STEIN v. LEE EYE CENTER, INC. et al
| ROBERT L. STEIN |
| LEE EYE CENTER, INC. and TAC LEE |
| 2:2021cv01730 |
| November 29, 2021 |
| US District Court for the Western District of Pennsylvania |
| Joy Flowers Conti |
| Christy Criswell Wiegand |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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Filing 29
ORDER that, in light of #28 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Clerk is to mark CASE CLOSED. Signed by Judge Christy Criswell Wiegand on 12/20/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 28
STIPULATION of Dismissal with Prejudice by ROBERT L. STEIN. (Attachments: #1 Proposed Order) (Burgo, Raeann)
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Filing 27
ORDER re #18 Temporary Restraining Order. In light of the fact that the TRO, ECF No. 18, is set to expire at 2:48 PM on 12/20/2021-that is, during the time allotted for the hearing on Plaintiff's Motion for Preliminary Injunction, see ECF No. 3, the Court concludes that good cause exists to extend the TRO to 5:00 PM on 12/23/2021, as such an extension would maintain the status quo while allowing the Court to conduct the hearing on 12/20/2021 and then promptly render its decision on Plaintiff's motion for preliminary injunctive relief. See Fed. R. Civ. P. 65(b)(2) (TRO "expires at the time after entrynot to exceed 14 daysthat the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension"); see also United States v. United Mine Workers, 330 U.S. 258, 301 (1947) (good cause existed where hearing arising from TRO was set for same day TRO would expire); Aggie v. Pa. Dep't of Human Servs., No. 15-5456, 2015 U.S. Dist. LEXIS 163445, at *11 n.5 (E.D. Pa. Dec. 7, 2015) (good cause existed for extending TRO where court required "additional time to consider the parties' positions."). Any objection as to why the Court should not so extend the TRO must be filed on the docket by 10:00 AM on 12/20/2021. Signed by Judge Christy Criswell Wiegand on 12/17/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 26
SCHEDULING ORDER that an Evidentiary Preliminary Injunction Hearing is set for 12/20/2021 at 12:00 PM via videoconference before Judge Christy Criswell Wiegand. The Court notes that it may need to recess briefly at 2:00 PM for a short hearing in a criminal matter, and the preliminary injunction hearing will resume immediately thereafter. Signed by Judge Christy Criswell Wiegand on 12/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 25
ORDER that the Evidentiary Preliminary Injunction Hearing set for 12/15/2021 is HEREBY CANCELLED and will be rescheduled as needed by further order of this Court. Signed by Judge Christy Criswell Wiegand on 12/14/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 24
STIPULATION STATEMENT (JOINT) by ROBERT L. STEIN. (Burgo, Raeann)
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Filing 23
Witness List by TAC LEE, LEE EYE CENTER, INC.. (Barbee, David)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Response in Opposition. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. This message is for informational purposes only. (lyk)
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Filing 22
Witness List by ROBERT L. STEIN. (Burgo, Raeann)
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Filing 21
Surety BOND in the amount of $5,000.00, posted by ROBERT L. STEIN Fidelity and Deposit Company of Maryland as Surety. (Burgo, Raeann)
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Filing 20
DECLARATION re #14 Response in Opposition by TAC LEE, LEE EYE CENTER, INC.. (Barbee, David)
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Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (mao)
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Filing 19
PRE-HEARING ORDER. IT IS HEREBY ORDERED as follows: Evidentiary Preliminary Injunction Hearing set for 12/15/2021 at 9:00 AM by videoconference before Judge Christy Criswell Wiegand; Plaintiff's Witness List due by close of business on 12/9/2021; Defendants' Witness List due by 12/13/2021; Exchange of Exhibits due by close of business on 12/13/2021; Electronic Binder to the Court due by close of business on 12/13/2021; Joint Stipulation due by close of business on 12/13/2021 as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 12/6/2021. (jmm)
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Filing 18
MEMORANDUM OPINION AND ORDER. IT IS HEREBY ORDERED that #3 Motion for Temporary Restraining Order is GRANTED. IT IS FURTHER ORDERED that a decision on Plaintiff's request for a Preliminary Injunction is hereby DEFERRED and a hearing on Plaintiff's request for preliminary injunction will be conducted on 12/15/2021 at 9:00 AM. IT IS FURTHER ORDERED that Plaintiffs shall post security in the amount of $5,000 as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 12/6/2021. (jmm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Declaration. ERROR: Missing affiant signature. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (lyk)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Motion for TRO,, Motion for Preliminary Injunction. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for Preliminary Injunction. This message is for informational purposes only. (lyk)
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w/ #14 BRIEF in Opposition re #3 Motion for TRO, Motion for Preliminary Injunction, filed by TAC LEE, LEE EYE CENTER, INC. (lyk) Modified text on 12/10/2021. (lyk)
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Filing 17
DECLARATION re #3 MOTION for Temporary Restraining Order and Preliminary Injunction by ROBERT L. STEIN Affiant: Robert L. Stein. (Balonick, Brian)
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Filing 16
Disclosure Statement identifying Lee Eye Center, Inc. as corporate parent or other affiliate, by LEE EYE CENTER, INC.. (Barbee, David)
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Filing 15
DECLARATION re #14 Response in Opposition by TAC LEE, LEE EYE CENTER, INC. (Barbee, David) Document removed from view; missing affiant signature. Modified text on 12/6/2021. (lyk)
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Filing 14
RESPONSE IN OPPOSITION to #3 Motion for TRO, filed by TAC LEE, LEE EYE CENTER, INC.. (Barbee, David)
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Filing 13
ORDER GRANTING #12 Motion for David S. Barbee to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 12/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 12
MOTION for attorney David S. Barbee to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6834323) by TAC LEE, LEE EYE CENTER, INC.. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: #1 Affidavit Affidavit of David S. Barbee for Pro Hac Vice) (Barbee, David)
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Filing 11
NOTICE of Appearance by Christine Zeller Papa on behalf of TAC LEE, LEE EYE CENTER, INC.. (Papa, Christine)
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Filing 10
ORDER re #3 Motion for Temporary Restraining Order and Preliminary Injunction. Under Fed. R. Civ. P. 65(b)(1), the Court may issue a TRO without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Further, pursuant to Section III.C of the undersigned's Practices and Procedures (available at: https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf), "[c]onsistent with Rule 65, the Court will not issue a temporary restraining order: (1) when the opposing party has been served; (2) when the motion provides no certification indicating that prompt service cannot be accomplished; or (3) when the motion is unaccompanied by an affidavit or verified complaint consistent with Rule 65(b)(1)(A)." Because it appears to the Court that Plaintiff has, in fact, provided notice to Defendants regarding his Motion, see ECF No. 3-1 and ECF No. 8, the Court will deny Plaintiff's Motion to the extent he seeks a TRO without further notice or opportunity to be heard by Defendants. However, in order to expedite resolution of Plaintiff's request for preliminary injunctive relief, the Court hereby ORDERS that the Court will hold a telephonic status conference at 3:00 p.m. on Friday, December 3, 2021. In anticipation of the conference, the parties must meet and confer regarding the potential for a consent order that would address the relief sought in the preliminary injunction motion. Lead counsel for all parties shall participate in the telephonic conference, and the parties shall be available by telephone. Counsel participating in the conference should dial-in using the information provided at ECF No. 9. IT IS FURTHER ORDERED that, until counsel for Defendants enters an appearance in this case, Plaintiff's counsel shall promptly transmit this and any other order of Court to counsel for Defendants. Signed by Judge Christy Criswell Wiegand on 12/1/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 9
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. (jmm)
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Filing 8
SUPPLEMENT by ROBERT L. STEIN to #3 Motion for TRO. (Balonick, Brian)
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Filing 7
DECLARATION re #3 MOTION for Temporary Restraining Order and Preliminary Injunction by ROBERT L. STEIN Affiant: Deborah Ann Snyder. (Balonick, Brian)
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Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (ijh)
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Judge Nora Barry Fischer and Magistrate Judge Lisa Pupo Lenihan added. Motions referred to Lisa Pupo Lenihan. (ijh)
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Judge Nora Barry Fischer no longer assigned to case. (ijh)
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Judge Christy Criswell Wiegand added. (ijh)
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Filing 6
DECLARATION re #3 MOTION for Temporary Restraining Order and Preliminary Injunction by ROBERT L. STEIN Affiant: Richard Stigliano, D.O.. (Balonick, Brian)
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Magistrate Judge Lisa Pupo Lenihan added. (ijh)
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Judge Joy Flowers Conti no longer assigned to case. (ijh)
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Filing 5
NOTICE of Appearance by Raeann Burgo on behalf of ROBERT L. STEIN. (Burgo, Raeann)
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Filing 4
BRIEF in Support re #3 Motion for TRO and Preliminary Injunction filed by ROBERT L. STEIN. (Balonick, Brian)
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction by ROBERT L. STEIN. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Balonick, Brian)
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Filing 2
ORDER REASSIGNING CASE, that the Clerk of Court shall reassign this matter to another Judge of this Court. Judge Nora Barry Fischer no longer assigned to case. Signed by Judge Nora Barry Fischer on 11/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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Filing 1
COMPLAINT against TAC LEE, LEE EYE CENTER, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-6824992), filed by ROBERT L. STEIN. (Attachments: #1 Civil Cover Sheet, #2 Verification, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10) (lyk)
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Judge Joy Flowers Conti added. (ijh)
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