LOZANO et al v. BESSER COMPANY et al
| LOZANO, CONSUELO LOZANO and JOSE LOZANO |
| BESSER COMPANY, BESSER HOLLAND (LITHIBAR), BESSER COMPANY USA and BESSER ALPENA |
| 5:2016cv05705 |
| November 1, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Berks |
| EDWARD G SMITH |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2017. A more recent docket listing may be available from PACER.
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Filing 45
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b) AND NOW, this 9th day of November, 2017, it having been reported that the parties have settled the above-captioned action, and pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that this action is DISMISSED WITH PREJUDICE, pursuant to agreement of counsel without costs.The Court shall retain jurisdiction for a period of ninety (90) days while the parties finalize the written settlement agreement. 11/9/17 ENTERED AND COPIES E-MAILED (sres, )
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Filing 44
ORDER THAT THE MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. 37) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION FOR PARTIAL SUMMARY JUDGMENT, INSOFAR AS THE DEFENDANTS SEEK TO HAVE THE COURT ENTER SUMMARY JUDGMENT IN THEIR FAVOR ON THE PLAINTIFFS' CAUSE OF ACTION FOR NEGLIGENCE IN COUNT I OF THE COMPLAINT, IS GRANTED WITH THE CONSENT OF THE PLAINTIFFS, ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/20/17.10/20/17 ENTERED AND COPIES E-MAILED.(er, )
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| Filing 43 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 10/20/17 Court Reporter: None. (er, ) |
| Filing 42 RESPONSE in Opposition re #37 MOTION for Partial Summary Judgment filed by JOSE LOZANO. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B - OSHA Inspection Report, #3 Exhibit C- Photos of Splitter, #4 Exhibit D- Dep of Plaintiff Lozano, #5 Exhibit E- Dep of Co Worker Haas, #6 Exhibit F- Dep of Co Worker Poulos, #7 Exhibit G- Dep of Co Worker Coggin, #8 Exhibit H - Expert Report of Cocchiola 8-31-2017, #9 Exhibit I - Expert Report of Cocchiola 9-26-2017, #10 Exhibit J - Besser Manual part 1 of 2, #11 Exhibit J - Besser Manual part 2 of 2, #12 Exhibit K - Deposition of Tim Farley 6-6-17, #13 Exhibit L - Deposition of Tim Farley 10-9-17, #14 Exhibit M - Defense Expert Report of Mariscalco, #15 Exhibit N - Deposition of Keith Price, #16 Exhibit O - Besser Emails, #17 Exhibit P - Plaintiffs Injury Photos, #18 Exhibit Q - Deposition of Co Worker Nyce, #19 Exhibit R - Deposition of Co Worker Tufano, #20 Exhibit S - Deposition of McNamee, #21 Exhibit T - Deposition of Van Sickle)(FENERTY, JOHN) |
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Filing 41
ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON 10/20/2017 AT 9:30 A.M.SIGNED BY HONORABLE EDWARD G. SMITH ON 10/13/17. 10/13/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 40 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 10/13/17. (ky, ) |
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Filing 39
ORDER THAT THE COURT WILL HOLD A TELEPHONE STATUS CONFERENCE ON 10/13/2017 AT 9:00 A.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/10/17. 10/10/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 38 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Settlement Conference held on 10/6/17. Court Reporter: None. (er, ) |
| Filing 37 MOTION for Partial Summary Judgment filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR).Certificate of Service. (Attachments: #1 Statement of Undisputed Facts, #2 Brief, #3 Proposed Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J)(QUIAT, LAURIN) |
| MOTION IN LIMINE DUE BY 11/22/2017. (ky, ) |
| Filing 36 SECOND AMENDED SCHEDULING ORDER THAT DISCOVERY DUE BY 8/31/2017; MOTIONS DUE BY 10/20/2017; MOTIONS IN LIMINE ARE DUE BY 11/22/2017; A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 12/6/2017 AT 1:00 P.M.; JURY SELECTION IS SCHEDULED FOR 12/11/2017 AT 9:30 A.M.; A JURY TRIAL IS SCHEDULED FOR 12/12/2017 AT 9:30 A.M.; A SETTLEMENT CONFERENCE IS SCHEDULED FOR 10/6/2017 AT 9:30 A.M.; PLAINTIFF PRETRIAL MEMO IS DUE BY 11/22/2017; DEFENDANT PRETRIAL MEMO IS DUE BY 11/22/2017. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/16/17. 6/16/17 ENTERED AND COPIES E-MAILED. (ky, ) Modified on 6/19/2017 (ky, ). |
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Filing 35
ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE ON FRIDAY, JUNE 16, 2017 AT 11:30 A.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 6/15/17. 6/15/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 34 STIPULATED PROTECTIVE ORDER BY PLAINTIFFS AND DEFENDANTS TO PROVIDE THE TERMS UNDER WHICH THEY MAY EXCHANGE INFORMATION ON A CONFIDENTIAL BASIS FOR PURPOSES OF THE LITIGATION AND DISCOVERY CONDUCTED IN THE COURSE OF THE LITIGATION.SIGNED BY HONORABLE EDWARD G. SMITH ON 5/31/17. 5/31/17 ENTERED AND COPIES E-MAILED.(ky, ) |
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Filing 33
ORDER THAT THE UNOPPOSED MOTION FOR ENTRY OF CONFIDENTIALITY AGREEMENT IS GRANTED. THE ATTACHED STIPULATED CONFIDENTIALITY AGREEMENT IS ENTERED AS A PROTECTIVE ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(c). SIGNED BY HONORABLE EDWARD G. SMITH ON 5/31/17. 5/31/17 ENTERED AND COPIES E-MAILED.(ky, )
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| Filing 32 MOTION for Entry of Confidentiality Agreement filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR). Certificate of Service. (Attachments: #1 Stipulated Confidentiality Agreement)(HERROLD, TYSON) Modified on 6/1/2017 (tjd). |
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Filing 31
ORDER THAT THE MATTERS DOCKETED IN CASE NUMBER 17-877 ARE HEREBY CONSOLIDATED WITH 16-5705. 16-5705 SHALL SERVE AS THE LEAD CASE. THE MOTION TO DISMISS FILED BY THE DEFENDANTS IN 17-877 (DOC. NO. 7) IS DENIED AS MOOT; AND THE CLERK OF COURT IS DIRECTED TO MARK CAsE 17-877 AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 4/4/17. 4/4/17 ENTERED AND COPIES E-MAILED. ( ky, )
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| Filing 30 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: A Telephone Conference was held on 3/29/17. (ky, ) |
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Filing 29
ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 10/2/2017 AT 9:30 A.M. BEFORE THE HONORABLE EDWARD G. SMITH. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/27/17. 3/27/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 28 AMENDED SCHEDULING ORDER THAT DISCOVERY IS DUE BY 7/17/2017; MOTIONS ARE DUE BY 10/20/2017; MOTIONS IN LIMINE ARE DUE BY 11/22/2017; A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR 12/6/2017 AT 1:00 P.M.; JURY SELECTION IS SCHEDULED FOR 12/11/2017 AT 9:30 A.M. IN PHILADELPHIA, PA; A JURY TRIAL IS SCHEDULED FOR 12/12/2017 AT 9:30 A.M.; A SETTLEMENT CONFERENCE IS SCHEDULED FOR 10/2/2017 AT 9:30 A.M.; PLAINTIFF PRETRIAL MEMO IS DUE BY 11/22/2017; DEFENDANT PRETRIAL MEMO IS DUE BY 11/22/2017. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/27/17. 3/27/17 ENTERED AND COPIES E-MAILED. (ky, ) |
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Filing 27
ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE IN THE ABOVE-CAPTIONED CASES ON WEDNESDAY 3/29/2017 AT 2:30 P.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/27/17. 3/27/17 ENTERED AND COPIES E-MAILED.(ky, )
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Filing 26
ORDER THAT THE MOTION FOR TRIAL BY JURY (DOC. NO. 24) IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/24/17. 3/24/17 ENTERED AND COPIES E-MAILED.(ky, )
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| Filing 25 RESPONSE in Opposition re #24 First MOTION Trial by Jury filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(HERROLD, TYSON) |
| Filing 24 First MOTION Trial by Jury filed by CONSUELO LOZANO, JOSE LOZANO.Motion for Trial by Jury and Brief in Support Thereof and Certificate of Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(FENERTY, JOHN) |
| Filing 23 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Telephone Conference held on 3/3/17 Court Reporter: None. (er, ) |
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Filing 22
ORDER THAT THE COURT WILL HOLD A TELEPHONE CONFERENCE IN THE ABOVE-CAPTIONED CASES ON FRIDAY, MARCH 3, 2017, AT 10:00 A.M. TO DISCUSS CONSOLIDATING THE CASES. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/28/17. 2/28/17 ENTERED AND COPIES E-MAILED.(er, )
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| Set/Reset Hearings: TELEPHONE CONFERENCE SET FOR 3/3/2017 10:00 AM BEFORE HONORABLE EDWARD G. SMITH. (er, ) |
| Filing 21 DEMAND for Trial by Jury by CONSUELO LOZANO, JOSE LOZANO. (FENERTY, JOHN) |
| Filing 20 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: a Telephone Conference held on 2/27/17. Court Reporter: None. (er, ) |
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Filing 19
ORDER THAT DISCOVERY IS DUE BY 7/17/2017; MOTIONS ARE DUE BY 10/20/2017; A SETTLEMENT CONFERENCE IS SCHEDULED FOR 10/2/2017 AT 9:30 A.M.; AND A TELEPHONE STATUS CONFERENCE IS SCHEDULED FOR 2/27/2017 AT 10:00 A.M. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/10/17. 2/13/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 18 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH re: An Initial Pretrial Conference was held on 1/27/17. (ky, ) |
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Filing 17
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF LAURIN D. QUIAT, ESQUIRE TO PRACTICE IN THIS COURT ON BEHALF OF DEFENDANTS IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/20/17. 1/20/17 ENTERED AND COPIES E-MAILED. (ky, )
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| Filing 16 MOTION for Pro Hac Vice Laurin D. Quiat filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR).Certificate of Service.(HERROLD, TYSON) (Fee Paid on 1/20/17) Modified on 1/23/2017 (kw, ). |
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Filing 15
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE OF CORY M. CURTIS, ESQUIRE TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/6/17. 1/6/17 ENTERED AND COPIES MAILED AND E-MAILED. (ky, )
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| Filing 14 MOTION for Pro Hac Vice of Cory M. Curtis filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR).Certificate of Service. (Attachments: #1 Text of Proposed Order)(HERROLD, TYSON) (Fee Paid on 1/9/17) Modified on 1/9/2017 (kw, ). |
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Filing 13
ORDER THAT THE APPLICATION FOR ADMISSION PRO HAC VICE OF JUSTIN T. WINQUIST, ESQUIRE TO PRACTICE IN THIS COURT ON BEHALF OF DEFENDANTS IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/6/17. 1/6/17 ENTERED AND COPIES MAILED WITH ECF APPLICATION AND E-MAILED. (ky, )
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| Filing 12 MOTION for Pro Hac Vice of Justin T. Winquist filed by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR).Certificate of Service. (Attachments: #1 Text of Proposed Order)(HERROLD, TYSON) (Fee Paid on 1/6/17) Modified on 1/9/2017 (kw, ). |
| Filing 11 NOTICE of Hearing: Please be advised that an initial pretrial conference has been scheduled before Judge Edward G. Smith in the above-captioned case. The conference will be held at the Holmes Building, 101 Larry Holmes Drive, 4th Floor, Easton, Pennsylvania 18042 on Friday, January 27, 2017, at 11:30 a.m. (sres, ) |
| Filing 10 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR).(HERROLD, TYSON) |
| Filing 9 ANSWER to #1 Complaint, by BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR). Affirmative Defenses, Certificate of Service.(HERROLD, TYSON) Modified on 2/21/2017 (tjd). |
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Filing 8
ORDER AND STIPULATION THAT THE TIME IN WHICH DEFENDANTS SHALL ANSWER IS EXTENDED UNTIL 12/22/16. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/14/16. 12/14/16 ENTERED AND COPIES E-MAILED.(ky, )
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| Filing 7 NOTICE of Appearance by TYSON Y. HERROLD on behalf of BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR) with Certificate of Service(HERROLD, TYSON) |
| Filing 6 NOTICE A review of the Court's records shows that a pleading has not been filed in the above-captioned action in response to the complaint as required by Rule 12 of the Federal Rules of Civil Procedure. Accordingly, you may file a request with the Clerk for entry of a default in accordance with Rule 55 of the Federal Rules of Civil Procedure. If the Request for Default is not filed by December 19, 2016, the Court may enter an order dismissing the case against the above-named defendant for lack of prosecution.(sres, ) |
| Filing 5 Return OF SERVICE by CONSUELO LOZANO, JOSE LOZANO on Defendant, Besser Alpena by Certified Mail on 11/14/2016, answer due 12/5/2016. (FENERTY, JOHN) Modified on 12/8/2016 (tjd). |
| Filing 4 Return OF SERVICE by CONSUELO LOZANO, JOSE LOZANO on Defendant, Besser Holland (Lithibar) by Certified Mail on 11/14/2016, answer due 12/5/2016. (FENERTY, JOHN) Modified on 12/8/2016 (tjd). |
| Filing 3 Return OF SERVICE by CONSUELO LOZANO, JOSE LOZANO on Defendant, Besser Company USA by Certified Mail on 11/14/2016, answer due 12/5/2016. (FENERTY, JOHN) Modified on 12/8/2016 (tjd). |
| Filing 2 Return OF SERVICE by CONSUELO LOZANO, JOSE LOZANO on Defendant, Besser Company by Certified Mail on 11/14/2016, answer due 12/5/2016. (FENERTY, JOHN) Modified on 12/8/2016 (tjd). |
| Filing 1 COMPLAINT against BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR) ( Filing fee $ 400 receipt number 149524.), filed by JOSE LOZANO, CONSUELO LOZANO. (Attachments: #1 Case Management Track Form, #2 Designation Form, #3 Civil Cover Sheet)(jwl, ) |
| Summons Issued as to BESSER ALPENA, BESSER COMPANY, BESSER COMPANY USA, BESSER HOLLAND (LITHIBAR). Four Forwarded To: Counsel on 11/2/16 (jwl, ) |
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