LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC v. KILFOYLE
Plaintiff: LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC
Defendant: MARTIN J. KILFOYLE
Case Number: 2:2020cv00358
Filed: March 11, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Lisa Pupo Lenihan
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
April 7, 2020 Opinion or Order Filing 21 ORDER that Plaintiff Lifetime Financial Growth of Northern Ohio LLCs Motion to Remand (ECF No. #12 ) is GRANTED. IT IS FURTHER ORDERED the Clerk of Court is directed to remand this civil action FORWITH to the Court of Common Pleas of Allegheny County, Pennsylvania at Docket No. GD 20-003029. IT IS FURTHER ORDERED the Clerk of Court is directed to mark this case CLOSED. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/07/2020. (jmb)
April 7, 2020 Filing 20 MEMORANDUM OPINION #12 that the Motion to Remand filed by Plaintiff Lifetime Financial Growth of Northern Ohio, LLC. be granted. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/07/2020. (jmb)
April 6, 2020 Filing 19 REPLY re #16 Brief in Opposition to Motion filed by MARTIN J. KILFOYLE. (Roll, Stewart) Modified text on 4/13/2020. (ept)
April 5, 2020 Filing 18 REPLY to #15 Brief in Opposition to #12 Motion to Remand, Motion to Remand to State Court filed by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Rapp, Francis) Modified text on 4/6/2020. (ma)
April 2, 2020 Filing 17 BRIEF in Opposition re #7 Motion to Stay filed by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Rapp, Francis)
April 2, 2020 Filing 16 BRIEF in Opposition re #5 Motion to Dismiss, filed by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Attachments: #1 Exhibit A) (Rapp, Francis)
March 31, 2020 Filing 15 BRIEF in Opposition re #12 Motion to Remand, Motion to Remand to State Court filed by MARTIN J. KILFOYLE. (Attachments: #1 Exhibit A LFGNO Ohio Registration, #2 Exhibit B Ismail Opinions) (Roll, Stewart) Modified text on 4/2/2020. (ma)
March 28, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 24, 2020 Opinion or Order Filing 14 ORDER Response/Briefing Schedule re #12 Motion to Remand, Motion to Remand to State Court. Response to Motion due by 4/8/2020 Signed by Magistrate Judge Lisa Pupo Lenihan on 3/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa)
March 23, 2020 Filing 13 BRIEF in Support re #12 Motion to Remand, Motion to Remand to State Court filed by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Attachments: #1 Exhibit) (Rapp, Francis)
March 23, 2020 Filing 12 MOTION to Remand , MOTION to Remand to State Court by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Attachments: #1 Proposed Order) (Rapp, Francis)
March 23, 2020 Filing 11 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Rapp, Francis)
March 23, 2020 Filing 10 Disclosure Statement identifying None as corporate parent or other affiliate, by LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Rapp, Francis)
March 23, 2020 Filing 9 NOTICE of Appearance by Francis C. Rapp, Jr on behalf of LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC. (Rapp, Francis)
March 19, 2020 Filing 8 BRIEF in Support re #7 Motion to Stay filed by MARTIN J. KILFOYLE. (Roll, Stewart)
March 19, 2020 Filing 7 MOTION to Stay by MARTIN J. KILFOYLE. (Attachments: #1 Proposed Order) (Roll, Stewart)
March 18, 2020 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Dismiss. 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 Brief in Support at #6 . This message is for informational purposes only. (ma)
March 16, 2020 Filing 6 BRIEF in Support re #5 Motion to Dismiss, filed by MARTIN J. KILFOYLE. (ma)
March 16, 2020 Filing 5 MOTION to Dismiss filed by MARTIN J. KILFOYLE. (Attachments: #1 Exhibit A- Proposed Order, #2 Exhibit A.1- Proposed Stay Order, #3 Exhibit B- State Complaint, #4 Exhibit C- Answer and Affirmative Defenses, #5 Exhibit Kilfoyle Affidavit, #6 Exhibit E- Third Pillar Systems, Inc. v. De Lage Landen Operational Services, #7 Exhibit USDC ND of OH Memorandum and Opinion and Order) (Roll, Stewart) Motion and Brief filed as one pdf; brief re-docketed at #6 . Modified text on 3/18/2020. (ma)
March 13, 2020 Filing 4 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by MARTIN J. KILFOYLE. (Roll, Stewart)
March 12, 2020 Opinion or Order Filing 3 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 April 2, 2020. 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. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/12/2020. (Attachments: #1 Exhibit Consent Form) (jmb)
March 12, 2020 Opinion or Order Filing 2 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 03/12/2020. (jmb)
March 11, 2020 Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD-20-003029 Copies attached: State Court Complaint, Notice of Filing (Filing fee, including Administrative fee, $400, receipt number 0315-5506634), filed by MARTIN J. KILFOYLE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (ma)

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Defendant: MARTIN J. KILFOYLE
Represented By: Stewart D. Roll
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Plaintiff: LIFETIME FINANCIAL GROWTH OF NORTHERN OHIO, LLC
Represented By: Francis C. Rapp, Jr.
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