ADAMS POINTE I, L.P. et al v. TRU-FLEX METAL HOSE CORP. et al
Plaintiff: ADAMS POINTE I, L.P, ADAMS POINTE III, L.P., COULTER & GRAHAM, LLP., JBCO, ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE I, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, JOHN EVANS, BAYBERRY NORTH ASSOCIATES L.P., ADAMS POINTE II, L.P. and ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P.
Defendant: TRU-FLEX METAL HOSE CORP
3Rd Party Defendant: WESBANCO BANK, INC., UNIQUE INDUSTRIAL PRODUCT COMPANY, ESB BANK, ELLWOOD INVESTORS, LLC, RIDGE MANAGEMENT & DEVELOPMENT CORP., ADAMS POINTE CONDOMINIUM ASSOCIATION, CLEARWATER ESTATES CONDOMINIUM ASSOC., ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP., WARD MANUFACTURING doing business as WARDFLEX, PRO-FLEX HOLDINGS, LLC (OF TEXAS), BOVARD-ANDERSON COMPANY, WEAVER MASTER BUILDERS, INC., C.J. BETTERS BUILDERS, LLC and ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P.
3Rd Party Plaintiff: TRU-FLEX, LLC, PRO-FLEX LLC and TRU-FLEX METAL HOSE CORP.
Case Number: 2:2016cv00750
Filed: June 7, 2016
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Beaver
Presiding Judge: Cathy Bissoon
Referring Judge: Cynthia Reed Eddy
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2021 Filing 375 REPORT of Mediation: Case has not been resolved. EUGENE F. SCANLON, JR terminated. Attorney Eugene F. Scanlon, Jr terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 1/14/2021. (Scanlon, Eugene)
December 3, 2020 Filing 374 TEXT ORDER STAYING CASE. Upon review of the Joint Status Report filed at ECF #373 , IT IS HEREBY ORDERED that all deadlines in this matter, with the exception of ADR, are STAYED pending the conclusion of the appeal docketed as Cause No. 20-3528, Adams Pointe I, LP, et. al. v. Tru-Flex, LLC, et. al. in the United States Third Circuit Court of Appeals. The parties agree to abide by the ADR deadline set by this Court in the Order at ECF #363 , with mediation set to occur on 1/14/2021. This case shall remain administratively closed during the pendency of the appeal to the Third Circuit. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/3/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
December 2, 2020 Filing 373 STATUS REPORT Joint by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca)
December 2, 2020 Filing 372 USCA Case Number 20-3528 for 370 Notice of Appeal filed by BAYBERRY NORTH ASSOCIATES L.P., JOHN EVANS, ADAMS POINTE MASTER ASSOCIATION, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE III, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., ADAMS POINTE I, L.P., JBCO, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE II, L.P.. USCA Case Manager Caitlyn (CJG) (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cjg3) Modified on 12/2/2020 (cel).
November 30, 2020 Record complete for Appeal purposes. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified copy of the docket entries. (cel)
November 30, 2020 Filing 371 TRANSCRIPT REQUEST re 370 Notice of Appeal by ADAMS POINTE I, L.P. transcript is already on file in the D.C. Clerks office (Bell-Stanton, Rebecca) Modified on 12/2/2020 (cel).
November 24, 2020 Filing 369 NOTIFICATION TO THIRD CIRCUIT COURT OF APPEALS re payment of appeal filing fee re: #367 Order on Petition for Leave to Appeal (cel)
November 23, 2020 Filing 368 TEXT ORDER: In light of the Court of Appeals for the Third Circuit granting the parties' Petition for Leave to Appeal, it is HEREBY ORDERED that the parties shall file a status report by 12/2/2020 indicating whether they seek a stay of the case management order pending the appeal. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
November 18, 2020 Filing 370 NOTICE OF APPEAL in re: Petition for Leave to Appeal granted by #367 Order on Petition for Leave to Appeal by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Filing fee $505. Certificate of Appealability Granted. Court Reporter(s): Karen Earley. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. This is a text only entry. No PDF document will issue. (cel)
November 18, 2020 Opinion or Order Filing 367 ORDER OF USCA granting Petition for Leave to Appeal. (cjg3)
November 13, 2020 Opinion or Order Filing 366 ORDER REFERRING CASE to Mediation. Hon. Eugene Scanlon is appointed as mediator. Party EUGENE F. SCANLON, JR added. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/13/2020. (cmc)
November 13, 2020 Filing 365 STIPULATION selecting ADR process by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca)
October 28, 2020 Filing 364 TEXT ORDER re #363 Stipulation Selecting ADR process filed by ADAMS POINTE I, L.P. The parties shall file a supplemental ADR Stipulation on or before 11/13/2020, naming a mediator. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
October 27, 2020 Filing 363 STIPULATION selecting ADR process by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca)
October 13, 2020 Filing 362 CASE MANAGEMENT ORDER: As more fully set forth in the attached, ADR Stipulation due by 10/27/2020. Completion of ADR by 1/15/2021. Updated Confidential Position letters due by 1/18/2021. Mid-Discovery Status Conference set for 1/21/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Fact Discovery due by 4/20/2021. Updated Confidential Position Letters due by 4/22/2021. Post-Discovery Status Conference set for 4/27/2020 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Plaintiff Expert Reports due by 4/1/2021. Depositions of Plaintiff experts by 4/20/2021. Defendant Expert Reports due by 5/3/2021. Deposition of Defendant experts by 5/20/2021. Third-Party Defendant Expert Reports due by 6/1/2021. Deposition of Third-Party experts by 6/21/2021. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/13/2020. (ajt)
October 9, 2020 Filing 361 TEXT ORDER granting #360 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the appearances of Timothy R. Smith, Julie A. Brennan, Stephen E. Geduldig, and Pion, Nerone, Girman, Winslow & Smith, P.C. are hereby withdrawn as counsel for Third-Party Defendant Unique Industrial Product Company, L.P. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
October 9, 2020 Filing 360 MOTION to Withdraw as Attorney by UNIQUE INDUSTRIAL PRODUCT COMPANY. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Brennan, Julie)
October 8, 2020 Filing 359 STATUS REPORT (Joint) by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca)
October 8, 2020 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #358 Status Report. ERROR: signature is missing. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (cel)
October 6, 2020 Filing 358 ERROR: SIGNATURE IS MISSING; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; JOINT STATUS REPORT (Joint) by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca) Modified on 10/8/2020 (cel).
October 6, 2020 Filing 357 Proposed Case Management Order (Joint Proposed) by ADAMS POINTE I, L.P.. (Bell-Stanton, Rebecca)
September 29, 2020 Filing 356 NOTICE of Substitution of Attorney Appearance by Gina Zumpella on behalf of PRO-FLEX LLC. Attorney Pamela V. Collis terminated. (Zumpella, Gina)
September 25, 2020 Filing 355 NOTICE of Appearance by Bradley D. Remick on behalf of UNIQUE INDUSTRIAL PRODUCT COMPANY. (Remick, Bradley)
September 18, 2020 Filing 354 TEXT ORDER: The Video Status Conference set for 10/6/2020 at 01:30 PM is CANCELLED. The parties shall file a Joint Status Report by 10/6/2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/18/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
August 31, 2020 Opinion or Order Filing 353 ORDER : In light of the Order entered reopening this matter (ECF 352), a Status Conference is set for 10/6/2020 at 01:30 PM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. The parties shall submit a joint proposed Case Management Order on or before 9/29/2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/31/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
August 24, 2020 Opinion or Order Filing 352 ORDER REOPENING CASE, consistent with the Order dated 7/9/19 (see Dkt. Entry 330). Signed by Judge Cathy Bissoon on 8/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
August 24, 2020 Opinion or Order Filing 351 MEMORANDUM ORDER. Plaintiffs' amended Motion (Doc. #315 ) for class certification is DENIED, and the R&R (Doc. #346 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 8/24/20. (dcd)
August 14, 2020 Filing 350 RESPONSE to #347 Objections to Report and Recommendation, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
August 14, 2020 Filing 349 RESPONSE to Pltffs' Objections to Class Cert R&R filed by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
July 31, 2020 Filing 348 OBJECTIONS to #346 Report and Recommendation to Deny Certification filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, BOVARD-ANDERSON COMPANY, C.J. BETTERS BUILDERS, LLC, CLEARWATER ESTATES CONDOMINIUM ASSOC., COULTER & GRAHAM, LLP., ELLWOOD INVESTORS, LLC, JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
July 31, 2020 Filing 347 OBJECTIONS to #346 Report and Recommendation Defendants Joint Objections to the Courts Report and Recommendation filed by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
July 17, 2020 Filing 346 REPORT AND RECOMMENDATION recommending #315 Amended MOTION to Certify Class filed by BAYBERRY NORTH ASSOCIATES L.P., JOHN EVANS, ADAMS POINTE MASTER ASSOCIATION, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE III, L.P., COULTER & GRAHAM, LLP., ADAMS POINTE I, L.P., JBCO, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE II, L.P. be denied. Objections to R&R due by 7/31/2020. Responses to objections due by 8/14/2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/12/2020. (ajt)
November 8, 2019 Filing 345 RESPONSE to Pro-Flex Supplemental Briefing to #342 Response, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
November 8, 2019 Filing 344 RESPONSE to Tru-Flex Supplemental Briefing to #343 Response, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
October 25, 2019 Filing 343 RESPONSE to Plaintiffs' Altered Class Definition filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
October 25, 2019 Filing 342 RESPONSE to Plaintiffs' Shifting Class Definition filed by PRO-FLEX LLC. (Frankel, Adam)
October 11, 2019 Filing 341 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Class Certification held on September 30, 2019 before Judge Cynthia Reed Eddy. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 10/18/2019. Redaction Request due 11/1/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/9/2020. (kme) Modified text on 10/21/2019. (cel)
September 30, 2019 Filing 340 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Evidentiary Hearing and Oral Argument on motion for class certification held on 9/30/2019. (Court Reporter: Karen Earley) (sms)
September 17, 2019 Opinion or Order Filing 339 ORDER granting #336 Motion for Adam L. Frankel to Appear Pro Hac Vice, #338 Errata. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/17/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 17, 2019 Filing 338 Errata re #336 Motion to Appear Pro Hac Vice, Adam L. Frankel by PRO-FLEX LLC. Reason for Correction: Refiled by Attorney Seeking Admission Pro Hac Vice. (Attachments: #1 Affidavit, #2 Proposed Order) (Frankel, Adam)
September 17, 2019 Opinion or Order Filing 337 ORDER striking #336 Motion for Adam L. Frankel to Appear Pro Hac Vice to be refiled by the attorney seeking admission pro hac vice in accordance with LCvR 83.2.B. Attorney Adam L. Frankel shall file his motion with affidavit and certificate of good standing using the Errata event in ECF in order to avoid repaying the filing fee. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/17/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 16, 2019 Filing 336 MOTION for attorney Adam L. Frankel to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5285574) by PRO-FLEX LLC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Verification, #2 Certificate of Good Standing, #3 Proposed Order) (Collis, Pamela)
August 13, 2019 Filing 335 Witness List by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit Bowman Deposition, #2 Exhibit Thomas Deposition, #3 Exhibit Notestine Deposition, #4 Exhibit Ismert Deposition, #5 Exhibit Ward Deposition, #6 Exhibit Moidel Deposition, #7 Exhibit Palmer Deposition, #8 Exhibit Moidel Deposition, #9 Exhibit Coulter Deposition) (Bell-Stanton, Rebecca)
July 22, 2019 Filing 334 BRIEF in Support re #315 Motion to Certify Class, AMICUS CURIAE BRIEF filed by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP.. (Medure, Jason)
July 22, 2019 Filing 333 BRIEF in Opposition re #315 Motion to Certify Class, AMICUS BRIEF IN OPPOSITION filed by UNIQUE INDUSTRIAL PRODUCT COMPANY. (Brennan, Julie)
July 15, 2019 Filing 332 Sur-Reply Brief re #328 Reply Brief,, filed by PRO-FLEX LLC. (Attachments: #1 Certificate of Service) (Offenbach, Daniel)
July 15, 2019 Filing 331 Sur-Reply re #328 Reply Brief,, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
July 9, 2019 Opinion or Order Filing 330 ORDER: IT IS ORDERED that the Hearing on Class Certification scheduled for August 27, 2019 at 9:00am is hereby rescheduled for September 30, 2019 at 9:30am in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. All other deadlines set in the #314 Case Management Order remain in effect. IT IS FURTHER ORDERED that the Clerk of Court shall mark this case administratively CLOSED pending the Court's Report and Recommendation on the #315 Motion for Class Certification. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/9/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
July 8, 2019 Filing 329 REPLY BRIEF re #325 Brief in Opposition to Motion PLAINTIFFS' REPLY TO PRO-FLEX, LLC'S OPPOSITION TO CLASS CERTIFICATION filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
July 8, 2019 Filing 328 REPLY BRIEF re #324 Response in Opposition, PLAINTIFFS' REPLY TO TRU-FLEX METAL HOSE CORP. AND TRU-FLEX, LLC'S OPPOSITION TO CLASS CERTIFICATION filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
June 26, 2019 Filing 327 TEXT ORDER granting #326 Motion to Withdraw as Attorney. Attorney Adam J. Tragone terminated. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 6/26/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
June 25, 2019 Filing 326 MOTION to Withdraw as Attorney by BOVARD-ANDERSON COMPANY. Motion(s) referred to Cynthia Reed Eddy. (Tragone, Adam)
June 20, 2019 Filing 325 BRIEF in Opposition re #315 Motion to Certify Class, #316 Motion to Certify Class, filed by PRO-FLEX LLC. (Attachments: #1 Exhibit EX A - Deposition of Brian Bowman, #2 Certificate of Service) (Offenbach, Daniel)
June 20, 2019 Filing 324 RESPONSE IN OPPOSITION to #315 Motion to Certify Class,, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Bentz, Daniel)
May 21, 2019 Filing 323 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 7 -filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 21, 2019 Filing 322 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 6 - filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 321 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 5 - filed by ADAMS POINTE I, L.P.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 320 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 4 - filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 319 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 3 - filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 318 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 2 - filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 317 EXHIBITS in Support re #316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class - Volume 1 - filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 316 MEMORANDUM IN SUPPORT of #315 Amended MOTION to Certify Class by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. Responses due by 6/20/2019 (Bell-Stanton, Rebecca) Modified text on 5/21/2019. (cel)
May 20, 2019 Filing 315 Amended MOTION to Certify Class by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. Responses due by 6/20/2019 (Bell-Stanton, Rebecca)
April 12, 2019 Opinion or Order Filing 314 CASE MANAGEMENT ORDER: As more fully set forth in the attached order: Motion for class certification due by 5/20/2019. Response to Motion due by 6/20/2019. Reply brief due by 7/8/2019. Sur-reply due by 7/15/2019. Amicus brief due by 7/22/2019. Witness and Exhibit List due by 8/13/2019. Class Certification Hearing set for 8/27/2019 at 09:00 AM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 4/12/2019. (ajt)
April 10, 2019 Filing 313 Proposed Case Management Order by PRO-FLEX LLC. (Gamache, Thomas) Modified text on 4/11/2019. (cel)
March 27, 2019 Opinion or Order Filing 312 ORDER: On or before 4/10/2019, the parties shall file a Joint Proposed Case Management Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/27/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
March 20, 2019 Filing 311 NOTICE of Appearance by Julie A. Brennan on behalf of UNIQUE INDUSTRIAL PRODUCT COMPANY. (Brennan, Julie)
March 20, 2019 Filing 310 NOTICE of Appearance by Timothy R. Smith on behalf of UNIQUE INDUSTRIAL PRODUCT COMPANY. (Smith, Timothy)
March 20, 2019 Filing 309 NOTICE of Appearance by Stephen E. Geduldig on behalf of UNIQUE INDUSTRIAL PRODUCT COMPANY. (Geduldig, Stephen)
March 12, 2019 Opinion or Order Filing 308 MEMORANDUM ORDER. Third-Party Defendant Ward's Motion to Dismiss (Doc. #284 ) is GRANTED; the Third-Party claims for contribution against Ward are DISMISSED WITH PREJUDICE; and the R&R (Doc. #303 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/12/19. (dcd)
March 12, 2019 Filing 307 Errata re #305 Objections to Report and Recommendation by PRO-FLEX LLC. Reason for Correction: 305. (Offenbach, Daniel)
March 12, 2019 Filing 306 Errata re #304 Objections to Report and Recommendation by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. Reason for Correction: 304. (Bentz, Daniel)
March 12, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #304 Objections to Report and Recommendation, #305 Objections. ERROR: Signature on documents and filers do not match. CORRECTION: Attorneys are advised of signature requirements. Attorneys to resubmit the document using the Errata event. This message is for informational purposes only. (cel)
March 11, 2019 Filing 305 ERROR: SIGNATURE AND FILER DO NOT MATCH; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; OBJECTIONS to #303 Report and Recommendation by PRO-FLEX LLC. (Gamache, Thomas) Modified text on 3/12/2019. (cel)
March 11, 2019 Filing 304 ERROR: SIGNATURE AND FILER DO NOT MATCH; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; OBJECTIONS to #303 Report and Recommendation filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Pie, Thomas) Modified text on 3/12/2019. (cel)
February 25, 2019 Filing 303 REPORT AND RECOMMENDATION recommending re #284 MOTION to Dismiss Plaintiffs' First Amended Complaint and Tru-Flex, LLC, Tru-Flex Metal Hose Corp., and Pro-Flex, LLC's First Amended Third-Party Complaints for Contribution filed by WARD MANUFACTURING be granted and Third-Party Plaintiffs' claim for contribution be dismissed with prejudice. Objections to R&R due by 3/11/2019. Responses to objections due 3/25/2019. Signed by Magistrate Judge Cynthia Reed Eddy on 2/25/2019. (ajt)
February 5, 2019 Filing 302 ANSWER to Amended Third Party Complaint (Dkt. No. 281) by PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Ventre, Ginevra)
February 5, 2019 Filing 301 ANSWER to Amended Third Party Complaint by PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Ventre, Ginevra)
February 4, 2019 Filing 300 BRIEF in Support re #284 Motion to Dismiss, Plaintiffs' First Amended Complaint filed by WARD MANUFACTURING. (Sullivan, Thomas)
January 28, 2019 Filing 299 Minute Entry for Telephonic Status Conference held before Chief Magistrate Judge Cynthia Reed Eddy on 1/28/2019. (Court Reporter: none) (sms)
January 25, 2019 Filing 298 Proposed Case Management Order (Joint Proposed Case Management Order) by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
January 22, 2019 Opinion or Order Filing 297 ORDER: In preparation for the upcoming status conference, the parties shall file a joint proposed case management order by 1/25/2019. Should the parties not agree on a proposed scheduling deadline, they shall so indicate. Signed by Magistrate Judge Cynthia Reed Eddy on 1/22/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
January 11, 2019 Opinion or Order Filing 296 ORDER: Upon request of the parties, a Telephonic Status Conference is set for 1/28/2019 at 02:00 PM EST before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 1/11/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 24, 2018 Opinion or Order Filing 295 ORDER granting #294 Motion to Withdraw as Attorney. Attorney James J. Buldas terminated. Signed by Magistrate Judge Cynthia Reed Eddy on 9/24/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 21, 2018 Filing 294 MOTION to Withdraw as Attorney by BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOC.. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order WITHDRAWAL OF JAMES BULDAS) (Buldas, James)
September 20, 2018 Filing 293 REPLY to Response to Motion re #284 Motion to Dismiss, Tru-Flex, LLC, Tru Flex Metal Hose Corp., and Pro-Flex, LLC's Third-Party Complaints for Contribution and/or Indemnity and Plaintiffs' Original Class Action Complaint filed by WARD MANUFACTURING. (Sullivan, Thomas)
September 6, 2018 Filing 292 BRIEF in Opposition re #284 Motion to Dismiss, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
September 6, 2018 Filing 291 BRIEF in Opposition re #284 Motion to Dismiss, filed by PRO-FLEX LLC. (Attachments: #1 Certificate of Service) (Offenbach, Daniel)
September 6, 2018 Filing 290 RESPONSE to Motion re #284 MOTION to Dismiss Plaintiffs' First Amended Complaint and Tru-Flex, LLC, Tru-Flex Metal Hose Corp., and Pro-Flex, LLC's First Amended Third-Party Complaints for Contribution filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
August 16, 2018 Filing 289 ANSWER to #281 TRU-FLEX METAL HOSE CORP. Amended Third Party Complaint by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason) Modified on 8/17/2018. (cel)
August 16, 2018 Filing 288 ANSWER to #282 TRU-FLEX'S Amended Third Party Complaint by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP.. (Medure, Jason) Modified on 8/17/2018. (cel)
August 16, 2018 Filing 287 ANSWER to #283 PRO FLEX'S Amended Third Party Complaint by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason) Modified on 8/17/2018. (cel)
August 13, 2018 Opinion or Order Filing 286 ORDER Response/Briefing Schedule re #284 MOTION to Dismiss Plaintiffs' #186 First Amended Complaint and Tru-Flex, LLC, Tru-Flex Metal Hose Corp., and Pro-Flex, LLC's #281 , #282 , and #283 Amended Third-Party Complaints for Contribution by WARD MANUFACTURING. Responses to the motion to dismiss due by 9/6/2018. Replies to the responses due by 9/20/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 8/13/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
August 7, 2018 Filing 285 BRIEF in Support re #284 Motion to Dismiss, filed by WARD MANUFACTURING. (Attachments: #1 Exhibit A, #2 Certificate of Service) (Sullivan, Thomas)
August 7, 2018 Filing 284 MOTION to Dismiss Plaintiffs' #186 First Amended Complaint and Tru-Flex, LLC, Tru-Flex Metal Hose Corp., and Pro-Flex, LLC's #281 , #282 , and #283 Amended Third-Party Complaints for Contribution by WARD MANUFACTURING. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Sullivan, Thomas) Modified on 8/8/2018. (cel)
July 17, 2018 Filing 283 First AMENDED THIRD PARTY COMPLAINT, filed by PRO-FLEX LLC. (Offenbach, Daniel)
July 17, 2018 Filing 282 AMENDED THIRD PARTY COMPLAINT, filed by TRU-FLEX, LLC. (Bentz, Daniel)
July 17, 2018 Filing 281 AMENDED THIRD PARTY COMPLAINT, filed by TRU-FLEX METAL HOSE CORP. (Bentz, Daniel)
June 29, 2018 Opinion or Order Filing 280 ORDER denying #279 Motion to Compel Discovery Responses. After consideration of the Joint Motion to Compel Discovery Responses from Ward Manufacturing Inc., the motion is DENIED. The discovery requests are propounded as if Ward Manufacturing is a party to this litigation via Federal Rules of Civil Procedure 33 and 34, which it is not. See Fed. R. Civ. P. 33 (captioned "Interrogatories to Parties") (emphasis added); Fed. R. Civ. P. 34 (explaining a party "may serve on another party" requests for production of documents) (emphasis added). Should Tru-Flex Metal Hose Corp., Tru-Flex, LLC and Pro-Flex LLC seek to pursue this discovery from Ward Manufacturing, the appropriate mechanism is to request it pursuant to Federal Rule of Civil Procedure 45. Signed by Magistrate Judge Cynthia Reed Eddy on 6/29/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
June 28, 2018 Filing 279 Joint MOTION to Compel Written Discovery Responses of Ward Manufacturing by PRO-FLEX LLC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Offenbach, Daniel)
June 22, 2018 Filing 278 NOTICE of Appearance by Joseph H. Blum on behalf of WARD MANUFACTURING. (Blum, Joseph)
June 15, 2018 Filing 277 NOTICE of Substitution of Attorney Appearance by Ginevra Ventre on behalf of PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. Attorney Bonnie Mangold terminated. (Ventre, Ginevra)
May 30, 2018 Filing 276 ANSWER to #92 Third Party Complaint, by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason)
May 30, 2018 Filing 275 ANSWER to #90 Third Party Complaint, by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason) Modified on 5/31/2018. (jv)
May 30, 2018 Filing 274 ANSWER to #91 Third Party Complaint, by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason)
May 15, 2018 Filing 273 Minute Entry for Telephone Conference held before Magistrate Judge Cynthia Reed Eddy on 5/15/2018. (Court Reporter: none) (sms)
May 9, 2018 Filing 272 Minute Entry for Telephonic Status Conference held before Magistrate Judge Cynthia Reed Eddy on 5/9/2018. (Court Reporter: none) (sms)
May 3, 2018 Opinion or Order Filing 271 ORDER: A Telephonic Status Conference regarding pending motions and scheduling matters is set for 5/9/2018 at 10:30 AM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 5/3/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
May 2, 2018 Filing 270 Joint RESPONSE to Motion re #265 MOTION to Set Cause for Alternative Dispute Resolution filed by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Offenbach, Daniel) Modified on 5/3/2018 to add additional docket text. (ksa)
April 26, 2018 Filing 269 ANSWER to #186 Amended Complaint, Affirmative Defenses by PRO-FLEX LLC. (Offenbach, Daniel)
April 26, 2018 Filing 268 ANSWER to #186 Amended Complaint, Affirmative Defenses, CROSSCLAIM against PRO-FLEX LLC by TRU-FLEX METAL HOSE CORP.. (Bentz, Daniel)
April 26, 2018 Filing 267 ANSWER to #186 Amended Complaint, Affirmative Defenses, CROSSCLAIM against PRO-FLEX LLC by TRU-FLEX, LLC. (Bentz, Daniel)
April 25, 2018 Opinion or Order Filing 266 ORDER Response/Briefing Schedule re #265 MOTION to Set Cause for Alternative Dispute Resolution. Defendants shall response to the motion by 5/2/2018. To the extent Defendants' responses are identical, they may join together in issuing their response. No response shall be more than 7 pages long. Signed by Magistrate Judge Cynthia Reed Eddy on 4/25/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
April 24, 2018 Filing 265 MOTION to Set Cause for Alternative Dispute Resolution by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
April 5, 2018 Opinion or Order Filing 264 MEMORANDUM ORDER. The Flex Defendants' Motions (Docs. #207 & #208 ) to Dismiss the claims of Plaintiffs Bayberry North and Betters Real Estate are DENIED, and the Magistrate Judge's Report and Recommendation (Doc. #263 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 4/5/18. (dcd)
March 21, 2018 Filing 263 REPORT AND RECOMMENDATION re #208 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction re the Claims of Plaintiffs, Bayberry filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC, and #207 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction re the Claims of Plaintiffs, Bayberry filed by PRO-FLEX LLC recommending that both motions be denied. Objections to R&R due by 4/4/2018. Responses to objections due by 4/18/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 3/21/2018. (ajt)
March 15, 2018 Opinion or Order Filing 262 MEMORANDUM ORDER. Third-Party Defendant Ward's Motion to Dismiss (Doc. #168 ) is GRANTED WITH PREJUDICE regarding the claim(s) for indemnification, and GRANTED WITHOUT PREJUDICE as to the claim(s) for contribution; Ward's request for dismissal of the Original Complaint is denied without prejudice; and the Magistrate Judge's Report and Recommendation (Doc. #260 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/15/18. (dcd)
March 15, 2018 Opinion or Order Filing 261 MEMORANDUM ORDER. The Adams Pointe Defendants' Motions to Dismiss (Docs. #138 & #140 ) are GRANTED with respect to the Third-Party Plaintiffs' claims for indemnification, and otherwise DENIED. The Magistrate Judge's Report and Recommendation (Doc. #259 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/15/18. (dcd)
February 28, 2018 Opinion or Order Filing 260 REPORT AND RECOMMENDATION re #168 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WARD MANUFACTURING recommending that Wards motion to dismiss be granted in part and dismissed without prejudice in part. Specifically, it is respectfully recommended that Pro-Flex and Tru-Flex's claim against Ward for indemnification be dismissed with prejudice and Pro-Flex and Tru-Flex's claim for contribution against Ward be dismissed without prejudice. It is further respectfully recommended that Ward's motion to dismiss the Named Plaintiff's Original Complaint be dismissed without prejudice as moot. Unless otherwise ordered by the District Judge, objections to R&R due by 3/14/2018; responses to objections due 3/28/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/28/2018. (ajt)
February 26, 2018 Opinion or Order Filing 259 REPORT AND RECOMMENDATION re #140 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike filed by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP., #138 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike filed by ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP., ADAMS POINTE CONDOMINIUM ASSOCIATION recommending that Adams Pointe Management's motion to dismiss the Third Party Complaint #138 be GRANTED in part and DENIED in part; and Adams Pointe Contractor's motion to dismiss the Third Party Complaint #140 be GRANTED in part and DENIED in part. It is specifically respectfully recommended that the motions be granted with respect to Pro-Flex and Tru-Flex's claim for indemnification and that claim be dismissed with prejudice and that the motions be denied in all other respects. Unless otherwise Ordered by the District Judge, Objections to R&R due by 3/12/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/26/2018. (ajt) (Main Document 259 replaced on 2/27/2018) (sms).
February 9, 2018 Opinion or Order Filing 258 ORDER: In light of the parties pending motions to dismiss at #138 , #140 , #168 , #207 , and #208 , it is HEREBY ORDERED that the motion for class certification #233 and attendant deadlines are held in abeyance pending the disposition of the pending motions to dismiss at #138 , #140 , #168 , #207 , and #208 and the class certification hearing scheduled for March 8, 2018 is hereby cancelled until further notice from the court. Signed by Magistrate Judge Cynthia Reed Eddy on 2/9/2018. (ajt)
February 5, 2018 Opinion or Order Filing 257 ORDER: As more fully set forth in the attached order, Class Certification Hearing set for 3/8/2018 at 09:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. Exhibit List and Witness List due by 2/15/2018. Proposed Findings of Fact and Conclusions of Law due by 3/23/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/5/2018. (ajt)
February 1, 2018 Filing 256 MOTION to File Sur-Reply in Opposition to Motion for Class Certification by PRO-FLEX LLC. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order) (Gamache, Thomas) Modified on 2/2/2018. (jsp)
February 1, 2018 Filing 255 MOTION for Leave to File A Sur-Reply by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Bentz, Daniel)
January 31, 2018 Filing 254 SUPPLEMENT (Supplemental Record Vol.8) re #253 Reply to Response filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix) (Bell-Stanton, Rebecca) Modified on 2/1/2018. (jsp)
January 30, 2018 Filing 253 REPLY BRIEF in support re #233 Motion to Certify Class filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca) Modified on 1/31/2018. (jsp)
January 23, 2018 Opinion or Order Filing 252 ORDER granting #251 Unopposed MOTION for Leave to File Brief in Excess of Page Limit for Plaintiffs' Reply in Support of Their Motion for Class Certification by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Signed by Magistrate Judge Cynthia Reed Eddy on 1/23/2018. (sms)
January 22, 2018 Filing 251 Unopposed MOTION for Leave to File Brief in Excess of Page Limit for Plaintiffs' Reply in Support of Their Motion for Class Certification by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
January 15, 2018 Filing 250 RESPONSE IN OPPOSITION to #235 Brief in Support of Motion, #233 Motion to Certify Class, filed by PRO-FLEX LLC. (Offenbach, Daniel)
January 15, 2018 Filing 249 BRIEF ("Response") in Opposition re #233 Motion to Certify Class, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Exhibit A (1-4), #2 Exhibit A (5-9), #3 Exhibit A (10-12), #4 Exhibit A (13-14), #5 Exhibit B, #6 Exhibit C (1-4), #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Proposed Order) (Bentz, Daniel) Modified on 1/17/2018. (jsp)
January 10, 2018 Filing 248 NOTICE of Submission of Original Documents Pursuant to Court Order (DOC. #246 ) by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO re #242 Exhibits in Support, #233 Motion to Certify Class. (Attachment: #1 Exhibit) (Bell-Stanton, Rebecca) Modified on 1/12/2018. (jsp)
January 5, 2018 Filing 247 AMENDED VOLUME 7 by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Amendment to #242 Exhibits in Support,, #233 MOTION to Certify Class . (Attachments: #1 Exhibit 7:1, #2 Exhibit 7:2, #3 Exhibit 7:3, #4 Exhibit 7:4, #5 Exhibit 7:5, #6 Exhibit 7:7, #7 Exhibit 7:8, #8 Exhibit 7:9) (Bell-Stanton, Rebecca) Modified on 1/9/2018. (jsp)
January 2, 2018 Opinion or Order Filing 246 ORDER GRANTING re #245 Joint Motion to Submit Redacted Documents, filed by ADAMS POINTE II, L.P., ADAMS POINTE I, L.P. Signed by Magistrate Judge Cynthia Reed Eddy on 1/2/2018. (ajt) Modified on 1/5/2018. (jsp)
December 29, 2017 Filing 245 Joint MOTION to Submit Redacted Documents by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P.. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order on Joint Motion to Submit Redacted Documents) (Bell-Stanton, Rebecca) Modified on 1/2/2018. (jsp)
December 19, 2017 Filing 244 Proposed Order re #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
December 19, 2017 Filing 243 Proposed Order re #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca) Error: Wrong document submitted. Document removed from public view. Correct proposed order by counsel at Document #244 . Modified on 12/19/2017. (jsp)
December 19, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #233 Motion to Certify Class. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jsp)
December 15, 2017 Filing 242 EXHIBITS Volume 7 in Support of #237 Exhibits in Support, #238 Exhibits in Support, #234 Appendix, #241 Exhibits in Support, #239 Exhibits in Support, #236 Exhibits in Support, #240 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
December 15, 2017 Filing 241 EXHIBITS Volume 6 in Support of #237 Exhibits in Support, #238 Exhibits in Support, #234 Appendix, #239 Exhibits in Support, #236 Exhibits in Support, #240 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 240 EXHIBITS Volume 5 in Support of #237 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, #238 Exhibits in Support, #234 Appendix, #239 Exhibits in Support, #236 Exhibits in Support, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 239 EXHIBITS Volume 4 in Support of #237 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, #238 Exhibits in Support, #234 Appendix, #236 Exhibits in Support, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 238 EXHIBITS Volume 3 in Support of #237 Exhibits in Support, #234 Appendix, #236 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 237 EXHIBITS Volume 2 in Support of #234 Appendix, #236 Exhibits in Support, #235 Brief in Support of Motion, #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 236 EXHIBITS Volume 1 in Support of #234 Appendix, #235 Brief in Support of Motion, #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bell-Stanton, Rebecca)
December 15, 2017 Filing 235 BRIEF in Support re #233 Motion to Certify Class, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
December 15, 2017 Filing 234 Appendix to #233 Motion to Certify Class, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
December 15, 2017 Filing 233 MOTION to Certify Class by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. Responses due by 1/15/2018 (Bell-Stanton, Rebecca)
December 14, 2017 Filing 232 Unopposed MOTION for Leave to File Documents Under Seal by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
December 13, 2017 Opinion or Order Filing 231 ORDER granting #230 Motion for Leave to File Excess Pages. Plaintiffs are allowed an additional ten (10) pages for the Memorandum in Support of Motion for Class Certification, not to exceed a total of thirty (30) pages. IT IS FURTHER ORDERED that Defendants will be permitted an additional ten (10) pages for their response memorandum. Signed by Magistrate Judge Cynthia Reed Eddy on 12/13/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
December 12, 2017 Filing 230 Unopposed MOTION for Leave to File Brief in Excess of Page Limit for Plaintiffs' Memorandum in Support of Motion for Class Certification by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 12/13/2017. (jsp)
December 7, 2017 Filing 229 STIPULATION Regarding the Withdrawal of Certain Confidentiality Designations by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca) Modified on 12/11/2017. (jsp)
December 5, 2017 Opinion or Order Filing 228 MEMORANDUM ORDER. Defendants' Objections (Doc. #223 ) are OVERRULED, and Magistrate Judge Eddy's ruling dated 11/8/17 (Doc. 219) is AFFIRMED. Signed by Judge Cathy Bissoon on 12/5/17. (dcd)
December 4, 2017 Filing 227 RESPONSE to #223 Objections, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachment: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 12/6/2017. (jsp)
November 29, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #225 Reply to Response to Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as Reply Brief in support of #207 Motion to Dismiss. This message is for informational purposes only. (jsp)
November 27, 2017 Filing 226 REPLY BRIEF ("Reply Memorandum") in support re #207 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, filed by PRO-FLEX LLC. (jsp) (Document previously filed electronically)
November 27, 2017 Filing 225 REPLY to Response to Motion re #221 Brief in Opposition to Motion, filed by PRO-FLEX LLC. (Offenbach, Daniel) Error: Wrong event selected. Document removed from public view and re-filed. Modified on 11/29/2017. (jsp)
November 27, 2017 Filing 224 REPLY to Response to Motion re #221 Brief in Opposition to Motion, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
November 27, 2017 Judge Cathy Bissoon is presiding and Magistrate Judge Cynthia Reed Eddy is referred. (mao)
November 27, 2017 Magistrate Judge Cynthia Reed Eddy is no longer presiding. (mao)
November 24, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #223 Objections. ERROR: Document was not linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ept)
November 22, 2017 Filing 223 OBJECTIONS to 219 Order Denying Tru-Flex LLC's & Tru-Flex Metal Hose Corp.'s Motion for Leave to file Motion for Summary Judgment by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 11/24/2017 to add document linkage. (ept)
November 20, 2017 Filing 222 Proposed Order re #208 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #207 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, by BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P. (Bell-Stanton, Rebecca)
November 20, 2017 Filing 221 BRIEF in Support re #220 Response in Opposition to #208 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #207 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, filed by BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P. (Bell-Stanton, Rebecca) Modified text and docket entry relationship on 11/21/2017. (jsp)
November 20, 2017 Filing 220 RESPONSE IN OPPOSITION to #208 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #207 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #209 Brief in Support of Motion, filed by ADAMS POINTE III, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P. (Bell-Stanton, Rebecca)
November 8, 2017 Opinion or Order Filing 219 ORDER denying #216 Motion for Leave to File Motion for Summary Judgment. Upon consideration of Defendant's motion and Plaintiff's response, it is hereby ordered that Defendant's motion is denied. Motions for summary judgment will be scheduled in due course. Signed by Magistrate Judge Cynthia Reed Eddy on 11/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
November 7, 2017 Filing 218 RESPONSE to Motion re #216 JOINT MOTION for Leave to File Motion for Summary Judgment filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
November 6, 2017 Opinion or Order Filing 217 ORDER. Response/Briefing Schedule re #216 Motion for Leave to File Plaintiff's Response due by 11/13/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 11/6/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
November 3, 2017 Filing 216 JOINT MOTION for Leave to File Motion for Summary Judgment by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachment: #1 Proposed Order) (Bentz, Daniel) Modified on 11/6/2017. (jsp)
October 27, 2017 Opinion or Order Filing 215 ORDER Response/Briefing Schedule re #208 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #207 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction. Brief in Opposition due by 11/20/2017. Reply brief due by 11/27/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 10/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
October 27, 2017 Opinion or Order Filing 214 MEMORANDUM ORDER denying re #205 MOTION to Strike Certain Allegations of Plaintiffs' First #186 Amended Complaint filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC and #211 MOTION to Strike Improper Allegations from #186 Amended Complaint filed by PRO-FLEX LLC. Signed by Magistrate Judge Cynthia Reed Eddy on 10/27/2017. (ajt)
October 26, 2017 Opinion or Order Filing 213 ORDER APPROVING re #204 Notice of Voluntary Dismissal filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC as more fully set forth in the attached order. Signed by Magistrate Judge Cynthia Reed Eddy on 10/26/2017. (ajt) (Main Document #213 replaced on 10/26/2017 to include Ellwood Investors, LLC as a terminated party) (ajt)
October 26, 2017 Opinion or Order Filing 212 ORDER APPROVING re #210 Notice of Voluntary Dismissal filed by PRO-FLEX LLC and dismissing as moot 1. Motion to Dismiss and Strike #136 filed by C.J. BETTERS BUILDERS, LLC; 2. Motion to Dismiss and Strike #172 filed by WEAVER MASTER BUILDERS, INC.; 3. Motion to Dismiss and Strike #175 filed by WESBANCO BANK, INC. f/k/a ESB BANK; 4. Omnibus Motion to Dismiss #187 filed by Bovard-Anderson Company and Clearwater Estates Condominium Association as more fully set forth in the attached order. Tru-Flex and Tru-Flex Metal Hose Corp shall indicate whether they intend to file a stipulation of dismissal as to Counts IV and V set forth in the third party complaints against WESBANCO BANK, INC. f/k/a ESB BANK, ELLWOOD INVESTORS, LLC, WEAVER MASTER BUILDERS, INC., C.J. BETTERS BUILDERS, LLC, BOVARD-ANDERSON COMPANY, and CLEARWATER ESTATES CONDOMINIUM ASSOCIATION by October 27, 2017 and also indicate whether this stipulation of dismissal renders any pending motions to dismiss filed by those dismissed third party defendants as moot. Signed by Magistrate Judge Cynthia Reed Eddy on 10/26/2017. (ajt)
October 25, 2017 Filing 211 MOTION to Strike Improper Allegations from #186 Amended Complaint, by PRO-FLEX LLC. (Attachments: #1 Proposed Order - Motion to Strike) (Offenbach, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 210 NOTICE of Voluntary Dismissal of Counts IV & V of Its #92 Third Party Complaint by PRO-FLEX LLC (Offenbach, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 209 BRIEF in Support re #208 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction re the Claims of Plaintiffs, Bayberry North Associates, L.P. and Betters Real Estate Holdings, LLC, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 208 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction re the Claims of Plaintiffs, Bayberry North Associates, L.P. and Betters Real Estate Holdings, LLC, by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 207 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction re the Claims of Plaintiffs, Bayberry North Associates, L.P. and Betters Real Estate Holdings, LLC, by PRO-FLEX LLC. (Attachments: #1 Proposed Order - Motion to Dismis) (Offenbach, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 206 BRIEF in Support re #205 Motion to Strike Certain Allegations of Plaintiffs' #186 First Amended Complaint filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 205 MOTION to Strike Certain Allegations of Plaintiffs' #186 First Amended Complaint by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 10/26/2017. (jsp) Modified on 10/26/2017. (jsp)
October 25, 2017 Filing 204 JOINT NOTICE of Voluntary Dismissal of Counts IV and V of Their Third Party Complaints by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC (Bentz, Daniel) Modified on 10/26/2017. (jsp)
October 23, 2017 Filing 203 REPLY BRIEF ("Reply") in support re #168 Motion to Dismiss for Failure to State a Claim, filed by WARD MANUFACTURING. (Gorbey, Jacqueline) Modified on 10/24/2017. (jsp)
October 23, 2017 Filing 202 STIPULATION for Extension of Time to Reply re 179 Response/Briefing Schedule, #196 Response to Motion to Dismiss, #199 Response in Opposition by WESBANCO BANK, INC. (Thalman, Andrew) Modified on 10/24/2017. (jsp)
October 23, 2017 Filing 201 STIPULATION for Extension of Time to Reply re #195 Response in Opposition, 179 Response/Briefing Schedule by WEAVER MASTER BUILDERS, INC. (Prather, Matthew) Modified on 10/24/2017. (jsp)
October 17, 2017 Filing 200 BRIEF in Support of #199 Response in Opposition to Wesbanco's #175 Motion to Dismiss filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 10/18/2017. (jsp)
October 17, 2017 Filing 199 RESPONSE IN OPPOSITION to Wesbanco's #175 Motion to Dismiss filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 10/18/2017. (jsp)
October 17, 2017 Filing 198 BRIEF in Support of #197 Response in Opposition to Weaver Master Builders' #172 Motion to Dismiss filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 10/18/2017. (jsp)
October 17, 2017 Filing 197 RESPONSE IN OPPOSITION to Weaver Master Builders' #172 Motion to Dismiss filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 10/18/2017. (jsp)
October 17, 2017 Filing 196 RESPONSE IN OPPOSITION to #178 Brief in Support of Motion, #177 Proposed Order, filed by PRO-FLEX LLC. (Offenbach, Daniel)
October 17, 2017 Filing 195 RESPONSE IN OPPOSITION to #172 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #173 Brief in Support of Motion, filed by PRO-FLEX LLC. (Offenbach, Daniel)
October 16, 2017 Filing 194 BRIEF in Support re #193 Joint Response in Opposition re #168 Motion to Dismiss for Failure to State a Claim, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca) Modified on 10/17/2017. (jsp)
October 16, 2017 Filing 193 RESPONSE IN OPPOSITION to #169 Brief in Support of Motion, #168 Motion to Dismiss for Failure to State a Claim, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
October 16, 2017 Filing 192 JOINT RESPONSE IN OPPOSITION to WARD MANUFACTURING's #168 Motion to Dismiss filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel) Modified on 10/17/2017. (jsp)
October 16, 2017 Filing 191 RESPONSE IN OPPOSITION to #169 Brief in Support of Motion, #168 Motion to Dismiss for Failure to State a Claim, filed by PRO-FLEX LLC. (Offenbach, Daniel)
October 12, 2017 Filing 190 STIPULATION of Acknowledgment and Agreement to be Bound by the Stipulated Protective Order by WARD MANUFACTURING. (Gorbey, Jacqueline)
October 10, 2017 Opinion or Order Filing 189 ORDER. Response/Briefing Schedule re #187 Motion to Dismiss for Failure to State a Claim. Response to the motion to dismiss due by 10/31/2017. Reply brief due by 11/7/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 10/10/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
October 4, 2017 Filing 188 BRIEF in Support re #187 Omnibus Motion to Dismiss for Failure to State a Claim filed by BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Buldas, James) Modified on 10/5/2017. (jsp)
October 4, 2017 Filing 187 OMNIBUS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #90 , #91 , #92 Third Party Plaintiffs Complaints by BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Attachment: #1 Proposed Order) (Buldas, James) Modified on 10/5/2017. (jsp)
October 4, 2017 Filing 186 First AMENDED COMPLAINT against All Defendants, filed by COULTER & GRAHAM, LLP., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE I, L.P., MICHAEL AND KATHLEEN BICHLER, JOHN EVANS, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE III, L.P., ADAMS POINTE II, L.P., JBCO, ADAMS POINTE MASTER ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P. (Bell-Stanton, Rebecca) Modified on 10/12/2017. (jsp)
October 3, 2017 Opinion or Order Filing 185 ORDER granting #184 Motion for Leave to File First Amended Complaint. Plaintiffs shall file their First Amended Complaint forthwith. Signed by Magistrate Judge Cynthia Reed Eddy on 10/3/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
October 2, 2017 Filing 184 MOTION for Leave to File First Amended Complaint and Class Action by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Proposed Order) (Bell-Stanton, Rebecca) Modified on 10/3/2017. (jsp)
September 27, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #172 Motion to Dismiss for Failure to State a Claim, #175 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike. This message is for informational purposes only. (jsp)
September 26, 2017 Filing 183 OMNIBUS REPLY BRIEF in support re #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike, filed by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP. (Medure, Jason) Modified on 9/28/2017. (jsp)
September 26, 2017 Filing 182 OMNIBUS REPLY BRIEF in support re #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP.. (Medure, Jason) Modified on 9/28/2017. (jsp)
September 26, 2017 Filing 181 REPLY BRIEF as to #67 Response to Motion re #136 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by C.J. BETTERS BUILDERS, LLC. (Medure, Jason) Modified on 9/28/2017. (jsp)
September 26, 2017 Filing 180 REPLY BRIEF as to #163 Joint Response, #164 Omnibus Memorandum re Response to Motion re #136 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by C.J. BETTERS BUILDERS, LLC. (Medure, Jason) Modified on 9/28/2017. (jsp)
September 26, 2017 Opinion or Order Filing 179 ORDER. Response/Briefing Schedule re #172 Motion to Dismiss for Failure to State a Claim, #175 Motion to Dismiss for Failure to State a Claim. Responses to the motions to dismiss due by 10/17/2017. Reply briefs due by 10/24/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 9/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 25, 2017 Filing 178 BRIEF in Support re #175 Motion to Dismiss for Failure to State a Claim Correcting Docket Entry No. 176 filed by WESBANCO BANK, INC.. (Thalman, Andrew)
September 25, 2017 Filing 177 Proposed Order re #175 Motion to Dismiss for Failure to State a Claim by WESBANCO BANK, INC.. (Thalman, Andrew)
September 25, 2017 Filing 176 BRIEF in Support re #175 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by WESBANCO BANK, INC. (Thalman, Andrew) Modified on 9/27/2017. (jsp)
September 25, 2017 Filing 175 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WESBANCO BANK, INC.. (Thalman, Andrew). Added MOTION to Strike on 9/26/2017 (jsp).
September 25, 2017 Filing 174 NOTICE of Appearance by Brenda B. Sebring on behalf of WEAVER MASTER BUILDERS, INC.. (Sebring, Brenda)
September 25, 2017 Filing 173 BRIEF in Support re #172 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by WEAVER MASTER BUILDERS, INC.. (Attachment: #1 Exhibit) (Prather, Matthew) Modified on 9/27/2017. (jsp)
September 25, 2017 Filing 172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WEAVER MASTER BUILDERS, INC.. (Attachment: #1 Proposed Order) (Prather, Matthew). Added MOTION to Strike on 9/26/2017 (jsp).
September 25, 2017 Filing 171 NOTICE of Appearance by Matthew L. Prather on behalf of WEAVER MASTER BUILDERS, INC.. (Prather, Matthew)
September 25, 2017 Opinion or Order Filing 170 ORDER. Response/Briefing Schedule re #168 Motion to Dismiss for Failure to State a Claim. Response to the motion to dismiss due by 10/16/2017. Reply brief due by 10/23/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 9/25/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 25, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #168 Motion to Dismiss for Failure to State a Claim. ERROR: Memorandum of Law was filed as an attachment to said motion. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief/Memorandum of Law and Exhibit A in support of #168 Motion to Dismiss. This message is for informational purposes only. (jsp)
September 22, 2017 Filing 169 BRIEF in Support re #168 Motion to Dismiss for Failure to State a Claim filed by WARD MANUFACTURING. (Attachment: #1 Exhibit A) (jsp) (Document previously filed electronically)
September 22, 2017 Filing 168 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WARD MANUFACTURING. (Attachments: #1 Memorandum of Law, #2 Exhibit, #3 Proposed Order) (Gorbey, Jacqueline) Modified on 9/25/2017. Memorandum and Exhibit removed from public view and re-docketed. (jsp)
September 19, 2017 Filing 167 RESPONSE IN OPPOSITION to #136 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #137 Brief in Support of Motion, filed by PRO-FLEX LLC. (Offenbach, Daniel)
September 19, 2017 Filing 166 RESPONSE IN OPPOSITION to #139 Brief in Support of Motion, #138 Motion to Dismiss for Failure to State a Claim, Motion to Strike, filed by PRO-FLEX LLC. (Offenbach, Daniel)
September 19, 2017 Filing 165 BRIEF in Opposition re #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #136 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #138 Motion to Dismiss for Failure to State a Claim,, Motion to Strike, filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
September 19, 2017 Filing 164 RESPONSE IN OPPOSITION to #140 MOTION TO DISMISS filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachment: #1 Proposed Order) (Bentz, Daniel) Modified on 9/20/2017. (jsp)
September 19, 2017 Filing 163 RESPONSE IN OPPOSITION to #136 MOTION TO DISMISS filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachment: #1 Proposed Order) (Bentz, Daniel) Modified on 9/20/2017. (jsp)
September 19, 2017 Filing 162 RESPONSE IN OPPOSITION to #138 MOTION TO DISMISS filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachment: #1 Proposed Order) (Bentz, Daniel) Modified on 9/20/2017. (jsp)
September 19, 2017 Filing 161 RESPONSE IN OPPOSITION to #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #141 Brief in Support of Motion, filed by PRO-FLEX LLC. (Offenbach, Daniel)
September 19, 2017 Opinion or Order Filing 160 ORDER granting #158 Motion for Extension of Time to Answer. WARD MANUFACTURING answer due 9/22/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 9/19/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 19, 2017 Opinion or Order Filing 159 ORDER GRANTING re #156 Motion to Join the Joint Motion to Dismiss filed by BAYBERRY NORTH ASSOCIATES L.P., JOHN EVANS, ADAMS POINTE MASTER ASSOCIATION, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE III, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., ADAMS POINTE I, L.P., JBCO, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE II, L.P., #157 Motion to Join the Joint Motion to Dismiss filed by the Ridge Management Third-Party Defendants, filed by BAYBERRY NORTH ASSOCIATES L.P., JOHN EVANS, ADAMS POINTE MASTER ASSOCIATION, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE III, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., ADAMS POINTE I, L.P., JBCO, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE II, L.P., #155 Motion to Join the Joint Motion to Dismiss filed by the Adams Pointe Contractor Third-Party Defendants, filed by BAYBERRY NORTH ASSOCIATES L.P., JOHN EVANS, ADAMS POINTE MASTER ASSOCIATION, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE III, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., ADAMS POINTE I, L.P., JBCO, ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., ADAMS POINTE II, L.P.:Plaintiffs will be deemed to have asserted the identical argument as set forth in the joint motion to dismiss filed by third party defendants Ridge Development Corp. and Adams Pointe Construction Corp. (ECF Nos. #140 , #141 ); the joint motion to dismiss filed by third party defendant CJ Betters Builders, LLC (ECF Nos. #136 , #137 ); and the joint motion to dismiss filed by third party defendants Ridge Management & Development Corp., Adams Pointe South Village Owners Association, L.P., and Adams Pointe Condominium Association (ECF Nos. #138 , #139 ). Signed by Magistrate Judge Cynthia Reed Eddy on 9/19/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt) Modified on 9/20/2017. (jsp)
September 18, 2017 Filing 158 MOTION for Extension of Time to Respond to Third-Party Complaints by WARD MANUFACTURING. (Attachment: #1 Proposed Order) (Gorbey, Jacqueline) Modified on 9/20/2017. (jsp)
September 18, 2017 Filing 157 MOTION to Join the Joint Motion to Dismiss filed by the Ridge Management Third-Party Defendants re #139 Brief in Support of Motion, filed by ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP., ADAMS POINTE CONDOMINIUM ASSOCIATION, #138 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP., ADAMS POINTE CONDOMINIUM ASSOCIATION by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 9/20/2017. (jsp)
September 18, 2017 Filing 156 MOTION to Join the Joint Motion to Dismiss filed by Third-Party Defendant, CJ Betters Bulders, LLC re #136 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by C.J. BETTERS BUILDERS, LLC, #137 Brief in Support of Motion filed by C.J. BETTERS BUILDERS, LLC by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 9/20/2017. (jsp)
September 18, 2017 Filing 155 MOTION to Join the Joint Motion to Dismiss filed by the Adams Pointe Contractor Third-Party Defendants re #140 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP., #141 Brief in Support of Motion filed by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP. by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 9/20/2017. (jsp)
September 18, 2017 Filing 154 Stipulation for Extension of Time to Answer by CLEARWATER ESTATES CONDOMINIUM ASSOCIATION, BOVARD-ANDERSON COMPANY Answer due from CLEARWATER ESTATES CONDOMINIUM ASSOCIATION on 10/4/2017; BOVARD-ANDERSON COMPANY on 10/4/2017. (Buldas, James)
September 11, 2017 Update Answer Deadline: Answer due from CLEARWATER ESTATES CONDOMINIUM ASSOCIATION on 9/20/2017. (ajt)
September 11, 2017 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Mid-Discovery Telephone Conference held on 9/11/2017. Rebecca E. Bell-Stanton and N. Scott Carpenter appearing on behalf of Plaintiffs. Thomas Pie, Jr. and Daniel R. Bentz appearing on behalf of Tru-Flex Defendants. Daniel J. Offenbach and Thomas A. Gamache appearing on behalf of Pro-Flex Defendants. James J. Buldas appearing on behalf of CLEARWATER ESTATES CONDOMINIUM ASSOCIATION and BOVARD-ANDERSON COMPANY Third Party Defendants. Thomas Sullivan appearing on behalf of WARD MANUFACTURING Third Party Defendants. Law Clerk: Amanda Thomas. Case Management Order #77 to remain in effect. (Court Reporter: none) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (ajt)
September 6, 2017 Filing 153 Stipulation for Extension of Time to Answer by WEAVER MASTER BUILDERS, INC. Answer due from WEAVER MASTER BUILDERS, INC. on 9/25/2017. (Prather, Matthew) Modified on 9/6/2017. (jsp)
September 1, 2017 Filing 152 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. BOVARD-ANDERSON COMPANY waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel) Modified on 9/5/2017 as filer did not complete entry. (jsp)
August 30, 2017 Filing 151 Errata re #148 Waiver of Service Executed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. Reason for Correction: Wrong waivers filed. CLEARWATER ESTATES CONDOMINIUM waiver sent on 6/26/2017, answer due 8/25/2017. BOVARD-ANDERSON COMPANY waiver sent of t on 6/26/2017, answer due 8/25/2017. (Bentz, Daniel) Modified on 8/31/2017. (jsp)
August 30, 2017 Filing 150 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. BOVARD-ANDERSON COMPANY waiver sent on 6/26/2017, answer due 8/25/2017. (Gamache, Thomas) Modified on 8/31/2017 as filer did not complete entry. (jsp)
August 30, 2017 Filing 149 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. CLEARWATER ESTATES CONDO ASSOCIATION waiver sent on 6/26/2017, answer due 8/25/2017. (Gamache, Thomas) Modified on 8/31/2017 as filer did not complete entry. (jsp)
August 30, 2017 Filing 148 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. BOVARD-ANDERSON COMPANY waiver sent on 6/29/2017, answer due 8/28/2017; CLEARWATER ESTATES CONDOMINIUM ASSOCIATION waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel) (See #151 Errata) Modified on 8/31/2017. (jsp)
August 30, 2017 Filing 147 Disclosure Statement identifying None as corporate parent or other affiliate, by BOVARD-ANDERSON COMPANY. (Hart, P.)
August 30, 2017 Filing 146 Disclosure Statement identifying None as corporate parent or other affiliate, by CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Hart, P.)
August 30, 2017 Filing 145 NOTICE of Appearance by Adam J. Tragone on behalf of BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Tragone, Adam)
August 30, 2017 Filing 144 NOTICE of Appearance by James J. Buldas on behalf of BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Buldas, James)
August 30, 2017 Filing 143 NOTICE of Appearance by P. Brennan Hart on behalf of BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION. (Hart, P.)
August 30, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #140 Motion to Dismiss for Failure to State a Claim, #136 Motion to Dismiss for Failure to State a Claim, #138 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike. This message is for informational purposes only. (jsp)
August 29, 2017 Opinion or Order Filing 142 ORDER Response/Briefing Schedule re #136 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #138 Motion to Dismiss for Failure to State a Claim, Motion to Strike, #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike. Responses to the motions to dismiss due by 9/19/2017. Reply briefs due by 9/26/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 8/29/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms) Modified on 8/30/2017. (jsp)
August 28, 2017 Filing 141 BRIEF in Support re #140 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP.. (Attachments: #1 Affidavit) (Medure, Jason) Modified on 8/30/2017. (jsp)
August 28, 2017 Filing 140 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ADAMS POINTE CONSTRUCTION CORP., RIDGE DEVELOPMENT CORP.. (Attachments: #1 Proposed Order) (Medure, Jason). Added MOTION to Strike on 8/30/2017 (jsp).
August 28, 2017 Filing 139 BRIEF in Support re #138 Motion to Dismiss for Failure to State a Claim, Motion to Strike filed by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP.. (Attachments: #1 Affidavit) (Medure, Jason) Modified on 8/30/2017. (jsp)
August 28, 2017 Filing 138 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., RIDGE MANAGEMENT & DEVELOPMENT CORP.. (Attachments: #1 Proposed Order) (Medure, Jason). Added MOTION to Strike on 8/30/2017 (jsp).
August 28, 2017 Filing 137 BRIEF in Support re #136 Motion to Dismiss for Failure to State a Claim. Motion to Strike filed by C.J. BETTERS BUILDERS, LLC. (Attachments: #1 Affidavit) (Medure, Jason) Modified on 8/30/2017. (jsp)
August 28, 2017 Filing 136 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by C.J. BETTERS BUILDERS, LLC. (Attachments: #1 Proposed Order) (Medure, Jason). Added MOTION to Strike on 8/30/2017 (jsp).
August 28, 2017 Filing 135 ANSWER to #90 Third Party Complaint and Affirmative Defenses, by PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Mangold, Bonnie)
August 28, 2017 Filing 134 ANSWER to #91 Third Party Complaint and Affirmative Defenses, by PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Mangold, Bonnie)
August 28, 2017 Filing 133 Disclosure Statement identifying None as corporate parent or other affiliate, by PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Mangold, Bonnie)
August 28, 2017 Opinion or Order Filing 132 ORDER: At counsel's request, the Mid-Class Discovery Telephone Status Conference set for 9/11/2017 at 01:00 PM is rescheduled for 9/11/2017 at 10:00 AM before Magistrate Judge Cynthia Reed Eddy. Dial-in information has been emailed to the participating parties. Signed by Magistrate Judge Cynthia Reed Eddy on 8/28/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
August 25, 2017 Filing 131 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. WESBANCO BANK, INC. waiver sent on 6/26/2017. Answer due 8/28/2017. (Gamache, Thomas) Document removed from public view as it duplicative of Document #130 . Modified on 8/29/2017. (jsp)
August 25, 2017 Filing 130 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. WESBANCO BANK, INC. waiver sent on 6/26/2017. Answer due on 8/28/2017. (Gamache, Thomas) Modified on 8/29/2017. (jsp)
August 25, 2017 Filing 129 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. WEAVER MASTER BUILDERS, INC. waiver sent on 6/26/2017, answer due 8/25/2017. (Gamache, Thomas)
August 25, 2017 Filing 128 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. C.J. BETTERS BUILDERS, LLC waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Filing 127 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. ADAMS POINTE CONDOMINIUM ASSOCIATION waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Filing 126 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P. waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Filing 125 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. ADAMS POINTE CONSTRUCTION CORP. waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Filing 124 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. RIDGE MANAGEMENT & DEVELOPMENT CORP. waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Filing 123 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. RIDGE DEVELOPMENT CORP. waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
August 25, 2017 Opinion or Order Filing 122 ORDER: The Mid-Class Discovery Telephone Status Conference set for 9/11/2017 at 11:15 AM is rescheduled for 9/11/2017 at 01:00 PM before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 8/25/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
August 24, 2017 Opinion or Order Filing 121 ORDER granting #120 Motion for H. Miles Cohn to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 8/24/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
August 24, 2017 Filing 120 MOTION for attorney Howard Miles Cohn to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4440683) by UNIQUE INDUSTRIAL PRODUCT COMPANY. (Attachments: #1 Proposed Order Admitting Pro Hac Vice) (Cohn, Howard)
August 23, 2017 Filing 119 NOTICE of Appearance by Bonnie Mangold on behalf of PRO-FLEX HOLDINGS, LLC (OF TEXAS), UNIQUE INDUSTRIAL PRODUCT COMPANY. (Mangold, Bonnie)
August 21, 2017 Opinion or Order Filing 118 ORDER granting #117 Motion for Extension of Time to Answer. WESBANCO, INC. answer due 9/25/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 8/21/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
August 21, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #117 Motion for Extension of Time to File Answer. ERROR: Proposed Order was not attached. CORRECTION: For future reference, Attorney is advised a proposed order should have been submitted as an attachment to said motion. No further action is required. This message is for informational purposes only. (jsp)
August 18, 2017 Filing 117 MOTION for Extension of Time to File Answer re #90 Third Party Complaint, filed by TRU-FLEX, LLC, #92 Third Party Complaint, filed by PRO-FLEX LLC, #91 Third Party Complaint, filed by TRU-FLEX METAL HOSE CORP. by WESBANCO, INC. (Attachments: #1 Affidavit) (Thalman, Andrew)
August 17, 2017 Update Answer Deadline: Answer due 9/18/2017 from WARD MANUFACTURING (plh)
August 17, 2017 Filing 116 Stipulation for Extension of Time to Answer by WARD MANUFACTURING Answer due from WARD MANUFACTURING on 9/18/2017. (Gorbey, Jacqueline)
August 10, 2017 Filing 115 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. WESBANCO, INC. waiver sent on 6/26/2017, answer due 8/25/2017. (Bentz, Daniel)
August 2, 2017 Filing 114 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. ADAMS POINTE CONDOMINIUM ASSOCIATION waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
August 2, 2017 Filing 113 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P. waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
August 2, 2017 Filing 112 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. RIDGE DEVELOPMENT CORP. waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
August 2, 2017 Filing 111 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. ADAMS POINTE CONSTRUCTION CORP. waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
August 2, 2017 Filing 110 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. C.J. BETTERS BUILDERS, LLC waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel) Modified on 8/4/2017. (jsp)
August 2, 2017 Filing 109 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. RIDGE MANAGEMENT & DEVELOPMENT CORP. waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel) Modified on 8/4/2017. (jsp)
August 1, 2017 Update Answer Deadline: Answer due from UNIQUE INDUSTRIAL PRODUCT COMPANY on 9/25/2017 (jsp)
July 31, 2017 Filing 108 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP. UNIQUE INDUSTRIAL PRODUCT COMPANY waiver sent on 7/25/2017. Answer due 9/25/2017. (Bentz, Daniel) Modified on 8/1/2017 as filer did not complete entry. (jsp)
July 28, 2017 Filing 107 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. PRO-FLEX HOLDINGS, LLC (OF TEXAS) waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
July 28, 2017 Filing 106 WAIVER OF SERVICE Returned Executed by TRU-FLEX METAL HOSE CORP.. UNIQUE INDUSTRIAL PRODUCT COMPANY waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
July 27, 2017 Opinion or Order Filing 105 ORDER granting #104 Motion for Thomas J. Sullivan to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 7/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
July 26, 2017 Filing 104 MOTION for attorney Thomas J. Sullivan to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4410037) by WARD MANUFACTURING. (Attachments: #1 Affidavit, #2 Proposed Order) (Sullivan, Thomas)
July 25, 2017 Filing 103 Disclosure Statement identifying Hitachi Metals America, Inc. and Hitachi Metals, Ltd. of Japan as corporate parent or other affiliate, by WARD MANUFACTURING. (Gorbey, Jacqueline)
July 24, 2017 Opinion or Order Filing 102 ORDER granting #101 Motion for Jacqueline Gorbey to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 7/24/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
July 21, 2017 Filing 101 MOTION for attorney Jacqueline Gorbey to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4405568) by WARD MANUFACTURING. (Attachments: #1 Affidavit, #2 Proposed Order) (Gorbey, Jacqueline)
July 20, 2017 Filing 100 WAIVER OF SERVICE Returned Executed by PRO-FLEX LLC. WARD MANUFACTURING waiver sent on 6/26/2017, answer due 8/28/2017. (Gamache, Thomas)
July 17, 2017 Filing 99 WAIVER OF SERVICE Returned Executed by TRU-FLEX, LLC. WARD MANUFACTURING waiver sent on 6/29/2017, answer due 8/28/2017. (Bentz, Daniel)
July 14, 2017 Opinion or Order Filing 98 ORDER denying #93 Motion for Protective Order. Signed by Magistrate Judge Cynthia Reed Eddy on 7/14/2017. (ajt)
June 29, 2017 Filing 97 BRIEF in Support re #96 Response to #93 Motion for Protective Order and Discovery Cost Shifting filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca) Modified on 7/3/2017. Brief in in support of response, not in opposition to it. (jsp)
June 29, 2017 Filing 96 RESPONSE to Motion re #93 MOTION for Protective Order and Discovery Cost Shifting filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Proposed Order) (Bell-Stanton, Rebecca)
June 19, 2017 Opinion or Order Filing 95 ORDER Response/Briefing Schedule re #93 MOTION for Protective Order and Discovery Cost Shifting by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. Responses due by 6/29/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 6/19/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
June 16, 2017 Filing 94 BRIEF in Support re #93 Motion for Protective Order and Discovery Cost Shifting filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
June 16, 2017 Filing 93 MOTION for Protective Order and Discovery Cost Shifting by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel)
June 14, 2017 Filing 92 THIRD PARTY COMPLAINT against ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., BOVARD-ANDERSON COMPANY, C.J. BETTERS BUILDERS, LLC, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION, ELLWOOD INVESTORS, LLC, RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP., WARD MANUFACTURING D/B/A WARDFLEX, WEAVER MASTER BUILDERS, INC., WESBANCO, INC. F/K/A ESB BANK, filed by PRO-FLEX LLC. (Attachments: #1 Exhibit A) (Offenbach, Daniel)
June 14, 2017 Filing 91 THIRD PARTY COMPLAINT for Contribution and/or Indemnity against ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., BOVARD-ANDERSON COMPANY, C.J. BETTERS BUILDERS, LLC, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION, ELLWOOD INVESTORS, LLC, PRO-FLEX HOLDINGS, LLC (OF TEXAS), RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP., UNIQUE INDUSTRIAL PRODUCT COMPANY, WARD MANUFACTURING D/B/A WARDFLEX, WEAVER MASTER BUILDERS, INC., WESBANCO, INC. F/K/A ESB BANK, filed by TRU-FLEX METAL HOSE CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bentz, Daniel)
June 14, 2017 Filing 90 THIRD PARTY COMPLAINT for Contribution and/or Indemnity against RIDGE DEVELOPMENT CORP., RIDGE MANAGEMENT & DEVELOPMENT CORP., ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P., ADAMS POINTE CONDOMINIUM ASSOCIATION, ADAMS POINTE CONSTRUCTION CORP., WARD MANUFACTURING D/B/A WARDFLEX, ELLWOOD INVESTORS, LLC, WESBANCO, INC. F/K/A ESB BANK, BOVARD-ANDERSON COMPANY, CLEARWATER ESTATES CONDOMINIUM ASSOCIATION, WEAVER MASTER BUILDERS, INC., C.J. BETTERS BUILDERS, LLC, UNIQUE INDUSTRIAL PRODUCT COMPANY, PRO-FLEX HOLDINGS, LLC (OF TEXAS), filed by TRU-FLEX, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bentz, Daniel)
June 13, 2017 Filing 89 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephone Conference held on 6/13/2017. (Court Reporter: none) (ajt)
June 13, 2017 Opinion or Order Filing 88 ORDER granting #87 Motion for Leave to Add Third Party Defendants : Upon consideration of Defendants TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC, PRO-FLEX, LLCs, Motion for Leave to Add Third Party Defendants, RIDGE DEVELOPMENT CORP.; RIDGE MANAGEMENT & DEVELOPMENT CORP.; ADAMS POINTE CONSTRUCTION CORP.; ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P.; ADAMS POINTE CONDOMINIUM ASSOCIATION; WARD MANUFACTURING, LLC. D/B/A WARDFLEX; WESBANCO BANK, INC. f/k/a ESB BANK; ELLWOOD INVESTORS, LLC; BOVARD - ANDERSON COMPANY; CLEARWATER ESTATES CONDOMINIUM ASSOCIATION; WEAVER MASTER BUILDERS, INC.; C.J. BETTERS BUILDERS, LLC; AND PRO-FLEX HOLDINGS, LLC (OF TEXAS); UNIQUE INDUSTRIAL PRODUCT COMPANY that Defendants may make all Third Party defendants identified parties to the above action upon filing of each respective third party complaint and upon service of each complaint in accordance with Federal Rule of Civil Procedure 4. The third party complaint shall be filed forthwith. Signed by Magistrate Judge Cynthia Reed Eddy on 6/13/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt) Modified on 6/13/2017. (jsp)
June 12, 2017 Filing 87 MOTION to Add Third Party Defendants by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachment: #1 Proposed Order) (Bentz, Daniel) Modified on 6/13/2017. (jsp)
June 12, 2017 Opinion or Order Filing 86 MEMORANDUM ORDER granting #83 Motion for Reconsideration. Signed by Magistrate Judge Cynthia Reed Eddy on 6/12/2017. (ajt)
June 7, 2017 Filing 85 JOINT RESPONSE to Motion re #83 MOTION for Reconsideration filed by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 6/8/2017. (jsp)
June 6, 2017 Filing 84 BRIEF in Support re #83 Motion for Reconsideration, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
June 6, 2017 Filing 83 MOTION for Reconsideration re #82 Memorandum Order by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Proposed Order) (Bell-Stanton, Rebecca) Modified on 6/7/2017. (jsp)
June 6, 2017 Opinion or Order Filing 82 MEMORANDUM ORDER denying #79 Motion for Contempt. Signed by Magistrate Judge Cynthia Reed Eddy on 6/6/2017. (ajt) Modified on 6/7/2017. (jsp)
June 5, 2017 Filing 81 Proposed Order re #79 Motion for Contempt, by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
June 5, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #79 Motion for Contempt. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. Filer SHOULD NOT re-file the motion. This message is for informational purposes only. (jsp)
June 2, 2017 Filing 80 BRIEF in Support re #79 Motion for Contempt, for Noncompliance with Civil Subpoena filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Bell-Stanton, Rebecca)
June 2, 2017 Filing 79 MOTION for Contempt For Noncompliance with Civil Subpoena by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., ADAMS POINTE III, L.P., ADAMS POINTE MASTER ASSOCIATION, L.P., ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., MICHAEL AND KATHLEEN BICHLER, COULTER & GRAHAM, LLP., JOHN EVANS, JBCO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Bell-Stanton, Rebecca)
May 31, 2017 Filing 78 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status Conference held on 5/31/2017. Telephone Status Conference set for 6/13/2017 at 11:00 AM before Magistrate Judge Cynthia Reed Eddy. (Court Reporter: none) (ajt)
April 26, 2017 Opinion or Order Filing 77 AMENDED CASE MANAGEMENT ORDER. Signed by Magistrate Judge Cynthia Reed Eddy on 4/26/2017. (sms)
April 26, 2017 Opinion or Order Filing 76 ORDER granting #74 JOINT MOTION for Entry of Amended Case Management Order re #63 Case Management Order by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P. Amended Case Management Order to follow. Signed by Magistrate Judge Cynthia Reed Eddy on 4/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
April 26, 2017 Opinion or Order Filing 75 ORDER granting #73 MOTION for Joinder of Additional Plaintiffs, individually and as Proposed Representatives by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. The Clerk of Court is directed to add the following parties as Plaintiffs of record: JBCO; ADAMS POINTE III, L.P.; ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P.; ADAMS POINTE MASTER ASSOCIATION, L.P.; COULTER & GRAHAM, LLP; MICHAEL AND KATHLEEN BICHLER; JOHN EVANS. Signed by Magistrate Judge Cynthia Reed Eddy on 4/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
April 25, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #74 Joint Motion for Entry of Amended Case Management Order re #63 Case Management Order. 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. No further action is required. This message is for informational purposes only. (jsp)
April 24, 2017 Filing 74 JOINT MOTION for Entry of Amended Case Management Order re #63 Case Management Order by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Bell-Stanton, Rebecca) Modified on 4/25/2017. (jsp)
April 21, 2017 Filing 73 MOTION for Joinder of Additional Plaintiffs, individually and as Proposed Representatives by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Attachment: #1 Proposed Order) (Bell-Stanton, Rebecca) Modified on 4/24/2017. (jsp)
April 17, 2017 Filing 72 Minute Entry for Telephone Conference held before Magistrate Judge Cynthia Reed Eddy on 4/17/2017. Joint Proposed Amended Case Management Order due by 4/24/2017. (Court Reporter: none) (sms)
April 11, 2017 Opinion or Order Filing 71 ORDER: A Telephone Status Conference is set for 4/17/2017 at 11:00 AM before Magistrate Judge Cynthia Reed Eddy. The appropriate dial-in information will be emailed to the parties. Signed by Magistrate Judge Cynthia Reed Eddy on 4/11/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
April 11, 2017 Set/Reset Deadlines: Joinder of Parties due by 4/21/2017. (sms)
March 23, 2017 Opinion or Order Filing 70 ORDER denying without prejudice #67 Joint MOTION to Compel Inspection of Property by PRO-FLEX LLC. Signed by Magistrate Judge Cynthia Reed Eddy on 3/23/2017. (sms)
March 22, 2017 Filing 69 RESPONSE to Motion re #67 Joint MOTION to Compel Inspection of Property filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Attachments: #1 Exhibit Declaration of Rebecca Bell-Stanton in Support of Plaintiffs' Response to Motion to Compel) (Bell-Stanton, Rebecca)
March 21, 2017 Opinion or Order Filing 68 ORDER Response Schedule re #67 Motion to Compel. Due to the nature of the representations in the Motion to Compel, Plaintiff's Response is due by 3/22/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 3/21/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
March 21, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #67 Motion to Compel. 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. No further action is required. This message is for informational purposes only. (jsp)
March 20, 2017 Filing 67 Joint MOTION to Compel Inspection of Property by PRO-FLEX LLC. (Offenbach, Daniel)
February 16, 2017 Opinion or Order Filing 66 ORDER approving #65 Stipulated Order Regarding Discovery of Electronically Stored Information. Signed by Magistrate Judge Cynthia Reed Eddy on 2/16/2017. (sms)
February 15, 2017 Filing 65 Stipulated Proposed Order Regarding Discovery of Electronically Stored Information by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Attachment: #1 Exhibit A) (Bell-Stanton, Rebecca) Modified on 2/16/2017. (jsp)
February 7, 2017 Opinion or Order Filing 64 ORDER: The Hearing on the class certification set for 1/8/2018 is hereby RESCHEDULED for 1/4/2018 at 10:00 AM in Courtroom 10A before Magistrate Judge Cynthia Reed Eddy. All other deadlines and hearings set in the #63 CASE MANAGEMENT ORDER remain in effect. Signed by Magistrate Judge Cynthia Reed Eddy on 2/7/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
January 25, 2017 Opinion or Order Filing 63 CASE MANAGEMENT ORDER: The parties shall move to add new parties by 4/15/2017. The parties shall move to amend the pleadings by 8/1/2017. Pre-Certification Discovery due by 9/15/2017. A Mid-Class Discovery Telephone Conference is set for 6/28/2017 at 10:00 AM before Magistrate Judge Cynthia Reed Eddy. Plaintiffs' Motion for Class Certification due by 10/16/2017. Defendants' Memorandum in Opposition to Motion due by 11/17/2017. Plaintiffs' Reply Memorandum due by 12/15/2017. Hearing on the class certification is set for 1/8/2018 at 10:00 AM before Magistrate Judge Cynthia Reed Eddy. ESI Discovery plan due by 2/15/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 1/25/2017. (sms)
January 25, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #60 Proposed Case Management Order. ERROR: Wrong event selected. Document is entitled "Motion to Enter Case Management Order." CORRECTION: Order striking Document #60 entered on 1/24/2017. Joint Proposed Case Management Order filed by counsel at Document #62 . This message is for informational purposes only. (jsp)
January 24, 2017 Filing 62 Joint Proposed Case Management Order by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel) Modified on 1/26/2017. (jsp)
January 24, 2017 Opinion or Order Filing 61 ORDER striking #60 Proposed Discovery Plan filed by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC, PRO-FLEX LLC for non-compliance with this Court's Order of 1/11/2017 requiring the parties to file a Joint Proposed Case Management Order. The parties have until 9:00 AM on 1/25/2017 to resubmit a Joint Proposed Case Management Order. Signed by Magistrate Judge Cynthia Reed Eddy on 1/24/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
January 23, 2017 Filing 60 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Attachments: #1 Proposed Order) (Bentz, Daniel)
January 23, 2017 Filing 59 STIPULATED PROTECTIVE ORDER by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Bentz, Daniel)
January 11, 2017 Filing 58 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Case Management Conference held on 1/11/2017. As more fully set forth in the attached entry: Joint Proposed Case Management Order and Joint Proposed Protective Order due by 1/23/17. (Court Reporter: none) (ajt)
December 28, 2016 Opinion or Order Filing 57 ORDER: The Case Management Conference set for 1/3/2017 has been RESCHEDULED for 1/11/2017 at 10:00 AM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Signed by Magistrate Judge Cynthia Reed Eddy on 12/28/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
December 27, 2016 Filing 56 Errata re #53 Report of Rule 26(f) Planning Meeting by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. Reason for Correction: Attorney Signature. (Bell-Stanton, Rebecca)
December 22, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #53 Report of Rule 26(f) Planning Meeting. ERROR: No written signature or typed name w/s. CORRECTION: Attorney advised of signature requirements. Attorney to promptly resubmit with signature, using Errata event located under "Other Documents" in the electronic filing system. Filer should link the Errata to Document #53 . This message is for informational purposes only. (jsp)
December 20, 2016 Filing 55 CONCISE STATEMENT OF MATERIAL FACTS (Joint Position Letter of Defendants) by PRO-FLEX LLC. (Offenbach, Daniel)
December 20, 2016 Filing 54 NOTICE of Appearance by Thomas Pie, Jr on behalf of TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Pie, Thomas)
December 20, 2016 Filing 53 REPORT of Rule 26(f) Planning Meeting. (Bell-Stanton, Rebecca)
December 8, 2016 Filing 52 NOTICE of Substitution of Attorney Appearance by Ashley N. Rodgers on behalf of TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC. (Rodgers, Ashley) (Document is in essence a Notice of Appearance as attorney Jacob F. Kratt is not listed as counsel of record.) Modified on 12/12/2016. (jsp)
December 8, 2016 Filing 51 DISTRICT JUDGE OPTION by TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC to have this case randomly assigned to a U.S. District Judge. (Bentz, Daniel)
November 15, 2016 Filing 50 ANSWER to #41 Crossclaim by PRO-FLEX LLC. (Offenbach, Daniel) Modified on 11/16/2016. (jsp)
November 15, 2016 Filing 49 ANSWER to #40 Crossclaim by PRO-FLEX LLC. (Offenbach, Daniel) Modified on 11/16/2016. (jsp)
November 15, 2016 Opinion or Order Filing 48 ORDER granting in part and denying in part #44 Motion to Extend Time for to Conduct Rule 26 Meeting and Initial Case Management Conference. Initial Case Management Conference is scheduled for January 3, 2017 at 2:00 p.m. Parties are to conduct Rule 26(f) Conference by December 13, 2016. Parties to file Rule 26(f) Report, ADR Stipulations and Position Letters by December 20, 2016. Signed by Magistrate Judge Cynthia Reed Eddy on 11/15/2016. (ajt)
November 10, 2016 Filing 47 RESPONSE to Motion re #44 MOTION to Extend Time to Conduct Rule 26 Meeting and Initial Case Management Conference filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Attachments: #1 Exhibit Declaration of Rebecca Bell-Stanton, #2 Proposed Order) (Bell-Stanton, Rebecca)
November 4, 2016 Filing 46 Proposed Order re #44 Motion to Extend Time by PRO-FLEX LLC. (Collis, Pamela)
November 4, 2016 Opinion or Order Filing 45 ORDER Response/Briefing Schedule re #44 MOTION to Extend Time to Conduct Rule 26 Meeting and Initial Case Management Conference by PRO-FLEX LLC. Responses due by 11/11/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 11/4/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
November 4, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #44 Motion to Extend Time. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. Filer SHOULD NOT re-file the motion. This message is for informational purposes only. (jsp)
November 3, 2016 Filing 44 MOTION to Extend Time to Conduct Rule 26 Meeting and Initial Case Management Conference by PRO-FLEX LLC. (Offenbach, Daniel)
November 1, 2016 Filing 43 DISTRICT JUDGE OPTION by PRO-FLEX LLC to have this case randomly assigned to a U.S. District Judge. (Offenbach, Daniel)
October 25, 2016 Filing 42 ANSWER to #1 Complaint, and Class Action by PRO-FLEX LLC. (Collis, Pamela)
October 25, 2016 Filing 41 ANSWER to #1 Complaint, Affirmative Defenses, and CROSSCLAIM against PRO-FLEX LLC by TRU-FLEX, LLC. (Bentz, Daniel)
October 25, 2016 Filing 40 ANSWER to #1 Complaint, Affirmative Defenses, and CROSSCLAIM against PRO-FLEX LLC by TRU-FLEX METAL HOSE CORP.. (Bentz, Daniel)
October 18, 2016 Opinion or Order Filing 39 ORDER denying #21 Motion to Strike #1 Complaint. PRO-FLEX LLC answer due 10/25/2016; TRU-FLEX METAL HOSE CORP. answer due 10/25/2016; TRU-FLEX, LLC answer due 10/25/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 10/18/2016. (sms)
October 17, 2016 Filing 38 CONSENT to Trial/Jurisdiction by US Magistrate Judge by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Bell-Stanton, Rebecca)
October 17, 2016 Opinion or Order Filing 37 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Case Management Conference set for 12/12/2016 at 02:00 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. Rule 26 Meeting to be conducted on or before 11/21/2016. Rule 26 Meeting Report, Proposed Case Management Order, ADR Stipulation, Position Letters, Consent to Jurisdiction due by 12/7/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 10/17/2016. (sms)
October 7, 2016 Filing 36 Disclosure Statement identifying NONE as corporate parent or other affiliate, by PRO-FLEX LLC. (Offenbach, Daniel)
September 14, 2016 Filing 35 BRIEF in Support re #34 Response to #21 Motion to Strike filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P. (Bell-Stanton, Rebecca) Modified on 9/15/2016. (jsp)
September 14, 2016 Filing 34 RESPONSE to Motion re #21 MOTION to Strike #1 Complaint, filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
September 13, 2016 Opinion or Order Filing 33 ORDER granting #29 Motion for Joinder. Defendant TRU-FLEX METAL HOSE CORP., LLC is deemed to have joined Tru-Flex, LLC's #21 motion to strike pursuant to Fed. R. Civ. P. 12(f) as of this date. Plaintiff shall respond to said motion as it pertains to defendant TRU-FLEX METAL HOSE CORP. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 13, 2016 Opinion or Order Filing 32 ORDER granting #27 Motion for Joinder. Defendant Pro-Flex, LLC is deemed to have joined Tru-Flex, LLC's #21 motion to strike pursuant to Fed. R. Civ. P. 12(f) as of this date. Plaintiff shall respond to said motion as it pertains to defendant Pro-Flex, LLC. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
September 13, 2016 Opinion or Order Filing 31 ORDER granting #13 Motion for Thomas A. Gamache to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 13, 2016 Opinion or Order Filing 30 ORDER granting #12 Motion for Daniel J. Offenbach to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 9, 2016 Filing 29 MOTION for Joinder as to #21 MOTION to Strike #1 Complaint, by TRU-FLEX METAL HOSE CORP. (Attachments: #1 Proposed Order) (Bentz, Daniel)
September 6, 2016 Opinion or Order Filing 28 ORDER Response/Briefing Schedule re #27 Motion for Joinder: Plaintiff's Response to Motion is due by 9/14/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 9/6/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
September 2, 2016 Filing 27 MOTION for Joinder as to #21 MOTION to Strike #1 Complaint, by PRO-FLEX LLC. (Attachments: #1 Proposed Order) (Collis, Pamela)
August 31, 2016 Opinion or Order Filing 26 ORDER re #12 Motion to Appear Pro Hac Vice filed by PRO-FLEX LLC, #13 Motion to Appear Pro Hac Vice filed by PRO-FLEX LLC. In accordance with LCvR 83.2(B), Attorneys Offenbach and Gamache must be registered users of CM/ECF. It appears that neither attorney is a registered user of CM/ECF. Therefore, the attorneys have until 9/6/2016 to become a registered attorney or the aforementioned motions will be denied. Signed by Magistrate Judge Cynthia Reed Eddy on 8/31/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajt)
August 23, 2016 Opinion or Order Filing 25 ORDER re #21 Motion to Strike filed by TRU-FLEX, LLC. Plaintiffs Response to the Motion due by 9/14/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 8/23/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jlh)
August 22, 2016 Opinion or Order Filing 24 ORDER granting #19 Motion for Extension of Time to Answer. TRU-FLEX METAL HOSE CORP. answer due 9/16/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 8/22/2016. (jlh)
August 22, 2016 Filing 23 Proposed Order re #21 Motion to Strike by TRU-FLEX, LLC. (Bentz, Daniel)
August 22, 2016 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #21 Motion to Strike. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. Filer should NOT re-file the motion. This message is for informational purposes only. (jsp)
August 19, 2016 Filing 22 BRIEF in Support re #21 Motion to Strike filed by TRU-FLEX, LLC. (Bentz, Daniel)
August 19, 2016 Filing 21 MOTION to Strike #1 Complaint, by TRU-FLEX, LLC. (Bentz, Daniel)
August 19, 2016 Filing 20 Disclosure Statement identifying None as corporate parent or other affiliate, by TRU-FLEX, LLC. (Bentz, Daniel)
August 19, 2016 Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint, filed by BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P., ADAMS POINTE II, L.P., ADAMS POINTE I, L.P. by TRU-FLEX METAL HOSE CORP.. (Attachments: #1 Proposed Order) (Bentz, Daniel)
August 19, 2016 Filing 18 Disclosure Statement identifying None as corporate parent or other affiliate, by TRU-FLEX METAL HOSE CORP.. (Bentz, Daniel)
August 18, 2016 Filing 17 NOTICE of Appearance by Daniel R. Bentz on behalf of TRU-FLEX METAL HOSE CORP.. (Bentz, Daniel)
August 16, 2016 Opinion or Order Filing 16 ORDER granting in part #11 Motion for Extension of Time to file an Answer. Answer due 9/16/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 8/16/2016. (jlh)
August 16, 2016 Filing 15 Errata re #14 Response to Motion by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. Reason for Correction: Adding Proposed Order. (Attachments: #1 Proposed Order) (Bell-Stanton, Rebecca)
August 16, 2016 Filing 14 RESPONSE to Motion re #11 MOTION for Extension of Time to File Answer filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BAYBERRY NORTH ASSOCIATES L.P., BETTERS REAL ESTATE HOLDINGS, L.P.. (Bell-Stanton, Rebecca)
August 16, 2016 Update Answer Deadline: Answer due from PRO-FLEX LLC on 9/16/2016 (jlh)
August 15, 2016 Filing 13 MOTION for attorney Thomas A. Gamache to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4054304) by PRO-FLEX LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Supplement, #4 Proposed Order) (Collis, Pamela)
August 15, 2016 Filing 12 MOTION for attorney Daniel J. Offenbach to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4054282) by PRO-FLEX LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Supplement, #4 Proposed Order) (Collis, Pamela)
August 15, 2016 Filing 11 MOTION for Extension of Time to File Answer by PRO-FLEX LLC. (Attachments: #1 Proposed Order) (Collis, Pamela)
August 12, 2016 Filing 10 NOTICE of Appearance by Daniel R. Bentz on behalf of TRU-FLEX, LLC. (Bentz, Daniel)
July 26, 2016 Filing 9 NOTICE of Appearance by Pamela V. Collis on behalf of PRO-FLEX LLC. (Collis, Pamela)
July 25, 2016 Filing 8 WAIVER OF SERVICE Returned Executed by ADAMS POINTE I, L.P.. PRO-FLEX LLC waiver sent on 6/20/2016, answer due 8/19/2016. (Rihn, D.)
June 28, 2016 Filing 7 WAIVER OF SERVICE Returned Executed by ADAMS POINTE I, L.P.. TRU-FLEX METAL HOSE CORP. waiver sent on 6/20/2016, answer due 8/19/2016. (Rihn, D.)
June 28, 2016 Filing 6 WAIVER OF SERVICE Returned Executed by ADAMS POINTE I, L.P.. TRU-FLEX, LLC waiver sent on 6/20/2016, answer due 8/19/2016. (Rihn, D.)
June 20, 2016 Opinion or Order Filing 5 ORDER granting #3 Motion for Rebecca Bell-Stanton to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 6/20/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jlh)
June 20, 2016 Opinion or Order Filing 4 ORDER granting #2 Motion for N. Scott Carpenter to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 6/20/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jlh)
June 15, 2016 Filing 3 MOTION for attorney Rebecca Bell-Stanton to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3991831) by ADAMS POINTE I, L.P.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Rihn, D.)
June 15, 2016 Filing 2 MOTION for attorney N. Scott Carpenter to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-3991827) by ADAMS POINTE I, L.P.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Rihn, D.)
June 7, 2016 Filing 1 COMPLAINT against PRO-FLEX LLC, TRU-FLEX METAL HOSE CORP., TRU-FLEX, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-3983229), filed by ADAMS POINTE I, L.P., ADAMS POINTE II, L.P., BETTERS REAL ESTATE HOLDINGS, L.P., BAYBERRY NORTH ASSOCIATES L.P. (Attachment: #1 Civil Cover Sheet) (jsp)

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Search for this case: ADAMS POINTE I, L.P. et al v. TRU-FLEX METAL HOSE CORP. et al
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Defendant: TRU-FLEX METAL HOSE CORP
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Plaintiff: ADAMS POINTE I, L.P
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Plaintiff: ADAMS POINTE III, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: COULTER & GRAHAM, LLP.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: JBCO
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: ADAMS POINTE MASTER ASSOCIATION, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: ADAMS POINTE I, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: BETTERS REAL ESTATE HOLDINGS, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: MICHAEL AND KATHLEEN BICHLER
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: JOHN EVANS
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: BAYBERRY NORTH ASSOCIATES L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: ADAMS POINTE II, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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Plaintiff: ADAMS POINTE NORTH CONDOMINIUM ASSOCIATION, L.P.
Represented By: Rebecca E. Bell-Stanton
Represented By: N. Scott Carpenter
Represented By: D. Aaron Rihn
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3rd party defendant: WESBANCO BANK, INC.
Represented By: Andrew R. Thalman
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3rd party defendant: UNIQUE INDUSTRIAL PRODUCT COMPANY
Represented By: Howard M. Cohn
Represented By: Timothy R. Smith
Represented By: Bonnie Mangold
Represented By: Ginevra Ventre
Represented By: Stephen E. Geduldig
Represented By: Bradley D. Remick
Represented By: Julie A. Brennan
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3rd party defendant: ESB BANK
Represented By: Andrew R. Thalman
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3rd party defendant: ELLWOOD INVESTORS, LLC
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3rd party defendant: RIDGE MANAGEMENT & DEVELOPMENT CORP.
Represented By: Jason A. Medure
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3rd party defendant: ADAMS POINTE CONDOMINIUM ASSOCIATION
Represented By: Jason A. Medure
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3rd party defendant: CLEARWATER ESTATES CONDOMINIUM ASSOC.
Represented By: James J. Buldas
Represented By: P. Brennan Hart
Represented By: Adam J. Tragone
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3rd party defendant: ADAMS POINTE CONSTRUCTION CORP.
Represented By: Jason A. Medure
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3rd party defendant: RIDGE DEVELOPMENT CORP.
Represented By: Jason A. Medure
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3rd party defendant: WARD MANUFACTURING doing business as WARDFLEX
Represented By: Jacqueline Gorbey
Represented By: Thomas Sullivan
Represented By: Joseph H. Blum
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3rd party defendant: PRO-FLEX HOLDINGS, LLC (OF TEXAS)
Represented By: Bonnie Mangold
Represented By: Ginevra Ventre
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3rd party defendant: BOVARD-ANDERSON COMPANY
Represented By: James J. Buldas
Represented By: P. Brennan Hart
Represented By: Adam J. Tragone
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3rd party defendant: WEAVER MASTER BUILDERS, INC.
Represented By: Brenda B. Sebring
Represented By: Matthew L. Prather
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3rd party defendant: C.J. BETTERS BUILDERS, LLC
Represented By: Jason A. Medure
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3rd party defendant: ADAMS POINTE SOUTH VILLAGE OWNERS ASSOCIATION, L.P.
Represented By: Jason A. Medure
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3rd party plaintiff: TRU-FLEX, LLC
Represented By: Daniel R. Bentz
Represented By: Thomas Pie, Jr.
Represented By: Ashley N. Rodgers
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3rd party plaintiff: PRO-FLEX LLC
Represented By: Daniel J. Offenbach
Represented By: Adam L. Frankel
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3rd party plaintiff: TRU-FLEX METAL HOSE CORP.
Represented By: Daniel R. Bentz
Represented By: Thomas Pie, Jr.
Represented By: Ashley N. Rodgers
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