DELL'AQUILA v. ARDEN RIVER DEVELOPMENT, INC. et al
| DAVID DELL'AQUILA |
| JOHN T. BURGER, ARDEN RIVER DEVELOPMENT, INC. and JOHN DOE |
| 2:2019cv01121 |
| September 3, 2019 |
| US District Court for the Western District of Pennsylvania |
| Nora Barry Fischer |
| William S Stickman |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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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)
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| 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) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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| 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) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 18 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Rubb, Bernard) |
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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)
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| 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) |
| 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) |
| Filing 14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DAVID DELL'AQUILA. (Schuchardt, Elliott) |
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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)
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| Judge William S. Stickman presiding. (nll) |
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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)
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| 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) |
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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)
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| 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) |
| Filing 8 SUPPLEMENT by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER to #6 Motion for Extension of Time to File Answer. (Rubb, Bernard) |
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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)
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| Filing 6 MOTION for Extension of Time to File Answer by ARDEN RIVER DEVELOPMENT, INC., JOHN T. BURGER. (Attachments: #1 Proposed Order) (Rubb, Bernard) |
| 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) |
| Filing 4 AFFIDAVIT of Service of Preliminary Notices Upon Defendant, by DAVID DELL'AQUILA Affiant: Elliott J. Schuchardt. (Schuchardt, Elliott) |
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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)
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| 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) |
| 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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