BIGLER BOYZ ENVIRO, INC. v. CLEAN FUELS OF INDIANA, INC. et al
| BIGLER BOYZ ENVIRO, INC. |
| WAL-MART, INC., CLEAN FUELS OF INDIANA, INC., WAL-MART STORES EAST, INC. and WAL-MART STORES |
| 3:2019cv00170 |
| October 18, 2019 |
| US District Court for the Western District of Pennsylvania |
| Kim R Gibson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 BRIEF in Opposition re #20 Motion to Dismiss for Failure to State a Claim, #22 Motion to Dismiss for Failure to State a Claim, filed by CLEAN FUELS OF INDIANA, INC.. (Horne, James) |
| Filing 26 RESPONSE IN OPPOSITION to #20 Motion to Dismiss for Failure to State a Claim,, filed by BIGLER BOYZ ENVIRO, INC.. (Zwick, Matthew) |
Filing 25
INITIAL SCHEDULING ORDER: The parties shall move to amend the pleadings or add new parties within 14 days after the Court issues a ruling on Walmart's Motion to Dismiss. The parties shall complete all fact discovery by 5/1/2020. A Post-Discovery Status Conference is scheduled for 6/8/2020, at 11:00 a.m., and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 12/9/2019. (dlg)
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| Filing 24 Minute Entry for proceedings held before Judge Kim R. Gibson: An initial Rule 16 conference was held with counsel appearing by telephone on 12/6/2019. The Court began by discussing the pending Motion to Dismiss and its impact on an initial scheduling order. Counsel also gave a brief overview of the case and their clients' respective positions. The parties agreed that a May 1, 2020 deadline to complete discovery would be appropriate if an initial scheduling order was issued the following week. Next, the Court the timing of motions and responses with respect to Defendant Clean Fuels' Crossclaim. The Court then discussed the ADR stipulation and parties agreed to complete ADR within 90 days of the Court's order on the Motion to Dismiss. No further issues were discussed and the conference concluded. (Court Reporter: None) (dlg) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #22 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney is advised that, in the future, Briefs in Support should be filed as separate documents and not as attachments to the motion. Clerk of Court docketed Brief in Support of Motion. This message is for informational purposes only. (cel) |
| Filing 23 BRIEF in Support re #22 Motion to Dismiss for Failure to State a Claim, filed by WAL-MART STORES EAST, INC., WAL-MART, INC. (This document was previously filed electronically.) (cel) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WAL-MART STORES EAST, INC., WAL-MART, INC. (Attachments: #1 Proposed Order, #2 (this attachement was removed from public view), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Certificate of Service) (Bench, Douglas) Modified text on 12/10/2019. (cel) |
| Filing 21 Proposed Initial Scheduling Order by WAL-MART STORES EAST, INC., WAL-MART, INC.. (Bench, Douglas) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WAL-MART STORES EAST, INC., WAL-MART, INC.. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F) (Bench, Douglas) |
| Filing 19 ANSWER to #13 Amended Complaint , CROSSCLAIM against WAL-MART STORES EAST, INC., WAL-MART, INC. by CLEAN FUELS OF INDIANA, INC.. (Horne, James) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (Bench, Douglas) |
| Filing 17 STIPULATION selecting ADR process by WAL-MART STORES EAST, INC., WAL-MART, INC.. (Bench, Douglas) |
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Filing 16
ORDER denying as moot #2 Motion to Dismiss for Failure to State a Claim due to the filing of Plaintiff's First Amended Complaint (ECF No. #13 . Signed by Judge Kim R. Gibson on 11/14/2019. (dlg)
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Filing 15
ORDER - Pursuant to Local Rule 16.1 and 16.2, an Initial Rule 16 Case Management Conference shall be held on 12/6/2019 at 11:00 AM before Judge Kim R. Gibson. Trial counsel and all unrepresented parties shall be available for the conference. The Court has no objection to telephone conferences for the Initial Case Management Conference. However, if a telephone conference is preferred, please FAX a request in writing at least 2 days prior to the scheduled conference. It is the responsibility of counsel to coordinate the call to the Judge's Chambers, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 11/14/2019. (Attachments: #1 Exhibit "A" - Stipulation Selecting ADR Process, #2 Exhibit "B" - Fed.R.Civ.P. 26(f) Report, #3 Exhibit "C" - Initial Scheduling Order). (dlg)
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| NOTICE of Hearing: Initial Case Management Conference scheduled for 12/5/2019 is RESCHEDULED to 12/6/2019, at 11:00 a.m. before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) |
| Filing 14 Disclosure Statement identifying None as corporate parent or other affiliate, by BIGLER BOYZ ENVIRO, INC.. (Zwick, Matthew) |
| Filing 13 First AMENDED COMPLAINT against All Defendants filed by BIGLER BOYZ ENVIRO, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Zwick, Matthew) Modified text on 11/12/2019. (cel) |
| Filing 12 NOTICE of Appearance by Gregory D. Sobol on behalf of BIGLER BOYZ ENVIRO, INC.. (Sobol, Gregory) |
| Filing 11 NOTICE of Appearance by Madison V. Greenland on behalf of CLEAN FUELS OF INDIANA, INC.. (Greenland, Madison) |
| Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by CLEAN FUELS OF INDIANA, INC.. (Horne, James) |
| Filing 9 NOTICE of Appearance by James M. Horne on behalf of CLEAN FUELS OF INDIANA, INC.. (Horne, James) |
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Filing 8
ORDER granting #7 Motion for Short Extension of Time to Respond to Motion to Dismiss for Failure to State a Claim Filed by Defendants. Plaintiff shall respond to the aforesaid Motion to Dismiss on or before 11/15/2019. Signed by Judge Kim R. Gibson on 11/6/2019. (dlg)
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| Filing 7 First MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by BIGLER BOYZ ENVIRO, INC.. (Attachments: #1 Proposed Order) (Zwick, Matthew) |
| Filing 6 NOTICE of Appearance by Douglas J. Bench, Jr on behalf of WAL-MART STORES EAST, INC., WAL-MART, INC.. (Bench, Douglas) |
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Filing 4
CASE MANAGEMENT ORDER - Case Management Conference set for 12/5/2019 at 2:00 p.m. in Courtroom A - Johnstown before Judge Kim R. Gibson, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 10/22/2019. (Attachments: #1 Exhibit "A" Stipulation, #2 Exhibit "B" Report, #3 Exhibit "Order") (krh)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney is advised that, in the future, documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion. This message is for informational purposes only. (cel) |
| Filing 3 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh) |
| Filing 2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WAL-MART STORES EAST, INC., WAL-MART, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit Notices) (Bench, Douglas) |
| Filing 1 NOTICE OF REMOVAL from The Court of Common Pleas of Clearfield County, case number 2019-1500-C.D. with Jury Demand (Filing fee, including Administrative fee, $400, receipt number 0315-5325706) filed by WAL-MART STORES EAST, INC., WAL-MART, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Notices) (cel) |
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