Gerhart et al v. Energy Transfer Partners, L.P. et al
| Elizabeth Glunt, Ellen Gerhart, Alex Lotorto and Elise Gerhart |
| Sunoco Logistics, L.P., Deputy Sheriff Poe, Nick Johnson, Unnamed Deputy Sheriffs #1-10, Lieutenant William Benson, Unnamed Troopers #1-10, Deputy Sheriff Roe, Sheriff William Walters, Energy Transfer Partners, L.P., Deputy Sheriff Doe, Trooper Michael Ehgartner, Trooper Dunsmore, Tigerswan, LLC, Sunoco Pipeline, L.P., Jeffrey E. Leonard, Nathan Betts, Daniel McCartney, Deputy Larry Cressman and Nathan Goshon |
| 1:2017cv01726 |
| September 25, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Huntingdon |
| Yvette Kane |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
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Filing 155
ORDER DISMISSING - AND NOW, on this 2nd day of March 2023, upon notice from Magistrate Judge Carlson that the partieswith the exception of Plaintiff Alex Lortotos malicious prosecution claim against Defendant Trooper Michael Ehgartnerhave reached a settlement of this matter, and in light of Plaintiffs counsels subsequently filed letter indicating that the parties have made significant progress towards resolving this last remaining claim as well and seeking a sixty (60) day order dismissing this action without prejudice to its reinstatement if settlement is not consummated (Doc. No. 154), IT IS ORDERED THAT this action is dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reinstate the action within sixty (60) days if settlement is not consummated. IT IS FURTHER ORDERED THAT the parties are directed to submit, within sixty (60) days of the date of this Order, a joint status report addressing whether the instant action should be dismissed with or without prejudice. Should the parties fail to submit a timely status report in accordance with this Order, the Court will deem the dismissal of this action to be with prejudice. The status conference scheduled for March 8, 2023, at 10:30 a.m. is CANCELLED. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 3/2/23. (dmn)
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| Filing 154 Letter from Plaintiff re: Upcoming Status Conference. (Markos, Christopher) |
| REPORT OF SETTLEMENT OFFICER - Settlement Reached (jw) |
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Filing 152
SCHEDULING ORDER - Settlement Conference set for 2/28/2023 at 01:00 PM before Magistrate Judge Martin C. Carlson. By February 21, 2023, the parties shall begin the settlement process by exchanging a demand by the plaintiff, and a counter-offer by the defendants. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on 2/15/2023. (mw)
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Filing 151
SCHEDULING ORDER: AND NOW, on this 8th day of February 2023, IT IS ORDERED THAT the telephone status conference scheduled on February 15, 2023, is RESCHEDULED for March 8, 2023, at 10:30 a.m. Plaintiffs counsel shall initiate the conference call. The telephone number for purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 2/8/23. (dmn)
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Filing 150
ORDER - IT IS HEREBY ORDERED THAT the settlement conference scheduled for February 9, 2023 at 1:00 p.m., is POSTPONED. Counsel for the plaintiffs and those defendants who are currently interested in examining whether grounds exist for a resolution of some claims in this litigation are ORDERED to consult, confer, and report to the court by February 17, 2023. Signed by Magistrate Judge Martin C. Carlson on February 7, 2023. (kjn)
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Filing 148
SCHEDULING ORDER - A Settlement Conference is set for 2/9/2023 at 1:00 PM in Harrisburg before Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C. Carlson on January 9, 2023. (kjn)
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Filing 147
Order Referring Case to Chief MJ Mehalchick - AND NOW, on this 21st day of December 2022, in accordance with the telephonic status conference conducted on this date, IT IS ORDERED THAT the above-captioned action is referred to Chief Magistrate Judge Mehalchick for assignment to a Magistrate Judge of this Court to conduct a mediation/settlement conference. IT IS FURTHER ORDERED THAT a telephone status call will be held on February15, 2023, at 10:00 a.m. Plaintiffs counsel shall initiate the call. The telephone number for purposes of the call is 717-221-3990. Signed by Honorable Yvette Kane on 12/21/22. (dmn)
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| VERBAL ORDER by Chief Magistrate Judge Karoline Mehalchick Referring case to Magistrate Judge Martin C. Carlson for purposes of conducting a settlement conference. (cw) |
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Filing 145
SCHEDULING ORDER: AND NOW, on this 13th day of December 2022, IT IS ORDERED THAT a telephone conference will be held on December 21, 2022, at 10:30 a.m. to discuss the status of this case. Plaintiffs counsel shall initiate the conference call. The telephone number for the purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 12/13/22. (dmn)
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Filing 144
ORDER - AND SO, on this 4th day of November 2022, upon consideration of the parties letter submissions and related exhibits (Doc. Nos. 134-38), IT IS ORDERED THAT TigerSwan shall provide to Plaintiffs counsel, within five (5) days of the date of this Order, a copy of the NDA described herein, supra, and provided to the Court by TigerSwan for in camera review. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 11/4/22. (dmn)
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Filing 143
ORDER granting #142 - The deadline for Defendant Tigerswan, LLC to Respond to Request No. 2 of Plaintiffs Amended Third Set of Requests for Production of Documents is extended to October 7, 2022. Signed by Honorable Yvette Kane on 9/15/22. (dmn)
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| Filing 142 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Oustanding Discovery as Set Forth in Order (DOC 141) dated 9/6/2022 by Tigerswan, LLC. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Lavery, Frank) |
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Filing 141
ORDER: Pltfs request for an order compelling TigerSwan to produce outstanding discovery is GRANTED to the extent that, on or before 9/16/22, TigerSwan shall:1. Provide to the Court for in camera review a copy of the NDA identified in Pltfs letter submissions (Docs. #134 , #138 and referenced in TigerSwans letter response (Doc. No. #137 at 4) by hand-delivering a copy of the NDA to the Office of the Clerk of Court in both digital and hard-copy format; and2. Respond to Request Nos. 2, 3, 6, 7, and 8 of Pltfs Third Set of Requests for Production of Documents (Doc. No. 134-138). #134 , #135 , #136 , #137 , #138 . Signed by Honorable Yvette Kane on 9/6/22. (ma)
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| Filing 140 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Elizabeth Kramer terminated on behalf of Tigerswan, LLC. (Kramer, Elizabeth) |
| Filing 139 NOTICE of Appearance by Murray Joseph Weed on behalf of Tigerswan, LLC (Weed, Murray) |
| Filing 138 Letter from Plaintiff in Reply to Responses of Defendants Johnson and TigerSwan to Plaintiff's April 25th Letter (ECF No. 134) . (Attachments: #1 Exhibit(s) 39)(Markos, Christopher) |
| Filing 137 Letter from Defendant TigerSwan responding to Plaintiffs' Discovery Dispute Letter. (Kramer, Elizabeth) |
| Filing 136 Letter from Defendant Johnson Responding to Plaintiffs' April 25, 2022 Letter. (Gerber, Christopher) |
| Filing 135 Letter from Sunoco Defendants responding to Plaintiffs' letter dated April 25, 2022. (Boynton, Alan) |
| Filing 134 Letter from Plaintiffs . (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Exhibit(s) 35, #36 Exhibit(s) 37, #37 Exhibit(s) 38, #38 Exhibit(s) McKinnon Transcript)(Markos, Christopher) |
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Filing 133
ORDER - AND NOW, on this 3rd day of May 2022, IT IS ORDERED THAT: 1. Counsel for all Defendants shall file responses, by Tuesday, May 10, 2022, to the April 25, 2022 letter submitted to the Court via email by counsel for Plaintiffs; 2. Counsel for Plaintiffs shall resubmit the April 25, 2022 letter by filing it in the Courts Electronic Case Filing (ECF) system; and 3. The May 4, 2022 conference is CANCELED and will be rescheduled following Defendants submission of letters in accordance with paragraph 1 of this Order. Signed by Honorable Yvette Kane on 5/3/22. (dmn)
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| Filing 132 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Lindsey A. Bedell terminated on behalf of. (Bedell, Lindsey) |
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Filing 131
ORDER - ACCORDINGLY, on this 4th day of March 2022, upon consideration of the parties letter submissions and oral arguments, IT IS ORDERED THAT Plaintiffs request to broaden the scope of discovery in connection with unrelated pipeline projects is DENIED. IT IS FURTHER ORDERED THAT the parties joint motion for an extension of time to complete discovery (Doc. No. #129 ) is GRANTED, the deadline for the close of fact discovery is extended to May 2, 2022, and a post-discovery telephone status conference will be held on May 4, 2022, at 10:00 a.m. Plaintiffs counsel shall initiate the call. The telephone number for the purposes of the call is (717) 221-3990. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 3/4/22. (dmn)
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| Filing 129 Second MOTION for Extension of Time to Case Management Deadlines by Elise Gerhart. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Certificate of Service)(Markos, Christopher) |
| Filing 128 Letter from Kandice K. Hull . (Hull, Kandice) |
| Filing 127 Letter from Defendant TigerSwan Regarding Discovery Dispute . (Lavery, Frank) |
| Filing 126 Letter from Defendant Johnson Regarding Discovery Dispute. (Gerber, Christopher) |
| Filing 125 Letter from Plaintiffs regarding discovery dispute. (Markos, Christopher) |
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Filing 124
ORDER - AND NOW, on this 10th day of February 2022, IT IS ORDERED THAT counsel for Defendants Nick Johnson and TigerSwan shall file a response, by close of business Monday, February 14, 2022, to the February 7, 2022 letter submitted to the Court via email by counsel for Plaintiffs. IT IS FURTHER ORDERED that counsel for Plaintiffs shall resubmit the February 7, 2022 letter by filing it in the Courts Electronic Case Filing (ECF) system. Signed by Honorable Yvette Kane on 2/10/22. (dmn)
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Filing 123
ORDER granting #122 Motion to Extend Time. See order for all details and deadlines. (eo)
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| Filing 122 Joint MOTION for Extension of Time to Extend Scheduling Deadlines by Tigerswan, LLC. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Lavery, Frank) |
| Filing 121 NOTICE of Change of Address by Jessica S. Davis (Davis, Jessica) |
| Filing 120 NOTICE of Appearance by Connie Henderson on behalf of Nick Johnson (Henderson, Connie) |
| Filing 119 Letter from Stephen A. Moore, Firm Counsel, Re: Pursuant to the Rules of Professional Conduct(and specifically Rule 1.12). (ga) |
| Filing 118 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Anthony Joseph DelGrosso terminated on behalf of Nick Johnson. (DelGrosso, Anthony) |
| Filing 117 NOTICE of Appearance by Kandice Kerwin Hull on behalf of Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Hull, Kandice) |
| Filing 116 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Andrew W. Norfleet terminated on behalf of Tigerswan, LLC. (Norfleet, Andrew) |
| DOCKET ANNOTATION: Doc. 117 deleted. Docketed to wrong case. (dmn) |
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Filing 115
SCHEDULING ORDER: AND NOW, on this 18th day of February 2021, in accordance with the Case Management Conference Call having been held before the Court on this date, IT IS ORDERED THAT: Close of Fact Discovery shall be completed by December 31, 2021. Telephonic Post Discovery Status Conference set for 1/6/2022 at 10:00 AM before Honorable Yvette Kane. See Order for further details. Signed by Honorable Yvette Kane on 2/18/21. (dmn)
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| Filing 113 CASE MANAGEMENT PLAN by Ellen Gerhart. (Markos, Christopher) |
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Filing 112
SCHEDULING ORDER: A Case Management conference will be conducted by the court on February 18, 2021 at 11:30 a.m. The court prefers to hold this conference by telephone. Plaintiffs counsel shall initiate this telephone conference. The telephone number of the court is 717-221-3990. Counsel should be prepared to address any pending motions at the conference. Counsel are advised to comply with Rule 16.3(a) of the Rules of Court for the Middle District of Pennsylvania. Local Rule 16.3 requires lead counsel for each party to meet prior to the case management conference and complete a Joint Case Management Plan form. The completed form, which is set forth in Appendix A of the local rules, must be filed jointly by the parties on or before February 11, 2021. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 1/8/21. (dmn)
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| Filing 111 ANSWER to #101 Counterclaim, , ANSWER to #101 Counterclaim, by Ellen Gerhart.(Markos, Christopher) |
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Filing 110
ORDER (memorandum filed previously as separate docket entry #109 ) - AND NOW, on this 4th day of November 2020, upon consideration of Counterclaim Defendant Ellen Gerhart (Gerhart)s motions to dismiss (Doc. Nos. 93, 104), and in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT: 1. Gerharts motion to dismiss (Doc. No. 104) Counterclaimants amended counterclaims (Doc. No. 101) is GRANTED IN PART and DENIED IN PART - SEE ORDER FOR FURTHER DETAILS.Signed by Honorable Yvette Kane on 11/4/20. (dmn)
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| Filing 109 MEMORANDUM (Order to follow as separate docket entry #110 ) - See Memorandum for further details. Signed by Honorable Yvette Kane on 11/4/20. (dmn) |
| Filing 108 REPLY BRIEF re #104 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ellen Gerhart.(Markos, Christopher) |
| Filing 107 BRIEF IN OPPOSITION re #104 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Motion to Dismiss Amended Counterclaims filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 106 BRIEF IN SUPPORT re #104 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ellen Gerhart.(Markos, Christopher) |
| Filing 105 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Peter J. Carfley terminated on behalf of. (Carfley, Peter) |
| Filing 104 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ellen Gerhart. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Markos, Christopher) |
| Filing 103 ANSWER to #60 Amended Complaint by Nick Johnson.(Gerber, Christopher) |
| Filing 102 ANSWER to #60 Amended Complaint (second) with Affirmative Defenses by Tigerswan, LLC.(Lavery, Frank) |
| Filing 101 AmendedAmended COUNTERCLAIM against Ellen Gerhart, AmendedAmended COUNTERCLAIM against Ellen Gerhart, filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 100 BRIEF IN SUPPORT re #93 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ellen Gerhart.(Markos, Christopher) |
| Filing 99 ANSWER to #60 Amended Complaint by William Benson, Dunsmore, Michael Ehgartner.(Bedell, Lindsey) |
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Filing 98
ORDER - AND NOW, this 12th day of May 2020, upon consideration of the Motion of Defendant, Nick Johnson, to Extend the Deadline to Answer the Second Amended Complaint, it is hereby ORDERED and DECREED that the Motion is GRANTED. The Defendant is directed to file an Answer to the Second Amended Complaint on or before May 27, 2020. Signed by Honorable Yvette Kane on 5/12/20. (dmn)
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| Filing 97 MOTION for Extension of Time to File Answer re #60 Amended Complaint by Nick Johnson. (Attachments: #1 Proposed Order)(Gerber, Christopher) |
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Filing 96
ORDER - AND NOW, on this 12th day of May, 2020, upon consideration of Defendant Tigerswan, LLCs Motion for Extension of Time to File an Answer to Plaintiffs Second Amended Complaint, said Motion is hereby GRANTED, and it is ORDERED that the deadline for Defendant Tigerswan, LLC to File an Answer to Plaintiffs Second Amended Complaint is extended to May 27, 2020. Signed by Honorable Yvette Kane on 5/12/20. (dmn)
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| Filing 95 ANSWER to #60 Amended Complaint (Second) by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 94 Unopposed MOTION for Extension of Time to File an Answer to Plaintiffs' Second Amended Complaint by Tigerswan, LLC. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Kramer, Elizabeth) |
| Filing 93 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ellen Gerhart. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Markos, Christopher) |
| Filing 92 COUNTERCLAIM against Ellen Gerhart, COUNTERCLAIM against Ellen Gerhart, filed by Sunoco Logistics, L.P., Energy Transfer Partners, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
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Filing 91
ORDER (memorandum filed previously as separate docket entry #90 ) - AND NOW, on this 30th day of March 2020, upon consideration of Defendants motions to dismiss Plaintiffs second amended complaint (Doc. Nos. 61-64), and in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT the motions are GRANTED IN PART and DENIED IN PART. See Order for further details.Signed by Honorable Yvette Kane on 3/30/20. (dmn)
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| Filing 90 MEMORANDUM (Order to follow as separate docket entry #91 ) - See Memorandum for further details.Signed by Honorable Yvette Kane on 3/30/20. (dmn) |
| Filing 89 REPLY BRIEF re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Response to Plaintiff's Sur-Reply Brief filed by Tigerswan, LLC.(Lavery, Frank) |
| Filing 88 BRIEF IN SUPPORT re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Attachments: #1 Appendix)(Boynton, Alan) |
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Filing 87
ORDER - AND NOW, on this 28th day of January 2020, upon consideration of Plaintiffs motion for leave to file a sur-reply brief (Doc. No. 79) and brief in support thereof (Doc. No. 83), Defendant TigerSwan, LLCs brief in opposition to Plaintiffs motion (Doc. No. 85), and Defendants Energy Transfer Partners, L.P., Sunoco Pipeline, L.P., and Sunoco Logistics, L.P. (the Sunoco Defendants) brief in opposition to Plaintiffs motion (Doc. No. 86), IT IS ORDERED THAT Plaintiffs motion for leave to file a sur-reply brief (Doc. No. 79) is GRANTED. Plaintiffs sur-reply brief (Doc. No. 83-1) is DEEMED FILED as of the date of this Order. Defendants may file responses to Plaintiffs sur-reply brief within fourteen (14) days of the date of this Order. Signed by Honorable Yvette Kane on 1/28/20. (dmn)
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| Filing 86 BRIEF IN OPPOSITION re #79 MOTION for Leave to File Sur-Reply Nunc Pro Tunc filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 85 BRIEF IN OPPOSITION re #79 MOTION for Leave to File Sur-Reply Nunc Pro Tunc filed by Tigerswan, LLC. (Attachments: #1 Exhibit(s) Beckerman v. Weber, #2 Exhibit(s) Toribio v. Spence, #3 Exhibit(s) Link v. Adamski, #4 Exhibit(s) Dillard v. Cornick, #5 Exhibit(s) Galligani v. N. York County Reg'l Police Dep't, #6 Exhibit(s) Mill Bridge V, Inc. v. Benton, #7 Exhibit(s) Ford v. City of Harrisburg)(Lavery, Frank) |
| Filing 84 NOTICE of Appearance by Andrew W. Norfleet on behalf of Tigerswan, LLC. (Norfleet, Andrew) |
| Filing 83 BRIEF IN SUPPORT re #79 MOTION for Leave to File Sur-Reply Nunc Pro Tunc filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Attachments: #1 Exhibit(s) B)(Markos, Christopher) |
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Filing 82
ORDER re #79 - AND NOW, on this 18th day of December 2019, IT IS ORDERED THAT Plaintiffs are directed to file, within ten (10) days of the date of this Order, a brief in support of their motion for leave to file a sur-reply brief (Doc. No. 79). If Plaintiffs fail to file a brief in support of their motion within that period, Plaintiffs motion shall be deemed withdrawn pursuant to Local Rule 7.5.Signed by Honorable Yvette Kane on 12/18/19. (dmn)
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| Filing 81 NOTICE of Appearance by Anthony Joseph DelGrosso on behalf of Nick Johnson (DelGrosso, Anthony) |
| Filing 80 AMENDED DOCUMENT by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. Amendment to #79 MOTION for Leave to File Sur-Reply Nunc Pro Tunc Amended Proposed Order. (Markos, Christopher) |
| Filing 79 MOTION for Leave to File Sur-Reply Nunc Pro Tunc by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Attachments: #1 Exhibit(s) A)(Markos, Christopher) |
| Filing 78 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Joshua M. Autry terminated on behalf of Defendant Tigerswan, LLC. (Autry, Joshua) |
| Filing 77 Supplement by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. to #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit(s))(Boynton, Alan) |
| Filing 76 Supplement by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. to #75 Supplement . (Boynton, Alan) |
| Filing 75 Supplement by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. to #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Boynton, Alan) |
| Filing 74 REPLY BRIEF re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tigerswan, LLC.(Lavery, Frank) |
| Filing 73 REPLY BRIEF re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 72 REPLY BRIEF re #64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William Benson, Dunsmore, Michael Ehgartner.(Bedell, Lindsey) |
| Filing 71 BRIEF IN OPPOSITION re #64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Attachments: #1 Unpublished Opinion(s))(Markos, Christopher) |
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Filing 70
ORDER - IT IS ORDERED THAT Plaintiffs motion (Doc. No. 69), is GRANTED. Plaintiffs may file a response to the motions to dismiss, not to exceed 60 pages or 20,000 words, on or before March 4, 2019. Signed by Honorable Yvette Kane on 2/19/19 (ve)
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| Filing 69 Unopposed MOTION for Extension of Time to Seven Days, and Leave to File Single Response in Excess of Page and Word Limits of Local Rule 7.8(b) by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 68 BRIEF IN SUPPORT re #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nick Johnson.(Gerber, Christopher) |
| Filing 67 BRIEF IN SUPPORT re #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tigerswan, LLC.(Lavery, Frank) |
| Filing 66 BRIEF IN SUPPORT re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P..(Boynton, Alan) |
| Filing 65 BRIEF IN SUPPORT re #64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William Benson, Dunsmore, Michael Ehgartner.(Bedell, Lindsey) |
| Filing 64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Benson, Dunsmore, Michael Ehgartner. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Bedell, Lindsey) |
| Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nick Johnson. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence /Non-Concurrence)(Gerber, Christopher) |
| Filing 62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Attachments: #1 Proposed Order, #2 Appendix)(Boynton, Alan) |
| Filing 61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tigerswan, LLC. (Attachments: #1 Certificate of Concurrence/Non-Concurrence, #2 Proposed Order)(Lavery, Frank) |
| Filing 60 AMENDED COMPLAINT (Second) against All Defendants, filed by Elizabeth Glunt, Ellen Gerhart, Elise Gerhart, Alex Lotorto.(Markos, Christopher) |
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Filing 58
ORDER (memorandum filed previously as separate docket entry) - AND NOW, on this 14th day of December 2018, upon consideration of Defendants motions to dismiss (Doc. Nos. 17, 19, 33, 47), and in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT: 1. Defendants motions to dismiss (Docs. Nos. 17, 19, 33, 47), are GRANTED AS FOLLOWS:a. Plaintiffs federal law claims asserted in Counts I, II, and IV of the amended complaint (Doc. No. 49-1), against Defendants Sheriff William Walters and Deputy Sheriffs Jeffrey E. Leonard, Nathan Betts, and Daniel McCartney are DISMISSED with prejudice; b. The following claims against the following Defendants are DISMISSED without prejudice to the Plaintiffs filing of a second amended complaint in this matter within thirty (30) days of the date of this Order that corrects the pleading deficiencies identified in the Memorandum issued concurrently with this order: i. Plaintiffs federal and state law claims asserted in Counts I, II, III, IV, V, VI, VII, and VIII of the amended complaint (Doc. No. 49-1), against Defendants Energy Transfer Partners, L.P.; Sunoco Pipeline, L.P.; and Sunoco Logistics, L.P.; ii. Plaintiffs state law claims asserted in Counts VI, VII, and VIII of the amended complaint (Doc. No. 49-1), against Defendant TigerSwan, LLC; andiii. Plaintiffs state law claims asserted in Count VII of the amended complaint (Doc. No. 49-1), against Defendant Nick Johnson; and 2. The Clerk of Court is directed to TERMINATE Defendants Sheriff William Walters and Deputy Sheriffs Jeffrey E. Leonard, Nathan Betts, Daniel McCartney, Larry Cressman, and Nathan Goshorn from the above-captioned action.Signed by Honorable Yvette Kane on 12/14/18. (dmn)
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| Filing 57 MEMORANDUM re #17 , #19 , #33 and #47 (Order to follow as separate docket entry) - SEE MEMORANDUM FOR FURTHER DETAILS.Signed by Honorable Yvette Kane on 12/14/18. (dmn) |
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Filing 56
ORDER - IT IS ORDERED THAT Defendants motion #20 , is deemed WITHDRAWN pursuant to Local Rule 7.5.1 See L.R. 7.5 (If a supporting brief is not filed within the time provided in this rule the motion shall be deemed to be withdrawn.). Signed by Honorable Yvette Kane on 9/28/18 (ve)
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| Filing 55 ANSWER to #1 Complaint With Affirmative Defenses by William Benson, Dunsmore, Michael Ehgartner.(Bedell, Lindsey) |
| Filing 54 REPLY BRIEF re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Nick Johnson.(Gerber, Christopher) |
| Filing 53 NOTICE of Appearance by Elizabeth Kramer on behalf of Tigerswan, LLC. (Kramer, Elizabeth) |
| Filing 52 BRIEF IN OPPOSITION re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 59 AMENDED COMPLAINT against William Benson, Dunsmore, Michael Ehgartner, Energy Transfer Partners, L.P., Nick Johnson, Sunoco Logistics, L.P., Sunoco Pipeline, L.P., Tigerswan, LLC, Unnamed Troopers #1-10, William Walters, Jeffrey E. Leonard, Nathan Betts, Daniel McCartney, Larry Cressman, Nathan Goshon, filed by Elizabeth Glunt, Ellen Gerhart, Elise Gerhart, Alex Lotorto.(ve) |
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Filing 51
ORDER - IT IS ORDERED that Plaintiffs Unopposed Motion #49 to Amend/Correct, is GRANTED. Plaintiffs Amended Complaint is deemed filed as of March 22, 2018. IT IS FURTHER ORDERED that all motions that were filed by the Defendants to dismiss the Complaint shall be deemed to be the responsive pleadings to the Amended Complaint and it is further ordered that all briefs filed in support of, and in opposition to, said motions to dismiss will be treated as the briefs in support of, and in opposition to, the motions to dismiss the Amended Complaint. Signed by Honorable Yvette Kane on 3/26/18 (rw)
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| Filing 50 BRIEF IN SUPPORT re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nick Johnson.(Gerber, Christopher) |
| Filing 49 Unopposed MOTION to Amend/Correct the Complaint by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Attachments: #1 Exhibit(s) A)(Markos, Christopher) |
| Filing 48 REPLY BRIEF re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tigerswan, LLC.(Lavery, Frank) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nick Johnson. (Attachments: #1 Proposed Order)(Gerber, Christopher) |
| Filing 46 NOTICE of Appearance by Christopher P. Gerber on behalf of Nick Johnson. (Gerber, Christopher) |
|
Filing 45
ORDER - IT IS ORDERED that the Motion #44 for Extension of Time to File Response/Reply re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is GRANTED. Defendant TigerSwans Brief is due on or before March 20, 2018. Signed by Honorable Yvette Kane on 3/6/18 (rw)
|
| Filing 44 MOTION for Extension of Time to File Brief to #43 Brief in Opposition filed by Tigerswan, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Autry, Joshua) |
| Filing 43 BRIEF IN OPPOSITION re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 42 SUMMONS Returned Executed by Elizabeth Glunt, Ellen Gerhart, Elise Gerhart, Alex Lotorto. Nick Johnson served on 2/15/2018, answer due 3/8/2018. (Markos, Christopher) |
|
Filing 41
ORDER - IT IS ORDERED that the Unopposed Motion #40 for an Extension of Time to File a Brief in Response is GRANTED. Plaintiff may file his brief in response to Defendant TigerSwans Motion #33 to Dismiss on or before February 20, 2018. Signed by Honorable Yvette Kane on 2/7/18. (rw)
|
| Filing 40 MOTION for Extension of Time to Respond to Motion to Dismiss by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 39 BRIEF IN SUPPORT re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tigerswan, LLC.(Autry, Joshua) |
|
Filing 38
ORDER - upon consideration of Defendant TigerSwans Motion #36 to Extend the Deadline for filing their Brief in Support of their Motion to Dismiss, IT IS ORDERED that said Motion is GRANTED. Defendant TigerSwans Brief is due on or before January 30, 2018. Signed by Honorable Yvette Kane on 1/24/18. (rw)
|
| Filing 37 REPLY BRIEF re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Attachments: #1 Appendix)(Boynton, Alan) |
| Filing 36 MOTION for Extension of Time to File Brief to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tigerswan, LLC. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Autry, Joshua) |
| Filing 35 BRIEF IN OPPOSITION re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 34 STATUS REPORT by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Markos, Christopher) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tigerswan, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Lavery, Frank) |
| Filing 32 REPLY BRIEF re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Opposition to Defendants' filed by Doe, Poe, Roe, William Walters.(Maierhofer, Mary Lou) |
|
Filing 31
ORDER - upon consideration of Plaintiffs Unopposed Motion #30 for an Extension of Time, and Defendants Concurrence therewith, IT IS ORDERED that Plaintiffs motion is GRANTED. Plaintiff may file his brief in response to Defendant Energy Transfer Partners, LPs Motion #19 , on or before January 9, 2018. Signed by Honorable Yvette Kane on 12/19/17. (rw)
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| Filing 30 MOTION for Extension of Time to Respond to Motion to Dismiss by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto.(Markos, Christopher) |
| Filing 29 BRIEF IN SUPPORT re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Attachments: #1 Unpublished Opinion(s))(Boynton, Alan) |
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Filing 28
ORDER IT IS ORDERED tha the Upopposed Motion #26 to Extend Time is GRANTED. The Brief in Support of PSP Defendants shall be due on or before January 2, 2018. Signed by Honorable Yvette Kane on 12/12/17 (rw)
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| Filing 27 BRIEF IN OPPOSITION re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto. (Attachments: #1 Proposed Order, #2 Unpublished Opinion(s))(Markos, Christopher) |
| Filing 26 Unopposed MOTION for Extension of Time to File Brief in Support of Motion to Dismiss by William Benson, Dunsmore, Michael Ehgartner.(Davis, Jessica) |
| Filing 25 NOTICE of Appearance by Jessica S. Davis on behalf of William Benson, Dunsmore, Michael Ehgartner (Davis, Jessica) |
| Filing 24 WAIVER OF SERVICE Returned by Tigerswan, LLC. Tigerswan, LLC waiver sent on 10/31/2017, answer due 1/2/2018. (Lavery, Frank) |
| Filing 23 NOTICE of Appearance by Frank J. Lavery, Jr on behalf of Tigerswan, LLC (Lavery, Frank) |
| Filing 22 NOTICE of Appearance by Joshua M. Autry on behalf of Tigerswan, LLC (Autry, Joshua) |
| Filing 21 NOTICE of Appearance by Peter J. Carfley on behalf of Tigerswan, LLC (Carfley, Peter) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Benson, Dunsmore, Michael Ehgartner. (Attachments: #1 Proposed Order)(Bedell, Lindsey) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Attachments: #1 Appendix, #2 Proposed Order)(Boynton, Alan) |
| Filing 18 BRIEF IN SUPPORT re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Doe, Poe, Roe, William Walters.(Maierhofer, Mary Lou) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Doe, Poe, Roe, William Walters. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Proposed Order Proposed Order)(Maierhofer, Mary Lou) |
| Filing 16 WAIVER OF SERVICE Returned by Elise Gerhart. Roe waiver sent on 10/3/2017, answer due 12/4/2017. (Markos, Christopher) |
| Filing 15 WAIVER OF SERVICE Returned by Elise Gerhart. Doe waiver sent on 9/29/2017, answer due 11/28/2017. (Markos, Christopher) |
| Filing 14 WAIVER OF SERVICE Returned by Elise Gerhart. Poe waiver sent on 10/2/2017, answer due 12/1/2017. (Markos, Christopher) |
| Filing 13 WAIVER OF SERVICE Returned by Elise Gerhart. William Walters waiver sent on 9/29/2017, answer due 11/28/2017. (Markos, Christopher) |
| Filing 12 WAIVER OF SERVICE Returned by Dunsmore, William Benson, Michael Ehgartner. Dunsmore waiver sent on 10/2/2017, answer due 12/1/2017; William Benson waiver sent on 10/2/2017, answer due 12/1/2017; Michael Ehgartner waiver sent on 10/2/2017, answer due 12/1/2017. (Bedell, Lindsey) |
| Filing 11 NOTICE of Appearance by Lindsey A. Bedell on behalf of William Benson, Dunsmore, Michael Ehgartner (Bedell, Lindsey) |
| Filing 10 NOTICE of Appearance by Mary Lou Maierhofer on behalf of Doe, Poe, Roe, William Walters (Maierhofer, Mary Lou) |
| DOCKET ANNOTATION: Document 7 (Letter) deleted as it was filed in the wrong case. (rw) |
| Filing 9 NOTICE of Appearance by Stephanie Carfley on behalf of Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P.. (Carfley, Stephanie) |
| Filing 8 WAIVER OF SERVICE Returned by Elizabeth Glunt, Ellen Gerhart, Elise Gerhart. Energy Transfer Partners, L.P. waiver sent on 9/29/2017, answer due 11/28/2017. (Markos, Christopher) |
| Filing 6 LETTER addressed to counsel, Re: Case Assignment and Procedures. Signed by Honorable Yvette Kane on 10/13/17. (rw) |
| Filing 5 NOTICE of Appearance by Carol Steinour Young on behalf of Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P. (Young, Carol) |
| Filing 4 NOTICE of Appearance by Alan R. Boynton, Jr on behalf of Energy Transfer Partners, L.P., Sunoco Logistics, L.P., Sunoco Pipeline, L.P. (Boynton, Alan) |
| Filing 3 EXHIBIT A to Complaint by Elise Gerhart, Ellen Gerhart, Elizabeth Glunt, Alex Lotorto re #1 Complaint. (Markos, Christopher) |
| Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4206573), filed by Elizabeth Glunt, Ellen Gerhart, Elise Gerhart, Alex Lotorto. (Attachments: #1 Civil Cover Sheet)(aaa) |
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