Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Sills Road Realty Llc, Brookhaven Terminal Operations, Llc v. Winters Bros. Waste Systems Of Long Island, Llc, Oakland Transportation Holdings, Llc, New York Site Operations, Llc, Brookhaven Rail Llc, Shamrock Rails, Llc
On February 11, 2020 a commercial division case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Suffolk County. Judge James Hudson presiding.
Case Details
Case Number
Filing Date
February 11, 2020
Last Refreshed
October 13, 2023
Filing Location
Suffolk County, NY
Filing Court House
Suffolk County Supreme Court
Category
Commercial Division
Practice Area
Commercial
Matter Type
General Commercial
Status
Appealed
Overview
This action arises out of the blatant breach by defendant Winters Bros.
Waste Systems of Long Island, LLC ("Winters") of a non-disclosure agreement
pursuant to which it explicitly agreed not to circumvent the fundamental purpose of
the agreement by entering into a transaction to purchase certain real property and
railway assets associated with the property. Pursuant to the agreement, Sills Road
provided confidential information to Winters for the purpose of acquiring the
property and railway assets from defendant Oakland Transportation Holdings, LLC
or its affiliates New York Site Operations, LLC and Brookhaven Rail LLC
(collectively defined as "Oakland"), or its subsidiaries, and Winters agreed to take
no action to circumvent that purpose by "directly or indirectly, initiating, continuing
Causes of Action
1. AGAMST WINTERS (Breach of Contract)
2. AGAINST WINTERS (Breach of the Duty of Good Faith and Fair Dealing)
3. AGAINST OAKLAND (Tortious Interference With Contract)
4. Preliminary and Permanent Injunction
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Attorneys for Defendants
Case Documents
STIPULATION - DISCONTINUANCE (POST RJI)
Date: Oct 22, 2021NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Date: May 11, 2021NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE
Date: May 11, 2021NOTICE OF ENTRY
Date: Apr 12, 2021DECISION ORDER ON MOTION
Date: Apr 09, 2021DECISION ORDER ON MOTION (Motion 001)
Date: Apr 09, 2021AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Nov 02, 2020MEMORANDUM OF LAW IN REPLY
Date: Sep 22, 2020AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 004)
Date: Sep 22, 2020AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 004)
Date: Sep 09, 2020EXHIBIT(S) - A (Motion 004)
Date: Aug 21, 2020NOTICE OF MOTION (Motion 004)
Date: Aug 21, 2020NOTICE OF MOTION (Motion 003)
Date: Aug 20, 2020AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 003) Corrected
Date: Aug 20, 2020EXHIBIT(S) - A (Motion 003)
Date: Aug 20, 2020MEMORANDUM OF LAW IN SUPPORT (Motion 003)
Date: Aug 20, 2020NOTICE TO COUNTY CLERK - AMENDMENT OF CAPTION
Date: Aug 20, 2020ANSWER
Date: Aug 20, 2020STIPULATION - TIME TO ANSWER
Date: Jul 21, 2020COMPLAINT (AMENDED)
Date: Jul 01, 2020SUMMONS-SUPPLEMENTAL (POST RJI)
Date: Jul 01, 2020EXHIBIT(S) - 1
Date: Jul 01, 2020EXHIBIT(S) - 3
Date: Jul 01, 2020EXHIBIT(S) - 2
Date: Jul 01, 2020NOTICE OF DISCOVERY AND INSPECTION
Date: Jun 12, 2020ANSWER
Date: Jun 12, 2020INTERROGATORIES
Date: Jun 12, 2020MEMORANDUM OF LAW IN REPLY
Date: May 27, 2020EXHIBIT(S) - 3
Date: May 27, 2020EXHIBIT(S) - 1
Date: May 27, 2020EXHIBIT(S) - 2
Date: May 27, 2020MEMORANDUM OF LAW IN REPLY (Motion 001)
Date: May 26, 2020MEMORANDUM OF LAW IN OPPOSITION (Motion 002)
Date: May 20, 2020AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: May 20, 2020AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: May 20, 2020MEMORANDUM OF LAW IN OPPOSITION
Date: May 20, 2020AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: May 20, 2020AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION
Date: May 20, 2020EXHIBIT(S) - D
Date: May 20, 2020CONSENT TO CHANGE ATTORNEY (POST RJI)
Date: May 20, 2020AFFIRMATION
Date: May 20, 2020EXHIBIT(S) - B
Date: May 20, 2020EXHIBIT(S) - C
Date: May 20, 2020EXHIBIT(S) - A
Date: May 20, 2020ORDER TO SHOW CAUSE-SIGNED (Motion 002)
Date: May 12, 2020AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Date: May 08, 2020ORDER TO SHOW CAUSE ( PROPOSED )
Date: May 08, 2020AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP
Date: May 08, 2020EXHIBIT(S) - 4
Date: May 08, 2020EXHIBIT(S) - 5
Date: May 08, 2020EXHIBIT(S) - 1
Date: May 08, 2020EXHIBIT(S) - 2
Date: May 08, 2020EXHIBIT(S) - 1
Date: May 08, 2020EXHIBIT(S) - 3
Date: May 08, 2020EXHIBIT(S) - 4
Date: May 08, 2020EXHIBIT(S) - 6
Date: May 08, 2020EXHIBIT(S) - 8
Date: May 08, 2020EXHIBIT(S) - 7
Date: May 08, 2020EXHIBIT(S) - 2
Date: May 08, 2020EXHIBIT(S) - 9
Date: May 08, 2020EXHIBIT(S) - 3
Date: May 08, 2020NOTICE OF APPEARANCE (POST RJI)
Date: May 05, 2020AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion 001)
Date: May 04, 2020MEMORANDUM OF LAW IN SUPPORT
Date: May 04, 2020NOTICE OF MOTION (Motion 001)
Date: May 04, 2020EXHIBIT(S) - A (Motion 001)
Date: May 04, 2020NOTICE OF APPEARANCE (POST RJI)
Date: May 04, 2020NOTICE
Date: Apr 08, 2020STIPULATION - OTHER - ( REQUEST TO SO ORDER )
Date: Mar 19, 2020ADDENDUM - COMMERCIAL DIVISION (840C)
Date: Mar 19, 2020SUMMONS COMPLAINT
Date: Feb 11, 2020Case Events
Date | Type | Description | |
---|---|---|---|
October 22, 2021 |
STIPULATION - DISCONTINUANCE (POST RJI) Stipulation of Discontinuance with Prejudice |
||
May 11, 2021 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE Notice of Appeal with Decision and Order (Motion Seq. 2), and Informational Statement |
||
May 11, 2021 |
NOTICE OF APPEAL/INFORMATIONAL STATEMENT/COPY OF ORDER/PROOF OF SERVICE Notice of Appeal with Decision and Order (Motion Seq. 1, 3, and 4), and Information Statement |
||
April 12, 2021 | NOTICE OF ENTRY | ||
April 09, 2021 | DECISION + ORDER ON MOTION | ||
April 09, 2021 |
DECISION + ORDER ON MOTION (Motion #001) Motion decisions for 001, 003 and 004 |
||
November 02, 2020 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service of Summons and Verified Amended Complaint upon Shamrock Rail, LLC |
||
October 19, 2020 | hearing |
HEARING HELD HEARING PART 46 DECISION RESERVED TEAMS/ORAL ARG. Judge: JAMES HUDSON/COMM |
|
September 23, 2020 | hearing |
FULLY SUBMITTED (Motion #004) MOTION PART 46 EFILE MVT: SHAMROCK RAIL Judge: JAMES HUDSON/COMM |
|
September 23, 2020 | hearing |
FULLY SUBMITTED (Motion #003) MOTION PART 46 EFILE MVT: OAKLAND TRANS. Judge: JAMES HUDSON/COMM |
|
September 23, 2020 | hearing |
FULLY SUBMITTED (Motion #002) MOTION PART 46 EFILE OSC Judge: JAMES HUDSON/COMM |
|
September 23, 2020 | hearing |
FULLY SUBMITTED (Motion #001) MOTION PART 46 EFILE MVT: OAKLAND/NY/BROO Judge: JAMES HUDSON/COMM |
|
September 22, 2020 | MEMORANDUM OF LAW IN REPLY | ||
September 22, 2020 |
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #004) Affirmation in Further Support of Shamrock Rail, LLC's Motion to Dismiss |
||
September 09, 2020 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #004) Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants ... show more |
||
September 09, 2020 |
MEMORANDUM OF LAW IN OPPOSITION (Motion #003) Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss the Amended Complaint of Defendants ... show more |
||
September 09, 2020 |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #004) Affirmation of Joseph R. Harbeson in Opposition to the Motion to Dismiss by Shamrock Rail, LLC |
||
September 09, 2020 | hearing |
ADJOURNED (Motion #004) MOTION PART 46 EFILE MVT: SHAMROCK RAIL Judge: JAMES HUDSON/COMM |
|
September 09, 2020 | hearing |
ADJOURNED (Motion #003) MOTION PART 46 EFILE MVT: OAKLAND TRANS. Judge: JAMES HUDSON/COMM |
|
August 27, 2020 |
STIPULATION - ADJOURNMENT OF MOTION (Motion #004) Stipulation to adjourn motion to dismiss Amended Verified Complaint from September 9, 2020 until Sep Stipulation to adjourn motion to dismiss Amended Verified Complaint from September 9, 2020 until Sep ... show more |
||
August 27, 2020 |
STIPULATION - ADJOURNMENT OF MOTION (Motion #003) Stipulation adjourn the motion to dismiss the Amended Verified Complaint from September 9, 2020 unti Stipulation adjourn the motion to dismiss the Amended Verified Complaint from September 9, 2020 unti ... show more |
||
August 21, 2020 |
EXHIBIT(S) - A (Motion #004) Verified Amended Complaint |
||
August 21, 2020 |
AFFIRMATION (Motion #004) of Jillian L. McNeil, Esq. Dated August 20, 2020 in Support of Defendant Shamrock Rail, LLC's Motion of Jillian L. McNeil, Esq. Dated August 20, 2020 in Support of Defendant Shamrock Rail, LLC's Motion ... show more |
||
August 21, 2020 |
NOTICE OF MOTION (Motion #004) to Dismiss the Amended Complaint As and Against Defendant Shamrock Rail, LLC |
||
August 21, 2020 | Motion |
DISMISSAL (Motion #004) Before Justice: JAMES HUDSON/COMM Answer demanded: No Judge: JAMES HUDSON/COMM |
|
August 20, 2020 | NOTICE OF MOTION (Motion #003) | ||
August 20, 2020 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) *Corrected* Affirmation of Douglas S. Heffer |
||
August 20, 2020 |
EXHIBIT(S) - A (Motion #003) Amended Complaint with Exhibits |
||
August 20, 2020 | MEMORANDUM OF LAW IN SUPPORT (Motion #003) | ||
August 20, 2020 | NOTICE TO COUNTY CLERK - AMENDMENT OF CAPTION | ||
August 20, 2020 |
ANSWER Winters Bros. Verified Answer to the Amended Complaint |
||
August 20, 2020 | Motion |
DISMISSAL (Motion #003) Before Justice: JAMES HUDSON/COMM Answer demanded: No Judge: JAMES HUDSON/COMM |
|
July 21, 2020 | Docket Event |
STIPULATION - TIME TO ANSWER Stipulation for Extension of time to file Responsive Pleading |
|
July 08, 2020 | hearing |
ADJOURNED (Motion #002) MOTION PART 46 EFILE OSC Judge: JAMES HUDSON/COMM |
|
July 08, 2020 | hearing |
ADJOURNED (Motion #001) MOTION PART 46 EFILE MVT: OAKLAND/NY/BROO Judge: JAMES HUDSON/COMM |
|
July 01, 2020 | Docket Event |
COMPLAINT (AMENDED) Verified Amended Complaint |
|
July 01, 2020 | Docket Event |
SUMMONS-SUPPLEMENTAL (POST RJI) Supplemental Summons |
|
July 01, 2020 | Docket Event |
EXHIBIT(S) - 1 So Ordered Stipulation |
|
July 01, 2020 | Docket Event |
EXHIBIT(S) - 3 NonDisclosure Agreement |
|
July 01, 2020 | Docket Event |
EXHIBIT(S) - 2 So Ordered Stipulation of Settlement |
|
June 12, 2020 | Docket Event |
NOTICE OF DISCOVERY AND INSPECTION Winters Bros. First Request for Production of Documents |
|
June 12, 2020 | Docket Event |
ANSWER Winters Bros. Verified Answer |
|
June 12, 2020 | Docket Event |
INTERROGATORIES Winters Bros. First Set of Interrogatories |
|
June 10, 2020 | Docket Event |
ACKNOWLEDGEMENT OF SERVICE Acknowledgment of Service and Stipulation Extending Winters Bros. Waste System of Long Island LLC's Acknowledgment of Service and Stipulation Extending Winters Bros. Waste System of Long Island LLC's ... show more |
|
June 10, 2020 | Docket Event |
ACKNOWLEDGEMENT OF SERVICE Acknowledgment of Service by Oakland Transportation Holdings LLC, New York Site Operations LLC and B Acknowledgment of Service by Oakland Transportation Holdings LLC, New York Site Operations LLC and B ... show more |
|
May 27, 2020 | Docket Event |
MEMORANDUM OF LAW IN REPLY Plaintiff's Reply Memorandum of Law in Further Support of Its Motion for a Preliminary Injunction |
|
May 27, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN REPLY Affidavit of James J. Pratt, III in further support of Plaintiff's Motion for a Preliminary Injuncti Affidavit of James J. Pratt, III in further support of Plaintiff's Motion for a Preliminary Injuncti ... show more |
|
May 27, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN REPLY Affirmation of Jonathan C. Sullivan in further support of Plaintiff's Motion for a Preliminary Injun Affirmation of Jonathan C. Sullivan in further support of Plaintiff's Motion for a Preliminary Injun ... show more |
|
May 27, 2020 | Docket Event |
EXHIBIT(S) - 3 Letter to Brookhave Rail Freight Services, LLC dated May 21, 2020 |
|
May 27, 2020 | Docket Event |
EXHIBIT(S) - 1 Letter to Carly Everhardt dated May 19, 2020 |
|
May 27, 2020 | Docket Event |
EXHIBIT(S) - 2 Letter to Edward Romaine, Town Supervisor dated May 13, 2020 |
|
May 27, 2020 | hearing |
ADJOURNED (Motion #002) MOTION PART 46 EFILE OSC Judge: JAMES HUDSON/COMM |
|
May 27, 2020 | hearing |
ADJOURNED (Motion #001) MOTION PART 46 EFILE MVT: OAKLAND/NY/BROO Judge: JAMES HUDSON/COMM |
|
May 26, 2020 | Docket Event |
MEMORANDUM OF LAW IN REPLY (Motion #001) Moving Defendants' Reply in Further Support of Motion to Dismiss |
|
May 26, 2020 | hearing |
ADJOURNED (Motion #001) MOTION PART 46 MVT: OAKLAND/NY/BROO Judge: JAMES HUDSON/COMM |
|
May 20, 2020 | Docket Event |
MEMORANDUM OF LAW IN OPPOSITION (Motion #002) Oakland Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction |
|
May 20, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Affidavit of Joseph Winters in Opposition |
|
May 20, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Affidavit of Michael White in Opposition |
|
May 20, 2020 | Docket Event |
MEMORANDUM OF LAW IN OPPOSITION Winters Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction |
|
May 20, 2020 | Docket Event |
MEMORANDUM OF LAW IN OPPOSITION (Motion #001) PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS OF DEFENDANTS OAKLAND TRANSPORTATIO PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS OF DEFENDANTS OAKLAND TRANSPORTATIO ... show more |
|
May 20, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Supplemental Affidavit of Joseph Winters in Opposition |
|
May 20, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Affidavit of Stephen Soucy in Opposition |
|
May 20, 2020 | Docket Event |
EXHIBIT(S) - D Town of Brookhaven Conservation Easement |
|
May 20, 2020 | Docket Event | CONSENT TO CHANGE ATTORNEY (POST RJI) | |
May 20, 2020 | Docket Event | Affirmation of Jillian L. McNeil in Opposition | |
May 20, 2020 | Docket Event |
EXHIBIT(S) - B Edited Non-Disclosure Agreement |
|
May 20, 2020 | Docket Event |
EXHIBIT(S) - C February 8, 2019 Email |
|
May 20, 2020 | Docket Event |
EXHIBIT(S) - A Filed Non-Disclosure Agreement |
|
May 12, 2020 | Docket Event |
ORDER TO SHOW CAUSE-SIGNED (Motion #002) OSC - PI |
|
May 08, 2020 | Docket Event |
MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Order to Show Cause for a Preliminary Injunction and Temporary Restr Memorandum of Law in Support of Order to Show Cause for a Preliminary Injunction and Temporary Restr ... show more |
|
May 08, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Affirmation of Jonathan C. Sullivan in Support of Order to Show Cause |
|
May 08, 2020 | Docket Event |
ORDER TO SHOW CAUSE ( PROPOSED ) Proposed Order to Show Cause and Temporary Restraining Order |
|
May 08, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Affidavit of James J. Pratt, III in support of Order to Show Cause |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 4 Letter dated April 6, 2020 regarding intent to close |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 5 Email dated May 1, 2020 regarding intent to close |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 1 NonDisclosure Agreement |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 2 Email dated February 8, 2019 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 1 Summons and Verified Complaint with Exhibits |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 3 Letter to Judge Azrack dated April 6, 2020 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 4 Email dated November 6, 2019 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 6 Letter dated March 27, 2020 regarding status of tunnel |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 8 Email dated May 1, 2020 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 7 Letter to Judge Azrack dated April 6, 2020 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 2 Notification letter dated February 11, 2020 |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 9 Minute Entry |
|
May 08, 2020 | Docket Event |
EXHIBIT(S) - 3 Interim Stipulation |
|
May 07, 2020 | Motion |
PRELIMINARY INJUNCTION (Motion #002) Before Justice: JAMES HUDSON/COMM Answer demanded: No Judge: JAMES HUDSON/COMM |
|
May 05, 2020 | Docket Event | NOTICE OF APPEARANCE (POST RJI) | |
May 04, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #001) Affirmation of Douglas S. Heffer |
|
May 04, 2020 | Docket Event | MEMORANDUM OF LAW IN SUPPORT | |
May 04, 2020 | Docket Event |
NOTICE OF MOTION (Motion #001) Notice of Motion to Dismiss |
|
May 04, 2020 | Docket Event |
EXHIBIT(S) - A (Motion #001) Complaint |
|
May 04, 2020 | Docket Event | NOTICE OF APPEARANCE (POST RJI) | |
May 04, 2020 | Motion |
DISMISSAL (Motion #001) Before Justice: JAMES HUDSON/COMM Answer demanded: No Judge: JAMES HUDSON/COMM |
|
April 08, 2020 | Docket Event | NOTICE OF ASSIGNMENT TO THE COMMERCIAL DIVISION | |
March 19, 2020 | Docket Event |
STIPULATION - OTHER - ( REQUEST TO SO ORDER ) Stipulation adjourning plaintiff's planned submission of an Order to Show Cause to be "So Ordered" |
|
March 19, 2020 | Docket Event | ADDENDUM - COMMERCIAL DIVISION (840C) | |
March 19, 2020 | Docket Event |
RJI -RE: OTHER Request for Judicial Intervention, Request to have the Court "So Order" the attached Stipulation adj Request for Judicial Intervention, Request to have the Court "So Order" the attached Stipulation adj ... show more |
|
February 11, 2020 | Docket Event |
SUMMONS + COMPLAINT Summons and Verified Complaint |
|
February 11, 2020 | Docket Event |
EXHIBIT(S) - 3 NonDisclosure Agreement |
|
February 11, 2020 | Docket Event |
EXHIBIT(S) - 2 So-Ordered Stipulation of Settlement |
|
February 11, 2020 | Docket Event |
EXHIBIT(S) - 1 So-Ordered Stipulation |