CLEMENTE et al v. ALLSTATE INSURANCE COMPANY
| ROBERTO CLEMENTE, JR., KIMBERLY DSCHUHAN, RYAN NORTON, KAILEE CLEMENTE and THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC |
| ALLSTATE INSURANCE COMPANY, TOMAINO INSURANCE AGENCY, JOHN TOMAINO and JUSTIN YOUNG |
| 2:2022cv00056 |
| January 10, 2022 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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Filing 93
ORDER that, in light of the Court having been advised of a discovery dispute, the Court will hold a Telephonic Conference on 11/17/2023 at 1:00 PM. On or before NOON on 11/15/2023 each party shall provide for the Court with a brief description, not to exceed three (3) pages, of the nature of the discovery dispute and their requested resolution as to the dispute, so that the Court may discuss the issues with the parties during the 11/17/2023 conference. Descriptions of the discovery dispute should be emailed to Wiegand_Chambers@pawd.uscourts.gov, copying opposing counsel. Signed by Judge Christy Criswell Wiegand on 11/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 92
ORDER granting #91 Motion for AUSTIN SKELTON to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 11/03/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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Filing 91
MOTION for attorney AUSTIN SKELTON to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7964133) by THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (Skelton, Austin)
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Filing 90
ORDER re #89 Joint Motion for Extension of Time to Complete Fact Discovery by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. The 88 Case Management Order is amended as follows: Fact Discovery due by 12/22/2023; Confidential Position Letters due by 12/19/2023; Post-Discovery Status Conference currently set for 10/10/2023 is RESCHEDULED to 12/29/2023 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. To the extent that the parties requested a longer extension of the fact discovery deadline, the Motion is DENIED. No further extension of time will be granted absent extraordinary circumstances Signed by Judge Christy Criswell Wiegand on 10/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 89
Joint MOTION for Extension of Time to Complete Discovery by ALLSTATE INSURANCE COMPANY. (King, Alan)
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Filing 88
ORDER re #87 Joint Motion for Extension of Time to Complete Fact Discovery by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. The #81 Case Management Order is amended as follows: Fact Discovery due by 11/17/2023; Confidential Position Letters due by 11/20/2023; Post-Discovery Status Conference currently set for 10/10/2023 is RESCHEDULED to 11/27/2023 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. To the extent that the parties requested a longer extension of the fact discovery deadline, the Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 9/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Filing 87
Joint MOTION for Extension of Time to Complete Discovery by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 86
REPORT of Mediation: Case has not resolved. SALLY GRIFFITH CIMINI terminated. Attorney Sally G. Cimini terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed #here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 6/21/2023. (Cimini, Sally)
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Filing 85
AMENDED ANSWER to #64 Amended Complaint, and Defenses by ALLSTATE INSURANCE COMPANY. (King, Alan)
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Filing 84
Notice of Mediation by SALLY GRIFFITH CIMINI. Mediation Date June 21, 2023 at 10:00 a.m. (Cimini, Sally)
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Filing 83
OPINION AND ORDER re #67 Partial Motion to Dismiss for Failure to State a Claim re #64 Amended Complaint, filed by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED that Defendant ALLSTATE INSURANCE COMPANY's #67 Motion to Partially Dismiss is DENIED as more fully set forth in said order. Signed by Judge Christy Criswell Wiegand on 4/13/2023. (jmm)
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Filing 82
ORDER REFERRING CASE to Mediation. Sally Griffith Cimini is appointed as mediator. Signed by Judge Christy Criswell Wiegand on 4/4/2023. (jmm)
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Filing 81
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 4/25/2023; Any Motion to Add New Parties and/or Amend Pleadings due by 5/25/2023; ADR to take place on or before 6/21/2023; Fact Discovery due by 10/2/2023; Confidential Position Letters due by 10/4/2023; Post-Discovery Status Conference set for 10/10/2023 at 9:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 4/4/2023. (jmm)
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Filing 80
Minute Entry for Initial Case Management Conference before Judge Christy Criswell Wiegand held on 4/4/2023. (Court Reporter: None) (jmm)
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Filing 79
Errata re #78 Stipulation Selecting ADR process by ALLSTATE INSURANCE COMPANY. Reason for Correction: Signatures. (King, Alan)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #78 Stipulation Selecting ADR process. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (ctb)
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Filing 78
STIPULATION selecting ADR process by ALLSTATE INSURANCE COMPANY. (King, Alan) Document removed from public view and refiled at #79 Errata; Modified text on 3/31/2023. (ctb)
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Filing 77
REPORT of Rule 26(f) Planning Meeting. (Lacy, Andrew)
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Filing 76
ORDER re #74 Motion to Extend Time to Complete Case Management Deadlines. It is HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. The Motion is DENIED insofar as the parties request a continuance of the initial case management conference scheduled for 4/4/2023 at 11:00 AM. The Motion is GRANTED insofar as the parties request an extension of the pre-conference deadlines set forth at ECF No. 71. Specifically, it is HEREBY ORDERED that the parties shall meet and confer on or before 3/27/2023, shall file their Rule 26(f) report and ADR stipulation on or before 3/29/2023, and shall submit their confidential position letters on or before 3/30/2023. Signed by Judge Christy Criswell Wiegand on 3/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pca)
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Filing 75
Proposed Order re #74 Motion to Extend Time for Case Management Deadlines by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Lacy, Andrew)
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Filing 74
MOTION to Extend Time to Complete CASE MANAGEMENT DEADLINES by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Lacy, Andrew)
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Filing 73
REPLY to #72 Response to Motion re #67 Motion to Dismiss for Failure to State a Claim filed by ALLSTATE INSURANCE COMPANY. (King, Alan) Modified text on 3/30/2023 to add document linkage. (ctb)
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Filing 72
RESPONSE IN OPPOSITION to #67 Motion to Dismiss for Failure to State a Claim, filed by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Lacy, Andrew)
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Filing 71
ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE: Initial Case Management Conference set for 4/4/2023 at 11:00 AM via Telephonic Conference before Judge Christy Criswell Wiegand. Rule 26 Meeting to be conducted on or before 3/21/2023. Rule 26 Meeting Report and ADR Stipulation due by 3/28/2023; Confidential Position Letters due by 3/30/2023. Signed by Judge Christy Criswell Wiegand on 3/7/2023. (jmm)
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Filing 70
ANSWER to #64 Amended Complaint, and Defenses by ALLSTATE INSURANCE COMPANY. (King, Alan)
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Filing 69
Stipulation for Extension of Time to Answer by ALLSTATE INSURANCE COMPANY Answer due from ALLSTATE INSURANCE COMPANY on 3/1/2023. (King, Alan)
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Filing 68
BRIEF in Support re #67 Motion to Dismiss for Failure to State a Claim filed by ALLSTATE INSURANCE COMPANY. (King, Alan)
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Filing 67
Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #64 Amended Complaint, by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order, #2 Certification of Conference) (King, Alan)
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Filing 66
ORDER GRANTING #65 Unopposed Motion for Extension of Time to File Answer re #64 Amended Complaint, filed by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED THAT Defendant ALLSTATE INSURANCE COMPANY shall file its answer or responsive pleading to Plaintiffs' #64 Third Amended Complaint on or before 2/15/2023. Signed by Judge Christy Criswell Wiegand on 1/18/2023. 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 65
Unopposed MOTION for Extension of Time to File Answer re #64 Amended Complaint, filed by KAILEE CLEMENTE, RYAN NORTON, KIMBERLY DSCHUHAN, ROBERTO CLEMENTE, JR., THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 64
Third AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY ALLSTATE INSURANCE COMPANY answer due 1/25/2023, filed by KIMBERLY DSCHUHAN; KAILEE CLEMENTE; THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC; ROBERTO CLEMENTE, JR; RYAN NORTON. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Lacy, Andrew)
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Filing 63
ORDER re #43 Motion to Dismiss for Failure to States Claim re #36 Amended Complaint, filed by TOMAINO INSURANCE AGENCY, JOHN TOMAINO and #49 Motion to Dismiss for Failure to States Claim re #36 Amended Complaint, filed by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED THAT Defendant ALLSTATE INSURANCE COMPANY's #49 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED THAT Defendants TOMAINO INSURANCE AGENCY and JOHN TOMAINO's #43 Motion to Dismiss is GRANTED as more fully set forth in said order. IT IS FURTHER ORDERED THAT Plaintiffs are granted leave to amend. Plaintiffs shall file an amended complaint, if any, on or before 1/11/2023. Signed by Judge Christy Criswell Wiegand on 12/28/2022. (jmm)
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Filing 62
OPINION re #43 Motion to Dismiss for Failure to States Claim re #36 Amended Complaint, filed by TOMAINO INSURANCE AGENCY, JOHN TOMAINO and #49 Motion to Dismiss for Failure to States Claim re #36 Amended Complaint, filed by ALLSTATE INSURANCE COMPANY. Defendant ALLSTATE INSURANCE COMPANY's #49 Motion to Dismiss will be GRANTED IN PART and DENIED IN PART. Defendants TOMAINO INSURANCE AGENCY and JOHN TOMAINO's #43 Motion to Dismiss will be GRANTED as more fully stated in said opinion. Signed by Judge Christy Criswell Wiegand on 12/28/2022. (jmm)
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Filing 61
REPLY to Response to Motion re #49 Motion to Dismiss for Failure to State a Claim, #50 Brief in Support of Motion, #58 Response in Opposition filed by ALLSTATE INSURANCE COMPANY. (King, Alan) Modified on 8/31/2022 to add document linkage (jma).
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Filing 60
ORDER GRANTING #59 Unopposed Motion for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED THAT Defendant ALLSTATE INSURANCE COMPANY may file a reply brief in support of its #49 Motion to Dismiss #36 Amended Complaint, not to exceed ten (10) pages on or before 8/29/2022. Signed by Judge Christy Criswell Wiegand on 8/23/2022. 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 59
Unopposed MOTION for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 58
RESPONSE IN OPPOSITION to #49 Motion to Dismiss for Failure to State a Claim, filed by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Lacy, Andrew)
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Filing 57
ORDER re #56 Unopposed Motion for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. In light of the fact that Plaintiffs have not filed their response to Defendant's #49 Motion to Dismiss, Defendant ALLSTATE INSURANCE COMPANY's #56 Motion is DENIED WITHOUT PREJUDICE, and may be refiled after Plaintiffs file their response to #49 Motion. Signed by Judge Christy Criswell Wiegand on 8/17/2022. 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 56
Unopposed MOTION for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 55
REPLY to Response to Motion re #54 RESPONSE IN OPPOSITION, #43 Motion to Dismiss for Failure to State a Claim filed by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Berardinelli, David) Modified on 8/13/2022 to add linkage (lar).
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Filing 54
RESPONSE IN OPPOSITION to #43 Motion to Dismiss for Failure to State a Claim, filed by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Attachments: #1 Exhibit) (Lacy, Andrew)
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Filing 53
ORDER GRANTING #51 Motion to Withdraw as Attorney. Attorney Andrew Jason Wu terminated. Signed by Judge Christy Criswell Wiegand on 7/28/2022. 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 52
Proposed Order re #51 Motion to Withdraw as Attorney by ALLSTATE INSURANCE COMPANY. (Wu, Andrew)
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Filing 51
MOTION to Withdraw as Attorney by ALLSTATE INSURANCE COMPANY. (Wu, Andrew)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #51 Motion to Withdraw as Attorney. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. ACTION REQUIRED! (lar)
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Filing 50
BRIEF in Support re #49 Motion to Dismiss for Failure to State a Claim filed by ALLSTATE INSURANCE COMPANY. (Balonick, Brian)
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Filing 49
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #36 Amended Complaint, by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Certification of Conference, #2 Proposed Order) (Balonick, Brian) Modified on 7/12/2022 (lar).
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Filing 48
ORDER GRANTING #45 Motion for Leave to File Excess Pages and #47 Motion for Extension of Time to File. Defendant ALLSTATE INSURANCE COMPANY may file a brief in support of its Motion to Dismiss the Second Amended Complaint not to exceed thirty-five (35) pages, double-spaced, on or before 7/11/2022. Plaintiffs shall file a response to Defendant ALLSTATE INSURANCE COMPANY's Motion to Dismiss not to exceed thirty-five (35) pages, double-spaced, on or before 8/22/2022 and shall file a response to JOHN TOMAINO, TOMAINO INSURANCE AGENCY's Motion to Dismiss, not to exceed twenty-two (22) pages, double-spaced. Signed by Judge Christy Criswell Wiegand on 7/8/2022. 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 47
MOTION for Extension of Time to File RESPONSE TO #43 DEFENDANTS MOTIONS TO DISMISS by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Lacy, Andrew) Modified on 7/8/2022 to add linkage (lar).
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Filing 46
RESPONSE IN OPPOSITION to #45 Motion for Leave to File Excess Pages, filed by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Lacy, Andrew)
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Filing 45
MOTION for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 44
BRIEF in Support re #43 Motion to Dismiss for Failure to State a Claim filed by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Attachments: #1 Exhibit A) (Berardinelli, David)
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Filing 43
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #36 Amended Complaint, by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Attachments: #1 Proposed Order) (Berardinelli, David)
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Filing 42
ORDER GRANTING #41 Unopposed Motion for Leave to File Excess Pages by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. IT IS HEREBY ORDERED THAT Defendants TOMAINO INSURANCE AGENCY and JOHN TOMAINO may file a brief in support of their motion to dismiss the second amended complaint, not to exceed 22 pages, double-spaced, on or before 7/11/2022. Signed by Judge Christy Criswell Wiegand on 6/29/2022. 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 41
Unopposed MOTION for Leave to File Excess Pages in Brief in Support of Motion to Dismiss the Second Amended Complaint Not to Exceed 22 Pages by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Attachments: #1 Proposed Order) (Berardinelli, David)
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Filing 40
ORDER GRANTING IN PART AND DENYING IN PART #39 Joint Motion for Extension of Time to File Answer re #36 Amended Complaint. IT IS HEREBY ORDERED THAT Defendants shall file an answer or responsive pleading on or before 7/11/2022. However if Defendants file a motion to dismiss, the court's briefing schedule set forth in its practices & procedures at https://www.pawd.uscourts.gov/sites/pawd/files/Wiegand_Interim_Practices_Oct_2020.pdf, will take precedence and therefore the #39 Motion is denied in all other respects. 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 39
Joint MOTION for Extension of Time to File Answer re #36 Amended Complaint, filed by KAILEE CLEMENTE, RYAN NORTON, KIMBERLY DSCHUHAN, ROBERTO CLEMENTE, JR., THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC , Joint MOTION for Extension of Time to File Response/Reply by ALLSTATE INSURANCE COMPANY, JOHN TOMAINO, TOMAINO INSURANCE AGENCY, JUSTIN YOUNG. (Attachments: #1 Proposed Order) (King, Alan)
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Filing 38
ORDER. In light of Plaintiffs' #36 Second Amended Complaint, Defendants JOHN TOMAINO & TOMAINO INSURANCE AGENCY's #32 Motion to Dismiss and Defendants ALLSTATE INSURANCE COMPANY & JUSTIN YOUNG's #34 Motion to Dismiss are HEREBY DENIED AS MOOT. Signed by Judge Christy Criswell Wiegand on 6/13/22. 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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Update Answer Deadline: Answer due from ALLSTATE INSURANCE COMPANY on 6/24/2022; JOHN TOMAINO on 6/24/2022; TOMAINO INSURANCE AGENCY on 6/24/2022; JUSTIN YOUNG on 6/24/2022 (lar)
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Filing 37
EXHIBITS Written Consent to File Amended Complaint in Support of #36 Amended Complaint, by KAILEE CLEMENTE, ROBERTO CLEMENTE, JR, KIMBERLY DSCHUHAN, RYAN NORTON, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Lacy, Andrew)
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Filing 36
Second AMENDED COMPLAINT , with Certificate of Service, against ALLSTATE INSURANCE COMPANY, JOHN TOMAINO, TOMAINO INSURANCE AGENCY, JUSTIN YOUNG, filed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Lacy, Andrew) Modified on 6/13/2022 (lar).
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Filing 35
BRIEF in Support re #34 Motion to Dismiss for Failure to State a Claim filed by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Exhibit A) (Balonick, Brian)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #29 Amended Complaint, by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Declaration, #2 Proposed Order) (Balonick, Brian)
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Filing 33
BRIEF in Support re #32 Motion to Dismiss filed by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Berardinelli, David)
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Filing 32
MOTION to Dismiss for Failure to State a Claim re #29 Amended Complaint, by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Attachments: #1 Proposed Order) (Berardinelli, David) Modified on 5/25/2022 (lar).
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Filing 31
ORDER GRANTING #30 Unopposed Motion for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. IT IS HEREBY ORDERED that Defendants ALLSTATE INSURANCE COMPANY and JUSTIN YOUNG may file a memorandum in support of their Rule 12 motion in response to Plaintiffs' #29 First Amended Complaint totaling no more than thirty-five (35) pages, double-spaced. Signed by Judge Christy Criswell Wiegand on 5/16/2022. 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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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #30 Motion for Leave to File Excess Pages. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. ACTION REQUIRED! CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order when refiling the Motion. (lar)
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Filing 30
Unopposed MOTION for Leave to File Excess Pages by ALLSTATE INSURANCE COMPANY. (Wilson, Ariel)
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Update Answer Deadline: Answer due from ALLSTATE INSURANCE COMPANY on 5/4/2022; JOHN TOMAINO on 5/4/2022; TOMAINO INSURANCE AGENCY on 5/4/2022; JUSTIN YOUNG on 5/4/2022 (lar)
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Update Answer Deadline: Answer due from ALLSTATE INSURANCE COMPANY on 5/20/2022; JOHN TOMAINO on 5/20/2022; TOMAINO INSURANCE AGENCY on 5/20/2022; JUSTIN YOUNG on 5/20/2022, Per Order at 20 . Previous deadline terminated. (lar)
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Filing 29
First AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY, JOHN TOMAINO, TOMAINO INSURANCE AGENCY, JUSTIN YOUNG, filed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lacy, Andrew)
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Filing 28
ORDER granting #24 Motion for Andrew Jason Wu to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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Filing 27
ORDER granting #23 Motion for Noreen H. Cull to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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Filing 26
ORDER granting #22 Motion for Alan S. King to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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Filing 25
ORDER granting #21 Motion for Ariel Wilson to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 4/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmh)
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Filing 24
MOTION for attorney Andrew Jason Wu to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7046311) by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Affidavit, #2 Proposed Order) (Wu, Andrew)
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Filing 23
MOTION for attorney Noreen Cull to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7046266) by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Affidavit, #2 Proposed Order) (Cull, Noreen)
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Filing 22
MOTION for attorney Alan S. King to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7046231) by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Affidavit, #2 Proposed Order) (King, Alan)
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Filing 21
MOTION for attorney Ariel Wilson to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7046109) by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Attachments: #1 Affidavit, #2 Proposed Order) (Wilson, Ariel)
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Filing 20
ORDER GRANTING IN PART AND DENYING IN PART #19 Joint Motion Related to First Amended Complaint and Related Pleadings. The #19 Joint Motion is GRANTED IN PART such that (1) Plaintiffs shall file their First Amended Complaint on or before 4/20/2022, and (2) although under Fed. R. Civ. P. 15(a)(3) Defendants' response would be due 14 days after the filing of the First Amended Complaint, in light of the parties' consent, Defendants' response to the First Amended Complaint shall be due on or before 5/20/2022. The other relief requested in #19 Joint Motion is DENIED. Signed by Judge Christy Criswell Wiegand on 4/8/2022. 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
Joint MOTION Related to First Amended Complaint and Related Pleadings by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Attachments: #1 Proposed Order) (Berardinelli, David)
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Filing 18
Stipulation for Extension of Time to Answer by ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG Answer due from ALLSTATE INSURANCE COMPANY on 4/25/2022; JUSTIN YOUNG on 4/25/2022. (Balonick, Brian)
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Filing 17
NOTICE of Appearance by Erica G. Wilson on behalf of ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Wilson, Erica)
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Filing 16
NOTICE of Appearance by Brian D. Balonick on behalf of ALLSTATE INSURANCE COMPANY, JUSTIN YOUNG. (Balonick, Brian)
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Filing 15
ORDER re #8 Motion for Extension of Time to Answer by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. In light of the fact that Defendants JOHN TOMAINO, TOMAINO INSURANCE AGENCY filed #13 Stipulation for Extension of Time to Answer, IT IS HEREBY ORDERED that Defendants' #8 Motion is DENIED AS MOOT. Signed by Judge Christy Criswell Wiegand on 3/3/2022. 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 14
SUMMONS/Return of Service Returned Executed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. JUSTIN YOUNG served on 3/1/2022, answer due 3/22/2022. (Lacy, Andrew)
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Filing 13
Stipulation for Extension of Time to Answer by TOMAINO INSURANCE AGENCY, JOHN TOMAINO Answer due from TOMAINO INSURANCE AGENCY on 4/25/2022; JOHN TOMAINO on 4/25/2022. (Berardinelli, David)
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Filing 12
ORDER re #8 Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY's Motion for Extension of Time to Answer or Otherwise Plead to the Complaint. Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY assert that they were served on or about 2/18/2022. ECF No. 8. Pursuant to Local Rule 7(E) of the Local Rules of the United States District Court for the Western District of Pennsylvania, "[t]he parties, without Court approval, may file a stipulation one time which extends for a period not to exceed 45 days from the original due date the time for filing either an answer to a complaint or a motion pursuant to Fed. R. Civ. P. 12." According to the motion, Plaintiffs and Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY were unable to stipulate to an extension pursuant to Local Rule 7(E), because Plaintiffs' counsel would only agree to such an extension if Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY agreed not to bring a motion under Rule 12, whereas Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY believe that they have valid Rule 12 motions which they intend to assert after the meet and confer process. ECF No. 8. Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY therefore seek leave of this Court to extend their date for filing a responsive pleading to 4/4/2022. ECF No. 8. A review of the returns of services of Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY filed indicate that Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY were served on 2/15/2022; and in the docket text, Plaintiffs' counsel has indicated the responsive date for Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY is 4/4/2022. See ECF Nos. 10 & 11. Thus, from a review of the docket, it appears that the parties are in agreement as to the 4/4/2022 responsive date for Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY. However, in light of the #8 Motion, Plaintiffs and Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY are HEREBY ORDERED to meet and confer on or before 3/2/2022 and either (1) file a joint stipulation memorializing the extension of Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY responsive date to 4/4/2022 (or another mutually agreed upon date in accordance with Local Rule 7(E)) or (2) if Plaintiffs and Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY are unable to agree on a stipulation, Plaintiffs shall file a response to Defendants JOHN TOMAINO and TOMAINO INSURANCE AGENCY's Motion on or before 3/2/2022. Signed by Judge Christy Criswell Wiegand on 2/25/2022. 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
SUMMONS/Return of Service Returned Executed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. TOMAINO INSURANCE AGENCY served on 2/15/2022, answer due 4/4/2022. (Lacy, Andrew)
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Filing 10
SUMMONS/Return of Service Returned Executed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. JOHN TOMAINO served on 2/15/2022, answer due 4/4/2022. (Lacy, Andrew)
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Filing 9
SUMMONS/Return of Service Returned Executed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. ALLSTATE INSURANCE COMPANY served on 2/17/2022, answer due 3/10/2022. (Lacy, Andrew)
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Filing 8
Motion for Extension of Time to Answer by JOHN TOMAINO, TOMAINO INSURANCE AGENCY. Reason for Correction: Replacing Stipulation with Motion for Extension of Time. (Attachments: #1 Proposed Order) (Berardinelli, David) Modified text on 2/24/2022. (lar) Modified text on 2/25/2022. (jmm)
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Filing 7
Stipulation for Extension of Time to Answer by TOMAINO INSURANCE AGENCY, JOHN TOMAINO Answer due from TOMAINO INSURANCE AGENCY on 4/4/2022; JOHN TOMAINO on 4/4/2022. (Berardinelli, David) Modified text on 2/24/2022 to remove from public view. Refiled as Errata at #8 . (lar)
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Filing 6
NOTICE of Appearance by David J. Berardinelli on behalf of JOHN TOMAINO, TOMAINO INSURANCE AGENCY. (Berardinelli, David)
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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 1/11/2022. (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 shall make service of the notice on all parties. (jmm)
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Filing 2
Summons Issued as to ALLSTATE INSURANCE COMPANY, JOHN TOMAINO, TOMAINO INSURANCE AGENCY, JUSTIN YOUNG (Attachments: #1 Summons, #2 Summons, #3 Summons) (lar)
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Filing 1
COMPLAINT against ALLSTATE INSURANCE COMPANY, JOHN TOMAINO, TOMAINO INSURANCE AGENCY, JUSTIN YOUNG (Filing fee, including Administrative fee, $402, receipt number APAWDC-6892845), filed by KIMBERLY DSCHUHAN, KAILEE CLEMENTE, THE ROBERTO CLEMENTE JR. FAMILY AGENCY LLC, ROBERTO CLEMENTE, JR, RYAN NORTON. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (lar)
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