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Case TitleCarmody & Torrance v. Defense Contract Mgmt Agency et al
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2011cv01738
Date Filed2011-11-09
Date Closed2014-03-17
JudgeJudge Janet C. Hall
PlaintiffCarmody & Torrance LLP
DefendantDefense Contract Mgmt Agency
DefendantDepartment of Defense United States
DefendantSikorsky Aircraft Corp
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [90]
FOIA Project Annotation: A federal court in Connecticut has ruled that the Defense Contract Management Agency conducted an adequate search for records concerning the cancellation and settlement of a contract with Sikorsky and Boeing that included continued manufacture of the Comanche Helicopter in Bridgeport at site leased by Sikorsky from DiNardo Seaside Tower and has approved of most of the redactions made under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). Sikorsky and Boeing were awarded a contract by the Army in 2000 to manufacture the Comanche Helicopter. In anticipation of the contract, Sikorsky renewed a terminated contract for manufacturing space with DiNardo. DCMA administered the contract, which was terminated by the Army in 2004. As part of the settlement, the contract was modified to include a $7 million payment for the Bridgeport site. The law firm of Carmody & Torrance, representing DiNardo in a state action, filed a FOIA request with DCMA for documents about the contract settlement and its consequences for the Bridgeport site. DCMA found 60 payment vouchers and referred the request to Defense Contract Audit Agency, which located an additional 241 pages. DCMA ultimately disclosed 75 pages heavily redacted under Exemption 4 and Exemption 6. Carmody argued not only that the search was inadequate, but the agency's prolonged response time was a per se violation of FOIA. District Court Judge Janet Hall rejected the timeliness argument. She noted instead that "while the long unexplained delays present here dismay this court, Carmody's statutory remedy is the instant suit. The decision not to file suit immediately following the lapse of any exhaustion requirementâ€"perhaps in the hope of catching more flies with honey than vinegarâ€"cannot transform repeated delays on the agency's part prior to filing suit into a basis to order discovery." Finding the agency's search was adequate, Hall pointed out that "Carmody's assertion that, given the settlement amount DCMA must have in its possession more responsive documents pertaining to the [Bridgeport site] is mere speculation and is insufficient to rebut the presumption of good faith to which agency affidavits are entitled." Carmody argued further that the records released referred to other records not produced. But Hall observed that "it is true a requester like Carmody will rarely, if ever, be in a position to prove the existence of other responsive records in the agency's possession. Mere reference, however, to documents not produced is insufficient to undermine the adequacy of DCMA's search, where, as here, that adequacy is supported by reasonably detailed, nonconclusory declarations by responsible agency personnel." Hall then found Sikorsky faced actual competition. She noted that "while the information in the instant case is scarcely recent, it does not appear to be obsolete or valueless to Sikorsky's competitors. Disclosure of such information would likely give competitors advantages in future bids against Sikorsky." After conducting an in camera review, Hall indicated that while the bulk of the Exemption 4 claims were appropriate, there were several portions of records that were not protected. She then approved of the agency's withholding of identifying information about low-level employees. She noted that "the public interest in this case is negligible or nonexistent. Carmody's own need for the information in connection with the State Court Action is immaterial to the public's interest in government accountability under FOIA."
Issues: Adequacy - Search, Exemption 4 - Confidential business information
Opinion/Order [97]
FOIA Project Annotation: The court dismissed Carmody & Torrance's motion for attorney's fees after finding the plaintiff was not entitled to fees because it had a commercial interest in the litigation because the information was relevant only to its representation of a client and because there was no public interest in the information disclosed.
Issues: Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Commercial interest
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-11-091COMPLAINT against All Defendants ( Filing fee $350 receipt number 0205-2299764.), filed by Carmody & Torrance. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rooney, J.) (Entered: 11/09/2011)
2011-11-092NOTICE of Appearance by J. Christopher Rooney on behalf of Carmody & Torrance (Rooney, J.) (Entered: 11/09/2011)
2011-11-09Request for Clerk to issue summons as to All Defendants. (Rooney, J.) (Entered: 11/09/2011)
2011-11-093NOTICE of Appearance by Kurtis Z. Piantek on behalf of Carmody & Torrance (Piantek, Kurtis) (Entered: 11/09/2011)
2011-11-09Judge Christopher F. Droney added. (Malone, P.) (Entered: 11/09/2011)
2011-11-094ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Christopher F. Droney on 11/9/2011. (Gothers, M.) (Entered: 11/10/2011)
2011-11-105NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint filed by Carmody & Torrance LLP, 4 Electronic Filing Order, 2 Notice of Appearance filed by Carmody & Torrance LLP, 3 Notice of Appearance filed by Carmody & Torrance LLP. Signed by Clerk on 11/9/2011. (Gothers, M.) (Entered: 11/10/2011)
2011-11-106ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense, Defense Contract Mgmt Agency* with answer to complaint due within *21* days. Attorney *Kurtis Z. Piantek* *Carmody & Torrance - New Haven* * 195 Church St. 18th floor, PO Box 1950* *New Haven, CT 06509-1950*. (Gothers, M.) (Entered: 11/10/2011)
2011-11-227SUMMONS Returned Executed by Carmody & Torrance LLP. USA served on 11/11/2011, answer due 1/10/2012. (Piantek, Kurtis) (Entered: 11/22/2011)
2011-11-228ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense, Defense Contract Mgmt Agency* with answer to complaint due within *30* days. Attorney *J. Christopher Rooney* *Carmody & Torrance* *195 Church St. - 18th Fl* *New Haven, CT 06510*. (Johnson, D.) (Entered: 11/22/2011)
2011-12-089NOTICE of Appearance by Lisa E. Perkins on behalf of Department of Defense, Defense Contract Mgmt Agency (Perkins, Lisa) (Entered: 12/08/2011)
2011-12-0810Consent MOTION for Extension of Time until March 5, 2012 to Answer or Otherwise Respond to Complaint 1 Complaint by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 12/08/2011)
2011-12-1211ENTERED IN ERROR..SUMMONS Returned Executed by Carmody & Torrance LLP. USA served on 12/5/2011, answer due 2/3/2012. (Piantek, Kurtis) Modified on 12/19/2011 - redocketed using correct event (Gothers, M.). (Entered: 12/12/2011)
2011-12-1212SUMMONS Returned Executed by Carmody & Torrance LLP. USA served on 12/5/2011, answer due 1/4/2012. (Gothers, M.) (Entered: 12/19/2011)
2011-12-2113ORDER OF TRANSFER. Case reassigned to Judge Robert N. Chatigny for all further proceedings. Signed by Clerk on 12/21/11. (Johnson, D.) (Entered: 12/21/2011)
2011-12-2314ORDER granting 10 Motion for Extension of Time. Defendants have until 3/5/2012 to answer or otherwise respond to the complaint. Signed by Judge Robert N. Chatigny on 12/23/2011. (Ratakonda, M) (Entered: 12/23/2011)
2011-12-23Answer deadline updated for Department of Defense to 3/5/2012; Defense Contract Mgmt Agency to 3/5/2012. (Glynn, T.) (Entered: 12/27/2011)
2012-02-2815Consent MOTION for Extension of Time until April 16, 2012 Answer or Respond to Complaint 1 Complaint by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 02/28/2012)
2012-02-2916ORDER granting 15 Motion for Extension of Time to 4/16/2012 to answer or otherwise respond to plaintiff's complaint. Signed by Judge Robert N. Chatigny on 2/29/2012. (Rickevicius, L.) (Entered: 02/29/2012)
2012-02-29Answer deadline updated for Department of Defense to 4/16/2012; Defense Contract Mgmt Agency to 4/16/2012. (Rickevicius, L.) (Entered: 02/29/2012)
2012-04-1317Consent MOTION for Extension of Time until April 26, 2012 to Answer or Otherwise Respond to Complaint 1 Complaint by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 04/13/2012)
2012-04-1618ORDER granting 17 Motion for Extension of Time. Defendants have until 4/26/12 to answer or otherwise respond to the complaint. Signed by Judge Robert N. Chatigny on 4/16/12. (Ratakonda, M) (Entered: 04/16/2012)
2012-04-16Answer deadline updated for Department of Defense to 4/26/2012; Defense Contract Mgmt Agency to 4/26/2012. (Glynn, T.) (Entered: 04/17/2012)
2012-04-2619ANSWER to 1 Complaint with Affirmative Defenses by Department of Defense, Defense Contract Mgmt Agency.(Perkins, Lisa) (Entered: 04/26/2012)
2013-07-1220NOTICE TO PLAINTIFF re DISMISSAL. Signed by Judge Robert N. Chatigny on 7/11/13.(Glynn, T.) (Entered: 07/15/2013)
2013-07-3021ORDER: Please see attached prefiling conference request. Plaintiff may file the motion for summary judgment on or before 8/6/2013 without a prefiling conference. Signed by Judge Robert N. Chatigny on 7/30/2013.(Rickevicius, L.) (Entered: 07/30/2013)
2013-07-30Set Deadlines: Dispositive Motions due by 8/6/2013. (Rickevicius, L.) (Entered: 07/30/2013)
2013-07-3122MOTION for Extension of Time until Sixty days from filing date for filing response to plaintiff's motion for summary judgment and filing cross-motion for summary judgment 21 Order by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 07/31/2013)
2013-07-3123MOTION for Summary Judgment (Partial) by Carmody & Torrance LLP.Responses due by 8/21/2013 (Piantek, Kurtis) (Entered: 07/31/2013)
2013-07-3124Memorandum in Support re 23 MOTION for Summary Judgment (Partial) filed by Carmody & Torrance LLP. (Attachments: # 1 Exhibit A to Memo of Law, # 2 Exhibit A to Piantek Declaration, # 3 Exhibit B to Piantek Declaration, # 4 Exhibit C to Piantek Declaration, # 5 Exhibit D (Part 1 of 2) to Piantek Declaration, # 6 Exhibit D (Part 2 of 2) to Piantek Declaration, # 7 Exhibit B to Memo of Law, # 8 Exhibit C to Memo of Law, # 9 Exhibit D to Memo of Law, # 10 Exhibit E to Memo of Law)(Piantek, Kurtis) (Entered: 07/31/2013)
2013-07-3125Statement of Material Facts re 23 MOTION for Summary Judgment (Partial) filed by Carmody & Torrance LLP. (Attachments: # 1 Exhibit A to Statement of Facts)(Piantek, Kurtis) (Entered: 07/31/2013)
2013-07-3126OBJECTION re 22 MOTION for Extension of Time until Sixty days from filing date for filing response to plaintiff's motion for summary judgment and filing cross-motion for summary judgment 21 Order filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 07/31/2013)
2013-08-0127ORDER granting 22 Motion for Extension of Time to 10/1/2013 to respond to plaintiff's motion for summary judgment and to file cross motion for summary judgment. Signed by Judge Robert N. Chatigny on 8/1/2013. (Rickevicius, L.) (Entered: 08/01/2013)
2013-08-0128Reset Deadlines as to 23 MOTION for Summary Judgment (Partial) . Responses due by 10/1/2013. (Glynn, T.) (Entered: 08/02/2013)
2013-08-01Set Deadline: Dispositive Motions due by 10/1/2013. (Glynn, T.) (Entered: 08/02/2013)
2013-08-0229ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Judge Robert N. Chatigny on 8/1/13.(Sunbury, B.) (Entered: 08/02/2013)
2013-09-2530Second MOTION for Extension of Time to File Response/Reply and to file Cross Motion as to 23 MOTION for Summary Judgment (Partial) until Oct. 18, 2013 by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 09/25/2013)
2013-09-2631ORDER. Defendants' 30 Motion for Extension of Time to File Response/Reply is GRANTED. Signed by Judge Michael P. Shea on 9/26/2013. (Pomeroy, K.) (Entered: 09/26/2013)
2013-09-26Reset Deadlines as to 23 MOTION for Summary Judgment (Partial) . Responses due by 10/18/2013 (Johnson, D.) (Entered: 10/01/2013)
2013-10-0132NOTICE of Appearance by Joseph M. Gillis on behalf of Sikorsky Aircraft Corp (Gillis, Joseph) (Entered: 10/01/2013)
2013-10-0133NOTICE of Appearance by Aaron S. Bayer on behalf of Sikorsky Aircraft Corp (Bayer, Aaron) (Entered: 10/01/2013)
2013-10-0134MOTION to Intervene and Extension of Time by Sikorsky Aircraft Corp.Responses due by 10/22/2013 (Attachments: # 1 Exhibit A)(Bayer, Aaron). Added MOTION for Extension of Time until 10/18/2013 to File Response/Reply to 23 Motion for Summary Judgment on 10/2/2013 (Oliver, T.). (Entered: 10/01/2013)
2013-10-0135Memorandum in Support re 34 MOTION to Intervene and Extension of Time filed by Sikorsky Aircraft Corp. (Bayer, Aaron) (Entered: 10/01/2013)
2013-10-0136Corporate Disclosure Statement by Sikorsky Aircraft Corp. (Bayer, Aaron) (Entered: 10/01/2013)
2013-10-0237ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Judge Michael P. Shea on 10/2/13.(Johnson, D.) (Entered: 10/02/2013)
2013-10-0738MOTION to Stay by Department of Defense, Defense Contract Mgmt Agency.Responses due by 10/28/2013 (Perkins, Lisa) (Entered: 10/07/2013)
2013-10-0839MOTION to Stay Briefing Schedule by Sikorsky Aircraft Corp.Responses due by 10/29/2013 (Bayer, Aaron) (Entered: 10/08/2013)
2013-10-0840RESPONSE re 38 MOTION to Stay filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 10/08/2013)
2013-10-0841MOTION for Attorney(s) Robert K. Huffman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3027822) by Sikorsky Aircraft Corp. (Attachments: # 1 Affidavit Robert K. Huffman)(Bayer, Aaron) (Entered: 10/08/2013)
2013-10-0942ORDER granting 41 MOTION for Attorney(s) Robert K. Huffman to be Admitted Pro Hac Vice by Sikorsky Aircraft Corp. Certificate of Good Standing due by 12/8/2013. Signed by Clerk on 10/9/13. (Torrenti, R.) (Entered: 10/09/2013)
2013-10-0943MOTION for Attorney(s) Andrea T. Vavonese to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3028488) by Sikorsky Aircraft Corp. (Attachments: # 1 Affidavit Andrea T. Vavonese)(Bayer, Aaron) (Entered: 10/09/2013)
2013-10-0944ORDER denying 38 Motion to Stay. This case is two years old and relates to public access to government records. The deadline (Doc. No. 31 ) is extended to 10/28/2013. SO ORDERED by Judge Janet C. Hall on 10/9/2013. (Lewis, D) (Entered: 10/09/2013)
2013-10-0945ORDER denying as moot 39 Motion to Stay. SO ORDERED by Judge Janet C. Hall on 10/9/2013. (Lewis, D) (Entered: 10/09/2013)
2013-10-1046ORDER granting 43 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 12/9/2013. Signed by Clerk on 10/10/2013. (Falcone, K.) (Entered: 10/10/2013)
2013-10-2247Memorandum in Opposition re 34 MOTION to Intervene and Extension of Time MOTION for Extension of Time to File Response/Reply filed by Carmody & Torrance LLP. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Piantek, Kurtis) (Entered: 10/22/2013)
2013-10-2348RESPONSE re 34 MOTION to Intervene and Extension of Time MOTION for Extension of Time to File Response/Reply filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 10/23/2013)
2013-10-2449NOTICE by Sikorsky Aircraft Corp to file Reply Brief on or before November 5, 2013 (Bayer, Aaron) (Entered: 10/24/2013)
2013-10-2850Cross MOTION for Summary Judgment by Department of Defense, Defense Contract Mgmt Agency.Responses due by 11/18/2013 (Perkins, Lisa) (Entered: 10/28/2013)
2013-10-2951AFFIDAVIT re 50 Cross MOTION for Summary Judgment Signed By Donna Williamson filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Additional attachment(s) added on 11/5/2013: # 1 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/29/2013)
2013-10-2952AFFIDAVIT re 50 Cross MOTION for Summary Judgment Signed By Carlo Tursi filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Additional attachment(s) added on 11/5/2013: # 1 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/29/2013)
2013-10-2953AFFIDAVIT re 50 Cross MOTION for Summary Judgment Signed By Charmaine Howell filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Additional attachment(s) added on 11/5/2013: # 1 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/29/2013)
2013-10-2954EXHIBIT D, Vaughn Index by Department of Defense, Defense Contract Mgmt Agency re 50 Cross MOTION for Summary Judgment . (Perkins, Lisa) (Entered: 10/29/2013)
2013-10-2955EXHIBIT Decl of Charmaine Howell with exhibits by Department of Defense, Defense Contract Mgmt Agency re 50 Cross MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Perkins, Lisa) (Additional attachment(s) added on 11/5/2013: # 5 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/29/2013)
2013-10-2956Statement of Material Facts re 23 MOTION for Summary Judgment (Partial) Local Rule 56(a)2 Statement filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 10/29/2013)
2013-10-2957Third MOTION for Extension of Time until October 31, 2013 to file opposition and documents in support of cross motion for summary judgment 23 MOTION for Summary Judgment (Partial) by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 10/29/2013)
2013-10-2958OBJECTION re 57 Third MOTION for Extension of Time until October 31, 2013 to file opposition and documents in support of cross motion for summary judgment 23 MOTION for Summary Judgment (Partial) filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 10/29/2013)
2013-10-2959Memorandum in Opposition and In support of (respectively) re 50 Cross MOTION for Summary Judgment , 23 MOTION for Summary Judgment (Partial) filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 10/29/2013)
2013-10-2960Statement of Material Facts re 50 Cross MOTION for Summary Judgment filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 10/29/2013)
2013-10-2962Memorandum in Support re 50 Cross MOTION for Summary Judgment filed by Department of Defense, Defense Contract Mgmt Agency. CORRECTING DOCUMENT 59(Malone, P.) (Entered: 10/30/2013)
2013-10-3061AFFIDAVIT re 50 Cross MOTION for Summary Judgment Signed By Donna Williamson filed by Department of Defense, Defense Contract Mgmt Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Perkins, Lisa) (Additional attachment(s) added on 11/8/2013: # 19 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/30/2013)
2013-10-3063RESPONSE re 35 Memorandum in Support of Motion, 34 MOTION to Intervene and Extension of Time MOTION for Extension of Time to File Response/Reply filed by Sikorsky Aircraft Corp. (Bayer, Aaron) (Additional attachment(s) added on 11/8/2013: # 1 MAIN DOCUMENT-REPLACEMENT) (Malone, P.). (Entered: 10/30/2013)
2013-10-3065ORDER granting over objection 57 Third MOTION for Extension of Time until October 31, 2013 to file opposition and documents in support of cross motion for summary judgment 23 MOTION for Summary Judgment (Partial) . SO ORDERED by Judge Janet C. Hall on 10/30/2013. (Lewis, D) Modified on 11/1/2013 (Lewis, D). (Entered: 11/01/2013)
2013-10-3066Set/Reset Deadlines as to 23 MOTION for Summary Judgment (Partial) . Responses due by 10/31/2013 (Lewis, D) (Entered: 11/01/2013)
2013-10-3164CERTIFICATE OF SERVICE by Department of Defense, Defense Contract Mgmt Agency re 55 Exhibit, 52 Affidavit, 53 Affidavit, 51 Affidavit, 54 Exhibit (Perkins, Lisa) (Entered: 10/31/2013)
2013-11-0567CERTIFICATE OF SERVICE by Department of Defense, Defense Contract Mgmt Agency re 61 Affidavit,, (Perkins, Lisa) (Entered: 11/05/2013)
2013-11-0668CERTIFICATE OF GOOD STANDING re 43 MOTION for Attorney(s) Andrea T. Vavonese to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3028488) by Sikorsky Aircraft Corp. (Gillis, Joseph) (Entered: 11/06/2013)
2013-11-0669CERTIFICATE OF GOOD STANDING re 41 MOTION for Attorney(s) Robert K. Huffman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3027822) by Sikorsky Aircraft Corp. (Gillis, Joseph) (Entered: 11/06/2013)
2013-11-1370REPLY to Response to 23 MOTION for Summary Judgment (Partial) filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 11/13/2013)
2013-11-1871Memorandum in Opposition re 50 Cross MOTION for Summary Judgment filed by Carmody & Torrance LLP. (Attachments: # 1 Exhibit A)(Piantek, Kurtis) (Entered: 11/18/2013)
2013-11-1872Statement of Material Facts re 50 Cross MOTION for Summary Judgment Plaintiff's Local Rule 56(a)2 Statement filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 11/18/2013)
2013-11-2573ORDER granting 34 Motion to Intervene and for Extension of Time to File Response to 23 MOTION for Summary Judgment, on the condition the movant does not seek to unduly delay the proceedings in this case, which is two years old and was recently transferred to this court. The court grants the extension to 12/11/13. SO ORDERED by Judge Janet C. Hall on 11/25/13. (Pesta, J.) (Entered: 11/26/2013)
2013-11-2774Consent MOTION for Extension of Time until Dec. 9, 2013 to file reply 71 Memorandum in Opposition to Motion, Consent MOTION for Extension of Time to File Response/Reply in support of as to 50 Cross MOTION for Summary Judgment until Dec. 9, 2013 by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 11/27/2013)
2013-12-0275ORDER granting 74 Consent MOTION for Extension of Time until Dec. 9, 2013 to file reply 71 Memorandum in Opposition to MotionConsent MOTION for Extension of Time to File Response/Reply in support of as to 50 Cross MOTION for Summary Judgment until Dec. 9, 2013(Responses due by 12/9/2013, ). SO ORDERED by Judge Janet C. Hall on 12/2/2013. (Lewis, D) (Entered: 12/02/2013)
2013-12-1076REPLY to Response to 50 Cross MOTION for Summary Judgment filed by Department of Defense, Defense Contract Mgmt Agency. (Perkins, Lisa) (Entered: 12/10/2013)
2013-12-1177MOTION Leave Nunc Pro Tunc to File Reply in Excess of 10 pages re 76 Reply to Response to Motion by Department of Defense, Defense Contract Mgmt Agency.Responses due by 1/1/2014 (Perkins, Lisa) Modified on 12/15/2013 To correct relief. (Malone, P.). (Entered: 12/11/2013)
2013-12-1178OBJECTION re 77 MOTION Leave Nunc Pro Tunc to File Reply in Excess of 10 pages re 76 Reply to Response to Motion and Further Objects in toto to Defendants' submission of a Surreply Brief filed by Carmody & Torrance LLP. (Piantek, Kurtis) (Entered: 12/11/2013)
2013-12-1179Cross MOTION for Summary Judgment by Sikorsky Aircraft Corp.Responses due by 1/1/2014 (Attachments: # 1 Memorandum in Support of Sikorky's Cross-Motion for Summary Judgment, # 2 Affidavit of Graham Main, # 3 Statement of Material Facts (Rule 56(a)1 Statement)(Bayer, Aaron) (Entered: 12/11/2013)
2013-12-1180Memorandum in Opposition re 23 MOTION for Summary Judgment (Partial) filed by Sikorsky Aircraft Corp. (Attachments: # 1 Affidavit of Graham Main, # 2 Statement of Material Facts (Rule 56(a)2 Statement))(Bayer, Aaron) (Entered: 12/11/2013)
2014-01-0281Memorandum in Opposition to Sikorsky's Motion for Summary Judgment re 79 Cross MOTION for Summary Judgment filed by Carmody & Torrance LLP. (Attachments: # 1 Statement of Material Facts Plaintiff's Local Rule 56(a)2 Statement)(Rooney, J.) (Entered: 01/02/2014)
2014-01-1682REPLY to Response to 79 Cross MOTION for Summary Judgment filed by Sikorsky Aircraft Corp. (Bayer, Aaron) (Entered: 01/16/2014)
2014-01-3183NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument set for 3/21/2014 03:00 PM in Courtroom One, 141 Church St., New Haven, CT before Judge Janet C. Hall as to 23 MOTION for Summary Judgment (Partial) , 50 Cross MOTION for Summary Judgment , 79 Cross MOTION for Summary Judgment . (DeRubeis, B.) (Entered: 01/31/2014)
2014-02-0384NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 3/21/2014 . ORAL ARGUMEMT has been changed to Monday, 3/3/2014 09:30 AM in Courtroom One, 141 Church St., New Haven, CT before Judge Janet C. Hall as to 23 MOTION for Summary Judgment (Partial) , 50 Cross MOTION for Summary Judgment , 79 Cross MOTION for Summary Judgment . (DeRubeis, B.) (Entered: 02/03/2014)
2014-02-0785ORDER granting 77 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 2/7/2014. (Lewis, D) (Entered: 02/07/2014)
2014-02-1886ORDER to submit to the court an unredacted copy of Exhibit C by 2/25/2014 re 24 Memorandum in Support of Motion filed by Carmody & Torrance LLP. Signed by Judge Janet C. Hall on 2/18/2014.(Malone, P.) (Entered: 02/19/2014)
2014-03-0387Minute Entry. Proceedings held before Judge Janet C. Hall: Motion Hearing held on 3/3/2014; taking under advisement 50 Motion for Summary Judgment; taking under advisement 79 Motion for Summary Judgment; taking under advisement 23 Motion for Summary Judgment. Total Time: 1 hours and 31 minutes(Court Reporter Terri Fidanza.) (Lewis, D) (Entered: 03/03/2014)
2014-03-0488MOTION for Joseph M. Gillis to Withdraw as Attorney by Sikorsky Aircraft Corp. (Gillis, Joseph) (Entered: 03/04/2014)
2014-03-0589ORDER granting 88 Motion to Withdraw as Attorney. Attorney Joseph M. Gillis terminated. SO ORDERED by Judge Janet C. Hall on 3/5/2014. (Lewis, D) (Entered: 03/05/2014)
2014-03-1390Ruling granting in part and denying in part 50 Cross Motion for Summary Judgment; granting in part and denying in part 79 Cross Motion for Summary Judgment; granting in part and denying in part 23 Partial Motion for Summary Judgment. DCMA is hereby ORDERED to disclose to Carmody within fourteen (14) days of this Ruling: (1) the middle section of the SF 1437, see Pl.s Ex. C at 11; and (2) all tabular information on the Bridgeport II Connecticut Facility Move-Out Budgetary Cost Matrix, id. at 71-78. The Clerk is directed to close this case. Signed by Judge Janet C. Hall on 3/13/2014. (Malone, P.) (Entered: 03/14/2014)
2014-03-1791JUDGMENT entered in favor of Carmody & Torrance LLP against Defense Contract Mgmt Agency, Sikorsky Aircraft Corp, Department of Defense in accordance with the court's ruling and the case is closed. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Judge Janet C. Hall on 3/17/2014.(Lewis, D) (Entered: 03/17/2014)
2014-03-17JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Lewis, D) (Entered: 03/17/2014)
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