Pillsbury, JR. et al v. PBF Energy, Inc. et al
| Melody Pillsbury and Thomas H. Pillsbury, Jr. |
| PBF Energy, Inc. and Jeffers Crane Service, Inc. |
| 3:2021cv00672 |
| March 25, 2021 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 First Amended complaint against All Defendants and adding new party defendant(s) Toledo Refining Company, LLC. Filed by Thomas H. Pillsbury, Jr., Melody Pillsbury. (Attachments: #1 Summons) (Boyk, Charles) |
Filing 37
ORDER. Plaintiffs' Motion for Leave to File Amended Complaint (Doc. #34 ) is granted, without objection. Plaintiffs shall promptly file the Amended Complaint. The Case Management Conference (CMC) set for 5/24/21 is vacated. Once service has been completed upon Toledo Refining Company and counsel has entered an appearance, this Court will reschedule the CMC. Judge Jack Zouhary on 5/20/21. (S,Na)
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| Filing 36 Marginal Entry Order granting #33 Motion for appearance pro hac vice by attorney Ryan S. Pigg for Melody Pillsbury,Ryan S. Pigg for Thomas H. Pillsbury, Jr.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 5/19/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 35 Marginal Entry Order granting #32 Motion for appearance pro hac vice by attorney Cornelia Brandfield-Harvey for Melody Pillsbury,Cornelia Brandfield-Harvey for Thomas H. Pillsbury, Jr.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 5/19/2021. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 34 Motion for leave to file First Amended Complaint filed by Melody Pillsbury, Thomas H. Pillsbury, Jr.. (Attachments: #1 Exhibit Ex. A. Mtn to Dismiss Failure to State Claim and for Improper Venue, #2 Exhibit Plaintiffs' First Amended Complaint, #3 Proposed Order)(Boyk, Charles) |
| Filing 33 Motion for attorney Ryan S. Pigg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10832420, filed by Melody Pillsbury, Thomas H. Pillsbury, Jr.. (Attachments: #1 Affidavit of Ryan S. Pigg, #2 Proposed Order)(Boyk, Charles) |
| Filing 32 Motion for attorney Cornelia Brandfield-Harvey to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10827510, filed by Melody Pillsbury, Thomas H. Pillsbury, Jr.. (Attachments: #1 Affidavit, #2 Proposed Order)(Boyk, Charles) |
| Filing 31 Initial Disclosures filed by All Plaintiffs. (Boyk, Charles) |
| Filing 30 Attorney Appearance by Charles E. Boyk and Kathleen R. Harris filed by on behalf of All Plaintiffs. (Boyk, Charles) Modified to add second atttorney on 5/12/2021 (M,TL). |
| NOTICE [non-document]. Due to a conflict on this Court's docket the Case Management Conference by Zoom set for 5/24/21 will now be held at 10:30 AM (EDT) (NOT 10:00 AM) before Judge Jack Zouhary. (S,Na) |
| Filing 29 CASE MANAGEMENT CONFERENCE NOTICE. Initial Phone Status held on 4/12/21. At the request of counsel Kevin Kutyla, Cornelia Brandfield-Harvey is taking over as counsel for Plaintiffs. Attorney Kutyla is terminated as counsel for Plaintiffs. Cornelia Brandfield-Harvey shall promptly file a Notice of Appearance. Case Management Conference to be held on 5/24/21 at 10:00 AM (EDT) before Judge Jack Zouhary. Counsel may participate by Zoom, and party attendance is not required. Court will prepare a Zoom invitation for counsel prior to the CMC. Initial Disclosures shall be exchanged no later than 2 weeks prior to the CMC. Report of Parties' Planning Meeting shall be jointly signed and filed at least 3 days before the CMC. (20 min) Judge Jack Zouhary on 4/13/21. (S,Na) |
| NOTICE [non-document] of Initial Phone Status set for 4/12/21 at 3:30 PM (EDT) before Judge Jack Zouhary. This Court will initiate the call. No dispositive motions shall be filed prior to the Initial Phone Status. (S,Na) |
| Filing 28 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by PBF Energy, Inc. (Kerns, Brian) |
| Filing 27 Answer to Complaint with Jury Demand filed by Jeffers Crane Service, Inc.. (Attachments: #1 Pleading Answer of Defendant PBF Energy, Inc.)(Kerns, Brian) |
| Filing 26 Corporate Disclosure Statement filed by PBF Energy, Inc.. (Kerns, Brian) |
| Filing 25 Notice of Withdrawal of Co-counsel filed by Jeffers Crane Service, Inc., PBF Energy, Inc.. (McLaughlin, Conor) |
| Filing 24 Attorney Appearance by Edward D. Papp and Brian D. Kerns filed by on behalf of Jeffers Crane Service, Inc.. (Papp, Edward) |
| Filing 23 Attorney Appearance by Edward D. Papp and Brian D. Kerns filed by on behalf of PBF Energy, Inc.. (Papp, Edward) |
| Filing 22 Civil Case Management Procedures Order. Judge Jack Zouhary on 3/25/2021. (O,K) |
| Filing 21 Magistrate Consent Form issued. (O,K) |
| Filing 20 CASE TRANSFERRED IN from District of New Jersey. Case number 2:20-cv-09301. Electronic file, transfer order and docket sheet received. |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), PBF Energy, Inc. and Jeffers Crane Service, Inc. are reminded of their requirement to file a Corporate Disclosure Statement. (O,K) |
| Notice to Attorney Kevin T. Kutyla. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Riccardo M. Debari. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Copy of Docket sheet, Notice Regarding Attorney Admission Status, and #21 Magistrate Consent Form mailed to attorney Kevin T. KutylaSte. 310, 15 Commerce Blvd., Succasunna, NJ 07876 and to attorney Riccardo M. Debari, Thompson Hine - New York, 12th Floor, 335 Madison Avenue, New York, NY 10017 on 3/25/2021. (O,K) |
| Copy of #22 Civil Case Management Procedures Order mailed to attorney Kevin T. Kutyla, Ste. 310, 15 Commerce Blvd., Succasunna, NJ 07876 and to attorney Riccardo M. Debari, Thompson Hine - New Y ork, 12th Floor, 335 Madison Avenue, New York, NY 10017 on 3/25/2021. (O,K) |
| Judge Jack Zouhary assigned to case. (O,K) |
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Filing 19
LETTER ORDER that Defendants Motion to Dismiss for Failure to State a Claim and for Improper Venue, #5 is GRANTED to the extent it seeks a transfer of venue. Jeffers Cranes Motion to Dismiss, #3 , is DISMISSED AS MOOT. This matter is TRANSFERRED to the Northern District of Ohio, Western Division, pursuant to 28 U.S.C. 1406(a) for further proceedings. ***CIVIL CASE TERMINATED. Signed by Judge Madeline Cox Arleo on 3/24/2021. (sm) [Transferred from njd on 3/25/2021.]
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| Filing 18 Proposed Order by BEN AGOSTO, III, CORNELIA BRANDFIELD-HARVEY, RYAN S PIGG, MELODY PILLSBURY, THOMAS H. PILLSBURY, JR.. (Attachments: #1 ORDER- Improper Venue, #2 ORDER- Improper Venue, #3 ORDER- Jurisdiction, #4 ORDER- Jurisdiction)(KUTYLA, KEVIN) [Transferred from njd on 3/25/2021.] |
| Pro Hac Vice counsel, RYAN S. PIGG, CORNELIA BRANDFIELD-HARVEY and BEN AGOSTO, III, 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. (qa, ) [Transferred from njd on 3/25/2021.] |
| Filing 17 Notice of Request by Pro Hac Vice Kevin T. Kutyla to receive Notices of Electronic Filings. (Attachments: #1 Affidavit Request by Local Counsel, #2 Affidavit Request by Local Counsel)(KUTYLA, KEVIN) [Transferred from njd on 3/25/2021.] |
| Pro Hac Vice fee as to Cornelia Brandfield-Harvey and Ben Agosto III: $ 300.00, receipt number NEW043542 (dam) [Transferred from njd on 3/25/2021.] |
| Pro Hac Vice fee as to RYAN S. PIGG: $ 150, receipt number NEW043510 (dam, ) [Transferred from njd on 3/25/2021.] |
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Filing 16
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice as to Ben Agosto III, Ryan S. Pigg and Cornelia Brandfield-Harvey; etc. Signed by Magistrate Judge Leda D. Wettre on 9/22/2020. (sm) [Transferred from njd on 3/25/2021.]
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| Filing 15 First MOTION for Leave to Appear Pro Hac Vice Thomas Pillsbury, Jr, and Melody Pillsbury by All Plaintiffs. (Attachments: #1 Declaration In support of Motion for Admissions Pro Hac Vice, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(KUTYLA, KEVIN) [Transferred from njd on 3/25/2021.] |
| Set Deadlines as to #15 First MOTION for Leave to Appear Pro Hac Vice Thomas Pillsbury, Jr, and Melody Pillsbury. Motion set for 10/5/2020 before Judge Madeline Cox Arleo. 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. (qa, ) [Transferred from njd on 3/25/2021.] |
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Filing 14
ORDER granting defendants PBF Energy Inc. and Jeffers Crane Service, Inc. a two-day extension of time to submit their reply brief in support of their motions to dismiss to 9/3/2020. Signed by Judge Madeline Cox Arleo on 9/3/2020. (sm) [Transferred from njd on 3/25/2021.]
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| Filing 12 REPLY BRIEF to Opposition to Motion filed by PBF ENERGY, INC. re #5 MOTION to Dismiss (DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
| Filing 11 REPLY BRIEF to Opposition to Motion filed by JEFFERS CRANE SERVICE, INC. re #3 MOTION to Dismiss for Lack of Jurisdiction (DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
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Filing 13
ORDER granting defendants a two-day extension of time to submit their reply to 9/3/2020. Signed by Magistrate Judge Leda D. Wettre on 9/2/2020. (sm) [Transferred from njd on 3/25/2021.]
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| Filing 10 Letter from Riccardo M. DeBari re: Request for Extension of Time to File Reply with Consent re #5 MOTION to Dismiss , #3 MOTION to Dismiss for Lack of Jurisdiction . (DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
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Filing 9
ORDER granting the party's request, the Clerk of the Court is to unseal ECF Nos. 6 and 7. Signed by Magistrate Judge Leda D. Wettre on 8/31/2020. (sm) [Transferred from njd on 3/25/2021.]
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| Filing 8 Letter from Kevin T. Kutyla, Esq. re #6 Response to Motion,, #7 Response to Motion,,. (KUTYLA, KEVIN) [Transferred from njd on 3/25/2021.] |
| Filing 7 RESPONSE to Motion filed by All Plaintiffs re #3 MOTION to Dismiss for Lack of Jurisdiction (KUTYLA, KEVIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from njd on 3/25/2021.] |
| Filing 6 RESPONSE to Motion filed by MELODY PILLSBURY, THOMAS H. PILLSBURY, JR. re #5 MOTION to Dismiss (KUTYLA, KEVIN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from njd on 3/25/2021.] |
| Set Deadlines as to #5 MOTION to Dismiss . Motion set for 9/8/2020 before Judge Madeline Cox Arleo. 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. (qa, ) [Transferred from njd on 3/25/2021.] |
| Filing 5 MOTION to Dismiss by PBF ENERGY, INC.. Responses due by 8/25/2020 (Attachments: #1 Brief, #2 Exhibit A (Declaration of Marc Halley), #3 Text of Proposed Order)(DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
| Filing 4 NOTICE of Appearance by RICCARDO M. DEBARI on behalf of PBF ENERGY, INC. (DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
| Set Deadlines as to #3 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 9/8/2020 before Judge Madeline Cox Arleo. 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. (qa, ) [Transferred from njd on 3/25/2021.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction by JEFFERS CRANE SERVICE, INC.. Responses due by 8/25/2020 (Attachments: #1 Brief, #2 Exhibit A (Bucher Declaration), #3 Text of Proposed Order)(DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
| Judge Madeline Cox Arleo and Magistrate Judge Leda D. Wettre added. (ps, ) [Transferred from njd on 3/25/2021.] |
| Filing 2 Corporate Disclosure Statement by JEFFERS CRANE SERVICE, INC.. (DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
| Filing 1 NOTICE OF REMOVAL by JEFFERS CRANE SERVICE, INC. from Superior Court of Morris County, case number MRS-L-001448-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11109155), filed by JEFFERS CRANE SERVICE, INC.. (Attachments: #1 Exhibit A (Summons & Complaint), #2 Civil Cover Sheet)(DEBARI, RICCARDO) [Transferred from njd on 3/25/2021.] |
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