Stampede Presentation Products, Inc. v. Productive Transportation, Inc. et al
Defendant: 1Saleaday LLC
Counter Claimant: Productive Transprotation Carrier Corp. and Productive Transportation, Inc.
Counter Defendant: Stampede Presentation Products, Inc.
Case Number: 1:2012cv00491
Filed: May 24, 2012
Court: US District Court for the Western District of New York
Office: Buffalo Office
County: Erie
Presiding Judge: Richard J Arcara
Referring Judge: H Kenneth Schroeder
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 49 U.S.C. § 81
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 4, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2014 Filing 37 -CLERK TO FOLLOW UP-TEXT ORDER: Pursuant to the parties' stipulation and order of settlement, the matter is discontinued with prejudice. The Clerk of the Court is instructed to close the case. Issued by Hon. Richard J. Arcara on March 4, 2014.(MLM)
March 3, 2014 Filing 36 STIPULATION of Dismissal by Stampede Presentation Products, Inc.. (Falkides, A.)
February 10, 2014 Filing 35 Minute Entry for proceedings held before Hon. H. Kenneth Schroeder, Jr: Settlement Conference held on 2/10/2014. A. Nicholas Falkides appeared on behalf of plaintiff with plaintiff representative; Narinder Parmar appeared on behalf of defendant with defendant representative; Zach Weber from Travelers Insurance Company participated by telephone. Settlement reached. Terms of settlement placed on the record and agreed to by parties. Payment of monies shall be completed by 3/3/2014. Settlement documents and stipulation to be executed and submitted to the Court no later than 3/3/2014. (Court Reporter FTR Gold.) (LMG)
February 3, 2014 Filing 34 TEXT ORDER re #29 Scheduling Order. Defendants' letter request to adjourn the deadline for the filing of dispositive motions is granted. A Settlement Conference is scheduled for February 10, 2014. If necessary, a new dispositive motion deadline will be set at the conclusion of the Settlement Conference. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on February 3, 2014. (APG)
January 3, 2014 Filing 33 TEXT ORDER re 32 Text Order, Set Hearings. The Settlement Conference scheduled for January 9, 2014 has been re-scheduled to February 10, 2014 at 11:00 a.m. before Hon. H. Kenneth Schroeder, Jr. In addition to counsel for the parties, a representative with settlement authority of both plaintiff and defendants shall be present for the Settlement Conference. Defendants' insurance adjuster may participate in the Settlement Conference by telephone. Defendants' counsel shall provide a telephone number where the insurance adjuster may be reached in advance of the Settlement Conference. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on January 3, 2014. (APG)
December 12, 2013 Filing 32 TEXT ORDER: At the request of counsel for defendants, the Settlement Conference has been adjourned to 1/9/2014 at 02:00 PM before the Hon. H. Kenneth Schroeder Jr. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder, Jr. on 12/13/13. (LMG)
November 7, 2013 Filing 31 TEXT ORDER: A Settlement Conference is set for 12/20/2013 at 10:00 AM before Hon. H. Kenneth Schroeder, Jr. In addition to counsel for the parties, a representative with settlement authority of both plaintiff and defendants shall be present for the Settlement Conference. Defendants' insurance adjuster may participate in the Settlement Conference by telephone. Defendants' counsel shall provide a telephone number where the insurance adjuster may be reached in advance of the Settlement Conference. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on November 7, 2013. (APG)
July 12, 2013 Filing 30 Stipulation-Selection of Mediator by Productive Transportation, Inc.. (Wright, George)
June 26, 2013 Filing 29 CASE MANAGEMENT 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.) Stipulation of Selection of Mediator due by 7/12/2013; Motions to Join Parties/Amend Pleadings due by 7/15/2013; First Mediation Session due by 8/16/2013; Plaintiff Expert Witness ID due by 10/1/2013; Defendant Expert Witness ID due by 11/1/2013; Discovery completed by 1/3/2014; Dispositive Motions due by 2/3/2014; Mediation To End by 2/21/2014. Signed by Hon. H. Kenneth Schroeder, Jr. on 6/26/13. (LMG)
May 21, 2013 Opinion or Order Filing 28 ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder, Jr. on 5/21/13. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
May 21, 2013 Filing 27 -CLERK TO FOLLOW UP-ORDER granting defendant 1SaleADay's #13 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendation re #26 . Signed by Hon. Richard J. Arcara on 5/21/2013. (JMB)
April 30, 2013 Filing 26 REPORT AND RECOMMENDATIONS re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 1Saleaday LLC. Objections due fourteen days from receipt. Signed by Hon. H. Kenneth Schroeder, Jr on 4/30/2013. (KER)
August 7, 2012 Filing 25 ANSWER to #20 Answer to Amended Complaint, Counterclaim by Stampede Presentation Products, Inc.. (Attachments: #1 Certificate of Service)(Falkides, A.)
July 31, 2012 Filing 24 AFFIRMATION filed by 1Saleaday LLC Affirmation of Service. (Lewis, Brett)
July 31, 2012 Filing 23 AFFIDAVIT re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 1Saleaday LLC. (Attachments: #1 Exhibit Ex. A to Affidavit of ELI FEDERMAN in Support of Reply)(Lewis, Brett) Modified on 8/1/2012 to correctly identify document filed (DR).
July 31, 2012 Filing 22 REPLY in Support 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 1Saleaday LLC.(Lewis, Brett) Modified on 8/1/2012 to correctly identify document filed (DR).
July 31, 2012 Filing 21 ADR Notice and Plan electronically forwarded to attorneys.(DLC)
July 30, 2012 Filing 20 ANSWER to #16 Amended Complaint, COUNTERCLAIM against Stampede Presentation Products, Inc. by Productive Transportation, Inc., Productive Transprotation Carrier Corp..(Wright, George)
July 20, 2012 Filing 19 DECLARATION re #18 Memorandum in Opposition to Motion filed by Stampede Presentation Products, Inc. of A. Nicholas Falkides filed by Stampede Presentation Products, Inc.. (Attachments: #1 Certificate of Service for Opposition to Mtn. to Dismiss)(Falkides, A.)
July 20, 2012 Filing 18 MEMORANDUM in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stampede Presentation Products, Inc.. (Falkides, A.)
July 9, 2012 Filing 17 AFFIDAVIT of Service for Amended Complaint served on All Defendants on 7/9/12, filed by Stampede Presentation Products, Inc.. (Falkides, A.)
July 9, 2012 Filing 16 AMENDED COMPLAINT against All Defendants, filed by Stampede Presentation Products, Inc..(Falkides, A.)
June 22, 2012 Filing 15 TEXT ORDER re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 1Saleaday LLC: Responses due by 7/20/2012. Replies due by 8/3/2012. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr on 6/22/2012. (KER)
June 20, 2012 Filing 14 AFFIRMATION signed by /s/ Brett E. Lewis filed by 1Saleaday LLC. (Lewis, Brett)
June 20, 2012 E-Filing Notification: No proof of service. Action required: File proof of service #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DR)
June 19, 2012 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 1Saleaday LLC. (Attachments: #1 Notice of Motion, #2 Declaration of Brett Lewis, Esq.)(Lewis, Brett)
June 8, 2012 Filing 12 ADR Notice and Plan electronically forwarded to attorneys.(DR)
June 8, 2012 Filing 11 Corporate Disclosure Statement by Stampede Presentation Products, Inc. identifying Corporate Parent Murcell, Inc. for Stampede Presentation Products, Inc... (Falkides, A.)
June 8, 2012 Filing 10 AFFIDAVIT of Service for Answer to Counterclaim served on Defendants on 6.8.12, filed by Stampede Presentation Products, Inc.. (Falkides, A.)
June 8, 2012 Filing 9 ANSWER to Complaint Counterclaim by Stampede Presentation Products, Inc..(Falkides, A.)
June 6, 2012 Filing 8 AFFIDAVIT of Service for Demand for Jury Trial served on Defendants on 6/6/12, filed by Stampede Presentation Products, Inc.. (Falkides, A.)
June 6, 2012 Filing 7 DEMAND for Trial by Jury by Stampede Presentation Products, Inc.. (Falkides, A.)
June 1, 2012 Opinion or Order Filing 6 ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder, Jr. on 6/1/12. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
May 25, 2012 Filing 5 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. H. Kenneth Schroeder, Jr The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 5/25/2012. (JMB)
May 25, 2012 Filing 4 AUTOMATIC REFERRAL to Mediation: ADR plan forwarded to attorney.(KB)
May 25, 2012 Filing 3 NOTICE Consent to proceed before a Magistrate Judge. (Notification to chambers of on-line civil opening). (KB)
May 24, 2012 Filing 2 Corporate Disclosure Statement by Productive Transportation, Inc., Productive Transprotation Carrier Corp.. (Wright, George)
May 24, 2012 Filing 1 NOTICE OF REMOVAL by Productive Transportation, Inc., Productive Transprotation Carrier Corp. from Supreme Court, Erie County, case number 2012/1454. (Filing fee $ 350 receipt number 0209-1596545), filed by Productive Transportation, Inc., Productive Transprotation Carrier Corp.. (Attachments: #1 Civil Cover Sheet)(Wright, George)
May 24, 2012 Case Assigned to Hon. Richard J. Arcara. (KB)
May 24, 2012 Remark - Index of documents filed in State Court should be filed using the "continuation of exhibits" events. (KB)

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Counter claimant: Productive Transprotation Carrier Corp.
Represented By: George W. Wright
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Counter claimant: Productive Transportation, Inc.
Represented By: George W. Wright
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Defendant: 1Saleaday LLC
Represented By: Brett E. Lewis
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Counter defendant: Stampede Presentation Products, Inc.
Represented By: A. Nicholas Falkides
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