Montecalvo v. Cabela's Inc.
| Peter Montecalvo |
| CABELA'S INC. |
| 2:2023cv02282 |
| June 14, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER THAT PLAINTIFFS' MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL CONFER CONSISTENT WITH OUR 7/26/23 ORDER SO AS TO ALLOW PLAINTIFFS TO SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING FIVE PAGES FILED NO LATER THAN 11/28/23. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/17/23. 11/20/23 ENTERED AND COPIES E-MAILED. (mbh). (SEE 23md3074; DOC #81)
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| Filing 50 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY by Telephone. Motion Hearing held on 11/17/23. Court Reporter: Kim Haley. (mbh) |
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Filing 49
ORDER THAT WE WILL HOLD A TELEPHONE CONFERENCE ON PLAINTIFFS' MOTION TO COMPEL ON 11/17/23 AT 8:30 AM FOR NO MORE THAN THIRTY MINUTES OVER THE COURT'S CONFERENCE LINE. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/15/23. 11/15/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 48
ORDER THAT WE GRANT LEAD COUNSEL FOR THE MDL PLAINTIFFS AND DEFENDANT'S COUNSEL LEAVE TO FILE SUPPLEMENTAL MEMORANDA ADVISING AS TO COUNSEL'S AVAILABILITY FOR A CONTINUED VIRTUAL ORAL ARGUMENT ON NOVEMBER 14 OR 15 IF WE FIND IT NECESSARY AND ADDRESSING THE ISSUES BELOW NO LATER THAN 11/2/23. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/26/23. 10/26/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 47 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Video Oral Argument held on 10/25/23. Court Reporter: Lynn Gligor. (mbh) |
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Filing 46
ORDER THAT COUNSEL SHALL BE PREPARED TO ADDRESS SPECIFIC QUESTIONS CONCERNING THE PENDING MOTIONS TO DISMISS ON 10/25/23 AT 3:30 PM OVER ZOOMGOV. WE WILL HOLD OUR SECOND STATUS CONFERENCE ON 12/21/23 AT 8:30 AM. ALL OTHER OBLIGATIONS IN OUR 7/26/23 ORDER (ECF NO. 52) REMAIN IN EFFECT BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/23/23. 10/23/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
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| Filing 45 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Telephone Status Conference held on 10/23/23. Court Reporter: Lynn Gligor. (mbh) |
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Filing 44
ORDER THAT LEAD COUNSEL SHALL ALSO BE PREPARED TO BRIEFLY ADDRESS SPECIFIC QUESTIONS WE MAY HAVE ARISING FROM THE MOTIONS TO DISMISS OR OTHERWISE ADVISE THEY AGREE UPON PRESENTING ORAL ARGUMENT NOT EXCEEDING NINETY MINUTES TO FULLY ADDRESS OUR QUESTIONS RAISED IN OUR STUDY OF THE THOROUGH MOTIONS TO DISMISS AND RESPONSES IN COURTROOM 6B OR OVER ZOOM IF PREFERRED. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/20/23. 10/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh) (SEE 23MD3074; DOC #64)
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Filing 43
ORDER THAT ALL COUNSEL SHALL BE PREPARED DURING THE COURTS FIRST STATUS TELEPHONIC CONFERENCE ON OCTOBER 23, 2023 (INCLUDING WHEN PREPARING AN AGENDA UNDER THE COURTS JULY 26, 2023 ORDER (ECF NO. 52)) TO ADDRESS THE MANNER IN WHICH THE COURT COULD COORDINATE THE TRANSFERRED IRVIN ACTION (ASSUMING ONE OR MORE CLAIMS SURVIVES THE PENDING MOTIONS TO DISMISS IN BOTH IRVIN AND IN THIS MDL) CONSISTENT WITH THE PARTIES AND COUNSELS OBLIGATIONS UNDER OUR JULY 26, 2023 ORDER (ECF NO. 52). DEFENDANTS COUNSEL SHALL SERVE THIS ORDER UPON ALL COUNSEL IN THE IRVIN ACTION NO LATER THAN OCTOBER 11, 2023 AND FILE A CERTIFICATE OF SERVICE CONFIRMING COMPLIANCE BY NO LATER THAN OCTOBER 12, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/10/23. 10/10/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(amas)
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| Filing 42 CASE MANAGEMENT ORDER NO. 1 THAT THE PARTIES SHALL PROCEED CONSISTENT WITH FRCP 1 TO COMPLETE ALL PRETRIAL MATTERS CONSISTENT WITH THR JUDICIAL PANEL ON MULTIDISTRICT LITIGATION'S ORDER CENTRALIZING PRETRIAL MATTERS BEFORE US, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/26/23. 7/26/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE 23MD3074; DOC #52) (mbh) |
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Filing 41
ORDER THAT DEFEDANTS' MOTIONS TO DISMISS ARE DENIED AS WITHDRAWN WITHOUT PREJUDICE TO MOVE IN RESPONSE TO THE CONSOLIDATED COMPLAINT. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/23. 7/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh) (SEE 23md3074;DOC #51)
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Filing 40
ORDER THAT A PARTY'S DISCLOSURE IN THIS LITIGATION OF A COMMUNICATION OR INFORMATION COVERED BY THE ATTORNEY CLIENT PRIVILEGE OR ENTITLED TO WORK-PRODUCT PROTECTION DOES NOT CONSTITUTE A WAIVER OF SUCH PRIVILEGE OR PROTECTION EITHER IN THIS LITIGATION OR IN ANY OTHER FEDERAL OR STATE PROCEEDING. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/23. 7/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (mbh) (SEE 23md3074; DOC #50)
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| Filing 39 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEYin Courtroom 6B. Rule 16 Conference held on 7/25/23. Court Reporter: ESR. (mbh) |
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Filing 38
ORDER THAT AN INITIAL PRETRIAL CONFERENCE WILL BE HELD ON 7/25/23, AT 1:30 PM, IN COURTROOM 6B. PLAINTIFFS ARE GRANTED LEAVE TO FILE A CONSOLIDATED COMPLAINT BY NO LATER THAN 8/14/23. DEFENDANT MAY FILE AN ANSWER DUE BY 8/28/23, OR A RESPONSIVE MOTION BY 9/5/23. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (SEE 23-MD-3074, PAPER NO. 46).(amas)
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Filing 37
ORDER THAT THE COURT DESIGNATES COUNSEL UPON CONSENT TO SERVE AS PLAINTIFFS' CO-LEAD COUNSEL FINDING THEY REPRESENT A VARIETY OF QUALIFIED ATTORNEYS INVOLVED IN THE CASE TO DATE AND SUBJECT TO FURTHER ORDER AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/12/23. 7/12/23 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas)
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| DOC. NO. 35 MAILED TO ATTYS WONG AND REMY ON 7/10/23. (md) |
| Filing 36 Disclosure of Citizenship in Diversity Cases by Peter Montecalvo . (ALEXANDER, CAREY) |
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Filing 35
ORDER THAT THE CLERK OF COURT SHALL TERMINATE THE PRESENT REPRESENTATION IN THIS DISTRICT OF AN ATTORNEY WHO HAS NOT BEFORE NOON ON 7/6/23, MOVED FOR ADMISSION CONSISTENT WITH OUR 6/20/23 ORDER. COUNSEL FOR BRIAN CALVERT AND HEATHER CORNELL SHALL ON OR BEFORE 7/6/23 FILE A NOTICE EITHER WITHDRAWING OR SHOWING CAUSE IN MEMORANDA NOT EXCEEDING 3 PAGES AS TO WHY WE SHOULD NOT DENY MOTIONS TO SAY. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/5/23. 7/5/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mbh)
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| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16792313). (ALEXANDER, CAREY) |
| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16792297). (GUGLIELMO, JOSEPH) |
| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16792340). (Binder, Ethan) |
| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16793014). (LAIRD, MICHAEL) |
| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16793026). (Tack, Rachel) |
| Filing Fee for PRO HAC VICE by Peter Montecalvo. (Filing Fee $75, receipt number APAEDC-16792997). (GUDMUNDSON, BRIAN) |
| Filing 34 NOTICE of Appearance by Rachel Kristine Tack on behalf of Peter Montecalvo with Certificate of Service(Tack, Rachel) |
| Filing 33 NOTICE of Appearance by MICHAEL J. LAIRD on behalf of Peter Montecalvo with Certificate of Service(LAIRD, MICHAEL) |
| Filing 32 NOTICE of Appearance by BRIAN C. GUDMUNDSON on behalf of Peter Montecalvo with Certificate of Service(GUDMUNDSON, BRIAN) |
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Filing 31
ORDER THAT THE CLERK OF COURT SHALL FORTHWITH MAIL THIS ORDER, ALONG WITH ORDERS (ECF NOS 3,4) TO ALL COUNSEL IDENTIFIED IN THE TRANSFEROR DOCKETS NOT RECEIVING EMAIL NOTIFICATION. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/26/23. 6/26/23 ENTERED AND COPIES MAILED AND E-MAILED.(mbh)
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| Filing 30 NOTICE of Appearance by Ethan Samuel Binder on behalf of Peter Montecalvo with Certificate of Service(Binder, Ethan) |
| Filing 29 NOTICE of Appearance by CAREY ALEXANDER on behalf of Peter Montecalvo with Certificate of Service(ALEXANDER, CAREY) |
| Filing 28 NOTICE of Appearance by JOSEPH P. GUGLIELMO on behalf of Peter Montecalvo with Certificate of Service(GUGLIELMO, JOSEPH) |
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Filing 27
ORDER THAT THE PARTIES AND COUNSEL ARE GOVERNED BY OUR COURT'S LOCAL RULES AND OUR CHAMBERS POLICIES AND PROCEDURES IN EFFECT AT THE TIME OF THE ANTICIPATED ACTION FOUND AT WWW.PAED.USCOURTS.GOV UNLESS ALTERED BY A SPECIFIC CASE MANAGEMENT ORDER, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
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Filing 26
ORDER THAT WE AMEND THE PRO HAC VICE ADMISSION UNDER SECTION I.J OF OUR POLICIES AND PROCEDURES FOR PURPOSES OF THE CASES TRANSFERRED FROM OUTSIDE OUR DISTRICT ONLY. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh).
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| Filing 25 Case transferred in from District of Massachusetts; Case Number 1:22-cv-11837. Original file certified copy of transfer order and docket sheet received. |
| Filing 24 Case transferred to the Easter District of Pennsylvania pursuant to Transfer Order entered by the MDL Panel on 6/2/2023. Case file electronically extracted to the Clerk in that district. (Belpedio, Lisa) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 23 MDL Transfer Order in MDL Case 3074 received from The United States District Panel on Multi District Litigation requesting transfer of case for consolidated pretrial proceedings to the Eastern District of Pennsylvania. (Belpedio, Lisa) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 22 REPLY to Response to #19 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Cabela's Inc.. (Wong, Alan) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 21 MEMORANDUM in Opposition re #19 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Peter Montecalvo. (Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Cabela's Inc.. (Attachments: #1 Ex. 1)(Wong, Alan) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 19 MOTION to Dismiss Plaintiff's Class Action Complaint by Cabela's Inc..(Wong, Alan) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 18 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #17 MOTION for Extension of Time to File Answer, #1 Complaint Cabela's Inc. answer due 1/6/2023. (Warnock, Douglas) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 17 MOTION for Extension of Time to January 6, 2023 to File Response/Reply to Plaintiff's Complaint by Cabela's Inc.. (Attachments: #1 Exhibit Ex. 1)(Remy, Emyr) Modified event type on 11/22/2022 (Warnock, Douglas). [Transferred from Massachusetts on 6/15/2023.] |
| Filing 16 NOTICE of Appearance by Rachel Kristine Tack on behalf of Peter Montecalvo (Tack, Rachel) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 15 NOTICE of Appearance by Michael J Laird on behalf of Peter Montecalvo (Laird, Michael) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 14 NOTICE of Appearance by Brian C Gudmundson on behalf of Peter Montecalvo (Gudmundson, Brian) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 13 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting #10 , #11 , #12 Motion for Leave to Appear Pro Hac Vice; Attorneys Brian C. Gudmundson, Michael J. Laird, and Rachel K. Tack added. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Warnock, Douglas) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Rachel K. Tack Filing fee: $ 100, receipt number AMADC-9594120 by Peter Montecalvo. (Attachments: #1 Declaration of Rachel K. Tack ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Laird Filing fee: $ 100, receipt number AMADC-9594105 by Peter Montecalvo. (Attachments: #1 Declaration of Michael J. Laird ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Brian C. Gudmundson Filing fee: $ 100, receipt number AMADC-9594087 by Peter Montecalvo. (Attachments: #1 Declaration of Brian C. Gudmundson ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 9 SUMMONS Returned Executed Cabela's Inc. served on 11/4/2022, answer due 11/25/2022. (Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 8 NOTICE of Appearance by Ethan Samuel Binder on behalf of Peter Montecalvo (Binder, Ethan) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 7 NOTICE of Appearance by Carey Alexander on behalf of Peter Montecalvo (Alexander, Carey) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 6 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting ECF #4 and #5 Motion for Leave to Appear Pro Hac Vice as to Carey Alexander & Ethan Binder. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Warnock, Douglas) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Ethan S. Binder Filing fee: $ 100, receipt number AMADC-9564081 by Peter Montecalvo. (Attachments: #1 Declaration of Ethan S. Binder ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Carey Alexander Filing fee: $ 100, receipt number AMADC-9564069 by Peter Montecalvo. (Attachments: #1 Declaration of Carey Alexander ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 3 Summons Issued as to Cabela's Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) [Transferred from Massachusetts on 6/15/2023.] |
| Filing 1 COMPLAINT against Cabela's Inc. Filing fee: $ 402, receipt number AMADC-9562830 (Fee Status: Filing Fee paid), filed by Peter Montecalvo. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Guglielmo, Joseph) [Transferred from Massachusetts on 6/15/2023.] |
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