Pava Logistics, Inc. v. PGT Trucking, Inc. et al
| Pava Logistics, Inc. |
| PGT Trucking, Inc. and David W. Radcliffe |
| 1:2024cv00548 |
| April 1, 2024 |
| US District Court for the Middle District of Pennsylvania |
| Jennifer P Wilson |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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| Filing 45 Case transferred electronically in from District of Illinois Northern; Case Number 1:23-cv-02872 containing electronic documents. jw |
| Filing 44 TRANSFERRED to the Middle District of Pennsylvania the electronic record. (emc, ) [Transferred from Illinois Northern on 4/1/2024.] |
Filing 43
MINUTE entry before the Honorable Keri L. Holleb Hotaling: Dut to the District Court's order of 3/14/2024 [Dkt. 42], the referral to Judge Holleb Hotaling is hereby terminated. Judge Keri L. Holleb Hotaling no longer referred to the case. (rbf, ) [Transferred from Illinois Northern on 4/1/2024.]
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| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: For the reasons stated on the record, PGT Trucking, Inc.'s motion, #5 , is granted in part and denied in part. Specifically, the motion is granted to the extent that the case is transferred, denied with respect to the motion for improper venue, and denied as moot with respect to the motion for lack of personal jurisdiction. This case is transferred to the Middle District of Pennsylvania. Mailed notice. (jg, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: Telephonic ruling on defendant PGT Trucking, Inc.'s motion to dismiss plaintiff's complaint for want of personal jurisdiction and improper venue #5 is set for 3/14/2024 at 1:30 p.m. The court will rule on the basis of the parties' filings; no argument is necessary. If there are any developments in the status of the case that the court should be aware of prior to ruling (e.g., settlement; not supplemental briefing on the parties' arguments, which have already been addressed in the briefing on the motion), the parties are directed to file a notice with the court at least 24 hours before the hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PGT Trucking, Inc. (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 39 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The parties are to file an updated joint status report within 7 days of a ruling on the motion to dismiss [Dkt. 5]. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 38 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pava Logistics, Inc. (Borst, Vincent) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 37 STATUS Report (Joint) by Pava Logistics, Inc. Presented before Magistrate Judge (Borst, Vincent) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 36 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 35 REPLY by PGT Trucking, Inc. to response in opposition to motion, #34 (Attachments: #1 Exhibit Exhibit A)(Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 34 RESPONSE by Pava Logistics, Inc.in Opposition to MOTION by Defendant PGT Trucking, Inc. to dismiss for lack of jurisdiction #5 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Minetz, Robert) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for an extension of time #32 is granted. Plaintiff's response to Defendant PGT Trucking, Inc.'s motion to dismiss #5 is due by 10/13/2023. Defendant's reply is due by 11/3/2023. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 32 MOTION by Plaintiff Pava Logistics, Inc. for extension of time on briefing schedule for Defendant's Motion to Dismiss (Agreed) Presented before District Judge (Borst, Vincent) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 31 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The parties' status report [Dkt. 30] indicates they have completed jurisdictional discovery and request additional time to complete briefing on the outstanding motion to dismiss. This Court, however, lacks the authority to alter the motion to dismiss briefing schedule set by the district judge and defers to the district judge as to whether that schedule should be extended by 21 days as the parties request. The parties are to file an updated joint status report within 7 days of a ruling on the motion to dismiss or on 1/15/2024, whichever is sooner. Mailed notice. (exr, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 30 STATUS Report (Joint) by Pava Logistics, Inc. Presented before Magistrate Judge (Borst, Vincent) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 29 ATTORNEY Appearance for Defendant David W. Radcliffe by Scott Lechowicz (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 28 ATTORNEY Appearance for Defendant David W. Radcliffe by Lew Reuben Charles Bricker (Bricker, Lew) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 27 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The parties are to file an updated joint status report on 9/22/2023. Mailed notice. (exr, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 26 CERTIFICATE of Service by Scott Lechowicz on behalf of PGT Trucking, Inc. (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 25 MINUTE entry before the Honorable Martha M. Pacold: Defendant PGT Trucking, Inc.'s agreed motion to amend the briefing schedule for Defendant's motion to dismiss for lack of personal jurisdiction and improper venue #24 is granted. Plaintiff's response to the motion to dismiss for lack of personal jurisdiction and improper venue #5 is due by 10/3/2023. Defendant PGT Trucking, Inc.'s reply is due by 10/24/2023. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 24 MOTION by Defendant PGT Trucking, Inc. for extension of time Presented before District Judge (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 23 MINUTE entry before the Honorable Keri L. Holleb Hotaling: This matter has been transferred to the calendar of Magistrate Judge Keri Holleb Hotaling. The agreed motion for extension of time #22 is granted to the extent the parties seek a 21-day extension of time to 9/21/2023 to complete jurisdictional discovery. This Court, however, lacks the authority to alter the motion to dismiss briefing schedule set by the district judge and defers to the district judge as to whether that schedule should be extended by 21 days as the parties request. Mailed notice. (exr, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 22 MOTION by Defendant PGT Trucking, Inc. for extension of time Presented before Magistrate Judge (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 21 EXECUTIVE COMMITTEE ORDER: It appearing that Magistrate Judge Cox retired on August 9, 2023; therefore It is hereby ordered that no new designations, referrals, or reassignments shall be made to Magistrate Judge Cox; and It is further ordered that the Hon. Keri L. Holleb Hotaling has entered on duty as a magistrate judge for the Northern District of Illinois; and It is furthered ordered that the Clerk of Court is to add Magistrate Judge Holleb Hotaling's name to the Court's magistrate judge civil case assignment system on August 10, 2023, so that she shall receive a full share of such cases. Case referred to the Honorable Keri L Holleb Hotaling. Signed by Honorable Rebecca R. Pallmeyer on 8/10/2023.(td, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 20 STATUS Report by PGT Trucking, Inc. Presented before Magistrate Judge (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 19 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/26/23. For the reasons discussed on the record, Plaintiff is given leave to take Mr. Gustavo Alonso's deposition. Defense counsel reports that Mr. Alonso no longer is employed by Defendant. By 7/28/23, Defendant, through defense counsel, shall provide to Plaintiff's counsel Mr. Alonso's last known contact information that the company has for him so that Plaintiff can contact him about scheduling his deposition. Although not discussed on the record, the parties also should discuss whether defense counsel will be representing Mr. Alonso for purposes of his deposition and whether counsel will accept a Rule 45 subpoena on his behalf. In any event, however, Defendant shall provide Plaintiff's counsel with Mr. Alonso's last known contact information since he no longer is employed by Defendant. The parties shall file a joint updated status report by 8/7/23 that includes a confirmed date for Mr. Alonso's deposition if Plaintiff decides to proceed with that deposition (if the deposition proceeds on 8/6/23 as previously noticed, the status report should include that information), the status of any Rule 30(b)(6) notices that Plaintiff intends to serve, and any other jurisdictional discovery that Plaintiff is seeking. By agreement of the parties, merits discovery is stayed until ruling on Defendant's motion to dismiss #5 . Jurisdictional discovery shall be completed by 8/31/23. Mailed notice (ber, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 18 ATTORNEY Appearance for Plaintiff Pava Logistics, Inc. by Vincent Thomas Borst (Borst, Vincent) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 17 STATUS Report (Joint) by Pava Logistics, Inc. Presented before Magistrate Judge (Minetz, Robert) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 16 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision and scheduling, and for settlement, including the scope of any limited jurisdictional discovery. A telephone status hearing is set for 7/26/23 at 10:00 a.m. The call-in number for the hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ber, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 15 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, and for settlement, including the scope of any limited jurisdictional discovery. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to conduct limited jurisdictional discovery and for an extension of time to file its response to Defendant PGT Trucking, Inc.'s Motion to Dismiss #10 is granted. This court "has authority 'to require a defendant to respond to discovery requests relevant to his or her motion to dismiss for lack of jurisdiction.'" Zurich Am. Ins. Co. v. Tangiers Int'l LLC, No. 18-cv-2115, 2018 WL 3770085, at *2 (N.D. Ill. Aug. 9, 2018) (quoting Mart v. Bershire Hathaway Inc., No. 10-cv-118, 2010 WL 11575057, at *2 (N.D. Ind. Aug. 2, 2010)). But "[p]laintiffs do not have an automatic right to discovery pertaining to personal jurisdiction." RGT Holdings, Inc. on behalf of Ticket Reserve, Inc. v. Harmon, No. 16-cv-5457, 2017 WL 959020, at *4 (N.D. Ill. Mar. 13, 2017) (citation omitted). Rather, "[a] plaintiff must first establish a colorable prima facie case of jurisdiction, especially where the plaintiff has already had extensive access to documents." Id. "Generally, courts grant jurisdictional discovery if the plaintiff can show that the factual record is at least ambiguous or unclear on the jurisdiction issue." Zurich Am. Ins. Co., 2018 WL 3770085, at *2 (quoting Ticketreserve, Inc. v. viagogo, Inc., 656 F. Supp. 2d 775, 782 (N.D. Ill. 2009)). Plaintiffs may not, however, "rely on bare, attenuated, or unsupported assertions of jurisdiction to justify discovery." Id. (cleaned up). Here, plaintiff has sufficiently demonstrated ambiguity on the jurisdictional issue. Although plaintiff's assertions may not ultimately establish personal jurisdiction, they are sufficient to support limited discovery on the issue. Plaintiff is therefore granted leave to conduct limited jurisdictional discovery relating to Defendant PGT Tricking, Inc.'s motion to dismiss. Plaintiff's response to the motion to dismiss #5 is due by 9/12/2023. Defendant's reply is due by 10/3/2023. This case will be referred to the designated magistrate judge to hold proceedings related to discovery supervision and settlement, including the scope of any limited jurisdictional discovery. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 13 REPLY by Plaintiff Pava Logistics, Inc. to motion for discovery, #10 (Minetz, Robert) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 12 RESPONSE by PGT Trucking, Inc. to MOTION by Plaintiff Pava Logistics, Inc. for discovery and for Extension of Time to File Response to PGT Trucking, Inc.'s Motion to Dismiss #10 (Attachments: #1 Exhibit)(Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: Defendant PGT Trucking, Inc.'s response to plaintiff's motion for leave to conduct limited jurisdictional discovery and for an extension of time #10 is due by 6/27/2023. If defendant does not file a response, the court will consider the motion unopposed. Plaintiff's reply is due by 7/6/2023. The briefing schedule for Defendant PGT Trucking, Inc.'s motion to dismiss #9 is stricken. Mailed notice. (kp, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 10 MOTION by Plaintiff Pava Logistics, Inc. for discovery and for Extension of Time to File Response to PGT Trucking, Inc.'s Motion to Dismiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Minetz, Robert) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 9 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant PGT Trucking, Inc.'s motion to dismiss #5 is due by 6/20/2023. Defendant's reply is due by 7/11/2023. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: By 5/23/2023, Defendant PGT Trucking, Inc. shall confer with the other parties and submit a joint proposed briefing schedule on the motion to dismiss #5 by email to proposed_order_pacold@ilnd.uscourts.gov. (rao, ) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 7 ATTORNEY Appearance for Plaintiff Pava Logistics, Inc. by Robert Stephen Minetz (Minetz, Robert) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Pava Logistics, Inc. by Saskia Nora Bryan (Bryan, Saskia) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 5 MOTION by Defendant PGT Trucking, Inc. to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A-C)(Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 4 ATTORNEY Appearance for Defendant PGT Trucking, Inc. by Scott Lechowicz (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 3 ATTORNEY Appearance for Defendant PGT Trucking, Inc. by Lew Reuben Charles Bricker (Bricker, Lew) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 2 NOTICE of Removal from Circuit Court of Kane County Illinois, case number (2023LA000130) filed by PGT Trucking, Inc. Filing fee $ 402, receipt number AILNDC-20615193. (Attachments: #1 Exhibit A-E to Notice of Removal)(Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
| Filing 1 CIVIL Cover Sheet (Lechowicz, Scott) [Transferred from Illinois Northern on 4/1/2024.] |
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