NVR, INC. v. MAJESTIC HILLS, L.L.C. et al
Plaintiff: NVR, INC.
Defendant: ALTON INDUSTRIES, INC., SHARI DENARDO, PENNSYLVANIA SOIL AND ROCK INCORPORATED, JND PROPERTIES, LLC, JOSEPH N. DENARDO, MAJESTIC HILLS, L.L.C. and MARK R. BRASHEAR
Case Number: 2:2018cv01335
Filed: October 5, 2018
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Mark R Hornak
Referring Judge: Peter J Phipps
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2018 Opinion or Order Filing 58 BRIEF in Support re #57 Motion to Dismiss for Failure to State a Claim filed by ALTON INDUSTRIES, INC.. (Plonski, Stephen)
December 3, 2018 Opinion or Order Filing 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALTON INDUSTRIES, INC.. (Attachments: #1 Proposed Order) (Plonski, Stephen)
December 3, 2018 Opinion or Order Filing 56 ORDER RESCHEDULING INITIAL SCHEDULING CONFERENCE. The Initial Scheduling Conference previously scheduled for 12/14/18 at 10:00 AM is hereby RESCHEDULED for 12/14/18 at 3:00 PM in Courtroom 8B before Judge Peter J. Phipps. Signed by Judge Peter J. Phipps on 12/03/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
November 29, 2018 Opinion or Order Filing 55 Errata re #51 Response in Opposition by ALTON INDUSTRIES, INC.. Reason for Correction: Signature did not match filer. (Plonski, Stephen)
November 29, 2018 Opinion or Order Filing 54 ORDER SETTING INITIAL SCHEDULING CONFERENCE. Rule 26(f) Report due 12/7/2018. ADR Stipulation due 12/11/2018. Initial Case Management Conference set for 12/14/2018 at 10:00 AM in Courtroom 8B before Judge Peter J. Phipps. Signed by Judge Peter J. Phipps on 11/29/18. (eca)
November 29, 2018 Opinion or Order Filing 53 ORDER RE: #43 Plaintiff's Motion for Rule 16 Initial Scheduling Conference and Leave for Parties to Begin Discovery Immediately. The motion is DENIED. An order setting an initial scheduling conference will be forthcoming, and the parties will have the opportunity to address the feasibility of an accelerated discovery schedule at that time. Signed by Judge Peter J. Phipps on 11/29/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
November 29, 2018 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #51 Response in Opposition. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ept)
November 28, 2018 Opinion or Order Filing 52 BRIEF in Opposition re #43 Motion to Expedite filed by JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C.. (McGinnis, Thomas)
November 28, 2018 Opinion or Order Filing 51 RESPONSE IN OPPOSITION to #43 Motion to Expedite, filed by ALTON INDUSTRIES, INC.. (Plonski, Stephen) Document removed from public view and redocketed at #55 . Modified text on 11/30/2018. (ept)
November 28, 2018 Opinion or Order Filing 50 NOTICE of Appearance by Stephen P. Plonski on behalf of ALTON INDUSTRIES, INC.. (Plonski, Stephen)
November 28, 2018 Opinion or Order Filing 49 BRIEF in Opposition re #43 Motion to Expedite filed by MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Marcel, Henri)
November 21, 2018 Opinion or Order Filing 48 REPLY BRIEF re #33 Motion to Dismiss for Failure to State a Claim filed by MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Attachments: #1 Exhibit B) (Marcel, Henri)
November 21, 2018 Opinion or Order Filing 47 ORDER REASSIGNING CASE. Case reassigned to Judge Peter J. Phipps for all further proceedings. Judge Mark R. Hornak 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 11/20/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
November 18, 2018 Opinion or Order Filing 46 ORDER denying #16 Motion to Expedite Without Prejudice. The relief sought in this Motion will be considered in the context of the disposition of the Motion at #43 . Signed by Judge Mark R. Hornak on 11/18/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark)
November 16, 2018 Opinion or Order Filing 45 ORDER. On or before 11/28/18, counsel for the Defendants shall respond to #43 Motion to Expedite. Signed by Judge Mark R. Hornak on 11/16/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 15, 2018 Opinion or Order Filing 44 BRIEF in Support re #43 Motion to Expedite Plaintiff's Brief in Support of Motion for Rule 16 Initial Scheduling Conference and Leave for Parties to Begin Discovery Immediately filed by NVR, INC.. (Gallagher, Kathleen)
November 15, 2018 Opinion or Order Filing 43 MOTION to Expedite Plaintiff's Motion for Rule 16 Initial Scheduling Conference and Leave for Parties to Begin Discovery Immediately by NVR, INC.. (Attachments: #1 Proposed Order) (Gallagher, Kathleen)
November 15, 2018 Opinion or Order Filing 42 Disclosure Statement identifying None as corporate parent or other affiliate, by PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Marcel, Henri)
November 15, 2018 Opinion or Order Filing 41 NOTICE of Appearance by Henri Marcel on behalf of MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Marcel, Henri)
November 14, 2018 Opinion or Order Filing 40 BRIEF in Opposition re #33 Motion to Dismiss for Failure to State a Claim filed by NVR, INC.. (Gallagher, Kathleen)
November 14, 2018 Opinion or Order Filing 39 RESPONSE IN OPPOSITION to #33 Motion to Dismiss for Failure to State a Claim, filed by NVR, INC.. (Attachments: #1 Proposed Order) (Gallagher, Kathleen)
November 9, 2018 Opinion or Order Filing 38 ORDER GRANTING #37 Motion for Scott E. North to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 11/9/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
November 8, 2018 Opinion or Order Filing 37 MOTION for attorney Scott E. North to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4927122) by NVR, INC.. (Attachments: #1 Affidavit of Scott E. North) (North, Scott)
November 5, 2018 Opinion or Order Filing 36 Disclosure Statement identifying None as corporate parent or other affiliate, by ALTON INDUSTRIES, INC.. (Arcovio, Robert)
November 5, 2018 Opinion or Order Filing 35 NOTICE of Appearance by Robert A. Arcovio on behalf of ALTON INDUSTRIES, INC.. (Arcovio, Robert)
October 31, 2018 Opinion or Order Filing 34 BRIEF in Support re #33 Motion to Dismiss for Failure to State a Claim filed by MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Attachments: #1 Exhibit A) (Morgenstern, John)
October 31, 2018 Opinion or Order Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Attachments: #1 Proposed Order) (Morgenstern, John)
October 25, 2018 Opinion or Order Filing 32 Minute Entry for proceedings held before Judge Mark R. Hornak: Telephonic Status Conference held on 10/25/18. (Court Reporter: Deborah Rowe) (jad)
October 25, 2018 Opinion or Order Filing 31 ORDER GRANTING #29 Motion for James D. Curphey to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/25/18. (bdb)
October 25, 2018 Opinion or Order Filing 30 ORDER GRANTING #28 Motion for Jay A. Yurkiw to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 10/25/18. (bdb)
October 24, 2018 Opinion or Order Filing 29 MOTION for attorney James D. Curphey to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4909281) by NVR, INC.. (Attachments: #1 Affidavit) (Curphey, James)
October 24, 2018 Opinion or Order Filing 28 MOTION for attorney Jay A. Yurkiw to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4909183) by NVR, INC.. (Attachments: #1 Affidavit) (Yurkiw, Jay)
October 24, 2018 Opinion or Order Filing 27 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 10/25/18 at 2:00 PM before Judge Mark R. Hornak. The Court will conduct the call via an AT&T dial-in number. The information required to participate can be found at #5 AT&T Scheduling Notice for all Telephonic Status Conferences. Please use dial-in No. 1 for this conference. Signed by Judge Mark R. Hornak on 10/24/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 23, 2018 Opinion or Order Filing 26 BRIEF in Opposition re #16 Motion to Expedite filed by MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Attachments: #1 Exhibit A, #2 Exhibit B) (Morgenstern, John)
October 23, 2018 Opinion or Order Filing 25 NOTICE of Appearance by John P. Morgenstern on behalf of MARK R. BRASHEAR, PENNSYLVANIA SOIL AND ROCK INCORPORATED. (Morgenstern, John)
October 23, 2018 Opinion or Order Filing 24 BRIEF in Opposition re #16 Motion to Expedite filed by JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C.. (McGinnis, Thomas)
October 19, 2018 Opinion or Order Filing 23 Disclosure Statement identifying None as corporate parent or other affiliate, by JND PROPERTIES, LLC. (McGinnis, Thomas)
October 19, 2018 Opinion or Order Filing 22 Disclosure Statement identifying None as corporate parent or other affiliate, by MAJESTIC HILLS, L.L.C.. (McGinnis, Thomas)
October 16, 2018 Opinion or Order Filing 21 ORDER. On or before 10/23/18, counsel for the Defendants shall respond to #16 Motion to Expedite. Signed by Judge Mark R. Hornak on 10/16/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb)
October 16, 2018 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #18 Notice of Appearance, #20 Notice of Appearance, #19 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant to L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 10/23/2018. (ept)
October 15, 2018 Opinion or Order Filing 20 NOTICE of Appearance by Karin M. Romano on behalf of JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C.. (Romano, Karin)
October 15, 2018 Opinion or Order Filing 19 NOTICE of Appearance by Thomas E. Zumpella on behalf of JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C.. (Zumpella, Thomas)
October 15, 2018 Opinion or Order Filing 18 NOTICE of Appearance by Thomas P. McGinnis on behalf of JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C.. (McGinnis, Thomas)
October 15, 2018 Opinion or Order Filing 17 BRIEF in Support re #16 Motion to Expedite - Plaintiff's Brief in Support of Emergency Motion for Expedited Mediation filed by NVR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Gallagher, Kathleen)
October 15, 2018 Opinion or Order Filing 16 MOTION to Expedite - Plaintiff's Emergency Motion for Expedited Mediation by NVR, INC.. (Attachments: #1 Proposed Order) (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 15 SUMMONS/Return of Service Returned Executed by NVR, INC.. PENNSYLVANIA SOIL AND ROCK INCORPORATED served on 10/11/2018, answer due 11/1/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 14 SUMMONS/Return of Service Returned Executed by NVR, INC.. MARK R. BRASHEAR served on 10/11/2018, answer due 11/1/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 13 SUMMONS/Return of Service Returned Executed by NVR, INC.. ALTON INDUSTRIES, INC. served on 10/11/2018, answer due 11/1/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed by NVR, INC.. SHARI DENARDO waiver sent on 10/9/2018, answer due 12/10/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed by NVR, INC.. MAJESTIC HILLS, L.L.C. waiver sent on 10/9/2018, answer due 12/10/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed by NVR, INC.. JOSEPH N. DENARDO waiver sent on 10/9/2018, answer due 12/10/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 9 WAIVER OF SERVICE Returned Executed by NVR, INC.. JND PROPERTIES, LLC waiver sent on 10/9/2018, answer due 12/10/2018. (Gallagher, Kathleen)
October 11, 2018 Opinion or Order Filing 8 NOTICE of Appearance by Carolyn Batz McGee on behalf of NVR, INC.. (McGee, Carolyn)
October 11, 2018 Opinion or Order Filing 7 NOTICE of Appearance by Devin A. Winklosky on behalf of NVR, INC.. (Winklosky, Devin)
October 11, 2018 Opinion or Order Filing 6 NOTICE of Appearance by Russell D. Giancola on behalf of NVR, INC.. (Giancola, Russell)
October 11, 2018 Opinion or Order Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad)
October 11, 2018 Opinion or Order Filing 4 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 10/11/18. (jad)
October 11, 2018 Opinion or Order Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad)
October 9, 2018 Opinion or Order Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by NVR, INC. (ept)
October 9, 2018 Opinion or Order Summons Issued as to ALTON INDUSTRIES, INC., MARK R. BRASHEAR, JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C., PENNSYLVANIA SOIL AND ROCK INCORPORATED. (ept)
October 5, 2018 Opinion or Order Filing 1 COMPLAINT against ALTON INDUSTRIES, INC., MARK R. BRASHEAR, JOSEPH N. DENARDO, SHARI DENARDO, JND PROPERTIES, LLC, MAJESTIC HILLS, L.L.C., PENNSYLVANIA SOIL AND ROCK INCORPORATED (Filing fee, including Administrative fee, $400, receipt number 0315-4887136), filed by NVR, INC. (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, #9 Exhibit I, #10 Summons Majestic Hills, #11 Summons JND Properties, #12 Summons Pennsylvania Soil and Rock Incorporated, #13 Summons Brashear, #14 Summons Alton Industries, #15 Summons Joseph Denardo, #16 Summons Shari Denardo) (ept)

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Search for this case: NVR, INC. v. MAJESTIC HILLS, L.L.C. et al
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Plaintiff: NVR, INC.
Represented By: Kathleen A. Gallagher
Represented By: Devin A. Winklosky
Represented By: Russell D. Giancola
Represented By: Carolyn Batz McGee
Represented By: Jay A. Yurkiw
Represented By: James D. Curphey
Represented By: Scott E. North
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Defendant: ALTON INDUSTRIES, INC.
Represented By: Robert A. Arcovio
Represented By: Stephen P. Plonski
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Defendant: SHARI DENARDO
Represented By: Thomas E. Zumpella
Represented By: Karin M. Romano
Represented By: Thomas P. McGinnis
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Defendant: PENNSYLVANIA SOIL AND ROCK INCORPORATED
Represented By: John P. Morgenstern
Represented By: Henri Marcel
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Defendant: JND PROPERTIES, LLC
Represented By: Thomas E. Zumpella
Represented By: Karin M. Romano
Represented By: Thomas P. McGinnis
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Defendant: JOSEPH N. DENARDO
Represented By: Thomas E. Zumpella
Represented By: Karin M. Romano
Represented By: Thomas P. McGinnis
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Defendant: MAJESTIC HILLS, L.L.C.
Represented By: Thomas E. Zumpella
Represented By: Karin M. Romano
Represented By: Thomas P. McGinnis
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Defendant: MARK R. BRASHEAR
Represented By: John P. Morgenstern
Represented By: Henri Marcel
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