WRIGHT BROTHERS INC. et al v. MCKENNA
| WRIGHT BROTHERS INC. and W.D. WRIGHT CONTRACTING, INC. |
| HEATHER MCKENNA |
| 2:2020cv01542 |
| October 9, 2020 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 19 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 12/22/2020 01:30 PM (White, David) |
| Filing 18 Plaintiffs' ANSWER to Amended Counterclaim and Affirmative Defenses by WRIGHT BROTHERS INC.. (Connelly, Pamela) |
Filing 17
ORDER REFERRING CASE to Mediation. David B. White is appointed as mediator. Party DAVID B. WHITE added. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/12/2020. (jmb)
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Filing 16
CASE MANAGEMENT ORDER: Compliance with provisions of Rule 16 shall be completed as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by December 1, 2020. Amendments to the pleadings and joinder of additional parties will be completed by December 31, 2020. The ADR process will be completed no later than December 31, 2020. A telephone status conference is scheduled for January 5, 2021 at 10:00 AM. Counsel are to call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. The parties shall complete fact discovery by April 9, 2021. A status/settlement conference will be held on April 14, 2021 at 10:00 AM. Trial counsel shall attend and the parties shall be available by telephone. No later than 5 business days prior to the conference any party intending to file a motion for summary judgment shall file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed. All parties are to be prepared to discuss this at the conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/09/2020. (jmb)
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| Filing 15 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Initial Case Management Conference was held on 11/9/2020. A third-party subpoena has been served on Lane Logix as well as written discovery on Defendant. Defendant advises that she may have an issue with the volume of the document requests. Counsel will attempt to resolve this and will call the Court if intervention is needed. Wright Brothers is unsure if it will file a 12(b)(6) motion in response to McKenna's amended counterclaim. Counsel will discuss prior to any filing and will proceed with ADR with the pending motion. McKenna intends to file a motion regarding the non-compete but can wait until after mediation. The Court agrees to set a prompt hearing after allowing Plaintiff to respond (likely the first week of February). An Initial Scheduling Order will be entered. (jmb) |
| Filing 14 AMENDED COUNTERCLAIM against W.D. WRIGHT CONTRACTING, INC., WRIGHT BROTHERS INC.., filed by HEATHER MCKENNA. Related document: #7 Answer to Complaint, Counterclaim filed by HEATHER MCKENNA. (Elzer, Christine) |
| Filing 13 STIPULATION selecting ADR process by W.D. WRIGHT CONTRACTING, INC., WRIGHT BROTHERS INC.. (Connelly, Pamela) |
| Filing 12 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by W.D. WRIGHT CONTRACTING, INC., WRIGHT BROTHERS INC.. (Connelly, Pamela) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Connelly, Pamela) |
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Filing 10
ORDER that the Initial Case Management Conference in this matter will be held via telephone on November 9, 2020, at 11:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/23/2020. (Attachments: #1 Exhibit ADR Form) (jmb)
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| Filing 9 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Preliminary Telephonic Status Conference was held on 10/22/2020. The Court informed counsel that Mr. Sherry was an intern 2 years prior. The Court is not concerned with bias but if anyone wants to request recusal on that basis, they should contact the courtroom deputy. Counsel advised that McKenna is no longer employed at Lane Logix so the preliminary injunction is not an issue. The Court asked if early mediation was an option. Plaintiffs need to subpoena documents from Lane Logix before they can answer. The court will schedule an initial case management conference when the pleadings are closed. Judicial mediation or holding on formal litigation can be discussed at the ICMC or counsel can request that the conference be delayed while they either engage in discussions or request the Courts assistance via a judicial settlement conference. (jmb) |
| Filing 8 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HEATHER MCKENNA. (Elzer, Christine) |
| Filing 7 ANSWER to Complaint , COUNTERCLAIM against WRIGHT BROTHERS INC. by HEATHER MCKENNA. (Elzer, Christine) |
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Filing 6
ORDER that a Preliminary Telephone Conference is scheduled for October 22, 2020 at 11:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use '*' to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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Filing 5
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 November 4, 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 10/14/2020. (Attachments: #1 Exhibit Consent Form) (jmb)
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| Filing 4 NOTICE of Appearance by Pamela W. Connelly on behalf of W.D. WRIGHT CONTRACTING, INC., WRIGHT BROTHERS INC.. (Connelly, Pamela) |
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Filing 3
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 10/14/2020. (jmb)
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| Filing 2 NOTICE of Appearance by Christine T. Elzer on behalf of HEATHER MCKENNA. (Elzer, Christine) |
| Filing 1 NOTICE OF REMOVAL from Beaver, case number 2020-10908 with jury demand Copies attached: state court record (Filing fee, including Administrative fee, $400, receipt number APAWDC-5984940), filed by HEATHER MCKENNA. (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (sdp) |
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