PERFORMANCE CONTRACTING, INC. v. C&H INDUSTRIAL SERVICES, INC. et al
| PERFORMANCE CONTRACTING, INC. |
| C&H INDUSTRIAL SERVICES, INC, C&H INDUSTRIAL SERVICES, INC. and BERKLEY INSURANCE COMPANY |
| 1:2016cv07573 |
| October 20, 2016 |
| US District Court for the District of New Jersey |
| Camden Office |
| Gloucester |
| Ann Marie Donio |
| Joseph H Rodriguez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2018. A more recent docket listing may be available from PACER.
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Filing 45
ORDER OF DISMISSAL with Prejudice, and without costs. Signed by Judge Joseph H. Rodriguez on 4/10/2018. (db, )
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Filing 44
Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 4/9/2018. Signed by Magistrate Judge Ann Marie Donio on 2/7/2018. (tf, )
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| NOTICE: Telephone conference on 2/7/2018 shall be, and is hereby, adjourned. (slc) |
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Filing 43
TEXT ORDER: Due to the Court's calendar, the telephone conference on 2/5/2018 shall be, and is hereby, RESCHEDULED to 2/7/2018 at 3:45 P.M. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 1/17/2018. (slc)
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Filing 42
ORDER granting #41 Motion for Extension of Time to Answer until 12/18/2017. Signed by Magistrate Judge Ann Marie Donio on 12/6/2017. (tf, )
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| Filing 41 Joint MOTION for Extension of Time to File Answer re #39 Answer to Complaint, Counterclaim by PERFORMANCE CONTRACTING, INC.. (Attachments: #1 Text of Proposed Order)(WHITMER, FREDERICK) |
| Set/Reset Deadlines as to #41 Joint MOTION for Extension of Time to File Answer re #39 Answer to Complaint, Counterclaim . Motion set for 1/2/2018 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) |
| Filing 40 Berkley ANSWER to Complaint by DAVID M. BURKHOLDER. (Attachments: #1 Certificate of Service Proof of Service)(PEDERSEN, MARY) |
| Filing 39 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against PERFORMANCE CONTRACTING, INC. by C&H INDUSTRIAL SERVICES, INC..(BELL, COLIN) |
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Filing 38
SCHEDULING ORDER: Telephone Status Conference set for 2/5/2018 03:30 PM before Magistrate Judge Ann Marie Donio. Final Pretrial Conference set for 7/12/2018 10:30 AM before Magistrate Judge Ann Marie Donio. The time within which to file a motion to amend the pleadings or a motion to join new parties will expire on 1/15/2018. Pretrial Factual Discovery extended to 2/28/2018. Dispositive Motions due by 5/31/2018. Signed by Magistrate Judge Ann Marie Donio on 11/1/2017. (tf, )
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Filing 37
TEXT ORDER: As set forth during the telephone conference on 11/1/2017, Defendants are granted leave to file their answer to the complaint by no later than 11/20/2017. SO ORDERED by Magistrate Judge Ann Marie Donio on 11/1/2017. (slc)
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| Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 11/1/2017. (sb) |
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Filing 36
TEXT ORDER: Telephone Conference set for 11/1/2017 at 2:30 PM before Magistrate Judge Ann Marie Donio. Counsel for Plaintiff shall initiate the telephone call. SO ORDERED by Magistrate Judge Ann Marie Donio on 10/25/2017. (slc)
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| Filing 35 Notice of Request by Pro Hac Vice David M. Burkholder to receive Notices of Electronic Filings. (PEDERSEN, MARY) |
| Pro Hac Vice counsel, DAVID M. BURKHOLDER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, ) |
| Pro Hac Vice fee: As to David M. Burkholder $ 150, receipt number CAM9088 (jbk, ) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel submitted by M. Pedersen on 9/21/2017 cannot be processed until the application fee has been paid. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (tf, ) |
| Filing 34 Notice of Request by Pro Hac Vice David M. Burkholder to receive Notices of Electronic Filings. (PEDERSEN, MARY) |
| CLERK'S QUALITY CONTROL MESSAGE - Please review the Letter attached to docket entry #31 submitted by S. Kennedy on 9/19/2017. If this document was attached in error, PLEASE RESUBMIT THE CORRECT DOCUMENT. This submission will remain on the docket unless otherwise ordered by the court. (tf, ) |
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Filing 33
ORDER denying #7 Motion to Dismiss, etc. Signed by Judge Joseph H. Rodriguez on 9/19/2017. (dmr)
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| Filing 32 Minute Entry for proceedings held before Judge Joseph H. Rodriguez: Motion Hearing held on 9/19/2017 re #7 MOTION to Dismiss filed by Defendant BERKLEY INSURANCE COMPANY. Ordered motion denied. Order to be entered.. (Court Reporter/Recorder Karen Friedlander.) (dmr) |
| Filing 31 Letter from Chris W. Haff, Esq., Counsel for Defendants Requesting Adjournment. (Attachments: #1 Exhibit Email from plaintiff's counsel consenting to adjournment)(KENNEDY, STEFANIE) |
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Filing 30
ORDER granting Defendant's #29 Letter application for pro hac to appear without local counsel. Signed by Judge Joseph H. Rodriguez on 09/18/2017. (db, )
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| Filing 29 Letter from Defendant Berkley Insurance Company. (PEDERSEN, MARY) |
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Filing 28
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice as to David M. Burkholder, Esquire. Signed by Magistrate Judge Ann Marie Donio on 9/18/2017. (dmr)
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| Pro Hac Vice counsel, CHRISTIAN F. HENEL, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (tf, ) |
| Filing 27 Notice of Request by Pro Hac Vice Christian F. Henel to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8090589.) (KENNEDY, STEFANIE) |
| Filing 26 AMENDED DOCUMENT by BERKLEY INSURANCE COMPANY. Amendment to #23 MOTION for Leave to Appear Pro Hac Vice , 24 Order, . (Attachments: #1 Certification of Service)(PEDERSEN, MARY) |
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Filing 25
TEXT ORDER Plaintiff's letter request dated September 13, 2017 (Docket entry #22 )is granted; local counsel does not have to appear at the hearing on September 19, 2017. So Ordered by Judge Joseph H. Rodriguez on 09/14/2017. (db, )
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Filing 24
TEXT ORDER: Counsel for Defendant Berkley Ins. Co. shall file an amended certification of the applicant in support of the pro hac vice motion as set forth in the amendment to L. CIV. R. 101.1(c)(1) (eff. March 1, 2010); or in lieu thereof, may attach a certificate of good standing. See www.njd.uscourts.gov/court-info/local-rules-and-orders. SO ORDERED by Magistrate Judge Ann Marie Donio on 9/14/2017. (slc)
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice by BERKLEY INSURANCE COMPANY. (Attachments: #1 Declaration, #2 Declaration, #3 Text of Proposed Order, #4 Certificate of Service)(PEDERSEN, MARY) |
| Set/Reset Deadlines as to #23 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/16/2017 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) |
| Filing 22 Letter from Stefanie Kennedy. (Attachments: #1 Order granting Motion for Leave to Appear Pro Hac Vice)(KENNEDY, STEFANIE) |
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Filing 21
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice as to Christian F. Hene. Signed by Magistrate Judge Ann Marie Donio on 9/13/2017. (dmr)
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| Filing 20 Consent MOTION for Leave to Appear Pro Hac Vice (Christian F. Henel) by PERFORMANCE CONTRACTING, INC.. (Attachments: #1 Declaration Stefanie Kennedy, #2 Declaration Christian Henel, #3 Text of Proposed Order)(KENNEDY, STEFANIE) |
| Filing 19 NOTICE of Appearance by STEFANIE F. KENNEDY on behalf of PERFORMANCE CONTRACTING, INC. (KENNEDY, STEFANIE) |
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Filing 18
ORDER scheduling oral argument as to #7 MOTION to Dismiss set for 9/19/2017 at 10:00 AM in Camden - Courtroom 5D before Judge Joseph H. Rodriguez.. Signed by Judge Joseph H. Rodriguez on 9/11/2017 (dmr)
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| Filing 17 BRIEF in Support filed by BERKLEY INSURANCE COMPANY re #7 MOTION to Dismiss (Attachments: #1 Certificate of Service)(PEDERSEN, MARY) |
| Filing 16 BRIEF in Opposition filed by PERFORMANCE CONTRACTING, INC. re #7 MOTION to Dismiss pursuant to Dkt. 13 and Dkt. 15; returnable March 13, 2017 (WHITMER, FREDERICK) |
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Filing 15
ORDER that Plaintiff's letter request #13 for an extension of time is granted; Plaintiff may submit opposition no later than February 27, 2017. Signed by Judge Joseph H. Rodriguez on 2/2/2017. (tf, )
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| Filing 14 Exhibit to #13 Stipulation by PERFORMANCE CONTRACTING, INC.. (WHITMER, FREDERICK) |
| Filing 13 STIPULATION re #7 MOTION to Dismiss , #9 Response in Support of Motion AND CONSENT REQUEST FOR EXTENSION OF TIME by PERFORMANCE CONTRACTING, INC.. (WHITMER, FREDERICK) |
| Filing 12 SUMMONS Returned Executed by PERFORMANCE CONTRACTING, INC.. BERKLEY INSURANCE COMPANY served on 12/8/2016, answer due 12/29/2016. (KENNEDY, STEFANIE) |
| Filing 11 SUMMONS Returned Executed by PERFORMANCE CONTRACTING, INC.. C&H INDUSTRIAL SERVICES, INC. served on 12/8/2016, answer due 1/13/2017. (KENNEDY, STEFANIE) |
| Filing 10 Corporate Disclosure Statement by C&H INDUSTRIAL SERVICES, INC.. (BELL, COLIN) |
| Filing 9 RESPONSE in Support filed by C&H INDUSTRIAL SERVICES, INC. re #7 MOTION to Dismiss (BELL, COLIN) |
| Filing 8 NOTICE of Appearance by JOHN F. PALLADINO on behalf of C&H INDUSTRIAL SERVICES, INC. (PALLADINO, JOHN) |
| Filing 7 MOTION to Dismiss by BERKLEY INSURANCE COMPANY. Responses due by 1/18/2017 (Attachments: #1 Notice of Filing of Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Certificate of Service, #7 Text of Proposed Order)(PEDERSEN, MARY) |
| CLERK'S QUALITY CONTROL MESSAGE - The Motion to Dismiss #6 filed by M. Pedersen on 12/28/2016 was submitted incorrectly as a Brief. PLEASE RESUBMIT THE Motion USING *Motion to Dismiss*. This submission will remain on the docket unless otherwise ordered by the court. (tf, ) |
| Set/Reset Deadlines as to #7 MOTION to Dismiss . Motion set for 2/6/2017 before Judge Joseph H. Rodriguez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) |
| Filing 6 BRIEF in support of motion of defendant Berkley Insurance Company to Dismiss or Alternatively Stay Action (Attachments: #1 Notice of Motion, #2 Text of Proposed Order Proposed Orders, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Certificate of Service)(PEDERSEN, MARY) |
| Filing 5 NOTICE of Appearance by MARY J. PEDERSEN on behalf of BERKLEY INSURANCE COMPANY (Attachments: #1 Certificate of Service)(PEDERSEN, MARY) |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant C&H Industrial Services, Inc... (BELL, COLIN) |
| Filing 3 NOTICE of Appearance by COLIN GEOFFREY BELL on behalf of C&H INDUSTRIAL SERVICES, INC. (BELL, COLIN) |
| Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by C&H INDUSTRIAL SERVICES, INC. has been GRANTED. The answer due date has been set for 1/13/17. (js) |
| Filing 2 SUMMONS ISSUED as to BERKLEY INSURANCE COMPANY, C&H INDUSTRIAL SERVICES, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAIME KASSELMAN* (jbk, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-7428512) with JURY DEMAND, filed by PERFORMANCE CONTRACTING, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(WHITMER, FREDERICK) |
| Judge Joseph H. Rodriguez and Magistrate Judge Ann Marie Donio added. (dd, ) |
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