DELL'AQUILA v. ARDEN RIVER DEVELOPMENT, INC. et al
Plaintiff: DAVID DELL'AQUILA
Defendant: JOHN T. BURGER, ARDEN RIVER DEVELOPMENT, INC. and JOHN DOE
Case Number: 2:2019cv01121
Filed: September 3, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Nora Barry Fischer
Referring Judge: William S Stickman
Nature of Suit: Stockholders Suits
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2019 Opinion or Order Filing 33 ORDER OF COURT. #32 Notice - Certificate of Service for Interrogatories filed by DAVID DELL'AQUILA is STRICKEN and will be removed from public view. Discovery related documents are not to be filed with the Court. Signed by Judge William S. Stickman on 10/31/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 30, 2019 Filing 32 NOTICE - Certificate of Service for Plaintiff's First Set of Interrogatories and Request for the Production of Documents Directed to the Defendant. by DAVID DELL'AQUILA (Schuchardt, Elliott)
October 29, 2019 Opinion or Order Filing 31 ORDER OF COURT. #30 Motion for Reconsideration is DENIED. Signed by Judge William S. Stickman on 10/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 28, 2019 Filing 30 MOTION for Reconsideration re 29 Order on Motion for Order Imposing Constructive Trust, by DAVID DELL'AQUILA. (Attachments: #1 Proposed Order, #2 Memorandum of Law in Support of Motion) (Schuchardt, Elliott) Modified text on 10/29/2019. (jm)
October 28, 2019 Opinion or Order Filing 29 ORDER DENYING WITHOUT PREJUDICE #19 Motion for Order Imposing Constructive Trust on Proceeds from the Sale of Arden River's Assets. The Plaintiff's Motion does not clearly demonstrate that he is entitled to the requested relief. Signed by Judge William S. Stickman on 10/28/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 26, 2019 Filing 28 BRIEF in Opposition re #19 Motion for Miscellaneous Relief, Imposing Constructive Trust filed by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Rubb, Bernard)
October 21, 2019 Opinion or Order Filing 27 ORDER OF COURT. In light of the filing of #26 Second Amended Complaint, #20 Motion to Dismiss is DENIED AS MOOT. Signed by Judge William S. Stickman on 10/21/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 21, 2019 Filing 26 Second AMENDED COMPLAINT against ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER, JOHN DOE ARDEN RIVER DEVELOPMENT, INC. answer due 11/4/2019; JOHN T. BURGER answer due 11/4/2019; JOHN DOE answer due 11/4/2019, filed by DAVID DELL'AQUILA. (Schuchardt, Elliott)
October 21, 2019 Opinion or Order Filing 25 ORDER GRANTING #24 Motion to For Leave to File Amended Complaint in Response to Preliminary Objections. Signed by Judge William S. Stickman on 10/21/19. (eca)
October 18, 2019 Filing 24 MOTION to Amend/Correct - For Leave to File Amended Complaint in Response to Preliminary Objections by DAVID DELL'AQUILA. (Attachments: #1 Proposed Amended Complaint, #2 Memorandum of Law in Support of Motion, #3 Proposed Order) (Schuchardt, Elliott)
October 17, 2019 Opinion or Order Filing 23 ORDER SETTING BRIEFING SCHEDULE. Response to #19 Motion for Order Imposing Constructive Trust on Proceeds from the Sale of Arden River's Assets, not to exceed ten pages, due by 10/25/2019. Signed by Judge William S. Stickman on 10/17/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
October 17, 2019 Opinion or Order Filing 22 ORDER SETTING BRIEFING SCHEDULE. Response to #20 Motion to Dismiss due by 11/7/2019; Reply due by 11/14/2019. Page limitations outlined herein. Signed by Judge William S. Stickman on 10/17/19. (eca)
October 16, 2019 Filing 21 BRIEF in Support re #20 Motion to Dismiss for Failure to State a Claim filed by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Rubb, Bernard)
October 16, 2019 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Rubb, Bernard)
October 14, 2019 Filing 19 MOTION for Order Imposing Constructive Trust on Proceeds from the Sale of Arden River's Assets by DAVID DELL'AQUILA. (Attachments: #1 Memorandum of Law in Support of Motion for Constructive Trust, #2 Proposed Order) (Schuchardt, Elliott)
October 9, 2019 Filing 18 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Rubb, Bernard)
October 3, 2019 Opinion or Order Filing 17 ORDER GRANTING #15 Motion for Extension of Time to Answer. Defendants shall answer or otherwise plead on or before 10/14/19. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED. Signed by Judge William S. Stickman on 10/03/19. (eca)
October 3, 2019 Filing 16 RESPONSE to Motion re #15 MOTION for Extension of Time to File Answer re #11 Amended Complaint, filed by DAVID DELL'AQUILA filed by DAVID DELL'AQUILA. (Schuchardt, Elliott)
October 3, 2019 Filing 15 MOTION for Extension of Time to File Answer re #11 Amended Complaint, filed by DAVID DELL'AQUILA by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Proposed Order) (Rubb, Bernard)
September 26, 2019 Filing 14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DAVID DELL'AQUILA. (Schuchardt, Elliott)
September 25, 2019 Opinion or Order Filing 13 ORDER OF COURT. By October 9, 2019, each party must execute and file the judge election form available at https://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Through that filing, each party must either consent to the jurisdiction of a United States Magistrate Judge or select the option to proceed before a United States District Judge. If all parties consent to have the case assigned to a United States Magistrate Judge, the matter will be referred to the Clerk of Court for reassignment. Signed by Judge William S. Stickman on 09/25/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
September 24, 2019 Judge William S. Stickman presiding. (nll)
September 19, 2019 Opinion or Order Filing 12 ORDER indicating that that the Clerk of Court reassign this action to another member of the Court for all further proceedings. Signed by Judge Nora Barry Fischer on 9/19/19. (jg)
September 19, 2019 Filing 11 AMENDED COMPLAINT against ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER, JOHN DOE; ARDEN RIVER DEVELOPMENT, INC. answer due 10/3/2019; JOHN T. BURGER answer due 10/3/2019, filed by DAVID DELL'AQUILA. (Attachments: #1 Exhibit A - Valbridge Appraisal, #2 Exhibit B - Integra Appraisal, #3 Exhibit C - Bank Commitment Letter, #4 Exhibit D - Robb Letter of Intent, #5 Exhibit E - Letter re Proposed Sale) (Schuchardt, Elliott)
September 19, 2019 Opinion or Order Filing 10 ORDER granting #9 Plaintiff's Motion to File Amended Complaint; that said Amended Complaint shall be filed by 9/26/19. Signed by Judge Nora Barry Fischer on 9/19/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 19, 2019 Filing 9 MOTION to Amend/Correct Complaint by DAVID DELL'AQUILA. (Attachments: #1 Proposed First Amended Complaint, #2 Proposed Order, #3 Brief in Support of Motion for Leave to Amend) (Schuchardt, Elliott)
September 18, 2019 Filing 8 SUPPLEMENT by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER to #6 Motion for Extension of Time to File Answer. (Rubb, Bernard)
September 18, 2019 Opinion or Order Filing 7 ORDER indicating that Defendants' Motion for Extension of Time to Move or Plead in Response to Complaint #6 is granted and that Defendants shall answer or otherwise respond to Plaintiff' Complaint by no later than 9/27/19; that Plaintiff's Motion for Default Judgment #5 is denied, no Clerk's Entry of Default having been entered in this matter and the Court now having granted Defendants' Motion for Extension to Response to Complaint. Signed by Judge Nora Barry Fischer on 9/18/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
September 18, 2019 Filing 6 MOTION for Extension of Time to File Answer by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Proposed Order) (Rubb, Bernard)
September 18, 2019 Filing 5 MOTION for Default Judgment against ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER by DAVID DELL'AQUILA. (Attachments: #1 Proposed Order, #2 Memorandum of Law in Support of Motion) (Schuchardt, Elliott)
September 4, 2019 Filing 4 AFFIDAVIT of Service of Preliminary Notices Upon Defendant, by DAVID DELL'AQUILA Affiant: Elliott J. Schuchardt. (Schuchardt, Elliott)
September 4, 2019 Opinion or Order Filing 3 ORDER RE: 12(b) MOTIONS (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 9/4/19. (jg)
September 4, 2019 Filing 2 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. (jg)
September 3, 2019 Filing 1 NOTICE OF REMOVAL from Allegheny County Court of Common Pleas, case number GD 19-008890 with Jury Demand. Copies attached: Complaint (Filing fee, including Administrative fee, $400, receipt number 0315-5270408), filed by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet) (jjg)

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Defendant: JOHN T. BURGER
Represented By: Bernard S. Rubb
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Defendant: ARDEN RIVER DEVELOPMENT, INC.
Represented By: Bernard S. Rubb
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Defendant: JOHN DOE
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Plaintiff: DAVID DELL'AQUILA
Represented By: Elliott J Schuchardt
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