George) (Entered: 04/13/2010)
05/18/2010 21 Letter Motion from Sheldon K. Smith, Esq. for Process Products, Inc. requesting
a one month adjournment of the Rule 16 Conference currently scheduled for
May 25, 2010 submitted to Judge Hon. David R. Homer. (Smith, Sheldon)
(Entered: 05/18/2010)
05/21/2010 TEXT ORDER re 21 Letter Motion from Sheldon K. Smith, Esq. The Rule 16
Scheduling Conference previously set for 5/25/2010 is RESCHEDULED to
JUNE 30, 2010 at 9:30 AM. The conference will be held by telephone and the
court will initiate the conference call. The Civil Case Management Plan shall be
e-filed on or before 6/24/2010. Signed by Magistrate Judge David R. Homer on
05/21/2010. (lah, ) (Entered: 05/21/2010)
06/24/2010 22 CIVIL CASE MANAGEMENT PLAN by Process Products, Inc.. (Attachments:
# 1 Certificate of Service)(Smith, Sheldon) (Entered: 06/24/2010)
06/30/2010 Minute Entry for proceedings held before Magistrate Judge David R. Homer. A
Rule Conference was held on 6/30/2010 with Sheldon Smith for plaintiff and
George Melo for defendants. Pretrial deadlines were established and a
scheduling order will be entered. A telephone mid-discovery conference will be
held on 12/13/2010 at 9:00 a.m. (lah, ) (Entered: 07/07/2010)
07/07/2010 TEXT NOTICE. A Telephone Mid-Discovery Status Conference will be held on
DECEMBER 13, 2010 at 9:00 AM. The court will initiate the conference call.
(lah, ) (Entered: 07/07/2010)
07/07/2010 23 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5
Days. No Trial Date Set. Joinder of Parties due by 9/15/2010. Amended
Pleadings due by 10/15/2010. Discovery due by 5/31/2011. Motions to be filed

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by 6/15/2011. Deadline for completion of mediation is 10/1/2010. Signed by

Magistrate Judge David R. Homer on 7/7/2010. (mab) (Entered: 07/07/2010)
07/23/2010 24 NOTICE of Settlement (Letter to Magistrate Judge David R. Homer advising
parties have reached a settlement in this action) by Process Products, Inc.
(Smith, Sheldon) (Entered: 07/23/2010)
07/26/2010 25 ORDER re 24 Notice of Settlement filed by Process Products, Inc. Request that
the Case Management Schedule, including the ADR Schedule, be held in
abeyance for 45 days is DENIED. Signed by Magistrate Judge David R. Homer
on 7/26/2010. (dpk) (Entered: 07/26/2010)
08/25/2010 26 STIPULATION of Dismissal by Process Products, Inc. submitted to Judge
David R. Homer. (Smith, Sheldon) (Entered: 08/25/2010)
08/27/2010 27 ORDER DISMISSING CASE. ORDERED that the settlement is approved and
that this case be, and the same hereby is, DISMISSED on the merits. Signed by
Magistrate Judge David R. Homer on 8/27/2010. (dpk) (Entered: 08/27/2010)

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