FRANKLIN INTERIORS, INC. v. WESOLOSKY et al
| FRANKLIN INTERIORS, INC. |
| PETER M. WESOLOSKY and DIRTT ENVIRONMENTAL SOLUTIONS, INC. |
| 2:2020cv01423 |
| September 21, 2020 |
| US District Court for the Western District of Pennsylvania |
| Arthur J Schwab |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 NOTICE of Intent to Request Redaction of Specific Personal Data Identifiers for #57 Transcript,,,, by FRANKLIN INTERIORS, INC.. The parties have 21 days from the date the transcript was filed to submit a statement to the court reporter/transcriber Requesting Redaction of Specific Personal Data Identifiers. If no such Request is filed within 21 days of the transcript being filed, the transcript may be made remotely, electronically available to the public without redaction. Request for Redaction of specific personal identifiers due by 11/19/2020. Transcript due by 11/30/2020. (Dadamo, Gary) |
Filing 58
TEXT ORDER it appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED, that, in the event either party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of either party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Clerk is to mark CASE CLOSED. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of Court or notice on the matter. Signed by Judge Arthur J. Schwab on 10/30/20. (ms)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #18 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/6/2020. (jv) |
| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re ICMC held on 09/30/20 before Judge Arthur J. Schwab. Court Reporter Marsia L. Balobeck, Telephone number 14123285452. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/5/2020. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021. (Balobeck, Marsia) |
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Filing 56
TEXT ORDER denying without prejudice #53 Motion to Compel Disclosures. Defendants may refile said Motion after Plaintiff has supplemented its Rule 26 disclosures, if appropriate, but no later than 10/30/20. Signed by Judge Arthur J. Schwab on 10/22/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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Filing 55
MEMORANDUM ORDER denying #39 Defendants' Motion to Dismiss Plaintiff's Amended Complaint. Signed by Judge Arthur J. Schwab on 10/21/20. (bfm)
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| Filing 54 BRIEF in Support re #53 Motion to Compel disclosure filed by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
| Filing 53 MOTION to Compel disclosure by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Proposed Order) (Kennedy, Lindsey) |
| Filing 52 REPLY BRIEF re #39 Motion to Dismiss filed by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
| Filing 51 BRIEF in Opposition re #39 Motion to Dismiss filed by FRANKLIN INTERIORS, INC.. (Attachments: #1 Certificate of Service) (Engel, Steven) |
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Filing 50
PRETRIAL ORDER: Plaintiff witness list due by 11/30/2020; Plaintiff Proposed Findings and Conclusions due by 11/30/2020 Defendant Witness list due by 12/4/2020; Defendant Proposed Findings and Conclusions due by 12/4/2020; Designation of discovery excerpts due by 12/7/2020; Exhibit List due by 12/7/2020; Stipulation due by 12/7/2020; Motions in Limine due by 11/30/2020; Response to Motions in Limine due by 12/4/2020; Pretrial Conference set for 12/9/2020 at 11:30 AM in Courtroom 7C before Judge Arthur J. Schwab; Bench Trial set for 12/14/2020 at 9:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 10/14/20. (ms)
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| Filing 49 Injunction BOND in the amount of $50000, posted by FRANKLIN INTERIORS, INC. Old Republic Surety Company as Surety. (Attachments: #1 Exhibit 1) (Engel, Steven) |
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Filing 48
TEXT ORDER - Case is referred back to Mediation before Arthur Stroyd. Signed by Judge Arthur J. Schwab on 10/8/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (ms)
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| Filing 47 STIPULATION selecting ADR process by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Mayer, Jeffrey) |
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Filing 46
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 10/14/2020; Motion to Compel due by 10/21/2020; Response to Motion to Compel due by 10/23/2020; Amended Pleadings due by 10/16/2020 Discovery due by 11/20/2020; Plaintiff Pretrial Statement due by 11/30/2020; Defendant Pretrial Statement due by 12/4/2020; Plaintiff Expert Reports due by 11/30/2020; Defendant Expert Reports due by 12/4/2020; Expert Depositions to be completed by 12/11/2020; Summary Judgment due by 11/30/2020; Response to Summary Judgment due by 12/7/2020; Willingness to proceed before Magistrate Judge due by 10/30/2020. Signed by Judge Arthur J. Schwab on 10/7/20. (ms)
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| Filing 45 Proposed Case Management Order by FRANKLIN INTERIORS, INC.. (Engel, Steven) |
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Filing 44
ORDER granting in part and denying in part #3 Motion for Preliminary Injunction filed by FRANKLIN INTERIORS, INC. Final Hearing on Plaintiff's request for permanent injunctive relief set for 12/14/2020 at 9:30 AM in Courtroom 7C before Judge Arthur J. Schwab. Franklin Interiors, Inc. shall place security (corporate surety bond, cash, certified check, or attorney's check) in the amount of $50,000.00, with the Clerk of Court. Signed by Judge Arthur J. Schwab on 9/30/20. (bfm)
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| Filing 43 Errata re #41 Minute Entry - Argument held 9/30/20 Reason for Correction: Correction made to Hearing Memo. (lck) |
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Filing 42
TEXT ORDER re #39 Motion to Dismiss filed by PETER M. WESOLOSKY, DIRTT ENVIRONMENTAL SOLUTIONS, INC. - Responses due by 10/16/2020 at noon, Reply brief due by 10/20/2020 at noon. Signed by Judge Arthur J. Schwab on 9/30/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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| Filing 41 Minute Entry for proceedings held before Judge Arthur J. Schwab: Argument held on 9/30/2020 re #3 MOTION for Preliminary Injunction filed by FRANKLIN INTERIORS, INC. (Court Reporter: Marsia Balobeck) (lck) Modified on 9/30/2020 - See doc no #43 (lck). |
| Filing 40 BRIEF in Support re #39 Motion to Dismiss filed by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
| Filing 39 MOTION to Dismiss re #29 Amended Complaint by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Proposed Order) (Kennedy, Lindsey) |
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Filing 38
TEXT ORDER regarding argument on Plaintiff's Motion for Preliminary Injunction via Zoom videoconference set for 9/30/20. Each party shall have up to ten (10) minutes to present arguments. Thereafter, the Court will be asking questions. Accordingly, counsel may wish to have their client representatives physically present with them during the argument, so the answers are accurate and informed. Signed by Judge Arthur J. Schwab on 9/28/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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| Filing 37 REPORT of Mediation: Case has not been resolved. ARTHUR H. STROYD terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 9/28/2020. (Stroyd, Arthur) |
| Filing 36 Errata re #25 Affidavit of Ralph Dallier by FRANKLIN INTERIORS, INC.. Reason for Correction: Incorrect Document. (Dadamo, Gary) |
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Filing 35
ORDER granting #34 Motion to Rely Upon References to Websites inSubmission or Leave to File Voluminous PDF Exhibits. Signed by Judge Arthur J. Schwab on 9/2/20. (lck)
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| Filing 34 MOTION to Rely upon References to Websites re #33 Brief in Opposition to Motion filed by PETER M. WESOLOSKY, DIRTT ENVIRONMENTAL SOLUTIONS, INC. by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Proposed Order) (Kennedy, Lindsey) |
| Filing 33 BRIEF in Opposition re #3 Motion for Preliminary Injunction filed by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Exhibit A, #2 Exhibit B) (Kennedy, Lindsey) |
| Filing 32 Proposed Case Management Order of the Parties by FRANKLIN INTERIORS, INC.. (Dadamo, Gary) |
| Filing 31 REPORT of Rule 26(f) Planning Meeting. (Dadamo, Gary) |
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Filing 30
Text Order - In light of the Amended Complaint #29 filed on 9/25/20, the Defendants' Rule(12)(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction #19 is denied as moot. Signed by Judge Arthur J. Schwab on 9/26/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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| Filing 29 AMENDED COMPLAINT against DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY, filed by FRANKLIN INTERIORS, INC.. (Attachments: #1 Exhibit 1) (Engel, Steven) |
| Filing 28 AFFIDAVIT OF SERVICE by FRANKLIN INTERIORS, INC. Affiant: Gary Dadamo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Dadamo, Gary) |
| Filing 27 Disclosure Statement identifying None as corporate parent or other affiliate, by FRANKLIN INTERIORS, INC.. (Dadamo, Gary) |
| Filing 26 STIPULATION selecting ADR process by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Miller, Catherine) |
| Filing 25 AFFIDAVIT re #3 MOTION for Preliminary Injunction by FRANKLIN INTERIORS, INC. Affiant: Ralph Dallier. (Dadamo, Gary) |
| Filing 24 AFFIDAVIT re #3 MOTION for Preliminary Injunction by FRANKLIN INTERIORS, INC. Affiant: Garry Pyles. (Dadamo, Gary) |
| Filing 23 AFFIDAVIT re #3 MOTION for Preliminary Injunction by FRANKLIN INTERIORS, INC.. (Dadamo, Gary) |
| Filing 22 NOTICE of Appearance by Lawrence J. Maiello on behalf of FRANKLIN INTERIORS, INC.. (Maiello, Lawrence) |
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Filing 21
TEXT ORDER re #19 Motion to Dismiss/Lack of Jurisdiction filed by PETER M. WESOLOSKY and DIRTT ENVIRONMENTAL SOLUTIONS, INC. - Plaintiff's Response due by 9/28/2020 at 9:00 AM. Signed by Judge Arthur J. Schwab on 9/25/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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| Filing 20 BRIEF in Support re #19 Motion to Dismiss/Lack of Jurisdiction filed by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Proposed Order) (Kennedy, Lindsey) |
| Filing 18 ANSWER to #1 Complaint, by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
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Filing 17
TEXT ORDER granting #16 Motion for Jeffrey J. Mayer to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 9/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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| Filing 16 MOTION for attorney Jeffrey J. Mayer to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5940733) by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Affidavit AFFIDAVIT OF JEFFREY J. MAYER IN SUPPORT OF, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Mayer, Jeffrey) |
| Filing 15 Errata re #14 Order Referring Case to Mediation - - Reason for Correction: WRONG DATE - MEDIATION IS 9/28/20. (ms) |
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Filing 14
ORDER REFERRING CASE to Mediation. Arthur H. Stroyd is appointed as mediator. Mediation is scheduled for 9/28/20. Signed by Judge Arthur J. Schwab on 9/23/20. (ms) Modified on 9/23/2020 (ms).
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Filing 13
SCHEDULING ORDER. Argument on Plaintiff's Motion for Preliminary Injunction shall take place September 30, 2020 at 10:00 AM, via Zoom videoconference. See Scheduling Order for additional details. Signed by Judge Arthur J. Schwab on 9/23/20. (bfm)
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| Filing 12 NOTICE of Appearance by Michael P. Pest on behalf of DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Pest, Michael) |
| Filing 11 NOTICE of Appearance by Lindsey C. Kennedy on behalf of DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Kennedy, Lindsey) |
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Filing 10
TEXT ORDER granting #9 Motion for Catherine A. Miller to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 9/23/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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| Filing 9 MOTION for attorney Catherine A. Miller to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5935483) by DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY. (Attachments: #1 Affidavit In Support of Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Proposed Order Proposed Order) (Miller, Catherine) |
| Filing 8 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) |
| Filing 7 NOTICE of Appearance by Steven P. Engel on behalf of FRANKLIN INTERIORS, INC.. (Engel, Steven) |
| Filing 6 WAIVER OF SERVICE Returned Executed by FRANKLIN INTERIORS, INC.. PETER M. WESOLOSKY waiver sent on 9/22/2020, answer due 11/23/2020. (Dadamo, Gary) |
| Filing 5 WAIVER OF SERVICE Returned Executed by FRANKLIN INTERIORS, INC.. DIRTT ENVIRONMENTAL SOLUTIONS, INC. waiver sent on 9/22/2020, answer due 12/21/2020. (Dadamo, Gary) |
| Filing 4 Summons Issued as PETER M. WESOLOSKY (Main Docuyment), to DIRTT ENVIRONMENTAL SOLUTIONS, INC. (Attachments: #1 Summons issued as to Dirtt Environmental Solutions, Inc.) (jv) |
| Filing 3 MOTION for Preliminary Injunction by FRANKLIN INTERIORS, INC.. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit) (Dadamo, Gary) |
| Filing 2 MOTION for Temporary Restraining Order by FRANKLIN INTERIORS, INC.. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit) (Dadamo, Gary) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 9/29/2020. (jv) |
| Filing 1 COMPLAINT against DIRTT ENVIRONMENTAL SOLUTIONS, INC., PETER M. WESOLOSKY (Filing fee, including Administrative fee, $400, receipt number APAWDC-5928139), filed by FRANKLIN INTERIORS, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (jv) |
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