MALONE v. PACIFIC CYCLE, INC. et al
| Anthony Malone |
| Pacific Cycle, Inc., East Coast Assemblers, Inc. d/b/a NATIONAL ASSEMBLERS, INC. doing business as National Assemblers, Inc. and Wal-Mart Stores East L.P. |
| Pacific Cycle, Inc. and Wal-Mart Stores East L.P. |
| East Coast Assemblers, Inc. d/b/a NATIONAL ASSEMBLERS, INC. |
| 1:2024cv01727 |
| October 10, 2024 |
| U.S. District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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Filing 30
ORDER - it is hereby ORDERED that the Clerk of Court is directed to mark this matter CLOSED for statistical purposes only, and the parties shall, as soon as practicable, submit an appropriate dismissal filing in accordance with Federal Rule of Civil Procedure 41(a). The case management conference currently scheduled for Tuesday, December 17, 2024, is CANCELLED. Signed by Honorable Christopher C. Conner on 12/5/2024. (mw)
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| Filing 29 Letter from Brooke J. Elmi, Esq. re Settlement. (Elmi, Brooke) |
| Filing 28 NOTICE of Appearance by Gwyneth Schrager on behalf of Wal-Mart Stores East L.P. (Schrager, Gwyneth) |
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Filing 27
SCHEDULING ORDER - Case Management Conference set for 12/17/2024 at 02:00 PM before Honorable Christopher C. Conner. At least five days before the conference,counsel shall file their joint case management plan with the court. Signed by Honorable Christopher C. Conner on 10/11/2024. (mw) (Additional attachment(s) added on 10/11/2024: #1 Trial Term Calendar) (mw).
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| Filing 26 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:24-cv-01994 containing electronic documents. (ibr) |
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Filing 25
ORDER THAT UPON CONSIDERATION OF THE MOTION OF DEFENDANT, PACIFIC CYCLE INC., TO TRANSFER VENUE (ECF NO. 17), PLAINTIFF'S RESPONSE IN OPPOSITION (ECF NO. 18), AND DEFENDANT'S REPLY THERETO (ECF NO. 23), IT IS HEREBY ORDERED THAT DEFENDANTS MOTION IS GRANTED. IT IS FURTHER ORDERED THAT, PURSUANT TO 28 U.S.C. 1404(A), THIS ACTION IS HEREBY TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 10/10/24.10/10/24 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 10/10/2024.]
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| DOCKET ANNOTATION: This case is now assigned to Judge Conner. (ll) |
| Case Transferred to the United States District Court for the Middle District of Pennsylvania. (bw) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 24 NOTICE re: Cancellation of Hearing - Rule 16 Conference, scheduled for 10/07/2024 (Mountney, Patrick) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 23 RESPONSE in Support re #17 MOTION to Change Venue Motion to Transfer Venue filed by PACIFIC CYCLE, INC.. (TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
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Filing 22
ORDER AND DECREED THAT SAID MOTION FOR LEAVE TO FILE A REPLY BRIEF AND TO EXCEED PAGE LIMITS IS GRANTED. DEFENDANT PACIFIC CYCLE INC. IS HEREBY PERMITTED TO FILE ITS REPLY BRIEF IN SUPPORT OFITS MOTION TO TRANSFER VENUE, WHICH IS ATTACHED AS EXHIBIT A TO THE MOTION FOR LEAVE.DEFENDANT PACIFIC CYCLE INC. IS FURTHER GRANTED LEAVE TO EXCEED THE SEVEN PAGELIMIT APPLICABLE TO THE REPLY BRIEF IN SUPPORT OF ITS MOTION TO TRANSFER VENUE. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 10/1/24.10/1/24 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 10/10/2024.]
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| Filing 21 MOTION for Leave to File Reply Brief and to Exceed Page Limits filed by PACIFIC CYCLE, INC..Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Reply Brief in Support of Motion to Transfer Venue)(TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 20 NOTICE of Hearing:RULE 16 CONFERENCE SET FOR 10/7/2024 AT 11:30 AM IN Judge's Chambers BEFORE DISTRICT JUDGE MIA ROBERTS PEREZ. 8/23/2024 ENTERED AND COPIES EMAILED. (Mountney, Patrick) Modified on 8/26/2024 (ahf). [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 19 NOTICE re: Cancellation of Hearing - Rule 16 Conference, scheduled for 9/9/2024 (Mountney, Patrick) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 18 RESPONSE to Motion re #17 MOTION to Change Venue Motion to Transfer Venue filed by ANTHONY MALONE. (Attachments: #1 Brief, #2 Text of Proposed Order)(ELMI, BROOKE) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 17 MOTION to Change Venue Motion to Transfer Venue filed by PACIFIC CYCLE, INC..Memorandum, Certificate of Service. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit Plaintiff's Rule 26(a)(1) Initial Disclosures, #3 Exhibit Wal-Mart Notice of Removal)(TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 16 STATUS REPORT by ANTHONY MALONE. (ELMI, BROOKE) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 15 NOTICE of Hearing:RULE 16 CONFERENCE SET FOR 9/9/2024 03:00 PM IN Judge's Chambers BEFORE DISTRICT JUDGE MIA ROBERTS PEREZ. 7/26/2024 ENTERED AND COPIES EMAILED. (Mountney, Patrick) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 14 Defendant Wal-Mart Stores, East, LP's ANSWER to #13 Answer to Complaint, Crossclaim of East Coast Assemblers, Inc. by WAL-MART STORES EAST L.P.. (Attachments: #1 Certificate of Service)(ZANAN, BRANDON) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 13 EAST COAST ASSEMBLERS, INC. ANSWER to Complaint , CROSSCLAIM against PACIFIC CYCLE, INC., WAL-MART STORES EAST L.P. by EAST COAST ASSEMBLERS, INC..(SWEENEY, CHARLES) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 12 NOTICE of Appearance by CHARLES W. SWEENEY, III on behalf of EAST COAST ASSEMBLERS, INC. (SWEENEY, CHARLES) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 11 Arbitration Certification that case exceeds the sum of $150,000.00 exclusive of interest and costs or relief other than monetary damages is sought (ELMI, BROOKE) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 10 ANSWER to Complaint by WAL-MART STORES EAST L.P..(ZANAN, BRANDON) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 including Pon Holdings B.V. with Certificate of Service by PACIFIC CYCLE, INC..(TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 8 ANSWER to Complaint together with with Affirmative Defenses by PACIFIC CYCLE, INC..(TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 7 NOTICE of Appearance by VLADA TASICH on behalf of PACIFIC CYCLE, INC. with Certificate of Service(TASICH, VLADA) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 6 State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, ) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
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Filing 5
ORDER THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR EMAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 5/14/24. 5/14/24 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 10/10/2024.]
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| Filing 4 NOTICE of Appearance by PATRICK J. MCDONNELL on behalf of WAL-MART STORES EAST L.P. (MCDONNELL, PATRICK) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 3 Letter re: Arbitration Certification (Attachments: #1 Arbitration Certification Form)(sbt) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 by WAL-MART STORES EAST L.P..(ZANAN, BRANDON) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
| Filing 1 NOTICE OF REMOVAL by WAL-MART STORES EAST L.P. (Filing fee $ 405 receipt number APAEDC-17456688), filed by WAL-MART STORES EAST L.P.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Designation Form Designation Form, #3 Appendix Appendix, #4 Exhibit Complaint, #5 Exhibit Affidavit of Services, #6 Exhibit Consent to Removal)(ZANAN, BRANDON) [Transferred from Pennsylvania Eastern on 10/10/2024.] |
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