Pagliaroni, et al v. Mastic Home Exteriors, Inc., et al
| MELISA BURNETT, on behalf of herself and all others similarly situated |
| PLY GEM HOLDINGS, INC. |
| JOHN COSTELLO, on behalf of himself and all others similarly situated, VICKI O'BRIEN, on behalf of herself and all others similarly situated, CATHERINE LYNCH, on behalf of herself and all others similarly situated and ANTHONY D. PAGLIARONI, on behalf of himself and all others similarly situated |
| MASTIC HOME EXTERIORS, INC. and DECEUNINCK NORTH AMERICA, LLC |
| EXPONENT, INC. |
| 15-8041 |
| October 8, 2015 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| JUDGMENT entered by Jeffrey R. Howard, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and David J. Barron, Appellate Judge. Pursuant to Fed. R. Civ. P. 23(f), the plaintiff-petitioners seek leave from this court to appeal the district court's denial of their motion for class certification. The requirements for interlocutory review of class action determinations are stringent, and, in our view, they have not been met here. See Waste Mgmt. Holdings, Inc. v. Mowbray , 208 F.3d 288, 293-94 (1st Cir. 2000) (setting out factors to be considered when deciding whether to allow review pursuant to Rule 23(f)). Specifically, we conclude that the plaintiff-petitioners have failed to demonstrate that the district court's Rule 23 analysis was sufficiently "questionable." Id . at 293. Accordingly, the petition for leave to appeal is DENIED .[15-8041] (TS) [Entered: 04/12/2016 03:17 PM] |
| CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Jeffrey R. Howard, Chief Appellate Judge; David J. Barron, Appellate Judge. [15-8041] (SBT) [Entered: 05/23/2016 11:57 AM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Clayton D. Halunen, Michael McShane, William H. Anderson, Bonnie Prober and Brendan Thompson. [15-8041] (DK) [Entered: 11/19/2015 11:11 AM] |
| NOTICE allowing request for removal from service list. The following attorneys have been removed from the service list for this case: Brandon Taylor Scruggs for Exponent, Inc.. [15-8041] (AS) [Entered: 11/06/2015 09:49 AM] |
| NOTICE requesting removal from the service list filed by Attorney Lisa M. Tittemore for Not Party Exponent, Inc.. Certificate of service dated 11/06/2015. [15-8041] (LMT) [Entered: 11/06/2015 12:29 PM] |
| NOTICE allowing request for removal from service list. The following attorneys have been removed from the service list for this case: Lisa M. Tittemore for Exponent, Inc.. [15-8041] (AS) [Entered: 11/06/2015 01:00 PM] |
| NOTICE requesting removal from the service list filed by Attorney Brandon Taylor Scruggs for Not Party Exponent, Inc.. Certificate of service dated 11/05/2015. [15-8041] (BTS) [Entered: 11/05/2015 01:52 PM] |
| NOTICE requesting removal from the service list filed by Attorney Lisa M. Tittemore for Not Party Exponent, Inc.. Certificate of service dated 11/05/2015. [15-8041] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (November 10, 2015). (BTS) [Entered: 11/05/2015 01:52 PM] |
| NOTICE issued. After 11/13/2015, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Clayton D. Halunen, Kate R. Isley, Michael McShane, Lisa M. Tittemore, William H. Anderson, Scott A. Moriarity, Bonnie Prober, Brendan Thompson, and Melissa Wolchansky. [15-8041] (DK) [Entered: 10/30/2015 05:52 PM] |
| NOTICE of appearance on behalf of Petitioners John Costello, Catherine Lynch, Vicki O'Brien and Anthony D. Pagliaroni filed by Attorney Scott Moriarity. [15-8041] (SAM) [Entered: 10/22/2015 12:13 PM] |
| CORPORATE disclosure statement filed by Respondents Deceunick North America, LLC and Mastic Home Exteriors, Inc. [15-8041] (DK) [Entered: 10/20/2015 12:17 PM] |
| ANSWER filed by Respondents Deceunick North America, LLC and Mastic Home Exteriors, Inc. to miscellaneous case docketed [ # 5943757-2 ]. [15-8041] (DRF) [Entered: 10/20/2015 12:06 PM] |
| NOTICE of appearance on behalf of Respondent Deceunick North America, LLC filed by Attorney Matthew Ridings. Certificate of service dated 10/19/2015. [15-8041] (MDR) [Entered: 10/19/2015 11:37 AM] |
| NOTICE of appearance on behalf of Respondent Deceunick North America, LLC filed by Attorney William J. Hubbard. Certificate of service dated 10/19/2015. [15-8041] (WJH) [Entered: 10/19/2015 11:35 AM] |
| NOTICE of appearance on behalf of Respondent Deceunick North America, LLC filed by Attorney Stephanie M. Chmiel. Certificate of service dated 10/19/2015. [15-8041] (SMC) [Entered: 10/19/2015 11:32 AM] |
| NOTICE of appearance on behalf of Respondent Deceunick North America, LLC filed by Attorney Brian A. Troyer. Certificate of service dated 10/19/2015. [15-8041] (BAT) [Entered: 10/19/2015 11:40 AM] |
| NOTICE of appearance on behalf of Respondent Mastic Home Exteriors, Inc. filed by Attorney Donald R. Frederico. [15-8041] (DRF) [Entered: 10/19/2015 12:55 PM] |
| THREE (3) paper copies of answer filed by Respondents Deceunick North America, LLC and Mastic Home Exteriors, Inc. [ # 5946645-2 ]. [15-8041] (DK) [Entered: 10/27/2015 09:54 AM] |
| NOTICE of appearance on behalf of Respondent Mastic Home Exteriors, Inc. filed by Attorney Gavin G. McCarthy. [15-8041] (GGM) [Entered: 10/19/2015 03:38 PM] |
| NOTICE of appearance on behalf of Respondent Mastic Home Exteriors, Inc. filed by Attorney Katherine S. Kayatta. [15-8041] (KSK) [Entered: 10/19/2015 01:39 PM] |
| ANSWER filed by Respondents Deceunick North America, LLC and Mastic Home Exteriors, Inc. to miscellaneous case docketed [ # 5943757-2 ]. [15-8041] CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (Due by: October 22, 2015). (DRF) [Entered: 10/19/2015 01:34 PM] |
| CORPORATE disclosure statement filed by Petitioners John Costello, Catherine Lynch, Vicki O'Brien and Anthony D. Pagliaroni. Certificate of service dated 10/06/2015. [15-8041] (DK) [Entered: 10/08/2015 12:12 PM] |
| MISCELLANEOUS CASE docketed. Petition for Permission to Appeal Pursuant to Fed. R. Civ. P. 23(f) filed by Petitioners John Costello, Catherine Lynch, Vicki O'Brien and Anthony D. Pagliaroni. Appearance forms due 10/22/2015. [15-8041] (DK) [Entered: 10/08/2015 12:02 PM] |
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