RIVERA v. WALDNER et al
| CARLOS RIVERA |
| CLARENCE WALDNER, WALDNER TRUCKING, WALDNER TRUCKING LLC D/B/A AND/OR A/K/A WALDNER TRUCKING COMPANY and JOHN DOE DRIVER |
| 2:2022cv00113 |
| January 11, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| P.I.: Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on February 24, 2022. A more recent docket listing may be available from PACER.
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Filing 8
ORDERED THAT THE ABOVE-CAPTIONED CASE IS HEREBY REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI TO CONDUCT A SETTLEMENT CONFERENCE PROVIDED THE PARTIES CERTIFY THEY ARE READY TO PROCEED WITH ONE IN GOOD FAITH. THE PARTIES MAY SEEK A SETTLEMENT CONFERENCE ONLY IF AND WHEN THE PARTIES ARE IN A REALISTIC POSITION TO SETTLE AND REQUIRE SETTLEMENT ASSISTANCE. THE PARTIES MUST BE THOROUGHLY PREPARED AND MUST READ AND FOLLOW MAGISTRATE JUDGE LYNNE A. SITARKSIS REQUIREMENTS FOR THE SETTLEMENT CONFERENCE. 3. AN ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED THURSDAY, MARCH 24, 2022 AT 8:30 A.M. BEFORE THE HON. CHAD F. KENNEY, IN COURTROOM 11B, 601 MARKET STREET, PHILADELPHIA, PA 19106. IT IS ALSO ORDERED THAT: 4. THE DISCOVERY PERIOD, REGARDLESS OF ANY PENDING MOTION(S), BEGINS WITH THIS ORDER AND THE PARTIES SHALL EXCHANGE WRITTEN DISCOVERY REQUESTS IMMEDIATELY; 5. THE PARTIES SHALL EXCHANGE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(A) ON OR BEFORE MARCH 17, 2022; 6. AFTER CONSULTATION WITH ALL COUNSEL FOR ALL PARTIES, PLAINTIFFS COUNSEL SHALL 2 COMPLETE AND FILE WITH THE CLERK THE REQUIRED REPORT OF THE RULE 26(F) MEETING INCORPORATING, AT A MINIMUM, ALL THE INFORMATION REQUIRED IN THIS COURTS FORM RULE 26(F) REPORT (FOUND ON THE COURTS WEBSITE), BY 12:00 P.M. ON OR BEFORE MARCH 21, 2022; 7. THE PARTIES MUST SERVE ON THE OTHER PARTY THE INITIAL SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION WITHIN 10 DAYS OF THIS ORDER, IF NOT ALREADY DONE SO. 8. LEAD TRIAL COUNSEL IS REQUIRED TO APPEAR AT THE RULE 16 CONFERENCE. IF LEAD COUNSEL IS ABSOLUTELY UNABLE TO ATTEND, THE CONFERENCE WILL BE RESCHEDULED; 9. LEAD TRIAL COUNSEL MUST BE PREPARED TO SPEAK ON EVERY SUBJECT, INCLUDING SETTLEMENT, LIABILITY, REMEDIES, AND DAMAGES AND HAVE AUTHORITY FROM THEIR CLIENTS TO DO SO; AND 10. COUNSEL ARE INSTRUCTED TO REFER TO JUDGE KENNEYS PRACTICES AND PROCEDURES WHICH ARE FOUND AT: HTTP://WWW.PAED.USCOURTS.GOV/JUDGES-INFO/DISTRICT-COURTJUDGES/CHAD_F_KENNEY. SIGNED BY HONORABLE CHAD F. KENNEY ON 2/24/22. 2/25/22 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 7 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (tomg) |
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Filing 6
ORDERED BY THE COURT TO AMEND THE CAPTION IN THIS MATTER AS FOLLOWS: CLARENCE WALDER AND WALDNER TRUCKING WILL REPLACE THE CURRENT CAPTION OF CLARENCE WALDNER, WALDNER TRUCKING, AND WALDNER TRUCKING LLC D/B/A AND/OR A/K/A WALDNER TRUCKING COMPANY AND JOHN DOE DRIVER. SIGNED BY HONORABLE CHAD F. KENNEY ON 1/18/22. 1/18/22 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 5 STIPULATION by CLARENCE WALDNER, WALDNER TRUCKING, WALDNER TRUCKING LLC. (Attachments: #1 Text of Proposed Order)(WIRTH, AMY) |
| Filing 4 ANSWER to Complaint together with with Affirmative Defenses to Plaintiff's Complaint by CLARENCE WALDNER, WALDNER TRUCKING, WALDNER TRUCKING LLC. (Attachments: #1 Certificate of Service, #2 Verification)(WIRTH, AMY) |
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Filing 3
ORDERED THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION1. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR EMAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. THE COURT WILL DENY ANY 12(B)(6), (E) OR (F) MOTION THAT FAILS TO CONFORM WITH THESE REQUIREMENTS. SIGNED BY HONORABLE CHAD F. KENNEY ON 1/12/22. 1/12/22 ENTERED AND COPIES E-MAILED.(jaa, )
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| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by CLARENCE WALDNER, WALDNER TRUCKING, WALDNER TRUCKING LLC D/B/A AND/OR A/K/A WALDNER TRUCKING COMPANY.(WIRTH, AMY) |
| Filing 1 NOTICE OF REMOVAL by CLARENCE WALDNER, WALDNER TRUCKING LLC D/B/A AND/OR A/K/A WALDNER TRUCKING COMPANY, WALDNER TRUCKING (Filing fee $ 402 receipt number APAEDC-15655265), filed by CLARENCE WALDNER, WALDNER TRUCKING LLC D/B/A AND/OR A/K/A WALDNER TRUCKING COMPANY, WALDNER TRUCKING. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C-1, #6 Exhibit C-2, #7 Exhibit C-3, #8 Case Management Track Form, #9 Disclosure Statement Form)(WIRTH, AMY) |
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