TORRES v. BRAND INDUSTRIAL SERVICES, INC.
| DAIKEL TORRES |
| BRAND INDUSTRIAL SERVICES, INC. t/d/b/a BRANDSAFWAY, BRANDSAFWAY INDUSTRIES LLC and BRAND ENERGY SERVICES, LLC |
| 2:2021cv01771 |
| December 3, 2021 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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Filing 57
ORDER re #54 Unopposed Motion for Certification of the Settlement Class, Final Approval of the Settlement, and Other Associated Relief by DAIKEL TORRES. IT IS HEREBY ORDERED that Plaintiff's #54 Motion is GRANTED, and the Court Certifies a Settlement Class as more fully set forth by said order. IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE. Signed by Judge Christy Criswell Wiegand on 6/14/2023. (jmm)
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Filing 56
Minute Entry for Fairness Hearing held before Judge Christy Criswell Wiegand on 6/12/2023. (Court Reporter: Karen Earley) (jmm)
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Filing 55
BRIEF in Support re #54 Motion for Settlement, filed by DAIKEL TORRES. (Santillo, R.)
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Filing 54
Unopposed MOTION for Certification of the Settlement Class, Final Approval of the Settlement, and Other Associated Relief by DAIKEL TORRES. (Attachments: #1 Class Action Settlement Agreement, #2 Declaration of Aisha Lange, #3 Declaration of R. Andrew Santillo, #4 Affidavit of Timothy Conboy, #5 Proposed Order) (Santillo, R.) Modified text on 5/30/2023. (kss)
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Filing 53
ORDER GRANTING #52 Unopposed Motion for Leave to File Excess Pages by DAIKEL TORRES. IT IS HEREBY ORDERED that Plaintiff DAIKEL TORRES shall file a memorandum of law in support of her Motion for Final Approval of the Class Action Settlement by 5/26/2023, not to exceed twenty-seven (27) pages in length. Signed by Judge Christy Criswell Wiegand on 5/26/2023. 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 52
Unopposed MOTION for Leave to File Excess Pages by DAIKEL TORRES. (Attachments: #1 Proposed Order) (Santillo, R.)
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Filing 51
ORDER FOR ADMINISTRATIVE CLOSING: In light of the time period between the Court's order approving the parties' proposed notice procedure and the Fairness Hearing on 6/12/2023, the Clerk is to mark this case CLOSED. The Case shall be reopened in connection with the 6/12/2023 Fairness Hearing. Signed by Judge Christy Criswell Wiegand on 1/23/2023. 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 50
ORDER re #46 Unopposed Motion for Settlement - Preliminary Approval of the Class Action Settlement and Other Related Relief by DAIKEL TORRES. IT IS HEREBY ORDERED THAT Plaintiff's #46 Motion is GRANTED. Accordingly: (a) Counsel for Defendant shall provide the settlement administrator an excel spreadsheet containing the information specified in paragraph 6 of the Agreement by 2/3/2023; (b) The settlement administrator shall send the Notice Form to all class members listed in Exhibit A to the agreement by 2/10/2023; (c) Class members who wish to exclude themselves from the settlement shall mail their written request for exclusion by 5/11/2023; (d) Class members who wish to object to the settlement shall mail their written objections by 5/11/2023; (e) Class counsel shall file all papers in support of the final approval of the settlement by 5/26/2023. IT IS FURTHER ORDERED THAT a Fairness Hearing is set for 6/12/2023 at 1:00 PM via telephonic conference. Signed by Judge Christy Criswell Wiegand on 1/20/2023. (jmm)
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Filing 49
OPINION re #46 Unopposed Motion for Settlement - Preliminary Approval of the Class Action Settlement and Other Related Relief by DAIKEL TORRES. Plaintiff's #46 Motion will be GRANTED as more fully stated in said opinion. Signed by Judge Christy Criswell Wiegand on 1/20/2023. (jmm)
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Filing 48
NOTICE ATTACHING FULLY EXECUTED CLASS ACTION SETTLEMENT AGREEMENT by DAIKEL TORRES re #46 Motion for Settlement, (Santillo, R.)
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Filing 47
BRIEF in Support re #46 Motion for Settlement, filed by DAIKEL TORRES. (Santillo, R.)
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Filing 46
Unopposed MOTION for Settlement - Preliminary Approval of the Class Action Settlement and Other Related Relief by DAIKEL TORRES. (Attachments: #1 Class Action Settlement Agreement, #2 Declaration of R. Andrew Santillo, #3 Affidavit of Timothy Conboy, #4 Proposed Order) (Santillo, R.)
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Filing 45
ORDER: The Court has been advised that the parties have reached a proposed class action settlement. The parties shall file a motion seeking preliminary settlement approval by 12/22/2022. The remaining deadlines set forth in #31 the Court's Case Management Order are vacated in light of the proposed settlement. Signed by Judge Christy Criswell Wiegand on 11/14/2022. 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 44
STIPULATION selecting ADR process by DAIKEL TORRES. (Santillo, R.)
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Filing 43
ORDER GRANTING #42 Joint Motion to Extend Time to Complete Alternative Dispute Resolution. IT IS HEREBY ORDERED THAT the parties' ADR shall take placeon or before 10/5/2022. IT IS FURTHER ORDERED THAT a revised Stipulation SelectingADR Process reflecting the new mediation date is due within three business (3) days of this Order. Signed by Judge Christy Criswell Wiegand on 8/18/2022. 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 42
Joint MOTION to Extend Time to Complete Alternative Dispute Resolution by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Attachments: #1 Proposed Order) (Waugh, Theresa)
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Filing 41
AMENDED ANSWER to Amended Complaint 39 Order on Motion to Amend, by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Waugh, Theresa)
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Filing 40
ORDER GRANTING #38 Motion to Withdraw as Attorney. Attorney Pierre-Joseph Noebes terminated. Signed by Judge Christy Criswell Wiegand on 6/21/2022. 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 39
ORDER GRANTING #37 Consent Motion to Amend #24 Answer to Amended Complaint by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. IT IS HEREBY ORDERED that Defendants shall file their amended answer, as attached to said motion, on or before 6/22/2022. Signed by Judge Christy Criswell Wiegand on 6/17/2022. 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 38
MOTION to Withdraw as Attorney by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Attachments: #1 Proposed Order) (Noebes, Pierre-Joseph)
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Filing 37
MOTION to Amend #24 Answer to Amended Complaint by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Attachments: #1 Exhibit A - Amended Answer to Amended Class Action Complaint, #2 Proposed Order to Motion to Amend Answer to Amended Class Action Complaint) (Waugh, Theresa)
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Filing 36
STIPULATION selecting ADR process by DAIKEL TORRES. (Santillo, R.)
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Filing 35
ORDER re #34 Joint Motion to Extend Time to Complete Alternative Dispute Resolution. In light of the parties' representations regarding the discovery they have completed to date, and the specific reasons supporting their request to extend the current ADR deadline, together with their representation that the requested extension of the ADR deadline will not impact any other deadlines, IT IS HEREBY ORDERED THAT the #34 Joint Motion is GRANTED, and the parties shall complete ADR on or before 8/26/2022. IT IS FURTHER ORDERED THAT all other deadlines set forth per #31 Case Management Order shall remain in full force and effect. IT IS FURTHER ORDERED THAT the parties shall file a revised Stipulating Selecting ADR Process reflecting the new mediation date on or before 6/22/2022. Signed by Judge Christy Criswell Wiegand on 6/17/2022. 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 34
Joint MOTION to Extend Time to Complete Alternative Dispute Resolution by DAIKEL TORRES. (Attachments: #1 Proposed Order) (Santillo, R.)
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Filing 33
PROTECTIVE ORDER. Signed by Judge Christy Criswell Wiegand on 6/3/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (jmm)
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Filing 32
STIPULATED PROTECTIVE ORDER by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Attachments: #1 Exhibit Exhibits for Protective Order) (Waugh, Theresa)
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Filing 31
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 5/4/2022; Any Motion to Add New Parties and/or Amend Pleadings due by 6/17/2022; Mediation to take place by 6/24/2022; First Phase of Discovery due by 11/18/2022; Plaintiff's Expert Disclosures due by 9/9/2022; Defendant's Expert Disclosures due by 10/7/2022; Parties' Expert Discovery due by 11/18/2022; Plaintiff's Motion for Class Certification due by 12/22/2022; Defendant's Response to Motion due by 1/20/2023; Plaintiff's Reply re Motion due by 2/3/2023 as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 4/5/2022. (jmm)
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Filing 30
Minute Entry for Initial Case Management Conference before Judge Christy Criswell Wiegand held on 4/5/2022. (Court Reporter: None) (jmm)
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Filing 29
STIPULATION selecting ADR process by DAIKEL TORRES. (Santillo, R.)
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Filing 28
ORDER re #26 Stipulation Selecting ADR Process. The parties' ADR Stipulation is hereby STRICKEN. The parties are directed to refile an ADR stipulation selecting a date certain for the mediation session that is within sixty (60) days of the Initial Case Management Conference. See ADR Policies and Procedures, Section 3.4.B (available at: https://www.pawd.uscourts.gov/sites/pawd/files/ADR_Policies_and_Procedures_112818.pdf). Signed by Judge Christy Criswell Wiegand on 3/30/2022. 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 27
REPORT of Rule 26(f) Planning Meeting. (Santillo, R.)
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Filing 26
STIPULATION selecting ADR process by DAIKEL TORRES. (Santillo, R.) Document hidden from public view per 28 order. Modified text on 3/30/2022. (jmm)
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Filing 25
ORDER SETTING INITIAL SCHEDULING CONFERENCE: Initial Case Management Conference set for 4/5/2022 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Rule 26 Meeting to be conducted on or before 3/22/2022. Rule 26 Meeting Report and ADR Stipulation due by 3/29/2022. Confidential Position Letters due by 3/31/2022. Signed by Judge Christy Criswell Wiegand on 3/10/2022. (jmm)
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Filing 24
ANSWER to #23 Amended Complaint, by BRAND ENERGY SERVICES, LLC, BRANDSAFWAY INDUSTRIES LLC. (Young, Kevin)
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Filing 23
First AMENDED COMPLAINT - CLASS ACTION against BRANDSAFWAY INDUSTRIES LLC, Brand Energy Services LLC BRANDSAFWAY INDUSTRIES LLC answer due 3/8/2022; Brand Energy Services LLC answer due 3/8/2022, filed by DAIKEL TORRES. (Santillo, R.)
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Filing 22
ORDER re #16 STIPULATION AND PROPOSED ORDER PERMITTING PLAINTIFF TO FILE AMENDED CLASS ACTION COMPLAINT. The Court, having reviewed the parties' Stipulation, see ECF No. 16, and supplements, see ECF Nos. 19 and 21, is satisfied that the parties' proposed course of action will not deprive the Court of jurisdiction in this case. Accordingly, the Court approves the #16 Stipulation. Plaintiff shall file the proposed Amended Complaint on or before 2/22/2022 and the Clerk shall amend the caption to substitute BrandSafway Industries LLC f/k/a Brand Energy Services LLC and Brand Energy Services LLC for Brand Industrial Services, Inc. as the named defendants. Signed by Judge Christy Criswell Wiegand on 2/18/2022. 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 21
SUPPLEMENT by BRAND INDUSTRIAL SERVICES, INC. to #16 Stipulation. (Waugh, Theresa)
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Filing 20
ORDER re #18 Consent Motion for Extension of Time. The Consent Motion is hereby GRANTED. The deadline to file any supplement to the parties' stipulation, see ECF Nos. 16-17, is hereby extended to 2/17/2022. Signed by Judge Christy Criswell Wiegand on 2/10/2022. 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 19
RESPONSE AND SUPPLEMENT to 17 Order, filed by DAIKEL TORRES. (Santillo, R.) Modified text to remove extra punctuation on 2/11/2022. (keh)
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Filing 18
Consent MOTION for Extension of Time to File Response/Reply to Court Order by BRAND INDUSTRIAL SERVICES, INC.. (Attachments: #1 Proposed Order) (Waugh, Theresa)
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Filing 17
ORDER re #16 STIPULATION AND PROPOSED ORDER PERMITTING PLAINTIFF TO FILE AMENDED CLASS ACTION COMPLAINT. The parties propose that Plaintiff be permitted to file an Amended Complaint, through which new defendantsBrandSafway Industries LLC f/k/a Brand Energy Services LLC (d/b/a "BrandSafway") and Brand Energy Services LLCwill be substituted for the current Defendant, Brand Industrial Services, Inc. See ECF No. 16. The Court's jurisdiction is based on the Class Action Fairness Act ("CAFA"), which, as relevant here, requires only minimal diversity. See ECF No. 1; see also 28 U.S.C. 1332(d). At the time of removal, that requirement was met because Plaintiff is a citizen of Pennsylvania and Defendant Brand Industrial Services, Inc., is a citizen of Georgia. See id. at paras. 20-23. According to the proposed Amended Complaint, the new defendants to be added are Delaware entities, both of which maintain a principal place of business in Pennsylvania. See ECF No. 16 at Ex. A, para. 2; see also 28 U.S.C. 1332(d)(10) (for purposes of CAFA, an LLC takes on the citizenship of its principal place of business and state of organization). Furthermore, while, given the nature and scope of this lawsuit, it is likely that at least one class member is not a Pennsylvania citizen, the proposed amended complaint does not appear to include any allegations regarding the citizenship of putative class members. See ECF No. 16 at Ex. A, paras. 13-19. Therefore, while the Court is aware that subject matter jurisdiction is generally assessed at the time of removal, see, e.g., Abels v. State Farm Fire & Cas. Co., 770 F.2d 26, 29 (3d Cir. 1985) ("The defendant's right to remove is to be determined according to the plaintiffs' pleading at the time of the petition for removal") (citation omitted), the proposed amendment, which it appears to the Court would result in not even minimal diversity between the parties, potentially implicates 28 U.S.C. 1447(e), which provides that "[i]f after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court." As such, the parties are hereby ORDERED to file, on or before 2/10/2022, a supplement to their #16 Stipulation, not to exceed five (5) pages, double-spaced, establishing that the proposed amendment will not deprive the Court of jurisdiction over this case. Signed by Judge Christy Criswell Wiegand on 2/3/2022. 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 16
STIPULATION AND PROPOSED ORDER PERMITTING PLAINTIFF TO FILE AMENDED CLASS ACTION COMPLAINT (The Parties Respectfully Request that the Court Sign and Enter this Document) by DAIKEL TORRES. (Santillo, R.)
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Filing 15
ORDER re #14 Consent Motion for Extension of Time to File Answer. The Consent Motion is hereby GRANTED. The deadline for Defendant to respond to the Complaint is hereby extended to 2/1/2022. Signed by Judge Christy Criswell Wiegand on 1/24/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (htm)
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Filing 14
Consent MOTION for Extension of Time to File Answer by BRAND INDUSTRIAL SERVICES, INC.. (Attachments: #1 Proposed Order) (Waugh, Theresa)
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Filing 13
ORDER granting #10 Motion for Pierre-Joseph Noebes to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 1/4/2022. 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
ORDER GRANTING #9 Motion for Theresa Waugh to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 1/4/2022. 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 11
ORDER GRANTING #8 Motion for Kevin M. Young to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 1/4/2022. 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 10
MOTION for attorney Pierre-Joseph Noebes to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6882125) by BRAND INDUSTRIAL SERVICES, INC.. (Attachments: #1 Exhibit Certificate of Good Standing) (Noebes, Pierre-Joseph)
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Filing 9
MOTION for attorney Theresa Waugh to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6880760) by BRAND INDUSTRIAL SERVICES, INC.. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Waugh, Theresa)
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Filing 8
MOTION for attorney Kevin M. Young to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6880716) by BRAND INDUSTRIAL SERVICES, INC.. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Young, Kevin)
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Filing 7
Disclosure Statement identifying Brand Shared Services, LLC as corporate parent or other affiliate, by BRAND INDUSTRIAL SERVICES, INC. (Pagac, Shelly) Modified text to remove extra punctuation on 12/14/2021. (keh)
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Filing 6
Stipulation for Extension of Time to Answer by BRAND INDUSTRIAL SERVICES, INC. Answer due from BRAND INDUSTRIAL SERVICES, INC. on 1/24/2022. (Attachments: #1 Proposed Order) (Pagac, Shelly)
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Filing 5
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 4
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 12/7/2021. (jmm)
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Filing 3
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. (jmm)
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Filing 2
NOTICE of Appearance by R. Andrew Santillo on behalf of DAIKEL TORRES. (Santillo, R.)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 12/13/2021. (keh)
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Filing 1
NOTICE OF REMOVAL from Beaver County, case number 2021-11441 Copies attached: initial case management conference order, civil cover sheet, complaint, (Filing fee, including Administrative fee, $402, receipt number APAWDC-6836122), filed by BRAND INDUSTRIAL SERVICES, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (keh)
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