Jim Ball Pontiac-Buick-GMC, Inc. v. DHL Express (USA), Inc. et al
Jim Ball Pontiac-Buick-GMC, Inc. |
DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc. and DHL Holdings (USA), Inc. |
1:2008cv00761 |
October 14, 2008 |
US District Court for the Western District of New York |
Contract: Other Office |
Erie |
Leslie G Foschio |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on March 27, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 138 JUDGMENT in favor of DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. against Jim Ball Pontiac-Buick-GMC, Inc.. Signed by Michael J. Roemer, Clerk of Court on 3/27/15. (SG) |
Filing 137 Court Exhibit A. (SDW) |
Filing 136 DECISION AND ORDER. Plaintiff has no cause of action against Defendants as alleged in the Amended Complaint; the Clerk of Court shall enter judgment accordingly, and close the file.-CLERK TO FOLLOW UP- Signed by Hon. Leslie G. Foschio on 3/26/2015. (SDW) |
Filing 135 REPLY/RESPONSE to re #134 Notice (Other) Jim Ball's Response to DHL's Notice of Supplemental Authority filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 134 NOTICE by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. of Supplemental Authority (Attachments: #1 Exhibit A)(Donley, Joseph) |
Filing 133 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Telephone Conference held on 12/2/2014. Parties agree to submit the matter on the papers filed. Court will schedule further proceedings, including taking testimony and other additional evidence as well as oral argument, to the extent it deems necessary. Parties will submit additional information in response to court's questions during conference call. The bench trial scheduled for 12/18/2014 is therefore cancelled. Appearances: Pltf-John Sinatra, Esq., Reena Dutta, Esq.; Dft-Ed Woodsome, Esq., Christopher Ruhland, Esq. (SDW) |
Filing 132 MEMORANDUM IN OPPOSITION re #114 Trial Brief of Jim Ball Pontiac-Buick-GMC, Inc. by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Donley, Joseph) |
Filing 131 MEMORANDUM IN OPPOSITION re #128 Trial Brief by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sinatra, John) |
Filing 130 DECLARATION signed by Charles Boice filed by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. . (Donley, Joseph) |
Filing 129 DECLARATION signed by Hank Gibson filed by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. . (Donley, Joseph) |
Filing 128 TRIAL BRIEF by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Donley, Joseph) |
Filing 127 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, Exhibit 33, Parts 1 through 9 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit 33 Part 2, #2 Exhibit 33 Part 3, #3 Exhibit 33 Part 4, #4 Exhibit 33 Part 5, #5 Exhibit 33 Part 6, #6 Exhibit 33 Part 7, #7 Exhibit 33 Part 8, #8 Exhibit 33 Part 9)(Sinatra, John) |
Filing 126 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, DHL Exhibit D, Parts 1 Through 4 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit D Part 2, #2 Exhibit D Part 3, #3 Exhibit D Part 4)(Sinatra, John) |
Filing 125 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, DHL Exhibit C, Parts 1 Through 3 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit DHL C Part 2, #2 Exhibit DHL C Part 3)(Sinatra, John) |
Filing 124 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, Exhibit 34, Parts 1 Through 3 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit 34 Part 2, #2 Exhibit 34 Part 3)(Sinatra, John) |
Filing 123 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, Exhibit 5, Parts 1 Through 4 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit 5 Part 2, #2 Exhibit 5 Part 3, #3 Exhibit 5 Part 4)(Sinatra, John) |
Filing 122 CONTINUATION OF EXHIBITS by Jim Ball Pontiac-Buick-GMC, Inc.. to #121 Exhibit List,,, Exhibit 24 Parts 1 Through 4 filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit 24 Part 2, #2 Exhibit 24 Part 3, #3 Exhibit 24 Part 4)(Sinatra, John) |
Filing 121 Exhibit List Joint Exhibit List by Jim Ball Pontiac-Buick-GMC, Inc... (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 35, #32 Exhibit DHL A, #33 Exhibit DHL B, #34 Exhibit DHL E, #35 Exhibit DHL F, #36 Exhibit DHL G, #37 Exhibit DHL H, #38 Exhibit DHL I, #39 Exhibit DHL J)(Sinatra, John) |
Filing 120 NOTICE by Jim Ball Pontiac-Buick-GMC, Inc. re #114 Trial Brief Joint Deposition Designations for Jim Ball (Sinatra, John) |
Filing 119 NOTICE by Jim Ball Pontiac-Buick-GMC, Inc. re #114 Trial Brief Joint Deposition Designations for Gary Preischel (Sinatra, John) |
Filing 118 NOTICE by Jim Ball Pontiac-Buick-GMC, Inc. re #114 Trial Brief Joint Deposition Designations for Kevin Grupp (Sinatra, John) |
Filing 117 NOTICE by Jim Ball Pontiac-Buick-GMC, Inc. re #114 Trial Brief Joint Deposition Designations for Charles Boice (Sinatra, John) |
Filing 116 NOTICE by Jim Ball Pontiac-Buick-GMC, Inc. re #114 Trial Brief Joint Deposition Designations for Hank Gibson (Sinatra, John) |
Filing 115 STIPULATION Joint Fact Stipulations by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 114 TRIAL BRIEF by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/16/2014, before Judge Leslie G. Foschio. Court Reporter/Transcriber Christi A. Macri, FAPR, RMR, CRR, CRI, email: christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2014. Redacted Transcript Deadline set for 11/17/2014. Release of Transcript Restriction set for 1/14/2015. (CMD) |
Filing 112 STIPULATION AND ORDER. Parties shall exchange and file joint set of factual stipulations by 10/23/2014. Parties shall exchange and file opposition trial briefs by 11/20/2014. Parties and court have the right to demand and compel the attendance of any witness by 12/4/2014. Bench Trial set for 12/18/2014 before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 9/29/2014. (SDW) |
Filing 111 STIPULATION re 110 Telephone Conference, (Trial Procedure and Protocol) by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Donley, Joseph) |
Filing 110 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Telephone Conference held on 9/16/2014. Parties discussed court conducting a bench trial based upon proposed protocol. Such proposed protocol to be provided to the court by 9/26/2014. Appearances: Pltf-John Sinatra, Esq.; Dft-Andrew Wong, Esq., Ed Woodsome, Esq. (Court Reporter FTR Gold.) (SDW) |
Filing 109 TEXT ORDER. At the request of the parties, a Pretrial Telephone Conference is set for 9/16/2014 02:00 PM before Hon. Leslie G. Foschio. The court will initiate the call. Issued by Hon. Leslie G. Foschio on 9/12/2014. (SDW) |
Filing 108 SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Pretrial Statements due by 10/15/2014. Final Pretrial Conference set for 11/5/2014 02:00 PM before Hon. Leslie G. Foschio. Jury Selection set for 11/12/2014 10:00AM before Hon. Leslie G. Foschio. Jury Trial set for 11/13/2014 10:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 6/25/2014. (SDW) |
Filing 107 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling Conference held on 6/25/2014. Trial dates discussed and selected. Scheduling Order to be filed by the court. Appearances: Pltf-John Sinatra, Esq., Reetuparna Dutta, Esq.; Dft-Andrew Wong, Esq. (Court Reporter FTR Gold.) (SDW) |
Filing 106 TEXT ORDER. Scheduling Conference set for 6/25/2014 11:30 AM before Hon. Leslie G. Foschio; adjourned from 5/27/2014 at the request of counsel. Out-of-town counsel wishing to participate by telephone shall provide the court with their telephone numbers prior to the conference. Issued by Hon. Leslie G. Foschio on 5/23/2014. (SDW) |
Filing 105 TEXT ORDER. Pretrial Conference set for 5/27/2014 11:30 AM before Hon. Leslie G. Foschio to set trial dates. Issued by Hon. Leslie G. Foschio on 5/19/2014. (SDW) |
Filing 104 CONSENT to Jurisdiction by US Magistrate Judge by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc., Jim Ball Pontiac-Buick-GMC, Inc.. Case reassigned to Magistrate Hon. Leslie G. Foschio. Signed by Hon. John T. Curtin on 05/07/14. (SG) |
Filing 103 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 4/9/2014 with counsel. Counsel stated that they are ready for trial. After discussion, counsel agreed to consent to trial before a Magistrate Judge, and will submit the required consent form to the court forthwith. Appearances: John Sinatra, Jr. for Plaintiff; Edwin Woodsome and Andrew Wong for Defendant. Court time: 1:15 - 1:30 p.m. (JEC) |
Filing 102 NOTICE of Appearance by Reetuparna Dutta on behalf of All Plaintiffs (Dutta, Reetuparna) |
NOTICE of Hearing: Status Telephone Conference set for 4/9/2014 at 1:15 p.m. before Hon. John T. Curtin. The court will initiate the call.(JEC) |
Filing 101 STATUS REPORT This case remains ready for trial by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Certificate of Service)(Oliverio, Daniel) |
Filing 100 STATUS REPORT Mediation unsuccessful. Awaiting the Court's instructions. by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Filing 99 Mediation Certification by Jim Ball Pontiac-Buick-GMC, Inc. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Filing 98 STATUS REPORT Mediation conclusion and trial readiness letter by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Filing 97 Stipulation-Selection of Mediator by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 96 ORDER REFERRING CASE to Mediation. Stipulation of Selection of Mediator due by 11/14/2012. First Mediation Session due by 1/9/2013. Mediation To End by 4/17/2013. Signed by Hon. John T. Curtin on 10/17/2012. (JEC) |
Filing 95 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 10/17/2012 with counsel. Counsel informed the court that discovery is complete and that they have narrowed the issues for trial. The court directed that this matter be referred to mediation before a trial date is set. Appearances: John Sinatra for Plaintiff; Andrew Wong for Defendant. Court time: 2:00 - 2:20 p.m. (JEC) |
Filing 94 TEXT ORDER: Defendants' #87 MOTION to Withdraw William K. Dodds as Attorney of Record is hereby GRANTED. SO ORDERED. Signed by Hon. John T. Curtin on 9/27/2012. (JEC) |
NOTICE of Hearing: Status Telephone Conference set for 10/17/2012 at 2 p.m. before Hon. John T. Curtin, adjourned from 10/3/2012. The court will initiate the call. (JEC) |
NOTICE of Hearing: Status Telephone Conference set for 10/3/2012 02:00 PM before Hon. John T. Curtin. The court will initiate the call.(JEC) |
Filing 93 DECISION AND ORDER granting Defendant's #90 MOTION for Partial Summary Judgment. Signed by Hon. John T. Curtin on 9/6/2012. (JEC) (Additional attachment(s) added on 9/17/2012: #1 Decision and Order) (JEC). |
Appeal Record Returned: #59 Clerks Certificate (DR) |
Filing 92 REPLY to Response to Motion re #90 MOTION for Partial Summary Judgment filed by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Certificate of Service)(Woodsome, Edwin) |
Filing 91 MEMORANDUM in Opposition re #90 MOTION for Partial Summary Judgment filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 90 MOTION for Partial Summary Judgment by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Memorandum in Support of Defendants' Motion for Partial Summary Judgment Limiting Plaintiff's Damages Claim, #2 Certificate of Service)(Woodsome, Edwin) |
Filing 89 TEXT ORDER: Pursuant to the Status Conference held on 2/29/2012, Defense Counsel is directed to file a motion on the limitation of damages on or before 3/21/2012. Plaintiff's Counsel may have until 4/4/2012 in which to file a Response. A Reply, if desired, may be filed by Defense Counsel on or before 4/18/2012. The court will then consider the Motion submitted or set a date for Oral Argument. SO ORDERED. Signed by Hon. John T. Curtin on 3/9/2012. (JEC) |
Set/Reset Deadlines: Motion due by 3/21/2012; Response due by 4/4/2012; Reply due by 4/18/2012. (JEC) |
Filing 88 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 2/29/201 with counsel. Plaintiff's counsel stated that he would like an opportunity to confirm that fact discovery has bee completed. Plaintiff's counsel stated that he is not likely to designate an expert witness. Defense counsel requested the opportunity to file a motion regarding limitation on damages. The court directed defense counsel to do so within three weeks, and then plaintiffs counsel will have two weeks to file a response. The court will then determine whether oral argument is necessary. Appearances: John Sinatra for Plaintiff; Joseph Donley for Defendant. Court time: 2:00 - 2:25 p.m. (JEC) |
Filing 87 MOTION to Withdraw William K. Dodds as Attorney of Record by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Exhibit Declaration of Josheph F. Donley in Support of Motion to Withdraw William K. Dodds as Attorney of Record, #2 Certificate of Service)(Donley, Joseph) |
NOTICE of Hearing: Status Telephone Conference set for 2/29/2012 at 2 p.m. before Hon. John T. Curtin. The court will initiate the call.(JEC) |
Filing 86 DECISION AND ORDER denying #78 Renewed Motion to Certify Class. Signed by Hon. John T. Curtin on 1/25/2012. (JEC) |
Filing 85 TEXT ORDER: Defendants' #83 MOTION to Withdraw Meredith Schaum as attorney of record is hereby GRANTED: SO ORDERED. Signed by Hon. John T. Curtin on 12/28/2011. (JEC) |
Filing 84 CERTIFICATE OF SERVICE by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. re #83 MOTION to Withdraw Meredith Schaum as attorney of record (Donley, Joseph) |
E-Filing Notification: No proof of service. Action required: File proof of service #83 MOTION to Withdraw Meredith Schaum as attorney of record (DR) |
Filing 83 MOTION to Withdraw Meredith Schaum as attorney of record by DHL Express (USA), Inc., DHL Holdings (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc..(Donley, Joseph) |
Filing 82 Minute Entry for proceedings held before Hon. John T. Curtin: Status Telephone Conference held on 11/9/2011 with counsel. Counsel reported that the Plaintiff's Motion to Certify the Class is fully briefed. The court stated that it will review such briefs and issue a decision in the near future. Appearances: John Sinatra for Plaintiff; Andrew Wong for Defendant. Court time: 2:00 - 2:10 p.m. (JEC) |
Filing 81 Sealed Document re #80 Exhibit 4. Maintained in paper form in the Clerk's Office. (DR) |
Filing 80 MEMORANDUM in Support re #78 MOTION to Certify Class and Related Relief filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Reply Declaration of John L. Sinatra, Jr., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 - Filed Under Seal, #6 Certificate of Service)(Sinatra, John) |
Remark: Counsel for Defendant DHL Express has telephonically notified the court that they were unable to file their #79 Memorandum in Opposition to #78 Motion for Class Certification until 10/22/2011 because the court's server was down after 5 p.m. on 10/21/2011. Additionally, defense counsel was able to serve copies of this response on opposing counsel timely. The court accepts this explanation, and no further documentation is necessary from defense counsel. (JEC) |
Filing 79 MEMORANDUM in Opposition re #78 MOTION to Certify Class and Related Relief filed by DHL Express (USA), Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Affidavit (Declaration) of Joseph F. Donley, #2 Certificate of Service)(Woodsome, Edwin) |
Set/Reset Deadlines: Responses due by 10/21/2011; Replies due by 11/7/2011. (JEC) |
TAKE NOTICE THAT Defense Counsel is directed to file a Response to Plaintiffs' #78 Motion for Class Action status and other related relief by 10/21/2011. Plaintiffs' Counsel may file a Reply, if desired, by 11/7/2011. The court will then conduct a Telephone Conference with counsel on 11/9/2011 at 2 p.m. The Status Telephone Conference currently scheduled for 10/12/2011 is canceled. (JEC) |
Filing 78 MOTION to Certify Class and Related Relief by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Declaration of John L. Sinatra Jr., #2 Exhibit A-G, #3 Memorandum in Support, #4 Certificate of Service)(Sinatra, John) |
NOTICE of Hearing: Status Telephone Conference set for 10/12/2011 at 2 p.m. before Hon. John T. Curtin. The court will initiate the call.(JEC) |
Filing 77 STIPULATION on consent for withdrawal of attorney and substitution of counsel by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Donley, Joseph) |
Filing 76 NOTICE of Appearance by Meredith Schaum on behalf of DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. (Schaum, Meredith) |
Filing 75 MANDATE, of USCA, denying Petitioner's petition for leave to appeal the district court's order denying class certification, because an immediate appeal is unwarranted. (DR) |
Filing 74 STATUS REPORT May 2011 Joint Status Report by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 73 NOTICE of Appearance by Joseph F. Donley on behalf of DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. (Donley, Joseph) |
Filing 72 ORDER granting #68 Defendants' Motion for Pro Hac Vice admission of Andrew S. Wong. Signed by Hon. John T. Curtin on 5/4/2011. (JEC) |
Filing 71 ORDER granting #66 Defendants' Motion for Pro Hac Vice admission of William W. Oxley. Signed by Hon. John T. Curtin on 5/4/2011. (JEC) |
Filing 70 ORDER granting #67 Defendants' Motion for Pro Hac Vice admission of Christopher S. Ruhland. Signed by Hon. John T. Curtin on 5/4/2011. (JEC) |
Filing 69 ORDER granting #65 Defendants' Motion for Pro Hac Vice admission of Edwin V. Woodsome. Signed by Hon. John T. Curtin on 5/4/2011. (JEC) |
Pro Hac Vice fee: $ 300.00, receipt number 23661 for Edwin Woodsome, William Oxley, Christopher S. Ruhland and Andrew Wong. (DR) |
Filing 68 MOTION to appear pro hac vice of Andrew S. Wong (Filing fee $ 75.) by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Text of Proposed Order for Admission of Andrew S. Wong Pro Hac Vice, #2 Certificate of Service)(Dodds, William) |
Filing 67 MOTION to appear pro hac vice of Christopher S. Ruhland (Filing fee $ 75.) by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Text of Proposed Order for Admission of Christopher S. Ruhland Pro Hac Vice, #2 Certificate of Service)(Dodds, William) |
Filing 66 MOTION to appear pro hac vice of William W. Oxley (Filing fee $ 75.) by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Text of Proposed Order for Admission of William W. Oxley Pro Hac Vice, #2 Certificate of Service)(Dodds, William) |
Filing 65 MOTION to appear pro hac vice of Edwin V. Woodsome (Filing fee $ 75.) by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Text of Proposed Order for Admission of Edwin V. Woodsome Pro Hac Vice, #2 Certificate of Service)(Dodds, William) |
Filing 64 NOTICE of Appearance by William K. Dodds on behalf of DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. (Dodds, William) |
Filing 63 NOTICE by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc. Of Substitution of Counsel (Dodds, William) |
Filing 62 ORDER amending the appearances in this court's #61 Decision and Order. Signed by Hon. John T. Curtin on 4/18/2011. (JEC) |
Filing 61 DECISION AND ORDER denying Plaintiff's #53 Renewed Motion for Summary Judgment. The parties are directed to contact the court when discovery is complete to establish a further schedule. Signed by Hon. John T. Curtin on 4/7/2011. (JEC) |
Filing 60 ORDER denying #37 Plaintiff's Motion to compel without prejudice. If plaintiff seeks court intervention after a good faith effort to resolve outstanding discovery disputes has been made, a renewed motion to compel shall be filed not later than 5/1/2011. Signed by Hon. John T. Curtin on 3/30/2011. (JEC) |
Filing 59 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (DR) |
Filing 58 DECISION AND ORDER denying Plaintiffs' Motion for Class Certification. Signed by Hon. John T. Curtin on 2/28/2011. (JEC) |
Filing 57 STATUS REPORT Joint by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 56 REPLY to Response to Motion re #53 MOTION for Partial Summary Judgment on Liability; Local Rule 56.1 Statement of Material Facts filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 55 MEMORANDUM in Opposition re #53 MOTION for Partial Summary Judgment on Liability; Local Rule 56.1 Statement of Material Facts filed by DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc.. (Attachments: #1 Defendants' Response To Jim Ball Pontiac-Buick-GMC, Inc.'s Local Rule 56.1 Statement Of Material Facts, #2 Declaration of Elyse D. Echtman, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P)(Coll, J.) |
NOTICE: Opposing Counsel is directed to file a Response to Plaintiff's #53 MOTION for Partial Summary Judgment on or before 10/22/2010. If a Reply is desired, such Reply shall be filed on or before 11/3/2010. The court will then consider the Motion submitted. (JEC) |
Set/Reset Deadlines: Response due by 10/22/2010; Reply due by 11/3/2010. (JEC) |
Filing 54 Sealed Document. (Attachments: #1 sealed, #2 sealed, #3 sealed, #4 sealed, #5 sealed, #6 sealed, #7 sealed, #8 sealed, #9 sealed, #10 sealed, #11 sealed, #12 sealed)(DR) |
Filing 53 MOTION for Partial Summary Judgment on Liability; Local Rule 56.1 Statement of Material Facts by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Declaration in Support, #2 Exhibit, #3 Certificate of Service)(Sinatra, John) |
Filing 52 REPLY/RESPONSE to re #49 MOTION for Leave to File the Supplemental Declaration of John L. Sinatara, Jr. In Further Support of its Motion to Compel filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Pro Hac Vice fee: $ 75.00, receipt number 19774 for attorney George Kimmet. (DR) |
Filing 51 RESPONSE to Motion re #49 MOTION for Leave to File the Supplemental Declaration of John L. Sinatara, Jr. In Further Support of its Motion to Compel -- DECLARATION OF J. PETER COLL, JR. IN RESPONSE TO JIM BALL'S MOTION TO SUBMIT THE SUPPLEMENTAL DECLARATION OF JOHN L. SINATRA, JR. filed by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Exhibits A and B, #2 Certificate of Service)(Coll, J.) |
Filing 50 MEMORANDUM in Support re #39 MOTION to Certify Class filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Declaration of John L. Sinatra, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Robert B. Conklin, #6 Certificate of Service)(Sinatra, John) |
Filing 49 MOTION for Leave to File the Supplemental Declaration of John L. Sinatara, Jr. In Further Support of its Motion to Compel by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Supplmental Declaration of John L. Sinatra, Jr. in Support of Jim Ball's Motion to Compel, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Sinatra, John) |
Filing 48 ORDER granting #45 Motion for the pro hac vice admission of George T. Kimmet. Signed by Hon. John T. Curtin on 8/24/2010. (JEC) |
Filing 47 TAKE NOTICE THAT the Letter Request, identified as a #46 MOTION for Leave to File Excess Pages, submitted by Plaintiff's Counsel, John Sinatra, is granted. However, counsel shall not docket letters to the court, and shall instead submit such letters directly to chambers via mail or fax transmission. (JEC) |
Filing 46 MOTION for Leave to File Excess Pages by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Attorney Admission to the State of New York verified as to attorney George Kimmet. (DR) |
Filing 45 MOTION for Leave to Appear Pro Hac Vice of George Kimmet. by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Affidavit of Counsel, #2 Affidavit of George Kimmet, Esq., #3 Text of Proposed Order, #4 Certificate of Service)(Echtman, Elyse) |
Filing 44 MEMORANDUM in Opposition re #39 MOTION to Certify Class filed by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Declaration of Hank Gibson, #2 Exhibits A and B To Declaration of Hank Gibson, #3 Declaration of Charles Boice, #4 Declaration of Elyse D. Echtman, #5 Exhibits A Through D To Declaration of Elyse D. Echtman, #6 Exhibits E Through J To Declaration of Elyse D. Echtman, #7 Exhibits K Through M To Declaration of Elyse D. Echtman, #8 Certificate of Service)(Coll, J.) |
Filing 43 Mediation Certification by John S Martin(SG) |
Filing 42 REPLY to Response to Motion re #37 MOTION to Compel filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 41 NOTICE re #39 MOTION to Certify Class: Defense Counsel is directed to file a Response to Plaintiffs' Motion to Certify Class on or before 8/9/2010. Plaintiffs' Counsel may file a Reply, if desired, on or before 8/27/2010. The court will then consider the Motion submitted. (JEC) |
Set/Reset Deadlines: Response due by 8/9/2010; Reply due by 8/27/2010. (JEC) |
Filing 40 MEMORANDUM in Opposition re #37 MOTION to Compel filed by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Declaration of Elyse D. Echtman, #2 Exhibits A Through E To Declaration of Elyse D. Echtman, #3 Certificate of Service)(Coll, J.) |
Filing 39 MOTION to Certify Class by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of John L. Sinatra, Jr., with exhibit, #3 Declaration of Kevin Grupp, #4 Certificate of Service)(Sinatra, John) |
Filing 38 TEXT ORDER: Plaintiff's Counsel has filed a #37 Motion to Compel. Defense Counsel is directed to file a Response by 7/12/2010. A Reply, if desired, shall be filed on or before 7/26/2010. The court will then consider the Motion submitted. Signed by Hon. John T. Curtin on 6/16/2010. (JEC) |
Filing 37 MOTION to Compel by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of John L. Sinatra, Jr., #3 Exhibit s A-K to Declaration of John L. Sinatra, Jr., #4 Exhibit s L-S to Declaration of John L. Sinatra, Jr., #5 Certificate of Service)(Sinatra, John) |
Filing 36 Stipulation-Selection of Mediator by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 35 TEXT ORDER: The joint request of the parties for a 10-day extension for the selection of a Mediator until 6/3/2010 is hereby granted. SO ORDERED. Signed by Hon. John T. Curtin on 5/25/2010. (JEC) |
Filing 34 Letter from John L. Sinatra, Jr., Esq., dated 5/24/2010, to Hon. John T. Curtin jointly requesting a 10-day extension in the selection of a Mediator. (JEC) |
Filing 33 DECISION AND ORDER denying [19, 20] Motions for Summary Judgment. This case is hereby referred to Mediation. Stipulation of Selection of Mediator due by 5/24/2010, First Mediation Session due by 7/19/2010, Mediation To conclude by 1/10/2011. Signed by Hon. John T. Curtin on 5/5/2010. (JEC) |
Filing 32 STIPULATION AND ORDER: Stipulated Protective Order. Signed by Hon. John T. Curtin on 8/4/2009. (JEC) |
Filing 31 DECLARATION signed by John L. Sinatra, Jr. re #20 Cross MOTION for Summary Judgment, #19 MOTION for Partial Summary Judgment on Liability, #30 Order, Terminate Motions filed by Jim Ball Pontiac-Buick-GMC, Inc. Second Supplemental. (Attachments: #1 Certificate of Service)(Sinatra, John) |
Filing 30 ORDER granting Plaintiff's #28 MOTION for Leave to File Second Supplemental Declaration of John L. Sinatra, Jr., in Further Support of Plaintiff's Motion for Partial Summary Judgment. Signed by Hon. John T. Curtin on 7/13/2009. (JEC) |
Filing 29 MEMORANDUM in Opposition re #28 MOTION for Leave to File Second Supplemental Declaration of John L. Sinatra, Jr., in Further Support of Jim Ball's Summary Judgment Briefing filed by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Certificate of Service)(Coll, J.) |
Filing 28 MOTION for Leave to File Second Supplemental Declaration of John L. Sinatra, Jr., in Further Support of Jim Ball's Summary Judgment Briefing by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Second Supplemental Declaration of John L. Sinatra, Jr., #2 Certificate of Service)(Sinatra, John) |
Filing 27 REPLY to Response to Motion re #20 Cross MOTION for Summary Judgment /Defendants' Reply In Further Support Of Defendants' Cross-Motion For Summary Judgment filed by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Defendants' Response To Jim Ball Pontiac-Buick-GMC, Inc.'s Local Rule 56.1 Statement Of Material Facts Dated April 13, 2009, #2 Defendants' Supplemental Evidentiary Appendix, #3 Exhibits 1 Through 4 To Defendants' Supplemental Evidentiary Appendix, #4 Certificate of Service)(Echtman, Elyse) |
Filing 26 REPLY/RESPONSE to re #20 Cross MOTION for Summary Judgment, #19 MOTION for Partial Summary Judgment on Liability Memorandum of Law filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Oliverio, Daniel) |
E-Filing Notification: #22 REPLY/RESPONSE - please note that the name in the signature block (D. Oliverio) does not match the name of the filing attorney's password (J. Sinatra). Action required: refile with a signature that matches the password being used to file the document. (JMM) |
Filing 25 CERTIFICATE OF SERVICE by Jim Ball Pontiac-Buick-GMC, Inc. re #22 Reply/Response, #23 Reply/Response, #24 Reply/Response, #21 Reply/Response (Sinatra, John) |
Filing 24 REPLY/RESPONSE to re #20 Cross MOTION for Summary Judgment Jim Ball's Response to DHL's LR 56.1 Statement of Material Facts filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 23 REPLY/RESPONSE to re #20 Cross MOTION for Summary Judgment, #19 MOTION for Partial Summary Judgment on Liability Evidentiary Appendix, with attachments filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Supplemental Declaration of Gary Preischel, #2 Exhibit to Supplemental Preischel Declaration, #3 Supplemental Declaration of John Sinatra, Jr., #4 Exhibit to Supplemental Sinatra Declaration)(Sinatra, John) |
Filing 22 REPLY/RESPONSE to re #20 Cross MOTION for Summary Judgment, #19 MOTION for Partial Summary Judgment on Liability LR 56.1 Statement of Material Facts in Opposition filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 21 REPLY/RESPONSE to re #20 Cross MOTION for Summary Judgment, #19 MOTION for Partial Summary Judgment on Liability Reply/Response Memorandum of Law filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Sinatra, John) |
Filing 20 Cross MOTION for Summary Judgment by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Attachments: #1 Defendants' Response To Jim Ball Pontiac-Buick-GMC, Inc.'s Local Rule 56.1 Statement Of Material Facts, #2 Defendants' Evidentiary Appendix To Local Rule 56.1 Statement Of Material Facts, #3 Defendants' Memorandum Of Law In Support Of Defendants' Cross-Motion For Summary Judgment Dismissing The Amended Complaint And In Opposition To Plaintiff's Motion For Partial Summary Judgment, #4 Certificate of Service)(Echtman, Elyse) |
Filing 19 MOTION for Partial Summary Judgment on Liability by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Memorandum in Support, #2 Evidentiary Appendix to Local Rule 56.1 Statement of Material Facts, with Declarations and Exhibits, #3 Certificate of Service)(Oliverio, Daniel) |
E-Filing Notification: 18 TEXT ORDER amended to insert the date of 3/12/2009 for Defense Counsel to file their Response and Cross-Motion. (JEC) |
Filing 18 TEXT ORDER: Pursuant to the Initial Pretrial Telephone Conference held on 1/15/2009, Plaintiff's Counsel is directed to file a Motion for Partial Summary Judgment on Liability by 2/10/2009, Defense Counsel shall file a Response and Cross-Motion by 3/12/2009, Plaintiff's Counsel shall file a Reply to the Motion and a Response to the Cross-Motion by 4/13/2009, and Defense Counsel shall file a Reply to the Cross-Motion by 4/28/2009. The court will then consider the Motion submitted or set a date for Oral Argument. Signed by Hon. John T. Curtin on 1/16/2009. (JEC) Modified on 1/23/2009 (JEC). |
Filing 17 Minute Entry for proceedings held before Hon. John T. Curtin: Initial Pretrial Telephone Conference held on 1/15/2009 with counsel. Counsel reported that they have begun initial discovery. They have agreed that at this juncture, and as encompassed in the #16 proposed Scheduling Order, Plaintiff's Counsel will file a Motion for Partial Summary Judgment on Liability by 2/10/2009, Defense Counsel will file a Response and Cross-Motion by 3/12/2009, Plaintiff's Counsel will then file Response to Defendant's Cross-Motion and Reply to Plaintiff's Motion by 4/13/2009, and Defense Counsel will then file Reply to Defendant's Cross-Motion by 4/28/2009. The court approved this schedule and indicated that Oral Argument will probably be scheduled upon receipt of the papers, or the matter will be submitted on the papers. The application for class certification will follow the decision on this motion/cross-motion. The parties also discussed possible difficulty about the moving of a depository, and will be gathering more information with regard to this. The court will issue a Text Order relative to the Motion schedule. Appearances: Joseph Sedita, John Sinatra, Robert Fluskey, and Jennifer Mucha for Plaintiff; J. Peter Coll, Jr. and Elyse Echtman for Defendant. Court time: 10:30 - 10:50 a.m.(JEC) |
Filing 16 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 (Proposed) Scheduling Order, #2 Certificate of Service)(Coll, J.) |
NOTICE of Hearing: Initial Telephone Conference set for 1/15/2009 at 10:30 a.m. before Hon. John T. Curtin. The court shall initiate the call.(JEC) |
Filing 15 CERTIFICATE OF SERVICE by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc. re #13 Answer to Amended Complaint, #14 Corporate Disclosure Statement (Coll, J.) |
E-Filing Notification: Filed Without Proof of Service** #13 ANSWER, #14 Corporate Disclosure Statement (JDK) |
Filing 14 Corporate Disclosure Statement by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Coll, J.) |
Filing 13 ANSWER to #3 Amended Complaint by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc..(Coll, J.) |
Filing 12 STIPULATION AND ORDER extending the time for Defendants to answer or otherwise respond to the Complaint until 11/25/2008, and waiving the local service address requirement of Local Rule 83.2. Signed by Hon. John T. Curtin on 11/10/2008. (JEC) |
Filing 11 NOTICE of Appearance by J. Peter Coll, Jr on behalf of all defendants (Coll, J.) |
Filing 10 STIPULATION And Proposed Order by DPWN Holdings (USA), Inc., DHL Express (USA), Inc., DHL Worldwide Express, Inc.. (Coll, J.) |
Filing 9 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DPWN Holdings (USA), Inc. served on 10/17/2008, answer due 11/6/2008. (Sinatra, John) |
Filing 8 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DHL Worldwide Express, Inc. served on 10/20/2008, answer due 11/10/2008. (Sinatra, John) |
Filing 7 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DHL Express (USA), Inc. served on 10/20/2008, answer due 11/10/2008. (Sinatra, John) |
Filing 6 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DPWN Holdings (USA), Inc. served on 10/16/2008, answer due 11/5/2008. (Sinatra, John) |
Filing 5 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DHL Worldwide Express, Inc. served on 10/15/2008, answer due 11/4/2008. (Sinatra, John) |
Filing 4 SUMMONS Returned Executed by Jim Ball Pontiac-Buick-GMC, Inc.. DHL Express (USA), Inc. served on 10/15/2008, answer due 11/4/2008. (Sinatra, John) |
Filing 3 AMENDED COMPLAINT (First) against all defendants, filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2)(Oliverio, Daniel) |
AMENDED Summons Issued as to DHL Express (USA), Inc., DHL Worldwide Express, Inc., DPWN Holdings (USA), Inc, . (JDK) Modified on 10/16/2008 to identify party served pursuant to filing of amended complaint (JDK). |
E-Filing Notification: AMENDED Summons Issued ** Modified on 10/16/2008 to identify party served pursuant to filing of amended complaint (JDK). (JDK) |
Filing 2 CORPORATE DISCLOSURE STATEMENT by Jim Ball Pontiac-Buick-GMC, Inc.. (JDK) |
Filing 1 COMPLAINT against DHL Express (USA), Inc., DHL Worldwide Express, Inc., DHL Holdings (USA), Inc. ( Filing fee $ 350 receipt number 9799.), filed by Jim Ball Pontiac-Buick-GMC, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2)(JDK) |
Summons Issued as to DHL Express (USA), Inc., DHL Worldwide Express, Inc., DHL Holdings (USA), Inc.. (JDK) |
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