BURNS v. SHAMA EXPRESS, L.L.C. et al
| EMILY M BURNS |
| BSE TRAILER LEASING, L.L.C., ROBERT LEE, JR, XYZ COMPANIES, JOHN ROES, BSE TRAILER LEASING, L.L.C. doing business as BOWMAN TRAILER LEASING, BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, FALCON TRUCKING, LLC and AMAZON LOGISTICS, INC. |
| SHAMA EXPRESS, L.L.C., MOHAMMED AKBARI and DILAWAR ALI SHAH |
| FROST BROOK TRUCKING, INC., MARK W EDDY, ABC COMPANIES and JOHN DOES |
| 2:2022cv00113 |
| January 20, 2022 |
| US District Court for the Western District of Pennsylvania |
| W Scott Hardy |
| Maureen P Kelly |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 124 REPLY BRIEF in Support of #111 Motion for Protective Order filed by AMAZON LOGISTICS, INC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D) (Clemente, Salvatore) Modified on 12/19/2022 to clarify entry. (jv). |
| Set/Reset Hearings: Video Status Conference set for 12/20/2022 at 09:30 AM byVideo Conference before Magistrate Judge Maureen P. Kelly. (et) |
| Filing 123 Errata re #117 Motion for Status Conference by EMILY M BURNS. Reason for Correction: Signature and Filer to Match. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Fitzgerald, Patrick) |
| Filing 122 Errata re #116 Brief in Opposition to Motion for Protective Order of Defendant Amazon Logistics, Inc.'s by EMILY M BURNS. Reason for Correction: Signature and Filer to Match. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Fitzgerald, Patrick) |
| Filing 121 Errata re #115 Response in Opposition to Defendant Amazon Logistics, Inc.'s Motion for Protective Order by EMILY M BURNS. Reason for Correction: Signature and Filer to Match. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Fitzgerald, Patrick) |
| Filing 120 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (TARANTO, DAMIAN) |
| Filing 119 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Nerone, Michael) |
Filing 118
ORDER granting #117 Motion for Status Conference: Video Status Conference set for 12/20/2022 at 09:30 AM by Video Conference before Magistrate Judge Maureen P. Kelly. A video conference invitation will be sent to counsel by email. Signed by Magistrate Judge Maureen P. Kelly on 12/20/2022. (et)
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| Magistrate Judge Maureen P. Kelly no longer assigned to case as presider. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #115 Response in Opposition, #117 Motion for Status Conference, #116 Brief in Opposition to Motion. ERROR: Signature on documents and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event for each instance and link errata to respective entry. (jv) |
| Judge W. Scott Hardy added as presider and Magistrate Judge Maureen P. Kelly added added as Referred. Motions referred to Maureen P. Kelly. (jv) |
| Filing 117 MOTION for Status Conference via Telephone by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service) (WALDENBERGER, JAMES) |
| Filing 116 BRIEF in Opposition re #111 Motion for Protective Order filed by EMILY M BURNS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (WALDENBERGER, JAMES) |
| Filing 115 RESPONSE IN OPPOSITION to #111 Motion for Protective Order, #112 Brief in Support of Motion, filed by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service) (WALDENBERGER, JAMES) |
| Filing 114 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by AMAZON LOGISTICS, INC. (Clemente, Salvatore) |
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Filing 113
ORDER Response re: #111 Motion for Protective Order. Any response to the Motion for Protective Order must be filed by 12/19/2022. The parties also may submit any proposed alternative Confidentiality Agreement/Protective Order for the Court's consideration by this date. Signed by Magistrate Judge Maureen P. Kelly on 12/12/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Filing 112 BRIEF in Support re #111 Motion for Protective Order filed by AMAZON LOGISTICS, INC. (Attachments: #1 Certificate of Service) (Clemente, Salvatore) |
| Filing 111 MOTION for Protective Order by AMAZON LOGISTICS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Certificate of Service) (Clemente, Salvatore) |
| Filing 110 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by EMILY M BURNS. (jv) |
| Filing 109 NOTICE of Consent Filing Consent to Jurisdiction by United States Magistrate Judge as to Emily Burns by EMILY M BURNS. (WALDENBERGER, JAMES) Document removed from public view and refiled at #110 . Modified on 12/7/2022 (kss). |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #109 NOTICE of Consent Filing. ERROR: Wrong event selected. CORRECTION: Removed from public view since court re-docketed as #110 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option. This message is for informational purposes only. (jv) Modified on 12/7/2022 to add language that this was removed from public view (jv). |
| Filing 108 SUMMONS/Return of Service Returned Executed by EMILY M BURNS. FALCON TRUCKING, LLC served on 12/1/2022, answer due 12/22/2022. (WALDENBERGER, JAMES) |
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Filing 107
ORDER Approving #106 Stipulation filed by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. Signed by Magistrate Judge Maureen P. Kelly on 12/2/2022. (et)
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| Filing 106 STIPULATION Joint Supplemental Stipulation by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Fowler, Joseph) |
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Filing 105
ORDER: Video Status Conference set for 1/5/2023 at 09:00 AM by Video Conference before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 12/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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| Filing 104 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Status Conference held on 12/1/2022. (Court Reporter: none) (et) |
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Filing 103
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 12/15/2022, 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 12/15/2022; Signed by Magistrate Judge Maureen P. Kelly on 12/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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Filing 102
ORDER granting #100 Motion for Service by Publication. Signed by Magistrate Judge Maureen P. Kelly on 12/1/2022. (et)
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| Filing 101 Disclosure Statement identifying None as corporate parent or other affiliate, by AMAZON LOGISTICS, INC. (Clemente, Salvatore) |
| Filing 100 First MOTION for Service by Publication by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (WALDENBERGER, JAMES) |
| Filing 99 NOTICE of Appearance by Jared Matthew Smith on behalf of BSE TRAILER LEASING, L.L.C. (Smith, Jared) |
| Filing 98 NOTICE of Appearance by Jared Matthew Smith on behalf of AMAZON.COM, INC. (Smith, Jared) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #98 Notice of Appearance. 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 11/16/2022. (jv) |
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Filing 97
ORDER granting #95 MOTION to Withdraw as Attorney Todd Brown by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C. Attorney Todd R. Brown terminated. Signed by Magistrate Judge Maureen P. Kelly on 10/7/2022. (mqe)
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| Filing 96 NOTICE of Appearance by Brendan K. Birmingham on behalf of MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Birmingham, Brendan) |
| Filing 95 MOTION to Withdraw as Attorney Todd Brown by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Attachments: #1 Proposed Order) (Nerone, Michael) |
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Filing 94
ORDER granting Plaintiff's Motion to Extend Time Limit for Service of Process, ECF No. 93. The deadline for service of process of Defendant Falcon Trucking is extended for an additional 90 days from the original deadline of 10/10/22. Plaintiff's Motion for Leave to Employ Alternative Service, ECF No. 93, is denied without prejudice. Alternative service is only appropriate when service cannot be made under the applicable Rules of Civil Procedure. At this point, there appear to be potential addresses that Plaintiff's investigator has identified but not tried yet. Any subsequent motion must include an affidavit setting forth the efforts to locate possible addresses and the specific nature of efforts to effectuate service. Calabro v. Leiner, 464 F. Supp. 2d 470 (E.D. Pa. 2006). Signed by Magistrate Judge Maureen P. Kelly on 10/6/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 93 First MOTION to Extend Time to 90 days by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service) (WALDENBERGER, JAMES) Modified on 10/3/2022 to remove extra motion (ctb). |
| Filing 92 ANSWER to #43 Amended Complaint with Affirmative Defenses , CROSSCLAIM against MOHAMMED AKBARI, DILAWAR ALI SHAH, MARK W EDDY, FALCON TRUCKING, LLC, FROST BROOK TRUCKING, INC., ROBERT LEE, JR, SHAMA EXPRESS, L.L.C. by AMAZON.COM, INC. (Clemente, Salvatore) |
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Filing 91
ORDER granting #90 Motion to Extend Time for ADR. ADR to be completed on or before 2/1/2023. Signed by Magistrate Judge Maureen P. Kelly on 9/30/2022. (et)
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| Filing 90 Joint MOTION to Extend Time to Complete Early ADR by AMAZON.COM, INC.. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Clemente, Salvatore) |
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Filing 89
ORDER granting #88 Defendant Amazon Motion for Extension of Time to Answer with Affirmative Defenses to Plaintiff's First Amended Complaint. AMAZON.COM, INC. answer due on 9/30/2022. Signed by Magistrate Judge Maureen P. Kelly on 9/23/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 88 MOTION for Extension of Time to File Answer with Affirmative Defenses to Plaintiff's First Amended Complaint by AMAZON.COM, INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Clemente, Salvatore) |
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Filing 87
ORDER granting #85 Motion to Modify Case Management Order. Discovery due by 2/23/2023. Signed by Magistrate Judge Maureen P. Kelly on 9/21/2022. (et)
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| Discovery due by 2/23/2023. (et) |
| Filing 86 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Status Conference held on 9/21/2022. Telephonic Status Conference set for 12/1/2022 at 10:00 AM by Telephone Conference before Magistrate Judge Maureen P. Kelly. (Court Reporter: none) (et) |
| Filing 85 MOTION to Modify Case Management Order by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Fitzgerald, Patrick) |
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Filing 84
ORDER Approving #78 Stipulation, filed by BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C., BOWMAN GROUP L.L.P., AMAZON.COM, INC. Signed by Magistrate Judge Maureen P. Kelly on 9/20/2022. (et)
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Filing 83
ORDER Approving #77 Stipulation to substitute party defendants, dismiss certain party defendants without prejudice, and amend the first amended complaint and case caption as set forth herein. Signed by Magistrate Judge Maureen P. Kelly on 9/20/2022. (et)
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| Filing 82 SUMMONS/Return of Service Returned Executed by EMILY M BURNS. BOWMAN GROUP L.L.P. served on 8/18/2022, answer due 9/8/2022. (WALDENBERGER, JAMES) |
| Filing 81 SUMMONS/Return of Service Returned Executed by EMILY M BURNS. BOWMAN TRAILER LEASING served on 8/18/2022, answer due 9/8/2022. (WALDENBERGER, JAMES) |
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Filing 80
ORDER denying as moot #68 Motion to Strike Allegations of Recklessness with Prejudice in light of the Notice of Withdrawal of Motion, ECF No. 79. Signed by Magistrate Judge Maureen P. Kelly on 9/13/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (akr)
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| Filing 79 NOTICE Withdrawal of Motion by AMAZON.COM, INC. re #68 Motion to Strike (Attachments: #1 Certificate of Service) (Clemente, Salvatore) |
| Filing 78 STIPULATION re #43 Amended Complaint,,, Strike and Dismiss Recklessness and Punitives without Prejudice by AMAZON.COM, INC., BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C.. (Attachments: #1 Certificate of Service) (Clemente, Salvatore) |
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Filing 77
STIPULATION and order to substitute party defendants, dismiss certain party defendants without prejudice, and amend the first amended complaint and case caption by EMILY M BURNS. (WALDENBERGER, JAMES)
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| Filing 76 ANSWER to #43 Amended Complaint, with Affirmative Defenses, CROSSCLAIM against ABC COMPANIES, MOHAMMED AKBARI, DILAWAR ALI SHAH, AMAZON.COM, INC., BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C., JOHN DOES, FALCON TRUCKING, LLC, JOHN ROES, SHAMA EXPRESS, L.L.C., XYZ COMPANIES by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
| Filing 75 ANSWER to #70 Crossclaim, by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
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Filing 74
ORDER terminating #59 Motion to Strike Allegations of Recklessness From Plaintiff's First Amended Complaint filed by Defendants Frost Brook Trucking, Robert Lee, Jr., and Mark W. Eddy, based on the Notice of Withdrawal of Motion filed at ECF No. 73. Signed by Magistrate Judge Maureen P. Kelly on 8/31/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 73 NOTICE of Withdrawal of Motion by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR re #59 Motion to Strike, (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
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Filing 72
ORDER Response re #68 Motion to Strike. Plaintiff's Response to the Motion due by 9/14/2022. Signed by Magistrate Judge Maureen P. Kelly on 8/30/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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Filing 71
ORDER Approving #67 Stipulation filed by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. Signed by Magistrate Judge Maureen P. Kelly on 8/29/2022. (et)
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| Filing 70 ANSWER to #43 Amended Complaint, CROSSCLAIM against ABC COMPANIES, BSE TRAILER LEASING, L.L.C., JOHN DOES, MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR, JOHN ROES, XYZ COMPANIES by DILAWAR ALI SHAH, MOHAMMED AKBARI, SHAMA EXPRESS, L.L.C. (Nerone, Michael) |
| Filing 69 BRIEF in Support re #68 Motion to Strike allegations of recklessness with prejudice filed by AMAZON.COM, INC.. (Attachments: #1 Certificate of Service) (Clemente, Salvatore) |
| Filing 68 MOTION to Strike allegations of recklessness with prejudice by AMAZON.COM, INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Clemente, Salvatore) |
| Filing 67 STIPULATION by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Fowler, Joseph) |
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Filing 66
ORDER granting #63 Motion for Status Conference Telephonic Status Conference set for 9/21/2022 at 11:00 AM before Magistrate Judge Maureen P. Kelly. Counsel shall refer to ECF No. 20 for call-in information. Signed by Magistrate Judge Maureen P. Kelly on 8/28/22. (ndf)
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Filing 65
ORDER granting #64 Motion to Modify Case Management Order. The parties shall move to amend the pleadings or add new parties by 10/3/2022. Signed by Magistrate Judge Maureen P. Kelly on 8/26/2022. (et)
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| Filing 64 MOTION to Modify Case Management Order by EMILY M BURNS. (Attachments: #1 Proposed Order, #2 Certificate of Service) (WALDENBERGER, JAMES) |
| Filing 63 MOTION for Status Conference via Telephone by EMILY M BURNS. (Attachments: #1 Supplement, #2 Certificate of Service) (WALDENBERGER, JAMES) |
| Filing 62 SUMMONS/Return of Service Returned Executed by EMILY M BURNS. AMAZON.COM, INC. served on 8/8/2022, answer due 8/29/2022. (WALDENBERGER, JAMES) |
| Filing 61 BRIEF in Support re #59 Motion to Strike, filed by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (jv) |
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Filing 60
ORDER directing Plaintiff to file a response to the Motion to Strike filed by the Frost Brook, Lee and Eddy Defendants, ECF No. 59. The response is due on or before August 29, 2022. Signed by Magistrate Judge Maureen P. Kelly on 8/12/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 59 MOTION to Strike Allegations of Recklessness From Plaintiff's First Amended Complaint by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Brief, #2 Certificate of Service, #3 Exhibit A) (Fowler, Joseph) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #59 Motion to Strike. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order with the Errata that was described with the first Clerk's Office Quality Control Message filed on this date. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #59 Motion to Strike. ERROR: Brief should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed #61 BRIEF in Support re #59 Motion to Strike. This message is for informational purposes only. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #59 Motion to Strike. ERROR: Case number of document does not match caption of case. CORRECTION: Attorney is directed to file an Errata with corrected caption/and or case number. (jv) |
| Filing 58 REPLY BRIEF re #44 Motion to Dismiss for Failure to State a Claim, filed by BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C. (Attachments: #1 Certificate of Service) (Clemente, Salvatore) Modified on 8/12/2022 to clarify entry (jv). |
| Filing 57 Summons Issued as to AMAZON.COM, INC. (sdp) |
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Filing 56
ORDER granting #55 Motion to Withdraw as Attorney. Attorney Matthew T Bonner terminated. Signed by Magistrate Judge Maureen P. Kelly on 8/5/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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| Filing 55 MOTION to Withdraw as Attorney WITHDRAWAL OF APPEARANCE AS CO-COUNSEL by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Bonner, Matthew) |
| Filing 54 Summons Issued as to AMAZON.COM, INC., BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, FALCON TRUCKING, LLC (Attachments: #1 Summons Bowman Group, LLP, #2 Summons Bowman Trailer Leasing, #3 Summons Falcon Trucking, LLC) (keh) |
| Filing 53 PRAECIPE to Issue Summons by EMILY M BURNS (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (WALDENBERGER, JAMES) |
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Filing 52
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 8/24/2022, 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 8/24/2022. Signed by Magistrate Judge Maureen P. Kelly on 8/3/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
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| Filing 51 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephone Mid-Discovery Status Conference held on 8/3/2022. (Court Reporter: NONE) (et) |
| Filing 50 PRAECIPE to Issue Summons by EMILY M BURNS (WALDENBERGER, JAMES) |
| Filing 49 PRAECIPE to Issue Summons by EMILY M BURNS (WALDENBERGER, JAMES) |
| Filing 48 PRAECIPE to Issue Summons by EMILY M BURNS (WALDENBERGER, JAMES) |
| Filing 47 PRAECIPE to Issue Summons by EMILY M BURNS (WALDENBERGER, JAMES) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #47 , #48 , #49 , and #50 Praecipes to Issue Summons. ERROR: Incorrect document attached. CORRECTION: Attorney advised to refile the document, using a praecipe as the main document, followed by the summons forms. One praecipe event can be filed with all the attached summons. (av) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #46 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. Clerk of Court docketed Brief/Memorandum of Law in Support of - Other. This message is for informational purposes only. (av) |
| BRIEF in Opposition to #44 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. See attachment 1 at ECF #46 , filed by EMILY M BURNS. (av) |
| Filing 46 RESPONSE IN OPPOSITION to #44 Motion to Dismiss for Failure to State a Claim,, filed by EMILY M BURNS. (Attachments: #1 Exhibit MOL in Support, #2 Proposed Order, #3 Certificate of Service) (Fitzgerald, Patrick) |
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Filing 45
ORDER Response re #44 Motion to Dismiss for Failure to State a Claim. Plaintiff's Response to the Motion due by 8/18/2022. Signed by Magistrate Judge Maureen P. Kelly 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. (et)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #44 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney is advised that, in the future, documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief/Memorandum of Law in Support of Motion. This message is for informational purposes only. (cel) |
| BRIEF in Opposition re #44 Motion to Dismiss for Failure to State a Claim, filed by BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C.; See document at attachment1 at docket number #44 (cel) |
| Filing 44 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, BSE TRAILER LEASING, L.L.C.. (Attachments: #1 Exhibit Brief in Support of Motion to Dismiss, #2 Proposed Order, #3 Certificate of Service) (Clemente, Salvatore) Modified on 7/28/2022 (cel). |
| Filing 43 First AMENDED COMPLAINT against ABC COMPANIES, MOHAMMED AKBARI, DILAWAR ALI SHAH, BSE TRAILER LEASING, L.L.C., JOHN DOES((FICTIOUS DESIGNATION OF INDIVIDUAL(S) WHO OWNED, EMPLOYED, AND/OR CONTROLLED THE VEHICLES, TRAILERS AND/OR DRIVERS AT ISSUE)), MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR, JOHN ROES, SHAMA EXPRESS, L.L.C., XYZ COMPANIES, BOWMAN GROUP L.L.P., BOWMAN TRAILER LEASING, FALCON TRUCKING, LLC and AMAZON.COM, INC. (FICTIOUS DESIGNATION OF PARTNERSHIPS, PROPRIETORSHIPS, AND/OR CORPORATIONS WHO INSPECTED, MAINTAINED, SERVICED AND/OR REPAIRED THE VEHICLES AND/OR TRAILERS AT ISSUE) Eugene F Scanlon, Jr. answer due 7/26/2022, filed by EMILY M BURNS. (Attachments: #1 Exhibit Exhibit A) (WALDENBERGER, JAMES) Modified on 7/15/2022 to add defendants. (jv). |
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Filing 42
ORDER granting #41 Motion for Patrick J. Fitzgerald to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 7/8/2022. (et)
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| Filing 41 MOTION for attorney Patrick J. Fitzgerald to Appear Pro Hac Vice, on behalf of Plaintiff, Emily M. Burns (Filing fee $70, Receipt # CPAWDC-7187318) by EMILY M BURNS. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (Fitzgerald, Patrick) |
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Filing 40
ORDER granting #39 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Maureen P. Kelly on 7/8/2022. (et)
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| Filing 39 First MOTION for Leave to File Amended Complaint by EMILY M BURNS. (WALDENBERGER, JAMES) |
| W/39] BRIEF in Support re #39 Motion for Leave to File Amended Complaint filed by EMILY M BURNS. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #39 Motion for Leave to File Amended Complaint. ERROR: Brief should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed W/ #39 BRIEF in Support re #39 Motion for Leave to File Amended Complaint. This message is for informational purposes only. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #39 Motion for Leave to File Amended Complaint. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv) |
| Filing 38 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Brown, Todd) |
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Filing 37
ORDER granting #36 Motion to Extend Time for ADR. ADR to be completed by 8/24/2022. Signed by Magistrate Judge Maureen P. Kelly on 3/2/2022. (et)
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| Filing 36 Joint MOTION to Extend Time to Complete Early ADR by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Attachments: #1 Proposed Order) (Brown, Todd) |
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Filing 35
ORDER terminating #27 Motion to Appoint Counsel. The motion filed at ECF No. 27 was incorrectly captioned in docketing. The appearance of Attorney Becker has been entered on docket at ECF No. 28. Signed by Magistrate Judge Maureen P. Kelly on 2/28/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 34 Disclosure Statement identifying None as corporate parent or other affiliate, by BSE TRAILER LEASING, L.L.C.. (Clemente, Salvatore) |
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Filing 33
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 3/18/2022, 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 3/18/2022; Signed by Magistrate Judge Maureen P. Kelly 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. (et)
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Filing 32
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 3/14/2022. ADR to be completed by 4/24/2022. Mid-Discovery Status Conference scheduled for 8/3/2022 at 9:30 AM by telephone. Amended Pleadings and Joinder of Parties due by 9/1/2022. Discovery due by 12/20/2022. Post-Discovery Status Conference set for 1/5/2023 at 09:00 AM in Suite 9280 before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 2/24/2022. (et)
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Filing 31
ORDER REFERRING CASE to Mediation. Hon. Eugene Scanlon (Ret.) is appointed as mediator. Party Eugene F Scanlon, Jr. added. Signed by Magistrate Judge Maureen P. Kelly on 2/24/2022. (et) Modified text on 2/25/2022. (et)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Initial Case Management Conference held on 2/24/2022. Mid-Discovery Status Conference set for 8/3/2022 at 09:30 AM by Telephone Conference before Magistrate Judge Maureen P. Kelly. (Court Reporter: none) (et) |
| Filing 29 NOTICE of Appearance by Allison Patterson on behalf of BSE TRAILER LEASING, L.L.C.. (Attachments: #1 Certificate of Service) (Patterson, Allison) |
| Filing 28 NOTICE of Appearance by Charles L Becker on behalf of EMILY M BURNS. (Becker, Charles) |
| Filing 27 First MOTION to Appoint Counsel Charles Becker by EMILY M BURNS. (Becker, Charles) |
| Filing 26 NOTICE of Appearance by Salvatore A. Clemente on behalf of BSE TRAILER LEASING, L.L.C.. (Attachments: #1 Certificate of Service) (Clemente, Salvatore) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Notice of Appearance. 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 2/25/2022. (jv) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Brown, Todd) |
| Filing 24 STIPULATION selecting ADR process by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Brown, Todd) |
| Filing 23 Disclosure Statement identifying None as corporate parent or other affiliate, by SHAMA EXPRESS, L.L.C. (Brown, Todd) |
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Filing 22
ORDER granting #17 Motion for Damian T. Taranto to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 2/7/2022. (et)
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| Filing 21 Disclosure Statement identifying None as corporate parent or other affiliate, by FROST BROOK TRUCKING, INC.. (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
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Filing 19
ORDER: Rule 26 Meeting to be conducted on or before 2/10/2022. Rule 26 Meeting Report and either the Stipulation Selecting ADR Process or the Expedited Docket Stipulation due by 2/17/2022. Telephonic Initial Case Management Conference set for 2/24/2022 at 01:30 PM by Telephone Conference before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 2/7/2022. (et)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Answer to Complaint, Crossclaim. 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 2/14/2022. (lar) |
| Filing 18 NOTICE of Appearance by Matthew T Bonner on behalf of MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Certificate of Service) (Bonner, Matthew) |
| Filing 17 MOTION for attorney Damian M. Taranto to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6936127) by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Service, #4 Exhibit) (TARANTO, DAMIAN) |
| Filing 16 ANSWER to Complaint with Affirmative Defenses, CROSSCLAIM against ABC COMPANIES, MOHAMMED AKBARI, DILAWAR ALI SHAH, BSE TRAILER LEASING, L.L.C., JOHN DOES, JOHN ROES, SHAMA EXPRESS, L.L.C., XYZ COMPANIES by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
| Filing 15 NOTICE of Appearance by Joseph R. Fowler on behalf of MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR. (Attachments: #1 Certificate of Service) (Fowler, Joseph) |
| Filing 14 NOTICE of Appearance by Todd R. Brown on behalf of MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Brown, Todd) |
| Filing 13 Case transferred in from District of Pennsylvania Eastern; Case Number 2:21-cv-05104. Original file certified copy of transfer order and docket sheet received. |
| Magistrate Judge Maureen P. Kelly added. (lyk) |
| Filing 12 NOTICE of Appearance by JAMES JOSEPH WALDENBERGER on behalf of EMILY M BURNS (WALDENBERGER, JAMES) |
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Filing 11
ORDER that the Clerk of Court is directed to transfer the above-captioned matter to the United States District Court for the Western District of Pennsylvania. SIGNED BY HONORABLE ANITA B. BRODY ON 1/13/22. 1/13/22 ENTERED AND COPIES E-MAILED.(jwl)
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| Filing 10 MEMORANDUM re: Because venue is proper in the Western District of Pennsylvania and both private andpublic interests counsel in favor of transfer, Defendants have met their burden of proving thatthis case is best adjudicated in the Western District. I will therefore grant the Frost BrookDefendants and Shama Defendants Motions to Transfer to the United States District Court forthe Western District of Pennsylvania pursuant to 28 U.S.C. 1404(a). SIGNED BY HONORABLE ANITA B. BRODY ON 1/13/22. 1/13/22 ENTERED AND COPIES E-MAILED.(jwl) |
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Filing 9
ORDER TO SHOW CAUSE SHOW CAUSE RESPONSE DUE BY 12/31/2021. SIGNED BY HONORABLE ANITA B. BRODY ON 12/20/21. 12/20/21 ENTERED AND COPIES E-MAILED.(jwl, )
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| Filing 8 NOTICE of Appearance by Matthew T Bonner on behalf of MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR (Bonner, Matthew) |
| Filing 7 ANSWER to Complaint Affirmative Defenses, and, CROSSCLAIM against ABC COMPANIES, BSE TRAILER LEASING, L.L.C., JOHN DOES, MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR, JOHN ROES, XYZ COMPANIES by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C..(NERONE, MICHAEL) |
| Filing 6 MOTION to Change Venue and Memorandum in Support filed by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C..Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(NERONE, MICHAEL) |
| Filing 5 MOTION to Transfer for Improper Venue or Forum Non Conveniens filed by MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR.Brief, Certificate of Service. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Certificate of Service)(FOWLER, JOSEPH) |
| Filing 4 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (afm, ) |
| Filing 3 NOTICE of Appearance by DAMIAN M. TARANTO on behalf of MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR (TARANTO, DAMIAN) |
| Filing 2 NOTICE of Appearance by JOSEPH R. FOWLER on behalf of MARK W EDDY, FROST BROOK TRUCKING, INC., ROBERT LEE, JR with Jury Demand(FOWLER, JOSEPH) |
| Filing 1 NOTICE OF REMOVAL by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C. (Filing fee $ 402 receipt number APAEDC-15560656), filed by MOHAMMED AKBARI, DILAWAR ALI SHAH, SHAMA EXPRESS, L.L.C.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Designation Form)(NERONE, MICHAEL) (Attachment 2 replaced on 11/19/2021) (sbt, ). |
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