STUDER et al v. AVIS RENT A CAR SYSTEM, LLC et al
| PHILIP STUDER and JOANNE E KARABEC-STUDER |
| AVIS RENT A CAR SYSTEM, LLC, AVIS RENT A CAR SYSTEM, INC., AVIS BUDGET GROUP, INC., AVIS BUDGET CAR RENTAL, LLC and PV HOLDING CORP. |
| 2:2023cv03828 |
| October 2, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| CHAD F KENNEY |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 20
SCHEDULING ORDER THAT THE ABOVE CAPTIONED CASE IS HEREBY REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI FOR THE SCHEDULING OF A SETTLEMENT CONFERENCE. ALL MOTIONS TO AMEND THE SHALL BE FILED ON DECEMBER 28, 2023. ALL FACT DISCOVERY SHALL BE COMPLETED BY FEBRUARY 26, 2024. EXPERT DISCOVERY, IF ANY, SHALL BE COMPLETED BY MAY 20, 2024. ANY MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS SHALL BE FILED ON OR BEFORE JUNE 10, 2024. MOTIONS IN LIMINE SHALL BE DUE ON AUGUST 5, 2024. ALL PARTIES ARE TO PREPARE AND FILE WITH THE CLERK OF COURT THEIR FINAL PRETRIAL MEMORANDA ON OR BEFORE AUGUST 12, 2024. A DATE CERTAIN JURY TRIAL WILL COMMENCE ON AUGUST 26, 2024 AT 9:00 A.M. IN COURTROOM 11B. FURTHER INFORMATION AND DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/28/23. 11/28/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 19
ORDER 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. SITARSKIS REQUIREMENTS FOR THE SETTLEMENT CONFERENCE. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/28/23. 11/28/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 18 Minute Entry for proceedings held before HONORABLE CHAD F. KENNEYin Courtroom 11B Pretrial Conference held on 11/28/23 (amas) |
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Filing 17
STIPULATION AND ORDER THAT ALL CLAIMS AND ALLEGATIONS OF STRICT PRODUCTS LIABILITY ARE HEREBY STRICKEN FROM THE COMPLAINT. PLAINTIFF PHILIP STUDER HEREBY PLEADS COUNT I (NEGLIGENCE) OF THE COMPLAINT IN THE ALTERNATIVE TO COUNT II (BREACH OF IMPLIED WARRANTY) AND COUNT III (BREACH OF EXPRESS WARRANTY) OF THE COMPLAINT. PLAINTIFF JOANNE E. KARABEC-STUDER HEREBY PLEADS COUNT V (NEGLIGENCE) OF THE COMPLAINT IN THE ALTERNATIVE TO COUNT VI (BREACH OF IMPLIED WARRANTY) AND COUNT VII (BREACH OF EXPRESS WARRANTY) OF THE COMPLAINT. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/21/23. 11/21/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 16 NOTICE THAT AT THE RULE 16 HEARING THEY SHALL BE PREPARED TO PROVIDE DETAILED ANSWERS TO QUESTIONS REGARDING THE MAINTENANCE, MAINTENANCE RECORDS, AND CURRENT LOCATION OF THE VEHICLE. ADDITIONALLY, PRIOR TO THE RULE 16 HEARING, PLAINTIFFS SHALL IDENTIFY AND PROVIDE TO DEFENDANTS ALL MEDICAL PROVIDERS ENGAGED AS A RESULT OF THE ACCIDENT, AS WELL AS THE NAMES OF PRIMARY PHYSICIANS PRIOR TO THE ACCIDENT, AND IDENTIFY ANY PREVIOUS MEDICAL CONDITIONS AND MEDICAL PROVIDERS FOR THOSE CONDITIONS SO THAT DEFENDANTS CAN BEGIN PREPARATION OF SUBPOENAS. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/21/23. 11/21/23 ENTERED AND COPIES E-MAILED.(amas) |
| Filing 15 Report Of Joint Rule 26(f) by AVIS BUDGET CAR RENTAL, LLC, AVIS BUDGET GROUP, INC., AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP.. (Attachments: #1 Exhibit)(BAYER, JUSTIN) |
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Filing 14
ORDER 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. AN IN PERSON, ON THE RECORD INITIAL PRETRIAL CONFERENCE (RULE 16) IS SCHEDULED FOR TUESDAY, NOVEMBER 28, 2023 AT 9:00 A.M. BEFORE THE HON. CHAD F. KENNEY, IN COURTROOM 11B, 601 MARKET STREET, PHILADELPHIA, PA 19106. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE CHAD F. KENNEY ON 11/2/23. 11/2/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 13 ANSWER to Complaint by AVIS BUDGET CAR RENTAL, LLC, AVIS BUDGET GROUP, INC., AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP.. (Attachments: #1 Certificate of Service, #2 Exhibit)(BAYER, JUSTIN) |
| Filing 12 Statement of Disclosure for PV Holding by AVIS BUDGET CAR RENTAL, LLC, AVIS BUDGET GROUP, INC., AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP.. (BAYER, JUSTIN) |
| Filing 11 Statement of Disclosure for Avis by AVIS BUDGET CAR RENTAL, LLC, AVIS BUDGET GROUP, INC., AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP.. (BAYER, JUSTIN) |
| Filing 10 State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, ) |
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Filing 9
ORDER THAT THAT THE COURTS NOTICE (ECF NO. 5) IS VACATED. REMOVING DEFENDANTS SHALL, ON ECF, ANSWER OR OTHERWISE PLEAD TO THE COMPLAINT ON OR BEFORE NOVEMBER 1, 2023. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/3/23. 10/3/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 8 Disclosure of Citizenship in Diversity Cases by AVIS BUDGET CAR RENTAL, LLC, AVIS BUDGET GROUP, INC., AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP. . (BAYER, JUSTIN) |
| Filing 7 Arbitration Certification that case exceeds the sum of $150,000.00 exclusive of interest and costs or relief other than monetary damages is sought (ABRAMS, DENNIS) |
| Filing 6 Disclosure of Citizenship in Diversity Cases by JOANNE E KARABEC-STUDER, PHILIP STUDER . (ABRAMS, DENNIS) |
| Filing 5 (VACATED PER DOC. NO. #9 ) NOTICE THAT THE PARTIES ARE HEREBY NOTICED THAT THIS CASE HAS BEEN FLAGGED AS ELIGIBLE FOR MANDATORY ARBITRATION AND AN ARBITRATION HEARING WILL BE SCHEDULED WITHIN APPROXIMATELY 120 DAYS OF THE FILING OF AN ANSWER. NO INITIAL PRETRIAL CONFERENCE (RULE 16) WILL BE HELD. THE REMOVING DEFENDANTS SHALL, ON ECF, ANSWER OR OTHERWISE PLEAD TO THE COMPLAINT ON OR BEFORE NOVEMBER 1, 2023. THE PARTIES ARE FURTHER NOTICED THAT ALL DISCOVERY MUST BE COMPLETED BY THE TIME OF THE ARBITRATION HEARING AND THE COURT WILL NOT PERMIT POST-ARBITRATION DISCOVERY ABSENT EXTRAORDINARY CIRCUMSTANCES. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/2/23. 10/3/23 ENTERED AND COPIES E-MAILED.(amas) Modified on 10/3/2023 (amas). |
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Filing 4
ORDER THAT EACH PARTY TO THE ACTION IS REQUIRED TO FILE OF RECORD THEIR DISCLOSURE OF CITIZENSHIP IN DIVERSITY JURISDICTION CASES (FORM ATTACHED). SIGNED BY HONORABLE CHAD F. KENNEY ON 10/2/23. 10/3/23 ENTERED AND COPIES E-MAILED.(amas)
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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. SIGNED BY HONORABLE CHAD F. KENNEY ON 10/2/23. 10/3/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 2 Letter re: Arbitration Certification (Attachments: #1 Arbitration Certification Form)(sbt) |
| Filing 1 NOTICE OF REMOVAL by AVIS BUDGET CAR RENTAL, LLC, AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP., AVIS BUDGET GROUP, INC. (Filing fee $ 402 receipt number APAEDC-16982304), filed by AVIS BUDGET CAR RENTAL, LLC, AVIS RENT A CAR SYSTEM, INC., AVIS RENT A CAR SYSTEM, LLC, PV HOLDING CORP., AVIS BUDGET GROUP, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Designation Form, #4 Case Management Track Designation Form, #5 Certificate of Service)(BAYER, JUSTIN) (Attachment 1 replaced on 10/2/2023) (sbt). |
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