JOYCE'S JEWELRY, INC. v. PNC BANK, NATIONAL ASSOCIATION
| JOYCE'S JEWELRY, INC. |
| PNC BANK, NATIONAL ASSOCIATION, AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL and JERROD MURTHA |
| 2:2022cv01403 |
| October 6, 2022 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Personal Property: Other |
| 28 U.S.C. § 1446 Notice of Removal-Property Damage (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #32 Motion for Extension of Time to File Response/Reply re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #12 Amended Complaint. The Court extends Plaintiffs deadline to respond to Defendants Partial Motion to Dismiss to two weeks after the Courts ruling on Plaintiffs Motion to Remand, ECF No. 19. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/2/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa)
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| Filing 33 NOTICE of Appearance by Thomas F. Burke on behalf of AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Burke, Thomas) |
| Filing 32 MOTION for Extension of Time to File Response/Reply as to #28 Brief in Support of Motion, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #12 Amended Complaint, by JOYCE'S JEWELRY, INC.. (Attachments: #1 Proposed Order) (Kaplan, Howard) |
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Filing 31
ORDER GRANTING the (ECF No. #30 ) Defendants' Motion for Leave to File a Sur-Reply Brief. IT IS FURTHER ORDERED that the Clerk of Court file Defendants' Sur-Reply Brief, attached as Exhibit A to the Motion for Leave to File a Sur-Reply Brief, FORTHWITH. IT IS FURTHER ORDERED that the sur-reply is deemed filed as of November 29, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 30 MOTION for Leave to File a Sur Reply to Plaintiff's Motion to Remand by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Exhibit A, #2 Proposed Order) (Perkins, Jenny) |
| Filing 29 REPLY BRIEF re #19 Motion to Remand, #25 Brief in Opposition to Motion filed by JOYCE'S JEWELRY, INC.. (Attachments: #1 Exhibit A) (Kaplan, Howard) |
| Filing 28 BRIEF in Support re #27 Motion to Dismiss for Failure to State a Claim, filed by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #12 Amended Complaint, by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Certificate of Defendants, #2 Proposed Order) (Perkins, Jenny) |
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Filing 26
ORDER that a Reply to #25 Defendants' Opposition to Plaintiff's Motion to Remand shall be filed no later than November 22, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/15/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 25 BRIEF in Opposition re #19 Motion to Remand filed by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) |
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Filing 24
ORDER that (ECF No. #23 ) Defendants' Consent Motion for an Extension of Time to Respond to the First Amended Complaint is GRANTED. IT IS FURTHER ORDERED that Defendants shall respond to the Amended Complaint no later than November 16, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan 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. (jmb)
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| Filing 23 Consent MOTION to Extend Time to Respond to the First Amended Complaint by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Proposed Order) (Perkins, Jenny) |
| Filing 22 NOTICE of Appearance by Jenny N. Perkins on behalf of AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA. (Perkins, Jenny) |
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Filing 21
ORDER that a Response to the #19 Motion to Remand shall be filed no later than November 14, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/01/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 20 Proposed Order re #19 Motion to Remand by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Motion to Remand. 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. (jv) |
| Filing 19 MOTION to Remand by JOYCE'S JEWELRY, INC. (Attachments: #1 Exhibit 1) (Kaplan, Howard) |
| Filing 18 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) |
| Filing 17 WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. JERROD MURTHA waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) |
| Filing 16 WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. CHRIS HALL waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) |
| Filing 15 WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. MELODY GRATCHIC waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) |
| Filing 14 WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. ANDREW FREDERICK waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) |
| Filing 13 WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. AARON BAYLEY waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) |
| Filing 12 AMENDED COMPLAINT against PNC BANK, NATIONAL ASSOCIATION, AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA PNC BANK, NATIONAL ASSOCIATION answer due 11/4/2022.(Attachments: #1 Exhibit 1, #2 Exhibit 2) (Kaplan, Howard) Modified on 10/21/2022 to terminate anser due date for all defendants except PNC, National Association (jv). |
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Filing 11
ORDER GRANTING the (ECF No. #8 ) Plaintiff's Consent Motion for Leave to File Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall file the Amended Complaint no later than October 26, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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Filing 10
ORDER GRANTING the #7 Motion for Howard Kaplan to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 9 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JOYCE'S JEWELRY, INC. (Frankovitch, Carl) |
| Filing 8 Consent MOTION for Leave to File Amended Complaint by JOYCE'S JEWELRY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit A.1, #3 Exhibit A.1, #4 Exhibit B) (Frankovitch, Carl) |
| Filing 7 MOTION for attorney Howard Kaplan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7354085) by JOYCE'S JEWELRY, INC.. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Kaplan, Howard) |
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Filing 6
ORDER GRANTING (ECF No. #5 ) Defendant PNC Bank, N.A.'s Unopposed Motion for an Extension of Time to File a Rule 12(B)(6) Motion. IT IS FURTHER ORDERED that Defendant PNC Bank, N.A. shall file its Rule 12(b)(6) motion no later than October 20, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 5 Unopposed MOTION to Extend Time to File a Rule 12(b)(6) Motion by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Extend Time. 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. (jma) |
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Filing 4
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than October 28, 2022. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2022. (Attachments: #1 Exhibit Consent Form) (jmb)
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Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2022. (jmb)
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| Filing 2 Disclosure Statement identifying PNC Bancorp and The PNC Financial Services Group as corporate parent or other affiliate, by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) |
| 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 10/14/2022. (ctb) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Fayette County, case number 2022-01797. Copies attached: Docket Sheet, Verified Complaint (Filing fee, including Administrative fee, $402, receipt number APAWDC-7332684), filed by PNC BANK, NATIONAL ASSOCIATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (ctb) |
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