Peter Accurso v. Infra-Red Services Inc, et al
| PETER ACCURSO and ESTATE OF PETER ACCURSO |
| INFRA-RED SERVICES INC, ROOFING DYNAMICS GROUP LLC, ROOFING DYNAMICS INC, BRIAN LAND and AUDREY STREIN |
| 18-1583 |
| March 19, 2018 |
| U.S. Court of Appeals, Third Circuit |
| Other Labor Litigation |
Docket Report
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| Filing 105 MANDATE ISSUED. (TMM) [Entered: 03/30/2020 07:46 AM] |
Filing 104
ORDER (SMITH, Chief Judge, MCKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS and GREENBERG, Circuit Judges) denying Petition En Banc an Panel Rehearing filed by Appellees/Cross Appellants in 18-1583, 18-1607. Greenaway, Jr., Authoring Judge. *Judge Greenberg's vote is limited to panel rehearing only. [18-1583, 18-1607] (LMR) [Entered: 03/20/2020 04:08 PM]
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| Filing 103 ECF FILER: Petition filed by Appellees/ Cross-Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein for Rehearing before original panel and the court en banc. Certificate of Service dated 03/05/2020. Service made by ECF.--[Edited 03/06/2020 by TMM] (TMM) [Entered: 03/05/2020 11:53 PM] |
| Filing 101 JUDGMENT, ORDERED and ADJUDGED by this Court that the judgment of the District Court entered February 16, 2018 is hereby AFFIRMED IN PART and REVERSED AND REMANDED IN PART. Costs shall not be taxed (TMM) [Entered: 02/20/2020 08:42 AM] |
| Filing 100 NOT PRECEDENTIAL OPINION. Coram: GREENAWAY JR., PORTER and GREENBERG, Circuit Judges. Total Pages: 28. Judge: GREENAWAY JR. Authoring, Judge: GREENBERG concurring in part & dissenting in part. [18-1583, 18-1607] (Corrected Opinion attached and NDA regenerated)--[Edited 02/20/2020 by TMM] (TMM) [Entered: 02/20/2020 08:39 AM] |
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ORDER (GREENAWAY JR., PORTER and GREENBERG, Circuit Judges) Motion by Appellees'/Appellants' Infra-Red Services Inc., Roofing Dynamics, Inc., Brian Land and Audrey Strein to make post-argument correction to representation made at oral argument is granted. Greenberg, Authoring Judge. [18-1583, 18-1607] (TMM) [Entered: 11/01/2019 02:50 PM]
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| ECF FILER: Motion filed by Appellees/Cross-Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein to make post-argument correction to representation made at oral argument. Certificate of Service dated 10/25/2019. Service made by 3rd party. [18-1583, 18-1607]--[Edited 10/29/2019 by LML] (TMM) [Entered: 10/25/2019 12:02 PM] |
| ARGUED on Wednesday, October 23, 2019. Panel: GREENAWAY JR., PORTER and *GREENBERG, Circuit Judges. Todd M. Mosser arguing for Appellee Infra-Red Services Inc; James B. Shrimp arguing for Appellant Estate of Peter Accurso; James B. Shrimp arguing for Appellee Estate of Peter Accurso. *(Participated in Audio Conference) [18-1583, 18-1607] (PM) [Entered: 10/23/2019 12:48 PM] |
| COURT MINUTES OF ARGUED/SUBMITTED CASES. [19-1170, 18-1583, 18-1607] (PM) [Entered: 10/23/2019 12:55 PM] |
| AMENDED Oral Argument Notification for Wednesday, 10/23/2019. Courtroom & Time: *Maris Courtroom / 10:30am. Location: Philadelphia, PA. [18-1583, 18-1607] (PM) [Entered: 10/16/2019 03:40 PM] |
| AMENDED Oral Argument Notification for 10/23/2019. Courtroom & Time: *Seitz Courtroom / 10:30am. Location: Philadelphia, PA. [18-1583, 18-1607] (Please see amended notice dated 10/16/2019)--[Edited 10/16/2019 by PM] (PM) [Entered: 10/08/2019 01:59 PM] |
| Oral Argument Notification for Wednesday, 10/23/2019. Courtroom & Time: Maris Courtroom / 10:30am. Location: Philadelphia, PA. [18-1583, 18-1607] (Please see amended notice dated 10/08/2019)--[Edited 10/08/2019 by PM] (PM) [Entered: 10/07/2019 05:16 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Todd M. Mosser, Esq. for Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Attorney Todd M. Mosser, Esq. for Appellants Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1607. Certificate of Service dated 09/13/2019. Service made by ECF. [18-1583, 18-1607] (TMM) [Entered: 09/13/2019 05:21 PM] |
| HARD COPY RECEIVED from Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607 - Reply Brief. Copies: 7. [18-1583, 18-1607] (KEL) [Entered: 09/04/2019 11:19 AM] |
| SECOND TEXT ONLY ORDER (Clerk) directing Attorney Todd M. Mosser, Esq. for Appellees Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1583, Attorney Todd M. Mosser, Esq. for Appellants Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1607 to submit 7 hard copies in gray covers for the Reply Brief filed on 8/14/19, filed. Due on or before 09/04/2019. [18-1583, 18-1607] (EAF) [Entered: 08/30/2019 10:46 AM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney James B. Shrimp, Esq. for Appellant Estate of Peter Accurso in 18-1583, Attorney James B. Shrimp, Esq. for Appellee Estate of Peter Accurso in 18-1607. Certificate of Service dated 08/21/2019. Service made by ECF. [18-1583, 18-1607] (JBS) [Entered: 08/21/2019 11:01 AM] |
| TEXT ONLY ORDER (Clerk) directing Attorney Todd M. Mosser, Esq. for Appellees Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1583, Attorney Todd M. Mosser, Esq. for Appellants Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1607 to submit 7 hard copies in gray front and back covers for the Reply Brief filed on 8/14/19, filed. Due on or before 08/26/2019. [18-1583, 18-1607] (EAF) [Entered: 08/21/2019 02:02 PM] |
| Calendared for Friday, 10/25/2019. Calendar Clerk: PM. [18-1583, 18-1607] (PM) [Entered: 08/20/2019 10:42 AM] |
| ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607, Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, filed. Certificate of Service dated 08/14/2019 by ECF. [18-1607, 18-1583] (TMM) [Entered: 08/14/2019 03:11 PM] |
| HARD COPY RECEIVED from Appellant Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607 - Reply Brief. Copies: 7. [18-1583, 18-1607] (LM) [Entered: 08/02/2019 10:56 AM] |
| ECF FILER: ENTRY OF APPEARANCE from James B. Shrimp on behalf of Appellant(s) Estate of Peter Accurso. [18-1583, 18-1607] (JBS) [Entered: 07/31/2019 02:55 PM] |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Estate of Peter Accurso in 18-1607, Appellant Estate of Peter Accurso in 18-1583, filed. Certificate of Service dated 07/31/2019 by ECF. [18-1607, 18-1583] (JBS) [Entered: 07/31/2019 04:42 PM] |
| HARD COPY RECEIVED from Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583 - Brief. Copies: 7. [18-1583, 18-1607] (LM) [Entered: 07/29/2019 02:16 PM] |
| HARD COPY RECEIVED from Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607 - Supplemental Appendix. Copies: 4. Volumes: 1 [18-1583, 18-1607] (MCW) [Entered: 08/01/2019 04:20 PM] |
| TEXT ONLY ORDER (Clerk) directing Attorney Todd M. Mosser, Esq. for Appellees Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1583, Attorney Todd M. Mosser, Esq. for Appellants Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein in 18-1607 to submit 7 hard copies in red covers for the brief e-filed on 07/08/2019 and 4 hard copies in white covers for the supplemental appendix e-filed on 07/08/2019, filed. Due on or before 07/30/2019. [18-1583, 18-1607] (MCW) [Entered: 07/25/2019 12:41 PM] |
| ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607, filed. Certificate of Service dated 07/08/2019 by ECF. [18-1607, 18-1583]--[Edited 07/25/2019 by MCW] (TMM) [Entered: 07/08/2019 05:07 PM] |
| ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-16-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607, filed. Certificate of service dated 07/08/2019 by ECF. [18-1607, 18-1583]--[Edited 07/25/2019 by MCW] (TMM) [Entered: 07/08/2019 05:08 PM] |
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ORDER (Clerk) The foregoing motion is granted. Appellees' brief must be filed and served on or before July 8, 2019. If Appellees/Cross-Appellants intend to file a supplemental appendix, at the time of filing their brief, Appellees/Cross-Appellants may file a supplemental appendix consisting of documents from the District Court record that they believe are necessary for the litigation of the appeal., filed. [18-1583, 18-1607] (SLC) [Entered: 07/03/2019 07:37 AM]
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| ECF FILER: Motion filed by Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607 for Extension of Time to file BRIEF AND APPENDIX until/for 10 DAYS UNTIL JULY 8, 2019. Certificate of Service dated 06/27/2019. Service made by ECF. [18-1583, 18-1607] (TMM) [Entered: 06/27/2019 09:48 AM] |
| TEXT ONLY ORDER (Clerk) granting motion for extension of time filed by Appellees/Cross-Appellants Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein. Appellees/Cross-Appellants' brief must be filed and served on or before June 28, 2019. [18-1583, 18-1607] (MB) [Entered: 05/29/2019 04:17 PM] |
| ECF FILER: Motion filed by Appellees Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1583, Appellants Infra-Red Services Inc, Brian Land, Roofing Dynamics Group LLC, Roofing Dynamics Inc and Audrey Strein in 18-1607 for Extension of Time to file Brief and Appendix of Appellees/Cross Appellants until/for 30 days until June 28, 2019. Certificate of Service dated 05/28/2019. Service made by ECF. [18-1583, 18-1607] (TMM) [Entered: 05/28/2019 05:49 AM] |
| COMPLIANCE RECEIVED. Four (4) white front and back covers for appendix volume II received from Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607. [18-1583, 18-1607] (EMA) [Entered: 05/16/2019 07:38 PM] |
| TEXT ONLY ORDER (Clerk) directing Attorney Eric G. Marttila, Esq. for Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607 to submit 4 front and back covers in white for the appendix volume II e-filed on 04/29/2019, filed. Due on or before 05/14/2019. [18-1583, 18-1607] (EMA) [Entered: 05/07/2019 03:53 PM] |
| HARD COPY RECEIVED from Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607 - Brief with Volume I of Appendix attached. Copies: 7. [18-1583, 18-1607] (LM) [Entered: 05/03/2019 10:47 AM] |
| HARD COPY RECEIVED from Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607 - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). [18-1583, 18-1607] (EMA) [Entered: 05/07/2019 03:50 PM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607, filed. Certificate of service dated 04/29/2019 by ECF. [18-1583, 18-1607] (EGM) [Entered: 04/29/2019 12:23 PM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Peter Accurso and Estate of Peter Accurso in 18-1583, Appellee Estate of Peter Accurso in 18-1607, filed. Certificate of Service dated 04/29/2019 by ECF. [18-1583, 18-1607] (EGM) [Entered: 04/29/2019 12:21 PM] |
| BRIEFING NOTICE ISSUED. 1st Brief on behalf of Brief on behalf of Appellant/Cross-Appellee Estate of Peter Accurso due on or before 04/29/2019. Appendix due on or before 04/29/2019. [18-1583, 18-1607] (TMM) [Entered: 03/20/2019 09:11 AM] |
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ORDER (Clerk) Unopposed Motion by Appellant to Substitute Estate of Peter Accurso for Appellant Peter Accurso is granted. The Estate of Peter Accurso is hereby substituted for Peter Accurso, filed. [18-1583, 18-1607] (TMM) [Entered: 09/25/2018 02:07 PM]
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| ECF FILER: UNOPPOSED Motion filed by Appellant Peter Accurso in 18-1583, Appellee Peter Accurso in 18-1607 to substitute Estate of Peter Accurso, Appellant and Counterclaim Appellee. Certificate of Service dated 09/10/2018. Service made by ECF. [18-1583, 18-1607] (EGM) [Entered: 09/10/2018 03:30 PM] |
| ECF FILER: LETTER from Attorney Eric G. Marttila, Esq. for Appellant Peter Accurso in 18-1583, Attorney Eric G. Marttila, Esq. for Appellee Peter Accurso in 18-1607 Notification that a personal representative has been appointed for the decedent.. Certificate of Service dated 09/10/2018. Service made by ECF. [18-1583, 18-1607] (EGM) [Entered: 09/10/2018 03:05 PM] |
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ORDER (Clerk) Notice of Death of Appellant Peter Accurso, received from counsel for Appellant/Cross-Appellee is considered. Counsel for Appellant Peter Accurso must, within 14 days of the date of this Order, notify the Court whether a personal representative has been appointed to represent appellant's interests following his death. If a representative has been appointed, counsel and/or the personal representative must also advise the Court if a motion to substitute such representative for the Appellant under Fed. R. App.P. 43(a)(1) will be filed. Failure to respond to this Order may result in Appeal No. 18-1583 being dismissed without further notice, filed. [18-1583, 18-1607] (TMM) [Entered: 08/29/2018 02:15 PM]
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| ECF FILER: NOTICE OF DEATH received from Appellant Peter Accurso in 18-1583, Appellee Peter Accurso in 18-1607. Certificate of Service dated 08/28/2018. Service made by ECF, Email. [18-1583, 18-1607] (EGM) [Entered: 08/28/2018 12:59 PM] |
| Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. [18-1583, 18-1607] (TNH) [Entered: 07/10/2018 02:12 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Eric G. Marttila on behalf of Appellee(s) Peter Accurso. [18-1607, 18-1583] (EGM) [Entered: 05/15/2018 08:32 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Todd Mosser on behalf of Appellee(s) BRIAN LAND; INFRA-RED SERVICES INC; ROOFING DYNAMICS GROUP LLC; ROOFING DYNAMICS INC; AUDREY STREIN.--[Edited 04/25/2018 by TMM] (TMM) [Entered: 04/25/2018 09:53 AM] |
| FOLLOW UP LETTER to Julie Negovan, Esq. for Infra-Red Services Inc, Roofing Dynamics Group LLC, Roofing Dynamics Inc, Brian Land and Audrey Strein requesting the following document(s): Appearance Form within 14 days. Disclosure Statement on or before 04/19/2018. (TMM) [Entered: 04/05/2018 04:43 PM] |
| NOTICE REGARDING ATTORNEY STATUS for APPEARANCE FORM filed by Attorney Eric G. Marttila, Esq. for Appellant Peter Accurso in 18-1583. Counsel's current status in this Court's attorney rolls is inactive. An attorney must have active status in order to appear before this Court. R.A.D.E. 17.3. If you wish to return to active status or if you believe that you have been marked inactive in error, please complete the Attorney Admission Renewal/Adjustment of Status Form available on this Court's website by 04/18/2018. Future filings will not be accepted from an attorney in inactive status. [18-1583, 18-1607] (TMK) [Entered: 04/04/2018 10:18 AM] |
| ECF FILER: CERTIFICATE OF SERVICE for appellant Transcript Purchase Order, Disclosure Stmnt. Service made on 04/02/2018 by ECF. [18-1583, 18-1607] (EGM) [Entered: 04/02/2018 11:31 AM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Peter Accurso advising this court that transcripts are already on file in the District Court.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:26 AM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Peter Accurso, filed.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:05 AM] |
| ECF FILER: ENTRY OF APPEARANCE from Eric G. Marttila on behalf of Appellant(s) Peter Accurso.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:36 AM] |
| ECF FILER: CERTIFICATE OF SERVICE for attorney Appearance, Information statement, Concise summ of case. Service made on 04/02/2018 by ECF.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:50 AM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Peter Accurso, filed.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:39 AM] |
| ECF FILER: Concise Summary of the Case filed by Appellant Peter Accurso, received.--[Edited 04/12/2018 by TMM] (EGM) [Entered: 04/02/2018 11:48 AM] |
| RECORD available on District Court CM/ECF. (TMM) [Entered: 03/19/2018 11:52 AM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Peter Accurso in District Court No. 2-13-cv-07509. (TMM) [Entered: 03/19/2018 11:49 AM] |
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