SHAFFER et al v. PRESQUE ISLE DOWNS & CASINO et al
| MARY L. SHAFFER and KYLE A. STALHEIM |
| OLD PID, INC., PRESQUE ISLE DOWNS & CASINO, PID, LLC, PRESQUE ISLE DOWNS, INC., ECLAIR HOLDINGS COMPANY, MTR GAMING GROUP INC., ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., CHURCHILL DOWNS, INC., PENNSYLVANIA HORSEMENS BENEVOLENT AND PROTECTIVE ASSOCIATION and PENNSYLVANIA STATE POLICE |
| 1:2022cv00124 |
| April 8, 2022 |
| US District Court for the Western District of Pennsylvania |
| Cathy Bissoon |
| Civil Rights: Other |
| 28 U.S.C. § 1441 cr Notice of Removal - Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 Disclosure Statement identifying None as corporate parent or other affiliate, by PENNSYLVANIA HORSEMENS BENEVOLENT AND PROTECTIVE ASSOCIATION. (Altland, Philip) |
| Filing 17 ANSWER to Complaint and Affirmative Defenses by PENNSYLVANIA HORSEMENS BENEVOLENT AND PROTECTIVE ASSOCIATION. (Altland, Philip) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/10/2022. (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 6/10/2022. (kss) |
| Filing 16 ANSWER and Affirmative Defenses to Complaint by CHURCHILL DOWNS, INC., PID, LLC, PRESQUE ISLE DOWNS & CASINO. (Attachments: #1 Exhibit A to Answer and Affirmative Defenses to Plaintiffs' Complaint) (Kane, Brian) |
| Filing 15 NOTICE of Appearance by Brian S. Kane on behalf of CHURCHILL DOWNS, INC., PID, LLC, PRESQUE ISLE DOWNS & CASINO. (Kane, Brian) |
Filing 14
ORDER re renewed Motion to Dismiss (Doc. #12 ). Defendants having complied with the Court's certification requirement regarding meet-and-confer, Plaintiffs shall respond to the Motion in conformity with the response Order entered at Doc. 7 . Signed by Judge Cathy Bissoon on 6/2/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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| Filing 13 BRIEF in Support re #12 Motion to Dismiss for Failure to State a Claim, filed by ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., OLD PID, INC., PRESQUE ISLE DOWNS, INC. (Musone, Michael) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, by ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., OLD PID, INC., PRESQUE ISLE DOWNS, INC. (Attachments: #1 Certificate of Conferral, #2 Proposed Order) (Musone, Michael) Modified on 6/3/2022 (kss). |
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Filing 11
ORDER. The response Order at Doc. 10 is VACATED, and the PID Defendants' Motion to Dismiss (Doc. #8 ) is DENIED, without prejudice. Defendants' Motion does not comply with the Court's Order dated 4/8/22 (Doc. #3 ), which provides that "motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made good faith efforts to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment," and warns that "[m]otions to dismiss that do not contain the required certification will be summarily denied." Defendants may refile their Motion to Dismiss only after meeting and conferring with Plaintiffs, and any such Motion must include the required certification. Signed by Judge Cathy Bissoon on 6/2/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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Filing 10
ORDER Response re #8 Motion to Dismiss. Consistent with the undersigned's Practices and Procedures (https://www.pawd.uscourts.gov/content/cathy-bissoon-district-judge), Plaintiffs' response is due by 6/22/2022. All future motions in this case will be governed by the undersigned's Practices and Procedures, and no briefing schedule will issue. If the parties consent to the jurisdiction of a magistrate judge in this case, the parties must file a stipulation consenting to such jurisdiction on or before 6/13/2022. If any party declines to consent, no stipulation or other filing is required. Signed by Judge Cathy Bissoon on 6/2/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
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| Filing 9 BRIEF in Support re #8 Motion to Dismiss for Failure to State a Claim filed by ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., OLD PID, INC., PRESQUE ISLE DOWNS, INC.. (Musone, Michael) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , by ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., OLD PID, INC., PRESQUE ISLE DOWNS, INC. (Attachments: #1 Proposed Order) (Musone, Michael) Modified on 6/3/2022 (kss). |
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Filing 7
ORDER Response re #5 Motion to Dismiss. Consistent with the undersigned's Practices and Procedures (https://www.pawd.uscourts.gov/content/cathy-bissoon-district-judge), Plaintiffs' response is due by 6/22/2022. All future motions in this case will be governed by the undersigned's Practices and Procedures, and no briefing schedule will issue. If the parties consent to the jurisdiction of a magistrate judge in this case, the parties must file a stipulation consenting to such jurisdiction on or before 6/13/2022. If any party declines to consent, no stipulation or other filing is required. Signed by Judge Cathy Bissoon on 6/2/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
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| Filing 6 BRIEF in Support re #5 Motion to Dismiss/Lack of Jurisdiction filed by PENNSYLVANIA STATE POLICE. (Bradley, Scott) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction, by PENNSYLVANIA STATE POLICE. (Attachments: #1 Certification of Conferral, #2 Proposed Order) (Bradley, Scott) Modified on 6/3/2022 (kss). |
| Filing 4 Stipulation for Extension of Time to Answer by OLD PID, INC., PRESQUE ISLE DOWNS, INC., ELDORADO RESORTS, INC., ELDORADO HOLDCO, LLC. Answer due from PRESQUE ISLE DOWNS & CASINO on 6/2/22; answer due from PID, LLC on 6/2/22; answer due from PRESQUE ISLE DOWNS, INC. on 6/2/22; answer due from OLD PID, INC. on 6/2/22; answer due from ECLAIR HOLDINGS COMPANY on 6/2/22; answer due from MTR GAMING GROUP INC. on 6/2/22; answer due from ELDORADO HOLDCO, LLC on 6/2/22; answer due from ELDORADO RESORTS, INC. on 6/2/22; answer due CHURCHILL DOWNS, INC. on 6/2/22; answer due from PENNSYLVANIA HORSEMENS BENEVOLENT AND PROTECTIVE ASSOCIATION on 6/2/22; from PENNSYLVANIA STATE POLICE on 6/2/22. (Musone, Michael) Modified on 4/14/2022 (kss). |
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Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 4/8/22. (jhi)
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| Filing 2 Disclosure Statement identifying Caesars Entertainment, Inc. as corporate parent or other affiliate, by ELDORADO HOLDCO, LLC, ELDORADO RESORTS, INC., OLD PID, INC., PRESQUE ISLE DOWNS, INC. (kss) |
| Filing 1 NOTICE OF REMOVAL from Erie County, case number 12410-2020 Copies attached: Complaint, Docket Sheet, Praecipes for Entry of Appearance, Civil Cover Sheet, Affidavits of Service (Filing fee, including Administrative fee, $402, receipt number APAWDC-7044769), filed by OLD PID, INC., PRESQUE ISLE DOWNS, INC., ELDORADO RESORTS, INC., ELDORADO HOLDCO, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (kss) |
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