SCHALALBEO v. DAMCO DISTRIBUTION SERVICES, INC. et al
| ANGELA SCHALALBEO |
| MSC, MEDITERRANEAN SHIPPING CO. USA, HERCULES CHASSIS, HERCULES ENTERPRISES, MAERSK EQUIPMENT SERVICE, COMPANY, INC., A.P. MOLLER-MAERSK A/S, MAERSK AGENCY USA INC., MEDITERRANEAN SHIPPING COMPANY S.A., MEDITERRANEAN SHIPPING COMPANY (USA) INC. and HERCULES ENTERPRISES LLC |
| DAMCO DISTRIBUTION SERVICES, INC., THE MAERSK GROUP, MAERSK, DCLI and DIRECT CHASSISLINK, INC. |
| 2:2023cv00213 |
| January 18, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 MSC MEDITERRANEAN SHIPPING COMPANY S.A.'S ANSWER to #37 Amended Complaint WITH AFFIRMATIVE DEFENSES, CROSSCLAIM against A.P. MOLLER-MAERSK A/S, DAMCO DISTRIBUTION SERVICES, INC., DIRECT CHASSISLINK, INC., HERCULES ENTERPRISES LLC, MAERSK AGENCY USA INC. by MSC. (Attachments: #1 Certificate of Service)(MOLLER, JEFFREY) |
| Filing 50 MEDITERRANEAN SHIPPING COMPANY (USA) INC.'S ANSWER to #37 Amended Complaint WITH AFFIRMATIVE DEFENSES, CROSSCLAIM against A.P. MOLLER-MAERSK A/S, DAMCO DISTRIBUTION SERVICES, INC., DIRECT CHASSISLINK, INC., HERCULES ENTERPRISES LLC, MAERSK AGENCY USA INC. by MEDITERRANEAN SHIPPING CO. USA. (Attachments: #1 Certificate of Service)(MOLLER, JEFFREY) |
| Filing 49 Defendant Direct ChassisLink, Inc. ANSWER to #37 Amended Complaint with Separate Defenses, CROSSCLAIM against A.P. MOLLER-MAERSK A/S, DAMCO DISTRIBUTION SERVICES, INC., HERCULES ENTERPRISES LLC, MAERSK AGENCY USA INC., MEDITERRANEAN SHIPPING COMPANY (USA) INC., MEDITERRANEAN SHIPPING COMPANY S.A. by DIRECT CHASSISLINK, INC.. (Attachments: #1 Certificate of Service)(TELLNER, CHRISTOPHER) |
| Filing 48 Defendants Damco Distribution Services, Inc.; A.P. Moeller-Maersk A/S and Maersk Agency USA Inc. ANSWER to #37 Amended Complaint of Plaintiff with Affirmative Defenses, Crossclaims and Jury Demand, CROSSCLAIM against DIRECT CHASSISLINK, INC., HERCULES ENTERPRISES LLC, MEDITERRANEAN SHIPPING COMPANY (USA) INC., MEDITERRANEAN SHIPPING COMPANY S.A. by DAMCO DISTRIBUTION SERVICES, INC., MAERSK AGENCY USA INC., A.P. MOLLER-MAERSK A/S.(GATTUSO, GIACOMO) |
| Filing 47 ANSWER to #37 Amended Complaint , CROSSCLAIM against A.P. MOLLER-MAERSK A/S, DAMCO DISTRIBUTION SERVICES, INC., DIRECT CHASSISLINK, INC., MAERSK AGENCY USA INC., MEDITERRANEAN SHIPPING COMPANY (USA) INC., MEDITERRANEAN SHIPPING COMPANY S.A. by HERCULES ENTERPRISES LLC.(PIPER, SHARON) |
| MAILED OUT ORDER ENTRIES #45 #46 TO UNREP ON 3/10/23. (jaa, ) |
Filing 46
ORDERED WE AMEND THE PARTIES AND CAPTION TO SUBSTITUTE: A.P. MOLLER-MAERSK A/S FOR THE MAERSK GROUP;MAERSK AGENCY USA INC. FOR MAERSK; MEDITERRANEAN SHIPPING COMPANY S.A. FOR MSCMEDITERRANEAN SHIPPING COMPANY (USA) INC. FOR MEDITERRANEAN SHIPPING CO. USA; HERCULES ENTERPRISES LLC FOR HERCULES ENTERPRISES. PLAINTIFFS CLAIMS AGAINST IMPROPERLY IDENTIFIED MAERSK EQUIPMENT SERVICE COMPANY, INC., DCLI, AND HERCULES CHASSIS ARE DISMISSED WITHOUT PREJUDICE; THE CLERK OF COURT SHALL AMEND THE CAPTION AS ABOVE; ALL PARTIES SHALL ENSURE THE REQUIRED RULE 7.L(A)(2) 1 DISCLOSURES ARE CONSISTENT WITHTHE CORRECTED PARTIES AS NAMED ABOVE AND FILE (OR CORRECT) DISCLOSURES NO LATER THAN MARCH 13,CONFIRMING ITS POSITION ON SERVICE ON OR BEFORE MARCH 13, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/9/23. 3/9/23 ENTERED AND COPIES E-MAILED.(jaa, )
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Filing 45
ORDERED THE MOTION (ECF DOC. NO. 44) IS GRANTED AND GINO ZONGHETTI, ESQUIRE IS ADMITTED TO PRACTICE IN THIS CASE IN THIS COURT UNDER LOCAL RULE 83.5.2(B). SIGNED BY HONORABLE MARK A. KEARNEY ON 3/9/2.3/9/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP. (jaa, )
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| Filing 44 MOTION for Pro Hac Vice filed by DCLI, DIRECT CHASSISLINK, INC..Affidavit, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Certificate of Service)(TELLNER, CHRISTOPHER) |
| Filing 43 Disclosure of Citizenship in Diversity Cases by MEDITERRANEAN SHIPPING CO. USA . (GUERRA, RICKY) |
| Filing 42 Disclosure of Citizenship in Diversity Cases by MSC . (GUERRA, RICKY) |
| Filing 41 NOTICE of Appearance by BRIAN M. DIB on behalf of DAMCO DISTRIBUTION SERVICES, INC., MAERSK, THE MAERSK GROUP (DIB, BRIAN) |
| Filing 40 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY TELEPHONE Status Conference held on 3/9/23. (JL) |
| Filing 39 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by MEDITERRANEAN SHIPPING CO. USA, MSC.(GUERRA, RICKY) |
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Filing 38
ORDER WE SHALL HOLD A STATUS CONFERENCE SET FOR 3/9/2023 AT 09:00 AM AS OUTLINED HEREIN BEFORE HONORABLE MARK A. KEARNEY.SIGNED BY HONORABLE MARK A. KEARNEY ON 3/7/2023. 3/7/2023 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(uh)
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| MAILED OUT ENTRY #34 TO UNREP ON 3/7/23. (jaa, ) |
| Filing 37 AMENDED COMPLAINT against All Defendants All Defendants., filed by ANGELA SCHALALBEO.(PANSINI, MICHAEL) |
| Filing 36 Disclosure Statement Form pursuant to FRCP 7.1 including RULE 7.1(A)(1) AND RULE 7.1(A)(2) DISCLOSURES FOR DEFENDANTS, DAMCO DISTRIBUTION SERVICES, INC., A.P. MOLLER-MAERSK A/S, improperly designated as The Maersk Group, AND MAERSK AGENCY USA INC., improperly designated as Maersk with 3.6.23 by DAMCO DISTRIBUTION SERVICES, INC., MAERSK, THE MAERSK GROUP.(GATTUSO, GIACOMO) |
| Filing 35 Summons Issued as to MAERSK EQUIPMENT SERVICE, COMPANY, INC. EMAILED To: COUNSEL on 3/6/23. (jaa, ) Modified on 3/7/2023 (tjd). |
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Filing 34
ORDERED THAT THE NONCOMPLIANT MOTION IS DENIED WITHOUT PREJUDICE TO MOVE COMPLIANT WITH OUR POLICIES AND PROCEDURE (JANUARY 2023) SECTION 1. (K). SIGNED BY HONORABLE MARK A. KEARNEY ON 3/6/23.3/6/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP. (jaa, )
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| Filing 33 MOTION for Pro Hac Vice filed by DCLI, DIRECT CHASSISLINK, INC..Affidavit, Certificate of Service. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Service)(TELLNER, CHRISTOPHER) |
| Document 32 Mailed to Maersk Equipment Service Company. (DT) |
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Filing 32
ORDERED THAT PLAINTIFF SHALL FILE A NOTICE ATTACHING THE REDLINED VERSION OF THE AMENDED COMPLAINT COMPLIANT WITH OUR POLICIES NO LATER THAN MARCH 6. 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/3/23. 3/3/23 ENTERED AND COPIES E-MAILED.(jaa, ) *NOT MAILED TO UNREP.
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| Filing 31 AMENDED COMPLAINT against HERCULES CHASSIS, DAMCO DISTRIBUTION SERVICES, INC., DCLI, DIRECT CHASSISLINK, INC., HERCULES CHASSIS, HERCULES ENTERPRISES, MAERSK, MAERSK EQUIPMENT SERVICE, COMPANY, INC., MAERSK EQUIPMENT SERVICE, COMPANY, INC., MEDITERRANEAN SHIPPING CO. USA, MSC, THE MAERSK GROUP, filed by ANGELA SCHALALBEO.(PANSINI, MICHAEL) |
| Filing 30 Disclosure of Citizenship in Diversity Cases by HERCULES CHASSIS, HERCULES ENTERPRISES . (BENEDICT, ANDREW) |
| Filing 29 Disclosure of Citizenship in Diversity Cases by ANGELA SCHALALBEO.(PANSINI, MICHAEL) Modified on 3/6/2023 (tjd). |
| Filing 28 Disclosure of Citizenship in Diversity Cases by DCLI, DIRECT CHASSISLINK, INC..(TELLNER, CHRISTOPHER) Modified on 3/6/2023 (tjd). |
| PAPER #27 MAILED TO UNREP (JL) |
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Filing 27
ORDERED WE AGAIN REMIND ALL PARTIES OF THEIR OBLIGATION TO FILE DISCLOSURE STATEMENTS CONSISTENT WITH RULE 71.(A)(2) NO LATER THAN MARCH 3, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/2/23. 3/2/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP. (jaa, )
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| Filing 26 Disclosure Statement Form pursuant to FRCP 7.1 by MSC.(MOLLER, JEFFREY) |
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Filing 25
ORDERED WE REMIND ALL PARTIES OF THIER OBLIGATION TO FILE DISCLOSURE STATEMENTS CONSISTENT WITH RULE 7.1(A)(2) NO LATER THAN MARCH 3, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/1/23. 3/2/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP.(jaa, ) Modified on 3/2/2023 (jaa, ). Modified 3/2/23 (fdc).
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| Filing 24 Disclosure Statement Form pursuant to FRCP 7.1 including Baymark Hercules Holdco, LLC by HERCULES CHASSIS, HERCULES ENTERPRISES.(BENEDICT, ANDREW) |
| Copy of Doc. 19 and 20 mailed to Unrep. (mas) |
| Documents #21, 22 & 23 Mailed to: MAERSK EQUIPMENT SERVICE, COMPANY, INC.trading asDIRECT CHASSISLINK, INC. (dt) |
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Filing 23
ORDER THAT AN INITIAL PRETRIAL CONFERENCE IS SET FOR 3/28/2023 AT 08:45 AM BY TELEPHONE. ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/14/23. 2/24/23 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va)
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Filing 22
ORDER THAT DAMCO DISTRIBUTION SERVICES, INC., THE MAERSK GROUP, MAERSK, DCLI, DIRECT CHASSISLINK, INC., MSC, MEDITERRANEAN SHIPPING CO., USA, HERCULES CHASSIS, HERCULES ENTERPRISES, AND MAERSK EQUIPMENT SERVICE COMPANY, INC. SHALL FILE THEIR DISCLOSURE STATEMENTS UNDER RULES 7.1(A)(1) AND (A)(2) NO LATER THAN MARCH 3, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va)
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Filing 21
ORDER THAT ANGELA SCHALALBEO SHALL FILE HER DISCLOSURE STATEMENT UNDER RULE 7.1 (A)(2) NO LATER THAN MARCH 3, 2023.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va)
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Filing 20
ORDER THAT DEFENDANTS DIRECT CHASSISLINK, INC. AND DCLIS MOTION TO DISMISS (ECF DOC. NO. #3 ) IS GRANTED IN PART UPON CONSENT DISMISSING THE PLAINTIFFS SECTION 402B AND PUNITIVE DAMAGES CLAIMS WITHOUT PREJUDICE AND OTHERWISE DENIED AS TO THE SECTION 402A STRICT LIABILITY CLAIM AGAINST DEFENDANTS DIRECT CHASSISLINK, INC. AND DCLI: PLAINTIFF SHALL FILE AN AMENDED COMPLAINT TO CLARIFY THE SCOPE AND ALLEGEDLY RESPONSIBLE PARTIES FOR SECTION 402A STRICT LIABILITY CLAIMS MINDFUL OF ARGUMENTS RAISED BY OTHER DEFENDANTS IN STATE COURT BEFORE REMOVAL (BUT NOT FILED HERE) AND CONSISTENT WITH THE FEDERAL RULES, OUR POLICIES AND PROCEDURES, AND THE ACCOMPANYING MEMORANDUM BY NO LATER THAN MARCH 3, 2023; ALL DEFENDANTS SHALL RESPOND TO THE AMENDED COMPLAINT WITHIN FOURTEEN CALENDAR DAYS OF PLAINTIFFS FILING OF THE AMENDED COMPLAINT.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va)
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| Filing 19 MEMORANDUM SIGNED BY HONORABLE MARK A. KEARNEY ON 3/24/23. 3/24/23 ENTERED AND COPIES E-MAILED. UNREP NOT MAILED. (va) |
| Filing 18 RESPONSE in Opposition re #3 MOTION to Dismiss Plaintiff's Complaint filed by ANGELA SCHALALBEO. (PANSINI, MICHAEL) |
| Filing 17 NOTICE of Appearance by SHARON PIPER on behalf of HERCULES CHASSIS, HERCULES ENTERPRISES (PIPER, SHARON) |
| Filing 16 MSC DEFENDANTS' ANSWER to Complaint WITH AFFIRMATIVE DEFENSES, CROSSCLAIM against DAMCO DISTRIBUTION SERVICES, INC., DCLI, DIRECT CHASSISLINK, INC., HERCULES CHASSIS, HERCULES ENTERPRISES, MAERSK, MAERSK EQUIPMENT SERVICE, COMPANY, INC., THE MAERSK GROUP by MSC, MEDITERRANEAN SHIPPING CO. USA.(MOLLER, JEFFREY) |
| MAILED OUT ORDER ENTRY #15 TO UNREP ON 2/10/23. (jaa, ) |
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Filing 15
ORDERED WE DISMISS THE SHOW CAUSE ORDER (ECF DOC. NO. 4), AND COUNSEL SHALL PROCEED IN ACCORD WITH THE FEDERAL RULES OF CIVIL PROCEDURE, OUR POLICIES (JANUARY 2023), AND OUR FEBRUARY 1, 2023 ORDER (ECF DOC. NO. 6). SIGNED BY HONORABLE MARK A. KEARNEY ON 2/9/23. 2/9/23 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREP. (jaa, ) Modified on 2/9/2023 (jaa, ).
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| Filing 14 NOTICE of Appearance by ADAM C. DAVIS on behalf of ANGELA SCHALALBEO (DAVIS, ADAM) |
| Filing 13 NOTICE of Appearance by Steven M. Mezrow on behalf of ANGELA SCHALALBEO (Mezrow, Steven) |
| Filing 12 NOTICE of Appearance by GREGORY F. BROWN on behalf of DCLI, DIRECT CHASSISLINK, INC. with Certificate of Service (Attachments: #1 Certificate of Service)(BROWN, GREGORY) |
| Filing 11 AMENDED DOCUMENT by DCLI, DIRECT CHASSISLINK, INC. Amended Notice of Removal re #1 Notice of Removal (Attorney). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(TELLNER, CHRISTOPHER) Modified on 2/9/2023 (md). |
| Filing 10 NOTICE of Appearance by RICKY MARIO GUERRA on behalf of MEDITERRANEAN SHIPPING CO. USA, MSC (GUERRA, RICKY) |
| Filing 9 NOTICE of Appearance by GIACOMO FRANCESCO GATTUSO on behalf of DAMCO DISTRIBUTION SERVICES, INC., DAMCO DISTRIBUTION SERVICES, INC., MAERSK, MAERSK, THE MAERSK GROUP with Certificate of Service(GATTUSO, GIACOMO) |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 including MSC Mediterranean Shipping Company S.A. by MEDITERRANEAN SHIPPING CO. USA, MSC.(MOLLER, JEFFREY) |
| Filing 7 NOTICE of Appearance by JEFFREY STEVEN MOLLER on behalf of MEDITERRANEAN SHIPPING CO. USA, MSC with Certificate of Service(MOLLER, JEFFREY) |
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Filing 6
ORDERED THAT WE APPROVE THE PARTIES' STIPULATION (ECF DOC. NO. 5) REQUIRING DIRECT CHASSISLINK, INC. D/B/A DCLI SHALL, NO LATER THAN BY FEBRUARY 8, 2023, FILE AN AMENDED NOTICE OF REMOVAL PROPERLY PLEADING THE PARTIES' CITIZENSHIP. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/1/23. 2/1/23 ENTERED AND COPIES MAILED TO UNREPS, COUNSEL AND E-MAILED.(jaa, )
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| Filing 5 STIPULATION FOR EXTENSION OF TIME by DCLI, DIRECT CHASSISLINK, INC.. (TELLNER, CHRISTOPHER) |
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Filing 4
ORDER THAT DEFENDANT CHASSISLINK, INC. SHALL NO LATER THAN 2/1/23, EITHER (1) STIPULATE TO REMAND (2) FILE AN AMENDED NOTICE OF REMOVAL PROPERLY PLEADING THE PARTIES CITIZENSHIP OR (3) SHOW CAUSE IN A MEMORANDA NOT EXCEEDING 7 PAGES AS TO WHY WE SHOULD NOT REMAND FOR LACK OF SUBJECT MATTER JURISDICTION. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/25/23. 1/26/23 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(rf, )
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| Filing 3 MOTION to Dismiss Plaintiff's Complaint filed by DCLI, DIRECT CHASSISLINK, INC..Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit A, #4 Certificate of Service)(TELLNER, CHRISTOPHER) |
| Filing 2 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (lisad, ) |
| Filing 1 NOTICE OF REMOVAL by DIRECT CHASSISLINK, INC., DCLI (Filing fee $ 402 receipt number BPAEDC-16439288), filed by DIRECT CHASSISLINK, INC., DCLI. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 R.7.1 Disclosure Statement, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(TELLNER, CHRISTOPHER) |
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