Vorobey et al v. Cleveland Brothers Equipment Co., Inc. et al
Plaintiff: Vera Vorobey and Grigoriy N. Vorobey
Defendant: Cleveland Brothers Equipment Co Inc and Keith W. Bryson
Case Number: 4:2018cv00865
Filed: April 23, 2018
Court: US District Court for the Middle District of Pennsylvania
Office: Williamsport Office
County: Outside State
Presiding Judge: Matthew W Brann
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2019 Opinion or Order Filing 55 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Matthew W. Brann on 4/9/2019. (jr)
April 5, 2019 Filing 54 NOTICE of Settlement by Grigoriy N. Vorobey, Vera Vorobey (Oven, Paul)
March 8, 2019 Opinion or Order Filing 53 ORDER - IT IS HEREBY ORDERED that Motions to exclude Plaintiffs' expert testimony shall be filed no later than 11/1/2019, and motions to exclude Defendants' expert testimony shall be filed no later than 12/1/2019. Signed by Honorable Matthew W. Brann on 3/8/2019. (jr)
March 7, 2019 Filing 52 Joint MOTION for Extension of Time to Enlarge current deadline in Paragraph 13 of Case Management Order by Keith W. Bryson, Cleveland Brothers Equipment Co Inc. (Attachments: #1 Proposed Order)(Custer, Paul)
March 6, 2019 Filing 51 Letter from Paul A. Custer Requesting Extension of Deadline in Paragraph 13 of Case Management Order. (Custer, Paul)
February 4, 2019 Opinion or Order Filing 50 ORDER - STANDARD CASE MANAGEMENT TRACK: Following an Initial Case Management conference, the following dates apply to this case: Discovery due by 5/15/2019. Dispositive Motions due by 7/1/2019. Plaintiff Expert Report is due by 10/1/2019. Defendant Expert Report is due by 11/1/2019. Expert Discovery Deadline is due by 11/15/2019. Pretrial Memos due by 12/13/2019. Final Pretrial Conference scheduled for 12/20/2019 in Chambers before Honorable Matthew W. Brann. Case placed on the February 2020 trial term. (See Order for further details.) Signed by Honorable Matthew W. Brann on 2/4/2019. (jr)
January 28, 2019 Filing 48 CASE MANAGEMENT PLAN JOINT by Grigoriy N. Vorobey, Vera Vorobey. (Oven, Paul)
January 17, 2019 Filing 47 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Cleveland Brothers Equipment Co Inc. (Custer, Paul)
January 7, 2019 Opinion or Order Filing 46 SCHEDULING ORDER: Telephonic Initial Case Management Conference scheduled for 2/4/2019 at 3:30 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 1/7/2019. (jr)
January 3, 2019 Filing 45 ANSWER to #44 Amended Complaint by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Custer, Paul)
December 20, 2018 Filing 44 AMENDED COMPLAINT THIRD against All Defendants, filed by Grigoriy N. Vorobey, Vera Vorobey.(Oven, Paul)
December 7, 2018 Opinion or Order Filing 43 ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Plaintiffs shall file a third amended complaint by 12/20/2018. If a third amended complaint is not filed by that date, the case will be summarily dismissed. Signed by Honorable Matthew W. Brann on 12/7/2018. (jr)
December 7, 2018 Filing 42 MEMORANDUM (Order to follow as separate docket entry) re: #38 MOTION to Dismiss Second Amended Complaint filed by Cleveland Brothers Equipment Co Inc, Keith W. Bryson. Signed by Honorable Matthew W. Brann on 12/7/2018. (jr)
September 17, 2018 Filing 41 REPLY BRIEF re #38 MOTION to Dismiss Second Amended Complaint Supporting Motion to Dismiss filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Custer, Paul)
September 4, 2018 Filing 40 BRIEF IN OPPOSITION re #38 MOTION to Dismiss Second Amended Complaint filed by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B)(Oven, Paul)
August 30, 2018 Filing 39 BRIEF IN SUPPORT re #38 MOTION to Dismiss Second Amended Complaint filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Custer, Paul)
August 16, 2018 Filing 38 MOTION to Dismiss Second Amended Complaint by Keith W. Bryson, Cleveland Brothers Equipment Co Inc. (Attachments: #1 Exhibit(s) A - Amended Complaint, #2 Exhibit(s) B - 2nd Amended Complaint, #3 Proposed Order)(Custer, Paul)
August 2, 2018 Filing 37 AMENDED COMPLAINT SECOND against All Defendants, filed by Grigoriy N. Vorobey, Vera Vorobey.(Oven, Paul)
August 2, 2018 DOCKET ANNOTATION: Docuemtn #37"Second Amended Complaint" has been deleted. Attorney Paul Oven will re-file. (ga)
August 2, 2018 DOCKET ANNOTATION: Attorney Oven is instructed to re-file the Amended Complaint, as a clean copy, not the "red-lined" proposed amended complaint; thereafter, doc 37 will be deleted. (lg)
July 31, 2018 Opinion or Order Filing 36 ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiff Grigoriy N. Vorobey and Vera Vorobey's #32 Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiffs are directedto file their second amended complaint within 7 days of the date of this Order; and Defendants Keith W. Bryson and Cleveland Brothers Equipment Co, Inc.'s #26 Motion for Judgment on the Pleadings (ECF No. 26) is DENIED as MOOT. Signed by Honorable Matthew W. Brann on 7/31/2018. (jr)
July 31, 2018 Filing 35 MEMORANDUM (Order to follow as separate docket entry) re: #32 MOTION for Leave to File Second Amended Complaint filed by Vera Vorobey, Grigoriy N. Vorobey, #26 MOTION for Judgment on the Pleadings filed by Cleveland Brothers Equipment Co Inc, Keith W. Bryson. Signed by Honorable Matthew W. Brann on 7/31/2018. (jr)
July 11, 2018 Filing 34 BRIEF IN OPPOSITION re #32 MOTION for Leave to File Second Amended Complaint filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Custer, Paul)
July 2, 2018 Filing 33 BRIEF IN OPPOSITION re #26 MOTION for Judgment on the Pleadings filed by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Proposed Order)(Oven, Paul)
June 29, 2018 Filing 32 MOTION for Leave to File Second Amended Complaint by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Exhibit(s) Amended Complaint, #2 Exhibit(s) Second Amended Complaint, #3 Proposed Order)(Oven, Paul)
June 25, 2018 Opinion or Order Filing 31 ORDER - IT IS HEREBY ORDERED that Plaintiffs' #30 Motion to Withdraw Motion for Partial Summary Judgment is GRANTED; Plaintiffs' Motion for Partial Summary Judgment is WITHDRAWN; and Plaintiffs shall file a brief opposing Defendants' Motion for Judgment on the Pleadings by 7/2/2018 or this Court will deem Defendants' motion unopposed. Signed by Honorable Matthew W. Brann on 6/25/2018. (jr)
June 21, 2018 Filing 30 MOTION to Withdraw Motion for Partial Summary Judgment by Grigoriy N. Vorobey. (Attachments: #1 Proposed Order)(Oven, Paul)
June 1, 2018 Filing 29 BRIEF IN OPPOSITION re #9 MOTION for Partial Summary Judgment filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Pion, John)
June 1, 2018 Filing 28 ANSWER TO STATEMENT OF FACTS re #25 Statement of Facts filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc. (Attachments: #1 Exhibit(s) A - Police Report, #2 Exhibit(s) B - Photo Service Truck, #3 Exhibit(s) C - Photo of Tractor - Trailer, #4 Exhibit(s) D - Portion Vorobey Depo, #5 Exhibit(s) E - Portion English Depo, #6 Exhibit(s) F - Portion Bryson 7-25-17 Depo, #7 Exhibit(s) G - Portion Bryson 2-18 Depo, #8 Exhibit(s) H - Portion Miller Depo, #9 Exhibit(s) I - Photos of Scene, #10 Exhibit(s) J - Portion of Schmit Depo, #11 Proposed Order)(Pion, John)
May 29, 2018 Filing 27 BRIEF IN SUPPORT re #26 MOTION for Judgment on the Pleadings filed by Keith W. Bryson, Cleveland Brothers Equipment Co Inc.(Custer, Paul)
May 29, 2018 Filing 26 MOTION for Judgment on the Pleadings by Keith W. Bryson, Cleveland Brothers Equipment Co Inc. (Attachments: #1 Exhibit(s) A - Amended Complaint, #2 Exhibit(s) B - Answer Amended Complaint, #3 Proposed Order)(Custer, Paul)
May 23, 2018 DOCKET ANNOTATION: Counsel are reminded that, pursuant to 4/26/18 order of Court, brief in opposition to motion for partial summary judgment and response to statement of facts deadline of 6/1/18 still applies. (lg)
May 15, 2018 SPECIAL ADMISSION FORM emailed to Attorney Paul A Custer (lg)
May 15, 2018 DOCKET ANNOTATION: Attorney Custer notified the Clerk of his general admission on May 11, 2018. No further paperwork required. (lg)
May 14, 2018 Filing 23 NOTICE of Appearance by Paul A Custer on behalf of Keith W. Bryson, Cleveland Brothers Equipment Co Inc (Custer, Paul)
May 11, 2018 Filing 25 STATEMENT OF FACTS filed by Grigoriy N. Vorobey, Vera Vorobey. (this was originally filed as an attachment to the motion filed in Western District of NY)(lg)
May 11, 2018 Filing 24 BRIEF IN SUPPORT of #9 MOTION for Partial Summary Judgment filed by Grigoriy N. Vorobey, Vera Vorobey. (this was originally filed as an attachment to the motion filed in Western District of NY) (lg)
May 11, 2018 Filing 22 NOTICE of Appearance by Paul T. Oven on behalf of All Plaintiffs (Oven, Paul)
April 27, 2018 Filing 21 Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Honorable Matthew W. Brann on 4/27/2018. (jr)
April 27, 2018 Filing 20 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Peter D. Cantone and Joel B. Schechter terminated. Attorney John T. Pion for Keith W. Bryson,John T. Pion for Cleveland Brothers Equipment Co Inc added. (Pion, John)
April 26, 2018 Opinion or Order Filing 19 ORDER - IT IS HEREBY ORDERED that the stay entered by the Honorable H. Kenneth Schroeder Jr. of the Western District of New York staying the briefing schedule on a motion for partial summary judgment pending resolution of a motion to change venue is LIFTED. Plaintiffs' brief in support of #9 MOTION for Partial Summary Judgment together with their statement of material facts is due no later than 5/11/2018. Defendants' opposing brief and answer to Plaintiffs' statement of material facts is due no later than 6/1/2018. If Plaintiffs so choose to file a reply brief, it is due no later than 6/15/2018. Signed by Honorable Matthew W. Brann on 4/26/2018. (jr)
April 23, 2018 Filing 18 Case transferred in from District of New York Western; Case Number 1:17-cv-01115 containing electronic documents. (lg)
April 5, 2018 Opinion or Order Filing 17 ORDER granting #4 Motion to Change Venue. Signed by Hon. H. Kenneth Schroeder Jr. on 4/5/2018. (KER)-CLERK TO FOLLOW UP- [Transferred from New York Western on 4/23/2018.]
February 9, 2018 Filing 16 TEXT ORDER re: 10 Text Order re: Motion for Partial Summary Judgment. The briefing schedule on the motion for partial summary judgment is hereby STAYED pending the resolution of the #4 MOTION to Change Venue filed by Cleveland Brothers Equipment Co., Inc., Keith W. Bryson. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 2/7/2018. (HKG) [Transferred from New York Western on 4/23/2018.]
February 2, 2018 Filing 15 Letter filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. as to Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. (Request to Stay). (Attachments: #1 Certificate of Service)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
February 2, 2018 Filing 14 DECLARATION re #4 MOTION to Change Venue filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. (Steven W. Rickard Declaration) filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc.. (Attachments: #1 Exhibit Ex. A. Rickard CV, #2 Exhibit Ex. B. Police Crash Report, #3 Certificate of Service)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
February 2, 2018 Filing 13 DECLARATION re #4 MOTION to Change Venue filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. (Robert Douglass Declaration) filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc.. (Attachments: #1 Exhibit Ex. A - Photographs, #2 Certificate of Service)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
February 2, 2018 Filing 12 DECLARATION re #4 MOTION to Change Venue filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc.. (Attachments: #1 Exhibit Ex. A. Carnevale Transcript, #2 Certificate of Service)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
January 9, 2018 Filing 11 AFFIDAVIT re #9 MOTION for Partial Summary Judgment Supplement Affidavit by Grigoriy N. Vorobey, Vera Vorobey filed by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Exhibit Exhibits A thru B)(Manna, Joseph) [Transferred from New York Western on 4/23/2018.]
January 5, 2018 Filing 10 TEXT ORDER re #9 MOTION for Partial Summary Judgment filed by Vera Vorobey, Grigoriy N. Vorobey. Response due 3/9/2018. Reply due 4/27/2018. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 1/05/2018. (HKG) [Transferred from New York Western on 4/23/2018.]
January 5, 2018 Filing 9 MOTION for Partial Summary Judgment by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Affidavit in support, #2 Exhibit Exhibts A thru G redacted, #3 Memorandum in Support, #4 Statement of Undisputed Facts)(Manna, Joseph) [Transferred from New York Western on 4/23/2018.]
January 5, 2018 Filing 8 AFFIDAVIT of Joseph J. Manna, Esq. in Opposition re #4 MOTION to Change Venue filed by Grigoriy N. Vorobey, Vera Vorobey. (Attachments: #1 Exhibit Exhibits A thru M redacted, #2 Memorandum in opposition)(Manna, Joseph) [Transferred from New York Western on 4/23/2018.]
November 13, 2017 Filing 7 TEXT ORDER re #4 MOTION to Change Venue filed by Cleveland Brothers Equipment Co., Inc., Keith W. Bryson: Responses due by 1/5/2018. Replies due by 2/2/2018. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 11/13/2017. (KER) [Transferred from New York Western on 4/23/2018.]
November 13, 2017 Filing 6 MEMORANDUM IN SUPPORT re #4 MOTION to Change Venue byKeith W. Bryson, Cleveland Brothers Equipment Co., Inc.. (Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
November 13, 2017 Filing 5 DECLARATION re #4 MOTION to Change Venue filed by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc. . (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J., #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N, #15 Exhibit Ex. O, #16 Exhibit Ex. P, #17 Exhibit Ex. Q, #18 Exhibit Ex. R., #19 Exhibit Ex. S, #20 Exhibit Ex. T)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
November 13, 2017 Filing 4 MOTION to Change Venue by Keith W. Bryson, Cleveland Brothers Equipment Co., Inc..(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
November 6, 2017 Filing 3 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/6/2017. (CMD) [Transferred from New York Western on 4/23/2018.]
November 2, 2017 Filing 2 Corporate Disclosure Statement by CLEVELAND BROTHERS EQUIPMENT CO., INC.. (Cantone, Peter) [Transferred from New York Western on 4/23/2018.]
November 2, 2017 Filing 1 NOTICE OF REMOVAL by KEITH W BRYSON, CLEVELAND BROTHERS EQUIPMENT CO., INC. from Erie County Supreme Court, case number 807058/2017. (Filing fee $ 400 receipt number 0209-2934600), filed by KEITH W BRYSON, CLEVELAND BROTHERS EQUIPMENT CO., INC.. (Attachments: #1 Exhibit S&C, #2 Exhibit Amended Complaint, #3 Exhibit Answer, #4 Exhibit Demand for Relief, #5 Exhibit Response to Relief Demand, #6 Exhibit Doc. List w Docs, #7 Exhibit Notice of Filing Removal, #8 Civil Cover Sheet)(Cantone, Peter) [Transferred from New York Western on 4/23/2018.]

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Search for this case: Vorobey et al v. Cleveland Brothers Equipment Co., Inc. et al
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Defendant: Cleveland Brothers Equipment Co Inc
Represented By: Joel B. Schechter
Represented By: Peter D. Cantone
Represented By: John T. Pion
Represented By: Paul A. Custer
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Defendant: Keith W. Bryson
Represented By: Joel B. Schechter
Represented By: Peter D. Cantone
Represented By: John T. Pion
Represented By: Paul A. Custer
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Plaintiff: Vera Vorobey
Represented By: Joseph J. Manna
Represented By: Paul T. Oven
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Plaintiff: Grigoriy N. Vorobey
Represented By: Joseph J. Manna
Represented By: Paul T. Oven
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