COMMERCE AND INDUSTRY INSURANCE COMPANY v. AUTO PARTS XPRESS, LLC et al
| COMMERCE AND INDUSTRY INSURANCE COMPANY |
| AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC. and PDX SOUTH, INC. |
| 2:2016cv06263 |
| December 1, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| MITCHELL S GOLDBERG |
| C DARNELL JONES |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
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Filing 47
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/14/2019. 11/14/2019 ENTERED AND COPIES E-MAILED.(sg, )
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| Filing 46 STIPULATION of Dismissal by COMMERCE AND INDUSTRY INSURANCE COMPANY. (SMILLIE, DOUGLAS) |
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Filing 45
ORDERED THAT THE CROSS-MOTIONS FOR SUMMARY JUDGMENT ARE DENIED WITHOUT PREJUDICE AND WITHIN THIRTY (30) DAYS AFTER ENTRY OF THIS ORDER, THE PARTIES SHALL FILE ALL PAPERS NECESSARY TO DISMISS THIS ACTION UNDER THE FEDERAL RULES OF CIVIL PROCEDURE AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/16/19.10/17/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )
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| Filing 44 RESPONSE in Support re #42 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC.. (BREIDENBACH, ANDREW) |
| Filing 43 RESPONSE in Opposition re #42 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by COMMERCE AND INDUSTRY INSURANCE COMPANY. (Attachments: #1 Exhibits 1-18, #2 Reply Memorandum of Law)(SMILLIE, DOUGLAS) |
| Filing 42 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC..Brief, Affidavit, Declaration, Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Brief Ds Brief in Support of Ds MSJ and in Opp. to Ps MSJ, #3 Defs. Resp. to Plaintiff's Statement of Undisputed Facts in Support of Plaintiff's MSJ, #4 Defendants' Statement of Undisputed Material Facts in Support of Defs. MSJ, #5 Affidavit Affidavit of Greg Stultz, #6 Affidavit Affidavit of Anthony Klondar, #7 Exhibit Klondar - 1, #8 Exhibit Klondar - 2, #9 Exhibit Klondar - 3, #10 Exhibit Klondar - 4, #11 Exhibit Klondar - 5, #12 Exhibit Klondar - 6a, #13 Exhibit Klondar - 6b, #14 Exhibit Klondar - 7, #15 Exhibit Klondar - 8, #16 Exhibit Klondar - 9, #17 Exhibit Klondar - 10, #18 Exhibit Klondar - 11, #19 Exhibit Klondar - 12, #20 Exhibit Klondar - 13, #21 Exhibit Klondar - 14, #22 Exhibit Klondar - 15, #23 Exhibit Klondar - 16, #24 Exhibit Klondar - 17, #25 Exhibit Klondar - 18, #26 Exhibit Klondar - 19, #27 Exhibit Klondar - 20, #28 Exhibit Klondar - 21, #29 Exhibit Klondar - 22, #30 Declaration Declaration of Andrew B. Breidenbach, Esq., #31 Exhibit Breidenbach - A, #32 Exhibit Breidenbach - B, #33 Exhibit Breidenbach - C, #34 Exhibit Breidenbach - D, #35 Exhibit Breidenbach - E, #36 Exhibit Breidenbach - F, #37 Exhibit Breidenbach - G, #38 Exhibit Breidenbach - H, #39 Exhibit Breidenbach - I, #40 Exhibit Breidenbach - J, #41 Exhibit Breidenbach - K, #42 Exhibit Breidenbach - L, #43 Exhibit Breidenbach - M, #44 Exhibit Breidenbach - N, #45 Exhibit Breidenbach - O, #46 Exhibit Breidenbach - P, #47 Exhibit Breidenbach - Q, #48 Exhibit Breidenbach - R, #49 Exhibit Breidenbach - S, #50 Exhibit Breidenbach - T)(BREIDENBACH, ANDREW) |
| Filing 41 MOTION for Summary Judgment filed by COMMERCE AND INDUSTRY INSURANCE COMPANY.Memorandum, Affidavit, Certificate of Service. (Attachments: #1 Memorandum of Law in Support of Motion for Summary Judgment, #2 Statement of Undisputed Facts in Support of Motion, #3 Exhibit s 1-17, #4 Exhibit s 18-38, #5 Affidavit of Karyl Lew)(SMILLIE, DOUGLAS) |
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Filing 40
ORDERED THAT PLAINTIFF SHALL FILE A MOTION FOR SUMMARY JUDGMENT NO LATER THAN APRIL 22, 2019 AND DEFENDANTS SHALL FILE A CONSOLIDATED CROSS-MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT NO LATER THAN MAY 20, 2019 AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/31/19. 2/1/19 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )
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| Filing 39 Minute Entry for proceedings held before HONORABLE MITCHELL S. GOLDBERG Telephone Conference held on 1/28/19 (jl, ) |
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Filing 38
ORDER THAT A TRIAL SCHEDULING CONFERENCE IS SET FOR 1/28/2019 AT 02:00 PM BEFORE HONORABLE MITCHELL S. GOLDBERG.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/10/2018. 12/10/2018 ENTERED AND COPIES E-MAILED.(kp, )
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| Filing 37 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference was held telephonically on 11/27/18. (ti, ) |
| Filing 36 Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference held on 11/15/18. (jl, ) |
| Filing 35 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 11/28/2018 AT 9:30 A.M. IN JUDGE'S CHAMBERS (ROOM 3029) BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE.(cms) |
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Filing 34
ORDER THAT THIS CASE IS REFERRED TO MAGISTRATE JUDGE TIMOTHY R. RICE FOR SETTLEMENT PURPOSES, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/30/18. 7/31/18 ENTERED AND COPIES E-MAILED.(kw, )
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| Filing 33 Minute Entry for proceedings held before HONORABLE J. WILLIAM DITTER, JR Settlement Conference held on 7/25/18. (jaa, ) |
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Filing 32
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE J. WILLIAM DITTER, JR TO HONORABLE MITCHELL S. GOLDBERG FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 7/25/18. 7/25/18 ENTERED AND E-MAILED.(jl, )
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Filing 31
ORDER THAT THE TRIAL DATE SET AT THE STATUS CONFERENCE HELD IN CHAMBERS ON 6/13/18, IS CONTINUED. A FINAL PRETRIAL SETTLEMENT CONFERENCE IS SET FOR WEDNESDAY, 7/25/18 AT 11:00 AM IN CHAMBERS, ROOM 3040, BEFORE HONORABLE J. WILLIAM DITTER JR. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 6/22/18. 6/22/18 ENTERED & E-MAILED.(fdc)
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Filing 30
ORDER THAT THE JOINT REQUEST OF COUNSEL TO RESCHEDULE THE CONFERENCE SCHEDULED FOR 4/18/2018 AT 11:00 A.M. IS GRANTED. THE CONFERENCE IS CONTINUED UNTIL 6/13/2018 AT 11:00 A.M. IN CHAMBERS, ROOM 3040, U.S. COURTHOUSE, 601 MARKET STREET, PHILA., PA, ETC. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 4/13/18. 4/13/18 ENTERED AND COPIES E-MAILED.(kw, )
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Filing 29
ORDER THAT THE #27 MOTION FOR PRO HAC VICE OF ANDREW B. BREIDENBACH IS GRANTED.. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 2/7/2018.2/7/2018 ENTERED AND COPIES MAILED, E-MAILED. ECF APP FORWARDED.(kp, )
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Filing 28
ORDER THAT THE STATUS CONFERENCE IS CONTINUED TO 4/18/2018 AT 11:00 AM IN JUDGES CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 2/7/2018. 2/7/2018 ENTERED AND COPIES E-MAILED.(kp, )
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| Filing 27 MOTION for Pro Hac Vice Andrew B. Breidenbach filed by AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC..Affidavit, Certificate of Service. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(LAW, TIMOTHY)(FILING FEE PAID 3/2/2018) Modified on 3/5/2018 (kp, ). |
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Filing 26
ORDER THAT COUNSEL SHALL EXCHANGE ALL DOCUMENTS AND LETTERS OUTLINING DISCOVERY REQUESTS ON OR BEFORE 12/15/2017. DEPOSITIONS SHALL BE COMPLETED BY 1/15/2018. A STATUS CONFERENCE IS SET FOR 2/7/2018 AT 02:00 PM IN JUDGES CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 11/17/2017. 11/17/2017 ENTERED AND COPIES E-MAILED (kp, )
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| Filing 25 Minute Entry for proceedings held before HONORABLE J. WILLIAM DITTER, JR Settlement Conference held on 11/17/2017. (kp, ) |
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Filing 24
ORDER THAT THE SETTLEMENT CONFERENCE IS RESCHEDULED FOR 11/17/2017 AT 11:00 AM IN JUDGES CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 11/7/2017. 11/7/2017 ENTERED AND COPIES E-MAILED. (kp, )
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| Filing 23 Minute Entry for proceedings held before HONORABLE J. WILLIAM DITTER, JR Settlement Conference held on 7/12/2017. (kp, ) |
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Filing 22
ORDER THAT ALL DISCOVERY IS DUE BY 10/20/2017. A SETTLEMENT CONFERENCE IS SET FOR 11/15/2017 AT 02:00 PM IN JUDGES CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 7/14/2017. 7/14/2017 ENTERED AND COPIES E-MAILED.(kp, )
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Filing 21
ORDER THAT THE SETTLEMENT CONFERENCE IS CONTINUED FOR 7/12/2017 AT 02:00 PM BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 5/5/2017. 5/5/2017 ENTERED AND COPIES E-MAILED.(kp, )
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Filing 20
ORDER THAT THE SETTLEMENT CONFERENCE IS CONTINUED TO 5/10/2017 AT 11:00 AM BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 4/24/2017. 4/24/2017 ENTERED AND COPIES E-MAILED.(kp, )
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| Filing 19 STIPULATION re #17 Order,,, Set Hearings,, by COMMERCE AND INDUSTRY INSURANCE COMPANY. (SMILLIE, DOUGLAS) |
| Filing 18 Reply to Defendants' Affirmative Defenses re #7 Answer to Complaint, by COMMERCE AND INDUSTRY INSURANCE COMPANY. Certificate of Service. (SMILLIE, DOUGLAS) Modified on 4/3/2017 (tjd). |
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Filing 17
ORDER THAT PLAINTIFF SHALL PROVIDE DEFENDANT WITH COPIES OF THE WORKER'S COMPENSATION COURT JUDGES' OPINIONS NO LATER THAN 3/31/2017. PLAINTIFF SHALL FILE A RESPONSE TO DEFENDANTS' ANSWER NO LATER THAN 3/31/2017. COUNSEL SHALL FILE A SEPARATE STIPULATION FOR EACH CONTRACT AS OUTLINED HEREIN NO LATER THAN 4/5/2017. A SETTLEMENT CONFERENCE IS SET FOR 4/26/2017 AT 02:00 PM IN JUDGES CHAMBERS BEFORE HONORABLE J. WILLIAM DITTER JR... SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 3/16/2017. 3/17/2017 ENTERED AND COPIES E-MAILED.(kp, )
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| Filing 16 Minute Entry for proceedings held before HONORABLE J. WILLIAM DITTER, JR Initial Pretrial Telephone Conference held on 3/15/2017 (kp, ) |
| Filing 15 NOTICE of Hearing: PRELIMINARY PRETRIAL CONFERENCE SET FOR 3/15/2017 AT 11:00 AM IN JUDGE CHAMBERS ROOM 3040 BEFORE HONORABLE J. WILLIAM DITTER JR.(paf,) |
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Filing 14
ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE C. DARNELL JONES, II TO THE CALENDAR OF THE HONORABLE J. WILLIAM DITTER, JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 2/13/2017. 2/13/2017 ENTERED AND COPIES E-MAILED.(kp, )
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| Filing 13 NOTICE of Appearance by JOHN N. ELLISON on behalf of AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC. with Certificate of Service(ELLISON, JOHN) |
| Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PDX SOUTH, INC..(LAW, TIMOTHY) |
| Filing 11 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PDX NORTH, INC..(LAW, TIMOTHY) |
| Filing 10 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PARTS DISTRIBUTION XPRESS, INC..(LAW, TIMOTHY) |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AUTO PARTS XPRESS, LLC.(LAW, TIMOTHY) |
| Filing 8 NOTICE of Appearance by TIMOTHY P. LAW on behalf of AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC. with Certificate of Service(LAW, TIMOTHY) |
| Filing 7 ANSWER to #1 Complaint,,,, And Affirmative Defenses to Plaintiff Commerce And Industry Insurance Company's Complaint by AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC..(LAW, TIMOTHY) |
| Filing 6 WAIVER OF SERVICE Returned Executed by COMMERCE AND INDUSTRY INSURANCE COMPANY. PDX SOUTH, INC. waiver sent on 12/14/2016, answer due 2/13/2017. (SMILLIE, DOUGLAS) |
| Filing 5 WAIVER OF SERVICE Returned Executed by COMMERCE AND INDUSTRY INSURANCE COMPANY. PDX NORTH, INC. waiver sent on 12/14/2016, answer due 2/13/2017. (SMILLIE, DOUGLAS) |
| Filing 4 WAIVER OF SERVICE Returned Executed by COMMERCE AND INDUSTRY INSURANCE COMPANY. PARTS DISTRIBUTION XPRESS, INC. waiver sent on 12/14/2016, answer due 2/13/2017. (SMILLIE, DOUGLAS) |
| Filing 3 WAIVER OF SERVICE Returned Executed by COMMERCE AND INDUSTRY INSURANCE COMPANY. AUTO PARTS XPRESS, LLC waiver sent on 12/14/2016, answer due 2/13/2017. (SMILLIE, DOUGLAS) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 Identifying Corporate Parent AMERICAN INTERNATIONAL GROUP, INC. for COMMERCE AND INDUSTRY INSURANCE COMPANY. by COMMERCE AND INDUSTRY INSURANCE COMPANY.(ky, ) |
| Filing 1 COMPLAINT against AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC. ( Filing fee $ 400 receipt number APE003949.), filed by COMMERCE AND INDUSTRY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Case Management Track Form, #3 Designation Form)(ky, ) (Additional attachment(s) added on 12/2/2016: #4 Exhibit A) (ky, ). (Additional attachment(s) added on 12/2/2016: #5 Exhibit B) (ky, ). (Additional attachment(s) added on 12/2/2016: #6 Exhibit C) (ky, ). (Additional attachment(s) added on 12/2/2016: #7 Exhibit D) (ky, ). (Additional attachment(s) added on 12/2/2016: #8 Exhibit E) (ky, ). (Additional attachment(s) added on 12/2/2016: #9 Exhibit F) (ky, ). (Additional attachment(s) added on 12/2/2016: #10 Exhibit G) (ky, ). (Additional attachment(s) added on 12/2/2016: #11 Exhibit H) (ky, ). (Additional attachment(s) added on 12/2/2016: #12 Exhibit I) (ky, ). (Additional attachment(s) added on 12/2/2016: #13 Exhibit J) (ky, ). (Additional attachment(s) added on 12/2/2016: #14 Exhibit K) (ky, ). |
| DEMAND for Trial by Jury by COMMERCE AND INDUSTRY INSURANCE COMPANY. (ky, ) |
| 4 Original Summonses Issued as to AUTO PARTS XPRESS, LLC, PARTS DISTRIBUTION XPRESS, INC., PDX NORTH, INC., PDX SOUTH, INC.. Forwarded To: COUNSEL on 12/1/16. (ky, ) |
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