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05-926 - County of Oswego Industrial Development Agency v. Fulton Cogeneration Associates, L.P. et al


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05-926 - County of Oswego Industrial Development Agency v. Fulton Cogeneration Associates, L.P. et al
March 22, 2006
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ORDER granting 30 Motion for TRO. ORDERED that plaintiff is awarded an order of attachment relating to the claims and rights of defendant Fulton Cogeneration Associates, LP. in litigation pending in New York Supreme Court, County of Oswego, captioned Fulton Cogeneration Associates, LP. v. The New York Chocolate and Confections Company, Index No 1185/05 and any debts owed to defendant Fulton Cogeneration Associates, LP., in connection therewith; that plaintiff shall file an undertaking in the amount of $50,000 within 5 business days of the date of this order. Signed by Judge Norman A. Mordue on 3/22/06. (jlm)
July 11, 2006
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ORDER TO SHOW CAUSE WITH TEMPORARY STAY OF ACTION : show cause hearing set for 7/21/06 at 3:00 PM, to show cause why an Order should not be issued granting the motion of Hancock&Estabrook, LLP to withdraw as attorneys for defendant Fulton Congeneration Associates, Lions Capital Management, Fimab, Promeneur&Hausmann; all proceedings in this action are stayed, and the temporary restraining order of June 20, 2006 is extended and modified by the June 26, 2006 Letter Request "So Ordered" by this Court, and shall remain in full force and effect. Service of the Order to Show Cause shall occur by 7/12/06 to be deemed good and sufficient service. Any response to the motion shall be filed by 7/19/06. Signed by Judge Norman A. Mordue on 7/11/06. (jmb)
October 13, 2006
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ORDER: The stay of proceedings granted in 55 Order to Show Cause dtd 7/11/06 is lifted. The temporary restraining order in the Order to Show Cause of June 20, 2006 (as extended and modified by the 6/26/06 Letter Request "So Ordered" by this Court on June 27, 2006 (Dkt. No. 51)), shall remain in full force and effect. The briefing schedule for plaintiff's 6/16/06 motion (Dkt. #45) is as follows: All papers in opposition to the motion shall be filed on or before 10/30/06. Any reply papers shall by filed on or before 11/10/06. The motion will be decided on the papers with no oral argument (as will the fully-briefed motion(Dkt. No. 18) by defendants, El Paso Merchant Energy Petroleum Company and ANR Venture Fulton Company to dismiss the amended complaint). Signed by Judge Norman A. Mordue on 10/13/06. (dmf)
March 9, 2007
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ORDER granting 45 Motion for TRO and denying the 70 Cross-Motion. Signed by Judge Norman A. Mordue on 3/9/07. (jlr)
March 9, 2007
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AMENDED ORDER of ATTACHMENT. Signed by Judge Norman A. Mordue on 3/9/07. (jlr/am)
March 19, 2007
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ORDER denying the 18 Motion to Dismiss. Signed by Judge Norman A. Mordue on 3/19/07. (jlr/am)
January 28, 2008
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FOURTH AMENDED ORDER OF ATTACHMENT: granting Motions # 125, 126 and 130; to modify the Order of Attachment to permit the Sheriff or his designees to take certain steps to remove hazardous chemicals from the cogeneration facility and to take any other reasonable actions to safeguard the equipment at the cogeneration facility. The amount to be secured by this Fourth Amended Order of Attachment is $4,721,849.40 and any interest, costs and sheriff's fees and expenses. Further Ordered that the undertaking previously filed with the Court in the amount of $50,000.00 is approved. Upon service of this Fourth Amended Order of Attachment, defendant Fulton Cogeneration Associates, L.P., is restrained from assigning, disposing of, encumbering or secreting the attached property/debts, the additional attached property and any other property located at the facility. The Sheriff of any county in the State of New York is directed to levy the attached property/debts, as well as inventory the additional attached property after it is levied as directed herein in accordance with the CPLR sections noted. The garnishee's statement required by CPLR 6219 shall be served on the sheriff within 10 days of this Fourth Amended Order of Attachment. Signed by Judge Norman A. Mordue on 1/28/2008. {Served} (jmb)
January 29, 2008
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ORDER: granting the # 113 Emergency MOTION for Temporary Restraining Order for an Order Extending Plaintiff's Time to Commence a Special Proceeding and the time to commence a special proceeding is further extended for 90 days from the date of this Order or until further Order of the Court. Any dispositive motions in this action shall be made within 30 days from the date of this Order. The Court will not consider a request to extend the 30 days period for making a dispositive motion unless the request is filed prior to expiration of the 30 day period and good cause is shown. Signed by Judge Norman A. Mordue on 1/29/2008. (jmb)
September 8, 2008
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ORDER granting the 152 Motion for TRO and granting the 160 Letter Request autonrizing the sale of certain property. Signed by Chief Judge Norman A. Mordue on 9/8/08. (jlr/am)
April 3, 2009
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MEMORANDUM-DECISION AND ORDER: Ordered that plaintiff's # 136 MOTION for Summary Judgment is granted against defendants Fulton Cogeneration Associates, LP., Lions Capital Mangement, LLC, a/k/a Lion Capital Management, LLC, and Fimab, Promeneur&Hausmann, Inc. only. Further Ordered that decision is reserved as to the remaining defendants El Paso Merchant Energy-Petroleum Company, and ANR Venture Fulton Company. Signed by Chief Judge Norman A. Mordue on 4/3/2009. (mae)
April 8, 2009
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JUDGMENT: be entered in favor of plaintiff and against defendants Fulton Cogeneration Associates, L.P.; Lions Capital Management, LLC; and Fimab, Promeneur&Hausmann, Inc. pursuant to the Memorandum Decision and Order entered on April 3, 2009 by the Honorable Chief Judge Norman A. Mordue. (dmf)
July 16, 2009
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MEMORANDUM-DECISION AND ORDER: The # 176 Motion for attorneys' fees and costs is Granted and Plaintiff shall recover $271,636.00 in attorneys' fees and costs of $521,162.99. Further Ordered that Plaintiff's # 136 Motion for Summary Judgment against the two remaining defendants ANR Venture Fulton Company and El Paso Merchant Energy-Petroleum Company is Granted. Plaintiff shall recover the sum of $4,728,799.08 plus interest from 3/31/2005, plus attorneys' fees and costs. It is further Ordered that Defendants # 142 Cross Motion for Summary Judgment is Granted in that they are awarded indemnification in the sum of $649,428.90 on the cross claim against Lions Capital Management, LLC and Fimab, Promeneur&Hausmann, Inc. Signed by Chief Judge Norman A. Mordue on 7/16/2009. Judgment shall be entered and amend the # 174 Judgment. (mae)
March 12, 2010
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JUDGMENT on Attorney Fees. Pursuant to the # 192 Memorandum-Decision and Order of Chief Judge Mordue, Plaintiff is awarded attorney's fees in the amount of $16,775.50 and costs of $1,396.19. (mae)