SABO et al v. SHANK et al
| RONALD V. SABO and CINDY SABO |
| KUHNLE BROTHERS, INC. and JACOB T. SHANK |
| 2:2018cv01644 |
| December 10, 2018 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Arthur J Schwab |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 6, 2019. A more recent docket listing may be available from PACER.
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Filing 14
CASE MANAGEMENT ORDER: Compliance with provisions of Rule 16 shall becompleted as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by February 28, 2019. Amendments to the pleadings and joinder of additional parties will be completed by March 15, 2019. The ADR process will be stayed and discussed at a telephone status conference on April 11, 2019 at 2:00 PM. Counsel are to call into the conference by dialing 888-363-4749 and enter an access code of 6019141. If asked for a security code, use * to bypass. The parties shall complete fact discovery by July 8, 2019. A status/settlement conference will be held on July 10, 2019 at 11 :00 AM. Trial counsel shall attend and the parties shall be available by telephone. No later than 5 business days prior to the conference any party intending to file a motion for summary judgment shall file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed. All parties are to be prepared to discuss this at the conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/06/2019. (jmb)
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| Filing 13 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: An Initial Case Management Conference was held on 2/6/2019. The truck driver (Shank) has been criminally charged and the case is still pending. Therefore there are 5th amendment issues with him being deposed in this case. In addition, Plaintiff is still treating both with a neurosurgeon and for pulmonary issues. He is not in a position to discuss settlement because he does not yet know the extent and diagnosis of his injuries. In addition, Defendant does not want to get an IME until plaintiff has reached some type of plateau. Plaintiff has also filed for disability with the railroad. Therefore, the parties are not in a position to determine when ADR would be most useful. The Court will enter a scheduling order allowing 150 days for discovery with no ADR deadline. A status conference will be set for 60 days to discuss the timing of ADR. (Court Reporter: none) (jmb) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Stipulation. ERROR 1: Wrong version of form used. 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. CLERK'S OFFICE QUALITY CONTROL MESSAGE ERROR 2: Wrong event selected. CORRECTION: The Stipulation Selecting ADR Process (under ADR Documents) should have been used for this entry. Stipulation only was used. This message is for informational purposes only. (jv) |
| Magistrate Judge Lisa Pupo Lenihan no longer presiding in case. (nll) |
| Judge Arthur J. Schwab presiding and Magistrate Judge Lisa Pupo Lenihan referred. (nll) |
| Filing 12 STIPULATION Selecting ADR Process by KUHNLE BROTHERS, INC., JACOB T. SHANK. (Hettrich, Jordan) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting. (Hettrich, Jordan) |
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Filing 10
ORDER that the initial scheduling conference will be held on February 5, 2019, at 3:00 PM, in Courtroom 7B, U.S. Post Office and Courthouse Building, 700 Grant Street, Pittsburgh, Pennsylvania. Trial counsel shall attend. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/28/2019. (Attachments: #1 Exhibit ADR Form) (jmb)
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| Filing 9 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by KUHNLE BROTHERS, INC., JACOB T. SHANK. (Hettrich, Jordan) |
| Filing 8 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by CINDY SABO, RONALD V. SABO. (McKenna, Mark) |
| Filing 7 Defendants' ANSWER to Complaint and Affirmative Defenses by KUHNLE BROTHERS, INC., JACOB T. SHANK. (Hettrich, Jordan) |
| Filing 6 NOTICE of Appearance by Timothy R. Smith on behalf of KUHNLE BROTHERS, INC., JACOB T. SHANK. (Smith, Timothy) |
| Filing 5 NOTICE of Appearance by John T. Pion on behalf of KUHNLE BROTHERS, INC., JACOB T. SHANK. (Pion, John) |
| Filing 4 Disclosure Statement identifying none as corporate parent or other affiliate, by KUHNLE BROTHERS, INC. (Hettrich, Jordan) |
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Filing 3
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than January 2, 2019. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/12/2018. (Attachments: #1 Exhibit Consent Form) (jmb)
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Filing 2
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/12/2018. (jmb)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Kuhnle Brothers, Inc. did not file disclosure statement as required pursuant 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 12/18/2018. (jv) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD 18-014826 (Filing fee, including Administrative fee, $400, receipt number 0315-4959876), filed by KUHNLE BROTHERS, INC., JACOB T. SHANK. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - Including Complaint) (jv) |
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