United States of America v. Precision Consulting, Inc. et al
| New York Eastern District Court | |
| Judge: | Raymond J Dearie |
| Referred: | Peggy Kuo |
| Case #: | 2:20-cv-01794 |
| Nature of Suit | 893 Other Statutes - Environmental Matters |
| Cause | 33:1365 Environmental Matters |
| Case Filed: | Apr 14, 2020 |
| Terminated: | Mar 16, 2021 |
| Last checked: Sunday Oct 11, 2020 5:38 AM EDT |
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Defendant
Wayne Gladney
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Defendant
Precision Consulting, Inc.
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Plaintiff
United States of America
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Represented By
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| Docket last updated: 10 hours ago |
| Tuesday, March 16, 2021 | ||
| 31 | 31
order
Judgment
Tue 03/16 6:36 PM
JUDGMENT Of Contempt: IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered against defendants in the amount of $173,500, for contempt sanctions incurred by defendants, jointly and severally, between September 15, 2020 and March 9, 2021. This is a final judgment as to the contempt sanctions incurred by defendants between September 15, 2020 and March 9, 2021, and shall take effect immediately upon entry by the Clerk of Court. SO Ordered by Judge Raymond J. Dearie on 3/16/2021. (Tavarez, Jennifer) |
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order
Judgment - Default
Tue 03/16 6:14 PM
DEFAULT JUDGMENT PURSUANT TO FED. R. CIV. P. 55 AND ORDER OF PERMANENT INJUNCTION: It is hereby ORDERED AND ADJUDGED that judgment by default be entered against defendants, in favor of the United States, pursuant to Fed. R. Civ. P. 55, permanently enjoining defendants, their agents and employees from: a. performing any contracting work involving lead-based paint activities until they can demonstrate compliance with TSCA; b. performing any abatements, renovations or other work involving the disturbance of lead-based paint until they can demonstrate compliance with TSCA; and c. advertising any lead-based paint abatement or renovation services until they can demonstrate compliance with TSCA; and that this case is hereby closed. SO Ordered by Judge Raymond J. Dearie on 3/16/2021. (Tavarez, Jennifer) Modified on 3/16/2021 (Tavarez, Jennifer) |
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order
Order on Motion for Default Judgment
Tue 03/16 6:18 PM
ORDER granting27 Motion for Default Judgment pursuant to30 Default Judgment. SO Ordered by Judge Raymond J. Dearie on 3/16/2021. (Tavarez, Jennifer) |
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| Thursday, March 11, 2021 | ||
| 29 | 29
misc
Declaration
Thu 03/11 10:36 AM
DECLARATION re27 First MOTION for Default Judgment against defendants Declaration of Service on Defendants by United States of America (Priore, Shana) |
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| Tuesday, March 09, 2021 | ||
| 28 | 28
misc
Letter
Tue 03/09 11:25 AM
Letter to the Honorable Raymond J. Dearie, requesting that the Court endorse the enclosed proposed judgment directing the Clerk to enter judgment in the amount of $173,500 against defendants by United States of America (Priore, Shana) |
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Att: 1
Proposed Judgment regarding sanctions
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| 27 | 27
motion
Default Judgment
Tue 03/09 11:23 AM
First MOTION for Default Judgment against defendants by United States of America. (Priore, Shana) |
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Att: 1
Memorandum in Support,
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Att: 2
Proposed Judgment
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| Tuesday, January 12, 2021 | ||
| 26 | 26
order
Clerks Entry of Default
Tue 01/12 12:45 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Wayne Gladney, Precision Consulting, Inc. has failed to appear or otherwise defend this action, the default of defendant Wayne Gladney, Precision Consulting, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
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| Thursday, January 07, 2021 | ||
| 25 | 25
misc
Request for Certificate of Default
Thu 01/07 1:48 PM
Request for Certificate of Default by United States of America (Priore, Shana) |
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Att: 1
Motion for Default to Clerk,
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Att: 2
Clerk's Certificate of Default,
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Att: 3
Declaration of Shana C. Priore in Support of Motion for Default,
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Att: 4
Exhibit A - Transcript of Hearing 7/7/20
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| Thursday, September 10, 2020 | ||
| 24 | 24
service
Affidavit of Service
Thu 09/10 3:34 PM
AFFIDAVIT of Service for Court Order dated September 10, 2020 (Docket Entry No. 23) served on Defendants on 9/10/2020, filed by United States of America. (Silverman, Matthew) |
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| 23 | 23
order
Order(Other)
Thu 09/10 12:22 PM
ORDER: The Court imposes the following coercive sanction on Defendants, jointly and severally, commencing Tuesday, September 15, 2020, and remaining in effect until Defendants fully comply with the directives in the Court's preliminary injunction: $100 for the first day of non-compliance, which doubles each day of non-compliance, up to the point of $1,000. If the sanction reaches $1,000, coercive sanctions will continue to accrue at the rate of $1,000 per day of non-compliance. The Government is directed to serve Mr. Gladney by all available means by close of business today. (See Order for details) SO Ordered by Judge Raymond J. Dearie on 9/10/2020. (Tavarez, Jennifer) |
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| Wednesday, September 09, 2020 | ||
| 22 | 22
misc
Status Report
Wed 09/09 4:00 PM
STATUS REPORT Regarding Defendants' Non-Compliance With the Court's September 2, 2020 Contempt Order by United States of America (Silverman, Matthew) |
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Att: 1
Exhibit Letter Exhibits A through D
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| Friday, September 04, 2020 | ||
| 21 | 21
service
Affidavit of Service
Fri 09/04 11:47 AM
AFFIDAVIT of Service for Court's September 2, 2020 Order (Docket Entry No. 19) served on All Defendants on September 3, 2020, filed by United States of America. (Silverman, Matthew) |
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Att: 1
Fed Ex Information
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| 20 | 20
notice
Notice of Appearance
Fri 09/04 9:53 AM
NOTICE of Appearance by Matthew Silverman on behalf of All Plaintiffs (aty to be noticed) (Silverman, Matthew) |
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| Wednesday, September 02, 2020 | ||
| 19 | 19
order
Order(Other)
Wed 09/02 9:42 AM
ORDER: The Court reiterates that Defendants' persistent non-responsiveness and non-compliance is most unwelcomed. The Defendants are in contempt of the Court's Preliminary Injunction and if not remedied by September 8, 2020, coercive financial sanctions in an amount to be determined will begin to accrue. Defendants are once again directed to fulfill their outstanding obligations under the Order, including promptly providing the Government with their answer to the complaint, responses to the First Discovery Requests, and any and all documentation reflecting the hiring of sub-contractors to perform abatements and/or renovations. Defendant Gladney is further directed to provide financial affidavits on behalf of himself and Precision Consulting by September 8, 2020 at 12:00pm EST. SO Ordered by Judge Raymond J. Dearie on 9/2/2020. (Tavarez, Jennifer) |
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| Tuesday, September 01, 2020 | ||
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minutes
Show Cause Hearing
Wed 09/02 10:58 AM
Minute Entry for Telephonic Order To Show Cause Hearing held on 9/1/2020 before Judge Raymond J. Dearie. AUSA Shana Priore appears telephonically as counsel for plaintiff. Pro Se defendant Wayne Gladney failed to appear. Hearing held. Defendants Wayne Gladney and Precision Consulting, Inc. are in contempt. Financial sanctions will be imposed. Defendant Gladney is directed to file a sworn financial affidavit on behalf of himself and Precision Consulting. An Order will issue. (Court Reporter Charleane Heading.) (Mulqueen, Ellen) |
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| Tuesday, August 25, 2020 | ||
| 18 | 18
misc
Affidavit/Affirmation
Tue 08/25 1:09 PM
AFFIDAVIT/AFFIRMATION re17 Order on Motion for Order to Show Cause,,,,,,, Proof of Service of Order to Show Cause, Contempt Letter, Priore Declaration w Exhibits and Ellis Declaration on Wayne Gladney by United States of America (Priore, Shana) |
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| Friday, August 14, 2020 | ||
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2
pgs
order
Order on Motion to Show Cause Order to Show Cause
Fri 08/14 11:04 AM
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Defendants shall appear telephonically, (Dial In Phone Number: 571-353-2300; Access Code: 934666753) unless directed otherwise, before the Honorable Raymond J. Dearie, United States District Judge, on the 1st day of September, 2020, at 10:00am to show cause why they should not be held in contempt of Court for failing to comply with the Courts July 8, 2020 Order14 . A copy of this Order to Show Cause, letter motion for contempt, and Ellis and Priore Declarations shall be served upon Defendants, on or before August 21, 2020; and Within 5 days of service upon Defendants of a copy of this Order to Show Cause, Plaintiff's letter motion, and Ellis and Priore Declarations, Defendants shall file and serve on the United States any written opposition to the motion for contempt supported by appropriate affidavits. (See Order for details) SO Ordered by Judge Raymond J. Dearie on 8/14/2020. (Tavarez, Jennifer) |
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| Thursday, August 13, 2020 | ||
| 16 | 16
motion
Show Cause
Thu 08/13 2:14 PM
First MOTION for Order to Show Cause compelling defendants to show cause why they should not be held in civil contempt for failure to comply with the Court's July 8 2020 Order by United States of America. (Priore, Shana) |
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Att: 1
Declaration of Shana Priore,
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Att: 2
Declaration of Demian Ellis,
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Att: 3
Affidavit of Service of Complaint,
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Att: 4
Exhibit A to Priore Dec,
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Att: 5
Exhibit B to Priore Dec,
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Att: 6
Exhibit C to Priore Dec,
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Att: 7
Exhibit D to Priore Dec,
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Att: 8
Exhibit E to Priore Dec,
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Att: 9
Exhibit F to Priore Dec,
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Att: 10
Exhibit G to Priore Dec,
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Att: 11
Exhibit H to Priore Dec,
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Att: 12
Exhibit I to Priore Dec,
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Att: 13
Exhibit J to Priore Dec,
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Att: 14
Exhibit K to Priore Dec,
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Att: 15
Exhibit L to Priore Dec,
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Att: 16
Exhibit M to Priore Dec,
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Att: 17
Exhibit N to Priore Dec,
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Att: 18
Exhibit O to Priore Dec,
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Att: 19
Exhibit P to Priore Dec,
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Att: 20
Proposed Order Proposed Order to Show Cause
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| Friday, July 10, 2020 | ||
| 15 | 15
misc
Letter
Fri 07/10 5:10 PM
Letter to the Honorable Raymond J. Dearie regarding defendants' violation of the Court's July 8, 2020 Order by United States of America (Priore, Shana) |
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Att: 1
Exhibit A - Gladney Email,
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Att: 2
Exhibit B - Website Screenshot,
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Att: 3
Exhibit C - Priore Email
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| Wednesday, July 08, 2020 | ||
| 14 | 14
3
pgs
order
Order on Motion for Preliminary Injunction
Wed 07/08 2:50 PM
ORDER for Preliminary Injunction. So Ordered by Judge Raymond J. Dearie on 7/8/2020 at 2:00 p.m. (Lee, Tiffeny) |
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| Tuesday, July 07, 2020 | ||
| 13 | 13
misc
Transcript
Tue 07/07 9:29 AM
TRANSCRIPT of Proceedings held on June 10, 2020, before Judge Kuo. Court Transcriber: Transcription Plus II, Inc. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/28/2020. Redacted Transcript Deadline set for 8/7/2020. Release of Transcript Restriction set for 10/5/2020. (Rocco, Christine) |
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minutes
Evidentiary Hearing
Thu 07/09 9:47 AM
Minute Entry for Evidentiary Hearing held before Judge Raymond J. Dearie on 7/7/2020. Case called for Telephonic Preliminary Injunction Hearing. AUSA Shana Priore appears as counsel for plaintiff. No appearance for defendant Precision Consulting, Inc. Defendant Wayne Gladney appears Pro Se. All parties appear telephonically. Mr. Gladney advises Court that defendant Precision Consulting, Inc. does not have counsel. Court: Precision Consulting, Inc. is in default. AUSA Priore calls 1st witness: Demian Ellis. Witness sworn and examined by AUSA Priore. No cross by Mr. Gladney. Following government exhibits offered without objection and received into evidence: A, B, C and E. AUSA Priore advises that she has no further witnesses. Mr. Gladney advises Court that he would like to testify. Mr. Gladney sworn and testifies. Crossed by AUSA Priore. Closing remarks heard. Court: Preliminary Injunctive Relief Granted. Rulings rendered on record. Hearing concluded. Government counsel directed to submit a proposed order. (Court Reporter Sophie Nolan.) (Mulqueen, Ellen) |
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| Wednesday, June 24, 2020 | ||
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order
Order(Other)
Wed 06/24 6:34 PM
ELECTRONIC ORDER: A telephonic evidentiary hearing on Plaintiff's motion for a preliminary injunction is scheduled for July 7, 2020 at 10:00 AM before Judge Raymond J. Dearie. The toll-free number is 888-684-8852 and the access code is 3850449. Defendants are notified that failure to appear at the hearing may result in the imposition of a preliminary injunction against them pursuant to 15 U.S.C. Section 2616(a)(1)(A)-(B) and Federal Rule of Civil Procedure 65. Defendant Precision Consulting, Inc., may only appear through licensed counsel. Plaintiff's counsel is directed to send a copy of this electronic order to Defendants. So Ordered by Judge Raymond J. Dearie on 6/24/2020. (Bakst, Laura) |
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| Wednesday, June 10, 2020 | ||
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minutes
Telephone Conference ~Util - Set Deadlines
Wed 06/10 3:15 PM
Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephone status conference was held on June 10, 2020 . Attorney Shana Priore appeared on behalf of Plaintiff. Defendant Wayne Gladney appeared on his own behalf pro se . The Court informed Mr. Gladney that Defendant Precision Consulting, Inc., may only appear through licensed counsel, and that he may not represent the company. Mr. Gladney was also informed that if Precision Consulting does not retain counsel, it may be found in default, meaning that all of Plaintiff's allegations against it will be deemed admitted. The parties discussed the document requests and interrogatories that Plaintiff sent to Mr. Gladney. The Court explained that Mr. Gladney must respond to the interrogatory questions truthfully and to the best of his ability and that Mr. Gladney must turn over all documents responsive to Plaintiff's requests that are in his possession or control. If Mr. Gladney has any questions about Plaintiff's discovery requests, he should speak to Ms. Priore. Mr. Gladney must respond to Plainitff's discovery requests by June 22, 2020 . If Mr. Gladney has any documents requests or interrogatories to be served on Plaintiff, he must send or email them to Plaintiff by June 22, 2020 . The parties also discussed the allegations in the Complaint and Plaintiff's motion for a preliminary injunction. Plaintiff is directed to send copies of the Complaint and the motion to Mr. Gladney via email. Mr. Gladney is directed to answer the Complaint and respond to the preliminary injunction motion by June 22, 2020 . Plaintiff's counsel is directed to send a copy of this Minute Entry to Mr. Gladney, along with the telephone number and access code for the evidentiary hearing on July 7, 2020 before Judge Dearie. (FTR Log #10:04-10:21am.)(Rand, Matthew) |
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| Wednesday, May 27, 2020 | ||
| 11 | 11
order
Scheduling Order
Wed 05/27 10:32 AM
SCHEDULING ORDER: Telephonic Evidentiary Hearing set for 7/7/2020 at 10:00 AM before Judge Raymond J. Dearie. Parties are directed to call toll free number 888-684-8852 access code: 3850449. So Ordered by Judge Raymond J. Dearie on 5/27/2020. (Tavarez, Jennifer) |
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| Friday, May 22, 2020 | ||
| 10 | 10
misc
Status Report
Fri 05/22 11:51 AM
STATUS REPORT to the Honorable Raymond J. Dearie by United States of America (Priore, Shana) |
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Att: 1
Exhibit A-B
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| Friday, May 15, 2020 | ||
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minutes
Pretrial Conference - Initial Order on Motion for Discovery 1 - Terminate Deadlines and Hearings
Fri 05/15 5:08 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 4/29/2020. Attorney Shana Priore appeared on behalf of plaintiff. Stuart Keith and Demian Ellis of the Environmental Protection Agency were also present. No appearance on behalf of defendants. Plaintiff's counsel informed the Court that she had previous contact with defendant Wayne Gladney and that Mr. Gladney was made aware of the initial conference. The9 Letter request for expedited discovery is so-ordered. The deadline for Plaintiff to serve document requests and interrogatories on Mr. Gladney is May 22, 2020. The deadline for Defendant Gladney to respond to the document requests and interrogatories is June 22, 2020. A Telephone Status Conference is scheduled for June 10, 2020 at 10:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. If Defendant Gladney continues not to be represented by counsel, he must personally participate in the telephone conference. At that time, he will be informed of his obligations in this litigation. Plaintiff's counsel is directed to send a copy of this Minute Entry to Defendants and inform them of the new conference date.(FTR Log: 11:09 11:18)(O'Neil-Berven, Ryan) |
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| Wednesday, May 13, 2020 | ||
| 9 | 9
misc
Letter
Wed 05/13 8:12 PM
Letter regarding status of case and proposing expedited discovery schedule by United States of America (Priore, Shana) |
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| Tuesday, May 05, 2020 | ||
| 8 | 8
service
Summons Returned Executed
Tue 05/05 2:14 PM
SUMMONS Returned Executed by United States of America. Wayne Gladney served on 4/22/2020, answer due 5/13/2020. (Priore, Shana) |
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| Wednesday, April 29, 2020 | ||
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minutes
Pretrial Conference - Initial ~Util - Set Deadlines/Hearings
Wed 04/29 2:20 PM
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 4/29/2020. Attorney Shana Priore appeared on behalf of plaintiff. Stuart Keith and Demian Ellis of the Environmental Protection Agency were also present. No appearance behalf of defendants. Plaintiffs counsel informed the Court that defendant Gladney was served in the last one or two days, and that an affidavit of service will be filed on the docket. The Initial Conference is rescheduled to May 15, 2020 at 11:00 a.m. before Magistrate Judge Peggy Kuo The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Plaintiff is directed to send a copy of this Minute Entry and Order to Defendants and inform them of the new conference date. Defendant Precision Consulting, Inc. is advised through this order that a corporation may not appear in this Court except through licensed counsel; failure to appear through counsel may result in default being entered against a corporate entity. Defendant Wayne Gladney may represent himself or appear through counsel. (FTR Log 10:39-10:46) (O'Neil-Berven, Ryan) |
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| Wednesday, April 15, 2020 | ||
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order
Scheduling Order
Wed 04/15 1:50 PM
SCHEDULING ORDER: An Initial Conference will be held in this case on April 29, 2020 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Counsel must be fully prepared to discuss deadlines for discovery as outlined in a Proposed Discovery Plan, a PDF version of which may be found at: [LINK:https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf] Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiffs counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/15/2020. (O'Neil-Berven, Ryan) |
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| Tuesday, April 14, 2020 | ||
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misc
Proposed Summons/Civil Cover Sheet
Tue 04/14 1:31 PM
Civil Cover Sheet.. Re1 Complaint, by United States of America (Priore, Shana) |
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| 5 | 5
motion
Preliminary Injunction
Tue 04/14 11:50 AM
First MOTION for Preliminary Injunction by United States of America. (Priore, Shana) |
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Att: 1
Declaration of Demian Ellis
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| 4 | 4
service
Summons Issued
Tue 04/14 10:48 AM
Summons Issued as to Wayne Gladney, Precision Consulting, Inc. (Rodin, Deanna) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Tue 04/14 10:45 AM
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) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Tue 04/14 10:10 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Rodin, Deanna) |
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Att: 1
(4/14/2020) Additional Corrections
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| 1 | 1
cmp
Complaint
Tue 04/14 10:04 AM
COMPLAINT against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by United States of America. (Priore, Shana) Modified on 4/14/2020 (Rodin, Deanna) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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utility
Case Assigned/Reassigned
Tue 04/14 10:44 AM
Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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) |
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utility
Case Assigned/Reassigned
Tue 04/14 1:46 PM
Case Randomly Reassigned to Judge Raymond J. Dearie and Magistrate Judge Peggy Kuo. Judge Joan M. Azrack, Magistrate Judge Arlene R. Lindsay no longer assigned to the case. (See Doc. Number 6 for correct civil cover sheet.) 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. (Brown, Marc) |
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order
Order(Other)
Tue 04/14 3:31 PM
ORDER re5 First MOTION for Preliminary Injunction filed by United States of America. The Court orders expedited discovery under the supervision of Magistrate Judge Kuo. The parties are directed to file a status report with the Court thirty days from the date that service is effectuated. So Ordered by Judge Raymond J. Dearie on 4/14/2020. (Bakst, Laura) |
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