County of Suffolk v. United States of America

Consolidated
Lead case: 2:18-mn-02873

South Carolina District Court
Judge:	Richard M Gergel
Case #:	2:19-cv-01181
Nature of Suit	893 Other Statutes - Environmental Matters
Cause	42:6901 Resource & Recovery Act

Case Filed:	Apr 23, 2019
Case in other court:	New York Eastern, 2:19-cv-00906

Docket
Parties (2)

Last checked: Sunday Oct 20, 2019 5:34 AM EDT

Defendant United States of America	Represented By Dara A Olds United States Attorney'S Office contact info Matthew Silverman United States Attorney'S Office, Edny contact info
Plaintiff County of Suffolk	Represented By Brian A. Lacoff Stagg, Terenzi, Confusione & Wabnik, LLP contact info Thomas Edward Stagg Stagg, Terenzi, Confusione & Wabnik, LLP contact info Andrew Scott Kazin Stagg, Terenzi, Confusione & Wabnik LLP contact info

Docket last updated: 05/18/2025 11:59 PM EDT

Friday, November 17, 2023
44		44 order Order on Motion to Withdraw as Attorney Fri 11/17 10:44 AM TEXT ORDER This Order Relates to Case Nos. as referenced granting 4033 (in case 2:18-mn-02873-RMG; (282) in case 2:18-cv-03358-RMG; (127) in case 2:18-cv-03435-RMG; (116) in case 2:19-cv-01022-RMG; (53) in case 2:19-cv-01119-RMG; (44) in case 2:19-cv-01120-RMG; (43) in case 2:19-cv-01181-RMG; (48) in case 2:19-cv-01217-RMG; (81) in case 2:19-cv-01223-RMG; (123) in case 2:19-cv-01724-RMG; (70) in case 2:19-cv-02187-RMG; (61) in case 2:19-cv-02607-RMG; (30) in case 2:19-cv-03288-RMG; (31) in case 2:19-cv-03290-RMG; (23) in case 2:20-cv-02030-RMG; (105) in case 2:20-cv-02115-RMG) Motion to Withdraw Geoffrey Cook as Attorney for listed plaintiffs. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/17/2023.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Thursday, November 16, 2023
43		43 motion Withdraw as Attorney Thu 11/16 12:06 PM MOTION to Withdraw as Attorney by United States of America, United States Air Force, United States Department of Defense, United States of America, United States Fairchild AFB, United States, United States Air Force, United States of America, United States Air National Guard Bureau, United States Department of the Air Force, The. Response to Motion due by 11/30/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Cook, Geoffrey) Related: [-]
Monday, March 13, 2023
		order Order on Motion to Withdraw as Attorney Mon 03/13 10:02 AM TEXT ORDER This Order Relates to: The Court grants 2895 (in case 2:18-mn-02873-RMG; (279) in case 2:18-cv-03358-RMG; (124) in case 2:18-cv-03435-RMG; (113) in case 2:19-cv-01022-RMG; (46) in case 2:19-cv-01119-RMG; (41) in case 2:19-cv-01120-RMG; (40) in case 2:19-cv-01181-RMG; (45) in case 2:19-cv-01217-RMG; (78) in case 2:19-cv-01223-RMG; (120) in case 2:19-cv-01724-RMG; (67) in case 2:19-cv-02187-RMG; (27) in case 2:19-cv-03288-RMG; (28) in case 2:19-cv-03290-RMG) Motion for Mr. Frederick G. Hall to Withdraw as Counsel for the United States and as a Member of the Defendants' Coordination Committee. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/13/2023.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Wednesday, March 08, 2023
40		40 motion Withdraw as Attorney Wed 03/08 10:29 AM MOTION to Withdraw as Attorney and from Membership on DCC by Federal Aviation Administration, USA, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB. Response to Motion due by 3/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Hall, Frederick) Related: [-]
Thursday, March 03, 2022
		order Order on Motion to Withdraw as Attorney Thu 03/03 12:35 PM TEXT ORDER granting the motion to withdraw William James Quinn as attorney of record for the United States (Dkt. No. 2204 in case 2:18-mn-02873-RMG; (274) in case 2:18-cv-03358-RMG; (120) in case 2:18-cv-03435-RMG; (110) in case 2:19-cv-01022-RMG; (43) in case 2:19-cv-01119-RMG; (38) in case 2:19-cv-01120-RMG; (37) in case 2:19-cv-01181-RMG; (42) in case 2:19-cv-01217-RMG; (75) in case 2:19-cv-01223-RMG; (115) in case 2:19-cv-01724-RMG; (64) in case 2:19-cv-02187-RMG; (58) in case 2:19-cv-02607-RMG; (24) in case 2:19-cv-03288-RMG; (25) in case 2:19-cv-03290-RMG; (20) in case 2:20-cv-02030-RMG; (94) in case 2:20-cv-02115-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Wednesday, March 02, 2022
37		37 motion Withdraw as Attorney Wed 03/02 3:35 PM MOTION to Withdraw as Attorney William J. Quinn by United States of America. Response to Motion due by 3/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Quinn, William) Related: [-]
Tuesday, February 23, 2021
31		31 notice Notice of Appearance Tue 02/23 6:36 PM NOTICE of Appearance by Timothy B Walthall on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Walthall, Timothy) Associated Cases: 2:18-mn-02873-RMG et al. Clerk refiled correctly in management case, and spread to applicable member cases as listed on document (to create attorney/party association for USA and USA agencies), per Judge's filing instructions in CMO No 1 . (sshe, ) Modified to original document number (in 2:18-mn-02873-RMG) on 2/23/2021 (sshe, ) Related: [-]
Wednesday, January 27, 2021
30		30 notice Notice Other Wed 01/27 8:19 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. In light of the most recent CMO No. 6.D filed 1/26/2021 at 1128 , please be reminded that the new shell case number for direct-filed cases related to the AFFF MDL is now 2:21-av-55555. Please file the Complaint (Civil cover sheet need not be filed), and counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach pages which include the additional defendants' names (and addresses per CMO NO. 6, 6.A, 6.B, 6.C, 6.D re Alternative For Service of Process on a Defendant ). Counsel should e-file, as an attachment to the complaint (or forward in one complete PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov). Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Friday, December 11, 2020
29		29 notice Notice of Appearance Fri 12/11 7:02 PM NOTICE of Appearance by Jacqueline Liat Rome on behalf of Chemguard Inc, Tyco Fire Products LP Associated Cases: 2:18-mn-02873-RMG et al.(Rome, Jacqueline) Related: [-]
Friday, September 25, 2020
27		27 notice Notice Other Fri 09/25 10:08 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. The clerk will be issuing the summons(es) in a timely manner for all amended complaints filed. Due to the volume of amended complaints filed most recently, the clerk will be issuing the summons(es) as follows. Upon receipt of the NEF for the Summons Issued event, please print or download the filed one-page document with the PDF header included, showing the date of issue and civil case (member) number. Insert this dated, signed and sealed document in front of the first page of your prepared summons document, including your supplemental pages, to use for service on defendants. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Wednesday, September 02, 2020
26		26 notice Notice Other Wed 09/02 4:31 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised to disregard entry filed at Dkt. No. 797 (in 2:18-mn-02873-RMG) et al Notice of Appearance. This filing was spread incorrectly to ALL cases . Please note filing instructions per CMO No. 1 regarding correctly spreading if the document relates to all actions or relates only to particular action(s) . Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
25		25 notice Notice of Appearance Wed 09/02 10:11 AM NOTICE of Appearance by Allen Leland DuPre on behalf of Finley Fire Equipment Co Associated Cases: 2:18-mn-02873-RMG et al.(DuPre, Allen) Related: [-]
Friday, June 19, 2020
24		24 notice Notice of Appearance Fri 06/19 11:03 AM NOTICE of Appearance by Michele S Greif on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Greif, Michele) Associated Cases: 2:18-mn-02873-RMG et al. Refiled correctly in management case to spread to applicable member case(s) , per Judge's filing instructions, and to create attorney/party association for attorney filing user for the member cases as listed on document(sshe, ) Related: [-]
Thursday, June 18, 2020
23		23 notice Notice of Appearance Thu 06/18 1:38 PM NOTICE of Appearance by Christina T Natale on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The Associated Cases: 2:18-mn-02873-RMG et al.(Natale, Christina) Related: [-]
Friday, February 14, 2020
22		22 notice Notice of Appearance Fri 02/14 11:24 AM NOTICE of Appearance by David Jonathan Hammack on behalf of Federal Aviation Administration, USA, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB Associated Cases: 2:18-mn-02873-RMG et al.(Hammack, David) Related: [-]
Tuesday, February 04, 2020
21		21 notice Notice Other Tue 02/04 1:16 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised that all counsel are directed to choose the event Certificate of Service for any proofs of service Related [+] to be filed. Do not choose any other event (Acceptance of Service Complaint Served, Summons Returned Executed-Complaint Served(or as to USA-Complaint Served)(or Unexecuted), Waiver of Service, etc.). ONLY choose the event Certificate of Service for any returns to be filed. Prepare a cover page or notice of filing (main document) including the member case number, case caption, a brief statement as to what is being filed, and the attorney filing user's s/attorney typed name or digital signature, and attach the proof of service document. File the Certificate of Service event in the applicable member case only . Please call the Clerk's office with any questions or concerns. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-] turns
Thursday, January 02, 2020
20		20 notice Notice Other Thu 01/02 2:57 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised that the new shell case number for direct-filed cases related to the AFFF MDL is now 2: 20 -av-55555. Please file the Complaint (Civil cover sheets need not be filed), and counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach a page which includes the additional defendants' names (and addresses per CMO NO. 6 re Alternative For Service of Process on a Defendant). Counsel may e-file, as an attachment to the complaint or Forward in PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Wednesday, December 18, 2019
19		19 notice Notice Other Wed 12/18 11:30 AM NOTICE ADDENDUM TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. In addition to counsel preparing and submitting all proposed orders in Word document format via email to chambers at gergel_ecf@scd.uscourts.gov, please include the master MDL docket entry number of the motion filed (and spread to applicable member case(s)) in 2:18-mn-02873-RMG to which the proposed order relates. Please reference within the proposed order in Word document format as well as the subject line of the email to chambers. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
18		18 notice Notice Other Wed 12/18 10:33 AM NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. SECOND NOTICE regarding Counsel should prepare and submit all proposed orders in Word document format via email to chambers at gergel_ecf@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Tuesday, December 10, 2019
17		17 notice Notice of Appearance Tue 12/10 2:56 PM NOTICE of Appearance by Frederick G Hall on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB Associated Cases: 2:18-mn-02873-RMG et al.(Hall, Frederick) Related: [-]
Friday, October 18, 2019
16		16 notice Notice Other Fri 10/18 2:25 PM NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. SECOND NOTICE RE Counsel need only submit one summons document AO 440 form, when necessary, to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach a page which includes the additional defendants' names (and addresses per CMO NO. 6 re Alternative For Service of Process on a Defendant). Do not e-file. Forward in PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Friday, October 04, 2019
15		15 notice Notice Other Fri 10/04 12:45 PM CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. An AMENDED COMPLAINT is to be filed in the member case only . When this document adds new defendant parties not currently listed as a party on the member case docket, the attorney filing user is to add each New Party, at the time of filing. ECF will prompt with "Please select the party that this filing is against "; the attorney filing user should choose to add each New Party and Select the Party at that time. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Tuesday, October 01, 2019
14		14 notice Notice Other Tue 10/01 11:16 AM NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Reply briefs are discouraged in the District of South Carolina, and any reply brief shall be submitted within seven (7) days of service of the responsive brief. Local Rule 7.07 D.S.C. Absent specific extenuating circumstances, the Court will not grant a motion, opposed or on consent, for an extension to file a reply brief. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Tuesday, August 06, 2019
13		13 notice Notice Other Tue 08/06 6:14 PM NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Counsel should prepare and submit a proposed order in Word document format for any Motion to Withdraw as Attorney via email to chambers at gergel_ecf@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Monday, May 13, 2019
12		12 notice Notice Other Mon 05/13 1:04 PM NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 Any plaintiff whose case would be subject to transfer to the AFFF MDL proceedings may file his or her case directly in the District of South Carolina, in accordance with Paragraphs 25 through 29 of CMO 3. The shell case number for cases related to the AFFF MDL is 2:19-av-55555 . Please file the new complaint into this shell case and file as attachments Answers to LR 26.01 Interrogatories and a Summons (to be issued). The complaint will be assigned a new civil action number. Civil cover sheets need not be filed for cases directly filed in the AFFF MDL. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) Related: [-]
Wednesday, April 24, 2019
11		11 misc MDL Member Case Opened Wed 04/24 1:32 PM MDL MEMBER CASE OPENED: New York Eastern, 2:19-cv-00906, County of Suffolk v. United States of America, as DSC case 2:19-cv-1181-RMG. NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified re Case Management Orders and other documents posted in the lead case by Liaison Counsel. CMO Nos. 1 - 2 govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. NOTICE of Hearing: Next Status Conference set for 5/17/2019 9:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. See the District Court's website containing information on the MDL at[LINK:MDL-2873] (sshe, ) Related: [-]
10		10 transfer Case Transferred In - District Transfer Wed 04/24 1:21 PM Case transferred in from District of New York Eastern; Case Number 2:19-cv-00906. Original file certified copy of transfer order and docket sheet received. Related: [-]
Tuesday, April 23, 2019
9		9 Certified JPMDL Conditional Transfer Order (CTO-7): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. � 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. (Florio, Lisa) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
		Case transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Florio, Lisa) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Tuesday, April 16, 2019
8		8 NOTICE of Appearance by Dara A Olds on behalf of United States of America (aty to be noticed) (Olds, Dara) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Monday, April 08, 2019
7		7 JPMDL Conditional Transfer Order (CTO-7): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. � 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the District of South Carolina. (Florio, Lisa) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Thursday, March 28, 2019
6		6 NOTICE of Appearance by Matthew Silverman on behalf of United States of America (aty to be noticed) (Silverman, Matthew) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Friday, February 22, 2019
		NOTICE of Hearing: Initial Conference set for 6/24/2019 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon defendant(s) and file proof of such service with the Court. c/ECF. (Disbrow, Sandra) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Wednesday, February 20, 2019
5		5 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Tirado, Chelsea) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Tuesday, February 19, 2019
4		4 Proposed Summons. Re1 Complaint, by County of Suffolk (Stagg, Thomas) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
3		3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
2		2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
		Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
		Proposed summons is rejected; the section that reads "To: (Defendant's name and address)" has not been completed, the address is missing; the Clerk's Office cannot issue the summons. Counsel is advised to submit a completed proposed summons using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
Thursday, February 14, 2019
1		1 COMPLAINT against United States of America filing fee $ 400, receipt number ANYEDC-11201956 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by County of Suffolk. (Stagg, Thomas) [Transferred from New York Eastern on 4/24/2019.] Related: [-]
		Att: 1 Proposed Summons,
		Att: 2 Civil Cover Sheet

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