Brian Kelley, et al v. AW & HO Holdings Inc, et al
| BRIAN KELLEY, ROBIN KELLEY, Individually and as Personal Representatives and General Co-Administrators of the Estate of J.K., their minor child, deceased, J. O., a Minor, Individually, and as Successor-in-Interest to the Estate of H.H., deceased, and as Successor-in-Interest to the Estate of Sara Schneider deceased, by and through his Co-Guardians Ad Litem, TROY OLIVER and JUDY SCHNEIDER, as Guardians Ad Litem for J.O., a Minor Individually, and as Successor-in-Interest to the Estate of H.H., deceased, and as Successor-in-Interest to the Estate of Sara Schneider, deceased |
| WALMART STORES EAST LLC, WALMART STORES EAST LP, WALMART STORES INC, WALMART INC, AW & HO HOLDINGS INC, AW DISTRIBUTING INC, AW PRODUCT SALES & MARKETING INC, DAIHO SANGYO INC, GIRL SCOUTS OF THE UNITED STATES OF AMERICA, ALICE HO and KENNIC HO |
| CRC INDUSTRIES INC |
| 23-1596 |
| April 5, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Brian Kelley v. AW & HO Holdings Inc |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 COMPLIANCE RECEIVED. Electronic re-filing of Joint Appendix as a separate pdf transaction on the docket received from Appellant Tony E. Rardon in 23-1594, Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596. [23-1594, 23-1596] (MCW) [Entered: 05/31/2023 05:25 PM] |
| Filing 28 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellant Tony E. Rardon in 23-1594, Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596. Certificate of service dated 05/30/2023 by ECF. [23-1594, 23-1596]--[Edited 05/31/2023 by MCW] (RWM) [Entered: 05/30/2023 04:58 PM] |
| Filing 27 TEXT ONLY ORDER (Clerk) [23-1594, 23-1596] directing Attorney Ryan W. Marth, Esq., counsel for Appellant, to electronically re-file the joint appendix as a separate pdf transaction on the docket. Due on or before 06/02/2023. (MCW) [Entered: 05/30/2023 04:28 PM] |
| Filing 26 HARD COPY RECEIVED from Appellant Tony E. Rardon in 23-1594, Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596 - Brief. Copies: 10. [23-1594, 23-1596] (SJB) [Entered: 05/30/2023 01:26 PM] |
| Filing 25 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Jason A. Levine, Esq. for Appellee CRC Industries Inc in 23-1594, 23-1596. Certificate of Service dated 05/26/2023. Service made by ECF. [23-1594, 23-1596] (JAL) [Entered: 05/26/2023 01:54 PM] |
| Filing 24 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Tony E. Rardon in 23-1594, Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596. Certificate of Service dated 05/25/2023 by ECF. [23-1594, 23-1596][Edited docket text]--[Edited 05/31/2023 by MCW] (RWM) [Entered: 05/25/2023 08:49 PM] |
| Filing 23 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Ryan W. Marth, Esq. for Appellant Tony E. Rardon in 23-1594, Attorney Ryan W. Marth, Esq. for Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596. Certificate of Service dated 05/19/2023. Service made by ECF. [23-1594, 23-1596] (RWM) [Entered: 05/19/2023 02:35 PM] |
| Filing 22 Calendared for Thursday, 07/13/2023. Calendar Clerk: AR. [23-1594, 23-1596] (AR) [Entered: 05/19/2023 11:59 AM] |
| Filing 21 EXPEDITED BRIEFING SCHEDULE ISSUED. Brief on behalf of Appellants Tony E. Rardon, Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider due on or before 05/25/2023. Appendix due on or before 05/25/2023. [23-1594, 23-1596] (CJG) [Entered: 05/04/2023 01:13 PM] |
Filing 20
ORDER (HARDIMAN, BIBAS and FREEMAN, Circuit Judges) The motion for summary action is denied. The motion to expedite is granted. Panel No.: ACO-071-E. Bibas, Authoring Judge. [23-1594, 23-1596] (CJG) [Entered: 05/04/2023 01:10 PM]
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| Filing 19 ECF FILER: Response filed by Appellee CRC Industries Inc in Oppisition to Motion for Summary Action. Certificate of Service dated 05/01/2023. [23-1594, 23-1596]--[Edited 05/02/2023 by CJG]--[Edited 05/02/2023 by CJG] (JAL) [Entered: 05/01/2023 04:40 PM] |
| Filing 18 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider advising this court that transcripts are not needed. [23-1596] (RWM) [Entered: 04/20/2023 01:29 PM] |
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Filing 17
ORDER (Clerk) The motion for summary action or, alternatively, to expedite the appeals and any responses will be referred to a motions panel of this Court. Until the panel has considered the motion, the Clerk will not issue a schedule for merits briefing. [23-1594, 23-1596] (CJG) [Entered: 04/20/2023 09:12 AM]
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| Filing 16 ECF FILER: Motion filed by Appellants Tony E. Rardon in 23-1594, Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in 23-1596 for Summary Action and, or in the alternative, (Uncontested) Motion to Expedite. Certificate of Service dated 04/19/2023. Service made by ECF. [23-1594, 23-1596]--[Edited 04/20/2023 by CJG] (RWM) [Entered: 04/19/2023 06:34 PM] |
| Filing 15 ECF FILER: Concise Summary of the Case filed by Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider. [23-1596] (RWM) [Entered: 04/19/2023 06:12 PM] |
| Filing 14 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider. [23-1596] (RWM) [Entered: 04/19/2023 06:10 PM] |
| Filing 13 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider. [23-1596] (RWM) [Entered: 04/19/2023 06:08 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Ryan W. Marth on behalf of Appellant(s) BRIAN KELLEY, ET AL.. [23-1596] (RWM) [Entered: 04/19/2023 04:22 PM] |
| Filing 11 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee CRC Industries Inc in 23-1596. [23-1596] --[Edited 04/19/2023 by CJG to remove from the appeal at No. 23-1594, as it does not apply.] (JAL) [Entered: 04/18/2023 04:08 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Jackson D. Teague on behalf of Appellee(s) CRC Industries, Inc. [23-1596] --[Edited 04/19/2023 by CJG to remove from the appeal at No. 23-1594, as it does not apply.] (JAL) [Entered: 04/18/2023 04:07 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Jason A. Levine on behalf of Appellee(s) CRC Industries, Inc. [23-1596] --[Edited 04/19/2023 by CJG to remove from the appeal at No. 23-1594, as it does not apply.] (JAL) [Entered: 04/18/2023 04:06 PM] |
| Filing 5 CLERK ORDER The appeals at Nos. 23-1594 & 23-1596 are consolidated for all purposes. Appellants must file a single opening brief and reply brief addressing both appeals. Appellee CRC Industries, Inc. must likewise file a single response brief addressing both appeals. The parties are hereby directed to electronically file documents on the Court's docket as outlined on the Order. The consolidated joint appendix must be filed in all appeal numbers. [-See Order for Full Text.] [23-1594, 23-1596] (CJG) [Entered: 04/05/2023 10:24 AM] |
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Filing 4
ORDER (Clerk) Pursuant to Federal Rule of Civil Procedure 5.2, the full names of minor children must be redacted from filings. This appeal has been docketed under the initials of the minor appellants. It is noted that the parents or guardians of the minor appellants are identified in the case and caption by their full names. If the parents or guardians wish to be identified by their initials as the minor children are or to proceed under pseudonyms, a motion requesting such relief must be filed with the Court within 7 days of the date of this Order. [-See Order for Full Text.] (CJG) [Entered: 04/05/2023 10:20 AM]
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| Filing 3 Copy of Amended Notice of Appeal filed 03/30/2023 received from Clerk of District Court. (CJG) [Entered: 04/05/2023 10:17 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 04/05/2023 10:16 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Brian Kelley, Robin Kelley, J. O., Troy Oliver and Judy Schneider in District Court No. 2-23-mc-00001. (CJG) [Entered: 04/05/2023 10:15 AM] |
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