MORE THAN GOURMET, INC. v. RIVERBEND FOODS, LLC
Plaintiff: MORE THAN GOURMET, INC.
Defendant: RIVERBEND FOODS, LLC
Case Number: 2:2019cv00808
Filed: July 9, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: David S Cercone
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2019 Filing 32 Minute Entry for proceedings held before Judge David S. Cercone: Initial Case Management Conference held on 8/28/2019. The Clerk met with counsel to determine appropriate measures for further development of the case. After discussion it was agreed that submission of the case to the ADR process will be deferred until the parties have completed some initial discovery. A jury-trial CMO with discovery through November 29, 2019, and a Rule 502(d) order will follow. A status conference with counsel will be set for Thursday, November 7, 2019, at 4:00 p.m. (Court Reporter: none) (mwm)
August 27, 2019 Opinion or Order Filing 31 ORDER re: Case Management Conference set for 8/28/19 at 1:00 p.m. - Out-of-town counsel may participate in the case management conference by dialing 866-390-1828 and entering access code 6977888 at the scheduled time. Signed by Judge David S. Cercone on 8/27/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
August 26, 2019 Opinion or Order Filing 30 ORDER denying #20 Plaintiff's Motion for Summary Judgment and denying as moot #25 Plaintiff's Motion for Leave to File. All as more fully set forth in the order. Signed by Judge David S. Cercone on 8/26/19. (mwm)
August 19, 2019 Filing 29 STIPULATION selecting ADR process by RIVERBEND FOODS, LLC. (Hornak, Samuel)
August 19, 2019 Filing 28 REPLY BRIEF re #26 Response in Opposition, #25 Motion for Leave to File, Concise Statement of Material Facts, Instanter filed by MORE THAN GOURMET, INC.. (Rich, Jonathan)
August 12, 2019 Filing 27 REPORT of Rule 26(f) Planning Meeting. (Hornak, Samuel)
August 8, 2019 Filing 26 RESPONSE IN OPPOSITION to #25 Motion for Leave to File filed by RIVERBEND FOODS, LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Hornak, Samuel)
August 8, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #24 Notice. ERROR: Documents filed are discovery. CORRECTION: Documents removed from public view. Documents are discovery and do not get filed. This message is for informational purposes only. (nll)
August 5, 2019 Filing 25 MOTION for Leave to File Concise Statement of Material Facts to Motion for Summary Judgment filed July 24, 2019 by MORE THAN GOURMET, INC.. (Attachments: #1 Exhibit A: Concise Statement of Material Facts to Motion for Summary Judgment filed July 24, 2019, #2 Proposed Order Judgment Entry) (Rich, Jonathan)
August 5, 2019 Filing 24 NOTICE Of Filing Disclosures Required by Fed. R. Civ. P. (26(a)(1)(A) by MORE THAN GOURMET, INC. (Attachments: #1 Exhibit A: Disclosures Of Plaintiff Pursuant to Fed.R. Civ. P. 26(a)(1)(A)) (Rich, Jonathan) Documents removed from public view. Documents are discovery and do not get filed. Modified text on 8/8/2019. (nll)
July 31, 2019 Filing 23 ANSWER to #1 Complaint, by RIVERBEND FOODS, LLC. (Hornak, Samuel)
July 29, 2019 Filing 22 Proposed Order re #20 Motion for Summary Judgment, by MORE THAN GOURMET, INC.. (Rich, Jonathan)
July 25, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion for Summary Judgment. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Memorandum in Support of Motion for Summary Judgment. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion for Summary Judgment. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (nll)
July 24, 2019 Filing 21 BRIEF in Support re #20 Motion for Summary Judgment filed by MORE THAN GOURMET, INC. (nll)
July 24, 2019 Filing 20 MOTION for Summary Judgment by MORE THAN GOURMET, INC. (Attachments: #1 Memorandum in Support to Motion for Summary Judgment, #2 Affidavit Mary Lynn Powell, #3 Affidavit Jeff Witherite) (Rich, Jonathan) Attachment (1) removed from public view and redocketed at #21 . Modified text on 7/25/2019. (nll)
July 23, 2019 Update Answer Deadline: Answer due from RIVERBEND FOODS, LLC on 7/31/2019 (nll)
July 22, 2019 Filing 19 STIPULATION re #1 Complaint, Extending Time to Respond by RIVERBEND FOODS, LLC. (Hornak, Samuel)
July 17, 2019 Opinion or Order Filing 18 ORDER scheduling Initial Case Management Conference for 8/28/19 at 1:00 PM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 8/9/19. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 8/19/19. Signed by Judge David S. Cercone on 7/17/19. (njt)
July 16, 2019 Opinion or Order Filing 17 TEXT-ORDER granting #16 Motion for Appearance Pro Hac Vice of Attorney Jonathan A. Rich on behalf of plaintiff. Signed by Judge David S. Cercone on 7/16/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
July 15, 2019 Filing 16 MOTION for attorney Jonathan A. Rich to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5210365) by MORE THAN GOURMET, INC.. (Attachments: #1 Affidavit, #2 Exhibit) (Rich, Jonathan)
July 11, 2019 Filing 15 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. (kak)
July 10, 2019 Filing 14 NOTICE of Appearance by Vincent M. Roskovensky on behalf of RIVERBEND FOODS, LLC. (Roskovensky, Vincent)
July 10, 2019 Filing 13 NOTICE of Appearance by Samuel A. Hornak on behalf of RIVERBEND FOODS, LLC. (Hornak, Samuel)
July 9, 2019 Filing 12 Case transferred in from District of Ohio Northern; Case Number 5:19-cv-01176. Original file certified copy of transfer order and docket sheet received.
July 8, 2019 Filing 11 Agreed Judgment Entry: The Court finds and the parties agree that it is in the interest of justice that this matter be transferred to the United States District Court for the Western District of Pennsylvania. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the instant matter shall be and hereby is transferred to the United States District Court for the Western District of Pennsylvania. Judge Sara Lioi on 7/8/2019. (O,K)
July 8, 2019 Case electronically transferred to United States District Court for the Western District of Pennsylvania on 7/8/2019. (O,K)
July 3, 2019 Filing 10 Proposed Order Agreed Judgment Entry filed by More Than Gourmet, Inc.. (Rich, Jonathan)
June 25, 2019 Filing 9 Motion for extension of time until July 2, 2019 to file response/reply to #6 Motion to dismiss for improper venue filed by Plaintiff More Than Gourmet, Inc.. Related document(s) #6 . (Rich, Jonathan)
June 25, 2019 Opinion or Order Order [non-document] granting #9 plaintiff's Motion for Extension of Time to File Response re #6 defendant's Motion to dismiss for improper venue; under Local Rule 7.1(d), plaintiff's response is not due until 7/12/2019; under Local Rule 7.1(e), defendant's reply will be due 7/26/2019. Judge Sara Lioi on 6/25/2019. (D,S)
June 14, 2019 Filing 8 Corporate Disclosure Statement filed by Riverbend Foods, LLC. (Agosta, Anthony)
June 12, 2019 Filing 7 Brief in Support of Motion to Dismiss for Improper Venue filed by Riverbend Foods, LLC. Related document(s) #6 . (Attachments: #1 Exhibit 1: Certification ) (Agosta, Anthony)
June 12, 2019 Filing 6 Motion to dismiss for improper venue filed by Defendant Riverbend Foods, LLC. (Attachments: #1 Proposed Order)(Agosta, Anthony)
June 6, 2019 Filing 5 Notice of Service of Complaint filed by More Than Gourmet, Inc.. Related document(s) #1 .(Rich, Jonathan)
May 31, 2019 Filing 4 Initial Standing Order. Judge Sara Lioi on 5/31/2019. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List)(T,Je)
May 21, 2019 Filing 3 Corporate Disclosure Statement filed by More Than Gourmet, Inc.. (Rich, Jonathan)
May 21, 2019 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Riverbend Foods, LLC. (Attachments: #1 Magistrate Consent Form) (M,TL)
May 21, 2019 Filing 1 Complaint against Riverbend Foods, LLC. Filing fee paid $ 400, receipt number 0647-9321237, filed by More Than Gourmet, Inc. (Attachments: #1 Exhibit A - Purchase Order, #2 Exhibit B- Invoice, #3 Exhibit C- Sellers Terms and Conditions, #4 Civil Cover Sheet, #5 Summons in Civil Action) (Rich, Jonathan)
May 21, 2019 Judge Sara Lioi assigned to case. (M,TL)
May 21, 2019 Notice by Clerk that More Than Gourmet, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,TL)
May 21, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL)

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Defendant: RIVERBEND FOODS, LLC
Represented By: Anthony A. Agosta
Represented By: Vincent M. Roskovensky
Represented By: Samuel A. Hornak
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Plaintiff: MORE THAN GOURMET, INC.
Represented By: Jonathan A. Rich
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