COTE v. U.S. SILICA COMPANY et al
| Dayton Cote |
| FB Industries, Schnell Industries, U.S. Silica Company and Norfolk Southern Corporation |
| 4:2018cv01440 |
| July 23, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Outside State |
| Matthew W Brann |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 34 BRIEF IN SUPPORT re #29 MOTION to Dismiss filed by Schnell Industries.(Brief in Support originally filed in EDPA on 6/8/2018).(ch1) |
| Filing 33 BRIEF IN SUPPORT re #28 MOTION Motion for a More Definite Statement Pursuant to F.R.C.P. 12(e) filed by U.S. Silica Company. (Original Brief in Support filed in EDPA on 3/23/2018).(ch1) |
| Filing 32 REQUEST FOR ENTRY OF DEFAULT by Dayton Cote. (Lynam, Thomas) |
| Filing 31 BRIEF IN OPPOSITION re #28 MOTION Motion for a More Definite Statement Pursuant to F.R.C.P. 12(e), #7 filed by Dayton Cote.(Lynam, Thomas) |
| Filing 30 BRIEF IN OPPOSITION re #29 MOTION to Dismiss, #22 filed by Dayton Cote. (Attachments: #1 Exhibit(s) 1 through 5)(Lynam, Thomas) |
| Filing 29 MOTION to Dismiss by Schnell Industries. (Original Motion filed in the Eastern District of PA on 6/8/2018.)(ch1) |
| Filing 28 MOTION Motion for a More Definite Statement Pursuant to F.R.C.P. 12(e) by U.S. Silica Company (Original Motion filed in Eastern District of PA on 3/23/2018).(ch1) |
| Filing 27 Case transferred in from District of Pennsylvania Eastern; Case Number 2:18-cv-00835 containing electronic documents |
| Filing 26 Reply Brief in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by SCHNELL INDUSTRIES. (Attachments: #1 Certificate of Service Certificate of Service)(MCCARRON, JEFFREY) Modified on 7/11/2018 (tjd). [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 25 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by DAYTON COTE, MEMORANDUM AND CERTIFICATE OF SERVICE. (Attachments: #1 Exhibit 1 through 5)(LYNAM, THOMAS) Modified on 6/22/2018 (afm, ). [Transferred from Pennsylvania Eastern on 7/23/2018.] |
Filing 24
ORDER THAT MOTION TO TRANSFER VENUE FILED BY DEFT U.S. SILICA COMPANY IS GRANTED. THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS MATTER TO THE U.S.D.C. FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/19/18. 6/19/18 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTY.(kw, ) [Transferred from Pennsylvania Eastern on 7/23/2018.]
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| Filing 23 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/19/18. 6/19/18 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTY.(kw, ) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Copy of Order dated 5/14/18 and envelope returned from the U.S. Postal Service addressed to FB Industries for the following reason: Moved. Unknown. Return to Sender. (kw, ) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by SCHNELL INDUSTRIES.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Memorandum MEMORANDUM OF LAW IN SUPPORT OF THE MOTION OF DEFENDANT SCHNELL INDUSTRIES TO DISMISS PLAINTIFFS COMPLAINT, #3 Certificate of Service Certificate of Service)(MCCARRON, JEFFREY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 21 NOTICE of Appearance by TIMOTHY A. MONTGOMERY on behalf of U.S. SILICA COMPANY with Jury Demand and Certificate of Service(MONTGOMERY, TIMOTHY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
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Filing 20
ORDER THAT MOTION OF SCHNELL INDUSTRIES FOR AN EXTENSION OF TIME, UNTIL 6/9/2018, TO ANSWER, PLEAD, OR OTHERWISE RESPOND TO PLFF'S COMPLAINT IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 5/14/18. 5/15/18 ENTERED AND COPIES E-MAILED AND MAILED TO UNREPRESENTED PARTY.(kw, ) [Transferred from Pennsylvania Eastern on 7/23/2018.]
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| Filing 19 MOTION for Extension of Time to File Answer plead, or otherwise respond to plaintiffs complaint filed by SCHNELL INDUSTRIES.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service, #4 Exhibit)(MCCARRON, JEFFREY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 18 CERTIFICATE OF SERVICE by DAYTON COTE re Jury Demand, #1 Complaint, Summons Issued UPON DEFENDANT FB INDUSTRIES on 4/19/2018, answer due 5/10/2018. (Attachments: #1 Certificate of Service CERTIFICATE OF DEPUTY SHERIFF OF PROVINCE OF MANITOBA, CANADA)(LYNAM, THOMAS) Modified on 5/10/2018 (tjd). [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 17 CERTIFICATE OF SERVICE by DAYTON COTE re Jury Demand, #1 Complaint, Summons Issued UPON DEFENDANT SCHNELL INDUSTRIES on 4/19/2018, answer due 5/10/2018. (Attachments: #1 Certificate of Service Certificate of Deputy Sheriff of Province of Manitoba, Canada)(LYNAM, THOMAS) Modified on 5/10/2018 (tjd). [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by SCHNELL INDUSTRIES. (Attachments: #1 Certificate of Service)(MCCARRON, JEFFREY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 15 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by NORFOLK SOUTHERN CORPORATION.(ROWAN, MAUREEN) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 14 Disclosure Statement Form pursuant to FRCP 7.1 including U.S. Silica Holdings, Inc. with Certificate of Service by U.S. SILICA COMPANY.(SPROUT, BRADLEY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 13 NOTICE of Appearance by JEFFREY B. MCCARRON on behalf of SCHNELL INDUSTRIES (MCCARRON, JEFFREY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 12 ANSWER to #11 Norfolk's Crossclaim by U.S. SILICA COMPANY. Jury Demand, Certificate of Service.(SPROUT, BRADLEY) Modified on 4/20/2018 (tjd). Modified on 4/20/2018 (tjd). [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 11 ANSWER to #1 Complaint with Affirmative Defenses, CROSSCLAIM against FB INDUSTRIES, SCHNELL INDUSTRIES, U.S. SILICA COMPANY by NORFOLK SOUTHERN CORPORATION.(ROWAN, MAUREEN) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 10 RESPONSE in Opposition re #7 MOTION for More Definite Statement filed by DAYTON COTE. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(LYNAM, THOMAS) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 9 RESPONSE in Opposition re #6 MOTION to Transfer Venue to the Middle District of PA filed by DAYTON COTE. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(LYNAM, THOMAS) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 8 NOTICE of Appearance by MAUREEN ROWAN on behalf of NORFOLK SOUTHERN CORPORATION with Jury Demand and/or Certificate of Service(ROWAN, MAUREEN) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 7 MOTION for More Definite Statement filed by U.S. SILICA COMPANY.Brief, COS & Order. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order, #3 Brief, #4 Certificate of Service, #5 Exhibit)(SPROUT, BRADLEY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 6 MOTION to Transfer Venue to the Middle District of PA filed by U.S. SILICA COMPANY.Brief, COS. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Exhibit, #4 Brief, #5 Certificate of Service)(SPROUT, BRADLEY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 5 NOTICE of Appearance by BRADLEY N. SPROUT on behalf of U.S. SILICA COMPANY with Jury Demand and Certificate of Service(SPROUT, BRADLEY) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 4 NOTICE of Appearance by JOHN T. PION on behalf of U.S. SILICA COMPANY with Jury Demand and Certificate of Service(PION, JOHN) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 3 CERTIFICATE OF SERVICE by DAYTON COTE re Jury Demand, #1 Complaint, Summons Issued UPON DEFENDANT, U.S. SILICA COMPANY (LYNAM, THOMAS) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 2 CERTIFICATE OF SERVICE by DAYTON COTE re Jury Demand, #1 Complaint, Summons Issued UPON DEFENDANT, NORFOLK SOUTHERN CORPORATION (LYNAM, THOMAS) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Filing 1 COMPLAINT against FB INDUSTRIES, NORFOLK SOUTHERN CORPORATION, SCHNELL INDUSTRIES, U.S. SILICA COMPANY ( Filing fee $ 400 receipt number 174072.), filed by DAYTON COTE.(jwl, ) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| Summons Issued as to FB INDUSTRIES, NORFOLK SOUTHERN CORPORATION, SCHNELL INDUSTRIES, U.S. SILICA COMPANY. Four Forwarded To: Counsel on 2/26/18 (jwl, ) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
| DEMAND for Trial by Jury by DAYTON COTE. (jwl, ) [Transferred from Pennsylvania Eastern on 7/23/2018.] |
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