MITLAS et al v. LIEBERMAN et al
| SALLY J. MITLAS and ILANA R. MITLAS |
| MAX L. LIEBERMAN, MARK L. KLEINERT, IV, MARJORIE S. GABLE, GERALD L. ALBERT, MICHAEL L. KRASSENSTEIN, JOSEPH B. BOGUS, OTTO T. SAUNDERS, ONE BREYER ESTATES CONDOMINIUM ASSOCIATION, BRIAN B. TOLL and THE CHARLESTON FIRM, LLC |
| 2:2022cv04314 |
| October 27, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 405 Fair Housing Act |
| None |
Docket Report
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Filing 13
STIPULATION AND ORDER THAT THE PARTIES HEREBY STIPULATE AND AGREE: AFTER MEETING AND CONFERRING WITH COUNSEL, PLAINTIFFS AGREE TO FILE AN AMENDED COMPLAINT TO ADDRESS OBJECTIONS THAT DEFENDANTS PLANNED TO RAISE IN A MOTION TO DISMISS. THE PURPOSE OF THE AMENDMENT IS TO ATTEMPT TO ELIMINATE, IN WHOLE OR IN PART, THE NEED FOR THE PARTIES TO LITIGATE MOTION(S) TO DISMISS; THEREBY REDUCING THE BURDEN ON THE COURT, AND THE COST OF LITIGATION. AS SUCH, THE PARTIES AGREE THAT THE DEFENDANTS DEADLINE TO FILE A RESPONSE TO THE COMPLAINT #1 SHOULD BE STAYED. THE PARTIES FURTHER AGREE THAT PLAINTIFFS SHOULD HAVE UNTIL ON OR BEFORE FRIDAY, JANUARY 13, 2023, IN WHICH TO FILE THEIR AMENDED COMPLAINT. THE PARTIES FURTHER AGREE THAT PLAINTIFF IS NOT WAIVING HER RIGHT TO FILE AN AMENDED PLEADING ONCE AS A MATTER OF COURSE, PURSUANT TO FED.R.CIV.P. 15(A)(1)(B), IN RESPONSE TO A MOTION TO DISMISS. THE DEFENDANTS RESERVE ALL, AND DO NOT WAIVE ANY, RIGHTS AND DEFENSES UNDER FED. R. CIV. P. 12 OR OTHERWISE. SIGNED BY HONORABLE CHAD F. KENNEY ON 12/21/22. 12/21/22 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 12 NOTICE of Appearance by ASHLEY L. TARAGNA on behalf of GERALD L. ALBERT, JOSEPH B. BOGUS, MARJORIE S. GABLE, MARK L. KLEINERT, IV, MICHAEL L. KRASSENSTEIN, MAX L. LIEBERMAN, ONE BREYER ESTATES CONDOMINIUM ASSOCIATION, OTTO T. SAUNDERS with 12/20/2022(TARAGNA, ASHLEY) |
| Filing 11 NOTICE of Appearance by JUSTIN J. BORON on behalf of GERALD L. ALBERT, JOSEPH B. BOGUS, MARJORIE S. GABLE, MARK L. KLEINERT, IV, MICHAEL L. KRASSENSTEIN, MAX L. LIEBERMAN, ONE BREYER ESTATES CONDOMINIUM ASSOCIATION, OTTO T. SAUNDERS with 12/20/2022(BORON, JUSTIN) |
| Filing 10 WAIVER OF SERVICE Returned Executed by ILANA R. MITLAS, SALLY J. MITLAS. ONE BREYER ESTATES CONDOMINIUM ASSOCIATION waiver sent on 10/31/2022, answer due 12/30/2022. (JACOB, DEVON) |
| Filing 9 WAIVER OF SERVICE Returned Executed by ILANA R. MITLAS, SALLY J. MITLAS. GERALD L. ALBERT waiver sent on 10/31/2022, answer due 12/30/2022; JOSEPH B. BOGUS waiver sent on 10/31/2022, answer due 12/30/2022; MARJORIE S. GABLE waiver sent on 10/31/2022, answer due 12/30/2022; MARK L. KLEINERT, IV waiver sent on 10/31/2022, answer due 12/30/2022; MICHAEL L. KRASSENSTEIN waiver sent on 10/31/2022, answer due 12/30/2022; MAX L. LIEBERMAN waiver sent on 10/31/2022, answer due 12/30/2022; OTTO T. SAUNDERS waiver sent on 10/31/2022, answer due 12/30/2022. (JACOB, DEVON) |
| Filing 8 NOTICE of Appearance by THOMAS J. ZIMMERMAN on behalf of THE CHARLESTON FIRM, LLC, BRIAN B. TOLL (ZIMMERMAN, THOMAS) |
| Filing 7 DEMAND for Trial by Jury by THE CHARLESTON FIRM, LLC, BRIAN B. TOLL. (TROY, PAUL) |
| Filing 6 NOTICE of Appearance by PAUL C. TROY on behalf of THE CHARLESTON FIRM, LLC, BRIAN B. TOLL (TROY, PAUL) |
| Filing 5 WAIVER OF SERVICE Returned Executed by BRIAN B. TOLL, THE CHARLESTON FIRM, LLC. THE CHARLESTON FIRM, LLC waiver sent on 10/31/2022, answer due 12/30/2022. (TROY, PAUL) |
| Filing 4 WAIVER OF SERVICE Returned Executed by BRIAN B. TOLL, THE CHARLESTON FIRM, LLC. BRIAN B. TOLL waiver sent on 10/31/2022, answer due 12/30/2022. (TROY, PAUL) |
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Filing 3
ORDER 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 MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR E-MAILS 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. ALL COUNSEL MUST COPY AND REVIEW JUDGE KENNEYS MOST RECENT GUIDELINES WHICH ARE PUBLISHED ON THE DISTRICTS WEBSITE. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/31/22. 10/31/22 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 2 Summons Issued as to GERALD L. ALBERT, JOSEPH B. BOGUS, MARJORIE S. GABLE, MARK L. KLEINERT, IV, MICHAEL L. KRASSENSTEIN, MAX L. LIEBERMAN, ONE BREYER ESTATES CONDOMINIUM ASSOCIATION, OTTO T. SAUNDERS, THE CHARLESTON FIRM, LLC, BRIAN B. TOLL. E-MAILED To: COUNSEL on 10/28/22 (bw) |
| Filing 1 COMPLAINT against GERALD L. ALBERT, JOSEPH B. BOGUS, MARJORIE S. GABLE, MARK L. KLEINERT, IV, MICHAEL L. KRASSENSTEIN, MAX L. LIEBERMAN, ONE BREYER ESTATES CONDOMINIUM ASSOCIATION, OTTO T. SAUNDERS, THE CHARLESTON FIRM, LLC, BRIAN B. TOLL ( Filing fee $ 402 receipt number APAEDC-16276595.), filed by ILANA R. MITLAS, SALLY J. MITLAS. (Attachments: #1 Exhibit 1-Declaration of Condominium, #2 Exhibit 2-Bylaws, #3 Exhibit 3-Rules and Regulations, #4 Exhibit 4-Breyer Estates No-Pet Letter, #5 Exhibit 5-Cease and Desist Letter, #6 Exhibit 6-Breyer Estates Video Camera Letter, #7 Exhibit 7-Letter to Association and Board Members, #8 Exhibit 8-Letter From Association Counsel, #9 Exhibit 9-Letter to Association Counsel 8-3-2022, #10 Exhibit 10-Letter to Association Counsel 8-5-2022, #11 Exhibit 11-Notice of Special Meeting, #12 Exhibit 12-Penalty Letter, #13 Exhibit 13-Letter to Association 8-22-2022, #14 Exhibit 14-Letter to Association 8-23-2022, #15 Exhibit 15-Letter From Association Counsel, #16 Exhibit 16-New Rule Regarding Doorbells, #17 Exhibit 17-Email to Insurer, #18 Exhibit 18-Collection Letter, #19 Exhibit 19-Statement of Debt, #20 Exhibit 20-Letter to Debt Collector, #21 Civil Cover Sheet, #22 Designation Form)(JACOB, DEVON) |
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