GARBUTT et al v. MURRAY'S FREIGHTLINER
Plaintiff: JOHN GARBUTT and MAX DRIVER, LLC
Defendant: MURRAY'S FREIGHTLINER
Case Number: 2:2021cv00628
Filed: May 12, 2021
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Maureen P Kelly
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2021 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Response in Opposition. ERROR: Caption and/or Case number of document does not match caption and/or case number of case. CORRECTION: Attorney is directed to file an Errata with corrected caption/and or case number. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that proposed orders are to be made attachments to the main document. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that Memoranda of Law are to be filed as separate documents. Attorney is to resubmit all documents with corrected case numbers. Attorney is to submit Response document with Proposed Order as an attachment as one Errata event. Attorney is to submit Memorandum of Law with each individual Exhibit as attachments as another Errata event. Both Errata events are to link to document #9 . (cww)
June 28, 2021 Opinion or Order Filing 11 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 7/19/2021, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 7/19/2021; Signed by Magistrate Judge Maureen P. Kelly on 6/28/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
June 28, 2021 Filing 10 STIPULATION re #7 Brief in Support of Motion by MURRAY'S FREIGHTLINER. (Shannon, Andrew)
June 28, 2021 Filing 9 RESPONSE IN OPPOSITION to Motion to Dismiss filed by JOHN GARBUTT. (Abeel, Timothy )
June 7, 2021 Opinion or Order Filing 8 ORDER Response re #6 Motion to Dismiss for Failure to State a Claim. Response to Motion due by 6/28/2021. Signed by Magistrate Judge Maureen P. Kelly on 6/7/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
June 3, 2021 Filing 7 BRIEF in Support re #6 Motion to Dismiss for Failure to State a Claim filed by MURRAY'S FREIGHTLINER. (Shannon, Andrew)
June 3, 2021 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MURRAY'S FREIGHTLINER. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Conferring) (Shannon, Andrew)
May 28, 2021 Filing 5 NOTICE of Appearance by LeeAnn A. Fulena on behalf of MURRAY'S FREIGHTLINER. (Fulena, LeeAnn)
May 14, 2021 Opinion or Order Filing 4 ORDER: As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 5/14/2021. (et)
May 12, 2021 Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by MURRAY'S FREIGHTLINER. (ijh)
May 12, 2021 Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD-21-002675 Copies attached: Complaint and Praecipe for Appearance (Filing fee, including Administrative fee, $402, receipt number APAWDC-6509972), filed by MURRAY'S FREIGHTLINER. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2) (ijh)

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Plaintiff: JOHN GARBUTT
Represented By: Timothy J. Abeel, Jr.
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Plaintiff: MAX DRIVER, LLC
Represented By: Timothy J. Abeel, Jr.
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Defendant: MURRAY'S FREIGHTLINER
Represented By: Andrew D Shannon
Represented By: LeeAnn A. Fulena
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