METTS et al v. FLM DEVELOPMENT CO. INC. et al
Plaintiff: MICHAEL J. METTS and WENDY D. METTS
Defendant: FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS and FRANK J. PROVANZO
3Rd Party Defendant: D. H. FUNK AND SONS, LLC
Case Number: 5:2010cv07233
Filed: December 14, 2010
Court: US District Court for the Eastern District of Pennsylvania
Office: Allentown Office
County: Lancaster
Presiding Judge: HENRY S PERKIN
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Torts to Land
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 30, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2013 Opinion or Order Filing 88 ORDER THAT THE ABOVE ACTION IS DISMISSED WITH PREJUDICE, PURSUANT TO AGREEMENT OF COUNSEL WITHOUT COSTS. THE COURT INTENDS TO RETAIN JURISDICTION FOR ONE HUNDRED AND TWENTY (120) DAYS FROM NOW, AND ANY SETTLEMENT AGREEMENT IS APPROVED AND MADE A PART OF THE RECORD AND THIS ORDER FOR ENFORCEMENT PURPOSES, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/30/2013. 12/30/2013 ENTERED AND COPIES E-MAILED.(lbs, )
December 23, 2013 Opinion or Order Filing 87 ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM CIVILSUSPENSE. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/23/13. 12/23/13 ENTERED AND COPIES E-MAILED.(er, )
December 23, 2013 Filing 86 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 12/23/13. (er, )
December 12, 2013 Filing 85 Amended Disclosure with Certificate of Service by All Plaintiffs.(MOYLES, JAMES) Modified on 12/13/2013 (lisad, ).
December 11, 2013 Opinion or Order Filing 84 ORDER AS FOLLLOWS: THE MOTION IS GRANTED. FINAL PRETRIAL CONFERENCE SET FOR 2/12/2014 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, JURY SELECTION SET FOR 2/19/2014 09:30 AM IN Philadelphia BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ANY PRETRIAL MOTIONS DUE BY 12/20/2013, ANY DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR SUMMARY JUDGMENT DUE BY 12/20/2013, PLAINTIFF PRETRIAL MEMO DUE BY 1/23/2014, DEFENDANT PRETRIAL MEMO DUE BY 1/23/2014, TRIAL DATE SET FOR 2/24/2014 AFTER JURY SELECTION IN Philadelphia BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, AND SHALL CONTINUE ON 2/25/2014 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/11/2013. 12/12/2013 ENTERED AND COPIES E-MAILED.(lbs, )
November 22, 2013 Filing 83 Amended Disclosure with Certificate of Service by All Plaintiffs.(MOYLES, JAMES) Modified on 11/25/2013 (lisad, ).
November 4, 2013 Set/Reset Hearings: FINAL PRETRIAL CONFERENCE SET FOR 2/12/2014 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. (lbs, )
November 4, 2013 Opinion or Order Filing 82 ORDER THAT A FINAL PRETRIAL CONFERENCE SET FOR 2/12/2014 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, JURY SELECTION SET FOR 2/19/2014 09:30 AM IN Philadelphia BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, PRETRIAL MOTIONS DUE BY 12/13/2013, DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR SUMMARY JUDGMENT DUE BY 12/13/2013, PLAINTIFF PRETRIAL MEMO DUE BY 1/23/2014, DEFENDANT PRETRIAL MEMO DUE BY 1/23/2014, TRIAL DATE SET FOR 2/24/2014 09:30 AM IN Philadelphia FOLLOWING JURY SELECTION BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, AND SHALL CONTINUE ON 2/25/2014 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 11/4/2013. 11/4/2013 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lbs, ) (Main Document 82 replaced on 11/5/2013) (lbs, ).
November 4, 2013 Filing 81 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: An In Person Settlement Conference held on 11/4/2013. Court Reporter: None. (lbs, )
August 15, 2013 Filing 80 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: A Rule 16 Conference held on 8/14/2013 Court Reporter: None. (lbs, )
August 14, 2013 Opinion or Order Filing 79 SETTLEMENT CONFERENCE SCHEDULING ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE SET FOR 11/4/2013 09:30 AM IN ALLENTOWN BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/14/13. 8/15/13 ENTERED AND COPIES E-MAILED. (mas, )
August 12, 2013 Opinion or Order Filing 78 AMENDED RULE 16 CONFERENCE SCHEDULING ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON WEDNESDAY, AUGUST 14, 2013, AT 9:30 AM ( AND NOT ON TUESDAY, AUGUST. 13 AT 2:30 PM) BEFORE THE UNDERSIGNED. IT IS FURTHER ORDERED THAT JAMES R. MOYLES, ESQ., SHALL INITIATE THE CALL TO ALL COUNSEL INVOLVED. THE COURTS CONFERENCE CALL CONTACT NUMBER IS 610-434-3823. IT IS FURTHER ORDERED THAT THE LEAD TRIAL COUNSEL OF RECORD FOR EACH PARTY SHALL PARTICIPATE IN THE CONFERENCE. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/12/13. 8/12/13 ENTERED AND COPIES E-MAILED. (mas, )
August 8, 2013 Filing 77 Report Of Settlement Confernce Summary and Case Synopsis (with Certificate of Service) by FLM DEVELOPMENT CO. INC., FRANK J. PROVANZO. (THOMAS, JAMES)
August 5, 2013 Opinion or Order Filing 76 ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET FOR 8/13/2013 02:30 PM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/5/2013. 8/5/2013 ENTERED AND COPIES E-MAILED.(lbs, )
August 5, 2013 Filing 75 NOTICE of Withdrawal of Appearance by JOSEPH G. MUZIC on behalf of MICHAEL J. METTS, WENDY D. METTS (Attachments: #1 Certificate of Service)(MUZIC, JOSEPH)
July 19, 2013 Filing 74 ANSWER to #68 Third Party Complaint With Affirmative Defenses by D. H. FUNK AND SONS, LLC.(TYLER, THOMAS)
June 18, 2013 Filing 73 NOTICE of Withdrawal of Appearance by ANGELA H. SANDERS on behalf of FLM DEVELOPMENT CO. INC.(SANDERS, ANGELA)
May 30, 2013 Filing 72 DEMAND for Trial by Jury by D. H. FUNK AND SONS, LLC. (TYLER, THOMAS)
May 30, 2013 Filing 71 NOTICE of Appearance by THOMAS E. TYLER on behalf of D. H. FUNK AND SONS, LLC (TYLER, THOMAS)
May 30, 2013 Filing 70 WAIVER OF SERVICE Returned Executed by D. H. FUNK AND SONS, LLC. D. H. FUNK AND SONS, LLC waiver sent on 5/13/2013, answer due 7/12/2013. (TYLER, THOMAS)
May 28, 2013 Filing 69 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Status Conference held on 5/9/2013. Court Reporter: None. (lbs, )
May 17, 2013 Filing 68 PLAINTIFFS'/COUNTERCLAIM DEFENDANTS' MICHAEL J. METTS AND WENDY D. METTS THIRD-PARTY COMPLAINT against THIRD PARTY DEFENDANT D. H. FUNK AND SONS, LLC. Exhibit. (ems)
May 17, 2013 1 Third Party Summons Issued as to D. H. FUNK AND SONS, LLC. Forwarded To: Counsel for Plaintiff on 5/17/2013 (ems)
May 16, 2013 Opinion or Order Filing 67 ORDER THAT A FINAL PRETRIAL CONFERENCE SET FOR 11/4/2013 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ALL FACT DISCOVERY DUE BY 6/11/2013, JURY SELECTION SET FOR 11/13/2013 09:30 AM IN Philadelphia BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, PRETRIAL MOTIONS DUE BY 9/11/2013, DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR SUMMARY JUDGMENT DUE BY 8/12/2013, PLAINTIFF PRETRIAL MEMO DUE BY 10/7/2013, DEFENDANT PRETRIAL MEMO DUE BY 10/7/2013, TRIAL DATE SET FOR 11/13/2013 09:30 AM IN PHILADELPHIA BEFORE MAGISTRATE JUDGE HENRY S. PERKIN FOLLOWING JURY SELECTION AND SHALL CONTINUE ON 11/14/2013 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/16/2013. 5/16/2013 ENTERED AND COPIES E-MAILED.(lbs, )
May 13, 2013 Filing 66 Plaintifs'/Counterclaim Defendants's Third-Party Complaint by JAMES R. MOYLES on behalf of MICHAEL J. METTS, WENDY D. METTS (Attachments: #1 Certificate of Service)(MOYLES, JAMES) *FILED IN ERROR BY ATTORNEY; ATTORNEY MUST RE-FILE IN HARD COPY* Modified on 5/14/2013 (lisad, ).
May 9, 2013 Filing 65 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Telephonic Settlement Conference held on 5/9/2013. Court Reporter: None. (lbs, )
May 8, 2013 Opinion or Order Filing 64 TELEPHONIC STATUS CONFERNECE SCHEDULING ORDER THAT A TELEPHONIC STATUS CONFERENCE SET FOR 5/9/2013 03:30 PM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/8/13. 5/8/13 ENTERED AND COPIES E-MAILED. (mas, )
May 8, 2013 Filing 63 NOTICE of Appearance by JAMES R. MOYLES on behalf of MICHAEL J. METTS, WENDY D. METTS (MOYLES, JAMES)
April 29, 2013 Filing 62 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Telephonic Settlement Conference held on 4/29/2013. Court Reporter: NONE. (lbs, )
April 11, 2013 Opinion or Order Filing 61 TELEPHONIC STATUS CONFERENCE SCHEDULING ORDER THAT A TELEPHONIC STATUS CONFERENCE IS SET FOR 4/16/2013 10:30 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/11/13. 4/12/13 ENTERED AND COPIES E-MAILED.(mas, )
April 5, 2013 Filing 60 ANSWER re #55 Answer to Amended Complaint With Affirmative Defenses by MICHAEL J. METTS, WENDY D. METTS. (Attachments: #1 Certificate of Service) (MUZIC, JOSEPH) Modified on 4/8/2013 (lisad, ).
April 3, 2013 Opinion or Order Filing 59 ORDER THAT THE MOTION IS GRANTED AND THE DEADLINES SET FORTH IN DECEMBER 21, 2012 AMENDED RULE 16 SCHEDULING ORDER ARE AMENDED, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/3/2013.4/3/2013 ENTERED AND COPIES E-MAILED.(lbs, )
April 3, 2013 Opinion or Order Filing 58 ORDER THAT THE MOTION IS DENIED WITHOUT PREJUDICE FOR PLAINTIFFS TO MOVE FOR A PROTECTIVE ORDER AFTER PLAINTIFFS DEADLINE TO JOIN THIRD PARTIES TO THIS ACTION AS DISCUSSED DURING THE MARCH 27, 2013 TELEPHONE CONFERENCE. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/3/2013. 4/3/2013 ENTERED AND COPIES E-MAILED.(lbs, )
April 3, 2013 Set/Reset Scheduling Order Deadlines: ALL FACT DISCOVERY DUE BY 5/13/2013. ANY DISPOSITIVE MOTIONS, INCLUDING MOTIONS FOR SUMMARY JUDGMENT DUE BY 6/14/2013. (lbs, )
March 20, 2013 Opinion or Order Filing 57 ORDER THAT A TELEPHONIC DISCOVERY CONFERENCE IS set for 3/27/2013 03:30 PM before MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/19/2013. 3/20/2013 ENTERED AND COPIES E-MAILED.(lbs, )
March 20, 2013 Filing 56 PRAECIPE to Substitute re #55 Answer to Second Amended Complaint by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, FRANK J. PROVANZO, Certificate of Service. (Attachments: #1 Attachment)(THOMAS, JAMES) Modified on 3/20/2013 (md).
March 15, 2013 Filing 55 Defendants' ANSWER to Plaintiffs' #13 Second Amended Complaint by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, FRANK J. PROVANZO WITH COUNTERCLAIM BY FLM DEVELOPMENT CO. INC. AGAINST PLAINTIFFS. (mas, ) Modified on 5/17/2013 (ems).
March 15, 2013 Opinion or Order Filing 54 ORDER THAT THE #48 MOTION IS GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL FILE DEFENDANTS ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT, ATTACHED AS EXHIBIT A TO THE MOTION FOR LEAVE, AS OF THIS DATE. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/15/13. 3/18/13 ENTERED AND COPIES E-MAILED. (mas, )
March 14, 2013 Filing 53 Joint MOTION for Extension of Time to Complete Discovery and extend deadlines set forth in the Scheduling Order of December 21, 2012 filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, MICHAEL J. METTS, WENDY D. METTS, FRANK J. PROVANZO.. (Attachments: #1 Text of Proposed Order)(THOMAS, JAMES)
February 19, 2013 Filing 52 DEFENDANT'S REPLY TO PLAINTIFFS' BRIEF OPPOSING DEFENDANT'S MOTION MOTION FOR LEAVE TO FILE AMENDED ANSWER filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, FRANK J. PROVANZO. (lbs, )
February 19, 2013 Opinion or Order Filing 51 ORDER THAT THE MOTION IS GRANTED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL FILE THE REPLY, WHICH IS ATTACHED AS EXHIBIT A TO DEFENDANT'S MOTION. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/19/2013.2/19/2013 ENTERED AND COPIES E-MAILED.(lbs, )
February 13, 2013 Filing 50 MOTION for Leave to File Reply to Plaintiffs' Brief in Opposition to Defendant's Motion for Leave to File Amended Answer filed by FLM DEVELOPMENT CO. INC..Certificate of Service. (Attachments: #1 Exhibit A)(THOMAS, JAMES)
February 12, 2013 Filing 49 BRIEF Opposing #48 MOTION for Leave to File Amended Answer to Plaintiffs' Second Amended Complaint with Counterclaim filed by MICHAEL J. METTS, WENDY D. METTS. Certificate of Service. (Attachments: #1 Certificate of Service)(MUZIC, JOSEPH) Modified on 2/13/2013 (lisad, ).
January 29, 2013 Filing 48 MOTION for Leave to File Amended Answer to Plaintiffs' Second Amended Complaint with Counterclaim filed by FLM DEVELOPMENT CO. INC..Certificate of Service. (Attachments: #1 Exhibit A, #2 Counterclaim Exhibit A, #3 Counterclaim Exhibit B, #4 Counterclaim Exhibit C)(THOMAS, JAMES)
January 22, 2013 Opinion or Order Filing 47 ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE SET FOR 4/29/2013 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/22/2013. 1/22/2013 ENTERED AND COPIES E-MAILED.(lbs, )
December 21, 2012 Opinion or Order Filing 46 ORDER THAT ALL FACT DISCOVERY IN THIS CASE IS TO BE COMPLETED BY APRIL 12, 2013, ETC. ON OR BEFORE AUGUST 28, 2013, TRIAL COUNSEL FOR THE PARTIES SHALL FILE WITH THECLERK AND SERVE A COPY ON THIS OFFICE AND OPPOSING COUNSEL: (A) PRETRIAL MEMORANDA ON ALL LEGAL AND EVIDENTIARY ISSUES EXPECTED TO ARISE AT TRIAL, ETC. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON MONDAY, SEPTEMBER 9, 2013, AT 9:30 A.M. BEFORE THE UNDERSIGNED IN COURTROOM A, EDWARD N. CAHN UNITED STATES COURTHOUSE, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA. JURY SELECTION SHALL TAKE PLACE ON WEDNESDAY, SEPTEMBER 11, 2013 AT 9:30 A.M.AT THE JAMES A. BYRNE UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA IN A COURTROOM WHICH WILL BE DISCLOSED TO COUNSEL AT A LATER DATE. TRIAL OF THE WITHIN CASE SHALL COMMENCE ON MONDAY, SEPTEMBER 16, 2013 AT 9:30 A.M. IN COURTROOM A, EDWARD N. CAHN UNITED STATES COURTHOUSE, 504 WEST HAMILTON TREET, ALLENTOWN, PENNSYLVANIA. THIS ORDER SHALL SERVE AS A FORMAL ATTACHMENT FOR TRIAL. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/21/12. 12/21/12 ENTERED AND COPIES E-MAILED.(er, )
December 13, 2012 Filing 45 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Pretrial Conference held on 12/13/2012. (ahf)
November 14, 2012 Opinion or Order Filing 44 RULE 16 CONFERENCE SCHEDULING ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET FOR 12/13/2012 03:30 PM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 11/14/12. 11/15/12 ENTERED AND COPIES E-MAILED. (mas, )
September 14, 2012 Opinion or Order Filing 43 ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON TUESDAY, OCTOBER 30, 2012, AT 3:30 PM BEFORE THE UNDERSIGNED. IT IS FURTHER ORDERED THAT JOSEPH MUZIC, ESQ., SHALL INITIATE THE CALL TO ALL COUNSEL INVOLVED. THE COURTS CONFERENCE CALL CONTACT NUMBER IS 610-434- 3823. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/13/12. 9/14/12 ENTERED AND COPIES E-MAILED.(er, )
July 26, 2012 Filing 42 Defendants' ANSWER to #18 Amended Complaint by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, FRANK J. PROVANZO with Affirmative Defenses, Certificate of service.(THOMAS, JAMES) Modified on 7/27/2012 (nd, ).
June 26, 2012 Opinion or Order Filing 41 ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 6/26/2012. 6/26/2012 ENTERED AND COPIES E-MAILED.(lbs, )
June 26, 2012 Opinion or Order Filing 40 ORDER THAT ANY THIRD-PARTY COMPLAINTS SHALL BE FILED AND SERVED ON OR BEFORE JULY 26, 2012. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 6/26/2012. 6/26/2012 ENTERED AND COPIES E-MAILED.(lbs, )
June 26, 2012 Filing 39 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: A Telephonic Conference held on 6/26/2012 (lbs, )
May 10, 2012 Opinion or Order Filing 38 ORDER THAT: 1. ALL DEADLINES IN THE MAY 16, 2011 RULE 16 SCHEDULING ORDER ARE STRICKEN; AND 2. A TELEPHONE STATUS CONFERENCE TO DISCUSS SCHEDULING AND OTHER MATTERS SHALL BE HELD ON TUESDAY, JUNE 26, 2012 AT 10:00 A.M., ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/10/2012. 5/10/2012 ENTERED AND COPIES E-MAILED.(lbs, )
March 30, 2012 Opinion or Order Filing 37 ORDER THAT THE #26 MOTION TO DISMISS OF JAY-SCOT BUILDERS, INC. IS GRANTED, AND PLAINTIFFS AND JAY-SCOT BUILDERS, INC. ARE DIRECTED TO PARTICIPATE IN ARBITRATION IN LANCASTER COUNTY, PENNSYLVANIA ON ALL CLAIMS (COUNTS I THROUGH VI). IT IS FURTHER ORDERED THAT THE MOTIONS TO DISMISS COUNTS II AND III OF PLAINTIFFS SECOND AMENDED COMPLAINT FOR NEGLIGENT MISREPRESENTATION AND INTENTIONAL MISREPRESENTATION ARE GRANTED AND PLAINTIFFS SHALL HAVE UNTIL APRIL 30, 2012 TO FILE A THIRD AMENDED COMPLAINT WITH RESPECT TO COUNTS II AND III FOR NEGLIGENT MISREPRESENTATION AND INTENTIONAL MISREPRESENTATION..IT IS FURTHER ORDERED THAT THE MOTIONS TO DISMISS ARE DENIED AS TO ALLREMAINING CLAIMS. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/30/12. 3/30/12 ENTERED AND COPIES E-MAILED. (mas, )
March 30, 2012 Filing 36 MEMORANDUM. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 3/30/12. 3/30/12 ENTERED AND COPIES E-MAILED. (mas, )
August 19, 2011 Filing 35 CERTIFICATE OF SERVICE by MICHAEL J. METTS, WENDY D. METTS re #34 Response in Opposition to Motion (MUZIC, JOSEPH)
August 19, 2011 Filing 34 RESPONSE in Opposition re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by MICHAEL J. METTS, WENDY D. METTS. (Attachments: #1 Text of Proposed Order)(MUZIC, JOSEPH)
August 1, 2011 Filing 33 CONSENT to Jurisdiction by US Magistrate Judge by MICHAEL J. METTS, WENDY D. METTS.. (MUZIC, JOSEPH)
August 1, 2011 Filing 32 WAIVER OF SERVICE Returned Executed by MICHAEL J. METTS, WENDY D. METTS. FRANK J. PROVANZO waiver sent on 7/7/2011, answer due 9/6/2011. (MUZIC, JOSEPH) Modified on 8/3/2011 (nd, ).
August 1, 2011 Filing 31 RESPONSE in Support re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by FRANK J. PROVANZO. (THOMAS, JAMES)
August 1, 2011 Filing 30 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by FRANK J. PROVANZO.Certificate of Service. (Attachments: #1 Text of Proposed Order)(THOMAS, JAMES)
June 30, 2011 Second Amended Summons Issued as to FRANK J. PROVANZO. Forwarded To: JOSEPH MUZIC on 6/30/11 (as of 4/18/11) (jl, )
May 19, 2011 Filing 29 RESPONSE in Opposition re #26 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by MICHAEL J. METTS, WENDY D. METTS. (Attachments: #1 Text of Proposed Order)(MUZIC, JOSEPH)
May 16, 2011 Opinion or Order Filing 28 RULE 16 SCHEDULING ORDER THAT DISCOVERY DUE BY 9/13/2011; PRETRIAL MOTIONS DUE BY 3/16/2012; MOTION FOR SUMMARY JUDGMENT DUE BY 11/29/2011; PLAINTIFF AND DEFENDANT PRETRIAL MEMO DUE BY 5/25/2012; FINAL PRETRIAL CONFERENCE SET FOR 6/18/2012 09:30 AM IN COURTROOM 4A BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; JURY SELECTION SET FOR 6/20/2012 10:00 AM IN PHILADELPHIA BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; TRIAL DATE SET FOR 6/25/2012 09:30 AM IN COURTROOM 4A BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/16/11. 5/16/11 ENTERED AND COPIES E-MAILED.(mas, )
May 13, 2011 Filing 27 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: Rule 16 Scheduling Conference held on 5/13/11. A telephonic Rule 16 scheduling conference was conducted in this case. This proceeding was not placed on the record. (mas, )
May 2, 2011 Filing 26 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS.Brief, Certificate of Service. (Attachments: #1 Brief in Support of Motion to Dismiss)(SANDERS, ANGELA)
April 26, 2011 Opinion or Order Filing 25 RULE 16 CONFERENCE SCHEDULING ORDER THAT A TELEPHONIC RULE 16 SCHEDULING CONFERENCE SET FOR 5/13/2011 11:00 AM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN; ETC. AS HEREIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 4/26/11. 4/27/11 ENTERED AND COPIES E-MAILED.(mas, )
April 25, 2011 Filing 24 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE HENRY S. PERKIN.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/25/2011. 4/25/2011 ENTERED AND COPIES E-MAILED.(tomg, )
April 18, 2011 Opinion or Order Filing 23 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT (DOC. #19) IS GRANTED. PLAINIFF SHALL FILE A SECOND AMENDED COMPLAINT ON OR BEFORE 4/26/2011.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/18/2011.4/18/2011 ENTERED AND COPIES E-MAILED.(tomg, )
April 18, 2011 Opinion or Order Filing 22 ORDER THAT PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME (DOC. #17) IS GRANTED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/18/2011.4/18/2011 ENTERED AND COPIES E-MAILED.(tomg, )
April 18, 2011 Opinion or Order Filing 21 ORDER THAT THE DEFTS' MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (DOC. #12) IS DENIED AS MOOT.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/18/2011.4/18/2011 ENTERED AND COPIES E-MAILED.(tomg, )
April 18, 2011 ***Set/Reset Deadlines: AMENDED PLEADINGS DUE BY 4/26/2011. (tomg, )
April 12, 2011 Filing 20 CERTIFICATE of Counsel re #19 First MOTION for Leave to File by JOSEPH G. MUZIC on behalf of MICHAEL J. METTS, WENDY D. METTS(MUZIC, JOSEPH)
April 11, 2011 Filing 19 First MOTION for Leave to File filed by MICHAEL J. METTS, WENDY D. METTS.Brief, Certificate of Service. (Attachments: #1 Brief)(MUZIC, JOSEPH)
April 11, 2011 Filing 18 SECOND AMENDED COMPLAINT against FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, filed by MICHAEL J. METTS, WENDY D. METTS, JURY DEMAND, CERTIFICATE OF SERVICE.(jl, ) Modified on 4/11/2011 (jl, ). (EXHIBITS IN HARD COPY)
March 31, 2011 Filing 17 First MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss Plaintiffs' Amended Complaint, #14 Memorandum filed by MICHAEL J. METTS, WENDY D. METTS.Certificate of Service.(MUZIC, JOSEPH)
March 25, 2011 Filing 16 Disclosure with Certificate of Service by MICHAEL J. METTS, WENDY D. METTS.(MUZIC, JOSEPH)
March 15, 2011 Opinion or Order Filing 15 ORDER THAT DEFTS' MOTION TO DISMISS (DOC. #8) IS DENIED AS MOOT.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/14/2011.3/15/2011 ENTERED AND COPIES E-MAILED.(tomg, )
March 14, 2011 Filing 14 Memorandum in Support of Motion to Dismiss re #12 MOTION to Dismiss Plaintiffs' Amended Complaint by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS. (SANDERS, ANGELA)
March 14, 2011 Filing 13 AMENDED COMPLAINT against FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS, filed by MICHAEL J. METTS, WENDY D. METTS. with certificate of service(tomg, )
March 14, 2011 Filing 12 MOTION to Dismiss Plaintiffs' Amended Complaint filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS.Brief, Certificate of Service. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Text of Proposed Order)(SANDERS, ANGELA)
March 7, 2011 Filing 11 AMENDED COMPLAINT Plaintiff's Complaint filed by MICHAEL J. METTS, WENDY D. METTS.Certificate of Service. (Attachments: #1 Exhibit)(MUZIC, JOSEPH) (FILED IN ERROR BY ATTORNEY; ATTORNEY WILL RE-SUBMIT IN HARD COPY) Modified on 3/8/2011 (nd).
February 14, 2011 Filing 10 Memorandum in Support of Motion re #8 MOTION to Dismiss Plaintiff's Complaint filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS. (THOMAS, JAMES)
February 14, 2011 Filing 9 AFFIDAVIT in Support re #8 MOTION to Dismiss Plaintiff's Complaint filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS. (THOMAS, JAMES)
February 14, 2011 Filing 8 MOTION to Dismiss Plaintiff's Complaint filed by FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order)(THOMAS, JAMES)
February 7, 2011 Filing 7 NOTICE of Hearing:RULE 16 CONFERENCE SET FOR 4/1/2011 AT 10:00 AM BEFORE HONORABLE LAWRENCE F. STENGEL IN THE UNITED STATES DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET.(pac,)
February 2, 2011 Filing 6 WAIVER OF SERVICE Returned Executed by MICHAEL J. METTS, WENDY D. METTS. JAY-SCOT BUILDERS waiver sent on 1/28/2011, answer due 3/29/2011. (MUZIC, JOSEPH)
February 2, 2011 Filing 5 WAIVER OF SERVICE Returned Executed by MICHAEL J. METTS, WENDY D. METTS. FLM DEVELOPMENT CO. INC. waiver sent on 1/28/2011, answer due 3/29/2011. (MUZIC, JOSEPH)
February 2, 2011 Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 by JAY-SCOT BUILDERS.(THOMAS, JAMES)
February 2, 2011 Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 by FLM DEVELOPMENT CO. INC..(THOMAS, JAMES)
January 28, 2011 Filing 2 NOTICE of Appearance by JAMES H. THOMAS on behalf of FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS with Certificate of Service(THOMAS, JAMES)
December 14, 2010 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 034384.), filed by MICHAEL J. METTS, WENDY D. METTS. (Attachments: #1 Ex. A)(tj, ) (Additional attachment(s) added on 12/14/2010: #2 Signature Page, #3 Civil Cover Sheets) (tj, ).
December 14, 2010 Summons Issued as to FLM DEVELOPMENT CO. INC., JAY-SCOT BUILDERS. Forwarded To: Counsel on 12/14/10 (tj, )
December 14, 2010 DEMAND for Trial by Jury by MICHAEL J. METTS, WENDY D. METTS. (tj, )

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Search for this case: METTS et al v. FLM DEVELOPMENT CO. INC. et al
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Plaintiff: MICHAEL J. METTS
Represented By: JAMES R. MOYLES
Represented By: JOSEPH G. MUZIC
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Plaintiff: WENDY D. METTS
Represented By: JAMES R. MOYLES
Represented By: JOSEPH G. MUZIC
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Defendant: FLM DEVELOPMENT CO. INC.
Represented By: JAMES H. THOMAS
Represented By: ANGELA H. SANDERS
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Defendant: JAY-SCOT BUILDERS
Represented By: JAMES H. THOMAS
Represented By: ANGELA H. SANDERS
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Defendant: FRANK J. PROVANZO
Represented By: JAMES H. THOMAS
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3rd party defendant: D. H. FUNK AND SONS, LLC
Represented By: THOMAS E. TYLER
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