State Farm Fire & Casualty Co. et al v. Traditions of America, LP et al
| State Farm Fire & Casualty Co. and Amy Roe |
| Elite Mechanical Group, Traditions of America, LP and Goodman Manufacturing Company, L.P. |
| Nidec Motor Corporation |
| 1:2020cv01114 |
| June 30, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Jennifer P Wilson |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 86 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Brian L. Wolensky terminated. Attorney Rebecca Leonard for Nidec Motor Corporation added. (Wolensky, Brian) |
Filing 85
ORDER DISMISSING CASE - IT IS ORDERED as follows: 1. All deadlines in this action are STAYED; 2. The Clerk of Court is ordered to mark this matter CLOSED for administrative purposes only; 3. The parties shall file an appropriate stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a),1 which specifies whether the dismissal will be with or without prejudice. See order for further details. Signed by Honorable Jennifer P. Wilson on 1/31/2022. (ve)
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| Filing 84 SETTLEMENT AGREEMENT by State Farm Fire & Casualty Co.. (de Luca, Daniel) |
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Filing 83
ORDER 1) The report and recommendation, Doc. 82, is ADOPTED in its entirety;2) Defendant Goodmans motion for judgment on the pleadings, Doc. 50, is GRANTED. 3) Because Defendant Goodman is presently no longer a party to this action, the amended third-party complaint, Doc. 70, against Third-Party Defendant Nidec Motor Corporation is DISMISSED WITHOUT PREJUDICE.4) Furthermore, Third-Party Defendant Nidec Motor Corporations motions to dismiss, Docs. 72 & 77, are DENIED AS MOOT. 5) Plaintiff may file a second amended complaint within 30 days of this order. 6) If Plaintiff fails to file a second amended complaint, the amended complaint, Doc. 9, shall remain the operative complaint with Counts VI, VII, and VIII dismissed. (eo)
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| Filing 82 REPORT AND RECOMMENDATIONS re #50 MOTION for Judgment on the Pleadings filed by Goodman Manufacturing Company, L.P. - Based on the foregoing, it is respectfully recommended that the Court GRANT Goodmans motion for judgment on the pleadings. (Doc. 50). Additionally, it is recommended that State Farm be granted thirty (30) days in which to file a second amended complaint. Objections to R&R due by 1/11/2022. Signed by Chief MJ Karoline Mehalchick on 12/28/2021. (cw) |
| Filing 81 REPLY BRIEF re #77 MOTION to Dismiss Elite Mechanical Group's Amended Cross-Claim (Doc #74) filed by Nidec Motor Corporation.(Wolensky, Brian) |
| Filing 80 BRIEF IN OPPOSITION re #77 MOTION to Dismiss Elite Mechanical Group's Amended Cross-Claim (Doc #74) filed by Elite Mechanical Group.(Clayberger, Matthew) Modified on 11/24/2021 (ve). |
| Filing 79 REPLY BRIEF re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nidec Motor Corporation. (Attachments: #1 Certificate of Service)(Wolensky, Brian) |
| Filing 78 BRIEF IN SUPPORT re #77 MOTION to Dismiss Elite Mechanical Group's Amended Cross-Claim (Doc #74) filed by Nidec Motor Corporation. (Attachments: #1 Certificate of Service)(Wolensky, Brian) |
| Filing 77 MOTION to Dismiss Elite Mechanical Group's Amended Cross-Claim (Doc #74) by Nidec Motor Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Wolensky, Brian) |
| DOCKET ANNOTATION: Counsel is advised to file the Brief in Support of Doc 77 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)- Brief in Support (Do not use for Summary Judgment Motions). (pjr) |
| Filing 76 BRIEF IN OPPOSITION re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Goodman Manufacturing Company, L.P.. (Attachments: #1 Memo of Law, #2 Proposed Order)(Dietrich, Gerhard) |
| Filing 75 BRIEF IN OPPOSITION re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 74 Amended CROSSCLAIM against Nidec Motor Corporation, Amended CROSSCLAIM against Nidec Motor Corporation, filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 73 BRIEF IN SUPPORT THIRD-PARTY DEFENDANT, NIDEC MOTOR CORPORATION, 12(B)(6) re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nidec Motor Corporation.(Wolensky, Brian) |
| Filing 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nidec Motor Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Wolensky, Brian) |
| Filing 71 THIRD Party Summons Issued as to Nidec Motor Corporation. (aaa) |
| Filing 70 AMENDED 3rd PARTY COMPLAINT against Nidec Motor Corporation, filed by Goodman Manufacturing Company, L.P.. (Attachments: #1 Summons)(Dietrich, Gerhard) |
| VERBAL ORDER - Referring case to Chief MJ Karoline Mehalchick for referral of pretrial management up to and including Report and Recommendation on the pending motion for summary judgment (Doc. 50). (cw) |
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Filing 69
Order Referring Case to Chief MJ Mehalchick for Referral of pretrial management up to and including Report and Recommendation on the pending motion for judgment on the pleadings, Doc. 50, to a U.S.Magistrate Judge. Signed by Honorable Jennifer P. Wilson on 10/8/2021. (ve)
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| Filing 68 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Amanda Cunha terminated on behalf of Goodman Manufacturing Company, L.P.. (Cunha, Amanda) |
| Filing 67 SUR REPLY re #50 MOTION for Judgment on the Pleadings filed by State Farm Fire & Casualty Co..(ve) |
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Filing 66
ORDER granting #61 Motion for Leave to File. Signed by Honorable Jennifer P. Wilson on 9/23/2021 (ve)
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| Filing 65 CERTIFICATE of of Non Concurrence by State Farm Fire & Casualty Co. re #61 MOTION for Leave to File Sur Reply . (de Luca, Daniel) |
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Filing 64
ORDER granting #63 Motion to Extend Time. Signed by Honorable Jennifer P. Wilson on 9/20/2021 (ve)
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| Filing 63 Unopposed MOTION for Extension of Time to to file amended third-party complaint against Nidec by Goodman Manufacturing Company, L.P.. (Attachments: #1 Exhibit(s) A, #2 Proposed Order, #3 Certificate of Concurrence)(Cunha, Amanda) |
| Filing 62 AMENDED DOCUMENT by State Farm Fire & Casualty Co.. Amendment to #61 MOTION for Leave to File Sur Reply Proposed Order. (de Luca, Daniel) |
| DOCKET ANNOTATION: Counsel is directed to file a certificate of concurrence/nonconcurrence to the motion (Doc. 61). (ve) |
| DOCKET ANNOTATION: Counsel is directed to file a proposed order for Doc. 61. (ve) |
| Filing 61 MOTION for Leave to File Sur Reply by State Farm Fire & Casualty Co.. (Attachments: #1 Exhibit(s))(de Luca, Daniel) |
| Filing 60 REPLY BRIEF re #50 MOTION for Judgment on the Pleadings filed by Goodman Manufacturing Company, L.P..(Cunha, Amanda) |
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Filing 59
Order approving re #57 Stipulation. IT IS FURTHER ORDERED THAT the case management conference scheduled for September 9, 2021, at 11:00 a.m. is CANCELLED. Signed by Honorable Jennifer P. Wilson on 9/7/2021. (ve)
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| Filing 58 BRIEF IN OPPOSITION re #50 MOTION for Judgment on the Pleadings filed by State Farm Fire & Casualty Co.. (Attachments: #1 Proposed Order, #2 Exhibit(s) Exhibit A)(de Luca, Daniel) |
| Filing 57 STIPULATION by all Parties to Extend Deadlines by Elite Mechanical Group. (Attachments: #1 Proposed Order EX A)(Clayberger, Matthew) |
| Filing 56 BRIEF IN OPPOSITION re #50 MOTION for Judgment on the Pleadings filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 55 VERBAL ORDER - AND NOW, on this 1st day of September, 2021, IT IS ORDERED THAT the telephone status conference scheduled for August 31, 2021 is CONTINUED to September 9, 2021, at 11:00 a.m. Plaintiff's counsel shall initiate the call when all parties are on the line to chambers at 717-221-3970. Signed by Honorable Jennifer P. Wilson on 9/1/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (ve) |
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Filing 53
ORDER granting #52 Motion to Extend Time. Goodmans deadline to file an Amended Third Party Complaint is extended thirty days to September 21, 2021. Signed by Honorable Jennifer P. Wilson on 8/20/2021 (ve)
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| Filing 52 MOTION for Extension of Time to TO FILE AMENDED THIRD-PARTY COMPLAINT AGAINST NIDEC MOTOR CORPORATION by Goodman Manufacturing Company, L.P.. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Cunha, Amanda) |
| Filing 51 BRIEF IN SUPPORT re #50 MOTION for Judgment on the Pleadings filed by Goodman Manufacturing Company, L.P..(Cunha, Amanda) |
| DOCKET ANNOTATION: Counsel is advised to refile their Brief in Support to Document 50 as a separate document. This event can be located under Responses and Replies. (aaa) |
| Filing 50 MOTION for Judgment on the Pleadings by Goodman Manufacturing Company, L.P.. (Attachments: #1 Memo Memorandum of law in support of Goodman's Motion for Judgment on the Pleadings, #2 Proposed Order, #3 Certificate of Nonconcurrence)(Cunha, Amanda) |
| Filing 49 VERBAL ORDER - AND NOW, on this 16th day of August, 2021, IT IS ORDERED THAT the telephone conference scheduled for August 25, 2021 is CONTINUED to August 31, 2021, at 10:30 a.m. Plaintiffs counsel shall initiate the call when all parties are on the line to chambers at (717) 221-3970. Signed by Honorable Jennifer P. Wilson on 8/16/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.)(ve) |
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Filing 48
ORDER re #45 Crossclaim - Accordingly, for the reasons stated in the courts July 22, 2021 order and accompanying memorandum, see Docs. 4647, IT IS ORDERED THAT Elite Mechanicals crossclaim against Nidec (Doc. 45) is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Jennifer P. Wilson on 8/6/2021. (ve)
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Filing 47
ORDER granting #39 Motion to Dismiss for Failure to State a Claim. Goodman may file an amended third-party complaint against Nidec on or before August 22, 2021. See order for further details. Signed by Honorable Jennifer P. Wilson on 7/22/2021 (ve)
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| Filing 46 MEMORANDUM (Order to follow as separate docket entry) re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nidec Motor Corporation. Signed by Honorable Jennifer P. Wilson on 7/22/2021. (ve) |
| Filing 45 CROSSCLAIM against Nidec Motor Corporation, CROSSCLAIM against Nidec Motor Corporation, filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 44 NOTICE of Appearance by Amanda Cunha on behalf of Goodman Manufacturing Company, L.P. (Cunha, Amanda) |
| Filing 43 REPLY BRIEF re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nidec Motor Corporation.(Wolensky, Brian) |
| Filing 42 MEMORANDUM OF LAW by Goodman Manufacturing Company, L.P. re #41 Response to the Motion to Dismiss the Third Party Complaint Filed by Third Party Defendant Nidec Motor Corporation. (Dietrich, Gerhard) |
| Filing 41 RESPONSE by Goodman Manufacturing Company, L.P. to #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Proposed Order)(Dietrich, Gerhard) |
| Filing 40 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Nidec Motor Corporation. (Wolensky, Brian) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nidec Motor Corporation.(Wolensky, Brian) |
| DOCKET ANNOTATION: Original Docs. 39 (Motion) and 40 (7.1 Disclosures) filed 2/23/21 DELETED do to filing error; to be refiled by counsel; (ep) |
| DOCKET ANNOTATION: doc 39 & 40 have been deleted due to an error. Counsel to refile (cl) |
| Filing 38 THIRD Party Summons Issued as to Nidec Motor Corporation. (aaa) |
| Filing 37 THIRD PARTY COMPLAINT against Nidec Motor Corporation, THIRD PARTY COMPLAINT against Nidec Motor Corporation, filed by Goodman Manufacturing Company, L.P.. (Attachments: #1 Summons)(Dietrich, Gerhard) |
| Filing 36 ANSWER to Complaint (Crossclaim of Goodman Manufacturing) by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 35 ANSWER by Goodman Manufacturing Company, L.P. to #18 Answer to Amended Complaint, Crossclaim of Traditions of America LP. (Dietrich, Gerhard) Modified on 1/20/2021 (ve). |
| Filing 34 Goodman Manufacturing Company L.P.'s ANSWER to #28 Answer to Amended Complaint, Crossclaim of Elite Mechanical Group by Goodman Manufacturing Company, L.P..(Dietrich, Gerhard) |
| Filing 33 Goodman Manufacturing Company L.P.'s ANSWER to #9 Amended Complaint , CROSSCLAIM against Elite Mechanical Group, Traditions of America, LP by Goodman Manufacturing Company, L.P..(Dietrich, Gerhard) |
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Filing 32
Order approving re #31 Stipulation. The deadline for Defendant Goodman Manufacturing Company, L.P. to answer Plaintiffs amended complaint and any cross- claims is EXTENDED to January 20, 2021. Signed by Honorable Jennifer P. Wilson on 1/5/2021. (ve)
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| Filing 31 STIPULATION re #9 Amended Complaint by Goodman Manufacturing Company, L.P.. (Dietrich, Gerhard) |
| Filing 30 SUMMONS Returned Executed by State Farm Fire & Casualty Co.. Goodman Manufacturing Company, L.P. served on 12/10/2020, answer due 12/31/2020. (de Luca, Daniel) |
| Filing 29 NOTICE of Appearance by Gerhard P. Dietrich on behalf of Goodman Manufacturing Company, L.P. (Dietrich, Gerhard) |
| Filing 28 ANSWER to #9 Amended Complaint , CROSSCLAIM against Goodman Manufacturing Company, L.P. by Elite Mechanical Group.(Clayberger, Matthew) |
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Filing 27
ORDER (memorandum filed previously as separate docket entry) denying #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elite Mechanical Group. Signed by Honorable Jennifer P. Wilson on 11/16/2020. (ve)
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| Filing 26 MEMORANDUM (Order to follow as separate docket entry) re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elite Mechanical Group. Signed by Honorable Jennifer P. Wilson on 11/16/2020. (ve) |
| Filing 25 CASE MANAGEMENT ORDER. SEE ORDER FOR FURTHER DETAILS. Signed by Honorable Jennifer P. Wilson on 11/12/2020. (ve) |
| Filing 23 Corporate Disclosure Statement by Traditions of America, LP. (Horn, Christopher) |
| Filing 22 Letter from Daniel J. de Luca . (de Luca, Daniel) |
| Filing 21 CASE MANAGEMENT PLAN Joint by Elite Mechanical Group. (Clayberger, Matthew) |
| Filing 20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Traditions of America, LP identifying Corporate Parent Traditions of America, LP for Traditions of America, LP, Traditions of America, LP. (Hirtzel, Gregory) |
| Filing 19 ANSWER to #18 Answer to Amended Complaint, Crossclaim by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 18 ANSWER to #9 Amended Complaint with Affirmative Defenses, CROSSCLAIM against Elite Mechanical Group by Traditions of America, LP.(Hirtzel, Gregory) |
| Filing 17 NOTICE of Appearance by Gregory S. Hirtzel on behalf of Traditions of America, LP (Hirtzel, Gregory) |
| Filing 16 REPLY BRIEF re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 15 BRIEF IN OPPOSITION re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by State Farm Fire & Casualty Co.. (Attachments: #1 Memo, #2 Proposed Order, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(de Luca, Daniel) |
| Filing 14 CIVIL PRACTICE ORDER. Signed by Honorable Jennifer P. Wilson on 9/1/2020. (ve) |
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Filing 13
ORDER - IT IS ORDERED THAT:The initial case management conference pursuant to Federal Rule of Civil Procedure 16 will be conducted via telephone by the court on November 12, 2020 at 11:45 a.m. Counsel for Plaintiff shall initiate the telephone conference and have all parties on the line prior to calling chambers at (717) 221-3970. SEE ORDER FOR FURTHER DETAILS. Signed by Honorable Jennifer P. Wilson on 9/1/2020. (Attachments: #1 Case Management Calendar)(ve)
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Filing 12
ORDER - IT IS ORDERED that Defendant Elite Mechanical Groups motion to dismiss the complaint, Doc. 7, is DENIED as moot and without prejudice. Signed by Honorable Jennifer P. Wilson on 8/26/2020 (ve)
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| Filing 11 BRIEF IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Elite Mechanical Group. (Attachments: #1 Proposed Order)(Clayberger, Matthew) |
| Filing 9 AMENDED COMPLAINT against Elite Mechanical Group, Goodman Manufacturing Company, L.P., Traditions of America, LP, filed by State Farm Fire & Casualty Co..(de Luca, Daniel) |
| Filing 8 BRIEF IN SUPPORT re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement filed by Elite Mechanical Group.(Clayberger, Matthew) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for More Definite Statement by Elite Mechanical Group. (Attachments: #1 Proposed Order)(Clayberger, Matthew) |
| Filing 6 NOTICE of Appearance by Matthew Clayberger on behalf of Elite Mechanical Group (Clayberger, Matthew) |
| Filing 5 SUMMONS Returned Executed by State Farm Fire & Casualty Co., Amy Roe. Traditions of America, LP served on 7/29/2020, answer due 8/19/2020. (de Luca, Daniel) |
| Filing 4 SUMMONS Returned Executed by State Farm Fire & Casualty Co., Amy Roe. Elite Mechanical Group served on 7/2/2020, answer due 7/23/2020. (de Luca, Daniel) |
| Filing 3 Letter to Counsel re: Case Assignment and Procedures. Signed by Honorable Jennifer P. Wilson on 7/2/2020. (ve) |
| 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, filed by State Farm Fire & Casualty Co., Amy Roe. Receipt number APAMDC-5141697. (Attachments: #1 Civil Cover Sheet)(aaa) |
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