September 20, 2016 |
Filing
357
MEMORANDUM OPINION granting motions for summary judgment filed by the Defendants. Order to follow. Signed by Judge David S. Cercone on 9/20/16. (jmc)
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August 27, 2015 |
Filing
302
MEMORANDUM ORDER granting 296 plaintiff's motion for leave to reply to third-party defendant Varian's response to plaintiff's motion to compel all Completed Reports of Mr. Ludwell A. Sibley and plaintiff's accompanying request t hat the court conduct an in camera review of the reports in its determination of plaintiff's motion to compel. The court has considered the additional briefing in 296 and it has reviewed the sealed, disputed documents in making its ruling on plaintiff's motion to compel. And further Ordering that 288 plaintiff's motion to compel is denied. Signed by Judge David S. Cercone on 8/27/15. (kak)
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September 25, 2012 |
Filing
229
ORDER granting 227 Stipulation of Dismissal, without prejudice and pursuant to Rule 41, as to TECHNICOLOR USA, INC.. Signed by Chief Judge Gary L. Lancaster on 9/24/12. (map)
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August 1, 2012 |
Filing
224
ORDER granting 223 Joint MOTION to Substitute Mediator; Donald Ziegler is substituted as Mediator in place of Kenneth Benson; All other aspects of the Court's Order Referring Case to Alternate Dispute Resolution, dated 5/10/2012, shall remain in full force and effect. Signed by Chief Judge Gary L. Lancaster on 8/1/12. (map)
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April 23, 2012 |
Filing
217
ORDER ameding 193 ORDER, as Phase I discovery has concluded and the Court is advised that no dispositive motions will be filed at this time; Remaining parties shall amend their previously filed stipulation regarding Alternate Dispute Resolution by filing this Court's required Stipulation Selecting Alternate Dispute Resolution, identifying their selected mechanism, neutral and the date on which this selected process will take place, by 5/4/2012; Parties shall complete their selected ADR process by 7/2/2012; Post-Phase I Discovery Status Conference set for 7/13/2012 at 1:30 PM. Signed by Chief Judge Gary L. Lancaster on 4/23/12. (map)
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March 22, 2012 |
Filing
215
ORDER granting 213 Stipulation of Dismissal of plaintiff's claims, and any cross-claims, against defendant NEW SENSOR CORPORATION, without prejudice. Signed by Chief Judge Gary L. Lancaster on 3/21/12. (map)
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March 16, 2012 |
Filing
211
ORDER granting 210 Stipulation of Dismissal of plaintiff's claims, and any cross-claims, against defendant THE TUBE STORE, without prejudice. Signed by Chief Judge Gary L. Lancaster on 3/16/12. (map)
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March 12, 2012 |
Filing
209
ORDER granting 208 Stipulation of Dismissal of plaintiff's claims, and any cross-claims, against defendant BRENT JESSEE RECORDING & SUPPLY, INC., without prejudice. Signed by Chief Judge Gary L. Lancaster on 3/12/12. (map)
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March 9, 2012 |
Filing
207
ORDER granting 203 Stipulation of Dismissal of plaintiff's claims, and any cross-claims, against defendant ANGELA INSTRUMENTS, without prejudice. Signed by Chief Judge Gary L. Lancaster on 3/9/12. (map)
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March 2, 2012 |
Filing
198
ORDER granting 195 Stipulation of Dismissal of plaintiff's claims, and any cross-claims, against defendant THE R.L. GRINELL CORPORATION without prejudice. Signed by Chief Judge Gary L. Lancaster on 3/2/12. (map)
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November 18, 2011 |
Filing
178
MEMORANDUM and ORDER granting 153 Motion to Dismiss for Failure to State a Claim, without prejudice; Plaintiff may file an amended complaint to cure the pleading defects identified in the opinion within 30 days of entry of this order on the Court's docket. Signed by Chief Judge Gary L. Lancaster on 11/17/11. (map)
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August 6, 2011 |
Filing
157
ORDER granting 144 Cross Claim Stipulation collectively filed by those defendant who have appeared in this case; Defendants stipulate and acknowledge that all Defendants are deemed to have asserted, without the need of any further filings, a cross claim for contribution and/or common law indemnification; All Defendants, without the need for any further filings, deny any and all liability for all cross claims and have asserted all available affirmative defenses to said cross claims; By entering this Cross Claim Stipulation, defendants do not waive the ability to raise any objections to the Plaintiff's claims via a motion to dismiss or any other motion; Defendants who enter this stipulation acknowledge and agree that if the Court grant s the Motion to Dismiss of defendant eBay, that it files in response to the Plaintiff's First Amended Complaint or any other amended Complaints, or otherwise converts eBay's Motion to Dismiss into a motion for summary judgment brought by eB ay on the basis of the CDA preemption, and finds that the Plaintiff's claims against eBay arepreempted by Section 230 of the CDA, the preemption also applies to the cross claims for contribution or common law indemnification that may be asserted against eBay pursuant to this Cross Claim Stipulation and that said cross claims shall also be dismissed by an Order of Court granting eBay's motion; This Cross Claim Stipulation is intended to include the Defendants who have not yet been serve d and/or appeared in this lawsuit at the time the stipulation was filed; Any Defendants or Third-Party Defendants who may be added to this lawsuit or who may enter an appearance after this Cross Claim Stipulation is filed with the Court may join this Cross Claim Stipulation; If any Defendant or Third-Party Defendant refuses or fails to join this Cross Claim Stipulation, then the Defendants who have entered this stipulation reserve the right to assert a claim for contribution or indemnification a gainst any party who refuses or fails to join this stipulation; This Cross Claim Stipulation applies only to cross claims for contribution or common law indemnification and shall not apply to any contractual indemnification claims or other cross clai ms based upon other theories of liability; Contractual indemnification claims or other cross claims must be specifically plead in a cross claim per Fed.R.Civ.P. 13(g) and a response to said cross claim must be filed; If a party already has or doesass ert in a pleading filed with the Court a cross claim for contribution and/or common law indemnification covered by this stipulation, then no response to said cross claim is necessary; Liability for all cross claims for contribution and/or common law indemnification is denied and all available affirmative defenses have been asserted thereto. Signed by Chief Judge Gary L. Lancaster on 8/5/11. (map)
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July 26, 2011 |
Filing
139
ORDER granting 138 Motion of Attorneys Brian H. Simmons, David J. Bodney and Peter S. Kozinets to Withdraw as Counsel for defendants CE DISTRIBUTION LLC and ANTIQUE ELECTRONIC SUPPLY. Signed by Chief Judge Gary L. Lancaster on 7/26/11. (map)
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July 13, 2011 |
Filing
132
ORDER granting 122 Motion to Stay Motions to Dismiss and for Leave to File an Amended Complaint; Plaintiff shall file his amended complaint on or before 7/22/2011; Defendants' responses and/or answers to plaintiff's amended complaint shall be due on or before 8/5/2011; In light of plaintiff's forthcoming amended complaint; defendants' pending motions are denied without prejudice. Signed by Chief Judge Gary L. Lancaster on 7/13/11. (map)
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July 7, 2011 |
Filing
101
ORDER granting 93 Motion to Substitute Party; Plaintiff's Complaint and all other pleadings already filed in this lawsuit are amended to reflect PM of AMERICA, as the named defendant in this lawsuit in place of SVETLANA; As agreed by plaintiff and counsel for PM of AMERICA, upon the granting of this motion, plaintiff is to effectuate service on PM of AMERICA through its counsel. Signed by Chief Judge Gary L. Lancaster on 7/6/11. (map)
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June 23, 2011 |
Filing
75
ORDER granting 70 Motion to Join Claims and/or Consolidate Docket; Civil Action No. 11-748 is consolidated with Civil Action No. 11-666, which shall be designed as the lead case; All pleadings, motions, and other documents hereafter shall be filed at Civil Action No. 11-666; Clerk of Court shall close Civil Action No. 11-748. Signed by Chief Judge Gary L. Lancaster on 6/21/11. (map)
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June 20, 2011 |
Filing
72
ORDER granting 60 Joint Motion to Substitute TECHNICOLOR USA, INC.,as defendant in place of TECHNICOLOR SA; Plaintiff's Complaint and all other pleadings or papers already filed in this lawsuit as of this date are amended to reflect Technicolo r USA, Inc., as the named defendant in this lawsuit in place of Technicolor SA; Clerk of Court directed to amend the docket for this case to reflect Technicolor USA, Inc., as the named defendant in this lawsuit in place of Technicolor SA; By agreemen t among plaintiff and defendant, Technicolor SA, and Technicolor USA, Inc., during the pendency of this lawsuit, the statute of limitations against Technicolor SA is hereby tolled and, despite this agreed upon substitution, in the event the facts warrant it, plaintiff's ability to rename Technicolor SA is hereby preserved. Signed by Chief Judge Gary L. Lancaster on 6/20/11. (map)
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