SCALIA v. EAST PENN MANUFACTURING COMPANY, INC.
Plaintiff: R. ALEXANDER ACOSTA, EUGENE SCALIA, Acting Sec of Labor MILTON AL STEWART and Martin J Walsh
Defendant: EAST PENN MANUFACTURING COMPANY, INC.
Petitioner: YUASA BATTERY, INC., ENERSYS DELAWARE, INC. and EXIDE TECHNOLOGIES
Case Number: 5:2018cv01194
Filed: March 20, 2018
Court: US District Court for the Eastern District of Pennsylvania
Office: Allentown Office
County: Philadelphia
Presiding Judge: GENE EK PRATTER
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Denial of Overtime Compensation
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2023 Filing 521 TRIAL BRIEF , Second Supplement with Objections to Defendant's Demonstratives by Martin J Walsh. Certificate of Service (Attachments: #1 Exhibit A)(GOSFIELD, ALEXANDER)
March 6, 2023 Filing 520 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Telephone Conference held on 3/6/23 (bw)
March 6, 2023 Opinion or Order Filing 519 ORDER THAT EAST PENN MANUFACTURING CO.' S MOTION IN LIMINE TO EXCLUDE CERTAIN EXHIBITS AS INADMISSIBLE HEARSAY (DOC. NO. 353), THE SECRETARY'S RESPONSE IN OPPOSITION #362 , AND SUPPLEMENTAL BRIEFINGS TO THE MOTION #369 , #389 , #504 , & #510 , IT IS ORDERED THAT EAST PE1M MANUFACTURING CO.' S MOTION IN LIMINE #353 IS DEEMED MOOT IN PART AND DENIED IN PART. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/6/23.2/6/23 ENTERED AND COPIES E-MAILED.(bw)
March 3, 2023 Opinion or Order Filing 518 ORDER THAT EAST PENNS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF THE FINANCIAL SITUATIONS OF EAST PENN OR ITS EMPLOYEES #361 IS GRANTED WITHOUT PREJUDICE. THE SECRETARYS MOTION IN LIMINE TO PRECLUDE IMPROPER EVIDENCE OF EAST PENNS GOOD CHARACTER OR INABILITY TO PAY ANY POTENTIAL JUDGMENT #386 IS DEEMED MOOT IN PART AND GRANTED WITHOUT PREJUDICE IN PART; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/3/23.3/3/23 ENTERED AND COPIES E-MAILED.(bw)
March 3, 2023 Opinion or Order Filing 517 ORDER THAT EAST PENN MANUFACTURING CO.S MOTION IN LIMINE TO PRECLUDE REFERENCES TO COMPETITORS PRACTICES AND INDUSTRY STANDARDS #360 IS DENIED WITHOUT PREJUDICE. THE SECRETARYS CROSS MOTION IN LIMINE TO PRECLUDE EVIDENCE AND ARGUMENT OF AN INDUSTRY STANDARD TO BREAK THE LAW #380 IS DEEMED MOOT IN PART AND DENIED WITHOUT PREJUDICE IN PART; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/3/23.3/3/23 ENTERED AND COPIES E-MAILED.(bw)
March 3, 2023 Filing 516 Objections by EAST PENN MANUFACTURING COMPANY, INC. Second Amended Objections to DOL's Trial Exhibits of January 27, 2023 and Demonstratives. (MUELLER, MICHAEL)
March 2, 2023 Filing 515 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Telephone Conference held on 3/2/23 (bw)
March 1, 2023 Filing 514 Statement of the Case (Joint) by EAST PENN MANUFACTURING COMPANY, INC.. (REESE, BRIANNE)
February 28, 2023 Opinion or Order Filing 513 ORDERED THAT THE SECRETARY'S MOTION IN LIMINE TO PRECLUDE EVIDENCE (DOC. #429 ) IS DENIED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/28/2023.2/28/2023 ENTERED AND COPIES E-MAILED.(sg)
February 28, 2023 Opinion or Order Filing 512 ORDERED THAT THE MOTION IN LIMINE TO EXCLUDE (DOC. #410 ) IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/28/2023.2/28/2023 ENTERED AND COPIES E-MAILED.(sg) (Main Document 512 replaced on 2/28/2023) (sg). Modified on 2/28/2023 (nd).
February 28, 2023 Opinion or Order Filing 511 ORDERED THAT SECRETARY'S MOTION IN LIMINE TO PRECLUDE EVIDENCE (DOC. #398 ) IS DENIED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/28/2023.2/28/2023 ENTERED AND COPIES E-MAILED.(sg) Modified on 2/28/2023 (nd).
February 27, 2023 Filing 510 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. re #504 Trial Brief (Response) (MUELLER, MICHAEL)
February 27, 2023 Opinion or Order Filing 509 ORDER THAT THE MOTION IN LIMINE #405 IS DENIED WITHOUT PEJUDICE TO THE SECRETARY TO RAISE OBJECTIONS IN THE COURSE OF TRIAL; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/27/23.2/27/23 ENTERED AND COPIES E-MAILED.(bw)
February 27, 2023 Opinion or Order Filing 508 ORDER THAT THE MOTION IN LIMINE #400 IS DENIED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/27/23.2/27/23 ENTERED AND COPIES E-MAILED.(bw)
February 27, 2023 Opinion or Order Filing 507 ORDER THAT THE MOTION IN LIMINE #428 IS DENIED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/27/23.2/27/23 ENTERED AND COPIES E-MAILED.(bw)
February 27, 2023 Opinion or Order Filing 506 ORDER THAT THE MOTION IN LIMINE #409 IS DENIED WITHOUT PREJUDICE TO THE SECRETARY TO RAISE OBJECTIONS IN THE COURSE OF TRIAL; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/27/23.2/27/23 ENTERED AND COPIES E-MAILED.(bw)
February 27, 2023 Opinion or Order Filing 505 ORDER THAT THE MOTION IN LIMINE #374 IS DENIED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/27/23.2/27/23 ENTERED AND COPIES E-MAILED.(bw) (Main Document 505 replaced on 2/27/2023) (bw).
February 24, 2023 Filing 504 TRIAL BRIEF Regarding Declarations by Martin J Walsh. Certificate of Service (Attachments: #1 Exhibit A - 20 Sample Declarations)(GOSFIELD, ALEXANDER)
February 24, 2023 Opinion or Order Filing 503 ORDER THAT THE MOTIONS IN LIMINE #356 AND #364 ARE DENIED WITHOUT PREJUDICE TO EITHER PARTY TO RAISE OBJECTIONS IN THE COURSE OF TRIAL FOR THE COURT'S REVIEW AT THAT TIME; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/24/23.2/24/23 ENTERED AND COPIES E-MAILED.(bw)
February 24, 2023 Filing 502 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Pretrial Telephone Conference held on 2/24/23 (bw)
February 24, 2023 Opinion or Order Filing 501 ORDER THAT THE MOTION IN LIMINE #348 IS DEEMED MOOT; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/24/23.2/24/23 ENTERED AND COPIES E-MAILED.(bw)
February 23, 2023 Filing 500 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Pretrial Telephone Conference held on 2/2/23 (bw)
February 15, 2023 Filing 499 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER IN PERSON Pretrial Conference held on 2/14/23. Court Reporter: LYNN GLIGOR. (JL) (Main Document 499 replaced on 2/16/2023) (jl). Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER IN PERSON Pretrial Conference held on 2/14/23. Court Reporter: LYNN GLIGOR. (JL) (Main Document 499 replaced on 2/16/2023) (jl).
February 14, 2023 Opinion or Order Filing 498 ORDER THAT THE MOTION IN LIMINE #416 IS DEEMED WITHDRAWN; AS IT IS OUTLINED HEEIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/14/23.2/14/23 ENTERED AND COPIES E-MAILED.(bw)
February 14, 2023 Opinion or Order Filing 497 ORDER THAT THE MOTION IN LIMINE #358 IS DENIED WITHOUT PREJUDICE; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/14/23.2/14/23 ENTERED AND COPIES E-MAILED.(bw)
February 14, 2023 Opinion or Order Filing 496 ORDER THAT THE MOTION IN LIMINE #357 IS GRANTED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/14/23.2/14/23 ENTERED AND COPIE E-MAILED.(bw)
February 14, 2023 Opinion or Order Filing 495 ORDER THAT THE MOTION IN LIMINE #355 IS GRANTED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/14/23.2/14/23 ENTERED AND COPIES E-MAILED.(bw)
February 14, 2023 Opinion or Order Filing 494 ORDER THAT THE MOTION IN LIMINE #354 IS GRANTED; AS IT IS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/14/23.2/14/23 ENTERED AND COPIES E-MAILED.(bw)
February 14, 2023 Filing 493 NOTICE of Appearance by SAMANTHA N. THOMAS on behalf of Martin J Walsh (THOMAS, SAMANTHA)
February 13, 2023 Opinion or Order Filing 492 ORDER THAT EAST PENN'S MOTION IN LIMINE TO EXCLUDE TEMPORARY EMPLOYEES FROM TRIAL #331 IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/13/23. 2/13/23 ENTERED AND COPIES E-MAILED.(bw) Modified on 2/14/2023 (lisad, ).
February 13, 2023 Opinion or Order Filing 491 ORDER THAT THE SECRETARY'S MOTION TO AMEND SCHEDULE A (DOC. NO. 324), EAST PENN'S RESPONSE (DOC. NO. 328), AND THE SECRETARY'S REPLY (DOC. NO. 330), AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THAT THE MOTION #324 IS GRANTED, PROVIDED THAT THE NAMES OF THE TWO INDIVIDUALS IDENTIFIED AS TEMPORARY WORKERS SHALL BE REMOVED FROM THE OPERATIVE SCHEDULE A SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/13/23. 2/13/23 ENTERED AND COPIES E-MAILED.(bw)
February 13, 2023 Filing 490 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/13/23. 2/13/23 ENTERED AND COPIES E-MAILED.(bw)
February 10, 2023 Opinion or Order Filing 489 ORDER THAT THE MOTION FOR PRO HAC VICE #486 FOR TONYA M. GRAY TO PRACTICE IN THIS COURT IS GRANTED; AS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/10/23.2/10/23 ENTERED AND COPIES MAILED AND E-MAILED.(bw)
February 8, 2023 Opinion or Order Filing 488 ORDER THAT EACH PARTY SHALL SUBMIT TO THIS COURT VIA FAX A STATUS UPDATE AS TO WHICH DEPOSITION TESTIMONY IS ANTICIPATED TO BE OFFERED DURING TRIAL AND THE BASIS OF THE USE OF SUCH DEPOSITIONS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 32 BY FEBRUARY 10, 2023; AS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/8/23. 2/8/23 ENTERED AND COPIES E-MAILED.(bw)
February 7, 2023 Filing 487 TRIAL BRIEF Supplement to Plaintiff's Pretrial Memorandum by Martin J Walsh. Certificate of Service (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(GOSFIELD, ALEXANDER)
February 7, 2023 Filing 486 MOTION for Pro Hac Vice for Tonya M. Gray ( Filing fee $ 40 receipt number APAEDC-16485026.) filed by EAST PENN MANUFACTURING COMPANY, INC..Declaration of Tonya M. Gray. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(HUYETT, DANIEL)
February 6, 2023 Opinion or Order Filing 485 ORDER THAT EACH PARTY SHALL DISCLOSE TO OPPOSING COUNSEL THE IDENTITY OF EACH WITNESS ALREADY SUBPOENAED OR FROM WHOM SUCH PARTY HAS ALREADY OBTAINED A WAIVER OF SERVICE AND THE METHOD OF DOCUMENTING SUCH WAIVER WITHIN 24 HOURS OF THE ISSUANCE OF THIS ORDER, ETC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/6/23. 2/6/23 ENTERED AND COPIES E-MAILED.(lisad, ) (lisad, ). Modified on 2/6/2023 (lisad, ).
January 31, 2023 Opinion or Order Filing 484 ORDER THAT THE COMMUNICATION OF EAST PENN MANUFACTURING CO. RECEIVED ON JANUARY 30, 2023, CONFIRMING THAT EAST PENN HAS AGREED TO WITHDRAW ITS MOTION IN LIMINE TO PRECLUDE IRRELEVANT AND UNFAIRLY PREJUDICIAL CHARACTERIZATIONS OF EAST PENN'S PAY PRACTICES (DOC. NO. 359), IT IS ORDERED THAT THE MOTION #359 IS DEEMED WITHDRAWN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/31/23.2/1/23 ENTERED AND COPIES E-MAILED.(bw)
January 31, 2023 Filing 483 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 2/2/2023 03:30 PM BEFORE HONORABLE GENE E.K. PRATTER.(mlc)
January 27, 2023 Filing 482 TRIAL BRIEF Plaintiff's Trial Memorandum by Martin J Walsh. certificate of service (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
January 27, 2023 Filing 481 STIPULATION Joint Stipulations for Trial by Martin J Walsh. (Attachments: #1 Certificate of Service)(GOSFIELD, ALEXANDER)
January 27, 2023 Filing 480 Proposed Voir Dire by Martin J Walsh. Certificate of Service (GOSFIELD, ALEXANDER)
January 27, 2023 Filing 479 TRIAL BRIEF Plaintiff Proposed Statement of Case by Martin J Walsh. Certificate of Service (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
January 27, 2023 Filing 478 Proposed Jury Interrogatories by Martin J Walsh. certificate of service (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
January 27, 2023 Filing 477 TRIAL BRIEF by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
January 27, 2023 Filing 476 Proposed Jury Interrogatories by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
January 27, 2023 Filing 475 Proposed Voir Dire by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
January 25, 2023 Opinion or Order Filing 474 ORDER granting #438 MOTION TO COMPEL. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/24/2023.1/25/2023 ENTERED AND COPIES E-MAILED.(sfl)
January 20, 2023 Opinion or Order Filing 473 ORDER RE: THE PARTIES SHALL EXCHANGE THEIR RULE 1006 SUMMARY EXHIBITS ON OR BEFORE JANUARY 27, 2023. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/20/2023. 1/20/2023 ENTERED AND COPIES E-MAILED.(sfl)
January 20, 2023 Filing 472 NOTICE of Hearing: JURY SELECTION SET FOR 3/10/2023 09:30 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER. JURY TRIAL SET FOR 3/10/2023 09:30 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.(sfl)
December 23, 2022 Filing 471 NOTICE by Martin J Walsh Deposition Designation - Randy Strauss (Attachments: #1 Transcript - Randy Strauss)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 470 NOTICE by Martin J Walsh Deposition Designation - Alison Snyder non-30(b)(6) (Attachments: #1 Transcript - Alison Snyder non-30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 469 NOTICE by Martin J Walsh Deposition Designation - Alison Snyder 30(b)(6) (Attachments: #1 Transcript - Alison Snyder 30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 468 NOTICE by Martin J Walsh Deposition Designation - Victor Rodriguez (Attachments: #1 Transcript - Victor Rodriguez)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 467 NOTICE by Martin J Walsh Deposition Designation - Christopher Pruitt (Attachments: #1 Transcript - Christopher Pruitt)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 466 NOTICE by Martin J Walsh Deposition Designation - Lawrence Miksiewicz (Attachments: #1 Transcript - Lawrence Miksiewicz)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 465 NOTICE by Martin J Walsh Deposition Designation - Shawn Mickonis (Attachments: #1 Transcript - Shawn Mickonis)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 464 NOTICE by Martin J Walsh Deposition Designation - Troy Mengel (Attachments: #1 Transcript - Troy Mengel)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 463 NOTICE by Martin J Walsh Deposition Designation - Richard Leiby (Attachments: #1 Transcript - Richard Leiby)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 462 NOTICE by Martin J Walsh Deposition Designation - Patricia Kuhns 30(b)(6) (Attachments: #1 Transcript - Patricia Kuhns 30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 461 NOTICE by Martin J Walsh Deposition Designation - Patricia Kuhns non-30(b)(6) (Attachments: #1 Transcript - Patricia Kuhns non-30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 460 NOTICE by Martin J Walsh Deposition Designation - Scott Hole (Attachments: #1 Transcript - Scott Hole)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 459 NOTICE by Martin J Walsh Deposition Designation - Scott Hauser (Attachments: #1 Transcript - Scott Hauser)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 458 NOTICE by Martin J Walsh Deposition Designation - Robert Harrop (Attachments: #1 Transcript - Robert Harrop)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 457 NOTICE by Martin J Walsh Deposition Designation - Troy Greiss non-30(b)(6) (Attachments: #1 Transcript - Troy Greiss non-30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 456 NOTICE by Martin J Walsh Deposition Designation - Troy Greiss 30(b)(6) (Attachments: #1 Transcript - Troy Greiss 30(b)(6))(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 455 NOTICE by Martin J Walsh Deposition Designation - James Bricker (Attachments: #1 Transcript - James Bricker)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 454 NOTICE by Martin J Walsh Deposition Designation - Francis Bachman (Attachments: #1 Transcript - Francis Bachman)(GOSFIELD, ALEXANDER)
December 23, 2022 Filing 453 Proposed Jury Instructions by Martin J Walsh. certificate of service (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
December 23, 2022 Filing 452 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. East Penn's Deposition Designations, Plaintiff's Objections and Counter-Designations, and East Penn's Objections to Counter-Designations (MUELLER, MICHAEL)
December 23, 2022 Filing 451 Proposed Jury Instructions by EAST PENN MANUFACTURING COMPANY, INC.. Certificate of Service (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MUELLER, MICHAEL)
December 19, 2022 Filing 450 RESPONSE in Support re #438 Emergency MOTION to Compel Plaintiff to Produce Declarations and Unredacted Investigatory Statements for Plaintiff's Trial Witnesses filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
December 16, 2022 Filing 449 RESPONSE in Opposition re #438 Emergency MOTION to Compel Plaintiff to Produce Declarations and Unredacted Investigatory Statements for Plaintiff's Trial Witnesses filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
December 15, 2022 Filing 448 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Status Conference held on 11/30/22. Court Reporter: KATHLEEN FELDMAN. (JL)
December 14, 2022 Opinion or Order Filing 447 ORDER granting #415 Motion TO RESTRICT TO REBUTTAL THE SECRETARY'S USE OF NEW WITNESS TESTIMONY OR EXHIBITS ; granting #440 MOTION FOR LEAVE TO FILE AMENDED TRIAL PLAN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/14/2022.12/14/2022 ENTERED AND COPIES E-MAILED.(sfl)
December 13, 2022 Opinion or Order Filing 446 ORDER RE: PARTIES SHALL SUBMIT TO CHAMBERS FIVE QUESTIONS EACH PARTY WOULD SUGGEST FOR INCLUSION IN A QUESTIONNAIRE FOR POETENTIAL JURORS FOR THE COURT'S CONSIDERATION. SUCH SUBMISSIONS SHOULD BE MADE ON OR BEFORE 12/23/2022. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/12/2022. 12/13/2022 ENTERED AND COPIES E-MAILED.(sfl)
December 13, 2022 Filing 445 FOURTH AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 2/14/2023 03:00 PM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER. JURY SELECTION SET FOR 3/8/2023 09:30 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER. TRIAL DATE SET FOR 3/8/2023 09:30 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/12/2022. 12/13/2022 ENTERED AND COPIES E-MAILED.(sfl)
December 13, 2022 Filing 444 REPLY to Response to Motion re #440 MOTION for Leave to File Amended Trial Plan filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A)(MUELLER, MICHAEL)
December 9, 2022 Filing 443 REPLY to Response to Motion re #440 MOTION for Leave to File Amended Trial Plan filed by Martin J Walsh. (GOSFIELD, ALEXANDER)
December 9, 2022 Opinion or Order Filing 442 ORDER THAT EAST PENN MANUFACTURING COMPANY, INC.S EMERGENCY MOTION TO COMPEL PLAINTIFF TO PRODUCE DECLARATIONS AND UNREDACTED INVESTIGATORY STATEMENTS FROM PLAINTIFFS TRIAL WITNESSES (DOC. NO. 438), IT IS ORDERED THAT THE SECRETARY SHALL FILE A RESPONSE TO THE MOTION ON OR BEFORE DECEMBER 16, 2022. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/9/22. 12/9/22 ENTERED AND COPIES E-MAILED.(bw)
December 8, 2022 Filing 441 RESPONSE to Motion re #440 MOTION for Leave to File Amended Trial Plan and to Avoid a Mini-Trial of the AAPP Plant filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(MUELLER, MICHAEL)
December 7, 2022 Filing 440 MOTION for Leave to File Amended Trial Plan filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Text of Proposed Order, #4 Certificate of Service)(GOSFIELD, ALEXANDER)
December 5, 2022 Filing 439 REPLY to Response to Motion re #429 MOTION in Limine to Preclude Evidence and Argument that Liability is Undecided filed by Martin J Walsh. (GOSFIELD, ALEXANDER)
December 5, 2022 Filing 438 Emergency MOTION to Compel Plaintiff to Produce Declarations and Unredacted Investigatory Statements for Plaintiff's Trial Witnesses filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit A, #3 Text of Proposed Order)(MUELLER, MICHAEL)
December 2, 2022 Opinion or Order Filing 437 ORDER denying #420 MOTION FOR RECONSIDERATION RE #420 MOTION for Reconsideration re #407 Order (Memorandum and/or Opinion), #406 Memorandum and/or Opinion filed by Martin J Walsh, #434 MOTION to Strike #432 Reply to Response to Motion, filed by EAST PENN MANUFACTURING COMPANY, INC. ; granting in part and denying in part #434 MOTION TO STRIKE #420 MOTION for Reconsideration re #407 Order (Memorandum and/or Opinion), #406 Memorandum and/or Opinion , #434 MOTION to Strike #432 Reply to Response to Motion, . SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/2/2022.12/2/2022 ENTERED AND COPIES MAILED AND E-MAILED.(sfl)
November 30, 2022 Opinion or Order Filing 436 ORDER RE: MOTION TO BIFURCATE TRIAL #313 IS DENIED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/30/2022. 11/30/2022 ENTERED AND COPIES E-MAILED.(sfl)
November 30, 2022 Filing 435 MEMORANDUM AND/OR OPINION RE: MOTION TO BIFURCATE TRIAL IS DENIED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/30/2022. 11/30/2022 ENTERED AND COPIES E-MAILED.(sfl)
November 29, 2022 Filing 434 MOTION to Strike #432 Reply to Response to Motion, filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
November 28, 2022 Filing 433 RESPONSE in Opposition re #429 MOTION in Limine to Preclude Evidence and Argument that Liability is Undecided filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
November 28, 2022 Filing 432 REPLY to Response to Motion re #420 MOTION for Reconsideration re #407 Order (Memorandum and/or Opinion), #406 Memorandum and/or Opinion filed by Martin J Walsh. (Attachments: #1 Exhibit A, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
November 28, 2022 Filing 431 RESPONSE in Opposition re #428 MOTION in Limine to Exclude Evidence or Argument Concerning Five Minute Grace Period filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
November 23, 2022 Filing 430 REPLY to Response to Motion re #405 MOTION in Limine EXCLUDE ANY VIDEOS, SCREENSHOTS, TESTIMONY, EVIDENCE, OR ARGUMENT RELATING TO EAST PENNS EMPLOYEES BEING UNDRESSED DURING DR. RADWINS TIME STUDY filed by Martin J Walsh. (KUSCHEL, ELIZABETH)
November 22, 2022 Filing 429 MOTION in Limine to Preclude Evidence and Argument that Liability is Undecided filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(GOSFIELD, ALEXANDER)
November 22, 2022 Filing 428 MOTION in Limine to Exclude Evidence or Argument Concerning Five Minute Grace Period filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(GOSFIELD, ALEXANDER)
November 21, 2022 Filing 427 RESPONSE in Opposition re #420 MOTION for Reconsideration re #407 Order (Memorandum and/or Opinion), #406 Memorandum and/or Opinion filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(MUELLER, MICHAEL)
November 21, 2022 Filing 426 REPLY to Response to Motion re #415 MOTION to Restrict to Rebuttal the Secretary's Use of New Witness Testimony or Exhibits Identified in His Amended Trial Plan That Are Not Already Included in East Penns Trial Disclosures filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
November 18, 2022 Filing 425 NOTICE by Martin J Walsh of Filing of Unredacted Trial Plan (Attachments: #1 Certificate of Service, #2 Secretary's First Amended Trial Plan - Unredacted)(GOSFIELD, ALEXANDER)
November 17, 2022 Filing 424 NOTICE of Hearing: STATUS CONFERENCE SET FOR 11/30/2022 at 2:00 PM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.(sfl)
November 16, 2022 Filing 423 REPLY to Response to Motion re #416 MOTION in Limine to Exclude Expert Reports and Prior Testimony from Other Cases and Prior Unrelated Publications filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(GOSFIELD, ALEXANDER)
November 16, 2022 Filing 422 RESPONSE in Opposition re #405 MOTION in Limine EXCLUDE ANY VIDEOS, SCREENSHOTS, TESTIMONY, EVIDENCE, OR ARGUMENT RELATING TO EAST PENNS EMPLOYEES BEING UNDRESSED DURING DR. RADWINS TIME STUDY filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
November 14, 2022 Filing 421 RESPONSE in Opposition re #415 MOTION to Restrict to Rebuttal the Secretary's Use of New Witness Testimony or Exhibits Identified in His Amended Trial Plan That Are Not Already Included in East Penns Trial Disclosures filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GOSFIELD, ALEXANDER)
November 14, 2022 Filing 420 MOTION for Reconsideration re #407 Order (Memorandum and/or Opinion), #406 Memorandum and/or Opinion filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
November 9, 2022 Filing 419 RESPONSE in Opposition re #416 MOTION in Limine to Exclude Expert Reports and Prior Testimony from Other Cases and Prior Unrelated Publications filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
November 8, 2022 Filing 418 REPLY to Response to Motion re #410 MOTION in Limine TO EXCLUDE THE LEGAL CONCLUSIONS OF EMPLOYEES WHO BELIEVED THEY WERE PROPERLY AND FULLY COMPENSATED filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(GOSFIELD, ALEXANDER)
November 8, 2022 Opinion or Order Filing 417 ORDER RE: A RESPONSE TO THE MOTION #415 ON OR BEFORE 11/14/2022. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/8/2022. 11/8/2022 ENTERED AND COPIES E-MAILED.(sfl)
November 4, 2022 Filing 416 MOTION in Limine to Exclude Expert Reports and Prior Testimony from Other Cases and Prior Unrelated Publications filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(GOSFIELD, ALEXANDER)
November 4, 2022 Filing 415 MOTION to Restrict to Rebuttal the Secretary's Use of New Witness Testimony or Exhibits Identified in His Amended Trial Plan That Are Not Already Included in East Penns Trial Disclosures filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
November 4, 2022 Filing 414 REPLY to Response to Motion re #409 Second MOTION in Limine to Exclude Evidence of Guidance Upon Which East Penn Did Not Rely filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
November 2, 2022 Filing 413 NOTICE by Martin J Walsh re #320 Pretrial Memorandum of Amendment to Trial Plan (Attachments: #1 Certificate of Service, #2 Secretary's First Amended Trial Plan)(GOSFIELD, ALEXANDER)
November 1, 2022 Filing 412 RESPONSE in Opposition re #410 MOTION in Limine TO EXCLUDE THE LEGAL CONCLUSIONS OF EMPLOYEES WHO BELIEVED THEY WERE PROPERLY AND FULLY COMPENSATED filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
October 31, 2022 Filing 411 RESPONSE in Opposition re #409 Second MOTION in Limine to Exclude Evidence of Guidance Upon Which East Penn Did Not Rely filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
October 31, 2022 Filing 410 MOTION in Limine TO EXCLUDE THE LEGAL CONCLUSIONS OF EMPLOYEES WHO BELIEVED THEY WERE PROPERLY AND FULLY COMPENSATED filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
October 28, 2022 Filing 409 Second MOTION in Limine to Exclude Evidence of Guidance Upon Which East Penn Did Not Rely filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(GOSFIELD, ALEXANDER)
October 28, 2022 Filing 408 THIRD AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 2/14/2023 03:00 PM IN Judge's Chambers BEFORE HONORABLE GENE E.K. PRATTER. TRIAL DATE SET FOR 2/27/2023 09:30 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/28/2022. 10/28/2022 ENTERED AND COPIES E-MAILED.(sfl)
October 28, 2022 Opinion or Order Filing 407 ORDER RE: MOTION TO EXCLUDE WITNESSES #322 AND MOTION TO COMPEL #404 . SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/28/2022. 10/28/2022 ENTERED AND COPIES E-MAILED.(sfl)
October 28, 2022 Filing 406 MEMORANDUM AND/OR OPINION RE: MOTION TO EXCLUDE WITNESSES #322 AND MOTION TO COMPEL #404 . SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/28/2022. 10/28/2022 ENTERED AND COPIES E-MAILED.(sfl)
October 27, 2022 Filing 405 MOTION in Limine EXCLUDE ANY VIDEOS, SCREENSHOTS, TESTIMONY, EVIDENCE, OR ARGUMENT RELATING TO EAST PENNS EMPLOYEES BEING UNDRESSED DURING DR. RADWINS TIME STUDY filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
October 26, 2022 Filing 404 MOTION to Compel the Secretary to Disclose the Identity of the Secret Witnesses on His Witness List by a Date Certain in November and for a Trial Date filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
October 26, 2022 Filing 403 NOTICE of Withdrawal of Appearance by KELLY R. OELTJENBRUNS on behalf of EAST PENN MANUFACTURING COMPANY, INC.(OELTJENBRUNS, KELLY)
October 19, 2022 Filing 402 RESPONSE in Opposition re #400 MOTION in Limine TO PRECLUDE EAST PENN FROM ATTACKING THE QUALITY AND SCOPE OF THE INVESTIGATION filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
October 18, 2022 Filing 401 RESPONSE in Support re #398 MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF ALLEGED SHORT PAUSES OF 20 MINUTES OR LESS filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
October 17, 2022 Filing 400 MOTION in Limine TO PRECLUDE EAST PENN FROM ATTACKING THE QUALITY AND SCOPE OF THE INVESTIGATION filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
October 11, 2022 Filing 399 RESPONSE in Opposition re #398 MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF ALLEGED SHORT PAUSES OF 20 MINUTES OR LESS filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(MUELLER, MICHAEL)
October 7, 2022 Filing 398 MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF ALLEGED SHORT PAUSES OF 20 MINUTES OR LESS filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
October 4, 2022 Opinion or Order Filing 397 ORDER THAT THE MOTION FOR PRO HAC VICE #384 FOR BRIANNE REESE TO PRACTICE IN THIS COURT IS GRANTED; AS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/4/22.10/4/22 ENTERED AND COPIES E-MAILED.(bw)
October 4, 2022 Opinion or Order Filing 396 ORDER THAT THE MOTION FOR PRO HAC VICE #383 FOR PERIE REIKO KOYAMA TO PRACTICE IN THIS COURT IS GRANTED; AS OUTLINED HEREIN.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/4/22.10/4/22 ENTERED AND COPIES E-MAILED.(bw)
October 3, 2022 Filing 395 REPLY to Response to Motion re #355 MOTION in Limine to Preclude Evidence or References to Previous Events in This Litigation , Surreply in Opposition to Motion filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(GOSFIELD, ALEXANDER)
October 3, 2022 Filing 394 REPLY to Response to Motion re #358 MOTION in Limine Preclude References to the Negative Health Effects of Lead or Other Chemicals, or Injuries Due to Any Workplace Conditions , Surreply in Opposition to Motion filed by Martin J Walsh. (Attachments: #1 Exhibit A, #2 Certificate of Service)(GOSFIELD, ALEXANDER)
October 3, 2022 Filing 393 REPLY to Response to Motion re #354 MOTION in Limine to Preclude Plaintiff from Offering Evidence of and References to Unpaid Productive Time or "Other" Unpaid Compensable Work (Surreply) filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
October 3, 2022 Filing 392 REPLY to Response to Motion re #361 MOTION in Limine to Preclude Evidence of the Financial Situations of East Penn or Its Employees filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 30, 2022 Filing 391 RESPONSE in Opposition re #386 Cross MOTION in Limine to Exclude Evidence of Defendant's "Good" Character or Inability to Pay filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(MUELLER, MICHAEL)
September 30, 2022 Filing 390 REPLY to Response to Motion re #356 MOTION in Limine to Preclude Certain Evidence Relating to Communications with OSHA and OSHA Investigations About Safety Issues filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
September 29, 2022 Filing 389 REPLY to Response to Motion re #353 MOTION in Limine to Exclude Certain Exhibits as Inadmissible Hearsay , Surreply in Opposition filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(GOSFIELD, ALEXANDER)
September 29, 2022 Filing 388 RESPONSE in Opposition re #380 Cross MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF AN INDUSTRY STANDARD TO BREAK THE LAW filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
September 29, 2022 Filing 387 REPLY to Response to Motion re #360 MOTION in Limine to Preclude References to Competitors' Practices and Industry Standards or, in the Alternative, to Reopen Discovery from Plaintiff filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 28, 2022 Filing 386 Cross MOTION in Limine to Exclude Evidence of Defendant's "Good" Character or Inability to Pay filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(GOSFIELD, ALEXANDER)
September 28, 2022 Filing 385 RESPONSE in Opposition re #361 MOTION in Limine to Preclude Evidence of the Financial Situations of East Penn or Its Employees filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GOSFIELD, ALEXANDER)
September 28, 2022 Filing 384 MOTION for Pro Hac Vice for BRIANNE REESE ( Filing fee $ 40 receipt number APAEDC-16206394.) filed by EAST PENN MANUFACTURING COMPANY, INC..DECLARATION OF BRIANNE REESE; CERTIFICATE OF SERVICE.(HUYETT, DANIEL)
September 28, 2022 Filing 383 MOTION for Pro Hac Vice for PERIE REIKO KOYAMA ( Filing fee $ 40 receipt number APAEDC-16206372.) filed by EAST PENN MANUFACTURING COMPANY, INC..DECLARATION OF PERIE REIKO KOYAMA; CERTIFICATE OF SERVICE.(HUYETT, DANIEL)
September 28, 2022 Filing 382 RESPONSE in Opposition re #374 MOTION in Limine to Preclude the De Minimis Defense filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(MUELLER, MICHAEL)
September 28, 2022 Filing 381 NOTICE of Withdrawal of Appearance by GARY D. MELCHIONNI on behalf of EAST PENN MANUFACTURING COMPANY, INC.(MELCHIONNI, GARY)
September 28, 2022 Filing 380 Cross MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF AN INDUSTRY STANDARD TO BREAK THE LAW filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
September 28, 2022 Filing 379 RESPONSE in Opposition re #360 MOTION in Limine to Preclude References to Competitors' Practices and Industry Standards or, in the Alternative, to Reopen Discovery from Plaintiff filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
September 26, 2022 Filing 378 RESPONSE in Opposition re #364 Cross MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF OSHAS INVOLVEMENT AND FMLA INVESTIGATIONS filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 26, 2022 Filing 377 REPLY to Response to Motion re #355 MOTION in Limine to Preclude Evidence or References to Previous Events in This Litigation filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 26, 2022 Filing 376 REPLY to Response to Motion re #358 MOTION in Limine Preclude References to the Negative Health Effects of Lead or Other Chemicals, or Injuries Due to Any Workplace Conditions filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 26, 2022 Filing 375 REPLY to Response to Motion re #354 MOTION in Limine to Preclude Plaintiff from Offering Evidence of and References to Unpaid Productive Time or "Other" Unpaid Compensable Work filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 23, 2022 Filing 374 MOTION in Limine to Preclude the De Minimis Defense filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A, #4 Certificate of Service)(KUSCHEL, ELIZABETH)
September 23, 2022 Filing 373 REPLY to Response to Motion re #359 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Characterizations of East Penn's Pay Practices filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 23, 2022 Filing 372 REPLY to Response to Motion re #357 MOTION in Limine to Preclude the Original Complainant's Statements of Opinion as to East Penn's Motives and Personal Experiences filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 23, 2022 Filing 371 REPLY to Response to Motion re #356 MOTION in Limine to Preclude Certain Evidence Relating to Communications with OSHA and OSHA Investigations About Safety Issues filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
September 22, 2022 Filing 370 RESPONSE in Opposition re #358 MOTION in Limine Preclude References to the Negative Health Effects of Lead or Other Chemicals, or Injuries Due to Any Workplace Conditions filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GOSFIELD, ALEXANDER)
September 22, 2022 Filing 369 REPLY to Response to Motion re #353 MOTION in Limine to Exclude Certain Exhibits as Inadmissible Hearsay filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A)(MUELLER, MICHAEL)
September 22, 2022 Filing 368 RESPONSE in Opposition re #359 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Characterizations of East Penn's Pay Practices filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
September 21, 2022 Filing 367 RESPONSE in Opposition re #357 MOTION in Limine to Preclude the Original Complainant's Statements of Opinion as to East Penn's Motives and Personal Experiences filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order)(KUSCHEL, ELIZABETH)
September 20, 2022 Filing 366 RESPONSE in Opposition re #354 MOTION in Limine to Preclude Plaintiff from Offering Evidence of and References to Unpaid Productive Time or "Other" Unpaid Compensable Work filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Exhibit A and B, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
September 20, 2022 Filing 365 RESPONSE in Opposition re #356 MOTION in Limine to Preclude Certain Evidence Relating to Communications with OSHA and OSHA Investigations About Safety Issues filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
September 20, 2022 Filing 364 Cross MOTION in Limine TO PRECLUDE EVIDENCE AND ARGUMENT OF OSHAS INVOLVEMENT AND FMLA INVESTIGATIONS filed by Martin J Walsh.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
September 20, 2022 Filing 363 RESPONSE in Opposition re #355 MOTION in Limine to Preclude Evidence or References to Previous Events in This Litigation filed by Martin J Walsh. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(KUSCHEL, ELIZABETH)
September 19, 2022 Filing 362 RESPONSE in Opposition re #353 MOTION in Limine to Exclude Certain Exhibits as Inadmissible Hearsay filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit PX 5, #5 Exhibit PX 14, #6 Exhibit PX 15, #7 Exhibit PX 17, #8 Exhibit PX 18, #9 Exhibit PX 19, #10 Exhibit PX 20, #11 Exhibit PX 21, #12 Exhibit PX 22, #13 Exhibit PX 23, #14 Exhibit PX 24, #15 Exhibit PX 25, #16 Exhibit PX 26, #17 Exhibit PX 27, #18 Exhibit PX 28, #19 Exhibit PX 29, #20 Exhibit PX 30, #21 Exhibit PX 31, #22 Exhibit PX 32, #23 Exhibit PX 33, #24 Exhibit PX 34, #25 Exhibit PX 35, #26 Exhibit PX 37, #27 Exhibit PX 38, #28 Exhibit PX 39, #29 Exhibit PX 40, #30 Exhibit PX 41, #31 Exhibit PX 44, #32 Exhibit PX 46, #33 Exhibit PX 47, #34 Exhibit PX 48, #35 Exhibit PX 58, #36 Exhibit PX 68, #37 Exhibit PX 70, #38 Exhibit PX 72, #39 Exhibit PX 73, #40 Exhibit PX 74, #41 Exhibit PX 76, #42 Certificate of Service)(KUSCHEL, ELIZABETH) (Attachment 20 replaced on 9/20/2022, per chambers) (md). (Attachment 25 replaced on 9/20/2022, per chambers) (md). Modified on 9/20/2022 (md).
September 7, 2022 Filing 361 MOTION in Limine to Preclude Evidence of the Financial Situations of East Penn or Its Employees filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
September 7, 2022 Filing 360 MOTION in Limine to Preclude References to Competitors' Practices and Industry Standards or, in the Alternative, to Reopen Discovery from Plaintiff filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 PX-24, #3 PX-25, #4 PX-44, #5 Text of Proposed Order)(MUELLER, MICHAEL)
September 1, 2022 Filing 359 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Characterizations of East Penn's Pay Practices filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Exhibit, #2 Text of Proposed Order)(MUELLER, MICHAEL)
September 1, 2022 Filing 358 MOTION in Limine Preclude References to the Negative Health Effects of Lead or Other Chemicals, or Injuries Due to Any Workplace Conditions filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
August 31, 2022 Filing 357 MOTION in Limine to Preclude the Original Complainant's Statements of Opinion as to East Penn's Motives and Personal Experiences filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 DX-78, #3 DX-79, #4 Text of Proposed Order)(MUELLER, MICHAEL)
August 30, 2022 Filing 356 MOTION in Limine to Preclude Certain Evidence Relating to Communications with OSHA and OSHA Investigations About Safety Issues filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 PX-40, #3 PX-47, #4 PX-48, #5 Text of Proposed Order)(MUELLER, MICHAEL)
August 30, 2022 Filing 355 MOTION in Limine to Preclude Evidence or References to Previous Events in This Litigation filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
August 30, 2022 Filing 354 MOTION in Limine to Preclude Plaintiff from Offering Evidence of and References to Unpaid Productive Time or "Other" Unpaid Compensable Work filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 PX-35, #3 PX-68, #4 PX-69, #5 PX-70, #6 PX-71, #7 PX-72, #8 PX-73, #9 PX-74, #10 PX-75, #11 PX-76, #12 Text of Proposed Order)(MUELLER, MICHAEL)
August 29, 2022 Filing 353 MOTION in Limine to Exclude Certain Exhibits as Inadmissible Hearsay filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
August 17, 2022 Filing 352 REPLY to Response to Motion re #348 MOTION in Limine to Preclude the Secretary From Using Evidence Related to Gary Melchionni's Legal Advice in His Case-in-Chief filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
August 12, 2022 Filing 351 RESPONSE in Opposition re #348 MOTION in Limine to Preclude the Secretary From Using Evidence Related to Gary Melchionni's Legal Advice in His Case-in-Chief filed by Martin J Walsh. (Attachments: #1 Exhibit A-B, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
August 9, 2022 Opinion or Order Filing 350 ORDER RE: THE PARTIES SHALL HAVE 21 DAYS TO RESPOND TO MOTIONS IN LIMINE. THE SECRETARY SHALL FILE A RESPONSE TO DEFENDANT EAST PENNS MOTION IN LIMINE TO PRECLUDE THE SECRETARY FROM USING EVIDENCE RELATED TO GARY MELCHIONNIS LEGAL ADVICE IN HIS CASE-IN-CHIEF (DOC. NO. 348) WITHIN 21 DAYS OF THE DATE THE MOTION WAS FILED.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/9/2022. 8/9/2022 ENTERED AND COPIES E-MAILED.(sfl) (Main Document 350 replaced on 8/9/2022) (sfl). (Main Document 350 replaced on 8/9/2022) (sfl). (Main Document 350 replaced on 8/9/2022) (sfl).
August 4, 2022 Filing 349 MOTION for Extension of Time to File Response/Reply as to #348 MOTION in Limine to Preclude the Secretary From Using Evidence Related to Gary Melchionni's Legal Advice in His Case-in-Chief , Motion for Extension of Time Unopposed, filed by Martin J Walsh.Certificate of Service. (Attachments: #1 Text of Proposed Order)(GOSFIELD, ALEXANDER)
July 22, 2022 Filing 348 MOTION in Limine to Preclude the Secretary From Using Evidence Related to Gary Melchionni's Legal Advice in His Case-in-Chief filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
July 21, 2022 Filing 347 NOTICE by Martin J Walsh re #346 Notice (Other), #343 Notice (Other), #342 Notice (Other) Surreply in Opposition to East Penn's Submission Regarding Trial Evidence Related to Willfulness (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
July 14, 2022 Filing 346 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. re #342 Notice (Other) Reply in Support of Submission Regarding Trial Evidence Related to Willfulness (MUELLER, MICHAEL)
July 12, 2022 Filing 345 Notice of Filing of Official Transcript with Certificate of Service re #344 Transcript - PDF, 7/12/22 Entered and Copies Emailed.. (bw)
July 12, 2022 Filing 344 TRANSCRIPT of STATUS HEARING held on 6/23/22, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022. (bw)
July 8, 2022 Filing 343 NOTICE by Martin J Walsh re #342 Notice (Other) Response in Opposition to East Penn's Submission Regarding Trial Evidence Related to Willfulness (GOSFIELD, ALEXANDER)
July 1, 2022 Filing 342 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. Submission Regarding Trial Evidence Related to the State-of-Mind Issue of Willfulness Under the FLSA (Attachments: #1 Exhibit A)(MUELLER, MICHAEL)
June 30, 2022 Opinion or Order Filing 341 ORDER granting #340 MOTION TO WITHDRAW AS ATTORNEY ATTORNEY ETHAN M. DENNIS TERMINATED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/30/2022.6/30/2022 ENTERED AND COPIES E-MAILED.(sfl)
June 28, 2022 Filing 340 MOTION to Withdraw as Attorney Ethan Dennis-UNOPPOSED filed by Martin J Walsh.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
June 27, 2022 Filing 339 REPLY to Response to Motion re #331 MOTION in Limine to Exclude Temporary Employees From Trial filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(MUELLER, MICHAEL)
June 23, 2022 Filing 338 RESPONSE in Opposition re #331 MOTION in Limine to Exclude Temporary Employees From Trial filed by Martin J Walsh. (Attachments: #1 Text of Proposed Order)(GOSFIELD, ALEXANDER)
June 23, 2022 Filing 337 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Status Conference held on 6/23/22. Court Reporter: KATHLEEN FELDMAN. (bw)
June 23, 2022 Filing 336 NOTICE of Withdrawal of Appearance by BERTHA M. ASTORGA on behalf of Martin J Walsh(ASTORGA, BERTHA)
June 21, 2022 Filing 335 NOTICE by Martin J Walsh re #334 Notice (Other), #329 Order,, (KUSCHEL, ELIZABETH)
June 14, 2022 Filing 334 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. re #329 Order,, East Penn's Response to the Court's June 8, 2022 Order re Similarities/Differences Among Plants (MUELLER, MICHAEL)
June 13, 2022 Opinion or Order Filing 333 ORDER granting #332 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY RE #332 MOTION for Extension of Time to File Response/Reply as to #329 Order,, Unopposed RESPONSES DUE BY 6/21/2022.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/13/2022.6/13/2022 ENTERED AND COPIES E-MAILED.(sfl)
June 13, 2022 Filing 332 MOTION for Extension of Time to File Response/Reply as to #329 Order,, Unopposed filed by Martin J Walsh.Certificate of Service. (Attachments: #1 Text of Proposed Order)(GOSFIELD, ALEXANDER)
June 9, 2022 Filing 331 MOTION in Limine to Exclude Temporary Employees From Trial filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
June 9, 2022 Filing 330 REPLY to Response to Motion re #324 MOTION to Amend/Correct #1 Complaint, Schedule A Thereto filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
June 8, 2022 Opinion or Order Filing 329 ORDER RE: EAST PENN IS ORDERED TO SUBMIT A CONCISE EXPLANATION OF THE MATERIAL SIMILARITIES AND DIFFERENCES BETWEEN THE 22 PLANTS AT ISSUE IN THIS CASE. THE EXPLANATION SHOULD BE NO MORE THAN 5 PAGES AND MUST BE SUBMITTED BY 5 P.M. ON JUNE 14, 2022; IF THE SECRETARY OBJECTS TO EAST PENNS CHARACTERIZATION OF THE MATERIAL SIMILARITIES AND DIFFERENCES, HE MAY SUBMIT A RESPONSE OF NO MORE THAN 5 PAGES BY 5 P.M. ON JUNE 20, 2022: AND BOTH SIDES MUST SUPPORT THEIR POSITIONS BY CITING TO PARTICULAR PAGES IN THE RECORD.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/8/2022. 6/8/2022 ENTERED AND COPIES E-MAILED.(sfl)
June 3, 2022 Filing 328 RESPONSE to Motion re #324 MOTION to Amend/Correct #1 Complaint, Schedule A Thereto and East Penn's Motion in Limine to Exclude at Trial Evidence and Back Wage Calculations Relating to 32 Individuals Who Are Not Eligible to Participate in This Case filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Snyder Declaration, #2 Text of Proposed Order)(MUELLER, MICHAEL)
June 3, 2022 Filing 327 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. Proposed Trial Plan and Trial Deadlines and Response to the Secretary's Proposed Trial Plan (MUELLER, MICHAEL)
June 3, 2022 Filing 326 NOTICE by Martin J Walsh re #325 Notice of Hearing, #320 Pretrial Memorandum, #315 Response in Opposition to Motion (KUSCHEL, ELIZABETH)
May 23, 2022 Filing 325 NOTICE of Hearing: STATUS CONFERENCE SET FOR 6/23/2022 10:00 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.(sfl)
May 20, 2022 Filing 324 MOTION to Amend/Correct #1 Complaint, Schedule A Thereto filed by Martin J Walsh.Certificate of Service. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(GOSFIELD, ALEXANDER)
May 11, 2022 Filing 323 RESPONSE in Opposition re #322 MOTION to Exclude Witnesses Not Disclosed by Name on the Secretary's May 4 Trial Witness List filed by Martin J Walsh. (Attachments: #1 Exhibit 1 Declaration of WHI Callahan, #2 Exhibit 2 Declaration of WHI Torres-Solano)(LUBY, ANDREA)
May 5, 2022 Filing 322 MOTION to Exclude Witnesses Not Disclosed by Name on the Secretary's May 4 Trial Witness List filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
May 4, 2022 Filing 321 PRETRIAL MEMORANDUM by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A (Witness List), #2 Errata B (Exhibit List))(MUELLER, MICHAEL)
May 4, 2022 Filing 320 PRETRIAL MEMORANDUM by Martin J Walsh Certificate of Service. (Attachments: #1 Exhibit A)(GOSFIELD, ALEXANDER)
April 20, 2022 Opinion or Order Filing 319 ORDER RE: MOTION FOR SANCTIONS [288-3] IS DENIED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/20/22. 4/20/22 ENTERED AND COPIES E-MAILED.(sfl)
April 20, 2022 Filing 318 MEMORANDUM AND/OR OPINION RE: MOTION FOR SANCTIONS. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/20/22. 4/20/22 ENTERED AND COPIES E-MAILED.(sfl)
April 11, 2022 Opinion or Order Filing 317 ORDER RE: TRIAL PLAN. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/11/2022. 4/11/2022 ENTERED AND COPIES E-MAILED.(sfl)
April 7, 2022 Filing 316 RESPONSE in Opposition re #312 MOTION for Plaintiff to Submit a Trial Plan Explaining How He Intends to Prove Liability at 22 Disparate Facilities filed by Martin J Walsh. (Attachments: #1 Exhibit 1)(GOSFIELD, ALEXANDER)
April 7, 2022 Filing 315 RESPONSE in Opposition re #313 MOTION to Bifurcate Trial filed by Martin J Walsh. (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
March 29, 2022 Filing 314 NOTICE of Hearing: A STATUS CONFERENCE IS SET FOR 5/12/2022 AT 11:00 AM IN Courtroom 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl)
March 24, 2022 Filing 313 MOTION to Bifurcate Trial filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit A, #3 Text of Proposed Order)(MUELLER, MICHAEL)
March 24, 2022 Filing 312 MOTION for Plaintiff to Submit a Trial Plan Explaining How He Intends to Prove Liability at 22 Disparate Facilities filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
March 21, 2022 Filing 311 NOTICE of Withdrawal of Appearance by CHRISTOPHER H. RIDER on behalf of All Plaintiffs (RIDER, CHRISTOPHER)
March 17, 2022 Filing 310 NOTICE re: Cancellation of Hearing MOTION HEARING ON THE MOTION FOR SANCTIONS SET FOR 3/30/2022 IS CANCELLED(mlc)
March 3, 2022 Filing 309 Memorandum Sur-Reply to Plaintiff's Motion for Sanctions re #288 MOTION for Leave to File in Excess of Page Limit filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A - Second Paschal Declaration, #2 Exhibit B - Stipulation)(MUELLER, MICHAEL)
February 25, 2022 Filing 308 REPLY to Response to Motion re #300 MOTION for Leave to File in Excess of Page Limit for East Penn's Opposition to Plaintiff's Motion for Sanctions filed by Martin J Walsh. (Attachments: #1 Exhibit A-E, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
February 25, 2022 Filing 307 NOTICE of Hearing on Motion MOTION HEARING ON THE MOTION FOR SANCTIONS IS SET FOR 3/30/2022 AT 10:00 AM IN Courtroom 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl)
February 17, 2022 Opinion or Order Filing 306 ORDER granting #300 MOTION FOR LEAVE TO FILE; EAST PENN'S RESPONSE IN OPPOSITION TO THE MOTION FOR SANCTIONS (300-1) IS DEEMED FILED; granting #305 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY DUE FEBRUARY 25, 2022. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/16/2022.2/17/2022 ENTERED AND COPIES E-MAILED.(sfl) Modified on 2/17/2022 (sfl).
February 16, 2022 Filing 305 MOTION for Extension of Time to File Response/Reply as to #300 MOTION for Leave to File in Excess of Page Limit for East Penn's Opposition to Plaintiff's Motion for Sanctions UNOPPOSED, MOTION for Leave to File UNOPPOSED filed by Martin J Walsh.Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Service)(KUSCHEL, ELIZABETH)
February 14, 2022 Set/Reset Transcript Deadlines re #301 Transcript - PDF, #302 Transcript - PDF,,. Redacted Transcript Deadline set for 3/7/2022. Redaction Request due 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (lisad, )
February 14, 2022 Filing 304 Notice of Filing of Official Transcript with Certificate of Service re #302 Transcript - PDF,, Entered and Copies Emailed. (bw) Modified on 2/15/2022 (lisad, ).
February 14, 2022 Filing 303 Notice of Filing of Official Transcript with Certificate of Service re #301 Transcript - PDF, 2/14/22 Entered and Copies Emailed. (bw) Modified on 2/15/2022 (lisad, ).
February 14, 2022 Filing 302 TRANSCRIPT of DAUBERT-RELATED MOTIONS HEARING VIA TELECONFERENCE COMMENCING AT 2:00 P.M. held on 7/22/20, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redacted Transcript Deadline set for 3/7/2022. Redaction Request due 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (bw) Modified on 2/15/2022 (lisad, ). Modified on 2/15/2022 (bw).
February 14, 2022 Filing 301 TRANSCRIPT of MOTIONS HEARING held on 11/14/19, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redacted Transcript Deadline set for 3/7/2022. Redaction Request due 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (bw) Modified on 2/15/2022 (lisad, ). Modified on 2/15/2022 (bw).
February 10, 2022 Filing 300 MOTION for Leave to File in Excess of Page Limit for East Penn's Opposition to Plaintiff's Motion for Sanctions filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Exhibit 1 - Opposition to Plaintiff's Motion for Sanctions, #2 Opposition Ex. 1 - Mueller Declaration, #3 Mueller Decl. Ex. A - East Penn Production Log, #4 Mueller Decl. Ex. B - DOL Production Log, #5 Mueller Decl. Ex. C - Complete Transcript of 8-28-2019 Meet-and-Confer, #6 Opposition Ex. 2 - Paschal Declaration, #7 Opposition Ex. 3 - Quattrini Deposition Transcript)(MUELLER, MICHAEL)
January 12, 2022 Filing 299 NOTICE of Withdrawal of Appearance by PATRICK M. DALIN on behalf of Martin J Walsh(DALIN, PATRICK)
December 21, 2021 Opinion or Order Filing 298 ORDER finding as moot #290 Motion TO DEPOSE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 12/21/2021.12/21/2021 ENTERED AND COPIES E-MAILED.(sfl, )
December 21, 2021 Filing 297 Notice of Filing of Official Transcript with Certificate of Service re #296 Transcript - PDF,, 12/21/2021 Entered and Copies Emailed. (sg, )
December 20, 2021 Filing 296 TRANSCRIPT of MOTION HEARING held on 12/14/2021, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN, CSR, CRR, RPR, CM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/20/2022. (sg, )
December 14, 2021 Filing 295 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Status Conference held on 12/14/21. Court Reporter: KATHLEEN FELDMAN. (JL )
December 13, 2021 Filing 294 REPLY to Response to Motion re #290 MOTION to Depose Confidential Informant, Evidentiary Hearing, and Extension of Briefing Schedule filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Rule 26.1 Statement)(MUELLER, MICHAEL)
December 8, 2021 Filing 293 RESPONSE in Opposition re #290 MOTION to Depose Confidential Informant, Evidentiary Hearing, and Extension of Briefing Schedule filed by Martin J Walsh. (Attachments: #1 Exhibit A, #2 Certificate of Service)(KUSCHEL, ELIZABETH)
December 8, 2021 Filing 292 NOTICE of Appearance by ELIZABETH ASHLEY KUSCHEL on behalf of Martin J Walsh (Attachments: #1 Certificate of Service)(KUSCHEL, ELIZABETH)
December 3, 2021 Opinion or Order Filing 291 ORDER RE: THE COURT WILL HEAR ARGUMENT ON THE MOTION TO DEPOSE THE INFORMANT #290 ON DECEMBER 14, 2021. THE COURT WILL HOLD AN EVIDENTIARY HEARING ON THE MOTION FOR SANCTIONS [288-3] AT A LATER DATE. THE SECRETARY MUST FILE HIS OPPOSITION TO EAST PENN'S MOTION TO DEPOSE ON OR BEFORE DECEMBER 8, 2021. THE COURT REITERATES THAT THE SECRETARY MUST PROVIDE A FULLY UNREDACTED VERSION OF THE INFORMANT'S AFFIDAVIT FOR IN CAMERA USE BY DECEMBER 6, 2021. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 12/3/2021. 12/3/2021 ENTERED AND COPIES E-MAILED.(sfl, )
December 2, 2021 Filing 290 MOTION to Depose Confidential Informant, Evidentiary Hearing, and Extension of Briefing Schedule filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
December 2, 2021 Opinion or Order Filing 289 ORDER granting #288 MOTION FOR LEAVE TO FILE. THE SECRETARY'S MOTION FOR SANCTIONS [288-3] IS DEEMED FILED. THE SECRETARY MUST PROVIDE AN UNREDACTED VERSION OF THE MOTION FOR IN CAMERA USE BY DECEMBER 6, 2021. THE COURT WILL HEAR ARGUMENTS ON THE MOTION FOR SANCTIONS ON DECEMBER 14, 2021 AT 9:30 A.M. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 12/2/2021.12/2/2021 ENTERED AND COPIES E-MAILED.(sfl, )
December 1, 2021 Filing 288 MOTION for Leave to File in Excess of Page Limit filed by Martin J Walsh.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Memorandum in Support of Motion to Exceed Page Limit, #2 Text of Proposed Order, #3 Exhibit 1 - Motion for Sanctions, #4 Exhibit A - Confidential Witness Declaration, #5 Exhibit B - Declaration of Oscar Hampton, #6 Exhibit C through F, #7 Certificate of Service)(GOSFIELD, ALEXANDER)
November 23, 2021 Filing 287 NOTICE of Hearing: STATUS CONFERENCE IS SET FOR 12/14/2021 AT 10:00 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER.(sfl, )
November 22, 2021 Opinion or Order Filing 286 ORDER RE: MOTION IN LIMINE TO PRECLUDE AT TRIAL EVIDENCE RELATED TO EMPLOYEES THAT DO NOT WEAR UNIFORMS OR PPE #281 IS GRANTED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/22/2021. 11/22/2021 ENTERED AND COPIES E-MAILED.(sfl, )
November 22, 2021 Filing 285 MEMORANDUM AND/OR OPINION RE: MOTION IN LIMINE TO PRECLUDE AT TRIAL EVIDENCE RELATED TO EMPLOYEES THAT DO NOT WEAR UNIFORMS OR PPE #281 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/22/2021. 11/22/2021 ENTERED AND COPIES E-MAILED.(sfl, )
October 15, 2021 Filing 284 REPLY to Response to Motion re #281 MOTION in Limine to Preclude at Trial Evidence Related to Employees That Do Not Wear Uniforms or PPE filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
October 12, 2021 Filing 283 RESPONSE in Opposition re #281 MOTION in Limine to Preclude at Trial Evidence Related to Employees That Do Not Wear Uniforms or PPE filed by Martin J Walsh. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(GOSFIELD, ALEXANDER)
October 1, 2021 Filing 282 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Status Conference held on 9/27/21. (JL )
September 28, 2021 Filing 281 MOTION in Limine to Preclude at Trial Evidence Related to Employees That Do Not Wear Uniforms or PPE filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(MUELLER, MICHAEL)
September 16, 2021 Opinion or Order Filing 280 ORDER RE: MOTION FOR RECONSIDERATION IS DENIED #275 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/15/2021. 9/16/2021 ENTERED AND COPIES E-MAILED.(sfl, )
September 16, 2021 Filing 279 MEMORANDUM AND/OR OPINION RE: MOTION FOR RECONSIDERATION #275 IS DENIED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/15/2021. 9/16/2021 ENTERED AND COPIES E-MAILED.(sfl, )
September 13, 2021 Filing 278 REPLY to Response to Motion re #275 MOTION for Reconsideration for Limited Purpose of Addressing Clear Errors of Law and Fact filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A - Joint Proposed Jury Instructions)(MUELLER, MICHAEL)
September 9, 2021 Filing 277 RESPONSE in Opposition re #275 MOTION for Reconsideration for Limited Purpose of Addressing Clear Errors of Law and Fact filed by Martin J Walsh. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(GOSFIELD, ALEXANDER)
September 8, 2021 Filing 276 NOTICE of Hearing: STATUS CONFERENCE IS SET FOR 9/17/2021 AT 10:00 AM IN Courtroom 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
August 26, 2021 Filing 275 MOTION for Reconsideration for Limited Purpose of Addressing Clear Errors of Law and Fact filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
August 18, 2021 Opinion or Order Filing 274 ORDER RE: MOTIONS TO STRIKE AND MOTIONS FOR SUMMARY JUDGMENT. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 8/17/2021. 8/18/2021 ENTERED AND COPIES E-MAILED.(sfl, )
August 18, 2021 Filing 273 MEMORANDUM AND/OR OPINION RE: MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS TO STRIKE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 8/17/2021. 8/18/2021 ENTERED AND COPIES E-MAILED.(sfl, )
July 15, 2021 Filing 272 NOTICE by Martin J Walsh re #271 Notice (Other) Response to East Penn's Third Notice of Supplemental Authority (GOSFIELD, ALEXANDER)
July 2, 2021 Filing 271 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Supplemental Authority Regarding the Parties' Summary Judgment Briefing (Third) (Attachments: #1 Exhibit A, #2 Exhibit B)(MUELLER, MICHAEL)
June 22, 2021 Opinion or Order Filing 270 ORDER THAT THE MOTION FOR PRO HAC VICE OF KELLY OELTJENBRUNS IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/21/2021.6/22/2021 ENTERED AND COPIES E-MAILED.(sg, )
June 21, 2021 Opinion or Order Filing 269 ORDER RE: MS. OELTJENBRUNS SHALL HAVE UNTIL JUNE 23, 2021 TO REMIT THE $40 FILING FEE TO THE CLERK OF COURT OR THE COURT WILL DENY THE MOTION WITHOUT PREJUDICE FOR THE FAILURE TO PAY THE FILING FEE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/21/2021. 6/21/2021 ENTERED AND COPIES E-MAILED.(sfl, )
June 21, 2021 Filing Fee for PRO HAC VICE by EAST PENN MANUFACTURING COMPANY, INC.. (Filing Fee $40, receipt number 0313-15202689). (HUYETT, DANIEL)
June 18, 2021 Filing 268 MOTION for Pro Hac Vice Admission for Kelly Oeltjenbruns filed by EAST PENN MANUFACTURING COMPANY, INC..Certificate of Service; Declaration of Kelly Oeltjenbruns. (Attachments: #1 Text of Proposed Order)(HUYETT, DANIEL)
June 18, 2021 Filing 267 NOTICE of Withdrawal of Appearance by ANDREA R. CALEM on behalf of EAST PENN MANUFACTURING COMPANY, INC.(CALEM, ANDREA)
June 9, 2021 Opinion or Order Filing 266 ORDER RE: THE MOTION TO SANCTION #263 IS DENIED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/9/2021. 6/9/2021 ENTERED AND COPIES E-MAILED.(sfl, )
June 9, 2021 Filing 265 MEMORANDUM AND/OR OPINION RE: MOTION TO SANCTION #263 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/9/2021. 6/9/2021 ENTERED AND COPIES E-MAILED.(sfl, )
June 4, 2021 Filing 264 RESPONSE to Motion re #263 MOTION for Contempt filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
May 26, 2021 Filing 263 MOTION for Contempt filed by Martin J Walsh.Memorandum. (Attachments: #1 Memorandum in Support of Motion for Sanctions, #2 Exhibit A East Penn Letter to Employees, #3 Text of Proposed Order)(LUBY, ANDREA)
April 8, 2021 Filing 262 NOTICE of Appearance by ALEXANDER EDWARD GOSFIELD on behalf of EUGENE SCALIA with Certificate of Service(GOSFIELD, ALEXANDER)
April 8, 2021 Opinion or Order Filing 261 ORDER RE: MOTION TO COMPEL #252 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/6/2021. 4/8/2021 ENTERED AND COPIES E-MAILED.(sfl, )
April 8, 2021 Filing 260 MEMORANDUM AND/OR OPINION RE: MOTION TO COMPEL #252 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/6/2021. 4/8/2021 ENTERED AND COPIES E-MAILED.(sfl, )
March 23, 2021 Filing 259 REPLY to Response to Motion re #252 MOTION to Compel Defendant to Timely Supplement Employee Contact Information filed by EUGENE SCALIA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(DALIN, PATRICK)
March 19, 2021 Filing 258 Notice of Filing of Official Transcript with Certificate of Service re #257 Transcript - PDF, 3/19/21 Entered and Emailed. (JL )
March 19, 2021 Filing 257 TRANSCRIPT of HEARING ON MOTIONS FOR SUMMARY JUDGMENT held on 10/8/20, before Judge PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/9/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/17/2021. (JL )
March 16, 2021 Filing 256 RESPONSE to Motion re #252 MOTION to Compel Defendant to Timely Supplement Employee Contact Information filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Declaration of Michael J. Mueller)(MUELLER, MICHAEL)
March 11, 2021 Filing 255 REPLY to Response to Motion re #251 MOTION to Strike the Secretary's Notice of Filing Second Revised Schedule A filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
March 11, 2021 Filing 254 REPLY to Response to Motion re #231 MOTION to Strike #223 Notice (Other),, Defendant's Notice of Supplemental Authority filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
March 5, 2021 Filing 253 RESPONSE in Opposition re #251 MOTION to Strike the Secretary's Notice of Filing Second Revised Schedule A filed by EUGENE SCALIA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(DALIN, PATRICK)
March 3, 2021 Filing 252 MOTION to Compel Defendant to Timely Supplement Employee Contact Information filed by MILTON AL STEWART.Memorandum. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Local Rule 26.1 Certification, #4 Text of Proposed Order)(LUBY, ANDREA)
February 26, 2021 Filing 251 MOTION to Strike the Secretary's Notice of Filing Second Revised Schedule A filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
February 19, 2021 Filing 250 NOTICE by EUGENE SCALIA re #1 Complaint, Second Revised Schedule A (Attachments: #1 Second Revised Schedule A)(DALIN, PATRICK)
October 7, 2020 Opinion or Order Filing 249 ORDER granting #245 MOTION TO WITHDRAW AS ATTORNEY ATTORNEY CULLAN E. JONES TERMINATED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/2/2020.10/7/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
October 2, 2020 Filing 248 AMENDED NOTICE of Hearing on Motion #231 MOTION to Strike #223 Defendant's Notice of Supplemental Authority : ORAL ARGUMENT IS SET FOR 10/8/2020 AT 10:00 AM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, ) Modified on 10/2/2020 (sfl, ).
October 2, 2020 Filing 247 AMENDED NOTICE of Hearing on Motion #161 MOTION for Partial Summary Judgment , #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007, #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim : ORAL ARGUMENT IS SET FOR 10/8/2020 AT 10:00 AM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
October 2, 2020 Set/Reset Deadlines as to #161 MOTION for Partial Summary Judgment , #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007, #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim. MOTION HEARING SET FOR 10/8/2020 10:00 AM BEFORE HONORABLE GENE E.K. PRATTER. (sfl, )
October 1, 2020 Filing 246 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. re #244 Notice (Other) Response to Plaintiff's Notice of Supplemental Authority Regarding Inapposite Issues Under the Fair Labor Standards Act (MUELLER, MICHAEL)
October 1, 2020 Filing 245 MOTION to Withdraw as Attorney Cullan Jones filed by EAST PENN MANUFACTURING COMPANY, INC...(MUELLER, MICHAEL)
September 29, 2020 Filing 244 NOTICE by EUGENE SCALIA of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(DALIN, PATRICK)
September 23, 2020 Filing 243 Reply in Further Support of It's Second Notice of Supplemental Authority Regarding the Parties' Summary Judgment Briefing filed by EAST PENN MANUFACTURING COMPANY, INC..Certificate of Service. (Attachments: #1 Exhibit Exhibit A)(HUYETT, DANIEL) Modified on 9/24/2020 (lisad, ).
September 18, 2020 Filing 242 NOTICE of Withdrawal of Appearance on behalf of EAST PENN MANUFACTURING COMPANY, INC.(PASCHAL, EVANGELINE)*FILED IN ERROR BY INCORRECT ATTORNEY; WITHDRAWING ATTORNEY TO RE-FILE* Modified on 9/21/2020 (lisad, ).
September 16, 2020 Filing 241 NOTICE by EUGENE SCALIA re #238 Notice (Other) Response to Defendant's Second Notice of Supplemental Authority and Notice of Additional Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(DALIN, PATRICK)
September 9, 2020 Opinion or Order Filing 240 ORDER RE: MOTION TO EXCLUDE OPINION TESTIMONY #171 IS DENIED; PLAINTIFF'S MOTION IN LIMINE #172 IS DENIED; AND PLAITIFF'S MOTION TO EXCLUDE #170 IS GRANTED IN PART, DENIED IN PART.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/9/2020. 9/9/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
September 9, 2020 Filing 239 MEMORANDUM AND/OR OPINION. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/9/2020. 9/9/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 9/9/2020 (sfl, ).
September 2, 2020 Filing 238 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Supplemental Authority Regarding the Parties' Summary Judgment Briefing (Second) (Attachments: #1 Exhibit A, #2 Exhibit B)(MUELLER, MICHAEL)
September 2, 2020 Filing 237 Minute Entry for proceedings (hearing via video) held before HONORABLE GENE E.K. PRATTER on 7/22/20. Re: Oral Argument was discussed on Doc. Nos. 170,171, and 172. (fdc)
September 2, 2020 Filing 236 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 5/29/2020 re #203 MOTION for Protective Order filed by EUGENE SCALIA (sg, )
July 31, 2020 Filing 235 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 7/22/20 re #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division filed by EAST PENN MANUFACTURING COMPANY, INC., #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington filed by EUGENE SCALIA, #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez filed by EUGENE SCALIA, #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007 filed by EUGENE SCALIA, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim filed by EAST PENN MANUFACTURING COMPANY, INC., #177 Joint MOTION for Extension of Time to File Response/Reply to SUmmary Judgment and Daubert motions filed by EUGENE SCALIA, #161 MOTION for Partial Summary Judgment filed by EUGENE SCALIA, #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin filed by EAST PENN MANUFACTURING COMPANY, INC., #231 MOTION to Strike #223 Notice (Other),, Defendant's Notice of Supplemental Authority filed by EUGENE SCALIA Court Reporter: K. FELDMAN. (amas, )
July 22, 2020 DOC. NOS. #204 , #205 , #206 , #210 , #212 , #222 , #225 , AND #226 MAILED TO COUNSEL ON 7/22/20. (amas, )
July 17, 2020 Filing 234 RESPONSE in Support re #231 MOTION to Strike #223 Notice (Other),, Defendant's Notice of Supplemental Authority , REPLY to Response to Motion to Strike Defendant's Notice of Supplemental Authority filed by EUGENE SCALIA. (Attachments: #1 Exhibit D, #2 Exhibit E)(DALIN, PATRICK)
July 10, 2020 Filing 233 RESPONSE in Opposition re #231 MOTION to Strike #223 Notice (Other),, Defendant's Notice of Supplemental Authority filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(MUELLER, MICHAEL)
July 7, 2020 Filing 232 NOTICE of Hearing RE: #231 MOTION to Strike. ORAL ARGUMENT IS SET FOR 10/8/2020 AT 10:00 AM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
June 26, 2020 Filing 231 MOTION to Strike #223 Notice (Other),, Defendant's Notice of Supplemental Authority filed by EUGENE SCALIA.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(DALIN, PATRICK)
June 24, 2020 Filing 230 NOTICE RESCHEDULING Hearing on Motion #161 MOTION for Partial Summary Judgment , #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007, #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim : ORAL ARGUMENT IS SET FOR 10/8/2020 AT 10:00 AM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
June 24, 2020 Filing 229 NOTICE RESCHEDULING Hearing on Motion #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin, #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington, #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez : ORAL ARGUMENT IS SET FOR 7/22/2020 AT 2:00 PM VIA VIDEO BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
June 23, 2020 Filing 228 NOTICE RESCHEDULING Hearing on Motion #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin, #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington, #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez : ORAL ARGUMENT IS SET FOR 7/10/2020 AT 2:00 PM VIA VIDEO BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
June 15, 2020 Filing 227 Transcript of MOTION FOR PROTECTIVE ORDER VIA TELECONFERENCE held on 5/29/20, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. (amas, )
June 13, 2020 Opinion or Order Filing 226 ORDER RE: SECRETARY'S MOTION FOR PROTECTIVE ORDER AND EAST PENN'S MOTION TO STRIKE IS DENIED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/12/2020. 6/13/2020 ENTERED AND COPIES E-MAILED.(sfl, )
June 13, 2020 Filing 225 MEMORANDUM AND/OR OPINION. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/12/2020. 6/13/2020 ENTERED AND COPIES E-MAILED.(sfl, )
June 12, 2020 Filing 224 RESPONSE in Opposition re #221 MOTION to Strike #219 Praecipe/Request , or in the Alternative to Set a Briefing Schedule filed by EUGENE SCALIA. (LUBY, ANDREA)
June 12, 2020 Filing 223 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Supplemental Authority Regarding the Parties' Summary Judgment Briefing in the Wake of the Department of Labor's Late Production of Documents Requested in 2018 Pursuant to the Freedom of Information Act (Attachments: #1 Exhibit 66, #2 Exhibit 67, #3 Exhibit 68, #4 Exhibit 69, #5 Exhibit 70, #6 Exhibit 71, #7 Exhibit 72, #8 Exhibit 73, #9 Exhibit 74, #10 Exhibit 75, #11 Exhibit 76, #12 Exhibit 77, #13 Exhibit 78, #14 Exhibit 79, #15 Exhibit 80, #16 Exhibit 81, #17 Exhibit 82, #18 Exhibit 83, #19 Exhibit 84, #20 Exhibit 85, #21 Exhibit 86)(MUELLER, MICHAEL)
June 8, 2020 Opinion or Order Filing 222 ORDER granting #218 MOTION FOR PRO HAC VICE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 6/8/2020.6/8/2020 ENTERED AND COPIES E-MAILED ONLY.(sfl, )
June 5, 2020 Filing 221 MOTION to Strike #219 Praecipe/Request , or in the Alternative to Set a Briefing Schedule filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order)(MUELLER, MICHAEL)
June 5, 2020 Filing 220 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Filing (Attachments: #1 Exhibit A)(MUELLER, MICHAEL)
June 5, 2020 Filing 219 Praecipe to File Declaration by EUGENE SCALIA. (Attachments: #1 Exhibit Stanton Declaration)(DALIN, PATRICK) Modified on 6/8/2020 (lisad, ).
June 5, 2020 Filing Fee for PRO HAC VICE by EAST PENN MANUFACTURING COMPANY, INC.. (Filing Fee $40, receipt number 0313-14333696). (HUYETT, DANIEL)
June 3, 2020 Filing 218 MOTION for Pro Hac Vice for Andrea R. Calem filed by EAST PENN MANUFACTURING COMPANY, INC..Declaration of Andrea R. Calem; Certificate of Service. (Attachments: #1 Text of Proposed Order)(HUYETT, DANIEL)
May 20, 2020 Filing 217 AMENDED NOTICE of Hearing on Motion #161 MOTION for Partial Summary Judgment , #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007, #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim : ORAL ARGUMENT IS SET FOR 7/22/2020 AT 2:00 PM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
May 20, 2020 Filing 216 AMENDED NOTICE of Hearing on Motion #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin, #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington, #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez : ORAL ARGUMENT IS SET FOR 7/8/2020 AT 2:00 PM BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
May 19, 2020 Filing 215 NOTICE of Hearing on Motion #161 MOTION for Partial Summary Judgment , #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division, #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim : ORAL ARGUMENT IS SET FOR 7/22/2020 AT 2:00 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
May 19, 2020 Filing 214 NOTICE of Hearing on Motion #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin, #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007, #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington, #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez : ORAL ARGUMENT IS SET FOR 7/8/2020 AT 2:00 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
May 15, 2020 Filing 213 NOTICE of Hearing on Motion #203 MOTION for Protective Order. ORAL ARGUMENT IS SET FOR 5/29/2020 1:30 PM VIA TELEPHONE BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
May 11, 2020 Opinion or Order Filing 212 ORDER granting in part and denying in part #145 MOTION FOR SANCTIONS. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 5/11/2020.5/11/2020 ENTERED AND COPIES E-MAILED ONLY.(sfl, )
May 5, 2020 Filing 211 Memorandum Sur-Reply re #203 MOTION for Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
April 30, 2020 Opinion or Order Filing 210 ORDER THAT MOTION (DOC. 209) IS GRANTED. THE EXHIBIT SUBMITTED AS DOC. NO. 208-1 IS STRICKEN AND REMOVED FROM THE RECORD. CLERK OF COURT IS DIRECTED TO REMOVE THE PDF DOCUMENT SUBMITTED AS DOC. 208-1 FROM THE DOCKET. IF THE SECRETARY SEEKS TO RESUBMIT THIS EXHIBIT IN SUPPORT OF ITS REPL IN SUPPORT OF THE SECRETARY'S MOTION FOR PROTECTIVE ORDER (DOC. 208) HE MAY MOVE TO FILE THE EXHIBIT UNDER SEAL AND RESUBMIT THE EXHIBIT TO THE COURT IN CAMERA ON OR BEFORE 5/12/20. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/30/20. 4/30/20 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(rf, )
April 30, 2020 Filing 209 MOTION to Strike Exhibit (Doc. 208-1) filed by EUGENE SCALIA.. (Attachments: #1 Text of Proposed Order)(LUBY, ANDREA)
April 29, 2020 Filing 208 REPLY to Response to Motion re #203 MOTION for Protective Order filed by EUGENE SCALIA. (Attachments: # 1 Exhibit Pruitt Deposition)(LUBY, ANDREA) Modified on 4/30/2020 (rf,) *DOC. 208-1 STRICKEN AND REMOVED FROM RECORD, PER COURT ORDER OF 4/30/20, DOC. 210* ).
April 22, 2020 Filing 207 RESPONSE in Opposition re #203 MOTION for Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A - Snyder Declaration, #2 Exhibit B - Jones Declaration, #3 Exhibit C - Miksiewicz Declaration, #4 Text of Proposed Order)(MUELLER, MICHAEL)
April 13, 2020 Opinion or Order Filing 206 ORDER THAT EAST PENN'S MOTION (DOC. NO. #194 ) IS GRANTED AND EXHIBIT GX 91 SUBMITTED TO THE COURT IN CONJUNCTION WITH THE SECRETARY'S REPLY BRIEF IN SUPPORT OF HIS MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. #191 -3) SHALL BE FILED UNDER SEAL. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/9/20.4/13/20 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas, )
April 13, 2020 Opinion or Order Filing 205 ORDER denying #186 MOTION TO SEAL. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/9/2020.4/13/2020 ENTERED AND COPIES E-MAILED. COPY TO ATTORNEY CULLEN JONES NOT MAILED.(sfl, )
April 13, 2020 Opinion or Order Filing 204 ORDER denying #187 MOTION TO STRIKE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/9/2020.4/13/2020 ENTERED AND COPIES E-MAILED ONLY. COPY TO ATTORNEY CULLEN JONES NOT MAILED.(sfl, ) Modified on 4/13/2020 (sfl, ).
April 8, 2020 Filing 203 MOTION for Protective Order filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Declaration of Confidential Informer, #2 Declaration of Confidential Informer, #3 Declaration of Confidential Informer, #4 Exhibit Deposition of Derek Kanavins, #5 Exhibit Notice to Employees, #6 Text of Proposed Order)(LUBY, ANDREA)
March 30, 2020 Filing 202 RESPONSE in Opposition re #198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007 filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
March 27, 2020 Filing 201 REPLY in Support re #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit 46, #2 Exhibit 47, #3 Exhibit 48, #4 Exhibit 49)(MUELLER, MICHAEL) Modified on 3/30/2020 (lisad, ).
March 27, 2020 Filing 200 REPLY in Further Support re #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit 12)(DALIN, PATRICK) Modified on 3/30/2020 (lisad, ).
March 27, 2020 Filing 199 REPLY in Support re #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington filed by R. ALEXANDER ACOSTA. (LUBY, ANDREA) Modified on 3/30/2020 (lisad, ).
March 25, 2020 Filing 198 MOTION to Strike #193 Notice (Other) East Penn's Exhibits 65 and 1007 filed by R. ALEXANDER ACOSTA.Certificate of Service.(ASTORGA, BERTHA)
March 20, 2020 Filing 197 MEMORANDUM in Opposition re #171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin filed by R. ALEXANDER ACOSTA. (Attachments: #1 Text of Proposed Order, #2 Exhibit List, #3 Exhibit 311, #4 Exhibit 312.1, #5 Exhibit 312.2, #6 Exhibit 313, #7 Exhibit 314, #8 Exhibit 315, #9 Exhibit 316, #10 Exhibit 317, #11 Exhibit 318, #12 Exhibit 319, #13 Exhibit 320, #14 Exhibit 321, #15 Exhibit 322, #16 Exhibit 323, #17 Exhibit 324, #18 Exhibit 325, #19 Exhibit 326, #20 Exhibit 327, #21 Exhibit 328)(DALIN, PATRICK) Modified on 3/23/2020 (lisad, ).
March 20, 2020 Filing 196 RESPONSE in Opposition re #172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(MUELLER, MICHAEL)
March 20, 2020 Filing 195 RESPONSE in Opposition re #170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(MUELLER, MICHAEL)
March 13, 2020 Filing 194 MOTION to Seal Document GX-91 filed by EAST PENN MANUFACTURING COMPANY, INC...(MUELLER, MICHAEL)
March 12, 2020 Filing 193 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Filing Exhibit 1007 in Support of Its Opposition to Plaintiff's Motion for Partial Summary Judgment (Attachments: #1 Exhibit 1007)(MUELLER, MICHAEL)
March 11, 2020 Filing 192 REPLY in Support re #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL) Modified on 3/12/2020 (lisad, ).
March 11, 2020 Filing 191 REPLY Brief in Further Support re #161 MOTION for Partial Summary Judgment filed by R. ALEXANDER ACOSTA. (Attachments: #1 Counter-Statement of Facts, #2 Exhibit List, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(DENNIS, ETHAN) Modified on 3/12/2020 (lisad, ).
March 11, 2020 Filing 190 REPLY in Further Support re #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A)(MUELLER, MICHAEL) Modified on 3/12/2020 (lisad, ).
March 10, 2020 Filing 189 RESPONSE in Opposition re #187 MOTION to Strike #185 Declaration, of Robert G. Radwin, Ph.D filed by R. ALEXANDER ACOSTA. (DALIN, PATRICK)
March 6, 2020 Filing 188 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Filing Signed Declaration (Attachments: #1 Declaration of Kyle Smith)(MUELLER, MICHAEL)
March 6, 2020 Filing 187 MOTION to Strike #185 Declaration, of Robert G. Radwin, Ph.D filed by EAST PENN MANUFACTURING COMPANY, INC...(MUELLER, MICHAEL)
March 5, 2020 Filing 186 MOTION to Seal Exhibit F to Dr. Radwin's March 5, 2020 Declaration filed by R. ALEXANDER ACOSTA.Certificate of Service.(DALIN, PATRICK)
March 5, 2020 Filing 185 Submission of Additional Evidence re #184 Order Dr. Robert G. Radwin Declaration by R. ALEXANDER ACOSTA. (Attachments: #1 Declaration Radwin Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(DALIN, PATRICK) Modified on 3/6/2020 (lisad, ).
March 2, 2020 Opinion or Order Filing 184 ORDER RE: ANY ADDITIONAL EVIDENTIARY SUBMISSIONS SHALL BE SUBMITTED ON OR BEFORE 3/5/2020. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 2/28/2020. 3/2/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
February 28, 2020 Filing 183 Supplemental BRIEF in Opposition re #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order (Supplemental) filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(WELSH, ADAM) Modified on 3/3/2020 (lisad, ).
February 28, 2020 Filing 182 Supplemental BRIEF in Support re #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (MUELLER, MICHAEL) Modified on 3/3/2020 (lisad, ).
February 25, 2020 Opinion or Order Filing 181 ORDERED THAT THE MOTION TO COMPEL (DOC. #164 ) IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/24/2020.2/26/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
February 25, 2020 Opinion or Order Filing 180 STIPULATION AND ORDER RE: DAUBERT OPPOSITION AND SUMMARY JUDGMENT REPLY DEADLINES. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 2/25/2020. 2/25/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 2/25/2020 (sfl, ).
February 25, 2020 Filing 179 Transcript of Motion for Sanctions and Motion to Compel was held on 2/21/20, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN. (jaa, )
February 24, 2020 Filing 178 Minute Entry, re: Hearing on Motion for Sanctions/Motion to Produce for proceedings held before HONORABLE GENE E.K. PRATTER in Courtroom 10-B on 2/21/20. The Court will take the matter under advisement. Court Reporter: K. Feldman. (kw, )
February 24, 2020 Filing 177 Stipulation for Extension of Time to File Response/Reply to SUmmary Judgment and Daubert motions filed by R. ALEXANDER ACOSTA.Certificate of Service.(DALIN, PATRICK) *FILED IN ERROR BY ATTORNEY; FORWARDED TO JUDGE FOR APPROVAL* Modified on 2/25/2020 (lisad, ).
February 19, 2020 Filing 176 RESPONSE in Opposition re #161 MOTION for Partial Summary Judgment filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Response to Statement of Undisputed Material Facts and Additional Statement of Undisputed Material Facts, #2 List of Exhibits, #3 Exhibit 1001, #4 Exhibit 1002 - Part 1 of 2, #5 Exhibit 1002 - Part 2 of 2, #6 Exhibit 1003, #7 Exhibit 1004, #8 Exhibit 1005, #9 Exhibit 1006, #10 Exhibit 1007, #11 Exhibit 1008, #12 Exhibit 1009, #13 Exhibit 1010, #14 Exhibit 1011, #15 Exhibit 1012, #16 Exhibit 1013, #17 Exhibit 1015, #18 Exhibit 1016, #19 Exhibit 1017, #20 Text of Proposed Order)(MUELLER, MICHAEL)
February 19, 2020 Filing 175 RESPONSE in Opposition re #155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim filed by R. ALEXANDER ACOSTA. (Attachments: #1 Counter-Statement of Facts, #2 Text of Proposed Order, #3 Exhibit List, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19)(DENNIS, ETHAN)
February 19, 2020 Filing 174 RESPONSE in Opposition re #156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division filed by R. ALEXANDER ACOSTA. (Attachments: #1 Response to Statement of Facts, #2 Text of Proposed Order)(DALIN, PATRICK)
February 18, 2020 Filing 173 NOTICE of Hearing on Motion #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order, #164 MOTION to Compel Withheld Dr. Fernandez Materials : ORAL ARGUMENT IS SET FOR 2/21/2020 AT 2:00 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
February 14, 2020 Filing 172 MOTION to Exclude Testimony of Dr. Jeffrey Fernandez filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11)(DALIN, PATRICK)
February 14, 2020 Filing 171 MOTION to Exclude Opinion Testimony of Dr. Robert G. Radwin filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Text of Proposed Order)(MUELLER, MICHAEL)
February 14, 2020 Filing 170 MOTION to Exclude Report and Testimony of Defendant's Purported Expert Brian T. Farrington filed by R. ALEXANDER ACOSTA.Memorandum. (Attachments: #1 Exhibit 1- Farrington Report, #2 Exhibit 2- Farrington Deposition, #3 Memorandum Memorandum in Support, #4 Text of Proposed Order Proposed Order)(LUBY, ANDREA)
February 13, 2020 Filing 169 RESPONSE in Opposition re #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order Sur-reply filed with leave of Court filed by R. ALEXANDER ACOSTA. (LUBY, ANDREA)
February 13, 2020 Filing 168 Secretary's Sur-Reply in Opposition to Defendant's Motion for Sanctions. (mbh, )
February 13, 2020 Opinion or Order Filing 167 ORDER THAT SECRETARY'S UNOPPOSED MOTION FOR LEAVE TO FILE LATE SUR REPLY IN OPPOSITION TO DEFENDANT'S MOTION FOR SANCTIONS IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/12/20. 2/13/20 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) Modified on 2/14/2020 (mbh, ).
February 10, 2020 Filing 166 RESPONSE in Opposition re #164 MOTION to Compel Withheld Dr. Fernandez Materials filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(MUELLER, MICHAEL)
February 7, 2020 Filing 165 MOTION for Leave to File Sur=reply in Opposition to Defendant's Motion for Sanctions filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Brief Sur-reply, #2 Text of Proposed Order)(LUBY, ANDREA)
February 6, 2020 Filing 164 MOTION to Compel Withheld Dr. Fernandez Materials filed by R. ALEXANDER ACOSTA.Certificate of Service, Certificate of Counsel. (Attachments: #1 Memorandum of Law, #2 Text of Proposed Order, #3 Rule 26.1 Certification, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7)(DALIN, PATRICK)
February 4, 2020 Filing 163 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. Regarding Daubert Motions (Joint) (MUELLER, MICHAEL)
February 4, 2020 Opinion or Order Filing 162 ORDER THAT DEFENDANT'S UNOPPOSED EMERGENCY MOTION TO SEAL EXHIBIT 256 TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT BECAUSE THIS CONFIDENTIAL EXHIBIT WAS INADVERTENTLY INCLUDED IN THE PUBLIC FILING IS GRANTED; ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/3/20. 2/4/20 ENTERED AND COPIES MAILED AND E-MAILED.(jl, )
January 30, 2020 Filing 161 MOTION for Partial Summary Judgment filed by R. ALEXANDER ACOSTA.Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(DENNIS, ETHAN)
January 30, 2020 Filing 160 Exhibits Cont'd filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Exhibit 265, #2 Exhibit 266, #3 Exhibit 267, #4 Exhibit 268, #5 Exhibit 269, #6 Exhibit 271, #7 Exhibit 272, #8 Exhibit 273, #9 Exhibit 274, #10 Exhibit 275, #11 Exhibit 276, #12 Exhibit 277, #13 Exhibit 278, #14 Exhibit 279, #15 Exhibit 280, #16 Exhibit 281, #17 Exhibit 282, #18 Exhibit 283, #19 Exhibit 284, #20 Exhibit 285, #21 Exhibit 286, #22 Exhibit 287, #23 Exhibit 288, #24 Exhibit 289)(DALIN, PATRICK) Modified on 1/31/2020 (lisad, ).
January 30, 2020 Filing 159 Exhibits Cont'd filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Exhibit 250, #2 Exhibit 251, #3 Exhibit 252, #4 Exhibit 253, #5 Exhibit 254, #6 Exhibit 255, #7 Exhibit 256, #8 Exhibit 257, #9 Exhibit 258, #10 Exhibit 259, #11 Exhibit 261, #12 Exhibit 262, #13 Exhibit 263)(DALIN, PATRICK) Modified on 1/31/2020 (lisad, ).
January 29, 2020 Filing 158 Exhibits Cont'd filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Exhibit 53, #2 Exhibit 54, #3 Exhibit 55, #4 Exhibit 56, #5 Exhibit 57, #6 Exhibit 61, #7 Exhibit 78, #8 Exhibit 82, #9 Exhibit 89, #10 Exhibit 90, #11 Exhibit 113, #12 Exhibit 153, #13 Exhibit 203, #14 Exhibit 212, #15 Exhibit 213, #16 Exhibit 214, #17 Exhibit 215, #18 Exhibit 216, #19 Exhibit 217, #20 Exhibit 219, #21 Exhibit 220, #22 Exhibit 221, #23 Exhibit 222, #24 Exhibit 223, #25 Exhibit 224, #26 Exhibit 225, #27 Exhibit 226, #28 Exhibit 227, #29 Exhibit 228, #30 Exhibit 229, #31 Exhibit 230, #32 Exhibit 231, #33 Exhibit 232, #34 Exhibit 233, #35 Exhibit 234, #36 Exhibit 235, #37 Exhibit 236, #38 Exhibit 237, #39 Exhibit 238, #40 Exhibit 239, #41 Exhibit 240, #42 Exhibit 241, #43 Exhibit 242, #44 Exhibit 243, #45 Exhibit 244, #46 Exhibit 245, #47 Exhibit 246, #48 Exhibit 247, #49 Exhibit 248)(DALIN, PATRICK) Modified on 1/31/2020 (lisad, ).
January 29, 2020 Filing 157 Statement of Undisputed Material Facts filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 10, #6 Exhibit Exhibit 11, #7 Exhibit Exhibit 13, #8 Exhibit Exhibit 22, #9 Exhibit Exhibit 24, #10 Exhibit Exhibit 28, #11 Exhibit Exhibit 33, #12 Exhibit Exhibit 34, #13 Exhibit Exhibit 35, #14 Exhibit Exhibit 36, #15 Exhibit Exhibit 37, #16 Exhibit Exhibit 38, #17 Exhibit Exhibit 45)(DALIN, PATRICK) Modified on 1/30/2020 (lisad, ).
January 29, 2020 Filing 156 MOTION for Summary Judgment on Employees Who: Were Not Among the Eight Facilities Dr. Radwin Studied; Work Outside of Pennsylvania; Do Not Wear a Uniform and Shower; or Are Continuous Operations Employees in the Metals Division filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Statement of Undisputed Material Facts, #3 List of Deponents Cited in Statement of Undisputed Material Facts, #4 Index of Exhibits, #5 Exhibit 1, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 22, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 51, #51 Exhibit 52, #52 Exhibit 53, #53 Exhibit 54, #54 Exhibit 55, #55 Exhibit 56, #56 Exhibit 57, #57 Exhibit 58, #58 Exhibit 59, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 62, #62 Exhibit 63, #63 Exhibit 64, #64 Exhibit 65, #65 Exhibit 66, #66 Exhibit 67, #67 Exhibit 68, #68 Exhibit 69, #69 Exhibit 70, #70 Exhibit 71, #71 Exhibit 72, #72 Exhibit 73, #73 Exhibit 74, #74 Exhibit 75, #75 Exhibit 76, #76 Exhibit 77, #77 Exhibit 78, #78 Exhibit 79, #79 Exhibit 80, #80 Exhibit 81, #81 Exhibit 82, #82 Exhibit 83, #83 Exhibit 84, #84 Exhibit 85, #85 Exhibit 86, #86 Exhibit 87, #87 Exhibit 88, #88 Exhibit 89, #89 Exhibit 90, #90 Exhibit 91, #91 Exhibit 92, #92 Exhibit 93, #93 Exhibit 94, #94 Exhibit 95, #95 Exhibit 96, #96 Exhibit 97, #97 Exhibit 98, #98 Exhibit 99, #99 Exhibit 100, #100 Exhibit 101, #101 Exhibit 102, #102 Exhibit 103, #103 Exhibit 104, #104 Exhibit 105, #105 Exhibit 106, #106 Exhibit 107, #107 Exhibit 108, #108 Exhibit 109, #109 Exhibit 110, #110 Exhibit 111, #111 Exhibit 112, #112 Exhibit 113, #113 Exhibit 114, #114 Exhibit 115, #115 Exhibit 116, #116 Exhibit 117, #117 Exhibit 118, #118 Exhibit 119, #119 Exhibit 120, #120 Exhibit 121, #121 Exhibit 122, #122 Exhibit 123, #123 Exhibit 124, #124 Exhibit 125, #125 Exhibit 126, #126 Exhibit 127, #127 Exhibit 128, #128 Exhibit 129, #129 Exhibit 130, #130 Exhibit 131, #131 Exhibit 132, #132 Exhibit 133, #133 Exhibit 134, #134 Exhibit 135, #135 Exhibit 136, #136 Exhibit 137, #137 Exhibit 138, #138 Exhibit 139, #139 Exhibit 140, #140 Exhibit 141, #141 Exhibit 142, #142 Exhibit 143, #143 Exhibit 144, #144 Exhibit 145, #145 Exhibit 146, #146 Exhibit 147, #147 Exhibit 148, #148 Exhibit 149, #149 Text of Proposed Order)(MUELLER, MICHAEL)
January 29, 2020 Filing 155 MOTION for Summary Judgment on East Penn's Good Faith Defense to Liquidated Damages and Plaintiff's Willfulness Claim filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Statement of Undisputed Material Facts, #3 List of Deponents Cited in Statement of Undisputed Material Facts, #4 Index of Exhibits, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30, #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46, #51 Exhibit 47, #52 Exhibit 48, #53 Exhibit 49, #54 Exhibit 50, #55 Exhibit 51, #56 Exhibit 52, #57 Exhibit 53, #58 Exhibit 54, #59 Exhibit 55, #60 Exhibit 56, #61 Exhibit 57, #62 Exhibit 58, #63 Exhibit 59, #64 Exhibit 60, #65 Exhibit 61, #66 Exhibit 62, #67 Exhibit 63, #68 Exhibit 64, #69 Exhibit 65, #70 Text of Proposed Order)(MUELLER, MICHAEL)
January 22, 2020 Opinion or Order Filing 154 ORDER SETTING HEARING ON MOTION #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order : MOTION HEARING SET FOR 2/21/2020 AT 2:00 PM IN COURTROOM 10B BEFORE THE HONORABLE GENE E.K. PRATTER.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 1/22/2020. 1/22/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 1/22/2020 (sfl, ).
January 17, 2020 Filing 153 REPLY in Support re #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (MUELLER, MICHAEL) Modified on 1/21/2020 (lisad, ).
January 17, 2020 Filing 152 RESPONSE in Opposition re #145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order filed by R. ALEXANDER ACOSTA. (Attachments: #1 Affidavit Declaration of John Wallner)(LUBY, ANDREA)
January 16, 2020 Opinion or Order Filing 151 ORDER granting #150 JOINT MOTION FOR EXTENSION OF TIME TO FILE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 1/16/2020.1/16/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
January 16, 2020 Filing 150 Joint MOTION for Extension of Time to File Daubert Motions filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Text of Proposed Order)(MUELLER, MICHAEL)
January 15, 2020 Filing 149 NOTICE of Withdrawal of Appearance by CHRISTOPHER H. RIDER on behalf of R. ALEXANDER ACOSTA(RIDER, CHRISTOPHER)
January 14, 2020 Filing 148 NOTICE of Appearance by ANDREA C. LUBY on behalf of R. ALEXANDER ACOSTA with Certificate of Service(LUBY, ANDREA)
January 7, 2020 Opinion or Order Filing 147 ORDER denying #138 MOTION FOR SANCTIONS; granting in part and denying in part #139 MOTION TO COMPEL; AND granting #141 MOTION TO DEPOSE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 1/7/2020.1/7/2020 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
January 6, 2020 Filing 146 REPLY Brief in Support re #141 MOTION to Depose Dr. Robert Radwin for an Additional Day filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B)(MUELLER, MICHAEL) Modified on 1/8/2020 (lisad, ).
January 3, 2020 Filing 145 MOTION for Sanctions Based on Plaintiff's Intentional Videotaping in Locker Rooms in Violation of Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Index of Exhibits, #3 Exhibit 1 - Certifications, #4 Exhibit 3 - Radwin Dep. Excerpts, #5 Exhibit 4 - Paschal Decl., #6 Exhibit 5 - Fernandez Decl., #7 Exhibit 6 - DOL-EPM-009938, #8 Exhibit 7 - DOL-EPM-011299-300, #9 Exhibit 9 - Employee Decl., #10 Text of Proposed Order)(MUELLER, MICHAEL)
January 3, 2020 Filing 144 RESPONSE in Opposition re #141 MOTION to Depose Dr. Robert Radwin for an Additional Day filed by R. ALEXANDER ACOSTA. (Attachments: #1 Text of Proposed Order)(DENNIS, ETHAN)
December 20, 2019 Filing 143 RESPONSE in Opposition re #139 MOTION to Compel and Preclude Use of Surveillance Camera Videos filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit 1 - Snyder Decl., #2 Exhibit 2 - Fernandez Decl., #3 Exhibit 3 - Jones Decl., #4 Exhibit A to Jones Decl., #5 Exhibit 4 - Wright Decl., #6 Exhibit 5 - Mueller Decl., #7 Exhibit 6 - Excerpts of Radwin Dep.)(MUELLER, MICHAEL)
December 20, 2019 Filing 142 RESPONSE in Opposition re #138 MOTION for Sanctions for Spoliation of Evidence filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A - Fernandez Decl., #2 Exhibit B - Excerpts of Radwin Dep.)(MUELLER, MICHAEL)
December 19, 2019 Filing 141 MOTION to Depose Dr. Robert Radwin for an Additional Day filed by EAST PENN MANUFACTURING COMPANY, INC..Memorandum, Certificate of Counsel and Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order, #6 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
December 10, 2019 Filing 140 Amended ANSWER to #1 Complaint, by EAST PENN MANUFACTURING COMPANY, INC..(MUELLER, MICHAEL)
December 10, 2019 Filing 139 MOTION to Compel and Preclude Use of Surveillance Camera Videos filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit A - LRCP 26.1 Certification)(RIDER, CHRISTOPHER)
December 9, 2019 Filing 138 MOTION for Sanctions for Spoliation of Evidence filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A - EPM Expert Materials Emails, #2 Exhibit B - LRCP 26.1 Certification)(RIDER, CHRISTOPHER)
December 9, 2019 Filing 137 NOTICE of Appearance by CHRISTOPHER H. RIDER on behalf of R. ALEXANDER ACOSTA with Certificate of Service(RIDER, CHRISTOPHER)
December 5, 2019 Opinion or Order Filing 136 ORDER granting in part and denying in part #106 MOTION TO COMPEL; granting #121 MOTION TO AMEND/CORRECT; granting #135 MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 12/4/2019.12/5/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
November 26, 2019 Filing 135 MOTION for Extension of Time to Complete Discovery filed by R. ALEXANDER ACOSTA.Certificate of Service. (Attachments: #1 Text of Proposed Order)(DENNIS, ETHAN)
November 26, 2019 Filing 134 REPLY to Response to Motion re #121 MOTION to Amend/Correct #22 Answer to Complaint filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
November 25, 2019 Filing 133 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 11/14/19 re #116 MOTION to Quash or Modify Subpoena filed by EXIDE TECHNOLOGIES Court Reporter: K. FELDMAN. (jl, )
November 25, 2019 Filing 132 RESPONSE in Opposition re #121 MOTION to Amend/Correct #22 Answer to Complaint filed by R. ALEXANDER ACOSTA. (Attachments: #1 Text of Proposed Order)(DENNIS, ETHAN)
November 25, 2019 Filing 131 SURREPLY to Reply to Opposition re #106 MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit)(MUELLER, MICHAEL) Modified on 11/26/2019 (lisad, ).
November 25, 2019 Opinion or Order Filing 130 ORDER granting #128 MOTION FOR LEAVE TO FILE. THE REPLY, ATTACHED TO THE MOTION IS DEEMED FILED. EAST PENN MANUFACTURING CO. MAY FILE ITS SURREPLY ON OR BEFORE DECEMBER 2, 2019. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/25/2019.11/25/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 11/25/2019 (sfl, ).
November 22, 2019 Filing 129 RESPONSE in Opposition re #128 MOTION for Leave to File Reply re Motion to Compel Declarations filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
November 22, 2019 Filing 128 MOTION for Leave to File Reply filed by R. ALEXANDER ACOSTA.. (Attachments: #1 Exhibit A)(ASTORGA, BERTHA)
November 21, 2019 Opinion or Order Filing 127 ORDER denying WITH PREJUDICE #104 MOTION FOR PROTECTIVE ORDER; granting in part and denying in part #107 MOTION TO QUASH; granting in part and denying in part #107 MOTION TO MODIFY; granting in part and denying in part #108 MOTION TO QUASH; granting in part and denying in part #116 MOTION TO QUASH; denying WITHOUT PREJUDICE #126 MOTION TO DEPOSE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/21/2019.11/21/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
November 14, 2019 Filing 126 Emergency MOTION to Depose Dr. Robert Radwin in Excess of Seven Hours filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Text of Proposed Order, #2 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
November 14, 2019 Filing 125 REPLY to Response to Motion re #116 MOTION to Quash or Modify Subpoena filed by EXIDE TECHNOLOGIES. (MOUGHAN, JAMES)
November 13, 2019 Filing 124 CERTIFICATE OF SERVICE by R. ALEXANDER ACOSTA re #123 Response in Opposition to Motion of Exide Technologies to Quash or Modify Subpoena (DALIN, PATRICK)
November 13, 2019 Filing 123 RESPONSE in Opposition re #116 MOTION to Quash or Modify Subpoena filed by R. ALEXANDER ACOSTA. (DALIN, PATRICK)
November 12, 2019 Filing 122 REPLY Brief in Support re #108 MOTION to Quash Plaintiff's Subpoena and for a Protective Order filed by ENERSYS DELAWARE, INC. Certificate of Service. (HALBER, LORI) Modified on 11/13/2019 (lisad, ).
November 12, 2019 Filing 121 MOTION to Amend/Correct #22 Answer to Complaint filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit A - Redline Answer, #3 Exhibit B - Clean Answer, #4 Text of Proposed Order, #5 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
November 8, 2019 Filing 120 REPLY Brief in Support re #107 MOTION to Quash Subpoena MOTION to Modify Subpoena filed by YUASA BATTERY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(KUSHNER, BRAD) Modified on 11/12/2019 (lisad, ).
November 8, 2019 Filing 119 REPLY Brief in Support re #104 MOTION for Protective Order as to Document Subpoenas to Third-Party Battery Companies and Trade Association, or in the Alternative, to Compel Documents and 30(b)(6) Testimony on the Same Issues filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL) Modified on 11/12/2019 (lisad, ).
November 8, 2019 Filing 118 NOTICE of Hearing: a CHAMBERS CONFERENCE SET FOR 11/14/2019 AT 4:30 PM IN CHAMBERS (RM. 10613) BEFORE THE HONORABLE GENE E.K. PRATTER.(sfl, )
November 8, 2019 Opinion or Order Filing 117 ORDER granting #115 MOTION FOR PRO HAC VICE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 11/8/2019.11/8/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
November 7, 2019 Filing 116 MOTION to Quash or Modify Subpoena filed by EXIDE TECHNOLOGIES.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(MOUGHAN, JAMES)
November 7, 2019 Filing 115 MOTION for Pro Hac Vice for Jonathan D. Lotsoff filed by EXIDE TECHNOLOGIES.Declaration, Certificate of Service. (FEE NOT PAID) (MOUGHAN, JAMES) Modified on 11/13/2019 (nd, ). FILING FEE PAID, RECEIPT No.: 207942. Modified on 12/9/2019 (sg, ).
November 7, 2019 Filing 114 NOTICE of Appearance by JAMES T. MOUGHAN on behalf of EXIDE TECHNOLOGIES with Certificate of Service(MOUGHAN, JAMES)
November 5, 2019 Filing 113 RESPONSE in Opposition re #108 MOTION to Quash Plaintiff's Subpoena and for a Protective Order filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order, #3 Certificate of Service)(DENNIS, ETHAN)
November 4, 2019 Filing 112 RESPONSE in Opposition re #105 MOTION to Quash Subpoena MOTION to Modify Subpoena, #107 MOTION to Quash Subpoena MOTION to Modify Subpoena filed by R. ALEXANDER ACOSTA. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(DENNIS, ETHAN)
November 1, 2019 Filing 111 RESPONSE in Opposition re #106 MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
November 1, 2019 Filing 110 RESPONSE in Opposition re #104 MOTION for Protective Order as to Document Subpoenas to Third-Party Battery Companies and Trade Association, or in the Alternative, to Compel Documents and 30(b)(6) Testimony on the Same Issues filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(DENNIS, ETHAN)
October 24, 2019 Opinion or Order Filing 109 ORDER RE: Conference IS set for 11/14/2019 AT 4:30 PM in CHAMBERS (RM. 10613) before THE HONORABLE GENE E.K. PRATTER. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/24/2019. 10/24/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, )
October 22, 2019 Filing 108 MOTION to Quash Plaintiff's Subpoena and for a Protective Order filed by ENERSYS DELAWARE, INC..Memorandum, Certificate of Service. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(HALBER, LORI)
October 21, 2019 Filing 107 MOTION to Quash Subpoena, MOTION to Modify Subpoena filed by YUASA BATTERY, INC..Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief in Support of Motion, #3 Exhibit A - Subpoena, #4 Certificate of Service Brad M. Kushner)(KUSHNER, BRAD)
October 21, 2019 Filing 106 MOTION to Compel filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 LR 26F Certification)(DENNIS, ETHAN)
October 21, 2019 Filing 105 MOTION to Quash Subpoena, MOTION to Modify Subpoena filed by EAST PENN MANUFACTURING COMPANY, INC..Brief, Certificate of Service.**(FILED IN ERROR, INCORRECT FILER SELECTED, ATTY TO REFILE)** (Attachments: #1 Text of Proposed Order, #2 Brief in Support of Motion, #3 Exhibit A, #4 Certificate of Service Brad M. Kushner)(KUSHNER, BRAD) Modified on 10/21/2019 (tjd).
October 17, 2019 Filing 104 MOTION for Protective Order as to Document Subpoenas to Third-Party Battery Companies and Trade Association, or in the Alternative, to Compel Documents and 30(b)(6) Testimony on the Same Issues filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Exhibit A - Yuasa Battery Subpoena, #3 Exhibit B - EnerSys Subpoena, #4 Exhibit C - Exide Technologies Subpoena, #5 Exhibit D - BCI Subpoena, #6 Text of Proposed Order, #7 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
October 11, 2019 Filing 103 NOTICE by R. ALEXANDER ACOSTA re #1 Complaint, Revised Schedule A (Attachments: #1 Exhibit Revised Schedule A)(DALIN, PATRICK)
October 4, 2019 Filing 102 SECOND AMENDED SCHEDULING ORDER: MOTIONS DUE BY 1/15/2020. MOTION FOR SUMMARY JUDGMENT DUE BY 1/15/2020.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/2/2019. 10/4/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 10/4/2019 (sfl, ).
October 1, 2019 Filing 101 Minute Entry - Report of a Chambers Conference for proceedings held before HONORABLE GENE E.K. PRATTER and all counsel for the parties on 9/30/19. (kw, ) Modified on 10/3/2019 (lisad, ).
October 1, 2019 Opinion or Order Filing 100 ORDER finding as moot #88 THE MOTION TO COMPEL; AND #96 THE MOTION TO COMPEL. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/30/2019.10/1/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) Modified on 10/1/2019 (sfl, ).
September 27, 2019 Filing 99 RESPONSE in Opposition re #96 MOTION to Compel Production of Documents by Dr. Robert Radwin in Response to Subpoena filed by R. ALEXANDER ACOSTA. (ASTORGA, BERTHA)
September 24, 2019 Opinion or Order Filing 98 ORDER granting #89 MOTION FOR PRO HAC VICE. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/20/2019.9/24/2019 ENTERED AND COPIES MAILED AND E-MAILED. COPY OF ECF REGISTRATION FORM MAILED TO ATTORNEY JONES (sfl, ) Modified on 9/24/2019 (sfl, ).
September 20, 2019 Opinion or Order Filing 97 ORDER THAT THE JOINT REQUEST TO STAY THE EXPERT AND SUMARY JUDGMENT DEADLINES IS DENITED. THE CASE WILL PROCEED IN ACCORDANCE WITH THE COURT'S AMENDED SCHEDULING ORDER #47 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/20/2019. 9/20/2019 ENTERED AND COPIES E-MAILED.(rab, )
September 19, 2019 Filing 96 MOTION to Compel Production of Documents by Dr. Robert Radwin in Response to Subpoena filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum in Support, #2 Exhibit A - Radwin Subpoena, #3 Exhibit B - Radwin Objections, #4 Declaration of Michael Mueller, #5 Text of Proposed Order, #6 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
September 10, 2019 Opinion or Order Filing 95 ORDER SETTING CONFERENCE ON #88 MOTION to Compel Production of Files Created by Dr. Robert Radwin and Michael Murray to Prepare Their Reports for Plaintiff IS SET FOR 9/30/2019 AT 3:00 PM IN CHAMBERS (ROOM 10613) BEFORE THE HONORABLE GENE E.K. PRATTER.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/10/2019. 18-1194 ENTERED AND COPIES E-MAILED.(sfl, )
September 10, 2019 Filing 94 REPLY Brief in Support re #88 MOTION to Compel Production of Files Created by Dr. Robert Radwin and Michael Murray to Prepare Their Reports for Plaintiff filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (MUELLER, MICHAEL) Modified on 9/11/2019 (lisad, ).
September 9, 2019 Filing 93 RESPONSE in Opposition re #88 MOTION to Compel Production of Files Created by Dr. Robert Radwin and Michael Murray to Prepare Their Reports for Plaintiff filed by R. ALEXANDER ACOSTA. (Attachments: #1 Declaration of Dr. Robert Radwin)(DENNIS, ETHAN)
September 4, 2019 Opinion or Order Filing 92 ORDER granting in part and denying in part #79 MOTION TO COMPEL. SIGNED BY the HONORABLE GENE E.K. PRATTER ON 9/4/2019.9/4/2019 ENTERED AND COPIES E-MAILED.(sfl, )
September 4, 2019 Opinion or Order Filing 91 ORDER denying WITHOUT PREJUDICE #86 MOTION TO TAKE DEPOSITION. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 9/3/2019.9/4/2019 ENTERED AND COPIES E-MAILED.(sfl, )
September 3, 2019 Filing 90 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. Regarding Third Circuit Decision Raised During August 22, 2019 Hearing (MUELLER, MICHAEL)
September 1, 2019 Filing 89 (FEE RECEIVED, 9/19/2019) MOTION for Pro Hac Vice for Cullan E. Jones filed by EAST PENN MANUFACTURING COMPANY, INC..Motion.(FEHLING, GEOFFREY) (Fee Not Paid) Modified on 9/5/2019 (nd, ). Modified on 9/20/2019 (amas).
August 29, 2019 Filing 88 MOTION to Compel Production of Files Created by Dr. Robert Radwin and Michael Murray to Prepare Their Reports for Plaintiff filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Declaration of Michael J. Mueller, #3 Declaration of Jeffrey Fernandez, Ph.D., PE, CPE, #4 Declaration of Nathan D. Woods, #5 Text of Proposed Order, #6 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
August 27, 2019 Filing 87 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Filing of Declaration Complying with the Court's August 7, 2019 Order (Attachments: #1 Exhibit A - Declaration of Alison Snyder)(MUELLER, MICHAEL)
August 21, 2019 Filing 86 MOTION to Take Deposition from 30 Fact Witnesses filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 LR 26.1 Certification, #3 Proposed Order)(DALIN, PATRICK)
August 19, 2019 Filing 85 REPLY Brief in Further Support re #79 MOTION to Compel filed by R. ALEXANDER ACOSTA. Certificate of Service. (DENNIS, ETHAN) Modified on 8/20/2019 (lisad, ).
August 15, 2019 Opinion or Order Filing 84 ORDER DENYING #72 MOTION TO COMPEL. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/15/2019.8/15/2019 ENTERED AND COPIES E-MAILED.(sfl, )
August 12, 2019 Filing 83 RESPONSE in Opposition re #79 MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Declaration of Evangeline Paschal)(MUELLER, MICHAEL)
August 8, 2019 Opinion or Order Filing 82 STIPULATION AND ORDER THAT ANY DAUBERT MOTIONS SHALL BE FILED BY 12/11/2019.SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/6/19. 8/9/19 ENTERED AND COPIES E-MAILED.(mbh, )
August 7, 2019 Opinion or Order Filing 81 ORDER denying #70 MOTION FOR PROTECTIVE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/6/19.8/7/19 ENTERED AND COPIES E-MAILED.(rab, )
August 7, 2019 Opinion or Order Filing 80 ORDER granting in part and denying in part #69 MOTION FOR PROTECTIVE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/7/19.8/7/19 ENTERED AND COPIES E-MAILED.(rab, )
July 29, 2019 Filing 79 MOTION to Compel filed by R. ALEXANDER ACOSTA.Memorandum of Law. (Attachments: #1 Memorandum, #2 Exhibit Exhibit A, #3 Text of Proposed Order, #4 Rule 26.1 Certification)(DENNIS, ETHAN)
July 19, 2019 Filing 78 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion Hearing held on 7/17/2019 re #69 MOTION for Protective Order Regarding the Scope of Plaintiff's Revised 30(b)(6) Notice, #72 Emergency MOTION to Compel Preservation and Production of Video Recordings Collected by Dr. Radwin's Team on June 17-22, 2019, #70 MOTION for Protective Order filed by R. ALEXANDER ACOSTA (sg, ) Modified on 7/22/2019 (afm, ).
July 16, 2019 Filing 77 RESPONSE in Opposition re #72 Emergency MOTION to Compel Preservation and Production of Video Recordings Collected by Dr. Radwin's Team on June 17-22, 2019 filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(ASTORGA, BERTHA)
July 16, 2019 Filing 76 REPLY to Response to Motion re #70 MOTION for Protective Order filed by R. ALEXANDER ACOSTA. (DENNIS, ETHAN)
July 15, 2019 Filing 75 RESPONSE in Opposition re #69 MOTION for Protective Order Regarding the Scope of Plaintiff's Revised 30(b)(6) Notice filed by R. ALEXANDER ACOSTA. (DENNIS, ETHAN)
July 11, 2019 Opinion or Order Filing 74 ORDER THAT A CONFERENCE ON DEFENDANT'S MOTION FOR PROTECTIVE ORDER (DOC NO. #69 ), PLAINTIFF'S MOTION FOR PROTECTIVE ORDER (DOC NO. #70 ) AND DEFENDANT'S EMERGENCY MOTION TO COMPEL (DOC. NO. #72 ) HAS BEEN SCHEDULED TO BE HELD ON 7/17/2019 AT 3:00 PM IN JUDGE CHAMBERS ROOM 10613.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 07/10/2019. 07/11/2019 ENTERED AND COPIES E-MAILED.(nd, )
July 11, 2019 Opinion or Order Filing 73 ORDER RE: CONFERENCE ON DEFENDANT'S MOTION FOR A PROTECTIVE ORDER #69 AND DEFENDANT'S EMERGENCY MOTION TO COMPEL #72 IS SET FOR 7/17/2019 AT 3:00 PM IN CHAMBERS (ROOM 10613) BEFORE THE HONORABLE GENE E.K. PRATTER.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/10/2019. 7/11/2019 ENTERED AND COPIES E-MAILED.(sfl, )
July 10, 2019 Filing 72 Emergency MOTION to Compel Preservation and Production of Video Recordings Collected by Dr. Radwin's Team on June 17-22, 2019 filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
July 10, 2019 Filing 71 RESPONSE in Opposition re #70 MOTION for Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(MUELLER, MICHAEL)
July 8, 2019 Filing 70 MOTION for Protective Order filed by R. ALEXANDER ACOSTA.Memorandum of Law. (Attachments: #1 Memorandum, #2 Exhibit, #3 Text of Proposed Order, #4 Rule 26.1 Certification)(DENNIS, ETHAN)
July 8, 2019 Filing 69 MOTION for Protective Order Regarding the Scope of Plaintiff's Revised 30(b)(6) Notice filed by EAST PENN MANUFACTURING COMPANY, INC... (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
June 14, 2019 Filing 68 PROTECTIVE ORDER WITH COURT APPROVAL RE: CERTAIN STATEMENTS; ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/13/19. 6/14/19 ENTERED AND E-MAILED.(jl, )
June 14, 2019 Opinion or Order Filing 67 ORDER THAT PLAINTIFF'S MOTION FOR PROTECTIVE ORDER FOR DR.RADWIN'S STUDY IS GRANTED. PLAINTIFF'S EMERGENCY MOTION TO COMPEL AND DEFENDANT'S CROSS MOTION FOR ENTRY OF PROTECTIVE ORDER ARE DEEMED MOOT; ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/13/19.6/14/19 ENTERED AND E-MAILED.(jl, )
June 13, 2019 Filing 66 RESPONSE in Opposition re #65 MOTION for Protective Order for Dr. Radwin's Study on Behalf of Plaintiff filed by EAST PENN MANUFACTURING COMPANY, INC.. (MUELLER, MICHAEL)
June 12, 2019 Filing 65 MOTION for Protective Order for Dr. Radwin's Study on Behalf of Plaintiff filed by R. ALEXANDER ACOSTA.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Proposed Order, #3 L.R. 26.1 Certification)(DALIN, PATRICK)
May 21, 2019 Opinion or Order Filing 64 ORDER RE: SITE VISIT. SIGNED BY THE HONORABLE TIMOTHY J. SAVAGE ON 5/20/2019 FOR THE HONORABLE GENE E.K. PRATTER . 5/21/2019 ENTERED AND COPIES E-MAILED.(sfl, ) Modified on 5/21/2019 (nd, ).
May 14, 2019 Filing 63 Corrected Exhibit C to Memorandum ISO Cross-Motion by EAST PENN MANUFACTURING COMPANY, INC. re #62 Response in Opposition to Motion. (MUELLER, MICHAEL) Modified on 5/15/2019 (lisad, ).
May 14, 2019 Filing 62 CROSS-MOTION for Entry of Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Rule 26.1 Certification, #7 Text of Proposed Order)(MUELLER, MICHAEL) Modified on 5/15/2019 (lisad, ).
May 13, 2019 Filing 61 Emergency MOTION to Compel Notification and Access Regarding Dr. Robert Radwin's Initial Visit filed by R. ALEXANDER ACOSTA.Memorandum, Declaration, Certificate of Counsel, Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Declaration Local Rule 26.1 Certification, #5 Text of Proposed Order Proposed Order)(DALIN, PATRICK)
May 10, 2019 Opinion or Order Filing 60 ORDER THAT DEFENDANTS SECOND MOTION TO COMPEL (DOC. 53) IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/10/19. 5/10/19 ENTERED AND COPIES E-MAILED.(rf, )
May 10, 2019 Opinion or Order Filing 59 ORDER granting #57 MOTION FOR PROTECTIVE ORDER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/10/19.5/10/19 ENTERED AND COPIES E-MAILED.(rab, )
April 24, 2019 Filing 58 RESPONSE in Opposition re #57 MOTION for Protective Order to Quash or in the Alternative Limit East Penn's Rule 30(b)(6) Deposition Notice filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Exhibit A)(MUELLER, MICHAEL)
April 22, 2019 Filing 57 MOTION for Protective Order to Quash or in the Alternative Limit East Penn's Rule 30(b)(6) Deposition Notice filed by R. ALEXANDER ACOSTA.Memorandum, Certification of Counsel, Certificate of Service. (Attachments: #1 Memorandum In Support of Motion, #2 Exhibit A - 30(b)(6) Notice, #3 Local Rule 26.1 Certification, #4 Proposed Order)(DALIN, PATRICK)
April 22, 2019 Filing 56 REPLY in Further Support re #53 Second MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(MUELLER, MICHAEL) Modified on 4/23/2019 (lisad, ).
April 19, 2019 Filing 55 CERTIFICATE OF SERVICE by R. ALEXANDER ACOSTA re #54 Response in Opposition to Motion CORRECTED CERTIFICATE OF SERVICE (DALIN, PATRICK)
April 19, 2019 Filing 54 RESPONSE in Opposition re #53 Second MOTION to Compel filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit A, #2 Proposed Order)(DALIN, PATRICK)
April 5, 2019 Filing 53 Second MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC..Memorandum, Proposed Order, Rule 26 Certification. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
March 7, 2019 Opinion or Order Filing 52 ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION TO COMPEL #33 , IT IS ORDERED THAT THE MOTION IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/7/19.3/7/19 ENTERED AND COPIES E-MAILED.(ti, )
March 6, 2019 Filing 51 NOTICE of Appearance by ETHAN M. DENNIS on behalf of R. ALEXANDER ACOSTA with Certificate of Service (Attachments: #1 Certificate of Service)(DENNIS, ETHAN)
March 1, 2019 Filing 50 NOTICE of Appearance by PATRICK M. DALIN on behalf of R. ALEXANDER ACOSTA with Certificate of Service(DALIN, PATRICK)
March 1, 2019 Filing 49 NOTICE of Withdrawal of Appearance by JORDANA L. GREENWALD on behalf of R. ALEXANDER ACOSTA(GREENWALD, JORDANA)
February 25, 2019 Filing 48 NOTICE re: Cancellation of Hearing(rab, )
February 21, 2019 Filing 47 AMENDED SCHEDULING ORDER THAT FACT DISCOVERY SHALL BE COMPLETED BY 10/28/2019. ANY DAUBERT MOTION SHALL BE FILED ON OR BEFORE 11/27/2019. ANY MOTION FOR SUMMARY JUDGMENT SHALL BE FILED AND SERVED ON OR BEFORE 11/27/2019, ETC. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/19/19. 2/21/19 ENTERED AND COPIES E-MAILED.(ti, ) Modified on 2/25/2019 (rab, ).
February 21, 2019 Opinion or Order Filing 46 ORDER THAT UPON CONSIDERATION OF THE MOTION TO WITHDRAW OR AMEND DEEMED ADMISSIONS #40 , IT IS ORDERED THAT THE MOTION TO WITHDRAW OR AMEND DEEMED ADMISSIONS #40 IS GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/21/19.2/21/19 ENTERED AND COPIES E-MAILED.(ti, )
January 24, 2019 Filing 45 Plaintiff's Response Regarding Defendant's Claim of Waiver by R. ALEXANDER ACOSTA re #44 Notice (Other). Certificate of Service. (ASTORGA, BERTHA) Modified on 1/25/2019 (lisad, ).
January 23, 2019 Filing 44 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. of Waiver of Privilege (MUELLER, MICHAEL)
January 17, 2019 Filing 43 Minute Entry for Chambers Conference on Defendant's Motion to Compel held on 1/16/19 before Judge Pratter. (mbh, )
January 11, 2019 Filing 42 REPLY to Response to Motion re #40 MOTION to Withdraw or Amend Deemed Admissions filed by R. ALEXANDER ACOSTA. (Attachments: #1 Certificate of Service)(GREENWALD, JORDANA)
January 10, 2019 Filing 41 RESPONSE in Opposition re #40 MOTION to Withdraw or Amend Deemed Admissions filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Declaration of Michael J. Mueller)(MUELLER, MICHAEL)
January 4, 2019 Filing 40 MOTION to Withdraw or Amend Deemed Admissions filed by R. ALEXANDER ACOSTA.Certificate of Counsel. (Attachments: #1 Brief in Support of Plaintiff's Motion to Withdraw or Amend Deemed Admissions, #2 Exhibit A, #3 Declaration Certification of Counsel Pursuant to L.R. 26.1, #4 Certificate of Service)(GREENWALD, JORDANA)
December 31, 2018 Filing 39 REPLY in Further Support re #33 MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC.. (Attachments: #1 Proposed Order)(PASCHAL, EVANGELINE) Modified on 1/2/2019 (lisad, ).
December 27, 2018 Filing 38 Declaration re #36 Response in Opposition to Motion to Compel (Declaration in Support of Formal Claim of Privilege) by R. ALEXANDER ACOSTA. (Attachments: #1 Certificate of Service)(GREENWALD, JORDANA)
December 27, 2018 Filing 37 NOTICE by EAST PENN MANUFACTURING COMPANY, INC. re #33 MOTION to Compel (PASCHAL, EVANGELINE)
December 20, 2018 Filing 36 RESPONSE in Opposition re #33 MOTION to Compel filed by R. ALEXANDER ACOSTA. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GREENWALD, JORDANA)
December 19, 2018 Filing 35 NOTICE THAT DEFENDANT'S MOTION TO COMPEL IN THIS CASE SCHEDULED TO BE HELD ON WEDNESDAY, DECEMBER 19, 2018 AT 11:30 A.M. IN JUDGE PRATTER'S CHAMBERS BEFORE THE HON. GENE E.K. PRATTER WILL BE RESCHEDULED TO BE HELD ON WEDNESDAY, JANUARY 16, 2019 AT 3:00 P.M.(jaa, )
December 11, 2018 Filing 34 NOTICE of Hearing: CHAMBERS CONFERENCE ON DEFENDANT'S MOTION TO COMPEL SET FOR 12/19/2018 AT 11:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER.(sl, ) (Main Document 34 replaced on 12/11/2018) (ti, ).
December 6, 2018 Filing 33 MOTION to Compel filed by EAST PENN MANUFACTURING COMPANY, INC..Memorandum, Declaration, Certificate of Counsel. (Attachments: #1 Memorandum in Support, #2 Declaration of Evangeline Paschal, #3 Exhibit A to Paschal Decl., #4 Exhibit B to Paschal Decl., #5 Exhibit C to Paschal Decl., #6 Exhibit D to Paschal Decl., #7 Text of Proposed Order, #8 Rule 26.1 Certification of Counsel)(MUELLER, MICHAEL)
November 23, 2018 Filing 32 Transcript of ORAL ARGUMENT held on 9/28/18, before Judge GENE E.K. PRATTER. Court Reporter/Transcriber KATHLEEN FELDMAN..(jaa, )
November 13, 2018 Opinion or Order Filing 31 STIPULATION AND ORDER OF CONFIDENTIALITY SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/13/18. 11/13/18 ENTERED AND COPIES E-MAILED.(ti, )
November 13, 2018 Opinion or Order Filing 30 ORDER THAT UPON CONSIDERATION OF THE MOTION FOR PROTECTIVE ORDER #25 , IT IS ORDERED THAT THE MOTION #25 IS DEEMED MOOT. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/13/18.11/13/18 ENTERED AND COPIES E-MAILED.(ti, )
October 3, 2018 Filing 29 Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER Motion for a Protective Order Hearing held on 9/28/18 Court Reporter: K. Feldman. (ti, )
August 27, 2018 Filing 28 NOTICE of Hearing on Motion #25 MOTION for Protective Order : MOTION HEARING SET FOR 9/28/2018 02:30 PM IN COURTROOM BEFORE HONORABLE GENE E.K. PRATTER.(rab, )
August 14, 2018 Filing 27 REPLY in Further Support re #25 MOTION for Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC. Certificate of Service. (Attachments: #1 Exhibit A, #2 Rule 26 Certification)(MUELLER, MICHAEL) Modified on 8/15/2018 (lisad, ).
August 7, 2018 Filing 26 RESPONSE in Opposition re #25 MOTION for Protective Order filed by R. ALEXANDER ACOSTA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order, #4 Certificate of Service)(GREENWALD, JORDANA)
July 24, 2018 Filing 25 MOTION for Protective Order filed by EAST PENN MANUFACTURING COMPANY, INC..with Memorandum in Support, Exhibits A-B, Rule 26 Certification and Exhibits 1-5. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Memorandum in Support, #4 Rule 26 Certification, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5)(MUELLER, MICHAEL)
June 5, 2018 Opinion or Order Filing 24 SCHEDULING ORDER: PLAINTIFF(S) MAY AMEND THE COMPLAINT BY NOVEMBER 15, 2018. DISCOVERY DUE BY 12/31/2018. DAUBERT MOTIONS DUE BY 4/15/2019. MOTION FOR SUMMARY JUDGMENT DUE BY 4/15/2019. PLAINTIFF PRETRIAL MEMO DUE BY 5/17/2019. DEFENDANT PRETRIAL MEMO DUE BY 5/24/2019. FINAL PRETRIAL CONFERENCE SET FOR 5/28/2019 AT 02:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. TRIAL POOL SET FOR 6/4/2019. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/5/2018. 6/5/2018 ENTERED AND COPIES E-MAILED AND MAILED. (sme, )
May 24, 2018 Filing 23 NOTICE of Hearing: THE INITIAL PRETRIAL CONFERENCE IN THE ABOVE-CAPTIONED MATTER HAS BEEN RESCHEDULED TO BE HELD ON MONDAY, JUNE 4, 2018 AT 3:00 P.M. WITH THE HONORABLE GENE E.K. PRATTER IN CHAMBERS, ROOM 10613. (sme, )
May 21, 2018 Filing 22 ANSWER to #1 Complaint, by EAST PENN MANUFACTURING COMPANY, INC..(MUELLER, MICHAEL)
May 2, 2018 Filing 21 NOTICE of Withdrawal of Appearance by JULIE E. RAVIS on behalf of EAST PENN MANUFACTURING COMPANY, INC. (Attachments: #1 Certificate of Service)(RAVIS, JULIE)
May 1, 2018 Opinion or Order Filing 20 ORDER: THAT THE MOTION (DOC. NO. 18) IS GRANTED AND MR. MUELLER IS ADMITTED IN THIS CASE PRO HAC VICE FOR DEFENDANT EAST PENN MANUFACTURING. SIGNED BY HONORABLE GENE E.K. PRATTER ON 5/1/2018. 5/1/2018 ENTERED AND COPIES E-MAILED AND MAILED WITH ECF FORMS. (sme, )
May 1, 2018 Filing 19 NOTICE of Withdrawal of Appearance by BRAD M. KUSHNER on behalf of EAST PENN MANUFACTURING COMPANY, INC. (Attachments: #1 Certificate of Service)(KUSHNER, BRAD)
April 30, 2018 Filing 18 MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-12779423.) filed by EAST PENN MANUFACTURING COMPANY, INC..Declaration and Certificate of Service.(FEHLING, GEOFFREY)
April 27, 2018 Opinion or Order Filing 17 ORDER granting #16 MOTION FOR PRO HAC VICE OF EVANGELINE C. PASCHAL ON BEHALF OF RESPONDENT. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/27/18.4/27/18 ENTERED AND COPIES E-MAILED.(rab, )
April 26, 2018 Filing 16 MOTION for Pro Hac Vice for Evangeline Paschal filed by EAST PENN MANUFACTURING COMPANY, INC..with Certificate of Service, Declaration and Proposed Order.(FEHLING, GEOFFREY)
April 26, 2018 Filing 15 NOTICE of Appearance by GEOFFREY B. FEHLING on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(FEHLING, GEOFFREY)
April 26, 2018 Opinion or Order Filing 14 ORDER: THAT THE MOTION (DOC. NO. 13) IS DENIED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH SECTION VII OF THE COURT'S GENERAL PRETRIAL AND TRIAL PROCEDURES. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/26/2018. 4/26/2018 ENTERED AND COPIES E-MAILED. (sme, )
April 25, 2018 Filing 13 MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number 0313-12771643.) filed by EAST PENN MANUFACTURING COMPANY, INC..of Evangeline Paschal and Certificate of Service.(FEHLING, GEOFFREY)
April 20, 2018 Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by EAST PENN MANUFACTURING COMPANY, INC..(RAVIS, JULIE)
April 20, 2018 Filing 11 NOTICE of Appearance by JULIE E. RAVIS on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(RAVIS, JULIE)
April 19, 2018 Filing 10 NOTICE of Appearance by ADAM F. WELSH on behalf of R. ALEXANDER ACOSTA with Certificate of Service (Attachments: #1 Certificate of Service)(WELSH, ADAM)
April 19, 2018 Filing 9 NOTICE of Appearance by BERTHA M. ASTORGA on behalf of R. ALEXANDER ACOSTA with Certificate of Service (Attachments: #1 Certificate of Service)(ASTORGA, BERTHA)
April 13, 2018 Filing 8 WAIVER OF SERVICE Returned Executed by R. ALEXANDER ACOSTA. EAST PENN MANUFACTURING COMPANY, INC. waiver sent on 3/21/2018, answer due 5/21/2018. (GREENWALD, JORDANA) Modified on 4/17/2018 (afm, ).
April 6, 2018 Filing 7 NOTICE of Appearance by BRAD M. KUSHNER on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(KUSHNER, BRAD)
April 6, 2018 Filing 6 NOTICE of Appearance by GARY D. MELCHIONNI on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(MELCHIONNI, GARY)
April 5, 2018 Filing 5 NOTICE of Appearance by KENNETH D. KLEINMAN on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(KLEINMAN, KENNETH)
April 5, 2018 Filing 4 NOTICE of Appearance by DANIEL B. HUYETT on behalf of EAST PENN MANUFACTURING COMPANY, INC. with Certificate of Service(HUYETT, DANIEL)
March 28, 2018 Filing 3 NOTICE of Hearing: INITIAL PRETRIAL CONFERENCE SET FOR 5/29/2018 AT 04:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement)(sme, )
March 23, 2018 Filing 2 NOTICE of Appearance by JORDANA L. GREENWALD on behalf of R. ALEXANDER ACOSTA with Certificate of Service (Attachments: #1 Certificate of Service)(GREENWALD, JORDANA)
March 20, 2018 Filing 1 COMPLAINT against EAST PENN MANUFACTURING COMPANY, INC., filed by R. ALEXANDER ACOSTA. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(ahf) (Additional attachment(s) added on 3/22/2018: #4 Exhibit)
March 20, 2018 Summons Issued as to EAST PENN MANUFACTURING COMPANY, INC.. 1 Forwarded To: Counsel on 3/22/2018. (ahf)

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Search for this case: SCALIA v. EAST PENN MANUFACTURING COMPANY, INC.
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Plaintiff: R. ALEXANDER ACOSTA
Represented By: OSCAR L HAMPTON
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Plaintiff: EUGENE SCALIA
Represented By: OSCAR L HAMPTON
Represented By: ADAM F. WELSH
Represented By: ALEXANDER EDWARD GOSFIELD
Represented By: ANDREA C. LUBY
Represented By: BERTHA M. ASTORGA
Represented By: CHRISTOPHER H. RIDER
Represented By: ETHAN M. DENNIS
Represented By: JORDANA L. GREENWALD
Represented By: PATRICK M. DALIN
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Plaintiff: Acting Sec of Labor MILTON AL STEWART
Represented By: ANDREA C. LUBY
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Plaintiff: Martin J Walsh
Represented By: ALEXANDER EDWARD GOSFIELD
Represented By: ANDREA C. LUBY
Represented By: ELIZABETH ASHLEY KUSCHEL
Represented By: SAMANTHA N. THOMAS
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Defendant: EAST PENN MANUFACTURING COMPANY, INC.
Represented By: DANIEL B. HUYETT
Represented By: MICHAEL J. MUELLER
Represented By: ANDREA R. CALEM
Represented By: BRAD M. KUSHNER
Represented By: CULLAN E. JONES
Represented By: EVANGELINE C. PASCHAL
Represented By: GARY D. MELCHIONNI
Represented By: GEOFFREY B. FEHLING
Represented By: JULIE E. RAVIS
Represented By: KELLY R. OELTJENBRUNS
Represented By: KENNETH D. KLEINMAN
Represented By: BRIANNE Michelle REESE
Represented By: PERIE REIKO KOYAMA
Represented By: Tonya M Gray
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Petitioner: YUASA BATTERY, INC.
Represented By: BRAD M. KUSHNER
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Petitioner: ENERSYS DELAWARE, INC.
Represented By: LORI HALBER
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Petitioner: EXIDE TECHNOLOGIES
Represented By: JAMES T. MOUGHAN
Represented By: JONATHAN D. LOTSOFF
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