Twigg et al v. Varsity Brands Holding Co., Inc. et al
| Corey Twigg and Lori Twigg |
| Varsity Brands Holding Co., Inc., BSN Sports, Inc., Sport Supply Group, Inc., Spartan Athletic Company and GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS |
| 4:2023cv00067 |
| January 13, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Matthew W Brann |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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Filing 57
ORDER - IT IS HEREBY ORDERED that the case management deadlines are amended as follows: Discovery due by 7/7/2023. Plaintiff's Expert Report is due by 7/7/2023. Defendant's Expert Report is due by 8/7/2023. Supplemental Expert Report is due by 8/21/2023. Dispositive Motions due by 10/20/2023. This Order supersedes all previous scheduling Orders. Signed by Chief Judge Matthew W. Brann on 02/16/2023. (ea)
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Filing 55
SCHEDULING ORDER: Telephone Status Conference scheduled for 1/30/2023 at 3:30 PM before Chief Judge Matthew W. Brann. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 1/24/2023. (jr)
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Filing 54
PROTECTIVE ORDER. Signed by Chief Judge Matthew W. Brann on 1/20/2023. (jr)
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Filing 53
Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:21-cv-00768 containing electronic documents.
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Filing 52
MEMORANDUM OPINION ORDER THAT DEFENDANTS JOINT MOTION TO TRANSFER VENUE (DOC. NO. #39 ), IS GRANTED. THIS ACTION IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/12/23. 1/12/23 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 51
MEMORANDUM OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/12/23. 1/12/23 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 50
Joint MOTION for Protective Order filed by BSN SPORTS, INC., Varsity Brands Holding Co., Inc... (Attachments: #1 Exhibit A - Joint Stipulation and Protective Order, #2 Text of Proposed Order, #3 Certificate of Service)(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 49
AMENDED SCHEDULING ORDER THAT FACT DISCOVERY IS DUE BY 2/3/23. EXPERT DISCOVERY IS DUE BY 5/12/23. ALL MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS ARE DUE BY 5/26/23. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/30/22. 11/30/22 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 48
Letter dated November 28, 2022 by BSN SPORTS, INC., Varsity Brands Holding Co., Inc.. (KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 47
RESPONSE to Motion re #45 MOTION to Compel Plaintiffs' Responses to Interrogatories and Requests for Production of Documents Pursuant to Local Rule 26.1(g) filed by Corey Twigg, Lori Twigg. (MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 46
ORDER THAT PLAINTIFFS SHALL PROVIDE FULL AND COMPLETE RESPONSES TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS WITHIN TEN DAYS FROM THE DATE OF THIS ORDER; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/20/22.7/20/22 ENTERED AND E-MAILED.(JL) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 45
MOTION to Compel Plaintiffs' Responses to Interrogatories and Requests for Production of Documents Pursuant to Local Rule 26.1(g) filed by BSN SPORTS, INC., Varsity Brands Holding Co., Inc..Motion to Compel.(MOHRMAN, JOEL) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 44
Letter dated June 13, 2022 by BSN SPORTS, INC., Varsity Brands Holding Co., Inc.. (MOHRMAN, JOEL) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 43
DEFENDANTS VARSITY BRANDS HOLDING COMPANY, INC., BSN SPORTS, LLC, AND GARWARE TECHNICAL FIBRES LTD.'S REPLY BRIEF SUPPORTING THEIR JOINT MOTION TO TRANSFER VENUE. (amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 42
ORDER THAT THE MOTION (DOC. NO. #41 ) IS GRANTED. THE REPLY BRIEF ATTACHED TO THE MOTION IS DEEMED FILED AS OF THE DATE OF THIS ORDR. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/7/22.6/7/22 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 41
Joint MOTION for Leave to File Reply Brief filed by BSN SPORTS, INC., GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS, Varsity Brands Holding Co., Inc..Reply Brief. (Attachments: #1 Brief Ex. A - Joint Reply Brief, #2 Text of Proposed Order Proposed Order)(MOHRMAN, JOEL) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 40
RESPONSE in Opposition re #39 Joint MOTION to Transfer VenueJoint MOTION to Change Venue filed by Corey Twigg, Lori Twigg. (Attachments: #1 Exhibit Exhibit A)(MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 39
Joint MOTION to Transfer Venue, Joint MOTION to Change Venue filed by BSN SPORTS, INC., GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS, Varsity Brands Holding Co., Inc..Brief. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Text of Proposed Order Proposed Order, #6 Brief In Support of Motion)(MOHRMAN, JOEL) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 38
SCHEDULING ORDER THAT ALL MOTIONS TO AMEND THE COMPLAINT SHALL BE FILED WITHIN 14 DAYS. DEFENDANTS SHALL FILE THEIR PROPOSED MOTION TO TRANSFER BY 5/20/22. FACT DISCVOERY IS DUE BY 11/4/22. EXPERT DISCOVERY IS DUE BY 2/10/23. ALL MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS ARE DUE BY 2/24/23. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/5/22. 4/5/22 ENTERED AND E-MAILED.(amas) Modified 4/6/22 (fdc). [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 37
Minute Entry for proceedings held before HONORABLE MITCHELL S. GOLDBERG Pretrial Conference held on 4/5/22 (amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 36
ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF ANDERSON L. CAO, ESQUIRE (DOC. NO. #35 ) IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/1/22.4/4/22 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 35
MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-15828513.) filed by BSN SPORTS, INC., Varsity Brands Holding Co., Inc..Certificate of Service.(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 34
Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS.(DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 33
Report Of RULE 26(f) CONFERENCE by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS. (DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 32
Statement Rule 26 Disclosures by Corey Twigg, Lori Twigg. (MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 31
Statement Rule 26 Disclosures by Corey Twigg, Lori Twigg. (MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 30
NOTICE of Hearing: INITIAL PRETRIAL TELEPHONE CONFERENCE SET FOR 4/5/2022 AT 9:30 AM BEFORE HONORABLE MITCHELL S. GOLDBERG. COUNSEL SHOULD DIAL IN AS DIRECTED IN THE NOTICE. ENTERED 2/22/2022 AND E-MAILED. (sl) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 29
ANSWER to Complaint together with AFFIRMATIVE DEFENSES OF DEFENDANT by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS.(DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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DOC. 28 MAILED TO COUNSEL WITHOUT EMAIL ADDRESS.(sg) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 28
ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF JOEL W. MOHRMAN, ESQUIRE (DOC. NO. #27 ) IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/1/22.2/2/22 ENTERED AND COPIES NOT MAILED TO COUNSEL; E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 27
First MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-15694162.) filed by BSN SPORTS, INC., Varsity Brands Holding Co., Inc..Certificate of Service.(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 26
Letter dated 1-20-2022 by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS. (DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 25
ORDER THAT COUNSELL SHALL MEET AND CONFER TO DISCUSS DEFENDANT GARWARE'S PROPOSED MOTION TO DISMISS PLAINTIFFS' PUNITIVE DAMAGES CLAIM. WITHIN 1 WEEK FROM THE DATE OF THIS ORDER COUNSEL SHALL FILE A STATUS UPDATE AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 1/13/22. 1/14/22 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 24
Minute Entry for proceedings held before HONORABLE MITCHELL S. GOLDBERG Telephone Conference held on 1/13/22 (amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 23
NOTICE of Hearing: PRE-MOTION TELEPHONE CONFERENCE RESCHEDULED FOR 1/13/2022 AT 2:30 PM BEFORE HONORABLE MITCHELL S. GOLDBERG. COUNSEL SHOULD DIAL IN AS DIRECTED IN THE NOTICE. ENTERED 1/11/2022 AND COPIES E-MAILED. (sl) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 22
ORDER THAT A PRE-MOTION TELEPHONE CONFERENCE TO DISCUSS DEFENDANTS PROPOSED MOTION TO DISMISS IS SCHEDULED FOR 1/11/2022, AT 2:00 PM. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/20/21. 12/20/21 ENTERED AND COPIES E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 21
Letter dated December 6, 2021 by Corey Twigg, Lori Twigg. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit B)(MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 20
Letter dated 12/01/2021 by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS. (DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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PAPER #19 MAILED TO UNREP (JL ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 19
ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS MATTER FROM THE CIVIL SUSPENSE FILE. DEFENDANTS MOTION TO DISMISS IS DENIED WITHOUT PREJUDICE AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 11/30/21. 12/1/21 ENTERED AND COPIES NOT MAILED TO UNREP; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 18
MOTION to Dismiss filed by GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS.Brief, Certificate of Service. (Attachments: #1 Exhibit, #2 Exhibit)(DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 17
NOTICE of Appearance by MARY SUSAN TOTH on behalf of GARWARE TECHNICAL FIBRES LTD with Certificate of Service(TOTH, MARY) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 16
NOTICE of Appearance by JOHN T. DONOVAN on behalf of GARWARE TECHNICAL FIBRES LTD with Certificate of Service(DONOVAN, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 15
Letter dated October 6, 2021 by Corey Twigg, Lori Twigg. (MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Copy of Order/Notice dated 9/28/21 (Document # 13) and envelope returned from the U.S. Postal Service addressed to SPARTAN ATHLETIC COMPANY for the following reason: UNABLE TO FORWARD. (JL ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 14
Summons Returned Executed by Corey Twigg, Lori Twigg re #13 Order, Remark , Summons served upon GARWARE TECHNICAL FIBERS, LTD. on 9/9/2021, answer due 9/30/2021. (MATTIACCI, NICHOLAS) Modified on 10/4/2021 (tjd). [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 13
ORDER THAT, WITHIN 10 DAYS FROM THE DATE OF THIS ORDER, PLAINTIFF SHALL SUBMIT TO THE COURT AN UPDATE REGARDING THE STATUS OF SERVICE ON GARWARE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/28/21. 9/28/21 ENTERED AND COPIES NOT MAILED TO UNREPS; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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COPY OF DOC. NO. 13 HAS BEEN MAILED TO UNREP. PARTY. (bw, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Summons Issued as to BSN SPORTS, INC., GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS, SPARTAN ATHLETIC COMPANY, SPORT SUPPLY GROUP, INC., Varsity Brands Holding Co., Inc. PERSONALLY HANDED RAISED SEAL SUMMONS TO COUNSEL AT FRONT COUNTER (rf, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Summons Issued as to BSN SPORTS, INC., GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS, SPARTAN ATHLETIC COMPANY, SPARTAN ATHLETIC COMPANY, SPORT SUPPLY GROUP, INC. and VARSITY BRANDS HOLDING CO., INC. E-mailed to counsel on 8/17/21 (mbh, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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ORDER #12 MAILED TO UNREP. (fdc) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 12
ORDER THAT THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE. WITHIN 60 DAYS FROM THE DATE OF THIS ORDER, PLAINTIFFS SHALL SUBMIT A STATUS LETTER REGARDING THE STATUS OF SERVICE ON GARWARE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/22/21. 6/23/21 ENTERED AND COPIES NOT MAILED TO UNREPS AND E-MAILED.(mbh, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 11
Letter dated June 3, 2021 by Corey Twigg, Lori Twigg. (MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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COPY OF DOC. NO. 10 HAS BEEN MAILED TO UNREP. PARTY. (bw, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 10
ORDER THAT SERVICE MUST BE MADE UPON DEFENDANTS SPARTAN ATHLETIC COMPANY AND GARWARE TECHNICAL FIBERS, LTD. BY 6/10/21. PROOF OF SERVICE MUST BE FILED WITH THE CLERK'S OFFICE WITHIN 5 DAYS OF SERVICE. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/27/21. 5/27/21 ENTERED AND COPIES NOT MAILED TO UNREP; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 9
Disclosure Statement Form pursuant to FRCP 7.1 including Varsity Brands Holding Co., Inc. with Certificate of Service by BSN SPORTS, INC., SPORT SUPPLY GROUP, INC..(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 8
Disclosure Statement Form pursuant to FRCP 7.1 including Hercules VB Holdings, Inc. with Certificate of Service by Varsity Brands Holding Co., Inc..(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 7
ANSWER to Complaint by BSN SPORTS, INC., SPORT SUPPLY GROUP, INC., Varsity Brands Holding Co., Inc..(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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DOC. 6 MAILED TO UNREP. (sg, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 6
STIPULATION AND ORDER THAT DEFENDANTS BSN SPORTS, INC., SPORT SUPPLY GROUP, INC., AND VARSITY BRANDS HOLDING CO., INC., ARE GRANTED AN EXTENSION OF TIME, UNTIL 4/9/21, TO REPSOND TO THE COMPLAINT. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 3/26/21. 3/26/21 ENTERED AND COPIES NOT MAILED TO UNREP; E-MAILED.(amas, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 5
STIPULATION for Extension of Time to Answer by BSN SPORTS, INC., SPORT SUPPLY GROUP, INC., Varsity Brands Holding Co., Inc.. (KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 4
NOTICE of Appearance by JOHN MICHAEL KUNSCH on behalf of BSN SPORTS, INC., SPORT SUPPLY GROUP, INC., Varsity Brands Holding Co., Inc. with Jury Demand, Certificate of Service(KUNSCH, JOHN) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 3
AFFIDAVIT of Service by Caleb Malone re: served Complaint and Summons upon Maria Newman by Personal on March 4, 2021 (Attachments: #1 Certificate of Service, #2 Certificate of Service)(MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 2
12(b) PROCEDURAL ORDER (sl, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Summons Issued as to BSN SPORTS, INC., GARWARE TECHNICAL FIBERS, LTD. d/b/a GOLD MEDAL ATHLETIC PRODUCTS, SPARTAN ATHLETIC COMPANY, SPORT SUPPLY GROUP, INC., Varsity Brands Holding Co., Inc.. E-MAILED To: COUNSEL on 2/22/21 (bw, ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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DEMAND for Trial by Jury by Corey Twigg, Lori Twigg. (JL ) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0313-14928034.), filed by Corey Twigg, Lori Twigg. (Attachments: #1 Designation Form, #2 Civil Cover Sheet)(MATTIACCI, NICHOLAS) [Transferred from Pennsylvania Eastern on 1/13/2023.]
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