NULL v. MCCALMONT TOWNSHIP et al
| CLIFFORD NULL |
| ORRIE DUANE MANNERS, BUREAU VERITAS, DAVID L. YOUNG, JOHN H. FORADORA, MCCALMONT TOWNSHIP, FRANCIS FORNELLI, DONALD E BYERLY, CAROLYN M HEITZENRATER, RODNEY SMAY and BUREAU VERITAS NORTH AMERICA INC. |
| 2:2018cv01314 |
| October 2, 2018 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Peter J Phipps |
| J Nicholas Ranjan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.
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Filing 86
ORDER re #84 Stipulation of Dismissal. This civil action is hereby dismissed with prejudice. Signed by Judge J. Nicholas Ranjan on 6/15/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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Filing 85
ORDER FOR STATISTICAL CLOSING. IT IS HEREBY ORDERED that the Clerk mark the above-captioned case closed; that nothing contained in this order shall be considered a dismissal or disposition of this action, and that should further proceedings therein become necessary or desirable, either party may initiate the same in the same manner as if this order had not been entered. IT IS FURTHER ORDERED that the court expressly retains jurisdiction in this matter to consider any issue arising during the period when settlement is being finalized, including but not limited to enforcing settlement. Signed by Judge J. Nicholas Ranjan on 6/15/2020. (av)
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| Filing 84 STIPULATION of Dismissal by CLIFFORD NULL. (Mitchell, Kurt) |
| FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
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Filing 82
ORDER granting #81 Motion to Amend/Correct. Discovery due by 6/15/2020. Telephonic Post Discovery Status Conference to be held on 6/16/2020 at 4:00PM in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Set/Reset Hearings: Telephonic Post-Discovery Status Conference set for 6/16/2020 at 04:00 PM before Judge J. Nicholas Ranjan. (av) |
| Filing 81 Joint MOTION to Amend/Correct #74 Case Management Order, by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Attachments: #1 Proposed Order) (Lautman, Matthew) |
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Filing 80
ORDER as to #79 Joint Status Report. Given the current public-health crisis, the parties are reminded to attempt to conduct any outstanding depositions by video or phone, if possible. Counsel are referred to the Court's #77 Standing Order in All Civil Cases Related to Coronavirus for additional information. Signed by Judge J. Nicholas Ranjan on 4/7/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 79 JOINT STATUS REPORT Of Parties pursuant to the Court's March 30th 2020 #78 order by CLIFFORD NULL. (Mitchell, Kurt) Modified text on 4/7/2020 to add "JOINT". (jv) |
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Filing 78
ORDER. Status Report due by 4/6/2020. Signed by Judge J. Nicholas Ranjan on 3/30/2020. (av)
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| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) |
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Filing 77
STANDING ORDER IN ALL CIVIL CASES RELATED TO CORONAVIRUS. Signed by Judge J. Nicholas Ranjan on 3/16/2020. (av)
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| Filing 76 ANSWER to #62 Amended Complaint, and Affirmative Defenses by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Lautman, Matthew) |
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Filing 75
ORDER denying #64 Motion to Dismiss Second Amended Complaint. Assuming the truth of Plaintiff's allegations, as the Court is required at this stage, Plaintiff has pled sufficient facts to plausibly support the existence of a conspiracy and the application of the continuing violation theory to extend the accrual date of his causes of action. Plaintiff specifically added allegations to address the concerns outlined by Judge Phipps #60 during the hearing on July 8, 2020. Plaintiff has further sufficiently alleged facts to support his Section 1983 and wrongful use of civil proceedings/abuse of process claims under Bell Atlantic v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009), and their progeny. Signed by Judge J. Nicholas Ranjan on 1/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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Filing 74
CASE MANAGEMENT ORDER: Amended Pleadings due by 2/10/2020; Exchange of required Rule 26(a)(1) information due by 2/27/2020; Discovery due by 4/27/2020; Post-Discovery Status Conference set for 4/28/2020 at 10:00 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 1/28/2020. (av)
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| Filing 73 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Initial Case Management Conference held on 1/27/2020. (Court Reporter: none) (av) |
| Filing 72 STIPULATION selecting ADR process by CLIFFORD NULL. (Mitchell, Kurt) |
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Filing 71
ORDER striking #70 Stipulation Selecting ADR process filed by CLIFFORD NULL. The parties are instructed to re-file the Stipulation Selecting ADR Process that includes a set date for mediation by 1/24/2020. Signed by Judge J. Nicholas Ranjan on 1/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #70 Stipulation Selecting ADR process. ERROR: Incorrect version of form used for entry. CORRECTION: Counsel is advised the Stipulation Selecting ADR form has been updated. Dispose of all previous versions of the Stipulation and begin using the amended form, with the revision date 4/2017. This message is for informational purposes only. (jv) |
| Filing 70 STIPULATION selecting ADR process by CLIFFORD NULL. (Mitchell, Kurt) |
| Filing 69 REPORT of Rule 26(f) Planning Meeting. (Mitchell, Kurt) |
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Filing 68
CASE MANAGEMENT ORDER: Initial Case Management Conference set for 1/27/2020 at 02:00 PM in Courtroom 6C before Judge J. Nicholas Ranjan. Exchange of required Rule 26(a)(1) information due by 1/22/2020; Rule 26 Meeting Report (Attached as Exhibit 1) due by 1/22/2020; Stipulation Selecting ADR Process due by 1/22/2020. Signed by Judge J. Nicholas Ranjan on 12/6/2019. (Attachments: #1 Exhibit 1) (av)
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| Filing 67 BRIEF in Opposition re #64 Motion to Dismiss Second Amended Complaint filed by CLIFFORD NULL. (Attachments: #1 Exhibit A, #2 Exhibit B) (Mitchell, Kurt) |
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Filing 66
ORDER Response/Briefing Schedule re #64 Motion to Dismiss. Plaintiff's RESPONSE to MOTION TO DISMISS Second Amended Complaint is due on or before September 6, 2019. The brief shall not exceed twenty (20) pages. No reply brief may be submitted without first obtaining leave of court. Signed by Judge J. Nicholas Ranjan on 8/12/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av)
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| Filing 65 BRIEF in Support re #64 Motion to Dismiss Second Amended Complaint filed by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Lautman, Matthew) |
| Filing 64 MOTION to Dismiss Second Amended Complaint re #62 Amended Complaint, by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Lautman, Matthew) |
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Filing 63
ORDER REASSIGNING CASE. Case reassigned to Judge J. Nicholas Ranjan for all further proceedings. Judge Peter J. Phipps no longer assigned to case. Signed by Chief Judge Mark R. Hornak on 08/07/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 62 Second AMENDED COMPLAINT against BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY, filed by CLIFFORD NULL. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Mitchell, Kurt) |
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Filing 61
ORDER directing that, although Judge Peter J. Phipps is no longer the presiding judge of any case pending in this court, the docket in those cases over which he presided will continue to reflect him as the presiding judicial officer until such time as they are reassigned to another judicial officer of this court. Until that time, the Chief Judge or his designee will address any motions or other matters that may require judicial action in those cases; Any inquires regarding these matters shall be directed to Deputy Clerk Beth Abbott at (412) 208-7390. This Order will remain in effect until modified or vacated by further order of court. See order at 2:19-mc-00858. Signed by Chief Judge Mark R. Hornak on 7/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
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| Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Conference held on July 8, 2019 before Judge Peter J. Phipps. Court Reporter Sharon Siatkowski, Telephone number 412-773-3623. 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 7/29/2019. Redaction Request due 8/12/2019. Redacted Transcript Deadline set for 8/22/2019. Release of Transcript Restriction set for 10/21/2019. (sls) |
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Filing 59
ORDER OF COURT. For the reasons set forth on the record, Defendants' Motion to Dismiss for Failure to State a Claim, ECF No. #31 , is hereby GRANTED. Plaintiff's first amended complaint is hereby DISMISSED without prejudice. Plaintiff shall have twenty-one (21) days to file an amended complaint; failure to timely file an amended pleading will result in this action being treated as dismissed with prejudice. Signed by Judge Peter J. Phipps on 07/08/2019. (aju)
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| Filing 58 Minute Entry for proceedings held before Judge Peter J. Phipps: In-Person Status Conference held on 7/8/2019. (Court Reporter: Sharon Siatkowski) (aju) |
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Filing 57
ORDER OF COURT. In light of the filing of #55 Stipulation of Dismissal as to Less Than All Defendants, #25 Motion to Dismiss Plaintiff's Amended Complaint Submitted on Behalf of the Honorable John Foradora and the Honorable Francis Fornelli, #27 Motion to Dismiss Filed on Behalf of Defendant David L. Young, and #29 Rule 12(b)(6) Motion to Dismiss of McCalmont Township and Township Supervisors Heitzenrater, Byerly and Manners are TERMINATED. Signed by Judge Peter J. Phipps on 07/05/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 56
ORDER SCHEDULING IN-PERSON STATUS CONFERENCE. An In-Person Status Conference is scheduled for 7/8/2019 at 2:30 PM in Courtroom 8B before Judge Peter J. Phipps. Signed by Judge Peter J. Phipps on 06/28/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 55 STIPULATION of Dismissal as to Less Than All Defendants re: DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, DAVID L. YOUNG THE HONORABLE FRANCIS FORNELLI and JOHN FORADORA, only. Filed by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, and DAVID L. YOUNG (Rash, Anthony) Modified text on 6/6/2019. (cel) |
| Filing 54 REPORT of Mediation: Case has not been resolved. All claims against Defendants have been resolved except the claims against Bureau Veritas North America, Inc. 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 5/22/2019. (White, David) |
| Filing 53 Notice of Mediation by DAVID B. WHITE. Mediation Date May 22, 2019 at 9:30 a.m. (White, David) |
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Filing 52
ORDER REFERRING CASE to Mediation. David White is appointed as mediator. Mediation to be concluded by 05/31/19. Attendance and fee requirements outlined herein. Signed by Judge Peter J. Phipps on 03/29/19. (eca)
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| Filing 51 Minute Entry for proceedings held before Judge Peter J. Phipps: Telephonic Status Conference held on 3/29/2019. (Court Reporter: Shirley Hall) (eca) |
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Filing 50
ORDER SCHEDULING TELEPHONIC STATUS CONFERENCE. A Telephonic Status Conference is scheduled for 3/29/2019 at 9:00 AM before Judge Peter J. Phipps to discuss #49 Report of the Parties on ADR Process. Counsel for Defendants is directed to manage the call and to contact Chambers at 412-208-7390 once all parties are connected. Signed by Judge Peter J. Phipps on 03/21/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 49 NOTICE of Report of the Parties on ADR Process by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, DAVID L. YOUNG (Rash, Anthony) |
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Filing 48
ORDER OF COURT. The parties shall file a Stipulation Selecting ADR process no later than 03/19/19. The form is available on the Court's website at https://www.pawd.uscourts.gov/sites/pawd/files/ADRSTIP-APRIL2017-w.pdf. Signed by Judge Peter J. Phipps on 03/05/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 47
ORDER OF COURT. All discovery in this matter is STAYED during the pendency of #25 , #27 , #29 , and #31 Motions to Dismiss. Signed by Judge Peter J. Phipps on 03/05/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 46 Minute Entry for proceedings held before Judge Peter J. Phipps: Oral Argument held on 3/5/2019. (Court Reporter: Shirley Hall) (eca) |
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Filing 45
ORDER SCHEDULING ORAL ARGUMENT. Oral argument will be heard 3/5/2019 at 1:30 PM in Courtroom 8B before Judge Peter J. Phipps on the pending Motions to Dismiss at ECF Nos. #25 , #27 , #29 , and #33 . Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 44 REPLY BRIEF re #27 Motion to Dismiss filed by DAVID L. YOUNG. (Attachments: #1 Exhibit 1) (Roman, Dennis) |
| Filing 43 SUPPLEMENT by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP to #29 Motion to Dismiss for Failure to State a Claim. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F) (Rash, Anthony) |
| Filing 42 REPLY BRIEF re #29 Motion to Dismiss for Failure to State a Claim filed by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP. (Attachments: #1 Appendix A - Dkt. Entries) (Rash, Anthony) |
| Filing 41 REPLY BRIEF re #38 Brief in Opposition to Motion, #40 Brief in Opposition to Motion In Support of Motion to Dismiss filed by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Lautman, Matthew) |
| Filing 40 BRIEF in Opposition re #31 Motion to Dismiss for Failure to State a Claim filed by CLIFFORD NULL. (Mitchell, Kurt) |
| Filing 39 BRIEF in Opposition re #27 Motion to Dismiss filed by CLIFFORD NULL. (Mitchell, Kurt) |
| Filing 38 BRIEF in Opposition re #29 Motion to Dismiss for Failure to State a Claim filed by CLIFFORD NULL. (Mitchell, Kurt) |
| Filing 37 REPLY to Response to Motion re #36 Brief in Opposition to Motion filed by JOHN H. FORADORA, FRANCIS FORNELLI. (Liebenguth, Caroline) |
| Filing 36 BRIEF in Opposition re #25 Motion to Dismiss filed by CLIFFORD NULL. (Mitchell, Kurt) |
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Filing 35
ORDER SETTING BRIEFING SCHEDULE. Responses and briefs in opposition to #25 , #27 , #29 , and #31 Motions to Dismiss due by 1/8/2019; Replies due by 1/18/2019. Page limitations set herein. Signed by Judge Peter J. Phipps on 12/04/18. (eca)
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| Filing 34 Errata re #32 Brief in Support of Motion to Dismiss by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. Reason for Correction: Filer Correction. (Lautman, Matthew) |
| Filing 33 Errata re #31 Motion to Dismiss for Failure to State a Claim by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. Reason for Correction: Filer Correction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Lautman, Matthew) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #32 Brief in Support of Motion, #31 Motion to Dismiss for Failure to State a Claim. ERROR: Signature on document and filer do not match for each instance. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the documents using the Errata event for each one, with the signature of the filing attorney. Attorney also instructed to link each ERRATA event to respective entry correcting. This message is for informational purposes only. (jv) |
| Filing 32 BRIEF in Support re #31 Motion to Dismiss for Failure to State a Claim filed by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Ralston, Robert) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BUREAU VERITAS NORTH AMERICA INC., RODNEY SMAY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Ralston, Robert) |
| Filing 30 BRIEF in Support re #29 Motion to Dismiss for Failure to State a Claim filed by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP. (Rash, Anthony) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order) (Rash, Anthony) |
| Filing 28 BRIEF in Support re #27 Motion to Dismiss filed by DAVID L. YOUNG. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Roman, Dennis) |
| Filing 27 MOTION to Dismiss re #20 Amended Complaint by DAVID L. YOUNG. (Attachments: #1 Proposed Order) (Roman, Dennis) |
| Filing 26 BRIEF in Support re #25 Motion to Dismiss filed by JOHN H. FORADORA, FRANCIS FORNELLI. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Liebenguth, Caroline) |
| Filing 25 MOTION to Dismiss re #20 Amended Complaint by JOHN H. FORADORA, FRANCIS FORNELLI. (Attachments: #1 Proposed Order) (Liebenguth, Caroline) |
| Filing 24 BRIEF in Support re #18 Motion to Dismiss of Bureau Veritas and Rodney Smay filed by BUREAU VERITAS NORTH AMERICA INC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Lautman, Matthew) |
| Filing 23 NOTICE of Appearance by Allen P. Page on behalf of DAVID L. YOUNG. (Page, Allen) |
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Filing 22
ORDER OF COURT. In light of the filing of #20 Amended Complaint, #18 Motion to Dismiss is DENIED AS MOOT. Signed by Judge Peter J. Phipps on 11/26/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 21
ORDER REASSIGNING CASE. Case reassigned to Judge Peter J. Phipps for all further proceedings. Judge David S. Cercone no longer assigned to case. All previously scheduled deadlines and proceedings shall remain in effect unless otherwise ordered by the Court. See order at 2:18-mc-1060. Signed by Chief Judge Joy Flowers Conti on 10/31/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
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| Filing 20 AMENDED COMPLAINT against DONALD E BYERLY, JOHN H. FORADORA, FRANCIS FORNELLI, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, RODNEY SMAY, BUREAU VERITAS, DAVID L. YOUNG, filed by CLIFFORD NULL. (Mitchell, Kurt) |
| Filing 19 BRIEF in Support re #18 Motion to Dismiss filed by RODNEY SMAY, BUREAU VERITAS. (Lautman, Matthew) |
| Filing 18 MOTION to Dismiss re #1 Complaint, by RODNEY SMAY, BUREAU VERITAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Lautman, Matthew) |
| Filing 17 Disclosure Statement identifying Bureau Veritas S.A. as corporate parent or other affiliate, by BUREAU VERITAS. (Lautman, Matthew) |
| Filing 16 Errata re #15 Waiver of Service Executed, #12 Waiver of Service Executed, #11 Waiver of Service Executed, #14 Waiver of Service Executed, #13 Waiver of Service Executed by CLIFFORD NULL. Reason for Correction: Service of Waiver Request Date. (Mitchell, Kurt) |
| Filing 15 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. MCCALMONT TOWNSHIP waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 14 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. CAROLYN M HEITZENRATER waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 13 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. DONALD E BYERLY waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 12 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. ORRIE DUANE MANNERS waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 11 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. DAVID L. YOUNG waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 10 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. RODNEY SMAY waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 9 WAIVER OF SERVICE Returned Executed by CLIFFORD NULL. BUREAU VERITAS waiver sent on 10/3/2018, answer due 12/3/2018. (Mitchell, Kurt) |
| Filing 8 NOTICE of Appearance by Robert H C Ralston on behalf of RODNEY SMAY, BUREAU VERITAS. (Ralston, Robert) |
| Filing 7 NOTICE of Appearance by Matthew J. Lautman on behalf of RODNEY SMAY, BUREAU VERITAS. (Lautman, Matthew) |
| Filing 6 NOTICE of Appearance by Samuel H. Simon on behalf of RODNEY SMAY, BUREAU VERITAS. (Simon, Samuel) |
| Filing 5 NOTICE of Appearance by Anthony J. Rash on behalf of DONALD E BYERLY, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, DAVID L. YOUNG. (Rash, Anthony) |
| DEMAND for Trial by Jury by CLIFFORD NULL. (njt) |
| Filing 4 NOTICE of Appearance by Dennis J. Roman on behalf of DAVID L. YOUNG. (Roman, Dennis) |
| Filing 3 WAIVER OF SERVICE Returned Executed by JOHN H. FORADORA. JOHN H. FORADORA waiver sent on 10/2/2018, answer due 12/3/2018. (Liebenguth, Caroline) |
| Filing 2 WAIVER OF SERVICE Returned Executed by FRANCIS FORNELLI. FRANCIS FORNELLI waiver sent on 10/2/2018, answer due 12/3/2018. (Liebenguth, Caroline) |
| Filing 1 COMPLAINT against DONALD E BYERLY, JOHN H. FORADORA, FRANCIS FORNELLI, CAROLYN M HEITZENRATER, ORRIE DUANE MANNERS, MCCALMONT TOWNSHIP, RODNEY SMAY, BUREAU VERITAS, DAVID L. YOUNG (Filing fee, including Administrative fee, $400, receipt number 0315-4882213), filed by CLIFFORD NULL. (Attachments: #1 Civil Cover Sheet) (jd) Modified on 10/2/2018. (jd) SUMMONS ISSUED |
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