Hartchrom, Inc. v. New Penn Motor Express, Inc.
| Hartchrom, Inc. |
| New Penn Motor Express, Inc. |
| Scott Barbour |
| 1:2013cv01115 |
| September 9, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Mae A D'Agostino |
| Randolph F Treece |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| None |
Docket Report
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This docket was last retrieved on November 19, 2014. A more recent docket listing may be available from PACER.
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Filing 39
STIPULATION AND ORDER OF DISCONTINUANCE re #38 Stipulation filed by New Penn Motor Express, Inc. Signed by U.S. District Judge Mae A. D'Agostino on 11/19/14. (ban)
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| Filing 38 STIPULATION OF DISCONTINUANCE by New Penn Motor Express, Inc. submitted to Judge D'Agostino. (Pinsky, Todd) |
| Filing 37 JUDGMENT Dismissing Action Based Upon Settlement. Signed by Judge Mae A. D'Agostino, 10/20/14. (ban) |
| TEXT ORDER granting #36 Letter Request for a two week extension of time to file defendant's response to motion. The #24 Motion for Summary Judgment deadlines are reset as follows; The Return is reset for October 21, 2014 (ON SUBMIT) before Judge D'Agostino; Response due 10/6/14; Reply due 10/10/14. Signed by U.S. District Judge Mae A. D'Agostino on 9/19/14. (ban) |
| Reset Deadlines as to #24 MOTION for Summary Judgment : Motion Hearing set for 10/21/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 10/6/2014, Reply to Response to Motion due by 10/10/2014. (ban) |
| Filing 36 Defendant's Letter Motion from Todd J. Pinsky, Esq. for New Penn Motor Express, Inc. requesting Extension of Time to File Response to Plaintiff's Motion for Summary Judgment submitted to Judge D'Agostino . (Pinsky, Todd) |
| Reset Deadlines as to #24 MOTION for Summary Judgment . The Motion Hearing is reset for 10/7/2014 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 9/22/2014, Reply to Response to Motion due by 9/26/2014. No personal appearances are necessary. The motion will be decided on the submission of the papers only. (ban) |
| Filing 35 MOTION for Summary Judgment Corrected Notice of Motion reflecting October 7, 2014 as motion return date Motion Hearing set for 10/7/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/22/2014 Reply to Response to Motion due by 9/26/2014. filed by Hartchrom, Inc.. (Attachments: #1 Affidavit Corrected Notice of Motion reflecting October 7, 2014 as return date) (Nolan, William) |
| Filing 34 CERTIFICATE OF SERVICE by Hartchrom, Inc. re #24 MOTION for Summary Judgment (Nolan, William) |
| Filing 33 STATEMENT OF MATERIAL FACTS re #24 MOTION for Summary Judgment Plaintiff's Local Rule 7.1(a)(3) Statement of Undisputed Material Facts filed by Hartchrom, Inc.. (Nolan, William) |
| Filing 32 MEMORANDUM OF LAW re #24 Motion for Summary Judgment, in Support of Plaintiff's Motion for Summary Judgment filed by Hartchrom, Inc.. (Attachments: #1 Appendix Westlaw Cases)(Nolan, William) |
| Filing 31 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Declaration of Chelsey T. Lester with Exhibits filed by Hartchrom, Inc.. (Attachments: #1 Exhibit(s) Y, #2 Exhibit(s) Z, #3 Exhibit(s) AA, #4 Exhibit(s) BB, #5 Exhibit(s) CC, #6 Exhibit(s) DD, #7 Exhibit(s) EE, #8 Exhibit(s) FF, #9 Exhibit(s) GG)(Nolan, William) |
| Filing 30 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Exhibit W filed by Hartchrom, Inc.. (Attachments: #1 Exhibit(s) X)(Nolan, William) |
| Filing 29 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Exhibit V filed by Hartchrom, Inc.. (Nolan, William) |
| Filing 28 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Exhibit M filed by Hartchrom, Inc.. (Attachments: #1 Exhibit(s) N, #2 Exhibit(s) O, #3 Exhibit(s) P, #4 Exhibit(s) Q, #5 Exhibit(s) R, #6 Exhibit(s) S, #7 Exhibit(s) T, #8 Exhibit(s) U)(Nolan, William) |
| Filing 27 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Exhibit E filed by Hartchrom, Inc.. (Attachments: #1 Exhibit(s) F, #2 Exhibit(s) G, #3 Exhibit(s) H, #4 Exhibit(s) I, #5 Exhibit(s) J, #6 Exhibit(s) K, #7 Exhibit(s) L)(Nolan, William) |
| Filing 26 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Affidavit of Michael Flaherty Plaintiff's Vice President of Operations and General Manager filed by Hartchrom, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Nolan, William) |
| Filing 25 AFFIDAVIT in Support re #24 MOTION for Summary Judgment Declaration of Chelsey T. Lester filed by Hartchrom, Inc.. (Nolan, William) |
| Filing 24 MOTION for Summary Judgment Motion Hearing set for 10/10/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/23/2014 Reply to Response to Motion due by 9/29/2014. filed by Hartchrom, Inc.. (Nolan, William) |
| Filing 23 STATUS REPORT by Hartchrom, Inc.. (Lester, Chelsey) |
| Filing 22 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on March 5, 2014. Total Hours Spent by Mediator: 3; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Barbour, Scott) |
| ADR COMPLETED (sg ) |
| Filing 21 REPORT of Mediation (Barbour, Scott) |
| Filing 20 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Scott Barbour has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Chelsey T. Lester and Todd Pinsky. Dated: 1/7/14(Lester, Chelsey) |
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Filing 19
ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mediation is 4/30/2014. The deadline for the parties to select a Mediator is 1/7/2014. Signed by Magistrate Judge Randolph F. Treece on 12/10/2013. (mab)
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Filing 18
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 Days. Joinder of Parties due by 1/17/2014. Amended Pleadings due by 1/17/2014. Discovery due by 8/18/2014. This matter is referred to the Court's Pilot Mandatory Mediation Program. A separate Order regarding Mandatory Mediation will be issued. Motions to be filed by 9/18/2014. Status Report due by 4/30/2014. Signed by Magistrate Judge Randolph F. Treece on 12/10/2013. (mab)
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| Filing 17 CERTIFICATE OF SERVICE by Hartchrom, Inc. of Rule 26(a) Initial Disclosures (Lester, Chelsey) |
| Text Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Rule 16 Initial Pretrial Conference held on 11/6/2013. Appearances: Chelsey Lester, Esq. and Thomas Martin, Esq. The Rule 16 Initial Conference is ADJOURNED without date for settlement purposes. The parties are directed to advise the Court in writing as to the dates they would be available to participate in a settlement conference. (mab) |
| TEXT NOTICE: The Rule 16 Initial Conference in this matter is RESCHEDULED for 11/6/2013 at 2:30 PM before Magistrate Judge Randolph F. Treece and will be conducted by TELEPHONE. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 1315 to be connected to the conference call. You may be prompted to announce your name. (mab) |
| TEXT NOTICE: The Rule 16 Initial Conference in this matter is set for 11/7/2013 at 9:30 AM before Magistrate Judge Randolph F. Treece and will be conducted by TELEPHONE. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 1315 to be connected to the conference call. You may be prompted to announce your name. (mab) |
| Filing 16 Defendant's ANSWER to Complaint First Amended and Affirmative Defenses to #9 Amended Complaint, by New Penn Motor Express, Inc..(Pinsky, Todd) Modified on 11/1/2013 (ban). |
| Filing 15 NOTICE of Appearance by Thomas Christopher Martin on behalf of New Penn Motor Express, Inc. (Martin, Thomas) |
| Filing 14 NOTICE of Appearance by William D. Bierman on behalf of New Penn Motor Express, Inc. (Bierman, William) |
| Filing 13 CIVIL CASE MANAGEMENT PLAN JOINTLY PREPARED BY ALL PARTIES AND FILED by New Penn Motor Express, Inc.. (Pinsky, Todd) |
| Filing 12 TEXT ORDER granting #11 Letter Request to withdraw #4 motion to dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/13. (ban) |
| Filing 11 Letter Motion from Todd J. Pinsky as attorney for Defendant, New Penn Motor Express, Inc. for New Penn Motor Express, Inc. requesting Withdraw Pending Motion to Dismiss submitted to Judge D'Agostino . (Pinsky, Todd) |
| Filing 10 CERTIFICATE OF SERVICE by Hartchrom, Inc. re #9 Amended Complaint (Lester, Chelsey) |
| Filing 9 AMENDED COMPLAINT against New Penn Motor Express filed by Hartchrom, Inc. (Lester, Chelsey) |
| ***Answer due date updated for New Penn Motor Express, Inc. answer due 10/31/2013. (lah) |
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Filing 8
ORDER granting #6 Motion for Limited Admission Pro Hac Vice for Thomas C. Martin, Esq. Signed by Magistrate Judge Randolph F. Treece on 10/15/2013. (mab)
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Filing 7
ORDER granting #5 Motion for Limited Admission Pro Hac Vice for William D. Bierman, Esq. Signed by Magistrate Judge Randolph F. Treece on 10/15/2013. (mab)
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| Filing 6 MOTION for Limited Admission Pro Hac Vice of Thomas C. Martin Filing fee $100, receipt number 0206-2723881. filed by New Penn Motor Express, Inc.. (Attachments: #1 Proposed Order/Judgment, #2 Affidavit of Sponsor, Todd J. Pinsky, #3 Petition for Admission to Practice by Thomas C. Martin, #4 New Attorney E-Filing Registration Form, #5 Oath on Admission, #6 Certificate of Good Standing) Motions referred to Randolph F. Treece. (Pinsky, Todd) |
| Filing 5 MOTION for Limited Admission Pro Hac Vice of William D. Bierman Filing fee $100, receipt number 0206-2723867. filed by New Penn Motor Express, Inc.. (Attachments: #1 Proposed Order/Judgment, #2 Affidavit of Sponsor, Todd J. Pinsky, #3 Petition for Admission to Practice by William D. Bierman, #4 New Attorney E-Filing Registration Form, #5 Oath on Admission, #6 Certificate of Good Standing) Motions referred to Randolph F. Treece. (Pinsky, Todd) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP 12(b)(6) and Pursuant to the Interstate Commerce Act, 49 USC 14706 and 49 U.S.C. 14501(c), by Defendant, New Penn Motor Express, Inc., against Count One and Count Three of Plaintiff's Complaint Motion Hearing set for 11/5/2013 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2013 Reply to Response to Motion due by 10/25/2013. filed by New Penn Motor Express, Inc.. (Attachments: #1 Memorandum of Law, #2 Copy of Case cited with electronic case cite in Memo of Law - Guru Kripa v. Inter, Inc., #3 Copy of Case cited with electronic case cite in Memo of Law - O'Boyle v. Superior Moving, #4 Proposed Order/Judgment) (Pinsky, Todd) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/7/2013 at 9:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 10/24/2013. (lah) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New Penn Motor Express, Inc. identifying Corporate Parent YRC Worldwide, Inc. for New Penn Motor Express, Inc. (lah) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of SNY County of Albany, case number 4296-13 (Filing fee $400 receipt number 0206-2682548) filed by New Penn Motor Express, Inc. (Attachments: #1 Exhibit - Summons and Complaint; #2 Notice of Filing Notice of Removal; #3 Civil Cover Sheet)(lah) |
| ***Answer due date updated for New Penn Motor Express, Inc.; answer due 9/26/2013. (amt) |
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