THE CLAUDE WORTHINGTON BENEDUM FOUNDATION v. THE BANK OF NEW YORK MELLON CORPORATION
Plaintiff: THE CLAUDE WORTHINGTON BENEDUM FOUNDATION
Defendant: THE BANK OF NEW YORK MELLON, CORPORATION and THE BANK OF NEW YORK MELLON CORPORATION
Case Number: 2:2019cv00132
Filed: February 6, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Peter J Phipps
Referring Judge: Arthur J Schwab
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 June 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2019 Filing 25 SEALED DOCUMENT by THE BANK OF NEW YORK MELLON CORPORATION, THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. This document Sealed pursuant to #20 Order on Motion for Leave to File Documents Under Seal (sdp)
March 19, 2019 Opinion or Order Filing 24 ORDER SETTING BRIEFING SCHEDULE. Response to #22 Motion to Dismiss Amended Complaint due by 4/9/2019; Reply due by 4/23/2019. Page limitations outlined herein. Signed by Judge Peter J. Phipps on 03/19/19. (eca)
March 18, 2019 Filing 23 BRIEF in Support re #22 Motion to Dismiss for Failure to State a Claim filed by THE BANK OF NEW YORK MELLON CORPORATION. (Attachments: #1 Exhibit A Filed Under Seal) (Butcher, Jayme)
March 18, 2019 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE BANK OF NEW YORK MELLON CORPORATION. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order, #3 Exhibit A Filed Under Seal) (Butcher, Jayme)
March 12, 2019 Opinion or Order Filing 21 ORDER REFERRING CASE BACK to Judge Peter J. Phipps. The referral to Magistrate Judge Lisa Pupo Lenihan is TERMINATED. Signed by Judge Peter J. Phipps on 03/12/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
March 11, 2019 Opinion or Order Filing 20 ORDER GRANTING the #19 MOTION for Leave to File Documents Under Seal. Defendant is granted leave to file, under seal, the settlement agreement as an exhibit to its Motion to Dismiss the Amended Complaint. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/11/2019. (jmb) Modified text on 3/12/2019. (sdp)
March 7, 2019 Filing 19 MOTION for Leave to File Documents Under Seal by THE BANK OF NEW YORK MELLON CORPORATION. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: #1 Proposed Order) (Butcher, Jayme)
March 5, 2019 Opinion or Order Filing 18 ORDER DISMISSING AS MOOT the (ECF No. #9 ) Motion to Dismiss. An (ECF No #14 ) Amended Complaint was filed March 4, 2019, rendering this motion MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/05/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
March 5, 2019 Magistrate Judge Lisa Pupo Lenihan no longer presiding in case. (nll)
March 5, 2019 Judge Peter J. Phipps presiding and Magistrate Judge Lisa Pupo Lenihan referred. (nll)
March 4, 2019 Opinion or Order Filing 17 ORDER that, pursuant to the Order (ECF No. 16) entered March 4, 2019, the #12 MOTION for Leave to File Exhibits Under Seal is WITHDRAWN. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/04/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
March 4, 2019 Opinion or Order Filing 16 ORDER GRANTING the #15 Motion to Withdraw #12 MOTION for Leave to File Exhibits Under Seal . Signed by Magistrate Judge Lisa Pupo Lenihan on 03/04/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
March 4, 2019 Filing 15 MOTION to Withdraw #12 MOTION for Leave to File Documents Under Seal by THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. (Attachments: #1 Proposed Order) (Archinaco, Jason)
March 4, 2019 Filing 14 AMENDED COMPLAINT against THE BANK OF NEW YORK MELLON CORPORATION; THE BANK OF NEW YORK MELLON CORPORATION answer due 3/18/2019, filed by THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Archinaco, Jason)
February 28, 2019 Filing 13 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by THE BANK OF NEW YORK MELLON, CORPORATION. (Butcher, Jayme)
February 27, 2019 Filing 12 MOTION for Leave to File Documents Under Seal by THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. (Attachments: #1 Proposed Order) (Archinaco, Jason)
February 14, 2019 Filing 11 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. (Archinaco, Jason)
February 13, 2019 Filing 10 BRIEF in Support re #9 Motion to Dismiss for Failure to State a Claim filed by THE BANK OF NEW YORK MELLON, CORPORATION. (Attachments: #1 Exhibit A) (Butcher, Jayme)
February 13, 2019 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THE BANK OF NEW YORK MELLON, CORPORATION. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Butcher, Jayme)
February 8, 2019 Filing 8 NOTICE of Appearance by Michael A. O'Leary on behalf of THE CLAUDE WORTHINGTON BENEDUM FOUNDATION. (O'Leary, Michael)
February 7, 2019 Opinion or Order Filing 7 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 February 28, 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 02/07/2019. (Attachments: #1 Exhibit Consent Form) (jmb)
February 7, 2019 Opinion or Order Filing 6 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 02/07/2019. (jmb)
February 7, 2019 Filing 5 NOTICE of Appearance by Jayme L. Butcher on behalf of THE BANK OF NEW YORK MELLON, CORPORATION. (Butcher, Jayme)
February 7, 2019 Opinion or Order Filing 4 TEXT ORDER OF RECUSAL. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 2/7/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
February 7, 2019 Magistrate Judge Lisa Pupo Lenihan presiding. (nll)
February 6, 2019 Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, by THE BANK OF NEW YORK MELLON, CORPORATION. (English, Shawna)
February 6, 2019 Filing 2 NOTICE of Appearance by Shawna J. English on behalf of THE BANK OF NEW YORK MELLON, CORPORATION. (English, Shawna)
February 6, 2019 Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD18-12105 with jury demand Copies attached: Complaint, Notice of Appearance, Praecipe for writ of summons (Filing fee, including Administrative fee, $400, receipt number 315-5019334), filed by THE BANK OF NEW YORK MELLON, CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (sdp)

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Plaintiff: THE CLAUDE WORTHINGTON BENEDUM FOUNDATION
Represented By: Jason A. Archinaco
Represented By: Michael A. O'Leary
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Defendant: THE BANK OF NEW YORK MELLON, CORPORATION
Represented By: Jayme L. Butcher
Represented By: Shawna J. English
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Defendant: THE BANK OF NEW YORK MELLON CORPORATION
Represented By: Jayme L. Butcher
Represented By: Shawna J. English
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