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12-1865 - CSX Transportation, Inc. v. Emjay Environmental Recycling, Ltd.


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12-1865 - CSX Transportation, Inc. v. Emjay Environmental Recycling, Ltd.
March 25, 2013
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MEMORANDUM & ORDER granting 13 Motion to Dismiss for Failure to State a Claim. Plaintiff's motion to dismiss the counterclaim is GRANTED, and Defendant's counterclaim is DISMISSED. However, the Second Circuit has stated that "the court should not dismiss without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Accordingly, the Court grants Defendant leave to amend its counterclaim to address the pleading defects articulated herein. If Defendant wishes to file an amended counterclaim, it must do so on or before April 22, 2013. So Ordered by Judge Joanna Seybert on 3/25/2013. C/ECF (Valle, Christine)
August 20, 2014
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MEMORANDUM & ORDER granting 56 Motion for Summary Judgment; denying 57 Motion to Dismiss for Lack of Jurisdiction; denying 57 Motion for Summary Judgment. For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED, and Defendant's motion for summary judgment is DENIED. The Clerk of the Court is directed to enter judgment in accordance with this Memorandum and Order and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 8/20/2014. C/ECF (Valle, Christine)
February 25, 2016
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MEMORANDUM & ORDER granting 81 Motion to Enforce Judgment; finding as moot 87 Motion to Compel; The Court orders Island Rail Terminal, Inc., Maggio Sanitation Service, Inc., and Eastern Resource Recycling, Inc. to turn over $1,056,444.15 to Plaintiff CSX Transportation, Inc. to satisfy the Judgment. (Docket Entry 81.) If the amounts under the Settlement Order have already been distributed, CSX may apply to the Court for a judgment. CSX's application for attorney's fees is DENIED. CSX's motion to extend the duration of its levy is DISMISSED AS MOOT. (Docket Entry 87.) The Clerk of the Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 2/25/2016. C/ECF (Valle, Christine)
November 2, 2016
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MEMORANDUM & ORDER granting 92 Motion to Compel; denying 93 Motion for Reconsideration; The Garnishees' motion for reconsideration of the Turnover Order (Docket Entry 93) is DENIED, and CSX's motion to enforce a $1,056,444.15 judgment against the Garnishees (Docket Entry 92) is GRANTED. The Clerk of the Court is respectfully directed to amend the judgment as follows: Plaintiff is awarded damages in the amount of $1,056,444.15 against Island Rail Terminal, Inc., Maggio Sanitation Service, Inc., and Eastern Resource Recycling, Inc., and this case remains CLOSED. So Ordered by Judge Joanna Seybert on 11/2/2016. C/ECF (Valle, Christine)