STORE CAPITAL ACQUISTIONS, LLC et al v. 5171 CAMPBELLS LAND CO., INC. et al
Plaintiff: STORE MASTER FUNDING XIII, LLC and STORE CAPITAL ACQUISTIONS, LLC
Defendant: FRANK KANE, 5171 CAMPBELLS LAND CO., INC., RON LINABURG and WILLIAM KANE
Case Number: 2:2019cv00685
Filed: June 12, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Peter J Phipps
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2019 Opinion or Order Filing 25 ORDER dismissing #14 Motion to Appoint Receiver Without Prejudice. In light of the Stipulation of the parties #23 and this Courts Order at #24 , this Motion is dismissed without prejudice to its refiling if appropriate. Signed by Chief Judge Mark R. Hornak on 08/03/2019. 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)
July 29, 2019 Opinion or Order Filing 24 ORDER APPROVING #23 Stipulation to 60-Day Interim Stay and General Inapplicability of Automatic Stay as to Guarantors. No later than 10/28/19, Plaintiffs shall inform the Court whether they are prepared to proceed against Guarantor Defendants. Signed by Chief Judge Mark R. Hornak on 07/29/19. (eca)
July 26, 2019 Filing 23 STIPULATION to 60-Day Interim Stay and General Inapplicability of Automatic Stay as to Guarantors by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Proposed Order) (Sacalis, S.)
July 22, 2019 Opinion or Order Filing 22 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, )
July 18, 2019 Opinion or Order Filing 21 ORDER OF COURT. The claims against 5171 Campbells Land Co., Inc. are STAYED. The parties shall have until July 26, 2019, to file a brief, not to exceed seven pages, as to why the claims against the remaining defendants William Kane, Frank Kane, and Ron Linaburg should or should not be stayed as well. Signed by Judge Peter J. Phipps on 07/18/19. (eca)
July 10, 2019 Filing 20 SUGGESTION OF BANKRUPTCY as to 5171 Campbells Land Co., Inc. by 5171 CAMPBELLS LAND CO., INC. (Cooney, Ryan)
July 8, 2019 Opinion or Order Filing 19 ORDER SETTING BRIEFING SCHEDULE: Defendant's Response to Plaintiff's Emergency Motion to Appoint Receiver on an Expedited Basis, ECF No. #14 , is due by 7/12/2019, and shall not exceed 15 pages in length; Plaintiff's Reply is due by 7/16/2019, and shall not exceed 7 pages in length. Signed by Judge Peter J. Phipps on 07/08/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (aju)
July 8, 2019 Filing 18 Minute Entry for proceedings held before Judge Peter J. Phipps: Telephonic Communication on 7/3/2019. (Court Reporter: Richard Ford) (aju)
July 3, 2019 Filing 17 NOTICE of Appearance by John J. Heurich on behalf of RON LINABURG. (Heurich, John)
July 3, 2019 Filing 16 NOTICE of Appearance by Michael Oliverio on behalf of RON LINABURG. (Oliverio, Michael)
July 2, 2019 Filing 15 BRIEF in Support re #14 Motion to Appoint Receiver, filed by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Sacalis, S.)
July 2, 2019 Filing 14 Emergency MOTION to Appoint Receiver on an Expedited Basis by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order, #8 Certificate of Service) (Sacalis, S.)
July 2, 2019 Filing 13 AFFIDAVIT of Service on Defendants 5171 Campbells Land Co., Inc., William Kane, and Ron Linaburg by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC Affiant: Clifford Sacalis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Sacalis, S.)
June 28, 2019 Filing 12 NOTICE of Appearance by Ryan J. Cooney on behalf of 5171 CAMPBELLS LAND CO., INC., WILLIAM KANE. (Cooney, Ryan)
June 28, 2019 Filing 11 NOTICE of Appearance by James R. Cooney on behalf of 5171 CAMPBELLS LAND CO., INC., WILLIAM KANE. (Cooney, James)
June 28, 2019 Filing 10 NOTICE of Appearance by Robert O. Lampl on behalf of 5171 CAMPBELLS LAND CO., INC., WILLIAM KANE. (Lampl, Robert)
June 28, 2019 Opinion or Order Filing 9 ORDER GRANTING #6 Motion for Michael DiGiacomo to Appear Pro Hac Vice. 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)
June 28, 2019 Opinion or Order Filing 8 ORDER GRANTING #5 Motion for Craig S. Ganz to Appear Pro Hac Vice. 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)
June 28, 2019 Opinion or Order Filing 7 ORDER GRANTING #4 Motion for Clifford Sacalis to Appear Pro Hac Vice. 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)
June 27, 2019 Filing 6 MOTION for attorney Michael DiGiacomo to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5190610) by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Affidavit of Michael DiGiacomo, #2 Exhibit A, #3 Proposed Order) (Digiacomo, Michael)
June 27, 2019 Filing 5 MOTION for attorney Craig S. Ganz to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5190592) by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Affidavit of Craig Ganz, #2 Exhibit A, #3 Proposed Order) (Ganz, Craig)
June 27, 2019 Filing 4 MOTION for attorney Clifford Sacalis to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5190245) by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Affidavit of Clifford Sacalis, #2 Exhibit A, #3 Proposed Order) (Sacalis, S.)
June 13, 2019 Filing 3 Summons Issued as to 5171 CAMPBELLS LAND CO., INC., FRANK KANE, WILLIAM KANE, RON LINABURG (Attachments: #1 Summons Frank Kane, #2 Summons Ron Linaburg, #3 Summons William Kane) (ept)
June 12, 2019 Filing 2 Disclosure Statement identifying Store Capital Corporation as corporate parent or other affiliate, by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (ept)
June 12, 2019 Filing 1 COMPLAINT against 5171 CAMPBELLS LAND CO., INC., FRANK KANE, WILLIAM KANE, RON LINABURG (Filing fee, including Administrative fee, $400, receipt number 0315-5171061), filed by STORE CAPITAL ACQUISTIONS, LLC, STORE MASTER FUNDING XIII, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons 5171 Campbells Land Co., #3 Summons Frank Kane, #4 Summons Ron Linaburg, #5 Summons William Kane) (ept) (Additional attachment(s) added on 6/13/2019: #6 Exhibit A-Q) (ept)

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Plaintiff: STORE MASTER FUNDING XIII, LLC
Represented By: Jenny N. Perkins
Represented By: S. Clifford Sacalis
Represented By: Michael A. Digiacomo
Represented By: Craig S. Ganz
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Plaintiff: STORE CAPITAL ACQUISTIONS, LLC
Represented By: Jenny N. Perkins
Represented By: S. Clifford Sacalis
Represented By: Michael A. Digiacomo
Represented By: Craig S. Ganz
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Defendant: FRANK KANE
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Defendant: 5171 CAMPBELLS LAND CO., INC.
Represented By: Robert O. Lampl
Represented By: Ryan J. Cooney
Represented By: James R. Cooney
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Defendant: RON LINABURG
Represented By: Michael Oliverio
Represented By: John J. Heurich
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Defendant: WILLIAM KANE
Represented By: Robert O. Lampl
Represented By: Ryan J. Cooney
Represented By: James R. Cooney
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