MILLER v. NATIVE LINK CONSTRUCTION, LLC. et al
| MATTHEW DAVID MILLER |
| NATIVE LINK CONSTRUCTION, LLC., NATIVE LINK, LLC., POINTGUARD FINANCIAL, PLCC, JP MORGAN CHASE & CO., MELINDA THOMPSON-WALK, MITCHEL PAUL WALK, PATRICK L. NOLAN, NATE RIGGAN and KRISTEN JANOSICK |
| 2:2015cv01605 |
| December 8, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Joy Flowers Conti |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
200
MEMORANDUM OPINION & ORDER GRANTING IN PART AND DENYING IN PART 197 Affidavit for deposition costs filed by MATTHEW DAVID MILLER, as explained therein.Thompson shall reimburse Miller for the costs in connection with the Thompson, Nolan, Riggan an d Burnett depositions by submitting payment of $ 3,536.00 to Miller on or before July 1, 2019; Walk shall reimburse Miller a total of $1,318.27 for the reasonable costs of airfare, hotel, rental car and the court reporter for the Walk depo sition by submitting payment to Miller on or before July 1, 2019; and Walk shall also reimburse Miller the full amount of the invoice for the transcript for the Walk deposition by submitting payment to Miller within fourteen days of Millers filing o f the invoice and his proof of payment. Payments shall be sent to the following address:Matthew David Miller 4387 Winchester Drive Allison Park, PA 15101IT IS FURTHER ORDERED that a failure of a defendant to pay his or her share of these costs shall be regarded as a violation of this order and further sanctions may be ordered. Signed by Judge Joy Flowers Conti on 6/20/19. (mh)
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Filing
192
OPINION AND ORDER granting 174 Motion for Sanctions; denying 185 Objections and Motion to Modify R&R; denying 186 Objections and Motion to Modify R&R; adopting special master's R&R 183 as the opinion of the court as modified and supple mented in the opinion. It is further ordered that by May 31, 2019, plaintiff shall file an affidavit of reimbursable expenses; Defendants may file objections thereto by June 7, 2019. The special master shall send an invoice for her fees and expense s to defendants by May 24, 2019; Defendants shall pay their respective shares to the special master by June 7, 2019. It is further ordered that the clerk of court shall enter default against defendant Patrick L. Nolan FORTHWITH; On July 9, 2019 at 10:00 am the court will hold a hearing on the amount of the default judgment.. Signed by Judge Joy Flowers Conti on 5/17/19. (mh)
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Filing
99
MEMORANDUM OPINION re: 83 MOTION to Dismiss Second Amended Complaint for Lack of Jurisdiction and FOR FAILURE TO STATE A CLAIM filed by POINTGUARD FINANCIAL, PLLC and NATE RIGGAN; 85 MOTION to Dismiss Second Amended Complaint for Lack of Jurisdiction filed by MELINDA THOMPSON-WALK, NATIVE LINK CONSTRUCTION, LLC, MITCHEL PAUL WALK, and NATIVE LINK, LLC; 87 MOTION to Dismiss Second Amended Complaint for Lack of Jurisdiction filed by PATRICK L. NOLAN; and 89 MOTION to Dismiss Second Amended Complaint filed by KRISTEN JANOSICK, JP MORGAN CHASE & CO., and JP MORGAN CHASE BANK, NA. As set forth more fully within, the motions of the Pointguard Defendants and the Bank Defendants to dismiss the second amended co mplaint will be denied insofar as they are premised on subject-matter grounds and granted insofar as they are premised on personal jurisdiction grounds. The motions will be denied without prejudice to the extent they are asserted under Federal Rule 12(b)(6) for failure to state a claim. Native Link LLC's motion to dismiss on personal jurisdiction grounds will be granted. The NL Construction Defendants' motions to dismiss for lack of personal jurisdiction will be denied without prejudice to be reasserted at a later time, if warranted. Signed by Chief Judge Joy Flowers Conti on 08/17/2017. (kas)
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Filing
80
MEMORANDUM OPINION re [ 48 Amended Complaint filed by Matthew David Miller, 69] MOTION to Dismiss MOTION TO DISMISS filed by KRISTEN JANOSICK, JP MORGAN CHASE & CO., JP MORGAN CHASE BANK NA, 53 MOTION to Dismiss filed by POINTGUARD FIN ANCIAL, PLCC, NATE RIGGAN, 56 MOTION to Dismiss filed by JP MORGAN CHASE BANK NA, 66 MOTION to Dismiss for Lack of Jurisdiction filed by MELINDA THOMPSON-WALK, NATIVE LINK CONSTRUCTION, LLC, MITCHEL PAUL WALK, NATIVE LINK, LLC, 71 MOTION to Dismiss filed by PATRICK L. NOLAN. As set forth more fully within, the amended complaint will be dismissed without prejudice, and the pending motions to dismiss will be denied as moot. Plaintiff will have twenty days within which to file a n amended complaint, to the extent he can do so consistent with the jurisdictional requirements of 28 U.S.C. §1332 and the mandates of Federal Rule of Civil Procedure 11. Plaintiff's failure to file an amended complaint within the foregoing timeframe will result in this case being closed without further order of court.. Signed by Chief Judge Joy Flowers Conti on 9/8/2016. (cal)
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Filing
6
MEMORANDUM OPINION re: 5 MOTION for Service by Alternative Method on Mitchel Paul Walk filed by MATTHEW DAVID MILLER. For the reasons set forth in this memorandum opinion, the court will deny plaintiff's motion for alternative service (ECF No. 5 ). An appropriate order follows. Signed by Chief Judge Joy Flowers Conti on 1/21/2016. (bgm)
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