Horner et al v. Cummings et al
Deena L. Horner and Michael A. Horner |
Joseph D. Cummings, Collins Trucking, Inc., Brad L. Collins, Daimler Trucks of North America, LLC and Freightliner, LLC |
1:2014cv00639 |
April 3, 2014 |
US District Court for the Middle District of Pennsylvania |
Harrisburg Office |
Lebanon |
John E Jones |
Motor Vehicle Prod. Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on February 6, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 190 ORDER re: Extension (eo) |
Filing 189 Letter from Robert R. Jones, Esq. requesting 90 day extension to consummate settlement . (Jones, Robert) |
Filing 188 ORDER - On todays date, the Court convened a lengthy settlement conference with counsel for all parties that culminated in a settlement agreement, the terms of which were read into the record. IT IS HEREBY ORDERED THAT this action is dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reinstate the action within ninety (90) days if the settlement is not consummated. (eo) |
DOCKET ANNOTATION: The jury selection date has been rescheduled from 6/4/2018 to June 11, 2018. (eo) |
Set/Reset Hearings: Jury Selection set for 6/11/2018 09:30AM before Honorable John E. Jones III. (eo) |
Filing 186 SCHEDULING ORDER: Settlement Conference set for 11/13/2017 10:00 AM in Harrisburg before Honorable John E. Jones III. By or before the close of business on November 8, 2017, the parties shall email confidential settlement memoranda, not to exceed 5 pages, to this Courts law clerk at the following email address: Amanda_R_Gaynor@pamd.uscourts.gov. (eo) |
Filing 185 Letter from Robert R. Jones, Esq. requesting settlement conference. (Jones, Robert) |
Filing 184 SPECIAL ADMISSIONS FORM APPROVED as to Kevin L. Connors, Esq. Signed by the Honorable John E. Jones, III on August 17, 2017. (kjn) |
Filing 183 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kevin L Connors on behalf of Joseph D. Cummings Attorney Kevin Connnors is seeking special admission. Filing fee $ 50, receipt number 0314-4173031.. (Connors, Kevin) |
SPECIAL ADMISSION FORM emailed to Attorney Kevin Connors (lg) |
Filing 182 NOTICE of Appearance by Kevin L Connors on behalf of Joseph D. Cummings (Connors, Kevin) |
Filing 181 NOTICE of Appearance by Robert F. Horn on behalf of Joseph D. Cummings (Horn, Robert) |
Filing 180 NOTICE by Joseph D. Cummings Withdraw of John Freeman, Esquire (Horn, Robert) |
Filing 179 NOTICE by Joseph D. Cummings Withdraw of Ann Delcollo (Horn, Robert) |
Filing 178 SCHEDULING ORDER: Pretrial Conference set for 5/1/2018. Jury Selection set for 6/4/2018 09:00AM before Honorable John E. Jones III. (eo) |
Filing 177 Letter from Robert R. Jones, Esq. re: Parties' Stipulation to a Trial Term. (Jones, Robert) |
Filing 176 ORDER 1. Count IV of Plaintiffs amended complaint (Doc. 16) is DISMISSED,pursuant to agreement by Plaintiff.2. Count II of Plaintiffs amended complaint (Doc. 16) is DISMISSED INPART. It is dismissed to the extent that it states a claim based onmanufacturing defect.3. The Clerk of Court is directed to TERMINATE Freightliner, LLC as aDefendant in this matter. (eo) |
Filing 175 ORDER 1. DTNAs motion for partial summary judgment (Doc. 153) is GRANTEDin part and DENIED in part.a. The motion is GRANTED in that the crossclaims filed by co-Defendants Cummings, Collins, and Collins Trucking,Inc. aredismissed to the extent that they seek indemnification from DTNA.b. The motion is DENIED in all other respects.2. Within fourteen (14) days, the parties shall stipulate to a new trial term.A copy of this Courts trial calendar is attached for the convenience ofthe parties. |
Filing 174 ORDER - The Court is in receipt of a letter from Defendants counsel requestingpermission to file a supplemental declaration. (Doc. 172). We shall grantpermission and accept the declaration. #172 Signed by Honorable John E. Jones, III on 4/7/2017. (sc) |
Filing 173 Letter from Robert re: DTNA request to file supplemental Declaration (Dkt #172). (Jones, Robert) |
Filing 172 Letter from Thomas S. Lane requesting permission to file a Supplemental Reply Declaration concerning Plaintiffs Corrected Response to DTNAs Statement of Material Facts. (Attachments: #1 Proposed Supplemental Declaration)(Lane, Thomas) |
Filing 171 ANSWER TO STATEMENT OF FACTS re #160 Answer to Statement of Facts,,,, Corrected Answer to Statement of Facts filed by Deena L. Horner.(Jones, Robert) |
Filing 170 ORDER - We shall accept Plaintiffs attached corrected response and will consider it in place of Plaintiffs formerly filed response. (eo) |
Filing 169 Letter from Robert R. Jones, Esq. requesting permission to file Corrected Response to DTNA's Statement of Material Facts. (Jones, Robert) |
Filing 168 REPLY BRIEF re #153 MOTION for Partial Summary Judgment filed by Daimler Trucks of North America, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Reply Declaration of Anthony P. Moore, #4 Reply Declaration of Thomas S. Lane, #5 Exhibit(s) A, #6 Exhibit(s) B, #7 Exhibit(s) C, #8 Local Rule 7.8(b) Certification, #9 Certificate of Service)(Lane, Thomas) |
Filing 167 ORDER granting #166 Motion for Extension of Time to File (eo) |
Filing 166 MOTION for Extension of Time to File Brief to #153 MOTION for Partial Summary Judgment MOTION TO EXTEND TIME TO REPLY filed by Daimler Trucks of North America, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Certificate of Service)(Lane, Thomas) |
Filing 163 BRIEF IN OPPOSITION re #153 MOTION for Partial Summary Judgment re-filed to attach copies of unpublished cases filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Appendix Copies of unpublished cases)(Jones, Robert) |
Filing 162 CERTIFICATE OF SERVICE by Deena L. Horner, Michael A. Horner (Jones, Robert) |
Filing 161 BRIEF IN OPPOSITION re #153 MOTION for Partial Summary Judgment filed by Deena L. Horner, Michael A. Horner.(Jones, Robert) |
Filing 160 ANSWER TO STATEMENT OF FACTS re #153 MOTION for Partial Summary Judgment and opposing Declarations and Exhibits filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Declaration of Frederick Arndt, #2 Declaration of Peter Bouman, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Exhibit(s) 12, #15 Exhibit(s) 13, #16 Exhibit(s) 14, #17 Exhibit(s) 15, #18 Exhibit(s) 16, #19 Exhibit(s) 17, #20 Exhibit(s) 18, #21 Exhibit(s) 19, #22 Exhibit(s) 20, #23 Exhibit(s) 21, #24 Exhibit(s) 22a, #25 Exhibit(s) 22b, #26 Exhibit(s) 22c, #27 Exhibit(s) 23, #28 Exhibit(s) 24, #29 Exhibit(s) 25, #30 Exhibit(s) 26, #31 Exhibit(s) 27, #32 Exhibit(s) 28, #33 Exhibit(s) 29, #34 Exhibit(s) 30, #35 Exhibit(s) 31, #36 Exhibit(s) 32, #37 Exhibit(s) 33, #38 Exhibit(s) 34)(Jones, Robert) |
Filing 159 BRIEF IN OPPOSITION re #153 MOTION for Partial Summary Judgment filed by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 158 ANSWER TO STATEMENT OF FACTS re #153 MOTION for Partial Summary Judgment filed by Brad L. Collins, Collins Trucking, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(Narvol, Todd) |
Filing 157 DOCUMENT SEALED (Attachments: #1 Stipulated Protective Order, #2 Exhibit M (Under Seal)) (bg) |
Filing 156 CERTIFICATE OF SERVICE by Daimler Trucks of North America, LLC re #154 Brief in Support of Motion for Summary Judgment, (Lane, Thomas) |
Filing 155 CERTIFICATE OF SERVICE by Daimler Trucks of North America, LLC re #153 MOTION for Partial Summary Judgment (Lane, Thomas) |
DOCKET ANNOTATION: Counsel is advised to file a certificate of service for Doc. 153. (pjr) |
DOCKET ANNOTATION: Counsel is advised to file a certificate of service for Doc. 154. (pjr) |
Filing 154 BRIEF IN SUPPORT re #153 MOTION for Partial Summary Judgment filed by Daimler Trucks of North America, LLC. (Attachments: #1 DeJesus v Knight Industries And Associates Inc, #2 Eastern Elec Corp of NJ v Rumsey Elec Co, #3 Montgomery v Mitsubishi Motors Corp, #4 Muehleisen v Altec Industries Inc, #5 Schrim v Campbell Soup Co, #6 Steffy v The Home Depot Inc, #7 Wetzel v K Mart Corp, #8 LR 7.8 Certification)(Lane, Thomas) |
Filing 153 MOTION for Partial Summary Judgment by Daimler Trucks of North America, LLC. (Attachments: #1 Proposed Order Ex. S, #2 Statement of Material Facts, #3 Exhibit(s) A (PA Crash Report), #4 Exhibit(s) B (J. Walsh Testimony), #5 Exhibit(s) C (F. Arndt Testimony), #6 Exhibit(s) D (Stephens Expert Report), #7 Exhibit(s) E (redacted Invoice), #8 Exhibit(s) F (R Herb Testimony), #9 Exhibit(s) G (Siegler Testimony), #10 Exhibit(s) H (J. Petrone Testimony), #11 Exhibit(s) I (P's 2nd Supp Resp. to DTNA's 1st Interrogatories), #12 Exhibit(s) J (A. Moore Testimony), #13 Exhibit(s) K (Olsen 8-13-16 Report), #14 Exhibit(s) L (Moore Report), #15 Exhibit(s) M (Sealed Exhibit), #16 Exhibit(s) N (D. Horner Testimony), #17 Exhibit(s) O (Cummings' Resp. to DTNA Interrogatories), #18 Exhibit(s) P (Collins Resp. to DTNA Interrogatories), #19 Exhibit(s) Q (P's Supplemental Resp. to Collins Interrogatories), #20 Exhibit(s) R (M. Avery Report), #21 Declaration of Anthony P. Moore, #22 Exhibit(s) A (Moore Expert Report), #23 LR 7.1 Certification, #24 Exhibit(s) A (LR 7.1), #25 Exhibit(s) B (LR 7.1))(Lane, Thomas) |
Filing 152 ORDER granting #151 Motion for Leave to File Excess Pages (eo) |
Filing 151 MOTION to Exceed Page Limitation Motion for Leave to File Overlength Brief on Consent of All Parties by Daimler Trucks of North America, LLC. (Attachments: #1 Exhibit(s) A - Rule 7.1 Certification, #2 Exhibit(s) B - Proposed Order, #3 Certificate of Service)(Lane, Thomas) |
Filing 150 ORDER: re expert deadlines (eo) |
Filing 149 Letter from Thomas S. Lane to Hon. John E. Jones III to extend CMO deadlines. (Attachments: #1 Proposed Order)(Lane, Thomas) |
Filing 148 ORDER granting #134 Motion to Enforce Protective Order (eo) |
Filing 147 ORDER re: extension of deadlines. See order for details. (eo) |
Filing 146 Proposed Pretrial Order for Amended Scheduling Order by Daimler Trucks of North America, LLC, Freightliner, LLC. (Attachments: #1 Proposed Order)(Lane, Thomas) |
Filing 145 REPLY BRIEF re #134 MOTION for Protective Order filed by Deena L. Horner, Michael A. Horner.(Jones, Robert) |
Filing 144 AFFIDAVIT in Support re #134 MOTION for Protective Order filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Affidavit)(Jones, Robert) |
Filing 143 BRIEF IN OPPOSITION re #134 MOTION for Protective Order Opposition to Motion for Protective Order (142) filed by Daimler Trucks of North America, LLC. (Attachments: #1 Local Rule 7.8 (b) Certification, #2 Affidavit Declaration of Colvin Norwood Jr., #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E)(Lane, Thomas) |
Filing 142 BRIEF IN OPPOSITION re #134 MOTION for Protective Order Opposition Brief filed by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 141 ORDER 1. Defendant Daimler Trucks of North America, LLC shall file its briefin response to Plaintiffs brief in support of her motion, (Doc. 137),within three (3) weeks of todays date. 2. Plaintiff may file a reply brief within one (1) week of the filing of Defendant DTNAs brief. (eo) |
Filing 140 Letter from Thomas S. Lane to the Hon. John E. Jones regarding Plaintiff's Motion for a Protective Order. (Lane, Thomas) |
Set/Reset Hearings: Jury Selection reset from 1/4/17 to 1/10/2017 at 9:30 M before Honorable John E. Jones III. (eo) |
Filing 139 SCHEDULING ORDER:1. A telephonic conference call is SCHEDULED for Wednesday, August 10, 2016, at 1:30 p.m. Counsel for Plaintiff shall initiate the call to chambers at 717-221-3986. At the time the call is placed, all counsel shall be on the line and prepared to proceed. 2. Further briefing of the motion is SUSPENDED pending the conference call with the Court. (eo) |
Filing 138 DOCUMENT SEALED - Exhibit B re: #134 Motion for Protective Order. (Attachments: #1 Exhibit(s) Part II, #2 Disc containing videos provided to Chambers) (ve) |
Filing 137 BRIEF IN SUPPORT re #134 MOTION for Protective Order filed by Deena L. Horner.(Jones, Robert) |
Filing 136 CERTIFICATE of Service by Deena L. Horner . (Jones, Robert) |
Filing 135 AFFIDAVIT re #134 MOTION for Protective Order filed by Deena L. Horner of Affiant Peter James "PJ" Leiss. (Attachments: #1 Exhibit(s) CV of Peter Leiss)(Jones, Robert) |
Filing 134 MOTION for Protective Order by Deena L. Horner. (Attachments: #1 Exhibit(s) letters, #2 Exhibit(s) under seal, #3 Exhibit(s) proposed order)(Jones, Robert) |
Filing 133 . (Horn, Robert) |
Filing 132 SCHEDULING ORDER: Pretrial Conference set for 12/1/2016. Jury Selection set for 1/4/2017 (eo) |
Filing 131 Letter from Robert Jones, Esq. regarding dates for Amended CMP . (Jones, Robert) |
Filing 129 SCHEDULING ORDER: Telephone Discovery Conference set for 5/9/2016 01:30 PM before Honorable John E. Jones III. See order for details. (eo) |
Filing 128 Letter from Robert Jones, Esq. requesting conference regarding CMP. (Jones, Robert) |
Filing 127 CASE MANAGEMENT PLAN Amended & jointly filed by Deena L. Horner, Michael A. Horner. (Jones, Robert) |
Filing 126 Letter from Robert Jones, Esq. regarding new Case Management Plan. (Jones, Robert) |
Filing 125 ORDER 1. Plaintiffs appeal of Magistrate Judge Saporitos July 29, 2015 Order is DENIED. 2. Defendant Daimler Trucks North America LLCs appeal of Magistrate Judge Saporitos July 29, 2015 Order is GRANTED in part and DENIED in part. A. DTNAs appeal is GRANTED only to the extent discovery regarding post-crash accident history is limited to accidents in which a fuel tank of the DTNA vehicle was punctured or breached. B. The appeal is otherwise DENIED. (eo) |
Filing 124 SPECIAL ADMISSIONS FORM APPROVED as to Charles E. Graney (eo) |
Filing 123 MOTION to Appear Pro Hac Vice - Attorney Charles Graney is seeking special admission. Filing fee $ 50, receipt number 0314-3578649. by Daimler Trucks of North America, LLC. (Attachments: #1 Certificate of Service)(Graney, Charles) |
Filing 122 REPLY by Deena L. Horner, Michael A. Horner. to #115 Objections,, in support of Objections to Judge Saporito's Decision and Order. (Jones, Robert) |
DOCKET ANNOTATION: Counsel is advised to re-file Doc. 121 using the event: Civil Events -> Other Filings -> Other Documents-Includes Social Security Transcript and Brief Events ->Reply (Do not use this event if your document is a Brief). (ve) |
Filing 121 PLAINTIFF'S REPLY BRIEF in Support of her Objections by Deena L. Horner, Michael A. Horner as to #118 Response. (Attachments: #1 Certificate of Service)(Jones, Robert) |
Filing 120 REPLY by Daimler Trucks of North America, LLC. to #99 Order (memorandum filed previously as separate docket entry),,,,,,,, . (Attachments: #1 Local Rule 7.8(b) Certification, #2 Certificate of Service)(Lane, Thomas) |
DOCKET ANNOTATION: Counsel is advised to re-file Doc. 117 using the event Response. (ve) |
DOCKET ANNOTATION: Doc. 117 deleted and re-filed as Doc. 119. (ve) |
Filing 119 PLAINTIFF'S RESPONSE to DTNA's #114 Objections filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Certificate of Service)(ve) |
Filing 118 RESPONSE by Daimler Trucks of North America, LLC to #115 Objections,, . (Attachments: #1 Local Rule 7.8(b) Certification, #2 Certificate of Service)(Lane, Thomas) |
Filing 116 MEMORANDUM OF LAW by Deena L. Horner, Michael A. Horner re #115 Objections,, in support of Written Statement of Appeal. (Jones, Robert) |
Filing 115 OBJECTIONS by Deena L. Horner, Michael A. Horner. to #99 Order (memorandum filed previously as separate docket entry),,,,,,,, . (Attachments: #1 Affidavit Frederick Arndt, #2 Exhibit(s) Table of Contents for Exhibits, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3, #6 Exhibit(s) 4, #7 Exhibit(s) 5, #8 Exhibit(s) 6, #9 Exhibit(s) 7, #10 Exhibit(s) 8, #11 Exhibit(s) 9, #12 Exhibit(s) 10, #13 Exhibit(s) 11, #14 Certificate of Service)(Jones, Robert) |
Filing 114 OBJECTIONS by Daimler Trucks of North America, LLC. to #99 Order (memorandum filed previously as separate docket entry),,,,,,,, Written Statement of Appeal. (Attachments: #1 Brief in Support of Objections, #2 Exhibit(s) A, #3 Rule 7.8(b) Certification, #4 Certificate of Service)(Lane, Thomas) |
Filing 113 NOTICE of Appearance by John R Freeman on behalf of Joseph D. Cummings (Freeman, John) |
Filing 112 CASE MANAGEMENT PLAN Amended Proposed by Deena L. Horner, Michael A. Horner. (Jones, Robert) |
Filing 111 SPECIAL ADMISSIONS FORM APPROVED as to John R. Freeman (eo) |
DOCKET ANNOTATION: Counsel is advised to re-file Doc. 110 using the event Civil Events -> Court Events -> Other Events ->Petition for Special Admission - Pro Hac Vice (ve) |
Filing 110 Petition Pro Hac Vice on behalf of John Freeman, filed by Joseph D. Cummings.(Horn, Robert) |
Filing 109 ORDER re: Exceeding word limit. (eo) |
Filing 108 by Daimler Trucks of North America, LLC. #107 Order on Motion for Leave to File Excess Pages . (Lane, Thomas) |
Filing 107 ORDER granting #102 Motion for Leave to File Excess Pages (eo) |
Filing 106 ORDER granting #103 Motion to Extend Time (eo) |
Filing 105 by Daimler Trucks of North America, LLC. #103 MOTION for Extension of Time to to file objections to Magistrate Judge's July 29, 2015 Order Corrected Proposed Order to Dkt. 103. (Lane, Thomas) |
Filing 104 Order by Daimler Trucks of North America, LLC. #103 MOTION for Extension of Time to to file objections to Magistrate Judge's July 29, 2015 Order Proposed Order to Dkt. 103. (Lane, Thomas) |
Filing 103 MOTION for Extension of Time to to file objections to Magistrate Judge's July 29, 2015 Order by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 102 MOTION to Exceed Page Limitation by Daimler Trucks of North America, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Certificate of Service)(Lane, Thomas) |
Filing 101 Letter requesting extension. (Jones, Robert) |
Filing 100 ORDER directing parties to stipulate to new case management plan w/in 10 days of today's date, noting Court's calendars for 2015 & 2016 are attached. (See order for complete details.)Signed by Honorable John E. Jones, III on 7/30/15. (ki) |
Filing 99 ORDER (memorandum filed previously as separate docket entry). upon consideration of the motion to compel (Doc. 67) filed by the plaintiff and the motion to enforce protective order (Doc. 68) filed by Daimler Trucks North America, LLC (DTNA), the submissions of the parties, and after oral argument it is hereby ORDERED as follows:1.The plaintiffs motion to compel (Doc. 67) is GRANTED in part and DENIED in part. A.The plaintiffs motion is GRANTED with respect to all discovery concerning (i) commercial tractor-trailer truck models beyond the subject truck, the 2007 Freightliner CL-120 Class 8 tractor, (ii) tractor-trailer trucks designed and manufactured for United States military use, and (iii) the Freightliner Revolution concept truck. Relevance objections by DTNA with respect thereto are OVERRULED.B.The plaintiffs motion is DENIED with respect to all discovery concerning: (i) trucks powered by compressed natural gas and liquified natural gas, and (ii) all other types of trucks, including school buses, ambulances, and step vans. Relevance objections by DTNA are SUSTAINED.C.The plaintiffs motion is GRANTED with respect to discovery of post-crash accident investigation relating to fuel-fed fires not only for DTNAs Class 8 tractor trailers with side-saddle fuel tanks, but also for those vehicle types identified in paragraph 1A of this order from 1985 through 2007. Relevance objections by DTNA are OVERRULED.D.The plaintiffs motion is GRANTED with respect to discovery for cost information per vehicle of the side-saddle fuel tanks and the mounting devices/hardware not only for DTNAs Class 8 commercial tractor-trailers with side-saddle fuel tanks, but also for those vehicle types identified in paragraph 1A of this order. Relevance objections by DTNA are OVERRULED.2.DTNAs motion to enforce protective order (Doc. 68) is GRANTED in part and DENIED in part. A.The motion is GRANTED in that the stipulated protective order shall be and remain in full force and effect as to all documents that are of a confidential and proprietary nature as to DTNA. B.The motion is DENIED as to those documents which are already in the public domain.Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/29/15. (ms) |
Filing 98 MEMORANDUM (Order to follow as separate docket entry)re: Plaintiffs' motion to compel discovery (Doc. 67) and Defendants' motion to enforce protective order (Doc. 68). Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/29/15. (ms) |
Filing 97 Letter from Thomas S. Lane, Esq. to Hon. Magistrate Judge Joseph F. Saporito regarding Dckt 95 and Dckt 96. (Lane, Thomas) |
Filing 96 Letter from Robert R. Jones objecting to DTNA's request to hold in abeyance decision on motions . (Jones, Robert) |
Filing 95 Letter from Thomas S. Lane, Esq. to Hon. Magistrate Judge Joseph F. Saporito. (Lane, Thomas) |
Filing 94 ORDER SUSPENDING SCHEDULING DEADLINES - all scheduling deadlines are suspended until resolution of the pending motion to compel discovery (Doc. 67) and motion to enforce protective order (Doc. 68). Thereafter, the Court shall reestablish deadlines. Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/9/15. (ms) |
Filing 92 AFFIDAVIT in Opposition re #67 MOTION to Compel Discovery Affidavit of Anthony P. Moore filed in opposition to plaintiff's motion to compel and pursuant to Court Order filed under Docket 91 filed by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 91 ORDER DENYING DTNA's request to strike the affidavit of Erin M. Shipp, P.E. (Doc. 88). See Order for complete details.Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/18/15. (ms) |
Filing 90 Letter from Thomas S. Lane to Hon. Magistrate Judge Joseph F. Saporito. (Lane, Thomas) |
Filing 89 Letter from Robert Jones to Judge Saporito. (Jones, Robert) |
Filing 88 Letter from Thomas S. Lane, Esq. to Hon. Magistrate Judge Joseph F. Saporito. (Lane, Thomas) |
Filing 87 REPLY BRIEF re #68 MOTION to Enforce Protective Order filed by Daimler Trucks of North America, LLC. (Attachments: #1 Certificate of Service)(Lane, Thomas) |
Filing 86 REPLY BRIEF re #67 MOTION to Compel Discovery filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Affidavit Affidavit of Erin Shipp, #2 Table of Contents for Exhibits, #3 Exhibit(s) Exhibit 1, #4 Exhibit(s) Exhibit 2, #5 Exhibit(s) Exhibit 3, #6 Exhibit(s) Exhibit 4, #7 Exhibit(s) Exhibit 5, #8 Exhibit(s) Exhibit 5A, #9 Exhibit(s) Exhibit 6, #10 Exhibit(s) Exhibit 7, #11 Certificate of Service)(Jones, Robert) |
Filing 85 Letter Supplement to Plaintiff's Doc. 67 Motion to Compel. (Attachments: #1 Certificate of Service)(Jones, Robert) |
Filing 84 ORDER - 1) Plaintiff's request to include in her Doc. 67 moton to compel another discovery dispute which has arisen between the same parties (Doc. 80) is GRANTED. 2) Plaintiff shall submit the supplement to her Doc. 67 Motion to Compel, in letter form via an ECF filing entitled "Supplement to Plaintiff's Doc. 67 Motion to Compel" on or before June 10, 2015. 3) Defendants may file a response to the supplement on or before June 17, 2015. Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/5/15. (ms) |
Filing 83 NOTICE of Appearance by Robert F. Horn on behalf of Joseph D. Cummings (Horn, Robert) |
Filing 82 SCHEDULING ORDER: Defendants' requests for oral argument (Doc. 68, p. 4 and Doc. 76-1, par. 39) are GRANTED. The Court shall hear oral argument on the plaintiffs' Doc. 67 motion to compel discovery and the defendants' Doc. 68 motion to enforce Protective Order on 7/8/2015 02:00 PM in Wilkes-Barre - Courtroom 1 before Magistrate Judge Joseph F. Saporito Jr.Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/2/15. (ms) |
Filing 81 ORDER - defendants' request for leave to file a reply brief with respect to defendants' motion to enforce Protective Order (Doc. 78) is GRANTED. Defendants may file a reply brief with respect to their Doc. 68 motion to enforce Protective Order on or before June 10, 2015. Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/2/15. (ms) |
Filing 80 Letter requesting permission to supplement motion to compel. (Jones, Robert) |
Filing 79 ORDER granting Plaintiff's request for leave to file a reply brief with respect to plaintiff's motion to compel (Doc. 77). Plaintiff may file a reply brief with respect to her motion to compel (Doc. 67) on or before June 10, 2015. Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/2/15. (ms) |
Filing 78 Letter from Thomas S. Lane, Esq. to Hon. Magistrate Judge Joseph F. Saporito. (Lane, Thomas) |
Filing 77 Letter requesting leave to file a reply brief. (Jones, Robert) |
Filing 76 BRIEF IN OPPOSITION re #67 MOTION to Compel Discovery filed by Daimler Trucks of North America, LLC. (Attachments: #1 Response to Motion to Compel, #2 Affidavit of Anthony Moore, #3 Affidavit of Charles "Rocky" Blakewood, #4 Local Rule 7.8 Certification, #5 Certificate of Service)(Lane, Thomas) |
Filing 75 BRIEF IN OPPOSITION re #68 MOTION to Enforce Protective Order filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Certificate of Service)(Jones, Robert) |
Filing 74 ORDER granting #73 Motion for Leave to File Excess Pages. DTNA may file a brief, not to exceed 7,000 words in length, in support of its opposition to plaintiff's motion to compel. Signed by Magistrate Judge Joseph F. Saporito, Jr on 5/27/15 (ms) |
Filing 73 MOTION to Exceed Page Limitation by Daimler Trucks of North America, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Lane, Thomas) |
Filing 72 BRIEF IN SUPPORT re #68 MOTION to Enforce Protective Order filed by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 71 Exhibit A by Daimler Trucks of North America, LLC. #68 MOTION to Enforce Protective Order. Two CDs to chambers with this document. (kc) |
Filing 70 LETTER from Attorney Dylan re: Exhibit A to Deft Daimler Trucks North America LLC's Motion to Enforce Protective Order.This relates to document #68. (kc) |
Filing 69 BRIEF IN SUPPORT re #67 MOTION to Compel Discovery filed by Deena L. Horner, Michael A. Horner.(Jones, Robert) |
DOCKET ANNOTATION: Counsel is advised to refile their Brief in Support to documents 67 & 68 as seperate documents. This event can be located under Responses and Replies. (aaa) |
Filing 68 MOTION to Enforce Protective Order by Daimler Trucks of North America, LLC. (Attachments: #1 Exhibit(s) A-Filed Under Seal, #2 Exhibit(s) B-Correspondence, #3 Exhibit(s) C-Proposed Order, #4 Brief in Support, #5 Affidavit, #6 Certificate of Service)(Lane, Thomas) |
Filing 67 MOTION to Compel Discovery by Deena L. Horner, Michael A. Horner. (Attachments: #1 Exhibit(s) Table of Contents for Exhibits, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Exhibit(s) Exhibit D, #6 Exhibit(s) Exhibit E, #7 Exhibit(s) Exhibit F, #8 Exhibit(s) Exhibit G, #9 Exhibit(s) Exhibit H, #10 Exhibit(s) Exhibit I, #11 Exhibit(s) Exhibit J, #12 Exhibit(s) Exhibit K, #13 Exhibit(s) Exhibit L, #14 Exhibit(s) Exhibit M, #15 Exhibit(s) Exhibit N, #16 Exhibit(s) Exhibit O, #17 Exhibit(s) Exhibit P, #18 Memo Memorandum of Law, #19 Certificate of Service)(Jones, Robert) |
Filing 66 ORDER granting #65 Motion for Leave to File Excess Pages. Plaintiff may file a memorandum of law, not to exceed 20 pages in length, in support of her motion to compel. Signed by Magistrate Judge Joseph F. Saporito, Jr on 5/13/15 (ms) |
Filing 65 MOTION to Exceed Page Limitation by Deena L. Horner, Michael A. Horner. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Jones, Robert) |
Filing 64 ORDER - the Doc. 62 request by plaintiffs' counsel to shorten the deadlines set forth in the Order of 4/30/15 (Doc. 61) is DENIED. The deadlines set forth in the Order shall remain in effect. If necessary, counsel for the parties may motion the Court to extend the remaining case deadlines as the case progresses and circumstances change. Signed by Magistrate Judge Joseph F. Saporito, Jr on 5/4/15. (ms) |
Filing 63 Letter from Thomas S. Lane to Hon. Magistrate Judge Joseph F. Saporito in response to Dkt 62 (plaintiff's correspondence). (Lane, Thomas) |
Filing 62 Letter from Robert R. Jones . (Jones, Robert) |
Filing 61 ORDER - 1) All discovery motions with respect to the unresolved issues identified in the joint status report (with the exception of interrogatories 1, 32 and 33), together with supporting briefs, shall be filed on or before May 18, 2015. (2) Opposition briefs shall be filed on or before May 29, 2015.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/30/15. (ms) |
Filing 60 Letter from Thomas S. Lane to Hon. Magistrate Judge Saporito per Court Order (Dkt 59). (Attachments: #1 Certificate of Service)(Lane, Thomas) |
Filing 59 ORDER - On or before April 29, 2015, counsel for Daimler shall confer with his client and report back to the Court by letter with respect to the status of the various discovery issues detailed in the parties' joint status report of April 17, 2015. (Doc. 57). Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/21/15. (ms) |
Filing 57 STATUS REPORT to Judge Saporito by Daimler Trucks of North America, LLC, Deena L. Horner. (Jones, Robert) |
Filing 56 ORDER granting #55 Motion for Extension of Time to File Joint Status Report. Joint Status Report due by COB 4/17/15.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/17/15 (ms) |
Filing 55 MOTION for Extension of Time to File Status Report by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 54 NOTICE of Appearance by Ann M Delcollo on behalf of Joseph D. Cummings (Delcollo, Ann) |
Filing 53 SCHEDULING ORDER: Telephone Discovery Conference set for 4/21/2015 11:00 AM before Magistrate Judge Joseph F. Saporito Jr. Conference to be initiated by counsel for Plaintiffs. Counsel to confer to review all outstanding discovery disputes and try to resolve them, and are to file with the Court 5 days prior to the conference a joint status report detailing discovery issues still in dispute and discovery issues which have been resolved. See Order for complete details. Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/7/15. (ms) |
Filing 52 ORDER REFERRING CASE to Magistrate Judge Joseph F. Saporito, Jr. for the purpose of resolving a discovery dispute between the parties. Signed by Chief Magistrate Judge Martin C. Carlson on April 1, 2015. (kjn) |
Filing 51 ORDER REFERRING case to Chief Magistrate Judge Carlson for referral of matters to U.S. Magistrate Judge. (eo) |
Filing 50 Letter from Thomas S. Lane, Esq. RE: Discovery Dispute. (Lane, Thomas) |
Filing 49 Letter from Plaintiff's Counsel Robert R. Jones requesting discovery conference with Court. (Jones, Robert) |
Filing 48 ORDER Defendants Motion for Reconsideration, Or, In the Alternative, Motion to Certify an Interlocutory Appeal, (Doc. 43), is DENIED (eo) |
Filing 47 ORDER granting #46 Motion for Extension of Trial Term to April 2016. See order for deadlines. (eo) |
Set/Reset Hearings: Jury Selection set for 4/4/2016 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 3/1/2016 (eo) |
Filing 46 First MOTION for Extension of Time to Complete Discovery by Deena L. Horner, Michael A. Horner. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order, #3 Certificate of Service)(Jones, Robert) |
Filing 45 BRIEF IN OPPOSITION re #43 MOTION for Reconsideration or in the Alternative, Motion to Certify an Interlocutory Appeal MOTION to Certify filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Certificate of Service)(Jones, Robert) |
Filing 44 BRIEF IN SUPPORT re #43 MOTION for Reconsideration or in the Alternative, Motion to Certify an Interlocutory Appeal MOTION to Certify filed by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 43 MOTION for Reconsideration or in the Alternative, Motion to Certify an Interlocutory Appeal, MOTION to Certify by Brad L. Collins, Collins Trucking, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order)(Narvol, Todd) |
Filing 42 ORDER 1. Defendants Motion to Add Party under Rule 21 and ExerciseSupplemental Jurisdiction (Doc. 17) is DENIED. 2. Defendants Second Motion to Add Party under Rule 21 and Exercise Supplemental Jurisdiction (Doc. 19) is DENIED.(eo) |
Filing 41 DISCLOSURE REPORT by Joseph D. Cummings by Joseph D. Cummings. (Attachments: #1 Exhibit)(Delcollo, Ann) |
Filing 40 Cummings ANSWER to #25 Answer to Amended Complaint, Crossclaim of Defendant, Damiler by Joseph D. Cummings.(Delcollo, Ann) |
Filing 39 Joseph Cummings ANSWER to #24 Answer to Amended Complaint, Crossclaim,, Crossclaim of Defendant Collins by Joseph D. Cummings.(Delcollo, Ann) |
Filing 38 Order approving re #37 Stipulation (eo) |
Filing 37 STIPULATION Stipulated Protective Order by Daimler Trucks of North America, LLC. (Lane, Thomas) |
Filing 36 Order #2- STANDING PRACTICE ORDER (eo) |
Filing 35 ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 12/2/2015 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 11/2/2015. See order for all deadlines.(eo) |
Filing 33 Defendants ANSWER to #29 Answer to Amended Complaint, Crossclaim of Defendant Joseph Cummings by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 32 ANSWER to #29 Answer to Amended Complaint, Crossclaim of Cummings by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 31 CASE MANAGEMENT PLAN by Deena L. Horner, Michael A. Horner. (Jones, Robert) |
Filing 30 REPLY BRIEF re #17 First MOTION for Joinder filed, #19 Second MOTION for Joinder filed in Support to Add Mrazik and Verizon filed by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 29 Joseph D. Cummings ANSWER to #16 Amended Complaint Of Plaintiff, Amended CROSSCLAIM against All Defendants by Joseph D. Cummings.(Delcollo, Ann) |
Filing 28 SCHEDULING ORDER: Case Management Conference reset for 7/1/2014 09:15 AM before Honorable John E. Jones III. (eo) |
Filing 27 AFFIDAVIT in Opposition re #17 First MOTION for Joinder filed, #19 Second MOTION for Joinder filed filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Memorandum of Law in Opposition, #2 Certificate of Service)(Jones, Robert) |
Filing 26 ANSWER to #24 Answer to Amended Complaint, Crossclaim,, of Brad L. Collins and Collins Trucking, Inc.'s by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 25 ANSWER to #16 Amended Complaint , CROSSCLAIM against Brad L. Collins, Collins Trucking, Inc., Joseph D. Cummings by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 24 Brad Collins' and Collins Trucking, Inc.'s Affirmative Defenses and ANSWER to #16 Amended Complaint by Plaintiff, CROSSCLAIM against Joseph D. Cummings, Daimler Trucks of North America, LLC, Freightliner, LLC by Collins Trucking, Inc., Brad L. Collins.(Narvol, Todd) |
Filing 23 BRIEF IN SUPPORT of Motion to Add Party Verizon re #19 Second MOTION for Joinder filed filed by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 22 BRIEF IN SUPPORT of Motion to Add Party Mrazik re #19 Second MOTION for Joinder filed filed by Brad L. Collins, Collins Trucking, Inc.. (Attachments: #1 Exhibit(s))(Narvol, Todd) |
Filing 21 ANSWER to #15 Answer to Complaint, Crossclaim Reply to Joseph D. Cummings; Cross-Claim by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 20 EXHIBIT in support of Motion to Add Party by Brad L. Collins, Collins Trucking, Inc. re #17 First MOTION for Joinder filed. (Narvol, Todd) |
Filing 19 Second MOTION for Joinder filed by Brad L. Collins, Collins Trucking, Inc.. (Attachments: #1 Exhibit(s) In Support of Second Motion)(Narvol, Todd) |
DOCKET ANNOTATION: AT the request of counsel Doc. 18 deleted and to be refiled. (pjr) |
Filing 17 First MOTION for Joinder filed by Brad L. Collins, Collins Trucking, Inc..(Narvol, Todd) |
Filing 16 AMENDED COMPLAINT against All Defendants, filed by Michael A. Horner, Deena L. Horner. (Attachments: #1 Certificate of Service)(Jones, Robert) |
SPECIAL ADMISSION FORM SENT to Attorney Delcollo. (ch1) |
Filing 15 Joseph Cummings ANSWER to #1 Complaint with new matter and New Matter, CROSSCLAIM against Brad L. Collins, Collins Trucking, Inc., Daimler Trucks of North America, LLC by Joseph D. Cummings.(Delcollo, Ann) |
Filing 14 NOTICE of Appearance by Ann M Delcollo on behalf of Joseph D. Cummings (Delcollo, Ann) |
Filing 13 Corporate Disclosure Statement by Daimler Trucks of North America, LLC identifying Corporate Parent Daimler North America Corporation, Other Affiliate Daimler AG for Daimler Trucks of North America, LLC.. (Lane, Thomas) |
Filing 12 ANSWER to #1 Complaint , CROSSCLAIM against Brad L. Collins, Collins Trucking, Inc., Joseph D. Cummings by Daimler Trucks of North America, LLC.(Lane, Thomas) |
Filing 11 SPECIAL ADMISSIONS FORM APPROVED as to Thomas S. Lane. Walter F. Casper added as associate counsel. Signed by Honorable John E. Jones, III on 5/7/14. (pw) |
Filing 10 SPECIAL ADMISSIONS FORM APPROVED as to Kevin Szanyi. Walter F. Casper added as associate counsel. Signed by Honorable John E. Jones, III on 5/7/14. (pw) |
Filing 9 ORDER granting #7 Motion for Extension of Time to Answer. Brad L. Collins answer due 5/31/2014; Collins Trucking, Inc. answer due 5/31/2014. Signed by Honorable John E. Jones, III on 5/7/14 (pw) |
Filing 8 SUMMONS Returned Executed by Deena L. Horner, Michael A. Horner. Brad L. Collins served on 4/17/2014, answer due 5/8/2014; Collins Trucking, Inc. served on 4/17/2014, answer due 5/8/2014; Joseph D. Cummings served on 4/17/2014, answer due 5/8/2014; Daimler Trucks of North America, LLC served on 4/16/2014, answer due 5/7/2014; Freightliner, LLC served on 4/21/2014, answer due 5/12/2014. (Attachments: #1 Affidavit of Service - Collins Trucking, #2 Affidavit of Service - Brad Collins, #3 Affidavit of Service - Daimler, #4 Affidavit of Service - Freightliner)(Jones, Robert) |
Filing 7 First MOTION for Extension of Time to File Answer re #1 Complaint filed by Brad L. Collins, Collins Trucking, Inc.. (Attachments: #1 Proposed Order Extension of Time to Answer Plaintiff's Complaint)(Narvol, Todd) |
DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa) |
Filing 6 MOTION to Appear Pro Hac Vice - Attorney Kevin Szanyi is seeking special admission. Filing fee $ 50, receipt number 0314-3093587. by Daimler Trucks of North America, LLC. (Attachments: #1 Certificate of Service)(Szanyi, Kevin) |
Filing 5 MOTION to Appear Pro Hac Vice - Attorney Thomas Lane is seeking special admission. Filing fee $ 50, receipt number 0314-3093552. by Daimler Trucks of North America, LLC. (Attachments: #1 Certificate of Service)(Lane, Thomas) |
Filing 4 SCHEDULING ORDER: Case Management Conference set for 6/30/2014 10:15 AM before Honorable John E. Jones III. (eo) |
Filing 3 SCHEDULING ORDER: Case Management Conference set for 6/30/2014 (eo) |
SPECIAL ADMISSION FORM emailed to Attorney Robert Jones (lg) |
DOCKET ANNOTATION: No admission papers required of Attorney Jones as he was admitted to practice on 4/3/14 in Scranton. (lg) |
Receipt of payment from COUGHLIN AND GERHART LLP in the amount of $400.00 for CIVIL FILING FEE. Transaction posted on 4/3/2014. Receipt number 333037017 processed by gangeli. (jjs, ) |
Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 333 037017), filed by Deena L. Horner, Michael A. Horner. (Attachments: #1 Civil Cover Sheet)(aaa) |
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