ONEX, INC. v. PLIBRICO COMPANY, LLC, et al.
| ONEX, INC. |
| PLIBRICO COMPANY, LLC and JOHN WARD SR. |
| 1:2023cv00186 |
| June 20, 2023 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 BRIEF in Opposition re #30 Motion to Dismiss for Failure to State a Claim filed by ONEX, INC.. (Mizner, John) |
Filing 43
TEXT SCHEDULING ORDER: Telephonic Status Conference set for 8/23/2023 at 10:30 AM before Judge Susan Paradise Baxter. Parties are directed to contact the Court at (888) 363-4749 and use access code 7686665 at the time of the scheduled conference. Signed by Judge Susan Paradise Baxter on 8/18/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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| Filing 42 SEALED EXHIBIT in support of Defendants' Brief in Support of Motion to Dismiss and Defendants' Surreply regarding Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (Under Seal Version of ECF Nos. 31-1 and 40-1) by PLIBRICO COMPANY, LLC, JOHN WARD SR. pursuant to #41 Order on Motion for Leave to File Documents Under Seal,. (Prewitt, Matthew) |
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Filing 41
ORDER granting #27 MOTION for Leave to File Documents Under Seal by PLIBRICO COMPANY, LLC, JOHN WARD SR. The Defendants are granted leave to file an exhibit to Defendants' Motion to Dismiss Plaintiff's Complaint under seal. Signed by Judge Susan Paradise Baxter on 8/14/2023. (snc)
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| Filing 40 Sur-Reply Brief re #4 Motion for Preliminary Injunction, #6 Motion to Expedite, filed by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Exhibit 1, Declaration of David Kalat, #2 Exhibit 2, Letter from Onex's Counsel) (Prewitt, Matthew) |
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Filing 39
TEXT ORDER granting #38 MOTION for Leave to File Sur-Reply by PLIBRICO COMPANY, LLC, JOHN WARD SR. The Defendants' are directed to file the sur-reply attached to the motion in a separate entry. Signed by Judge Susan Paradise Baxter on 8/9/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #37 Sur-Reply Brief. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion for Leave to file Sur-Reply. This message is for informational purposes only. (rtm) |
| Filing 38 MOTION for Leave to File Sur-Reply by PLIBRICO COMPANY, LLC, JOHN WARD SR. (Attachments: #1 Sur-Reply Brief, #2 Proposed Order) (rtm) |
| Filing 37 Sur-Reply Brief in Opposition to re #4 Motion for Preliminary Injunction, #6 Motion to Expedite, filed by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Exhibit 1 -- Surreply, #2 Proposed Order) (Prewitt, Matthew) Incorrect event selected. Document removed from view and refiled at #38 . Modified text on 8/7/2023. (rtm) |
| Filing 36 AFFIDAVIT re #35 Reply Brief by ONEX, INC. Affiant: Patrick Laskey. (Attachments: #1 Certificate of Service) (Mizner, John) |
| Filing 35 REPLY BRIEF re #4 Motion for Preliminary Injunction filed by ONEX, INC.. (Mizner, John) |
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Filing 34
TEXT ORDER granting #33 Motion for Leave to File Nunc Pro Tunc by ONEX INC. The Plaintiff is directed to file the Reply Brief and Affidavit attached as exhibits to the motion in a separate entry. Signed by Judge Susan Paradise Baxter on 8/1/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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| Filing 33 MOTION for Leave to File Nunc Pro Tunc by ONEX, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Mizner, John) |
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Filing 32
TEXT ORDER Response/Briefing Schedule re #30 Motion to Dismiss for Failure to State a Claim. IT IS ORDERED that the Plaintiff is directed to file a response to motion on or before August 20, 2023. The Defendant's reply to response is due by August 25, 2023. Signed by Judge Susan Paradise Baxter on 7/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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| Filing 31 BRIEF in Support re #30 Motion to Dismiss for Failure to State a Claim filed by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Exhibit 1) (Prewitt, Matthew) |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Certificate of Conferral, #2 Proposed Order) (Prewitt, Matthew) |
| Filing 29 REPLY in Support re #27 Motion for Leave to File Documents Under Seal filed by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Prewitt, Matthew) Modified text on 8/9/2023. (ept) |
| Filing 28 RESPONSE IN OPPOSITION to #27 Motion for Leave to File Documents Under Seal, filed by ONEX, INC. (Mizner, John) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion for Leave to File Documents Under Seal. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (kss) |
| Filing 27 MOTION for Leave to File Documents Under Seal by PLIBRICO COMPANY, LLC, JOHN WARD SR. (Prewitt, Matthew) |
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Filing 26
TEXT ORDER granting #25 Motion to Exceed Page Limitation: NOW, this 26th day of July, 2023, upon consideration of Plaintiff's Motion to Exceed Page Limits for Reply Brief, ECF No. #25 , IT IS ORDERED that the motion is GRANTED. Signed by Judge Susan Paradise Baxter on 07/26/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kas)
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| Filing 25 MOTION to Exceed Page Limits for Reply Brief by ONEX, INC.. (Attachments: #1 Proposed Order) (Mizner, John) |
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Filing 24
ORDER granting #23 Stipulation for Extension of Time to Answer by PLIBRICO COMPANY, LLC. Answer is due 07/28/2023. Signed by Judge Susan Paradise Baxter on 7/25/2023. (snc)
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| Filing 23 Stipulation for Extension of Time to Answer by PLIBRICO COMPANY, LLC Answer due from PLIBRICO COMPANY, LLC on 7/28/2023. (Devlin, Neal) |
| Filing 22 Errata re Quality Control message - No signature s/, #21 Brief in Opposition to Motion, by PLIBRICO COMPANY, LLC, JOHN WARD SR.. Reason for Correction: Signature on document and filer did not match.. (Attachments: #1 Table of Contents to Exhibits, #2 Declaration of John Ward, Sr., #3 Declaration of Ed Christian) (Prewitt, Matthew) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #21 Brief in Opposition to Motion. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ctb) |
| Filing 21 BRIEF in Opposition re #4 Motion for Preliminary Injunction, #6 Motion to Expedite filed by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Table of Contents to Exhibits, #2 Declaration of John Ward, Sr., #3 Declaration of Ed Christian) (Molzberger, Michael) Documents removed from public view and refiled at #22 Errata; Modified text on 7/24/2023. (ctb) |
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Filing 20
TEXT ORDER granting #17 MOTION for attorney Matthew F. Prewitt, Esq. to Appear Pro Hac Vice by PLIBRICO COMPANY, LLC, JOHN WARD SR. Signed by Judge Susan Paradise Baxter on 7/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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Filing 19
TEXT ORDER granting #16 MOTION for attorney Michael K. Molzberger, Esq. to Appear Pro Hac Vice by PLIBRICO COMPANY, LLC, JOHN WARD SR. Signed by Judge Susan Paradise Baxter on 7/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
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| Filing 18 DECLARATION re #17 MOTION for attorney Matthew F. Prewitt to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7790549) with Certificate of Good Standing by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Prewitt, Matthew) |
| Filing 17 MOTION for attorney Matthew F. Prewitt to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7790549) by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Declaration, #2 Proposed Order) (Prewitt, Matthew) |
| Filing 16 MOTION for attorney Michael K. Molzberger to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7790386) by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Attachments: #1 Declaration, #2 Proposed Order) (Molzberger, Michael) |
| Filing 15 STIPULATION re #4 MOTION for Preliminary Injunction , #6 MOTION to Expedite Discovery and for Briefing Schedule to File Responses by PLIBRICO COMPANY, LLC, JOHN WARD SR.. (Devlin, Neal) |
| Filing 14 NOTICE of Appearance by Neal R. Devlin on behalf of JOHN WARD SR.. (Devlin, Neal) |
| Filing 13 NOTICE of Appearance by Alexander K. Cox on behalf of JOHN WARD SR.. (Cox, Alexander) |
| Filing 12 SUMMONS/Return of Service Returned Executed by ONEX, INC.. JOHN WARD SR. served on 7/7/2023, answer due 7/28/2023. (Attachments: #1 Exhibit) (Mizner, John) |
| Filing 11 SUMMONS/Return of Service Returned Executed by ONEX, INC.. PLIBRICO COMPANY, LLC served on 7/6/2023, answer due 7/27/2023. (Attachments: #1 Exhibit, #2 Exhibit) (Mizner, John) |
| Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by PLIBRICO COMPANY, LLC. (Devlin, Neal) |
| Filing 9 NOTICE of Appearance by Neal R. Devlin on behalf of PLIBRICO COMPANY, LLC. (Devlin, Neal) |
| Filing 8 NOTICE of Appearance by Alexander K. Cox on behalf of PLIBRICO COMPANY, LLC. (Cox, Alexander) |
| Filing 7 STIPULATION re #6 MOTION to Expedite Discovery and for Briefing Schedule to File Response by PLIBRICO COMPANY, LLC. (Devlin, Neal) |
| Filing 6 MOTION to Expedite Discovery by ONEX, INC.. (Attachments: #1 Proposed Order) (Mizner, John) |
| Filing 5 BRIEF in Support re #4 Motion for Preliminary Injunction filed by ONEX, INC.. (Mizner, John) |
| Filing 4 MOTION for Preliminary Injunction by ONEX, INC.. (Attachments: #1 Proposed Order) (Mizner, John) |
| Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, by ONEX, INC.. (Attachments: #1 Certificate of Service) (Mizner, John) |
| Filing 2 Summons Issued as to PLIBRICO COMPANY, LLC, JOHN WARD SR. (Attachments: Main Document - Summons as to PLIBRICO COMPANY, LLC, #1 Summons as to JOHN WARD SR.) (ctb) |
| Filing 1 COMPLAINT against PLIBRICO COMPANY, LLC, JOHN WARD SR. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7745579), filed by ONEX, INC.. (Attachments: #1 Civil Cover Sheet) (ctb) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 6/27/2023. (ctb) |
| Judge Susan Paradise Baxter presiding. (ctb) |
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