Bobrick Washroom Equipment, Inc. v Scranton Products, Inc.
Bobrick Washroom Equipment, Inc. |
Scranton Products, Inc. |
Buchanan Ingersoll & Rooney, PC |
James Doherty |
Travelers Property Casualty Company of America |
3:2014cv00853 |
May 2, 2014 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Lackawanna |
Robert D Mariani |
Other Statutory Actions |
15 U.S.C. § 1125 |
Plaintiff |
Docket Report
This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 520 Letter from Carl W. Hittinger Regarding Reply In Support of Two Motions. (Hittinger, Carl) |
Filing 519 BRIEF IN SUPPORT (Further Support) of Motion to Enforce Protective Order and Motion for Clarification and/or Modification re #506 MOTION to Enforce Protective Order, #508 MOTION to Clarify or Modify February 28, 2020 Decision and Order filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 518 Letter from Lisa J. Demsky in Reply to Bobrick's Unauthorized Reply Letter. (Demsky, Lisa) |
Filing 517 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Exhibit B, #2 letter) (cl) |
Filing 516 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(cl) |
Filing 515 Letter from Carl W. Hittinger (Bobrick Washroom Equipment, Inc.s Reply in Support of Bobricks Letter dated June 23, 2020 (DI 512). (Hittinger, Carl) |
Filing 514 BRIEF IN OPPOSITION re #506 MOTION to Enforce Protective Order, #508 MOTION to Clarify or Modify February 28, 2020 Decision and Order filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Demsky, Lisa) |
Filing 513 Letter from Lisa J. Demsky (Scranton Products, Inc. In Response to Bobricks letter dated June 23, 2020 (Dkt. 512)). (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Demsky, Lisa) |
Filing 512 Letter from Carl W. Hittinger Regarding Completion of Audit. (Attachments: #1 Exhibit(s) A - B)(Hittinger, Carl) |
Filing 511 Letter from Francis J. Deasey . (Attachments: #1 Copy of Filed Letter to the to the Honorable Malachy E. Mannion)(Peterson, Mark) |
Filing 510 Letter from Carl W. Hittinger sending courtesy copies of ECF 506-509 to Judge Mannion. (Hittinger, Carl) |
Filing 509 BRIEF IN SUPPORT re #508 MOTION to Clarify or Modify February 28, 2020 Decision and Order filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 508 MOTION to Clarify or Modify February 28, 2020 Decision and Order by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Carl Hittinger, #2 Exhibit(s) A-D, #3 Proposed Order, #4 LR 7.8(b) Certificate of Compliance, #5 Certificate of Service)(Hittinger, Carl) |
Filing 507 BRIEF IN SUPPORT re #506 MOTION to Enforce Protective Order filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 506 MOTION to Enforce Protective Order by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Carl Hittinger, #2 Exhibit(s) A-E, #3 Proposed Order, #4 LR 7.8(b) Certificate of Compliance, #5 Certificate of Service)(Hittinger, Carl) |
Filing 505 NOTICE of Appearance by Walter F Casper, Jr on behalf of Bobrick Washroom Equipment, Inc. (Casper, Walter) |
Filing 504 ORDER REFERRING CASE to Special Master. IT IS HEREBY ORDERED THAT: James A. Doherty, Jr. Esq. is appointed Discovery Master in this action. See Order for full details. The initial conference call with the Discovery Master shall be arranged by Plaintiffs counsel and shall take place within fourteen (14) days of the date of this Order.Signed by Honorable Robert D. Mariani on 4/23/20. (jam) |
Filing 503 AFFIDAVIT of James A. Doherty, Jr., Esquire. (jam) |
Filing 502 SCHEDULING ORDER:IT IS HEREBY ORDERED THAT: Each party shall be allowed to take no more than FIVE (5) depositions, subject to the provisions of paragraph 115 of the Settlement Agreement. Each party shall be allowed to serve no more than TEN (10) interrogatories, subject to the provisions of paragraph 115 of the Settlement Agreement. All fact discovery shall be commenced in time to be completed by September 4, 2020. Reports from Plaintiffs retained experts shall be due by September 18, 2020.Reports from Defendants retained experts shall be due by October 5, 2020. Supplemental or rebuttal expert reports shall be due by October 21, 2020. All expert discovery shall be commenced in time to be completed by November 10, 2020. ORDERED that an evidentiary hearing will be held 12/7/2020 10:00 AM in Scranton. Pre-hearing memoranda shall be due by seven (7) calendar days before the commencement of the evidentiary hearing; except that, if the evidentiary hearing begins on December 7, 2020, the parties have stipulated that their pre-hearing memoranda shall be due by November 24, 2020, in light of the Thanksgiving holiday. By separate Order, the Court will appoint a discovery master pursuant to paragraph 116 of the Settlement Agreement. See Order for full details. Signed by Honorable Robert D. Mariani on 4/23/20. (jam) |
Filing 501 Letter from Carl W. Hittinger Regarding Proposed Scheduling Order. (Attachments: #1 Proposed Scheduling Order)(Hittinger, Carl) |
Filing 499 Letter from Jordan D. Segall re Special Master. (Demsky, Lisa) |
Filing 498 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 4/17/2020 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2020. Redacted Transcript Deadline set for 5/20/2020. Release of Transcript Restriction set for 7/20/2020. (cr) |
Filing 497 Letter from Carl W. Hittinger Regarding Appointment of a Special Master. (Hittinger, Carl) |
Filing 496 Letter from Carl W. Hittinger providing call-in number for Enforcement Motion Management Conference. (Hittinger, Carl) |
Filing 495 ORDER (memorandum filed previously as separate docket entry): #452 MOTION to Bifurcate Enforcement Motion proceedings is DENIED. A telephonic Enforcement Motion Management Conference shall be held on Friday, 4/17/2020 11:30 AM. At least three days prior to the telephonic Enforcement Motion Management Conference, Counsel for the plaintiff shall provide the Court, via e-filing, a call-in number which the Court, Court Reporter, and all counsel of record may call to connect to the conference call. Signed by Honorable Robert D. Mariani on 4/8/20. (jam) |
Filing 494 MEMORANDUM (Order to follow as separate docket entry) re #452 MOTION to Enforce Settlement Agreement filed by Bobrick Washroom Equipment, Inc. Signed by Honorable Robert D. Mariani on 4/8/20. (jam) |
Filing 492 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 4/7/2020 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/7/2020. (cr) |
Filing 491 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 4/7/2020. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 4/7/2020. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 490 Letter from Carl W. Hittinger Regarding Cases Cited by SP in Management Plan. (Hittinger, Carl) |
Filing 489 Letter from Carl W. Hittinger providing call-in number for Enforcement Motion Management Conference. (Hittinger, Carl) |
Filing 488 SCHEDULING ORDER: IT IS HEREBY ORDERED THAT the telephonic Enforcement Motion Management Conference set for Monday, 4/6/20 at 11:30 AM (Doc. 479) is CONTINUED to 4/7/2020 11:30 AM. As directed by the Courts March 31, 2020, Order (Doc. 486), at least three days prior to the telephonic Enforcement Motion Management Conference, Counsel for the plaintiff shall provide the Court, via e-filing, a call in-number which the Court, Court Reporter, and all counsel of record may call to connect to the conference call. Signed by Honorable Robert D. Mariani on 4/2/20. (jam) |
Filing 487 Letter from Carl W. Hittinger providing call-in number for Enforcement Motion Management Conference. (Hittinger, Carl) |
Filing 486 SCHEDULING ORDER: IT IS HEREBY ORDERED THAT at least three days prior to the telephonic Enforcement Motion Management Conference scheduled for Monday, April 6, 2020 at 11:30 am., Counsel for the plaintiff shall provide the Court, via e-filing, a call in-number which the Court, Court Reporter, and all counsel of record for the parties may call to connect to the conference call.Signed by Honorable Robert D. Mariani on 3/31/20. (jam) |
Filing 485 CASE MANAGEMENT PLAN (Jointly Filed) by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 484 ORDER: IT IS HEREBY ORDERED THAT the telephonic Enforcement Motion Management Conference scheduled for Monday, April 6, 2020, at 11:30 AM shall be conducted as scheduled. Signed by Honorable Robert D. Mariani on 3/19/20. (jam) |
Filing 483 Letter from Carl W. Hittinger in response to letter requesting continuation of Enforcement Motion Management Conference. (Hittinger, Carl) |
Filing 482 Letter from Lisa J. Demsky regarding continuation of Enforcement Motion Management Conference. (Demsky, Lisa) |
Filing 481 REPLY by Bobrick Washroom Equipment, Inc.. to #480 Brief in Opposition, (Amended New Matter). (Hittinger, Carl) |
Filing 480 BRIEF IN OPPOSITION re #452 MOTION to Enforce Settlement Agreement (Amended) filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) 1-9, #2 Declaration of Robert Donlon, #3 Declaration of Jennifer Emiliani, #4 Declaration of Michael Morgan)(Demsky, Lisa) |
Filing 479 SCHEDULING ORDER: Upon consideration of Bobrick's Motion to Enforce Settlement Agreement (Doc. 452) and matters discussed at the Telephone Conference held 2/14/20, IT IS HEREBY ORDERED THAT: A telephonic Enforcement Motion Management Conference is scheduled for MONDAY, 4/6/20, at 11:30 AM. Plaintiff's counsel is responsible for arranging the call and all parties shall be on the line and ready to proceed before Chambers is contacted. See Order for additional details..Signed by Honorable Robert D. Mariani on 2/28/20. (jam) |
Filing 478 ORDER granting as modified #465 Motion to Strike and for a Protective Order. Scranton Products, Inc. is DIRECTED to file an amended response to Bobrick's Motion to Enforce Settlement Agreement (Doc. 452) omitting all matter stricken from Scranton Products' Response to Bobrick Washroom Equipment, Inc.'s Motion to Enforce Settlement Agreement (Doc. 453) as set out in the memorandum Opinion within 7 days of the date of this Order. Bobrick Washroom Equipment Inc. is DIRECTED to file an amended Reply to New Matter within 14 days of the date of this Order. Scranton Products shall not seek discovery into settlement-related matters or raise such matters in any future filing in this Court. Signed by Honorable Robert D. Mariani on 2/28/20 (jam) |
Filing 477 MEMORANDUM (Order to follow as separate docket entry) re #465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order filed by Bobrick Washroom Equipment, Inc. Signed by Honorable Robert D. Mariani on 2/28/20. (jam) |
Filing 476 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic status conference held on 2/14/2020 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2020. Redacted Transcript Deadline set for 3/20/2020. Release of Transcript Restriction set for 5/18/2020. (cr) |
Filing 474 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic Status Conf before Judge Mariani on 2/14/2020. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 2/14/2020. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 473 ORDER: IT IS HEREBY ORDERED THAT Travelers is not required to participate in the Status Conference scheduled for Friday, February 14, 2020, or in any further proceedings in the above-captioned matter.Signed by Honorable Robert D. Mariani on 2/11/20. (jam) |
Filing 472 Letter to the Court from Attorney Deasey indicating that unless they receive specific insructions from Chambers, they will not participate in 2/14/20 status conference. (jam) |
Filing 471 SCHEDULING ORDER: Telephone Status Conference set for 2/14/2020 10:30 AM. Plaintiff's counsel is responsible for arranging the call and all parties shall be on the line and ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 2/3/20. (jam) |
Filing 470 Letter from Carl W. Hittinger Inquiring About a Possible Case Status Conference. (Hittinger, Carl) |
Filing 469 BRIEF IN SUPPORT (Further Support) of Motion to Strike re #465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration of Carl Hittinger, #2 Declaration of Mark Loucheim, #3 Certificate of Service, #4 Certificate of Compliance)(Hittinger, Carl) |
Filing 468 AFFIDAVIT in Opposition re #465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order of Lisa J. Demsky filed by Scranton Products, Inc.. (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, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M)(Demsky, Lisa) |
Filing 467 BRIEF IN OPPOSITION re #465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order filed by Scranton Products, Inc..(Demsky, Lisa) |
Filing 466 BRIEF IN SUPPORT of Motion to Strike Allegations Regarding Confidential Settlement Negotiations and for a Protective Order re #465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order, #452 MOTION to Enforce Settlement Agreement filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Declaration Louchheim, #2 Exhibit(s) A, #3 Certificate of Nonconcurrence, #4 Certificate of Service)(Hittinger, Carl) |
Filing 465 MOTION to Strike #453 Brief in Opposition, Allegations Regarding Confidential Settlement Negotiations and for a Protective Order by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Hittinger, Carl) |
Filing 464 SPECIAL ADMISSIONS FORM APPROVED as to Adele M. El-Khouri, Esq.Signed by Honorable Robert D. Mariani on 7/29/19. (jam) |
Filing 463 NOTICE of Appearance by Adele M El-Khouri on behalf of Scranton Products, Inc. (El-Khouri, Adele) |
Filing 462 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Adele M El-Khouri on behalf of Scranton Products, Inc. Attorney Adele M. El-Khouri is seeking special admission. Filing fee $ 50, receipt number 0314-4827766., filed by on behalf of Scranton Products, Inc..(El-Khouri, Adele) |
Filing 461 Letter from Lisa J. Demsky regarding Bobrick's Motion to Enforce Settlement Agreement. (Demsky, Lisa) |
Filing 460 SPECIAL ADMISSIONS FORM APPROVED as to Julian D. Perlman, Esq.Signed by Honorable Robert D. Mariani on 7/26/19. (jam) |
Filing 459 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Julian D Perlman on behalf of Bobrick Washroom Equipment, Inc. Attorney Julian Perlman is seeking special admission. Filing fee $ 50, receipt number 0314-4826863.. (Perlman, Julian) |
Filing 458 Letter from Carl W. Hittinger in reference to Bobrick's Motion to Enforce Settlement Agreement. (Hittinger, Carl) |
Filing 457 NOTICE by Scranton Products, Inc. of Withdrawal of Appearance of Brad D. Brian (Demsky, Lisa) |
Filing 456 NOTICE of Appearance by Julian D Perlman on behalf of Bobrick Washroom Equipment, Inc.. (Attachments: #1 Certificate of Service)(Perlman, Julian) |
Filing 455 Letter from Carl W. Hittinger relating to Bobrick's Reply to New Matter (Dkt. 454). (Hittinger, Carl) |
Filing 454 REPLY by Bobrick Washroom Equipment, Inc.. to #452 MOTION to Enforce Settlement Agreement, #453 Brief in Opposition, (Reply to New Matter). (Hittinger, Carl) |
Filing 453 BRIEF IN OPPOSITION re #452 MOTION to Enforce Settlement Agreement filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) 1 through 9, #2 Declaration of Robert Donlon, #3 Declaration of Jennifer Emiliani, #4 Declaration of Michael Morgan)(Demsky, Lisa) |
Filing 452 MOTION to Enforce Settlement Agreement by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1 - 8)(Hittinger, Carl) Modified on 4/7/2020 (jam). Modified on 4/23/2020 (jam). |
Filing 451 ORDER: IT IS HEREBY ORDERED THAT James A. Swetz, Esq., is appointed as the independent, third-party auditor, to "examine" at Bobrick's request but not more frequently than every six months, "Scranton Products' records of transmission and confirm that Scranton Products has, in fact, sent the required Customer Letters" and perform all related duties as set forth in the "Settlement Agreement and Mutual General Release" executed by the parties to this action. Signed by Honorable Robert D. Mariani on 3/25/19. (Copy sent to Mr. Swetz via email from Chambers)(jam) |
Filing 450 Letter from Lisa J. Demsky re: Selection of Independent Auditor. (Demsky, Lisa) |
Filing 449 Letter from Carl W. Hittinger Re: Customer-Letter Audit. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Hittinger, Carl) |
Filing 448 ORDER : IT IS HEREBY ORDERED that: 1. On or before 3/15/19, the parties shall each submit letters to the Court confirming that each consents to the selection of an auditor by the Court in the absence of their agreement on a third-party auditor. 2. The parties' letters may each include the proposed names of three additional individuals to act as the independent auditor in this action. 3. Should consent be provided by each party as indicated in paragraph 1 above, the Court will appoint an individual to serve as auditor who may be selected from the names offered by the parties or who may be chosen by the Court in its discretion. Signed by Honorable Robert D. Mariani on 2/26/19. (jam) |
Filing 447 ORDER: IT IS HEREBY ORDERED that each party to this case shall complete the attached Disqualification Disclosure Form by 2/11/19 and send it directly to Peter Welsh, Acting Clerk of Court. SEE ORDER FOR DETAILS. Signed by Honorable Robert D. Mariani on 1/28/19. (jam) |
Filing 446 Letter from Lisa J. Demsky re Auditor for Customer Letters. (Attachments: #1 Exhibit(s) A-Excerpts from Settlement Agreement Dkt. 435, #2 Exhibit(s) B-2018-11-17 Hittinger email, #3 Exhibit(s) C-Thomas Blewitt_Biography, #4 Exhibit(s) D-Lewis W Wetzel_Biography, #5 Exhibit(s) E-Joseph Van Jura_Biography, #6 Exhibit(s) F-2018-11-24 Hittinger email)(Demsky, Lisa) |
Filing 445 Letter from Carl W. Hittinger regarding Auditor. (Hittinger, Carl) |
Filing 444 ORDER : IT IS HEREBY ORDERED THAT: The revised Settlement Agreement attached as Exhibit 1 to the parties' Joint Letter (Doc. 435) is APPROVED. The parties are authorized to execute the revised Settlement Agreement, attached as Exhibit 1 to the parties Joint Letter (Doc. 435). The Court will retain jurisdiction for the limited purpose of enforcing the terms of the Settlement Agreement. Motion to Compel (Doc. 389) is DISMISSED AS MOOT. This action is DISMISSED WITH PREJUDICE. Clerk of Court directed to CLOSE this case. See ORder for additional details.Signed by Honorable Robert D. Mariani on 3/6/18. (jam) |
Filing 443 ORDER denying #421 Motion to Intervene. Signed by Honorable Robert D. Mariani on 3/6/18 (jam) |
Filing 442 MEMORANDUM OPINION (Order to follow as separate docket entry) re #421 MOTION to Intervene filed by Travelers Property Casualty Company of America. Signed by Honorable Robert D. Mariani on 3/6/18. (jam) |
Filing 441 Letter to the Court dated 1/16/18 from Francis J. Deasey, Esq. re: transfer of California action, enclosing couertesy copy of transfer Order. (Attachments: #1 Attachment) (jam) |
Filing 440 SUR REPLY to REPLY to Response to Motion re #421 MOTION to Intervene filed by Bobrick Washroom Equipment, Inc..(ao) |
Filing 439 ORDER granting Bobrick's Unopposed #437 Motion for Leave to File a Surreply to Travelers Property Casualty Co's of America's Motion to Intervene. Bobrick's proposed Surreply attached as Exhibit 1 to the Motion shall be accepted and considered. Signed by Honorable Robert D. Mariani on 1/8/18 (ao) |
Filing 438 BRIEF IN SUPPORT of Bobrick's Unopposed Motion for Leave to File a Surreply re #437 Unopposed MOTION for Extension of Time to File a Surreply to Travelers Property Casualty Company of America's Motion to Intervene, #421 MOTION to Intervene filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 437 Unopposed MOTION for Extension of Time to File a Surreply to Travelers Property Casualty Company of America's Motion to Intervene by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit(s) 1)(Hittinger, Carl) |
Filing 436 REPLY BRIEF of Motion by Travelers Property Casualty Company of America re #421 MOTION to Intervene filed by Travelers Property Casualty Company of America.(Deasey, Francis) Modified on 1/23/2018 (ao). |
Filing 435 Letter from Carl W. Hittinger enclosing Executed Settlement Agreement and Redline Version Showing Changes. (Hittinger, Carl) |
Filing 434 ORDER : The request from the parties as stated in the Joint Status Report (Doc. 433) is APPROVED. Parties shall have up to and including 12/29/17 to submit the revised executed Settlement Agreement that includes a process for dispute resolution. Signed by Honorable Robert D. Mariani on 12/22/17. (jam) |
Filing 433 Letter from Carl W. Hittinger serving as joint status report to the Court. (Hittinger, Carl) |
Filing 432 ORDER granting #430 Motion for Extension of Time to File Reply re #421 MOTION to Intervene . Reply Brief due by 1/2/2018.Signed by Honorable Robert D. Mariani on 12/15/17 (jam) |
Filing 431 CERTIFICATE of of Concurrence by Travelers Property Casualty Company of America re #430 MOTION for Extension of Time to File Brief in Response filed . (Deasey, Francis) |
Filing 430 MOTION for Extension of Time to File Brief in Response filed by Travelers Property Casualty Company of America. (Attachments: #1 Proposed Order)(Deasey, Francis) |
DOCKET ANNOTATION: Attorney Mark Peterson has been specially admitted to this case; ECF registration form to be completed and submitted, or a memo to the Chief Judge to be exempt from e-filing. (lg) |
Filing 429 BRIEF IN OPPOSITION re #421 MOTION to Intervene filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Certificate of Service)(Hittinger, Carl) |
SPECIAL ADMISSION FORM AND ECF REGISTRATION FORM mailed to Attorney Mark Peterson (lg) |
Filing 428 SPECIAL ADMISSIONS FORM APPROVED as to Mark D. PetersonSigned by Honorable Robert D. Mariani on 12/8/17. (ao) |
Filing 426 ORDER : IT IS HEREBY ORDERED THAT: 1. The request from the parties as stated in the Joint Status Report (Doc. 425) is APPROVED. 2. Parties shall report to the Court by 12/22/17 with either a joint proposal for dispute resolution, or the status of the parties' discussions. Signed by Honorable Robert D. Mariani on 12/4/17. (jam) Modified on 12/4/2017 (jam). |
Filing 425 Letter from Carl W. Hittinger which serves as the parties' joint status report. (Hittinger, Carl) |
Filing 424 MOTION to Appear Pro Hac Vice - Attorney Mark Peterson is seeking special admission. Filing fee $ 50, receipt number 0314-4265114. by Travelers Property Casualty Company of America.(Deasey, Francis) |
Filing 423 Letter from Attorney Francis J. Deasey, Esquire . (Deasey, Francis) |
Filing 422 BRIEF IN SUPPORT re #421 MOTION to Intervene filed by Travelers Property Casualty Company of America. (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)(Deasey, Francis) |
Filing 421 MOTION to Intervene by Travelers Property Casualty Company of America.(Deasey, Francis) |
Filing 420 Letter from Carl W. Hittinger notifying Your Honor of a civil case pending in the United Stated District Court for the Central District of California. (Hittinger, Carl) |
Filing 419 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on 11/2/17 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 2/1/2018. (cr) |
Filing 418 ORDER : IT IS HEREBY ORDERED THAT the parties shall report to the Court by 12/1/17 with respect to the dispute resolution issues raised in the 11/2/17 Conference call. Signed by Honorable Robert D. Mariani on 11/3/17. (jam) |
Filing 417 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic Status Conference before Judge Mariani on 11/2/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 11/2/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 416 SCHEDULING ORDER: Telephone Conference RESCHEDULED for 11/2/2017 04:30 PM before Honorable Robert D. Mariani. Counsel for Bobrick Washroom Equipment is responsible for arranging the call and all parties should be ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 10/12/17. (jam) |
Filing 415 Letter from Carl W. Hittinger regarding conference call. (Hittinger, Carl) |
Filing 414 SCHEDULING ORDER: Telephone Conference set for 10/12/2017 03:00 PM with respect to the pending Joint Motion to Approve Settlement Agreement and Retain Jurisdiction to Enforce Settlement (Doc. 411). Counsel for Bobrick is responsible for arranging the call and all parties should be ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 10/11/17. (jam) |
Filing 413 ORDER granting #412 Motion to Stay. ORDERED that: All discovery and motion practice unrelated to the Settlement Agreement and Mutual General Release is hereby STAYED. The stay shall be lifted 10 business days after the Court has issued a final ruling on the Joint motion to Approve. See Order for additional details. Signed by Honorable Robert D. Mariani on 9/8/17 (jam) |
Filing 412 Joint MOTION to Stay re #411 Joint MOTION for Settlement (to Approve Settlement Agreement) and Retain Jurisdiction to Enforce Settlement Pending Ruling on Approval of Settlement by Bobrick Washroom Equipment, Inc., Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order)(Hittinger, Carl) |
Filing 411 Joint MOTION for Settlement (to Approve Settlement Agreement) and Retain Jurisdiction to Enforce Settlement by Bobrick Washroom Equipment, Inc., Scranton Products, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order)(Hittinger, Carl) |
Filing 409 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on 8/22/17, before Judge Mannion. Court Reporter L. Boyanowski, RMR, CRR, Telephone number 570-499-0038. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/28/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/6/2017. (cr5, ) |
Filing 408 COURT REPORTER NOTES OF PROCEEDINGS filed by L. Boyanowski, RMR, CRR of Telephone Conference before Judge Mariani on 8/22/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 8/22/17. By s/ L. Boyanowski, RMR, CRR. (Court Reporter Notes are viewable by court staff only). (cr5, ) |
Filing 407 ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED THAT: Scranton Products' request to designate certain information in the Washington Penn Plastics' production and Jungbluth deposition as AEO, despite being untimely under the Modified Stipulated Protective Order, is GRANTED. Scranton Products has demonstrated "excusable neglect" warranting a modest extension of the deadlines.Signed by Honorable Robert D. Mariani on 8/23/17. (jam) |
Filing 406 MEMORANDUM OPINION re: AEO designation (Order to follow as separate docket entry)Signed by Honorable Robert D. Mariani on 8/23/17. (jam) |
Filing 405 ORDER granting #402 Motion to Seal Document. Signed by Honorable Robert D. Mariani on 8/21/17 (jam) |
Filing 404 Letter from Laura D. Smolowe re Order directing submission of letter briefs (Dkt. 400). (Attachments: #1 Exhibit(s) A (Affidavit), #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Smolowe, Laura) |
Filing 403 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 EXH E PART 2, #2 EXH E PART 3, #3 EXH F, #4 Declaration, #5 Proposed Order) (cl) |
Filing 402 MOTION to File Document Under Seal by Scranton Products, Inc..(cl) |
Filing 401 Letter from Carl W. Hittinger on behalf of Bobrick Washroon Equipment, Inc. re 400 ORDER directing submission of letter briefs. (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 400 SCHEDULING ORDER: IT IS HEREBY ORDERED THAT: 1.Both parties are directed to submit letter briefs, not to exceed 750 words (not including exhibits), on or before Friday, August 18, 2017, detailing the specific nature of the dispute and setting forth their position. 2.A telephone conference shall be held on Tuesday, August 22, 2017 at 11:00 a.m. Counsel for Defendant, Scranton Products, Inc., is responsible for arranging the call to (570) 207-5750 and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 8/15/17. (jam) |
Filing 399 NOTICE by Scranton Products, Inc. Regarding Discovery Dispute (Ehler, Rose) |
Filing 398 REPLY BRIEF re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment filed by Bobrick Washroom Equipment, Inc.. (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, #7 Exhibit(s) G)(Hittinger, Carl) |
Filing 397 STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER: All fact discovery shall be completed by January 12, 2018. Reports from Bobrick Washroom Equipment, Inc.'s retained experts shall be due by February 14, 2018. Reports from Scranton Product's Inc.'s retained experts shall be due by March 16, 2018. Supplementations shall be due by April 13, 2018. All expert discovery shall be commenced in time to be completed by May 18, 2018. All potentially dispositive motions shall be filed no later than June 18, 2018. Opposition to dispositive motions shall be due by July 18, 2018. Replies in support of dispositive motions shall be due by August 18, 2018Signed by Honorable Robert D. Mariani on 8/1/17. (ga) |
Filing 396 Letter from Carl W. Hittinger to the Honorable Robert D. Mariani attaching Stipulation and Proposed Order to Modify Pretrial Schedule. (Hittinger, Carl) |
Filing 395 BRIEF IN OPPOSITION re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment Second Amended filed by Buchanan Ingersoll & Rooney, PC. (Attachments: #1 Exhibit(s) A- Relevant Pages of Jungbluth Dep Tr., #2 Exhibit(s) B - June 6, 2017 Letter, #3 Exhibit(s) C - June 9, 2017 Subpoena, #4 Exhibit(s) D - June 14, 2017 Letter, #5 Exhibit(s) E - July 5, 2017 Objections and Responses, #6 Exhibit(s) F - July 5, 2017 Email, #7 Exhibit(s) G - July 5, 2017 Email, #8 Exhibit(s) H - July 5, 2017 Email, #9 Exhibit(s) I - July 19, 2017 Letter, #10 Appendix Unpublished Opinions)(Brier, Daniel) |
Filing 394 APPENDIX by Scranton Products, Inc.. to #392 Brief in Opposition,, with Unpublished Cases Cited in Brief. (Demsky, Lisa) |
Filing 393 BRIEF IN OPPOSITION re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment AMENDED filed by Buchanan Ingersoll & Rooney, PC. (Attachments: #1 Exhibit(s) A - Relevant Pages of Jungbluth Dep. Tr., #2 Exhibit(s) B - June 6, 2017 Letter, #3 Exhibit(s) C - June 9, 2017 Subpoena, #4 Exhibit(s) D - June 14, 2017 Letter, #5 Exhibit(s) E - July 5, 2017 Objections and Responses, #6 Exhibit(s) F - July 5, 2017 Email, #7 Exhibit(s) G - July 5, 2017 Email, #8 Exhibit(s) H - July 5, 2017 Email, #9 Exhibit(s) I - July 5, 2017 Email, #10 Exhibit(s) J - July 19, 2017 Letter, #11 Appendix Unpublished Opinions)(Brier, Daniel) |
Filing 392 BRIEF IN OPPOSITION re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment filed by Scranton Products, Inc.. (Attachments: #1 Declaration of Jordan D. Segall, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K)(Demsky, Lisa) |
Filing 391 BRIEF IN OPPOSITION re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment filed by Buchanan Ingersoll & Rooney, PC. (Attachments: #1 Exhibit(s) A - Relevant Pages of Jungbluth Deposition Transcript, #2 Exhibit(s) B - June 6, 2017 Letter, #3 Exhibit(s) C - Subpoena, #4 Exhibit(s) D - June 14, 2017 Letter, #5 Exhibit(s) E - July 5, 2017 Letter, #6 Exhibit(s) F - July 5, 2017 Email, #7 Exhibit(s) G - July 19, 2017 Letter, #8 Appendix Unpublished Opinions)(Brier, Daniel) |
Filing 390 BRIEF IN SUPPORT re #389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Hittinger, Carl) |
Filing 389 MOTION to Compel Buchanan, Ingersoll & Rooney To Produce Documents Relating To Scranton Products Investigation, Initiation, And Continuation of Its Lawsuit Against Bobrick Washroom Equipment by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Local Rule 26.3 Statement)(Hittinger, Carl) |
Filing 388 Letter from Laura D. Smolowe responding to letter regarding in camera documents. (Demsky, Lisa) |
Filing 387 Letter from Carl W. Hittinger regarding in camera documents. (Hittinger, Carl) |
Filing 386 NOTICE by Scranton Products, Inc. of Lodging of Documents Pursuant to the Court's Orders of June 1, 2017 and June 7, 2017 (Dkts. 380, 385) (Demsky, Lisa) |
Filing 385 ORDER 1. Scranton Products' request for atelephone conference is DENIED. 2.Scranton Products shall fully and completely comply with the Court's June 1 Order, including submitting the three documents that are the subject of the parties' dispute for in camera inspection. 3. Scranton Products shall specifically identify for the Court the three documents that are the subject of the dispute.Signed by Honorable Robert D. Mariani on 6/7/17. (jfg) |
Filing 384 Letter from Carl W. Hittinger in response to letter submitted by Scranton Products (Dkt. 383). (Hittinger, Carl) |
Filing 383 Letter from Lisa J. Demsky requesting a conference call to address a dispute relating to the Court's Order to submit documents for in camera review (Dkt. 380).. (Demsky, Lisa) |
Filing 382 ORDER granting #378 Document Sealed Signed by Honorable Robert D. Mariani on 6/2/17. (ao) |
Filing 381 SPECIAL ADMISSIONS FORM APPROVED as to Jordan D. SegallSigned by Honorable Robert D. Mariani on 6/2/17. (ao) |
Filing 380 ORDER re: #329 Motion to Compel ; within seven (7) days of the date of this Order, Scranton Products shall submit two (2) copies of the documents identified on its privilege logs for the court's in camera inspection; Signed by Honorable Robert D. Mariani on 6/1/17 (ep) |
Filing 379 DOCUMENT SEALED: Scranton Products' Answer to Amended Counterclaim. (bg) |
Filing 378 DOCUMENT SEALED: Motion to file under seal. (Attachments: #1 Proposed Order) (bg) |
Filing 377 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jordan D Segall on behalf of All Defendants Attorney Jordan Segall is seeking special admission. Filing fee $ 50, receipt number 0314-4104640.. (Segall, Jordan) |
Filing 376 ANSWER to #242 Amended Answer to Complaint, Counterclaim,, Scranton Products Answer to Amended Counterclaim [PUBLIC/REDACTED] by Scranton Products, Inc..(Smolowe, Laura) |
Filing 375 ORDER granting #374 Motion for Extension of Time to Answer to Pltf's Amended Counterclaim. Scranton Products, Inc. answer due 6/1/2017. Signed by Honorable Robert D. Mariani on 6/1/17 (ao) Modified on 6/1/2017 (rm). |
Filing 374 MOTION for Extension of Time to File Answer re #242 Amended Answer to Complaint, Counterclaim,, by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Demsky, Lisa) |
Filing 373 MOTION to File Document Under Seal by Scranton Products, Inc..(Demsky, Lisa) |
Filing 372 NOTICE of Appearance by Thomas J. Elliott on behalf of Scranton Products, Inc.. (Elliott, Thomas) |
Filing 371 ORDER granting #369 Motion to Seal Document. The clerk shall file Under Seal Bobrick Washroom Equipment's Reply Brief in Support of Motion to Compel Scranton Products to Withdraw Objections to Production of Documents Responsive to Bobrick's Subpoenas, including exhibits A through E. Signed by Honorable Robert D. Mariani on 5/31/17 (ao) |
Filing 370 SEALED DOCUMENT(S) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Declaration, #9 Proposed Order) (cl) Modified on 5/31/2017 (cl). |
Filing 369 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 368 ORDER that Pltf's request for a telephone conference is DENIED.Signed by Honorable Robert D. Mariani on 5/26/2017. (rm) |
Filing 367 Letter from Carl W. Hittinger requesting a conference call to address an issue relating to the upcoming deposition of Eric Jungbluth. (Hittinger, Carl) |
Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 5/19/17 before Judge Mariani. Court Reporter K. Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2017. Redacted Transcript Deadline set for 6/22/2017. Release of Transcript Restriction set for 8/21/2017. (cr) |
Filing 365 ORDER that the Motion is GRANTED. The clerk shall file Under Seal Scranton Products, Inc.'s Bobrick Washroom Equipment's letter to the Court, including Exhibit A and Exhibit B in accordance with the Court's Order of May 17,2017 (Dkt. 359).Signed by Honorable Robert D. Mariani on 5/19/17 (jfg) |
Filing 364 ORDER: Bobrick's Objections to Scranton Product's Interrogatories Nos. 1,2,3,4,5,6,7,8,9,10,12,13,14,15,16,17,19,20 and 21 are OVERRULED. Bobrick shall fully, accurately, completely and truthfully answer each interrogatory within ten (10) days of the date of this Order. Bobrick's Objections to Scranton Products' Requests for Production of Documents Nos. 10,11,12,13,14,15,19,20,21,22,24 and 28 are OVERRULED. Bobrick shall provide all documents responsive to Scranton Products' requests within ten (10) days of the date of this Order. Scranton Products' Objections to Bobrick's Requests for Production of Documents Nos. 31,32,33,34,35 and 36 are OVERRULED. Scranton Products shall provide all documents responsive to Bobrick's rquests within ten (10) days of the date of this Order. PLEASE SEE ORDER FOR COMPLETE DETAILS).Signed by Honorable Robert D. Mariani on 5/19/17. (lh) |
Filing 363 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 5/19/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 5/19/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 362 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Proposed Order, #2 EXHIBIT A, #3 EXHIBIT B) (cl) |
Filing 361 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 360 Letter from Scranton Products Inc. re: submission in response to May 17 Court Order (Dkt. 359). (Ehler, Rose) |
Filing 359 ORDER 1. In advance of the telephone conference scheduled for Friday May 19, 2017 at 1:30 P.M., Bobrick shall place of record the specific discovery requests and responses identified in footnote 1of its May 9, 2017 letter. (Doc. 343). 2. Scranton Products shall also submit the discovery requests and responses to which it makes reference in paragraphs one through three of its May 9,2017 letter. (Doc. 344). 3. Both submissions shall be due no later than 2:00 P.M. on Thursday May 18, 2017. 4. To the extent that the discovery requests and/or responses contain information designated confidential and/or attorneys' eyes only, the parties shall file the documents under seal.Signed by Honorable Robert D. Mariani on 5/17/17. (jfg) |
Filing 358 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral argument held on 5/12/17 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/7/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/15/2017. (cr) |
Filing 357 ORDER: THAT: the telephone conference scheduled for Friday May 19,2017 at 3:30 P.M. is RESCHEDULED and shall take place on Friday May 19, 2017 at 1:30 P.M. Counsel for the Plaintiff is responsible for arranging the call to (570) 207-5750 and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 5/17/17. (jfg) |
Filing 356 ORDER upon consideration of Defendant's Partial Motion to Dismiss with Prejudice, (Doc. 324), IT IS HEREBY ORDERED THAT: Defendant's Motion, (Doc. 324), is DENIED.Signed by Honorable Robert D. Mariani on 5/16/17. (jfg) |
Filing 355 MEMORANDUM OPINION - For the foregoing reasons, the Court will deny SP's Motion in its entirety. A separate Order follows.Signed by Honorable Robert D. Mariani on 5/16/17. (jfg) |
Filing 353 ORDER granting #352 Unopposed Motion to Seal Document. The clerk shall file Under Seal Deft Scranton Products Inc.'s Brief in Opposition to Bobrick's Motion to Compel Scranton Products to Withdraw Objections to Production of Documents Responsive to Bobrick's Subpoenas, including exhibits A through H. Signed by Honorable Robert D. Mariani on 5/16/17 (ao) |
Filing 352 Unopposed MOTION to File Document Under Seal by Scranton Products, Inc..(Smolowe, Laura) |
Filing 351 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Mariani on 5/12/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 5/12/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 350 Letter from Scranton and Bobrick Re Discovery Dispute. (Smolowe, Laura) |
Filing 349 ORDER that PlaintiffBobrick Washroom Equipment's Motion for Leave to File a Supplemental Brief, filed May 10,2017, is GRANTED. The Clerk ofCourt is DIRECTED to docket Bobrick's Supplemental Brief, attached to Bobrick's Motion for Leave as Exhibit A. It is further ORDERED that Scranton Products shall have until Monday, May 15,2017 to file its brief in opposition to Bobrick's motion to compel,Signed by Honorable Robert D. Mariani on 5/11/17 (jfg) |
Filing 348 BRIEF IN SUPPORT re #347 Unopposed MOTION for Leave to File Supplemental Brief Addressing Courts Question Regarding In Camera Review Of Documents At Issue In Bobricks Motion To Compel, #329 MOTION to Compel Scranton Products To Withdraw Objections To Production Of Documents Responsive To Bobricks Subpoenas filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 347 Unopposed MOTION for Leave to File Supplemental Brief Addressing Courts Question Regarding In Camera Review Of Documents At Issue In Bobricks Motion To Compel by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Certificate of Concurrence, #3 Proposed Order)(Hittinger, Carl) |
Filing 346 ORDER: THAT: the Court will hold atelephone conference on Friday May 19, 2017 at 3:30 P.M. to address the parties' discovery disputes. (Docs. 343-345). Counsel for the Plaintiff is responsible for arranging the call to (570) 207-5750 and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 5/10/17\. (jfg) |
Filing 345 Letter from Carl W. Hittinger regarding Discovery Disputes. (Hittinger, Carl) |
Filing 344 NOTICE by Scranton Products, Inc. Regarding Discovery Disputes (Demsky, Lisa) |
Filing 343 Letter from Carl W. Hittinger Notification of discovery disputes. (Hittinger, Carl) |
Filing 342 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 5/5/17 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2017. Redacted Transcript Deadline set for 6/9/2017. Release of Transcript Restriction set for 8/7/2017. (cr) |
Filing 341 ORDER 1. Plaintiffs Motion, (Doc. 327), is DENIED AS MOOT. 2. Bobrick shall take the deposition of Eric Jungbluth on June 1 and 2, 2017, with the deposition on each date to be for a full day in accordance with Federal Rule of Civil Procedure 30(d)(1). The deposition shall not exceed two days as defined above and shall be the sole deposition to be taken of Eric Jungbluth by Bobrick in this matter. The subpoena to be served upon Mr. Jungbluth shall be served upon counsel for Scranton Products who has represented to the Court it will accept service on behalf of Mr. Jungbluth. 3. Before the parties result to formal discovery motions they must 'first contact t the Court and notify the Court that a discovery dispute exists, after which the Court will promptly schedule a telephone discovery conference in an effort to resolve the dispute. No discovery motions shall be filed prior to the fulfilment of this requirement.Signed by Honorable Robert D. Mariani on 5/5/17 (jfg) |
Filing 340 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 5/5/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 5/5/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 339 ORDER re #337 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for rose L. Ehler. Signed by Honorable Robert D. Mariani on 5/4/17. (jfg) |
Filing 338 REPLY BRIEF re #327 MOTION to Compel Compliance with the Courts February 23, 2017 Discovery Order Directing The Parties To Timely Conduct The Deposition of Eric Jungbluth filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 337 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Rose L Ehler on behalf of Scranton Products, Inc. Attorney Rose Ehler is seeking special admission. Filing fee $ 50, receipt number 0314-4079201.. (Ehler, Rose) |
Filing 336 REPLY BRIEF re #324 MOTION to Dismiss Defendant Scranton Products Inc.s Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) Of Unpublished Decisions Cited Within Reply Brief)(Smolowe, Laura) |
Filing 335 BRIEF IN OPPOSITION re #327 MOTION to Compel Compliance with the Courts February 23, 2017 Discovery Order Directing The Parties To Timely Conduct The Deposition of Eric Jungbluth filed by Scranton Products, Inc.. (Attachments: #1 Declaration of Lisa J. Demsky, #2 Exhibit(s) A-M)(Demsky, Lisa) |
Filing 334 ORDER granting #330 Sealed Motion Signed by Honorable Robert D. Mariani on 5/1/17 (jfg) |
Filing 333 ORDER:THAT the Court will hold atelephone conference on Friday May 5, 2017 at 3:30 P.M. to address Plaintiffs pending Motions to Compel. (Docs. 327,329). Counsel for the Plaintiff is responsible for arranging the call to (570) 207-5750 and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 5/1/17. (jfg) |
Filing 332 DOCUMENT SEALED - Brief in Support of Motion to Compel Scranton Products to Withderaw Objections to Production of Documents Responsive to Bobrick's Subpoenas, filed by Pltf Bobrick Washroom Equipment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (rm) |
Filing 331 STATEMENT OF JUSTIFICATION FOR SEALING ORDER, filed by Pltf Bobrick Washroom Equipment, Inc. (Attachments: #1 Proposed Order)(rm) |
Filing 330 MOTION to File under Seal, filed by Pltf Bobrick Washroom Equipment, Inc.. Brief in Support due by 5/15/2017 (rm) |
Filing 329 MOTION to Compel Scranton Products To Withdraw Objections To Production Of Documents Responsive To Bobricks Subpoenas by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Hittinger, Carl) |
Filing 328 MEMORANDUM OF LAW by Bobrick Washroom Equipment, Inc. re #327 MOTION to Compel Compliance with the Courts February 23, 2017 Discovery Order Directing The Parties To Timely Conduct The Deposition of Eric Jungbluth . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Hittinger, Carl) |
Filing 327 MOTION to Compel Compliance with the Courts February 23, 2017 Discovery Order Directing The Parties To Timely Conduct The Deposition of Eric Jungbluth by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 326 BRIEF IN OPPOSITION re #324 MOTION to Dismiss Defendant Scranton Products Inc.s Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 325 BRIEF IN SUPPORT - Defendant Scranton Products Inc.s Brief in Support of Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim re #324 MOTION to Dismiss Defendant Scranton Products Inc.s Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A-R)(Demsky, Lisa) |
Filing 324 MOTION to Dismiss Defendant Scranton Products Inc.s Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim by Scranton Products, Inc.. (Attachments: #1 Proposed Order)(Demsky, Lisa) |
Filing 323 STATUS REPORT Regarding Discovery Status by Scranton Products, Inc.. (Demsky, Lisa) |
Filing 322 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings held on March 20, 2017, before Judge Mariani. Court Reporter Diana Gilbride, Telephone number (570)498-7552. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/12/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/20/2017. (cr1, ) |
Filing 321 DOCUMENT SEALED Exhibit 1 to the redacted version of the Second Amended Answer with Counterclaim filed by pltf Bobrick Washroom Equipment, Inc. (ao) |
Filing 320 DOCUMENT SEALED - Second Amended Answer with Counterclaim including Exhibits 1 through 4 filed by pltf Bobrick Washroom Equipment, Inc. (Attachments: #1 Cont.) (ao) |
Filing 319 ORDER that the motion is GRANTED. The Clerk shall file under seal Plaintiff's Exhibits A through C to PlaintiffBobrick Washroom Equipment, Inc.'s Consent Motion to File a Second Amended Answer with Counterclaim.Signed by Honorable Robert D. Mariani on 3/21/17. (jfg) |
Filing 318 AMENDED ANSWER to #1 Complaint , COUNTERCLAIM [REDACTED] against Scranton Products, Inc. by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1 - Filed Under Seal, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Hittinger, Carl) |
Filing 317 DOCUMENT SEALED - Pending Sealing Order (Exhibits A, B & C) (Attachments: #1 Exhibit(s) A Part II, #2 Exhibit(s) B Part I, #3 Exhibit(s) B Part II, #4 Exhibit(s) C Part I, #5 Exhibit(s) C Part II) (bg) |
Filing 316 DOCUMENT SEALED (Motion to File Under Seal) (Attachments: #1 Proposed Order, #2 Statement of Justification for Sealing Order) (bg) |
Filing 315 COURT REPORTER NOTES OF PROCEEDINGS filed by Diana Gilbride of Teleconference before Judge Mariani on Monday, March 20, 2017. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on Monday, March 20, 2017. By s/ Diana Gilbride. (Court Reporter Notes are viewable by court staff only). (cr1, ) |
Filing 314 ORDER: 1. Defendant Scranton Products, Inc. shall have until April 3, 2017 to file a renewed Motion to Dismiss and brief in support. 2. Plaintiff Bobrick Washroom Equipment, Inc. shall have until April 17, 2017 to file a brief in opposition. 3. Defendant Scranton Products, Inc. shall have until May 1,2017 to file areply brief. 4. The oral argument currently scheduled for March 23, 2017, is RESCHEDULED and shall take place on Friday May 12, 2017 at 1:30 p.m. in aCourtroom to be designated by the Clerk of Court. Signed by Honorable Robert D. Mariani on 3/20/17. (jfg) |
Filing 313 ORDER that Plaintiff Bobrick Washroom Equipment Inc. 's ("Bobrick") Consented to Motion to File a Second Amended Answer with Counterclaim (the "Motion") is GRANTED. Bobrick is hereby DIRECTED: 1. Within ten (l0) calendar days of the date of this order, to file under seal and serve upon Defendant Scranton Products Inc. ("Scranton Products") the unredacted version of the Second Amended Answer with Counterclaim that was attached to the Motion as Exhibit B thereto, and 2. Within ten (l0) calendar days of the date of this order, to file on the public docket and serve upon Scranton Products the redacted version of the Second Amended Answer with Counterclaim that was attached to the Motion as Exhibit C thereto, except that leave is hereby GRANTED to file under seal the document attached to the redacted version ofthe Second Amended Answer with Counterclaim as Exhibit 1. It is further ORDERED that, to ensure that information designated for protection under the Modified Stipulated Protective Order currently in effect (Docket No. 60) is properly filed under seal and not inadvertently filed on the public docket, Bobrick shall effect the foregoing filings, by ECF or by submission to the clerk of court as appropriate, in accordance with the foregoing terms of this Order. It is, therefore, further ORDERED that the clerk of court shall take no action to file the Second Amended Answer with Counterclaim based upon the instant Order alone but shall await further submissions from Bobrick as set forth above; however, no further order of this Court is required to authorize the clerk of court to make the above-described filings under seal when requested to do so by Bobrick. Finally, it is ORDERED that the time for Scranton Products to respond to the Counterclaim pursuant to Federal Rule of Civil Procedure 12(a)(1)(B) shall run from the date of service upon Scranton Products ofthe unredacted version of the Counterclaim.Signed by Honorable Robert D. Mariani on 3/20/17 (jfg) |
Filing 312 ORDER:THAT: the Court will hold atelephone conference on Monday March 20, 2017 at 3:30 P.M. Counsel for the Plaintiff is responsible for arranging the call to (570) 207-5750 and all parties should be ready to proceed before the undersigned is contacted Signed by Honorable Robert D. Mariani on 14-853. (jfg) |
Filing 311 Consent MOTION to Amend/Correct Second Amended Answer with Counterclaim by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Certificate of Concurrence, #5 Proposed Order)(Hittinger, Carl) |
Filing 310 ORDER upon consideration of Plaintiffs Motion to Modify Protective Order, (Doc. 203), IT IS HEREBY ORDERED THAT: Plaintiffs Motion is DENIED.Signed by Honorable Robert D. Mariani on 3/8/17. (jfg) |
Filing 309 MEMORANDUM OPINION - For the foregoing reasons, the Court will deny Plaintiffs Motion. A separate Order follows.Signed by Honorable Robert D. Mariani on 3/8/17. (jfg) |
Filing 308 ORDER THAT: Defendant's request to uphold certain of its Attorneys Eyes Only designations which Plaintiff has challenged, (Doc. 200), is GRANTED.Signed by Honorable Robert D. Mariani on 3/3/17. (jfg) |
Filing 307 MEMORANDUM OPINION - Accordingly, the Court 'finds that SP has properly designated the information contained in the 27 documents as AEO in accordance with the Protective Order. A separate order follows.Signed by Honorable Robert D. Mariani on 3/3/17. (jfg) |
Filing 306 ORDER 1. Scranton Products shall produce the abovementioned test results by March 7, 2017, and 2. Scranton Products' production of the November 2016 test results will not constitute or effect a waiver of the attorney work-product doctrine (to the extent applicable) beyond the actual test results themselves;3. Scranton Productions' production of the November 2016 test results will not constitute or effect a waiver of Scranton Products' attorneyclient privilege on any subject whatsoever, including without limitation the November 2016 test results and procedures, and any communications before or after the November 2016 tests; 4. Bobrick will not pursue any remedy or motion, whether to compel or otherwise, on the basis that such disclosure constituted or effected a waiver of any privilege or protection that might otherwise attach to the disclosed documents produced pursuant to this stipulation and order.Signed by Honorable Robert D. Mariani on 3/2/17. (jfg) |
Filing 305 STIPULATION AND ORDER REGARDING SCRANTON PRODUCTS VOLUNTARY DISCLOSURE OF TEST REPORTS by Scranton Products, Inc., filed by Scranton Products, Inc..(Demsky, Lisa) |
Filing 304 ORDER re #303 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for Laura Smolowe. Signed by Honorable Robert D. Mariani on 2/28/17. (jfg) |
Filing 303 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Laura D Smolowe on behalf of Scranton Products, Inc. Attorney Laura Smolowe is seeking special admission. Filing fee $ 50, receipt number 0314-4017076.. (Smolowe, Laura) |
DOCKET ANNOTATION: California State bar verified as active for Atty Laura Smolowe. (ao) |
Filing 302 REPLY BRIEF re #274 MOTION to Dismiss With Prejudice Defendant and Counterclaim Plaintiff Bobrick's Counterclaim filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s))(Demsky, Lisa) |
Filing 301 SPECIAL ADMISSIONS FORM APPROVED as to William T. DeVinneySigned by Honorable Robert D. Mariani on 2/27/17. (ao) |
Filing 300 SCHEDULING ORDER: Oral Argument on Deft's Motion to Dismiss set for 3/23/2017 01:30 PM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 2/27/17. (ao) |
Filing 299 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by William T DeVinney on behalf of Bobrick Washroom Equipment, Inc. Attorney William DeVinney is seeking special admission. Filing fee $ 50, receipt number 0314-4015952.. (DeVinney, William) |
Filing 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of In-person status conference held on 2/23/17 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (cr) |
DOCKET ANNOTATION: New York bar verified for Atty William T. DeVinney. (ao) |
Filing 297 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of In-person Status Conference before Judge Mariani on 2/23/17. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 2/23/17. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 295 ORDER 1. All fact discovery shall be completed by August 31, 2017. 2.Reports from Bobrick Washroom Equipment, Inc.'s retained experts shall be due by September 30, 2017. 3. Reports from Scranton Products Inc.'s retained experts shall be due by October 31,2017. 4. Supplementations shall be due by November 30, 2017. 5. All expert discovery shall be commenced in time to be completed by January 8, 2018. 6. All potentially dispositive motions shall be filed no later than February 9, 2018. 7. Opposition to dispositive motions shall be due by March 9,2018. 8. Replies in support of dispositive motions shall be due by April 9,2018.Signed by Honorable Robert D. Mariani on 2/23/17. (jfg) |
Filing 294 ORDER - The time for Bobrick Washroom Equipment, Inc. to file its motion for recovery of its costs and attys' fees in connection with Scranton Products' Complaint (the "Motion") shall not be governed by the time limit set forth in F.R.C.P. 54(d)(2)(B)(i), but shall be extended for a reasonable period to allow Bobrick to take limited discovery related to the Motion; The parties shall cooperate to schedule the depositions of Don Wharton and Eric Jungbluth on topics related to Bobrick's Motion at an appropriate time; and Bobrick shall file its Motion w/in 14 calendar days after the above-referenced depositions of Mr. Wharton and Mr. Jungbluth are completed.Signed by Honorable Robert D. Mariani on 2/17/17. (ao) |
Filing 293 Letter from Carl W. Hittinger requesting an extension of time to file a motion for attorneys fees and costs. (Attachments: #1 Exhibit(s) A, #2 Proposed Order)(Hittinger, Carl) |
Filing 292 Letter from Lisa J. Demsky responding to Bobrick's February 12, 2017 letter (Dkt. 288). (Demsky, Lisa) |
Filing 291 STIPULATION AND ORDER by and between the parties, that the caption of this action shall be amended to read as follows: Bobrick Washroom Equipment, Inc. Plaintiff v. Scranton Products Inc., Defendant.Signed by Honorable Robert D. Mariani on 2/15/17. (ao) |
Filing 290 STIPULATION re #287 Order (memorandum filed previously as separate docket entry), Terminate Motions,, Proposed Stipulation and Order to Amend Caption by Bobrick Washroom Equipment, Inc.. (Hittinger, Carl) |
Filing 289 BRIEF IN OPPOSITION re #274 MOTION to Dismiss With Prejudice Defendant and Counterclaim Plaintiff Bobrick's Counterclaim filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 288 Letter from Carl W. Hittinger regarding results of a January 2017, NFPA 286 fireperformance test. (Attachments: #1 Exhibit(s) A, #2 Proposed Order)(Hittinger, Carl) |
Filing 287 ORDER 1. Plaintiff/Counterclaim Defendant Scranton Products Inc.'s Motion for Voluntary Dismissal With Prejudice, (Doc. 233), is GRANTED. 2. Plaintiff/Counterclaim Defendant Scranton Products Inc.'s Complaint, (Doc.1), is DISMISSED WITH PREJUDICE. 3. Within seven (7) days of the date of this Order the parties shall file a joint stipulation to amend the caption to reflect Scranton Product's voluntary dismissal of its claims.Signed by Honorable Robert D. Mariani on 2/10/17. (jfg) |
Filing 286 MEMORANDUM OPINION - For the foregoing reasons, Plaintiff/Counterclaim Defendants SP's Motion for Voluntary Dismissal With Prejudice will be granted. A separate order follows.Signed by Honorable Robert D. Mariani on 2/10/17. (jfg) |
Filing 285 ORDER upon consideration of Bobrick's letter requesting that Scranton Products, Inc. be ordered to file and serve an Answer to Bobrick's counterclaim prior to the Court ruling on Scranton Product's Motion toDismiss, (Doc. 283), IT IS HEREBY ORDERED THAT: Bobrick's request is DENIED.Signed by Honorable Robert D. Mariani on 2/2/17. (jfg) |
Filing 284 ORDER upon consideration of the parties Joint Stipulation to Extend Bobrick's time to file an opposition to Scranton Products, Inc. 's Partial Motion to Dismiss the following has been GRANTED: (a) Bobrick will have until February 13,2017 to file an opposition to Scranton Products' Partial Motion to Dismiss with Prejudice Bobrick's Counterclaim; and (b) Scranton Products will have-until February 27,2017 to reply to Bobrick's opposition to Scranton ProductsPartial motion to dismiss with prejudice Bobrick's Counterclaim.Signed by Honorable Robert D. Mariani on 2/2/17. (jfg) |
Filing 283 Letter from Carl W. Hittinger to request the Court set a date by which Scranton Products must file and serve its answer to Count 1 to Bobricks counterclaim. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 282 STIPULATION re #274 MOTION to Dismiss With Prejudice Defendant and Counterclaim Plaintiff Bobrick's Counterclaim, #275 Brief in Support to Extend Time To Respond by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 281 Letter from Carl W. Hittinger . (Attachments: #1 Joint Proposed Scheduling Order)(Hittinger, Carl) |
Filing 280 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Eric M Spada terminated on behalf of Scranton Products, Inc.. (Spada, Eric) |
Filing 279 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Jan L. Budman, II terminated on behalf of Scranton Products Inc.. (Budman, Jan) |
Filing 278 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Gretchen L. Jankowski terminated on behalf of Scranton Products Inc.. (Jankowski, Gretchen) |
Filing 277 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Wendelynne J. Newton terminated on behalf of Scranton Products Inc.. (Newton, Wendelynne) |
Filing 276 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Jordan M. Webster terminated on behalf of Scranton Products Inc.. (Webster, Jordan) |
Filing 275 BRIEF IN SUPPORT re #274 MOTION to Dismiss With Prejudice Defendant and Counterclaim Plaintiff Bobrick's Counterclaim filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A - F)(Demsky, Lisa) |
Filing 274 MOTION to Dismiss With Prejudice Defendant and Counterclaim Plaintiff Bobrick's Counterclaim by Scranton Products, Inc.. (Attachments: #1 Proposed Order)(Demsky, Lisa) |
Filing 273 Letter from Lisa J. Demsky responding to Bobrick's January 23, 2017 letter (Dkt. 272). (Demsky, Lisa) |
Filing 272 Letter from Carl W. Hittinger regarding depositions. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 271 SUR REPLY to REPLY to Response to Motion re #233 MOTION to Dismiss FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 270 ORDER:1. The Court will hold a Status Conference on Thursday February 23,2017 at 1:30 P.M. in aCourtroom to be designated by the Clerk of the Court.2. Within fourteen (14) days of the date of this Order the parties shall submit a revised joint proposed scheduling order for the Court's consideration. Signed by Honorable Robert D. Mariani on 1/17/17. (jfg) |
Filing 269 ORDER that the motion is GRANTED. Bobrick's proposed Surreply attached as Exhibit 1 to the Motion shall be accepted and considered in connection with the Court's resolution ofPlaintiff Scranton Products Inc.'s Motion for Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(2) (Dkt. 233).Signed by Honorable Robert D. Mariani on 1/17/17 (jfg) |
Filing 268 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Thomas F Burke terminated on behalf of Scranton Products, Inc.. (Burke, Thomas) |
Filing 267 NOTICE of Appearance by Matthew G. Boyd on behalf of Scranton Products, Inc.. (Boyd, Matthew) |
Filing 266 NOTICE of Appearance by John G. Dean on behalf of Scranton Products, Inc.. (Dean, John) |
Filing 265 Letter from Brad D. Brian responding to Bobrick's January 13, 2017 letter (Dkt. 264). (Brian, Brad) |
Filing 264 Letter from Carl W. Hittinger requesting a conference. (Hittinger, Carl) |
Filing 263 BRIEF IN OPPOSITION re #260 MOTION for Leave to File Surreply to plaintiff Scranton Products Inc.s Reply Brief in support of its Motion for Voluntary Dismissal filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A)(Demsky, Lisa) |
Filing 262 NOTICE of Appearance by Thomas F Burke on behalf of Scranton Products, Inc. (Burke, Thomas) |
Filing 261 MEMORANDUM OF LAW by Bobrick Washroom Equipment, Inc. re #260 MOTION for Leave to File Surreply to plaintiff Scranton Products Inc.s Reply Brief in support of its Motion for Voluntary Dismissal . (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Hittinger, Carl) |
Filing 260 MOTION for Leave to File Surreply to plaintiff Scranton Products Inc.s Reply Brief in support of its Motion for Voluntary Dismissal by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1 Surreply, #2 Exhibit(s) A to Surreply, #3 Proposed Order)(Hittinger, Carl) |
Filing 259 REPLY BRIEF re #233 MOTION to Dismiss FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A-M)(Demsky, Lisa) |
Filing 258 ORDER granting #250 Motion for Extension of Time to Answer Bobrick's Counterclaim. Scranton Products, Inc. shall file its response to Bobrick's Counterclaim on or before 1/27/2017. Signed by Honorable Robert D. Mariani on 1/5/17 (ao) |
Filing 257 REPLY BRIEF re #250 MOTION for Extension of Time to File Answer re #242 Amended Answer to Complaint, Counterclaim,, filed by Scranton Products, Inc.. (Attachments: #1 Declaration of Lisa J. Demsky)(Demsky, Lisa) |
Filing 256 ORDER THAT: Defendant/Counterclaim Plaintiff Bobrick Washroom Equipment Inc.'s Motion to Compel, (Doc. 215), is DENIED AS MOOT.Signed by Honorable Robert D. Mariani on 1/4/17 (jfg) |
Filing 255 Letter from Carl W. Hittinger withdrawing Bobrick Washroom Equipment, Inc.'s pending motion to compel Scranton Products Inc. to serve answers and documents in response to Bobricks Fifth Set of Interrogatories and Sixth Set of Requests for Production of Documents (Dkt. 215). (Hittinger, Carl) |
Filing 254 BRIEF IN OPPOSITION re #250 MOTION for Extension of Time to File Answer re #242 Amended Answer to Complaint, Counterclaim,, filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Proposed Order)(Hittinger, Carl) |
Filing 253 DOCUMENT SEALED UNREDACTED AMENDED ANSWER WITH COUNTER CLAIM OF Deft Bobrick Washroom Equipment, Inc. (Attachments: #1 Part 2) (kc) |
Filing 252 ORDER re #248 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for Brad D. Brian.Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) |
Filing 251 ORDER re #249 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for Lisa J. Demsky.Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) |
Filing 250 MOTION for Extension of Time to File Answer re #242 Amended Answer to Complaint, Counterclaim,, by Scranton Products, Inc.. (Attachments: #1 Proposed Order)(Webster, Jordan) |
Filing 249 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lisa J Demsky on behalf of Scranton Products, Inc. Attorney Lisa Demsky is seeking special admission. Filing fee $ 50, receipt number 0314-3967020.. (Demsky, Lisa) |
Filing 248 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Brad D Brian on behalf of Scranton Products, Inc. Attorney Brad Brian is seeking special admission. Filing fee $ 50, receipt number 0314-3966973.. (Brian, Brad) |
Filing 247 ORDER upon consideration of Defendant's Motion to File Under Seal and Statement of Justification for Sealing Order, it is hereby ORDERED that the motion is GRANTED. The Clerk shall file under seal Defendant's Exhibit 1 to the redacted version of Bobrick Washroom Equipment, Inc.'s Answer to Amended Complaint and Counterclaim.Signed by Honorable Robert D. Mariani on 1/3/17. (jfg) |
Filing 245 BRIEF IN OPPOSITION re #233 MOTION to Dismiss FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) REDACTED filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Proposed Order)(Hittinger, Carl) |
Filing 244 Letter from Jordan M. Webster Complying with December 16, 2016 Order (Dkt. 241). (Webster, Jordan) |
Filing 243 ORDER THAT: within three (3) days of the date of this Order Plaintiff SP shall produce to Defendant Bobrick Washroom Equipment Inc. unredacted copies of all of the documents listed in Exhibit 1to Bobrick's Motion with the following exceptions: 1. Plaintiff need not produce CTRL00000215-216 and CTRL000000219-220. 2. With respect to document CTRL00000211, Plaintiff may redact only the e-mail chain from Brian Cooper to Don Wharton dated Wednesday July 3, 2013 at 8:59 PM. No other redactions are permitted.Signed by Honorable Robert D. Mariani on 12/19/16. (jfg) |
Filing 242 AMENDED ANSWER to Scranton Products, Inc.'s #1 Complaint , COUNTERCLAIM REDACTED against Scranton Products, Inc. by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1 FILED UNDER SEAL, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Hittinger, Carl) |
Filing 241 ORDER THAT: in light of the Court's ruling granting Defendant Bobrick Washroom Equipment Inc.'s Motion for Leave to File an Amended Answer With Counterclaims, (Doc. 213), Plaintiff Scranton Products Inc. shall have seven (7) days from the date of this Order to inform the Court whether it wishes to withdraw its Motion for Voluntary Dismissal. (Doc. 233). Signed by Honorable Robert D. Mariani on 12/16/16. (jfg) |
Filing 240 ORDER 1. Defendant's Motion, (Doc. 213), is GRANTED. 2. Within seven (7) days of the date of this Order Defendant shall file an unredacted version of its Amended Answer with Counterclaims under seal and a redacted version of its Amended Answer with Counterclaims on the public docket.Signed by Honorable Robert D. Mariani on 12/16/16. (jfg) |
Filing 239 MEMORANDUM OPINION -For the foregoing reasons, Bobrick's Motion for Leave to File an Amended Answer With Counterclaims will be granted. A separate order follows. Signed by Honorable Robert D. Mariani on 12/16/16. (jfg) |
Filing 238 ORDER 1. The oral argument currently scheduled to be held on Tuesday December 20, 2016 at 10:00 a.m. is POSTPONED until such time as the Court rules on Plaintiffs Motion, (Doc. 233), which has yet to be fully briefed. 2. The Court's Order of December 8,2016, (Doc. 232), directing Plaintiff to submit certain documents for in camera inspection remains in full effect.Signed by Honorable Robert D. Mariani on 12/12/16. (jfg) |
Filing 237 NOTICE by Bobrick Washroom Equipment, Inc. re #200 Letter, #203 MOTION to enter the proposed Second Modified Protective Order re #60 Order [Modified Protective Order] of Supplemental Authority (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 236 REPLY BRIEF re #213 MOTION for Leave to File Amended Answer with Counterclaim filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 235 NOTICE by Bobrick Washroom Equipment, Inc. Letter Concerning Agenda for December 20 Oral Argument (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 234 BRIEF IN SUPPORT re #233 MOTION to Dismiss FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) filed by Scranton Products, Inc..(Jankowski, Gretchen) |
Filing 233 MOTION to Dismiss FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) by Scranton Products, Inc.. (Attachments: #1 Proposed Order)(Jankowski, Gretchen) |
Filing 232 ORDER 1. Plaintiffs Request for Reconsideration of the June 3,2016 Order, (Doc. 194), is DENIED. 2. Defendant's Motion to Supplement Briefing Regarding Bobrick's Request For Production or In Camera Review of Communications Surrounding Scranton Products July 11, 2013 Telephone Call to Mark Louchheim, (Doc. 195), is GRANTED IN PART AND DENIED IN PART as set forth in the Court's accompanying memorandum opinion. 3. Plaintiff is hereby DIRECTED to submit for in camera review redacted and unredacted copies of the documents listed in Exhibit 1to Bobrick's Motion within seven (7) days of the date of this Order. (Doc. 195-1). Plaintiff may submit a brief letter, with supporting documentation, identifying why each of the documents at issue is protected from disclosure.Signed by Honorable Robert D. Mariani on 12/8/16. (jfg) |
Filing 231 MEMORANDUM OPINION - For the foregoing reasons, the Court will leave in place the sanction imposed in the June 3, 2016 Order, and direct SP to produce for in camera inspection the documents identified in Exhibit 1 to Bobrick's Motion. A separate order follows.Signed by Honorable Robert D. Mariani on 12/8/16. (jfg) |
Filing 230 ORDER: THAT: the oral argument currently scheduled to be held on Tuesday December 20,2016 at 1:30 pm. is RESCHEDULED and shall be held on Tuesday December 20,2016 at 10:00 a.m. Signed by Honorable Robert D. Mariani on 12/7/16. (jfg) |
Filing 229 Letter from Carl W. Hittinger in further support of Bobricks November 9, 2016 letter to the Court. (Hittinger, Carl) |
Filing 228 Letter from Carl W. Hittinger re Proposed Order to Modify the Pretrial Schedule. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 227 BRIEF IN OPPOSITION re #215 MOTION to Compel Discovery with respect to Answers and Documents in Response to Bobrick's Fifth Set of Interrogatories and Sixth Set of Requests for Production filed by Scranton Products, Inc..(Webster, Jordan) |
Filing 226 BRIEF IN OPPOSITION re #213 MOTION for Leave to File Amended Answer with Counterclaim filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Webster, Jordan) |
Filing 225 Letter from Jordan M. Webster re: Bobrick's Nov. 9,2016 letter. (Webster, Jordan) |
Filing 224 RESPONSE by Bobrick Washroom Equipment, Inc. to #221 Order, . (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 223 ORDER that the motion is GRANTED. The Clerk shall file under seal Defendant's Exhibits A through C to Defendant Bohrick Washroom Equipment, Inc.' s Motion for Leave to File an Amended Answer with Counterclaim.Signed by Honorable Robert D. Mariani on 11/14/16. (jfg) |
Filing 222 ORDER that the motion is GRANlED. The Clerk shall file under seal Defendant's Exhibits C and D to Bobrick Washroom Equipment, Inc. 's Motion to Compel Service of Answers and Documents in Response to Its Fifth Set ofInterrogatories and Sixth Set ofRequests forProduction.Signed by Honorable Robert D. Mariani on 11/14/16 (jfg) |
Filing 221 ORDER THAT: Defendant Bobrick Washroom Equipment Inc. shall have three (3) days from the date of this Order to show cause why Defendant's Motion, (Doc. 214), should not be denied based on the expiration of the discovery deadlines without any extension being granted by the Court.Signed by Honorable Robert D. Mariani on 11/14/16. (jfg) |
Filing 220 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Proposed Order, #2 Exhibit C, #3 Exhibit D) (cl) |
Filing 219 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 218 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Proposed Order, #2 Exhibit A-part 1, #3 Exhit A -part 2, #4 Exhibit B-part 1, #5 Exhibit B-part 2, #6 Exhibit C-part 1, #7 Exhibit C-part 2) (cl) |
Filing 217 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 216 MEMORANDUM OF LAW by Bobrick Washroom Equipment, Inc. re #215 MOTION to Compel Discovery with respect to Answers and Documents in Response to Bobrick's Fifth Set of Interrogatories and Sixth Set of Requests for Production . (Hittinger, Carl) |
Filing 215 MOTION to Compel Discovery with respect to Answers and Documents in Response to Bobrick's Fifth Set of Interrogatories and Sixth Set of Requests for Production by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C - Filed Under Seal, #4 Exhibit(s) D - Filed Under Seal, #5 Exhibit(s) E, #6 Proposed Order, #7 Certificate of Nonconcurrence)(Hittinger, Carl) |
Filing 214 MEMORANDUM OF LAW by Bobrick Washroom Equipment, Inc. re #213 MOTION for Leave to File Amended Answer with Counterclaim . (Hittinger, Carl) |
Filing 213 MOTION for Leave to File Amended Answer with Counterclaim by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Proposed Order, #5 Certificate of Nonconcurrence)(Hittinger, Carl) |
Filing 212 SPECIAL ADMISSIONS FORM APPROVED as to Tyson Y. HerroldSigned by Honorable Robert D. Mariani on 11/10/16. (ao) |
Filing 211 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Tyson Y Herrold on behalf of Bobrick Washroom Equipment, Inc. Attorney Tyson Herrold is seeking special admission. Filing fee $ 50, receipt number 0314-3924146.. (Herrold, Tyson) |
DOCKET ANNOTATION: PA Bar record verified for Atty Tyson Y. Herrold as active. (ao) |
Filing 210 Letter from Carl W. Hittinger re resignation of Scranton Products President Don Wharton. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Hittinger, Carl) |
Filing 209 Praecipe to Withdraw Appearance of Julian D. Perlman. (Perlman, Julian) |
Filing 208 REPLY BRIEF re #203 MOTION to enter the proposed Second Modified Protective Order re #60 Order [Modified Protective Order] filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 207 RESPONSE by Bobrick Washroom Equipment, Inc. to #206 Scheduling Order, (Joint Letter to Court). (Hittinger, Carl) |
Filing 206 ORDER:1. Defendant's Request for Oral Argument is GRANTED. 2. Oral argument shall be held on Tuesday, December 20, 2016 at 1:30 p.m. in acourtroom to be designated by the Clerk of the Court. 3. Within seven (7) days of the date of this Order the parties shall submit a joint letter identifying all outstanding matters to be addressed at oral argument. Signed by Honorable Robert D. Mariani on 9/28/16. (jfg) |
Filing 205 BRIEF IN OPPOSITION re #203 MOTION to enter the proposed Second Modified Protective Order re #60 Order [Modified Protective Order] filed by Scranton Products, Inc..(Webster, Jordan) |
Filing 204 BRIEF IN SUPPORT by Bobrick Washroom Equipment, Inc. re #203 MOTION to enter the proposed Second Modified Protective Order re #60 Order [Modified Protective Order] . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Declaration of Mark Louchheim, #4 Declaration of Alan Gettelman)(Hittinger, Carl) Modified on 9/21/2016 (ao). |
Filing 203 MOTION to enter the proposed Second Modified Protective Order re #60 Order [Modified Protective Order] by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Second Modified Protective Order)(Hittinger, Carl) |
Filing 202 NOTICE by Bobrick Washroom Equipment, Inc. re #195 MOTION to Supplement Briefing Regarding Bobricks Request For Production Or In Camera Review Of Communications Surrounding Scranton Products July 11, 2013 Telephone Call To Mark Louchheim [Notice of Supplemental Authority] (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 201 Letter from Carl W. Hittinger responding to Scranton Products' July 11, 2016 letter to the Court [Dkt. 200] re Attorneys' Eyes Only designations. (Hittinger, Carl) |
Filing 200 Letter from Jordan M. Webster regarding Attorneys' Eyes Only designations. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Webster, Jordan) |
Filing 199 NOTICE by Bobrick Washroom Equipment, Inc. re #198 Letter Withdrawing Motion to Compel (Hittinger, Carl) |
Filing 198 Letter from Carl W. Hittinger re: compel discovery responses. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 197 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Exhibit(s) B, #2 Proposed Order) (kc) |
Filing 196 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Statement, #2 Proposed Order, #3 Exhibit(s) 12, #4 Exhibit(s) 17, #5 Exhibit(s) 18, #6 Exhibit(s) 19, #7 Exhibit(s) 20, #8 Exhibit(s) 21, #9 Exhibit(s) 28, #10 Exhibit(s) 30, #11 Exhibit(s) 34, #12 Exhibit(s) 35) (kc) |
Filing 195 MOTION to Supplement Briefing Regarding Bobricks Request For Production Or In Camera Review Of Communications Surrounding Scranton Products July 11, 2013 Telephone Call To Mark Louchheim by Bobrick Washroom Equipment, Inc.. (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) 36)(Hittinger, Carl) |
Filing 194 Letter from Gretchen L. Jankowski, Esquire filed pursuant to Paragraph 1(b) of Court's June 3, 2016 Order (ECF 193). (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B (to be filed under seal))(Jankowski, Gretchen) |
Filing 193 ORDER (memorandum filed previously as separate docket entry) 1. Deft's motion seeking "appropriate relief in connection with the unauthorized practice of law and unethical conduct of Mr. Brian Cooper," (Docs 138-140), is GRANTED as follows: Pltf shall be prohibited from using or relying on Mr. Cooper's notes generated as a result of the 7/11/13, call in connection with any motion or at trial. Mr. Cooper is further precluded from offering any testimony concerning or referencing the 7/11/13, telephone call or any of Mr. Louchheim's alleged admissions or statements made during that call. a. The parties are DIRECTED to work cooperatively in order to schedule the deposition of Mr. Wharton on the limited topic of the 7/11/13, telephone call, but in no case shall the deposition be scheduled and taken more than 10 business days from the date of this order. b. No later than 7 days after the deposition of Mr. Wharton on thesubject matter identified in the preceding paragraph the parties are DIRECTED to submit supplemental briefing addressing the propriety of Mr. Cooper's conduct in light of Mr. Wharton's testimony, and whether the crime-fraud exception to the attorney-client privilege applies under the circumstances.c. The supplemental briefs shall be no longer than 10 pages. d. Any deposition of Mr. Wharton with respect to any other matter may be scheduled, if necessary, at a time beyond 10 business days from the date of this order.2. Deft's motion concerning SP's improper redactions for relevance, (Docs142, 152, 161), is GRANTED as follows: a. Pltf is DIRECTED to produce to Deft unredacted copies of the 225 pages at issue in Deft's motion (Docs 142, 152, 161). b. Pltf need not, however, produce unredacted copies of the documents orinformation concerning SP's lockers. c. Pltf and Deft are DIRECTED to refrain from making further relevance redactions absent express permission from the Court. d. Consistent with the current language of F.R.C.P. 34(b)(2)(C), Pltf is DIRECTED to provide Deft with amended responses and disclose to Deft whether it has silently withheld documents based on its objections, including relevance objections, no later than 14 days after entry of this order. 3. Deft's request to de-designate 557 documents Pltf has designated as "Confidential," (Docs 101, 109, 115), is DENIED. 4. Deft's request to de-designate certain documents and information that Pltf has designated as "Attorneys Eyes Only," (Docs 141, 149-151, 156-159), is DENIED. 5. Deft's request to de-designate certain documents and information that Pltf has designated as "Attorneys Eyes Only," (Docs 123-124), is DENIED. 6. Pltfs challenge to Deft's AEO designations, (Doc 186), is DENIED. 7. The Clerk of the Court is DIRECTED to forward a copy of this order and accompanying memorandum to the Disciplinary Board of the Supreme Court of Pennsylvania for its investigation and consideration of the propriety of Mr. Cooper's conduct.Signed by Honorable Robert D. Mariani on 6/3/16. (ao) |
Filing 192 MEMORANDUM (Order to follow as separate docket entry)Signed by Honorable Robert D. Mariani on 6/3/16. (ao) |
Filing 191 SEALING ORDER (cl) |
Filing 190 SEALED DOCUMENT(S) (Attachments: #1 Exhibit C, #2 Proposed Order) (cl) Modified on 6/2/2016 (cl). |
Filing 189 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 188 Letter from Carl W. Hittinger reply to Scranton Products May 27, 2016 letter [Dkt. 184]. (Hittinger, Carl) |
Filing 187 Letter from Carl W. Hittinger to (i) address the prima facie showing necessary to obtain in camera review of certain attorney-client privileged documents allegedly subject to the crime-privilege exception, and (ii) set forth the evidence in support of that showing stemming from the misconduct of Scranton Products and its General Counsel. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Proposed Order, #5 LR 7.8(b) Certificate of Compliance)(Hittinger, Carl) |
Filing 186 NOTICE by Bobrick Washroom Equipment, Inc. re #60 Order Letter from Carl W. Hittinger requesting the Courts in camera review of certain materials designated AEO under the Protective Order (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Hittinger, Carl) |
Filing 185 Letter from Gretchen L. Jankowski . (Jankowski, Gretchen) |
Filing 184 Letter from Gretchen L. Jankowski . (Attachments: #1 Exhibit(s))(Jankowski, Gretchen) |
Filing 183 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral argument held on 5/20/16 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2016. Redacted Transcript Deadline set for 6/24/2016. Release of Transcript Restriction set for 8/22/2016. (cr) (Main Document 183 replaced on 8/30/2016) (rm). |
Filing 181 ORDER 1. Plaintiff is DIRECTED to submit case law support for its argument that pricing information is properly considered atrade secret, and therefore warrants "Attorneys Eyes Only" designation under the Modified Stipulated Protective Order, by Friday May 27th, 2016. (Doc. 123). 2. Plaintiff is DIRECTED to provide Defendant with a representative sample of thedocuments it has designated "Confidential," and that have been challenged byDefendant. (Docs. 101, 109, 115). Specifically, Plaintiff shall provide Defendant with every tenth document contained in the categories of documents identified in Plaintiffs August 7,2015 Letter, (Doc. 109), in accordance with the parties agreement at oral argument.Signed by Honorable Robert D. Mariani on 5/23/16. (jfg) |
Filing 180 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Mariani on 5/20/16. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 5/20/16. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 179 ORDER 1. Plaintiff is DIRECTED to bring to oral argument the seven documents identified in Bobrick's January 14,2016 motion (Doc. 138). Those documents are identified as CTRL00000211, CTRL00000213, CTRL00000214, CTRL00000215, CTRL00000217, CTRL000002219, and CTRL00000221. The Court is not ruling or otherwise intimating that it will order in camera inspection of these documents. 2. The Court DENIES Defendant's request to compel Mr. Cooper's attendance, finding it unnecessary to the Court's understanding of the issues, particularly in light of the excerpted deposition testimony submitted by the parties.Signed by Honorable Robert D. Mariani on 5/16/16. (jfg) |
Filing 178 Letter from Carl W. Hittinger to correct certain inaccuracies contained in Scranton Products letter dated May 12, 2016 (Dkt. 177).. (Hittinger, Carl) |
Filing 177 Letter from Jordan M. Webster . (Webster, Jordan) |
Filing 176 Letter from Carl W. Hittinger regarding May 20, 2016 oral argument. (Hittinger, Carl) |
Filing 175 DOCUMENT SEALED Order granting motion to seal. (kc) |
Filing 174 DOCUMENT(S) SEALED (Attachments: #1 Proposed Document, #2 Proposed Order) (cl) Modified on 4/29/2016 (kc). |
Filing 173 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 172 ORDER granting #170 Motion for Leave to File Supplemental Opposition to Scranton Product's Requests for Approval of Attorneys' Eyes Only Designation and the Brief in support thereof. Brobrick's proposed Supplemental Opposition attached as Exhibit 1 shall be accepted and considered in connection with the Court's resolution of the disputes raised in pltf's 9/2/15 and 2/19/16 letters regarding Attys' Eyes only designations (Docs 123, 141).Signed by Honorable Robert D. Mariani on 4/25/16 (ao) |
Filing 171 BRIEF IN SUPPORT re #170 MOTION for Leave to File a three-page letter-brief in supplemental opposition to plaintiff's requests that the Court approve and uphold certain AEO designations re DI 123, 141 filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 170 MOTION for Leave to File a three-page letter-brief in supplemental opposition to plaintiff's requests that the Court approve and uphold certain AEO designations re DI 123, 141 by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order)(Hittinger, Carl) |
Filing 169 ORDER: 1. Defendant's Request is GRANTED. 2. Oral Argument shall be held on Friday, May 20, 2016 at 1:30 p.m. in a courtroom to be designated by the Clerk of Court. 3. The Oral Argument to be conducted will address the five bullet-pointed motions identified in Bobrick counsel's letter to the Court dated March 25, 2016 (Doc. 168) and the documents identified with respect to each such motion. Signed by Honorable Robert D. Mariani on 4/4/16. (jfg) |
Filing 168 Letter from Carl W. Hittinger to Judge Mariani regarding scheduling hearing on outstanding issues. (Hittinger, Carl) |
Filing 167 ORDER upon consideration of Defendant Bobrick Washroom Equipment, Inc.'s ("Bobrick") Motion for Leave to File Surreply (the "Motion") and the Brief in support thereof, it is hereby ORDERED that the motion is GRANTED. Bobrick's proposed surreply attached as Exhibit 1 to the Motion shall be accepted and considered in connection with the Court's resolution ofthe dispute raised in Plaintiffs February 19,2016 letter regarding Attorneys' Eyes Only designations(dkt.141)Signed by Honorable Robert D. Mariani on 3/24/16 (jfg) |
Filing 166 ORDER granting #164 Motion to Seal Document Signed by Honorable Robert D. Mariani on 3/24/16 (jfg) |
Filing 165 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Declaration, #2 Proposed Order) (cl) (Additional attachment(s) added on 3/23/2016: #3 Actual Document) (cl). |
Filing 164 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc..(cl) |
Filing 163 BRIEF IN SUPPORT re #162 MOTION for Leave to File Surreply filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 162 MOTION for Leave to File Surreply by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order, #3 Certficate)(Hittinger, Carl) |
Filing 161 Letter from Carl W. Hittinger reply regarding redactions for relevance. (Attachments: #1 LR 7.8(b) Certificate of Compliance, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F)(Hittinger, Carl) |
Filing 160 Letter from Scranton Products Inc. . (Webster, Jordan) |
Filing 159 ORDER granting #157 Motion to Seal Signed by Honorable Robert D. Mariani on 3/18/16 (jfg) |
Filing 158 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Exhibit(s) A&C) (kc) |
Filing 157 UNOPPOSED MOTION to File under Seal by Scranton Products, Inc.Cert of Concurrence, C of S. (Attachments: #1 Proposed Order)(kc) |
Filing 156 Letter from Plaintiff Scranton Products Inc. Replying to Bobrick's February 29, 2016 letter. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Webster, Jordan) |
Filing 155 SEALING ORDER (cl) |
Filing 154 SEALED DOCUMENT(S) (Attachments: #1 Declaration) (cl) Modified on 3/9/2016 (cl). |
Filing 153 MOTION to File Document Under Seal by Scranton Products, Inc..(cl) |
Filing 152 Letter from Plaintiff Scranton Products Inc. in Opposition to Defendant's February 22, 2016 letter (Dkt. 142) . (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, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J)(Webster, Jordan) |
Filing 151 ORDER granting #149 Motion to Seal Document Signed by Honorable Robert D. Mariani on 3/2/16 (jfg) |
Filing 150 DOCUMENT(S) PENDING SEALING DECISION (Attachments: #1 Declaration) (kc) |
Filing 149 MOTION to File Document Under Seal by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(kc) |
Filing 148 ORDER The Court is in receipt of a Letter dated February 22, 2016 from Defendant's counsel (Doc. 142), which is styled as arequest for "emergency relief from improper redaction of documents." Pursuant to this Order, NOW, THIS 23RD DAY OF FEBRUARY, 2016, the parties are HEREBY PUT ON NOTICE that the Court does not consider the circumstances described in Defendant's letter to constitute a bona fide emergency. As such, we will address the issues contained therein in the ordinary course of operations. If Defendant wishes to offer additional argument to show that a bona fide emergency actually exists, it may do so by letter.Signed by Honorable Robert D. Mariani on 2/23/16. (jfg) |
Filing 147 DOCUMENT SEALED (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (ao) |
Filing 146 DOCUMENT SEALED (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s)) (ao) |
Filing 145 DOCUMENT SEALED (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (ao) |
Filing 144 DOCUMENT SEALED (Attachments: #1 Exhibit(s)) (ao) |
Filing 143 DOCUMENT SEALED (ao) |
Filing 142 Letter from Carl W. Hittinger seeking emergency judicial relief from improper redaction of documents. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Hittinger, Carl) |
Filing 141 Letter from Jordan M. Webster regarding documents submitted for in camera review. (Attachments: #1 Exhibit(s) G, #2 Exhibit(s) H)(Webster, Jordan) |
Filing 140 Letter from Carl W. Hittinger reply re the unauthorized practice of law and unethical conduct of Mr. Brian Cooper. (Attachments: #1 LR 7.8(b) Certificate of Compliance, #2 Proposed Order Version 1, #3 Proposed Order Version 2, #4 Exhibit(s) A, #5 Exhibit(s) B, #6 Exhibit(s) C, #7 Exhibit(s) D)(Hittinger, Carl) |
Filing 139 Letter from Jordan M. Webster . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Webster, Jordan) |
Filing 138 Letter from Carl W. Hittinger re the unauthorized practice of law and unethical conduct of Mr. Brian Cooper. (Attachments: #1 LR 7.8(b) CERTIFICATE OF COMPLIANCE, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G)(Hittinger, Carl) |
Filing 137 ORDER THAT the relief requested in Defendant's Letter of November 30,2015 (Doc. 134) is DENIED WITHOUT PREJUDICE to the extent it goes beyond the orders that this Court issued during Oral Argument on November 19, 2015. The Court's oral orders issued on November 19, 2015 REMAIN UNMODIFIED.Signed by Honorable Robert D. Mariani on 12/8/15. (jfg) |
Filing 136 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani re David Daiute documents. (Attachments: #1 Exhibit(s) A)(Hittinger, Carl) |
Filing 135 Letter from Jordan M. Webster . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Webster, Jordan) |
Filing 134 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani re David Daiute documents. (Attachments: #1 Proposed Order)(Hittinger, Carl) |
Filing 133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic oral argument held on 11/19/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (cr) |
Filing 131 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic oral argument before Judge Mariani on 11/19/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 11/19/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 130 Letter from Gretchen L. Jankowski to The Honorable Robert D. Mariani in response to Letter filed by Mr. Hittinger . (Jankowski, Gretchen) |
Filing 129 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani re November 19th telephone conference. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Hittinger, Carl) |
Filing 128 ORDER THAT Defendant's Request for a Second Deposition of Rachael Pry (Doc. 126) is DENIED.Signed by Honorable Robert D. Mariani on 10/20/15. (jfg) |
Filing 127 Letter from Jordan M. Webster . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Webster, Jordan) |
Filing 126 Letter from Carl W. Hittinger to the Honorable Robert D. Mariani re leave to take the further deposition of Rachael Pry. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Hittinger, Carl) |
Filing 125 ORDER 1. Produce to Defendant the production and sale documents for the 443 additional orders mentioned in Plaintiffs submission of August 17, 2015, (Doc. 118 at 8), for the period from 2013 to the present, as well as the production and sale documents for any HDPE toilet partitions that Plaintiff manufactured for sale as NFPA 286compliant before 2013; 2. Produce to Defendant the analogous contemporaneous production documents that demonstrate the composition of the materials tested on May 3,2011 and August 7, 2013, in at least the same level of detail that is contained in the "work order" documents submitted to the Court on August 17, 2015-that is, showing the specific ingredients and their weights; 3. Serve upon Defendant supplemental sworn interrogatory answers, and produce to Defendant corresponding contemporaneous production documents, that demonstrate the composition of the partition materials involved in the other fire performance tests discussed at the July 7,2015 hearing and described in Plaintiffs responses to Defendant's interrogatories (ie., materials that did not pass an unmodified NFPA 286 test) in at least the same level of detail as stated in paragraph 2 above; and4. Produce to Defendant the spreadsheet from David Daiute's files that contains the specific formulations of HDPE toilet partition material tested by Plaintiff.Signed by Honorable Robert D. Mariani on 9/15/15. (jfg) |
Filing 124 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani in response to to the September 2, 2015 letter by Scranton Products Inc. [Dkt 123]. (Hittinger, Carl) |
Filing 123 Letter from Jordan M. Webster regarding Attorneys' Eyes Only designations. (Webster, Jordan) |
Filing 122 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (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, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J)(Hittinger, Carl) |
Filing 121 Letter from Jordan Webster . (Webster, Jordan) |
Filing 120 REPLY by Scranton Products, Inc.. to #112 Reply Brief, Sur-Reply in Opposition. (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, #7 Exhibit(s) G)(Webster, Jordan) |
Filing 119 ORDER THAT Defendant SHALL BE PERMITTED to take the depositions of Wendy Axtell and Kayleigh Trudnak, subject to all of those limitations set forth in the Court's July 23, 2015 Order regarding the deposition of Rachael Pry (Doc. 100), with the following two exceptions: 1. Defendant shall also be permitted to questions Ms. Axtell and Ms. Trudnak about the representations made in Scranton Products' status report of August 14,2015 (Doc. 114); and 2. The depositions are to be conducted by means of video, with the witnesses and counsel participating where they reside, in order to avoid travel expenses, unless all counsel agree that depositions should instead be conducted in person.Signed by Honorable Robert D. Mariani on 8/19/15. (jfg) |
Filing 118 Letter from Gretchen L. Jankowski on behalf of Scranton Products regarding NFPA 286-compliant toilet partitions . (Attachments: #1 Exhibit(s) A)(Jankowski, Gretchen) |
Filing 117 ORDER:THAT atelephone conference call shall held on Thursday, November 19, 2015 at 1:30 p.m. for the purposes of hearing Oral Argument on Defendant's Request for Discovery Regarding Spoliation (Doc. 62). Counsel for the Defendant is responsible for arranging the call to Chambers at (570) 207-5750 and all participants should be prepared to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 8/17/15. (jfg) |
Filing 116 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Hittinger, Carl) |
Filing 115 REPLY by Bobrick Washroom Equipment, Inc.. to #109 Response, regarding Scranton Products' Confidentiality Designations. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Hittinger, Carl) |
Filing 114 Letter from Gretchen Jankowski to the Honorable Judge Robert D. Mariani providing status report on July 23, 2015 Order . (Jankowski, Gretchen) |
Filing 113 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Hittinger, Carl) |
Filing 112 REPLY BRIEF re #106 MOTION for Leave to File Reply Brief in Support of Requested Discovery Concerning Spoliation filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Certificate of Service)(Hittinger, Carl) |
Filing 111 ORDER upon consideration of Defendant's Motion for Leave to File aReply Brief in Support of Requested Discovery Concerning Spoliation, IT IS HEREBY ORDERED THAT: 1. Such Motion (Doc. 106) is GRANTED. Defendant may submitted the proposed Reply Brief attached as an Exhibit to Doc. 106 within SEVEN (7) DAYS from the date of this Order. 2. By request, (Doc. 107 at 1), Plaintiff SHALL BE PERMITTED to file asur-reply within SEVEN (7) DAYS from the date that Defendant files its Reply Brief. The Sur-Reply Brief shall not exceed FIVE (5) PAGES.Signed by Honorable Robert D. Mariani on 8/13/15 (jfg) |
Filing 110 ORDER re #108 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for Eric M. Spada. Signed by Honorable Robert D. Mariani on 8/10/15. (jfg) |
Filing 109 RESPONSE by Scranton Products, Inc. to #101 Letter filed by Bobrick regarding Scranton Products' Confidentiality Designations. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Jankowski, Gretchen) |
Filing 108 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Eric M Spada on behalf of Scranton Products, Inc. Attorney Spada is seeking special admission. Filing fee $ 50, receipt number 0314-3509233.. (Spada, Eric) |
Filing 107 BRIEF IN OPPOSITION re #106 MOTION for Leave to File Reply Brief in Support of Requested Discovery Concerning Spoliation filed by Scranton Products, Inc..(Jankowski, Gretchen) |
Filing 106 MOTION for Leave to File Reply Brief in Support of Requested Discovery Concerning Spoliation by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Reply Brief, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Proposed Order)(Hittinger, Carl) |
Filing 105 ORDER GRANTING #104 Request to submit in camera Exhibits A and H-K of Plaintiffs Response to Defendants Brief in Support of Discovery Concerning Spoliation. Signed by Honorable Robert D. Mariani on 8/4/2015. (bg) |
Filing 104 Letter from Gretchen L. Jankowski Regarding In Camera Exhibits. (Jankowski, Gretchen) |
Filing 103 RESPONSE by Scranton Products, Inc. to #102 Brief . (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, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L)(Webster, Jordan) |
Filing 102 BRIEF by Bobrick Washroom Equipment, Inc.. In Support of Requested Discovery Concerning Spoliation, filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Certificate of Service)(Hittinger, Carl) |
Filing 101 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Attachments: #1 Exhibit(s) 1)(Hittinger, Carl) |
Filing 100 ORDER upon consideration of the disputes raised by certain letters of counsel (Docs. 97-99), IT IS HEREBY ORDERED THAT: 1. Plaintiff is DIRECTED to search thoroughly and in good faith for the information sought in Defendant's second and third bullet-pointed requests on page 2 of Defendant's July 20, 2015 letter (Doc. 98). 2. Defendant's first bullet-pointed request on page 2 of its July 20, 2015 letter, i.e., to take the deposition of Rachael Pry, is GRANTED. However, Ms. Pry's deposition SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:a. The deposition shall be limited exclusively to questions as to whether Ms. Pry attended meetings held between Scranton Products and Steven Hamblin and/or another representative of IPS. b. If Ms. Pry answers that she did in fact attend such meetings, then Defendant l shall be permitted to question her as to which meetings she attended and whether she took notes at those meetings.c. If Ms. Pry answers that she did in fact take notes at such meetings, then Defendant shall be permitted to question her as to their distribution, Le., as to the persons to whom she provided copies, and shall be further permitted to question her as to the continued existence of these notes and/or whose possession, custody, or control they are currently in, to the extent she has personal knowledge sufficient to permit her to answer such questions. d.If the notes are not in Ms. Pry's possession and Ms. Pry does not know whose possession, custody, or control they are currently in, then Defendant shall be permitted to question her as to her knowledge of whether the notes were maintained or whether they were destroyed. e. The deposition may last no longer than TWO (2) HOURS in total. f. Only questions authorized by this Order may be asked at Ms. Pry's deposition. Questions as to matters outside the scope of this Order will be objectionable and will permit counsel to direct the witness not to answer. Signed by Honorable Robert D. Mariani on 7/23/15. (jfg) |
Filing 99 Letter from Jordan M. Webster to The Honorable Robert D. Mariani. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Webster, Jordan) |
Filing 98 Letter from Carl W. Hittinger to the Honorable Robert D. Mariani. (Attachments: #1 Exhibit(s) A-B)(Hittinger, Carl) |
Filing 97 Letter from Jordan M. Webster to The Honorable Robert D. Mariani. (Attachments: #1 Exhibit(s) A)(Webster, Jordan) |
Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Teleconference held on 7/14/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/14/2015. (cr) |
Filing 94 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Mariani on 7/14/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 7/14/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 93 Letter from Jordan M. Webster to The Honorable Robert D. Mariani. (Webster, Jordan) |
Filing 92 Letter from Jordan M. Webster . (Webster, Jordan) |
Filing 91 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral argument held on 7/7/15 before Judge Mariani. Court Reporter K. Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2015. Redacted Transcript Deadline set for 8/10/2015. Release of Transcript Restriction set for 10/7/2015. (cr) |
Filing 90 ORDER: unless this Court explicitly orders otherwise, all submissions filed of record by counsel, whether they are filed as letters or briefs, shall be written using no less than 14-point font, shall be double-spaced, and shall fully conform to the requirements laid out in the Middle District of Pennsylvania Local Rules, in particular Rule 7.8, which limits the length oJ briefs to fifteen (15) pages or 5,000 words. Signed by Honorable Robert D. Mariani on 7/8/2015. (bg) |
Filing 89 ORDER GRANTING Plaintiff's requests for AEO designations re #83 Letter. Plaintiff may redact as AEO the portions if IPS documents 269 and 270 represented in its July 1, 2015 and the attachments thereto. Signed by Honorable Robert D. Mariani on 7/8/2015. (bg) |
Filing 88 ORDER : 1. Defendant's Motion for Partial Reconsideration of the Court's March 25, 2015 Order (Doc. 61) is DENIED. 2. The relief requested in Defendant's Letter of March 26, 2015 (Doc. 57) is DENIED. 3. By agreement of counsel, Plaintiff SHALL LIMIT its redactions of additional material in document WF 878 that was not previously authorized to be redacted by this Court in our March 11, 2015 hearing to only the fourth and fifth words in the section entitled "Additional Information." 4. Plaintiff is DIRECTED to search its files thoroughly and in good faith for documents that demonstrate that the composition of the HDPE toilet partitions that were the subject of the seventeen additional fire tests discussed during Oral Argument which did not pass an unmodified NFPA 286 test were not used in any toilet partitions sold by Scranton Products in the marketplace. Plaintiff is DIRECTED to make every reasonable effort to comply with this obligation within SEVEN (7) DAYS from the date of this Order, but may take up to TEN (10) DAYS to comply. 5. In order for this Court to rule on the relief requested in Defendant's Letter of April 9, 2015 (Doc. 62) regarding discovery related to spoliation, Defendant is DIRECTED to submit the portions of the deposition transcripts that it believes provide a colorable basis for its spoliation claims. The deposition transcripts shall be accompanied by a Brief detailing the basis for Defendant's spoliation claims, which SHALL NOT EXCEED FIVE (5) PAGES. Plaintiff may file a responsive brief which also SHALL NOT EXCEED FIVE (5) PAGES, and which may include relevant portions of deposition transcripts. 6. Defendant's Motion for the Appointment of a Special Master (Doc. 71) is DENIED. However, the parties are put on notice that this Court will consider referring discovery matters to a special master or to a magistrate judge if the parties submit a Joint Proposal to that effect. 7. By agreement of counsel, Plaintiff SHALL PROVIDE Defendant with a privilege log that includes documents which are partially redacted, in addition to documents that are fully redacted. Plaintiff shall have TEN (10) DAYS from the date of this Order to file a Status Report of record stating whether it has complied with this obligation. 8. Plaintiff is DIRECTED to search its files thoroughly and in good faith for any minutes taken by Mr. Wharton's secretary during and following a meeting in Scranton with third party consultants, as discussed during Oral Argument. Plaintiff shall have TEN (10) DAYS from the date of this Order to file a Status Report with the Court stating whether these documents exist and, if so, whether they have been produced to the Defendant. If the documents do not exist, the Status Report shall explain whether they once existed but have since been destroyed and, if so, why they were destroyed. 9. Plaintiff is DIRECTED to provide Defendant with the documents from CPG responsive to Defendant's June 19, 2015 subpoena, as discussed during Oral Argument, as soon as possible. Plaintiff shall file a Status Report no later than Monday, July 13, 2015 at 5 p.m. stating whether it will be able to provide these documents to Defendant in advance of the Wednesday, July 15 deposition of David Daiute. If Plaintiff is unable to provide the documents in advance of the Daiute deposition, the Status Report shall inform the Court when Plaintiff will be able to provide them. (lh) |
Filing 86 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Mariani on 7/7/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 7/7/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 85 ORDER - THAT the Oral Argument currently scheduled for July 7,2015 at 1:30 p.m. is RESCHEDULED to July 7, 2015 at 2:00 p.m.Signed by Honorable Robert D. Mariani on 7/6/15. (jfg) |
Filing 84 Letter from Carl Hittinger to The Honorable Robert D. Mariani regarding July 7, 2015 hearing. (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)(Hittinger, Carl) |
Filing 83 Letter from Gretchen L. Jankowski to The Honorable Robert D. Mariani regarding Attorneys' Eyes Only Designations. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Jankowski, Gretchen) |
Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference held on 6/16/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/15/2015. (cr) |
Filing 80 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic discovery conference before Judge Mariani on 6/16/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 6/16/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 79 ORDER upon receipt of aletter from Attorney Gretchen Jankowski (Doc. 74) requesting that Attorney Jankowski be allowed to participate in the July 7,2015 Oral Argument via teleconference, IT IS HEREBY ORDERED THAT: 1.Such request is GRANTED, provided that at least one attorney of record for the Plaintiff appears in person at the July 7,2015 Oral Argument. 2. The attorneys may coordinate the technical aspects of setting up the teleconference by contacting my courtroom deputy, Joseph Gaughan, at (570) 207-5750.Signed by Honorable Robert D. Mariani on 6/16/15. (jfg) |
Filing 78 BRIEF IN OPPOSITION re #71 MOTION For Appointment Of A Special Master To Oversee Discovery filed by Scranton Products, Inc.. (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, #7 Exhibit(s) G, #8 Exhibit(s) H)(Webster, Jordan) |
Filing 77 Letter from Jordan M. Webster to The Honorable Robert D. Mariani. (Webster, Jordan) |
Filing 76 SCHEDULING ORDER:Telephone Conference set for Tuesday, 6/16/2015, 01:30 PM, in Scranton, before Honorable Robert D. Mariani, re. Defendant's "Emergency Request for Intervention before June 17, 2015 Deposition" (DOC. 75). PLAINTIFF'S COUNSEL SHALL SUBMIT A LETTER to the Court setting forth their position on the issues raised in Defendant's letter by MONDAY, JUNE 15, 2015. Please see Order for complete details.Signed by Honorable Robert D. Mariani on 6/12/15. (rdmsec, ) |
Filing 75 Letter Requesting Emergency Intervention before June 17, 2015 Deposition. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhbit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G)(Hittinger, Carl) |
Filing 74 Letter from Gretchen L. Jankowski Advising the Court of Plaintiff's Schedule. (Jankowski, Gretchen) |
Filing 73 EXHIBIT G REVISED - FINAL BEITEL TRANSCRIPT by Bobrick Washroom Equipment, Inc. re #71 MOTION For Appointment Of A Special Master To Oversee Discovery . (Hittinger, Carl) |
Filing 72 BRIEF IN SUPPORT re #71 MOTION For Appointment Of A Special Master To Oversee Discovery filed by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) Modified on 6/2/2015 (ao). |
Filing 71 MOTION For Appointment Of A Special Master To Oversee Discovery by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Memo, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) P, #18 Exhibit(s) Q, #19 Certificate of Nonconcurrence, #20 Proposed Order, #21 Certificate of Service)(Hittinger, Carl) |
Filing 70 ORDER:1.Defendant's Request is GRANTED. 2. Oral Argument shall be held on Tuesday, July 7, 2015 at 1:30 p.m. in acourtroom to be designated by the Clerk of Court. 3. In addition to the Motion for Partial Reconsideration (Doc. 61), the following matters remain pending and shall be included as the subject of Oral Argument on July 7: a. Defendant's Letter of March 26, 2015 (Doc. 57), which includes Exhibits filed as Doc. 58; b. Defendant's Letter of April 9, 2015 (Doc. 62); and c. All responses to any of the aforementioned Motions and Letters (Docs. 63; 64; 65; 66). Signed by Honorable Robert D. Mariani on 5/15/15. (jfg) |
Filing 69 Letter from Carl W. Hittinger on behalf of Defendant Bobrick Washroom Equipment, Inc. (Hittinger, Carl) |
DOCKET ANNOTATION: Attorney Matthew Oates is active with the PA state bar. (lh) |
Filing 68 ORDER re #67 Petition for Special Admission - Pro Hac Vice, filed by Bobrick Washroom Equipment, Inc. Special Admission granted for M. Mitchell Oates. Signed by Honorable Robert D. Mariani on 5/6/15. (jfg) |
Filing 67 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Matthew M Oates on behalf of Bobrick Washroom Equipment, Inc. Attorney Oates is seeking special admission. Filing fee $ 50, receipt number 0314-3428326., filed by on behalf of Bobrick Washroom Equipment, Inc..(Oates, Matthew) |
Filing 66 REPLY BRIEF re #61 MOTION for Reconsideration re #55 Order,,, (Partial) filed by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) 1-2, #2 Exhibit(s) 3-5)(Hittinger, Carl) Modified on 5/15/2015 (ao). |
Filing 65 BRIEF IN OPPOSITION re #61 MOTION for Reconsideration re #55 Order,,, (Partial) filed by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4)(Jankowski, Gretchen) |
Filing 64 Letter Response to Defendant's April 9, 2015 letter. (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)(Jankowski, Gretchen) |
Filing 63 Letter Response to Defendant's March 26, 2015 letter. (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)(Jankowski, Gretchen) |
Filing 62 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Hittinger, Carl) |
Filing 61 MOTION for Reconsideration re #55 Order,,, (Partial) by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Memo, #2 Proposed Order, #3 Exhibit(s) 1 - 3, #4 Exhibit(s) 4 - 6, #5 Declaration in Support)(Hittinger, Carl) |
Filing 60 ORDER - MODIFIED STIPULATED PROTECTIVE ORDER SO ORDERED BY THE COURT.Signed by Honorable Robert D. Mariani on 3/26/15. (jfg) |
Filing 59 ORDER granting #56 Motion to Seal Signed by Honorable Robert D. Mariani on 3/26/15 (jfg) |
Filing 58 DOCUMENT(S) PENDING SEALING DECISION - Exhibit E in Support of Letter to the Court (document #57) (Attachments: #1 Exhibit(s) F, #2 Exhibit(s) G) (kc) Modified on 3/26/2015 (kc). |
Filing 57 DOCUMENT(S) PENDING SEALING DECISION - Letter to the Court. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D Part 1, #5 Exhibit(s) D Part 2) (kc) |
Filing 56 DEFENDANT'S CONSENTED MOTION to File Letter to the Court Under Seal by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Proposed Order)(kc) |
Filing 55 ORDER Having carefully considered all of the parties' submissions on the specific issue of whether Scranton Products' toilet partitions and lockers are made from the exact same materials, the Court finds that, while certain materials are common to both the Scranton Products' partition and the Scranton Products' locker, there are other materials in the locker product which are not present in the partition product and certain materials which are present in the partition product which are not present in the locker product.Therefore, it cannot be said that the toilet partitions manufactured by Scranton Products are made of the exact same materials as the locker product made by Scranton Products. On this basis, the Court DENIES Bobrick's request for documents or other materials relating to the fire testing conducted with respect to the locker product of Scranton Products, Inc.Signed by Honorable Robert D. Mariani on 3/25/15. (jfg) |
Filing 54 Letter to Court attaching Modified Stipulated Protective Order. (Attachments: #1 Proposed Stipulated Order)(Duffy, Jeffry) |
Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument held on 3/11/15 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2015. Redacted Transcript Deadline set for 4/17/2015. Release of Transcript Restriction set for 6/15/2015. (cr) |
Filing 52 ORDER following Oral Argument on certain discovery matters brought to the Court's attention via letters (see Docs, 45-47; 49), IT IS HEREBY ORDERED THAT the parties shall submit arevised stipulated protective order within FOURTEEN (14) DAYS from the date of this Order incorporating the modifications suggested by the Court and agreed upon by counsel during today's Oral Argument. IT IS FURTHER ORDERED THAT the parties shall comply with all of the Court's orders that were issued verbally during today's Oral Argument and shall do so within the period of time verbally prescribed in each case by the Court.Signed by Honorable Robert D. Mariani on 3/11/15. (jfg) |
Filing 50 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Mariani on 3/11/15. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 3/11/15. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 49 Letter from Carl W. Hittinger . (Attachments: #1 Exhibit(s) A-C)(Hittinger, Carl) |
Filing 48 ORDER: THAT Oral Argument will be held on the various discovery issues raised in counsel's recent letters to the Court (Docs. 45, 46, 47) on Wednesday, March 11, 2015 at 1:00 p.m. atthe William J. Nealon Federal Building and United States Courthouse in Scranton, Pennsylvania in acourtroom to be designated by the Clerk of Court. Counsel can receive information on courtroom assignments by contacting the Clerk of Court's office on the Friday before the scheduled hearing. Signed by Honorable Robert D. Mariani on 2/20/15. (jfg) |
Filing 47 Letter to the Honorable Robert D. Mariani. (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, #7 Exhibit(s) G, #8 Exhibit(s) H)(Jankowski, Gretchen) |
Filing 46 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Hittinger, Carl) |
Filing 45 Letter from Carl W. Hittinger to The Honorable Robert D. Mariani. (Hittinger, Carl) |
Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Discovery Conference held on 12/12/14 before Judge Mariani. Court Reporter Kristin Yeager, Telephone number 570.241.6612. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2015. Redacted Transcript Deadline set for 1/20/2015. Release of Transcript Restriction set for 3/18/2015. (cr) |
Filing 42 ORDER 1.Plaintiff is directed to answer Defendant's Interrogatory #1 completely, which answer shall include a response to the question of whether "Scranton Products does or does not currently sell a HOPE or PP toilet partition product which has passed the full scale NFPA 286 Room-Corner Test (without modification), as required by the current 2009 and 2012 International Building Code (IBC) and International Fire Code (IFC) model codes, and 2012 NFPA 101 Interior Finishes requirements (,2012 NFPA 101')." Plaintiff shall state in detail the facts that support its answer. 2. Defendant has agreed to change Interrogatory #2 to a request for admission, which will request Plaintiff to admit or deny whether there are jurisdictions which do not require compliance with the NFP 286 Room-Corner Test and, if so, what jurisdictions are the basis for the admission or denial. Defendant will also submit a separate request for admission requiring Plaintiff to admit or deny whether there are jurisdictions that have modified the NFPA 286 requirements. 3. As to Interrogatory #10, the parties have agreed that a sufficient response by Plaintiff shall be the presentation of aspecific list of orders which Plaintiff contends were lost or otherwise interfered with by Defendant for NFPA 286 compliant HDPE toilet partitions, together with the documents establishing the identification and content of such orders. Additionally, Plaintiff shall identify all persons with knowledge of such lost or interfered with orders. 4. Plaintiff shall respond to Interrogatory #12 by identifying all projects where it was successful in obtaining orders for NFPA 286 compliant HDPE toilet partitions in the relevant time period, notwithstanding any conduct by Defendant which Plaintiff alleges presents interference with the sale of its product. 5. Plaintiff is directed to answer Interrogatory #14 completely, which shall include an answer to Defendant's request for the percentage breakdowns of the materials in the partition's composition, but only for the partitions which were the subject of the May 2011, November 2011, and August 2013 NFPA 286 tests. 6. Plaintiff shall answer Interrogatory #15 completely, subject to the same limitations discussed in connection with Interrogatory #14, above. With regard to the disputes between the parties as to Defendant's request for production of documents, and specifically those outlined on pages 3-5 of Defendant's counsel's letter of December 9,2014 (Doc. 36), IT IS FURTHER ORDERED THAT: 1. As to the first request for production discussed in Defendant's counsel's letter,Plaintiff shall produce documents within its possession, custody, or control, not only that relate to the fire performance of its own HOPE toilet partitions, but also that relate to the performance of toilet partitions manufactured by competitors. 2. With regard to fire performance testing and related documents as to the lockers manufactured by Plaintiff, because Defendant's request for documents is premised on its contention that "Scranton Products' toilet partitions and lockers are made from the exact same materials," an assertion which has been denied by Plaintiffs counselin the discovery telephone conference held by this Court, Plaintiffs counsel shall have SEVEN (7) DAYS from the date of this Order to submit for in camerainspection, such documents and argument thereon as support its contention thatPlaintiffs toilet partitions and lockers are not made from the exact same materials, so that Defendant's request for fire testing materials as to Plaintiffs locker products is not reasonably calculated to lead to the discovery of admissible evidence and is I i therefore inappropriate. 3. Plaintiffs counsel shall provide a copy of the materials it submits to the Court to Defendant's counsel in accordance with the agreement reached in the discovery conference with this Court. This agreement requires that Defendant's counsel identify aperson with whom he shall be authorized to discuss the materials submitted by Defendant's counsel, including review of such documents by the person designated, with the understanding that both Defendant's counsel and the person so designated will be prohibited from disseminating, discussing, distributing, or otherwise disclosing the documents or their contents to any other person or entity without the consent of the Plaintiff or an order of this Court. On receipt of the materials from the Plaintiff, Defendant's counsel shall have SEVEN (7) DAYS from the date of receipt to submit to the Court such documents and arguments thereon as support its contention that the relevant partitions and lockers are made of the exact same materials. In such case, Defendant's counsel shall present acopy of the documents it submits to Plaintiffs counsel, who shall be governed by the same restrictions on dissemination of those documents or their contents set forth above. 4. The parties' dispute as to the redaction of materials provided by the Plaintiff, in that the redactions were made with regard to documents containing references to Plaintiffs locker products, will be deferred pending resolution of the propriety of Defendant's request for fire testing information on Plaintiffs locker products.Signed by Honorable Robert D. Mariani on 12/12/14 (jfg) |
Filing 41 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephonic Discovery Conference before Judge Mariani on 12/12/14. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 12/12/14. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
Filing 40 Consent MOTION to Expedite Discovery Conference by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Perlman, Julian) |
Filing 39 ORDER:upon consideration of Plaintiff Scranton Products Inc.'s Consented-To Motion for Brief Postponement of December 17, 2014 Discovery Conference, it is hereby ORDERED that Plaintiff's Consented-To Motion is GRANTED. A telephonic discovery conference regarding the issues set forth in Defendant's December 9, 2014 letter will he held on January 6, 2015 at 1:30 p.m. Counsel for Defendants are responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 12/11/14. (jfg) |
Filing 38 Consent MOTION for Brief Postponement of December 17, 2014 Discovery Conference re #37 Scheduling Order, by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Certificate of Concurrence, #3 Proposed Order)(Jankowski, Gretchen) |
Filing 37 ORDER:THAT atelephone discovery conference will be held on Wednesday, December 17, 2014 at 11:00 a.m. Counsel for defendants are responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 12/10/14. (jfg) |
Filing 36 Letter Seeking a Conference Regarding Compelling Discovery. (Attachments: #1 Exhibit(s) A-Defendant's First Set of Requests for Production of Documents to Plaintiff, #2 Exhibit(s) B-Plaintiff's Responses and Objections to Defendant's First Set of Requests for Production of Documents, #3 Exhibit(s) C-Defendant's First Set of Interrogatories to Plaintiff, #4 Exhibit(s) D-Plaintiff's Answers and Objections to Defendant's First Set of Interrogatories, #5 Exhibit(s) E-Subpoena to Western Fire Center, Inc., #6 Exhibit(s) F-Letter Dated October 31, 2014, #7 Exhibit(s) G-Plaintiff's First Request for the Production of Documents Directed to Defendant, #8 Exhibit(s) H-Notice of Non-Party Subpoena to Koffel Associates, Inc., #9 Exhibit(s) I-Letter Dated December 1, 2012, #10 Exhibit(s) J-Produced Information, #11 Exhibit(s) K-Stipulation, #12 Exhibit(s) L-Letter Dated December 5, 2014, #13 Exhibit(s) M-Plaintiff's Supplemented Answers and Objections to Defendant's First Set of Interrogatories)(Hittinger, Carl) |
Filing 35 ORDER re #34 Petition for Special Admission - Pro Hac Vice filed by Bobrick Washroom Equipment, Inc. Special Admission granted for Jeffry W. Duffy. Signed by Honorable Robert D. Mariani on 9/29/14. (jfg) |
DOCKET ANNOTATION: PA State Bar record verified for Jeffry W. Duffy as active. (ao) |
Filing 34 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jeffry W Duffy on behalf of Bobrick Washroom Equipment, Inc. Filing fee $ 50, receipt number 0314-3232611.. (Duffy, Jeffry) |
DOCKET ANNOTATION: New York Bar record verified for Julian David Perlman as active. (ao) |
Filing 33 ORDER re #32 Petition for Special Admission - Pro Hac Vice filed by Bobrick Washroom Equipment, Inc. Special Admission granted by Julian Perlman. Signed by Honorable Robert D. Mariani on 8/22/14. (jfg) |
Filing 32 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Julian D Perlman on behalf of Bobrick Washroom Equipment, Inc. Attorney Julian Perlman is seeking special admission. Filing fee $ 50, receipt number 0314-3198216.. (Perlman, Julian) |
Filing 31 STIPULATED PROTECTIVE ORDER - RE: Confidential materials. See Order for complete details. Signed by Honorable Robert D. Mariani on 8/11/14. (ao) Modified on 8/12/2014 (ao). |
Filing 30 Letter to the Honorable Robert D. Mariani. (Attachments: #1 Exhibit(s) Stipulated Protective Order)(Webster, Jordan) |
Filing 29 ORDER: Counsel shall have THREE (3) DAYS from the date of this Order to either (a) reachagreement on the content of the proposed confidentiality order and submit a JointConfidentiality Order for Court approval or (b) report to the Court that no agreementhas been reached. If the parties are unable to reach agreement on the content of the confidentialityorder within three days, the parties shall have SEVEN (7) DAYS from the day onwhich they so inform the Court to submit arguments on their respective positions, inwritten form, to the Court. Submissions need not comply with the technicalrequirements for briefing laid out in the Middle District of Pennsylvania Local Rules.Signed by Honorable Robert D. Mariani on 8/5/2014. (bg) |
Filing 28 SCHEDULING ORDER:The parties shall be allowed to take TEN (10) depositions. If it is necessary for aparty to take more than ten depositions, that party may apply to the Court foradditional ones, as needed. Motions to join additional parties shall be filed no later than August 30, 2014. Motions to amend the pleadings shall be filed no later than September 15,2014. All fact discovery shall be commenced in time to be completed by March 16,2015. All potentially dispositive motions shall be filed no later than April 15, 2015.Reports from Plaintiff's retained experts shall be due by April 30, 2015. Reports from Defendant's retained experts shall be due by May 29, 2015. Supplementations shall be due by June 29,2015. All expert discovery shall be commenced in time to be completed by July 29,2015. Signed by Honorable Robert D. Mariani on 8/5/2014. (bg) |
Filing 26 CASE MANAGEMENT PLAN JOINT by Scranton Products, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Webster, Jordan) |
Filing 25 ORDER: THAT the case management conference previously scheduled for Friday, July 31,2014 at 10:00 a.m. has been rescheduled to Tuesday, August 5,2014 at 1:30 a.m. Counsel for plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted. Signed by Honorable Robert D. Mariani on 7/11/14. (jfg) |
Filing 24 Letter from Gretchen L. Jankowski on behalf of Scranton Products Inc.. (Jankowski, Gretchen) |
Filing 23 Letter from Carl W. Hittinger on behalf of Defendant Bobrick Washroom Equipment, Inc.. (Hittinger, Carl) |
Filing 22 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Renee M. Schwerdt terminated on behalf of Scranton Products Inc.. (Schwerdt, Renee) |
Filing 21 ANSWER to #1 Complaint by Bobrick Washroom Equipment, Inc..(Hittinger, Carl) |
Filing 20 ORDER granting #19 Motion to Appear Pro Hac Vice for Jordan Webster.Signed by Honorable Robert D. Mariani on 5/21/14 (jfg) |
Filing 19 MOTION to Appear Pro Hac Vice - Petition for Special Admission Filing fee $ 50, receipt number 0314-3105810. by Scranton Products, Inc..(Webster, Jordan) |
DOCKET ANNOTATION: Jan Budman and Renee Schwerdt are active with the PA state bar. (lh) |
DOCKET ANNOTATION: Verified Attorney Jordan Webster status as active with the PA state bar. (lh) |
Filing 18 ORDER re #17 Petition for Special Admission - Pro Hac Vice filed by Scranton Products, Inc. Special Admission granted for Renee M. Schwerdt.Signed by Honorable Robert D. Mariani on 5/16/14. (jfg) |
Filing 17 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Renee M. Schwerdt on behalf of Scranton Products, Inc. Attorney Renee M. Schwerdt is seeking special admission. Filing fee $ 50, receipt number 0314-3103107.. (Schwerdt, Renee) |
Filing 16 ORDER: Case Management Conference set for 7/31/2014 10:00 AM in Scranton before Honorable Robert D. Mariani.Signed by Honorable Robert D. Mariani on 5/14/14. (jfg) |
Filing 15 SUMMONS Returned Executed by Scranton Products, Inc.. (Jankowski, Gretchen) |
Filing 14 ORDER re #7 Petition for Special Admission - Pro Hac Vice, filed by Scranton Products, Inc. Special Admission granted for Wendelynne J. Newton. Signed by Honorable Robert D. Mariani on 5/9/14. (jfg) |
Filing 13 ORDER re #6 Petition for Special Admission - Pro Hac Vice, filed by Scranton Products, Inc. Special Admission granted for Gretchen L. Jankowski.Signed by Honorable Robert D. Mariani on 5/9/14. (jfg) |
Filing 12 ORDER upon consideration of Defendant's Motion for an Extension ofTime to Respond to Plaintiff's Complaint, it is hereby ORDERED that Defendant's Motion is GRANTED. Defendant shall have until June 26, 2014 to answer, plead or otherwise respond to Plaintiff's Complaint.Signed by Honorable Robert D. Mariani on 5/9/14 (jfg) |
Filing 11 LETTER - The above-referenced action has been assigned to me. To ensure that the Case Management Conference is conducted in a timely manner, you are directed to file a written report within thirty (30) days as to whether service has been effected or a waiver of service obtained. The report will not be required if an affidavit of service has been 'flied within that time period. In addition, you are advised to refrain from entering into agreements for extensions of time for filing an answer or other responsive pleading to the complaint without court approval.Signed by Honorable Robert D. Mariani on 5/9/14. (jfg) |
Filing 10 SUMMONS Returned Executed by Scranton Products, Inc.. Bobrick Washroom Equipment, Inc. served on 5/6/2014, answer due 5/27/2014. (Jankowski, Gretchen) |
DOCKET ANNOTATION: Wendelynne Newton is active with the PA state bar. (lh) |
DOCKET ANNOTATION: Jan Budman and Gretchen Jankowski are both active with PA state bar. (lh) |
Filing 9 BRIEF IN OPPOSITION re #8 MOTION for Extension of Time to File Answer re #1 Complaint filed by Scranton Products, Inc..(Budman, Jan) |
Filing 8 MOTION for Extension of Time to File Answer re #1 Complaint by Bobrick Washroom Equipment, Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Proposed Order)(Hittinger, Carl) |
Filing 7 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Wendelynne J. Newton on behalf of Scranton Products, Inc. Attorney Wendelynne J. Newton is seeking special admission. Filing fee $ 50, receipt number 0314-3094764.. (Attachments: #1 Exhibit(s))(Newton, Wendelynne) |
Filing 6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Gretchen L. Jankowski on behalf of Scranton Products, Inc. Attorney Gretchen L. Jankowski is seeking special admission. Filing fee $ 50, receipt number 0314-3093779.. (Attachments: #1 Exhibit(s))(Jankowski, Gretchen) |
Filing 5 Corporate Disclosure Statement by Bobrick Washroom Equipment, Inc. identifying Corporate Parent The Bobrick Corporation for Bobrick Washroom Equipment, Inc... (Hittinger, Carl) |
Filing 4 NOTICE of Appearance by Carl W. Hittinger on behalf of Bobrick Washroom Equipment, Inc. (Hittinger, Carl) |
Filing 3 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Scranton Products, Inc. identifying Corporate Parent CPG International LLC for Scranton Products, Inc.. (Budman, Jan) |
Filing 2 Summons Issued as to Bobrick Washroom Equipment, Inc. 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) (ao) |
Filing 1 COMPLAINT against Bobrick Washroom Equipment, Inc. ( Filing fee $400, Receipt Number 0314-3091268), filed by Scranton Products, Inc.. (Attachments: #1 Civil Cover Sheet)(ao) |
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