EARL v. NVR, INC.
Plaintiff: LISA EARL
Defendant: NVR, INC., T/D/B/A HEARTLAND HOMES OF PA and NVR, INC.
Case Number: 2:2020cv00505
Filed: April 8, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Arthur J Schwab
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2020 Opinion or Order Filing 27 USCA Case Number 20-2109 for #26 Notice of Appeal, filed by LISA EARL. USCA Case Manager Tim McIntyre (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (tmm3)
June 1, 2020 Opinion or Order Filing 26 NOTICE OF APPEAL as to #25 Order on Motion to Dismiss for Failure to State a Claim by LISA EARL. Filing fee $505, receipt number APAWDC-5651102. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Strassburger, Jordan)
May 29, 2020 Opinion or Order Filing 25 MEMORANDUM ORDER granting #14 Motion to Dismiss Amended Complaint. Plaintiff's Amended Complaint is dismissed with prejudice. The Clerk of Court shall mark this case CLOSED. Signed by Judge Arthur J. Schwab on 5/29/20. (bfm)
May 26, 2020 Opinion or Order Filing 24 STIPULATION selecting ADR process by NVR, INC.. (Giancola, Russell)
May 26, 2020 Opinion or Order Filing 23 Proposed Case Management Order by NVR, INC.. (Giancola, Russell)
May 26, 2020 Opinion or Order Filing 22 REPORT of Rule 26(f) Planning Meeting. (Giancola, Russell)
May 22, 2020 Opinion or Order Filing 21 REPLY BRIEF re #14 Motion to Dismiss for Failure to State a Claim filed by NVR, INC.. (Gallagher, Kathleen)
May 20, 2020 Opinion or Order Filing 20 BRIEF in Opposition re #14 Motion to Dismiss for Failure to State a Claim filed by LISA EARL. (Strassburger, Jordan)
May 20, 2020 Opinion or Order Filing 19 TEXT ORDER - Revised deadline for filing of 26(f) Report, Proposed Case Management Order, and ADR Stipulation - - fully completed documents are now due to be filed on or before 5/25/20. Signed by Judge Arthur J. Schwab on 05/20/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)
May 19, 2020 Opinion or Order Filing 18 TEXT ORDER - The TIME of the Initial Case Management Conference via Zoom is RESCHEDULED for 6/3/2020 at 12:00 PM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 5/19/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
May 16, 2020 Opinion or Order FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. 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. The second step is 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 any special characters (anything other than a letter or number), 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 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. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
May 14, 2020 Opinion or Order Filing 17 NOTICE of Appearance by Jordan L. Strassburger on behalf of LISA EARL. (Strassburger, Jordan)
May 14, 2020 Opinion or Order Filing 16 TEXT ORDER re #14 Motion to Dismiss for Failure to State a Claim filed by NVR, INC. - Response due by 5/20/2020; Reply brief due by 5/22/2020. Signed by Judge Arthur J. Schwab on 5/14/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
May 13, 2020 Opinion or Order Filing 15 BRIEF in Support re #14 Motion to Dismiss for Failure to State a Claim filed by NVR, INC.. (Gallagher, Kathleen)
May 13, 2020 Opinion or Order Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NVR, INC.. (Attachments: #1 Proposed Order) (Gallagher, Kathleen)
May 6, 2020 Opinion or Order Filing 13 TEXT ORDER - Defendant's Answer to the Amended Complaint is due on or before 5/13/20. Signed by Judge Arthur J. Schwab on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
May 6, 2020 Opinion or Order Update Answer Deadline: Answer due from NVR, INC. on 5/13/2020 (lck)
May 5, 2020 Opinion or Order Filing 12 AMENDED COMPLAINT against NVR, INC., filed by LISA EARL. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Eisen, Robyn)
May 5, 2020 Opinion or Order Filing 11 CORRECTIVE ENTRY re #10 Order setting ICMC - The time of the conference is 6/3/20 at 9:00 AM. (lck)
May 5, 2020 Opinion or Order Filing 10 ORDER SETTING Initial Case Management Conference for 6/3/2020 at 09:00 AM in Video Conference before Judge Arthur J. Schwab. 26(f) Report, Proposed Case Management Order, and ADR Stipulation are due on 5/28/20. An invitation to connect to the conference by video will be distributed by email to all counsel of record before the hearing. Signed by Judge Arthur J. Schwab on 5/5/20. (lck) Document removed from public view and re-filed at doc #11 . Modified text on 5/11/2020. (elt)
April 26, 2020 Opinion or Order 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 16, 2020 Opinion or Order Filing 9 ORDER approving #8 Stipulation filed by NVR, INC., T/D/B/A HEARTLAND HOMES OF PA. Defendant shall file its response to the original Complaint by May 8, 2020. Signed by Judge Arthur J. Schwab on 4/16/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
April 15, 2020 Opinion or Order Filing 8 STIPULATION FOR EXTENSION OF TIME by NVR, INC., T/D/B/A HEARTLAND HOMES OF PA. (Giancola, Russell)
April 13, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Adam J. Tragone on behalf of LISA EARL. (Tragone, Adam)
April 13, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Robyn B. Eisen on behalf of LISA EARL. (Eisen, Robyn)
April 10, 2020 Opinion or Order Filing 5 ORDER Re: Federal Rule of Civil Procedure 12(b) Motions to Dismiss. Signed by Judge Arthur J. Schwab on 4/10/20. (ms)
April 10, 2020 Opinion or Order Filing 4 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. (ms)
April 10, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Russell D. Giancola on behalf of NVR, INC., T/D/B/A HEARTLAND HOMES OF PA. (Giancola, Russell)
April 10, 2020 Opinion or Order Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by NVR, INC., T/D/B/A HEARTLAND HOMES OF PA. (Gallagher, Kathleen)
April 8, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA, case number GD-19-004040 (Filing fee, including Administrative fee, $400, receipt number 0315-5551827), filed by NVR INC.,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet) (elt) Modified text on 4/9/2020.

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Defendant: NVR, INC., T/D/B/A HEARTLAND HOMES OF PA
Represented By: Kathleen A. Gallagher
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Defendant: NVR, INC.
Represented By: Kathleen A. Gallagher
Represented By: Russell D. Giancola
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Plaintiff: LISA EARL
Represented By: Christopher J. Azzara
Represented By: Adam J. Tragone
Represented By: Robyn B. Eisen
Represented By: Jordan L. Strassburger
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