SMITH v. BLUE et al
| DALE SMITH |
| JAMES BLUE, COACH LEASING COMPANY and ZACHARY CHINCHILLA |
| 2:2023cv00564 |
| April 5, 2023 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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| W/ #25 BRIEF in Support re #25 Motion to Dismiss for Failure to State a Claim filed by ZACHARY CHINCHILLA. (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #25 Motion to Dismiss for Failure to State a Claim. ERROR: Party did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 6/8/2023. (kss) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #25 Motion to Dismiss for Failure to State a Claim. 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 with exhibits as attachments to the main document. Clerk of Court docketed Brief in Support. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Incorrect relief selected. CORRECTION: Changed relief from Motion to Dismiss to Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (kss) |
| Filing 25 MOTION to Dismiss for Failure to State a Claim COUNT II OF PLAINTIFF'S COMPLAINT by ZACHARY CHINCHILLA. (Attachments: #1 Proposed Order) (Cobbs, Sarah) Modified text on 6/1/2023. (kss) |
Filing 24
ORDER - the Case Management Conference previously set for May 31, 2023, is RESCHEDULED for Friday, June 2, 2023, at 11:00 A.M. The Conference will be by Zoomgov.com conference. Counsel shall appear through this format. The instructions to connect to the hearing will be distributed via email to counsel of record prior to the hearing. Any other individual may attend by contacting this member of the court's chambers and requesting the access information for this hearing. Signed by Judge David S. Cercone on 5/30/2023. (kmk)
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| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Shepard, Brian) |
| Filing 22 STIPULATION selecting ADR process by JAMES BLUE, COACH LEASING COMPANY. (Shepard, Brian) |
| Filing 21 Notice of Substitution of Attorney by ZACHARY CHINCHILLA. Attorney Kristine M. Waller terminated. Attorney Sarah Cobbs added. (Attachments: #1 Certificate of Service) (Cobbs, Sarah) Modified text on 5/30/2023. (kss) |
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Filing 20
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for May 31, 2023 at 1:00 PM by Video Conference. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. Details more fully stated in Order. Signed by Judge David S. Cercone on 4/10/2023. (lyk)
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| Filing 19 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. (kak) |
| Filing 18 Case transferred in from District of Pennsylvania Eastern; Case Number 2:22-cv-04236. Original file certified copy of transfer order and docket sheet received. |
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Filing 17
ORDER THAT BECAUSE THIS CASE COULD HAVE ORIGINALLY BEEN BROUGHT IN THE WESTERN DISTRICT OF PENNSYLVANIA, THE COURT GRANTS THE PARTIES' STIPULATION TO TRANFER VENUE TO THE WESTERN DISTRICT OF PENNSYLVANIA, PITTSBURGH DIVISION. SIGNED BY HONORABLE KAREN S. MARSTON ON 4/4/23. 4/4/23 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 16 STIPULATION to Transfer to the United States District Court for the Western District of Pennsylvania, Pittsburgh Division by JAMES BLUE, COACH LEASING COMPANY. (Attachments: #1 Text of Proposed Order)(SHEPARD, BRIAN) |
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Filing 15
ORDER THAT A TELEPHONIC PRETRIAL CONFERENCE WILL BE HELD ON 4/6/23 AT 11:00 AM BEFORE HONORABLE KAREN S. MARSTON. SIGNED BY HONORABLE KAREN S. MARSTON ON 3/23/23. 3/23/23 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 14 NOTICE of Appearance by KRISTIN M. WALLER on behalf of ZACHARY CHINCHILLA (WALLER, KRISTIN) |
| Filing 13 AFFIDAVIT of Service by Constable Pat Spanol re: served Complaint upon Zachary Chinchilla by Personal Service on 3/2/2023 (BRESLIN, MATTHEW) |
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Filing 12
ORDER THAT FOLLOWING A REVIEW OF THE COURT'S RECORDS WHICH INDICATE THAT THE PLAINTIFF HAS FAILED TO MAKE SERVICE ON DEFENDANT ZACHARY CHINCHILLA IN THIS CASE WITHIN 90 DAYS OF THE FILING OF THE COMPLAINT, THAT THE PLAINTIFF MUST MAKE SERVICE BY 3/10/23. SIGNED BY HONORABLE KAREN S. MARSTON ON 2/28/23. 2/28/23 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 11 ANSWER to Complaint together with, Affirmative Defenses, and Cross Claim , CROSSCLAIM against ZACHARY CHINCHILLA by JAMES BLUE.(SHEPARD, BRIAN) |
| Filing 10 Minute Entry for proceedings held before HONORABLE KAREN S. MARSTON Status Conference BY TELEPHONE held on 1/5/23. (JL) |
| Filing 9 AFFIDAVIT of Service by US MAIL re: served Complaint upon James Blue by Certified Mail on 10/21/22 (BRESLIN, MATTHEW) |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 by COACH LEASING COMPANY.(SHEPARD, BRIAN) |
| Filing 7 ANSWER to Complaint together with, Affirmative Defenses, and Cross Claim , CROSSCLAIM against ZACHARY CHINCHILLA by COACH LEASING COMPANY.(SHEPARD, BRIAN) |
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Filing 6
ORDER THAT DEFENDANT COACH LEASING COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE AN ANSWER IS GRANTED AND DEFENFDANT COACH LEASING COMPANY MUST ANSWER OR OTHERISE RESPOND TO THE COMPLAINT BY 11/11/22. SIGNED BY HONORABLE KAREN S. MARSTON ON 10/31/22.10/31/22 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing 5 MOTION for Extension of Time to File Answer re #1 Notice of Removal (Attorney) filed by COACH LEASING COMPANY.Certification of Counsel, Certificate of Service. (Attachments: #1 Text of Proposed Order)(SHEPARD, BRIAN) |
| Filing 4 NOTICE of Appearance by JOHN T. PION on behalf of COACH LEASING COMPANY with Jury Demand, Certificate of Service(PION, JOHN) |
| Filing 3 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (ke) |
| Filing 2 Letter re: Arbitration Certification (Attachments: #1 Arbitration Certification Form)(sbt) |
| Filing 1 NOTICE OF REMOVAL by COACH LEASING COMPANY (Filing fee $ 402 receipt number APAEDC-16262421), filed by COACH LEASING COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(SHEPARD, BRIAN) |
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