FINEMAN, M.D. et al v. TREK BICYCLE CORPORATION, LTD. et al
| MITCHELL S. FINEMAN, M.D. and LUCY Q. FINEMAN |
| TREK BICYCLE CORPORATION, LTD., ELECTRA BICYCLE COMPANY, INC., TREK RETAIL CORPORATION doing business as TREK BICYCLE PHILADELPHIA MANAYUNK, BEACON STORES, INC. doing business as BEACON CYCLING AND/OR BEACON CYCLING & FITNESS, MITCHELL ROVINS doing business as BEACON CYCLING AND/OR BEACON CYCLING & FITNESS doing business as BEACON STORES, INC., SUSANNA ROVINS doing business as BEACON CYCLING AND/OR BEACON CYCLING & FITNESS doing business as BEACON STORES, INC., SRAM, LLC, JOHN DOE'S, JANE DOE'S, ABC CORPORATION, DEF LLC, HENG YING MACHINERY CO., LTD. and ELECTRA BICYLE CORPORATION, LLC |
| 1:2024cv03995 |
| March 19, 2024 |
| US District Court for the District of New Jersey |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal- Product Liability |
| Defendant |
Docket Report
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| Filing 35 Certified Copy of Transfer Order and docket received, Case transferred in from District of Pennsylvania Eastern; Case Number 2:23-cv-02272. Original file certified copy of transfer order and docket sheet received. |
Filing 34
ORDER THAT THE TREK GROUPS MOTION TO DISMISS (DI #3 ) IS DENIED AS MOOT. THE BEACON STORES GROUPS MOTION TO DISMISS (DI #27 ) IS DENIED AS MOOT. THE ALTERNATIVE REQUEST TO TRANSFER IS GRANTED AND WE DIRECT THE CLERK OF COURT TO TRANSFER THIS CASE TO THE DISTRICT OF NEW JERSEY, CAMDEN VICINAGE. ETC. SIGNED BY DISTRICT JUDGE JOHN F MURPHY ON 3/19/24. 3/19/24 ENTERED AND COPIES E-MAILED. (va)
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| Filing 33 MOTION for Service filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D..Memorandum of Law and Certificate of Service.(PERRY, MARC) |
| Filing 32 Memorandum IN RESPONSE TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS re #27 MOTION to Dismiss for Lack of Jurisdiction filed by BEACON STORES, INC., MITCHELL ROVINS, SUSANNA ROVINS. (WELSH, BRIAN) |
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Filing 31
ORDER DENYING #23 MOTION TO DISMISS. THE FINEMANS SHALL, NO LATER THAN MARCH 18, 2024: (A) MEET AND CONFER WITH COUNSEL FOR HENG YING REGARDING THE ISSUES DISCUSSED IN THIS ORDER AND TO EXPLORE WHETHER HENG YING WILL ACCEPT SERVICE; (B) FILE A MOTION OR PROPOSAL OF SOME KIND FOR HOW SERVICE ON HENG YING MAY BE PERFECTED AND A PLAN FOR MOVING FORWARD, INCLUDING AN EXPLANATION OF HENG YINGS POSITION IF IT REMAINS OPPOSED. ETC. SIGNED BY DISTRICT JUDGE JOHN F MURPHY ON 3/11/24. 3/11/24 ENTERED AND COPIES E-MAILED. (va)
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Filing 30
ORDER DENYING #7 MOTION TO REMAND AND #13 CROSS-MOTION FOR SANCTIONS.. SIGNED BY DISTRICT JUDGE JOHN F MURPHY ON 3/11/24.3/11/24 ENTERED AND COPIES E-MAILED.(va)
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Filing 29
ORDER THAT DEFENDANTS BEACON STORES, INC., MITCHELL ROVINS, AND SUSANNA ROVINS SHALL FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION (DI #27 ), ADDRESSING THE ISSUES RAISED IN THE OPPOSITION (DI #28 ), INCLUDING, AT A MINIMUM, THE TIMELINESS OF THEIR MOTION,1 THE NEED FOR JURISDICTIONAL DISCOVERY, AND THE PROSPECT OF A TRANSFER TO THE DISTRICT OF NEW JERSEY, NO LATER THAN MARCH 15, 2024. ANY OTHER DEFENDANT MAY ALSO FILE A BRIEF ON THE APPROPRIATENESS OF TRANSFER TO THE DISTRICT OF NEW JERSEY BY MARCH 15, 2024. SIGNED BY DISTRICT JUDGE JOHN F MURPHY ON 3/11/24. 3/11/24 ENTERED AND COPIES E-MAILED. (va)
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| Filing 28 RESPONSE in Opposition re #27 MOTION to Dismiss for Lack of Jurisdiction filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D.. (WICKERSHAM, RICHARD) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction filed by BEACON STORES, INC., MITCHELL ROVINS, SUSANNA ROVINS.Memorandum, Affidavit Certificate of Service.(WELSH, BRIAN) |
| Filing 26 NOTICE of Appearance by BRIAN G. WELSH on behalf of MITCHELL ROVINS, SUSANNA ROVINS (WELSH, BRIAN) |
| Filing 25 RESPONSE to Motion re #23 MOTION to Dismiss filed by HENG YING MACHINERY CO., LTD.. (TOOMEY, CHARLES) |
| Filing 24 RESPONSE in Opposition re #23 MOTION to Dismiss by HYM filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D.. (WICKERSHAM, RICHARD) |
| Filing 23 MOTION to Dismiss filed by HENG YING MACHINERY CO., LTD..memorandum. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(TOOMEY, CHARLES) |
| Filing 22 Disclosure Statement Form pursuant to FRCP 7.1 with certificate of service by HENG YING MACHINERY CO., LTD..(TOOMEY, CHARLES) |
| Filing 21 Disclosure Statement Form pursuant to FRCP 7.1 including TREK Bicycle Corporation and SRAM International Holdings, Inc. with Certificate of Service by TREK BICYCLE CORPORATION, LTD..(UNDERWOOD, ELIZABETH) |
| Filing 20 NOTICE of Appearance by BRIAN G. WELSH on behalf of MITCHELL ROVINS, SUSANNA ROVINS (WELSH, BRIAN) |
| Filing 19 Disclosure Statement Form pursuant to FRCP 7.1 by BEACON STORES, INC..(WELSH, BRIAN) |
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Filing 18
ORDER THAT COUNSEL AND ALL PARTIES ARE GOVERNED BY OUR POLICIES AND PROCEDURES. NON-INDIVIDUAL PARTIES SHALL FILE THEIR DISCLOSURE STATEMENTS NO LATER THAN AUGUST 21, 2023. SIGNED BY HONORABLE JOHN F MURPHY ON 8/14/23. 8/14/23 ENTERED AND COPIES E-MAILED. (va) Modified on 8/22/2023 (md).
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Filing 17
STIPULATION AND ORDER THAT DEFENDANT HENG YING MACHINERY, LTD., SHALL HAVE UNTIL AUGUST 23, 2023 TO FILE A MOTION PURSUANT TO FED. R. CIV. P. 12 OR AN ANSWER TO PLAINTIFFS COMPLAINT.. SIGNED BY HONORABLE JOHN F MURPHY ON 8/14/23. 8/14/23 ENTERED AND COPIES E-MAILED. (va)
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| Filing 16 STIPULATION by HENG YING MACHINERY CO., LTD.. (TOOMEY, CHARLES) |
| Filing 15 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by ELECTRA BICYCLE COMPANY, INC., ELECTRA BICYLE CORPORATION, LLC, SRAM, LLC, TREK BICYCLE CORPORATION, LTD., TREK RETAIL CORPORATION. (UNDERWOOD, ELIZABETH) |
| Filing 14 RESPONSE in Opposition re #7 MOTION to Remand to State Court (to Defendants' Cross Motion for Sanctions ECF 13) filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D.. (WICKERSHAM, RICHARD) |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Remand to State Court and cross motion for sanctions filed by SRAM, LLC, TREK BICYCLE CORPORATION, LTD., TREK RETAIL CORPORATION. (UNDERWOOD, ELIZABETH) |
| Filing 12 Memorandum in Support re #7 MOTION to Remand to State Court filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D.. (WICKERSHAM, RICHARD) |
| Filing 11 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Memorandum of Law in Opposition filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D.. (PERRY, MARC) |
| Filing 10 CLAIM, Memorandum in Support of Removal by ELECTRA BICYCLE COMPANY, INC., ELECTRA BICYLE CORPORATION, LLC, SRAM, LLC, TREK BICYCLE CORPORATION, LTD., TREK RETAIL CORPORATION. (UNDERWOOD, ELIZABETH) |
| Filing 9 NOTICE of Appearance by BRIAN G. WELSH on behalf of BEACON STORES, INC. (WELSH, BRIAN) |
| Filing 8 Memorandum in Support of Petition for Removal by ELECTRA BICYCLE COMPANY, INC., ELECTRA BICYLE CORPORATION, LLC. (UNDERWOOD, ELIZABETH) |
| Filing 7 MOTION to Remand to State Court filed by LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D..Memorandum of Law and Certificate of Service.(PERRY, MARC) |
| Filing 6 AFFIDAVIT of Service re: served Complaint upon Heng Ying Machinery by FED EX on June 12 2023 (PERRY, MARC) |
| Filing 5 NOTICE of Appearance by RICHARD B. WICKERSHAM, JR on behalf of LUCY Q. FINEMAN, MITCHELL S. FINEMAN, M.D. (WICKERSHAM, RICHARD) |
| Filing 4 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (bw) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ELECTRA BICYCLE COMPANY, INC., ELECTRA BICYLE CORPORATION, LLC, SRAM, LLC, TREK BICYCLE CORPORATION, LTD., TREK RETAIL CORPORATION.Memroandum, Certificate of Counsel. (Attachments: #1 Certificate of Service, #2 Exhibit)(UNDERWOOD, ELIZABETH) |
| Filing 2 Summons Issued as to BEACON STORES, INC., DEF, LLC, HENG YING MACHINERY CO., LTD., MITCHELL ROVINS, SUSANNA ROVINS. Forwarded To: Plaintiff's Counsel on 6/15/23 (va) |
| Filing 1 COMPLAINT against ELECTRA BICYCLE COMPANY, INC., SRAM, LLC, TREK BICYCLE CORPORATION, LTD., TREK RETAIL CORPORATION (d/b/a TREK BICYCLE PHILADELPHIA MANAYUNK) ( Filing fee $ 402 receipt number APAEDC-16753404.), filed by LUCY Q. FINEMAN, h/w, MITCHELL S. FINEMAN, M.D..(FARRELL, JOHN) |
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