NICRISSA PROPERTIES, LLC v. MATTRESS FIRM #077011
| NICRISSA PROPERTIES, LLC |
| MATTRESS FIRM #077011 |
| 2:2020cv01461 |
| September 28, 2020 |
| US District Court for the Western District of Pennsylvania |
| Marilyn J Horan |
| Arthur J Schwab |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1442 |
| None |
Docket Report
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This docket was last retrieved on November 24, 2020. A more recent docket listing may be available from PACER.
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Filing 21
ORDER DISMISSING CASE. Plaintiff's on the record Oral Motion to Voluntarily Dismiss the above-captioned action, without prejudice, is GRANTED. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Civil Action No. 20-1461 is hereby DISMISSED, without prejudice. Plaintiff is granted leave to file the above matter in the appropriate state court with jurisdiction. Signed by Judge Marilyn J. Horan on 11/24/2020. (rtw)
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| Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Telephonic Initial Case Management Conference held on 11/24/2020 on 20-1459 and 20-1461. Matthew Fergus for Plaintiff & John Conley for Defendant. Plaintiff orally moves, on the record, for voluntary dismissal of both cases, without prejudice and with leave for Plaintiff to file matters in the appropriate State Court with jurisdiction. An appropriate Order will be entered. (Court Reporter: Sharon Siatkowski) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (rtw) |
| Filing 20 STIPULATION selecting ADR process by MATTRESS FIRM #077011. (Conley, John) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting. (Conley, John) |
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Filing 18
ORDER SETTING TELEPHONIC INITIAL CASE MANAGEMENT CONFERENCE: A Telephonic Initial Case Management Conference is set for November 24, 2020 at 10:30 AM before Judge Marilyn J. Horan. All counsel shall dial-in pursuant to the AT&T Dial-in Instructions filed on the docket at #15 . Parties shall file their Rule 26(f) Report and Stipulation Selecting ADR Process by 11/17/20. Signed by Judge Marilyn J. Horan on 10/29/2020. (Attachments: #1 Exhibit A Rule 26(f) Report, #2 Exhibit B ADR Stipulation) (rtw)
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| Filing 17 NOTICE of Appearance by Jaime N. Doherty on behalf of NICRISSA PROPERTIES, LLC. (Doherty, Jaime) |
| Filing 16 NOTICE of Appearance by Matthew Fergus on behalf of NICRISSA PROPERTIES, LLC. (Fergus, Matthew) |
| Filing 15 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jgb) |
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Filing 14
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Marilyn J. Horan on 10/22/2020. (jgb)
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| Filing 13 CERTIFICATE OF SERVICE by MATTRESS FIRM #077011 re #12 Order,, (Conley, John) |
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Filing 12
ORDER TO OBTAIN COUNSEL. Plaintiff, Nicrissa Properties, LLC, is ORDERED to obtain counsel, and said counsel shall enter his or her appearance on the record by 11/23/2020. If counsel for Plaintiff does not enter an appearance by 11/23/2020, Plaintiffs' Complaint may be dismissed for failure to prosecute. Defendant shall personally serve this Order upon Plaintiff FORTHWITH, and thereafter, shall file a Notice with the Court stating when said personal service occurred. Signed by Judge Marilyn J. Horan on 10/08/2020. (rtw)
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| Filing 11 RESPONSE to Motion re #3 MOTION to Reconsider re #2 Order to Remand, filed by NICRISSA PROPERTIES, LLC. (Attachments: #1 Envelope) (jjg) |
| Filing 10 ANSWER to Complaint by MATTRESS FIRM #077011. (Conley, John) |
| Filing 9 Disclosure Statement identifying None as corporate parent or other affiliate, by MATTRESS FIRM #077011. (Conley, John) |
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Filing 8
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Marilyn J. Horan for all further proceedings. Judge Arthur J. Schwab no longer assigned to case. Signed by Judge Arthur J. Schwab on 10/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
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Filing 7
MEMORANDUM ORDER. For the reasons set forth in the Memorandum Order, the Court has: (1) vacated all Orders entered by it to date in this case, specifically, its #2 10/1/20 remand/closure Memorandum Order and its #4 10/2/20 Order requiring Plaintiff to file a response to Defendant's Motion to Reconsider Order to Remand; (2) reopened this civil action; and (3) ordered this case transferred to the Honorable Marilyn J. Horan. Case reopened. Signed by Judge Arthur J. Schwab on 10/6/20. (bfm)
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| Filing 6 CERTIFICATE OF SERVICE by MATTRESS FIRM #077011 re #4 Order, (Conley, John) |
| Filing 5 Remark: On this date, a copy of #4 Order was mailed to Nicrissa Properties, LLC. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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Filing 4
ORDER. Plaintiff, Nicrissa Properties, LLC, shall file a response to Defendant's Motion to Reconsider Order to Remand no later than October 12, 2020. Defendant shall personally serve its Motion to Reconsider Order to Remand #3 , this Court's Memorandum Order #2 , and this Order upon Plaintiff FORTHWITH, and thereafter, shall file a Notice with the Court which states when said personal service occurred. Signed by Judge Arthur J. Schwab on 10/2/20. (bfm)
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| Filing 3 MOTION for Reconsideration re #2 Order,, Terminate Civil Case, by MATTRESS FIRM #077011. (Conley, John) |
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Filing 2
MEMORANDUM ORDER. This Court lacks subject matter jurisdiction over this matter pursuant to 28 U.S.C. 1332 and 1441. The case shall be remanded to Butler County Magisterial District Court No. MDJ-50-3-04, Cranberry Township, Butler County, Pennsylvania FORTHWITH. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 10/1/20. (bfm)
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| Filing 1 NOTICE OF REMOVAL from Magisterial District Court No. MDJ-50-3-04, case number MJ-50304-LT-0000020-2020. Copies attached: Complaint (Filing fee, including Administrative fee, $400, receipt number APAWDC-5949818), filed by MATTRESS FIRM #077011. (Attachments: #1 Complaint, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet) (jjg) |
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| Defendant: MATTRESS FIRM #077011 | |
| Represented By: | John R Conley |
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| Plaintiff: NICRISSA PROPERTIES, LLC | |
| Represented By: | Jaime N. Doherty |
| Represented By: | Matthew Fergus |
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