Dyvex Industries, Inc. v. Agilex Flavors & Fragrances, Inc. et al

Plaintiff: Dyvex Industries, Inc.
Defendant: Agilex Flavors & Fragrances, Inc., Aromatic Technologies, Inc. and Aroma Tech
Case Number: 3:2012cv00979
Filed: May 24, 2012
Court: US District Court for the Middle District of Pennsylvania
Office: Scranton Office
County: Lackawanna
Presiding Judge: A. Richard Caputo
Nature of Suit: Property Damage Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 18, 2018 Opinion or Order Filing 178 ORDER (memorandum filed previously as separate docket entry)1.Agilexs motion for reconsideration of the courts February 28, 2018 Memorandum and Order, (Doc. 158), is DENIED.2.Agilexs motion for reconsideration of the courts March 22, 2018 Memorandum and Order, (Doc. 172), is DENIED.3.The courts February 28, 2018 and March 22, 2018 decisions shall not be altered. 4. Agilexs request that the court certify this case for an interlocutory appeal pursuant to §1292(b) is DENIED.Signed by Honorable Malachy E Mannion on 9/18/18. (bs)
May 15, 2018 Opinion or Order Filing 176 ORDER (memorandum filed previously as separate docket entry)1.Dyvexs motion for reconsideration, (Doc. 160), is DENIED. 2.The courts February 27, 2018 Memorandum and Order, (Doc. 154, Doc. 155), shall remain in full effect.Signed by Honorable Malachy E Mannion on 5/15/18. (bs)
March 22, 2018 Opinion or Order Filing 167 ORDER (memorandum filed previously as separate docket entry) Motions 98 and 104 DENIED. (See order for details).Signed by Honorable Malachy E Mannion on 3/22/18. (bs)
February 28, 2018 Opinion or Order Filing 157 ORDER (memorandum filed previously as separate docket entry)1.The motion for partial summary judgment filed by plaintiff Dyvex, (Doc. 93), is GRANTED IN ITS ENTIRETY.2.Agilex defendants are PRECLUDED from raising any defenses to Dyvexs claims based O SHA regulations and all of the other safety standards stated in the courts memorandum, including building and fire codes, and based on the insurance contract, as well as any relationship, between Dyvex and Nationwide.Signed by Honorable Malachy E Mannion on 2/28/18. (bs)
February 27, 2018 Opinion or Order Filing 155 ORDER (memorandum filed previously as separate docket entry)The motion for summary judgment filed by Agilex defendants, (Doc. 106), based on spoliation of evidence by plaintiff Dyvex, is GRANTED IN PART and DENIED IN PART.Signed by Honorable Malachy E Mannion on 2/27/18. (bs)
February 12, 2018 Opinion or Order Filing 153 ORDER (memorandum filed previously as separate docket entry)1.The motion for partial summary judgment filed by Agilex defendants, (Doc. 100), regarding plaintiff Dyvexs claim for punitive damages, (Count V), is GRANTED and;2.JUDGMENT is ENTERED in favor of Agilex defendants and against plaintiff Dyvex on its claim for punitive damages. Signed by Honorable Malachy E Mannion on 2/12/18. (bs)
December 28, 2015 Opinion or Order Filing 82 ORDER (memorandum filed previously as separate docket entry) Agilex defts can not depose Michael Ryder and they can not subpoena docs from Computer Visionaries, Inc. seeking all of the data and information recovered by CVI. Agilex defts subpoenas to Ryder and CVI are QUASHED. Agilex defts are NOTPERMITTED to conduct any further fact discovery regarding the kneader computer hard drive and the CitectSCADA files. Agilex defts subpoenas to re-depose Joseph Depoti and Robert Strony are QUASHED. Agile x defts subpoena to take the deposition of Rebecca Jones is PERMITTED. Agilex defts subpoena to depose Michael Zazula and subpoena of his records from his former and current employers, Plick & Associates and Investigative Engineering, Inc., are QUASH ED.Agilex defts subpoena for the docs from Community Bank & Trust is PERMITTED, including the supporting documentation for the affidavits of William Boyle and William Farber. Agilex defendants subpoenas to take the depositions of Boyle and Farber are PERMITTED. The supplemental discovery allowed Agilex defts shall be completed on or before February 29, 2016. Expert witness depositions shall be completed on or before April 29, 2016. The dispositive motions, if any, shall be filed on or before May 31, 2016. The stay of discovery entered on September 22, 2015, is lifted, as noted above.Signed by Honorable Malachy E Mannion on 12/28/15. (ao)
December 4, 2015 Opinion or Order Filing 79 ORDER (memorandum filed previously as separate docket entry), Frank Manchio terminated.1.The motion for summary judgment filed by third-party defendant Frank Manchio, (Doc. No. 69), is GRANTED and the remaining third-party claims of third-party plaintiffs Agilex against him individually are DISMISSED; and 2.Third-party defendant Manchio is DISMISSED from this caseSigned by Honorable Malachy E Mannion on 12/4/15. (bs)
August 26, 2013 Opinion or Order Filing 33 ORDER (memorandum filed previously as separate docket entry)1.The motion to dismiss filed by third-party defendant Frank Manchio, (Doc. No. 17), is GRANTED IN ITS ENTIRETY. 2.To the extent third-party plaintiffs intended to plead direct liability cla ims, the motion to dismiss those claims, (Doc. No. 17), is GRANTED. 3.The motion to dismiss the indemnity claims, (Doc. No. 17), is GRANTED because third-party plaintiffs concede to their dismissal. 4.The motion to dismiss the contribution claims, (D oc. No. 17), is GRANTED with respect to the breach of contract and breach of warranty claims because third-party plaintiffs concede to their dismissal. 5.The motion to dismiss the request for punitive damages, (Doc. No. 17), is GRANTED as to all claims because the motion is unopposed in this regard. Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Dyvex Industries, Inc. v. Agilex Flavors & Fragrances, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Dyvex Industries, Inc.
Represented By: Steven L. Smith
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Agilex Flavors & Fragrances, Inc.
Represented By: John J Snyder
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Aromatic Technologies, Inc.
Represented By: John J Snyder
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Aroma Tech
Represented By: John J Snyder
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?