Pennsylvania National Mutual Casualty Insurance Company v. STIHL Incorporated
Plaintiff: Pennsylvania National Mutual Casualty Insurance Company as subrogee of Joey W. Willford and Pennyslvania National Mutual Casualty Insurance Company
Defendant: STIHL Incorporated
Case Number: 7:2023cv00018
Filed: February 3, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Robert B Jones
Referring Judge: Richard E Myers
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2023 Opinion or Order Filing 21 ORDER Appointing Rene Stemple Trehy as Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 3/24/2023. (McNally, Kimberly)
March 23, 2023 Opinion or Order Filing 20 Selection of Rene Stemple Trehy as mediator filed by Pennyslvania National Mutual Casualty Insurance Company. (Cahill, Daniel)
March 22, 2023 Opinion or Order Filing 19 RESPONSE to Motion regarding #15 MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STIHL Incorporated. (Demarco, Tracy)
March 16, 2023 Opinion or Order Filing 18 SCHEDULING ORDER. Signed by U.S. Magistrate Judge Robert B. Jones, Jr. on 3/16/2023. (McNally, Kimberly)
March 16, 2023 Opinion or Order NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 4/6/2023. (McNally, Kimberly)
March 15, 2023 Opinion or Order Document Referred: #17 Joint Rule 26(f) Report referred to U.S. Magistrate Judge Robert B. Jones, Jr. (McNally, Kimberly)
March 14, 2023 Opinion or Order Filing 17 Rule 26(f) Report (joint) filed by STIHL Incorporated. (Demarco, Tracy)
March 8, 2023 Opinion or Order Notice to Counsel regarding: #16 Notice - other. The case heading of the document does not comply with Local Civil Rule 10.1 and Local Criminal Rule 47.3. In future filings, counsel should include the division and title of pleading in the case heading. No action by counsel required. (Edwards, S.)
March 7, 2023 Opinion or Order Filing 16 Notice filed by Pennyslvania National Mutual Casualty Insurance Company regarding #15 Motion for Extension of Time to File Response. (Boyd, Richard) Modified on 3/8/2023 to create document relationship (Edwards, S.).
March 6, 2023 Opinion or Order Filing 15 MOTION for Extension of Time to File Response as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pennyslvania National Mutual Casualty Insurance Company. (Attachments: #1 Text of Proposed Order) (Boyd, Richard)
March 6, 2023 Opinion or Order Motion Submitted to Chief US District Judge Richard E. Myers II regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (McNally, Kimberly)
February 23, 2023 Opinion or Order Filing 14 Notice of Special Appearance for non-district by Martha S. Stwodah on behalf of STIHL Incorporated. (Stwodah, Martha)
February 15, 2023 Opinion or Order NOTICE OF DEFICIENCY regarding #13 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file their own Notice of Appearance to be recognized by the court as counsel of record for a party. (McNally, Kimberly)
February 14, 2023 Opinion or Order Filing 13 Notice of Special Appearance for non-district by Tracy Nicole Demarco on behalf of STIHL Incorporated. (Demarco, Tracy)
February 13, 2023 Opinion or Order Filing 12 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 2/13/2023. (McNally, Kimberly)
February 10, 2023 Opinion or Order Filing 11 Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STIHL Incorporated. (Demarco, Tracy)
February 10, 2023 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STIHL Incorporated. (Demarco, Tracy)
February 10, 2023 Opinion or Order Filing 9 Notice of Appearance filed by Jocelyn Mitnaul Mallette on behalf of STIHL Incorporated. (Mallette, Jocelyn)
February 10, 2023 Opinion or Order Filing 8 Notice of Appearance filed by Richard J. Boyd on behalf of Pennyslvania National Mutual Casualty Insurance Company. (Boyd, Richard)
February 9, 2023 Opinion or Order Filing 7 Financial Disclosure Statement by Pennyslvania National Mutual Casualty Insurance Company (Cahill, Daniel)
February 9, 2023 Opinion or Order Filing 6 Notice of Appearance filed by Daniel G. Cahill on behalf of Pennyslvania National Mutual Casualty Insurance Company. (Cahill, Daniel)
February 8, 2023 Opinion or Order Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Daniel G. Cahill of Poyner & Spruill LLP at P. O. B ox 1801, Raleigh, NC 27602-1801 mailed via US Mail on February 8, 2023. (Rudd, D.)
February 8, 2023 Opinion or Order Notice to Counsel regarding: #2 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statement) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
February 8, 2023 Opinion or Order Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (McNally, Kimberly)
February 3, 2023 Opinion or Order Filing 4 Notice of Appearance filed by Justin David Howard on behalf of STIHL Incorporated. (Howard, Justin)
February 3, 2023 Opinion or Order Filing 3 Notice of Appearance filed by Tracy Nicole Demarco on behalf of STIHL Incorporated. (Demarco, Tracy)
February 3, 2023 Opinion or Order Filing 2 Financial Disclosure Statement by STIHL Incorporated identifying Corporate Parent STIHL Incorporated for STIHL Incorporated. (Demarco, Tracy) (Main Document 2 flattened and replaced on 2/10/2023) (Edwards, S.).
February 3, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by STIHL Incorporated from Sampson County Superior Court, case number 22 CVS 1100. ( Filing fee $ 402 receipt number ANCEDC-6928023), filed by STIHL Incorporated. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Civil Summons, #3 Exhibit 3 - Service of Process, #4 Exhibit 4 - Notice to State Court of Notice of Removal, #5 Exhibit 5 - Email, #6 Civil Cover Sheet, #7 Supplemental Removal Cover Sheet) (Demarco, Tracy) Modified on 2/8/2023 (McNally, Kimberly).

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Plaintiff: Pennsylvania National Mutual Casualty Insurance Company as subrogee of Joey W. Willford
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Plaintiff: Pennyslvania National Mutual Casualty Insurance Company
Represented By: Daniel G. Cahill
Represented By: Richard J. Boyd
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Defendant: STIHL Incorporated
Represented By: Justin David Howard
Represented By: Tracy Nicole Demarco
Represented By: Martha S. Stwodah
Represented By: Jocelyn Mitnaul Mallette
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