BMO HARRIS BANK N.A. v. THAR PROCESS, INC. et al
| BMO HARRIS BANK N.A. |
| THAR PROCESS, INC., THAR EXTRACTS LLC, THAR SEPARATIONS LLC and THAR EXTRACTS NY LLC |
| 2:2023cv00597 |
| April 11, 2023 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Marilyn J Horan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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Filing 33
ORDER DISMISSING CASE Signed by Judge Marilyn J. Horan on 6/2/2023. (bjl)
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| Filing 32 NOTICE of Voluntary Dismissal without prejudice by BMO HARRIS BANK N.A. (Attachments: #1 Certificate of Service) (Schueller, Christopher) |
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Filing 31
SECOND AMENDED CONSENT ORDER A) Should a resolution of the Complaint and Emergency Motion to Appoint Receiver be finalized (Resolution) on or before May 31, 2023, the Parties shall submit an agreed dismissal order to this Court, and the Emergency Motion to Appoint Receiver shall be denied as moot. (B) Should a Resolution not be finalized on or before May 31, 2023, the Parties shall submit notice to this Court, and Plaintiff's Emergency Motion to Appoint Receiver (Dkt. 3), and the Order Appointing Receiver attached thereto and annexed hereto as Exhibit A to Dkt. 30, shall be granted and entered, effective June 1, 2023 Signed by Judge Marilyn J. Horan on 5/30/2023. (bjl)
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| Filing 30 Proposed Order re #3 Motion to Appoint Receiver Second Amended Consent Order by BMO HARRIS BANK N.A.. (Attachments: #1 Exhibit A - proposed Order Appointing Receiver) (Schueller, Christopher) |
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Filing 29
AMENDED CONSENT ORDER A) Should a resolution of the Complaint and Emergency Motion to Appoint Receiver be finalized (Resolution) on or before May 30, 2023, the Parties shall submit an agreed dismissal order to this Court, and the Emergency Motion to Appoint Receiver shall be denied as moot. (B) Should a Resolution not be finalized on or before May 30, 2023, the Parties shall submit notice to this Court, and Plaintiff's Emergency Motion to Appoint Receiver (Dkt. 3), and the Order Appointing Receiver attached thereto and annexed hereto as Exhibit A to Dkt. 28, shall be granted and entered, effective May 31, 2023. Signed by Judge Marilyn J. Horan on 5/30/2023. (bjl)
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| Filing 28 Proposed Order re #3 Motion to Appoint Receiver -Amended Consent Order by BMO HARRIS BANK N.A.. (Attachments: #1 Exhibit A-proposed order appointing receiver, #2 Certificate of Service) (Schueller, Christopher) |
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Filing 27
CONSENT ORDER IT IS HEREBY ADJUDGED AND AGREED AS FOLLOWS:(A) Should a resolution of the Complaint and Emergency Motion to Appoint Receiver be finalized (Resolution) on or before May 26, 2023, the Parties shall submit an agreed dismissal order to this Court, and the Emergency Motion to Appoint Receiver shall be denied as moot. (B) Should a Resolution not be finalized on or before May 26, 2023, the Parties shall submit notice to this Court, and Plaintiff's Emergency Motion to Appoint Receiver (Dkt. 3), and the Order Appointing Receiver attached thereto and annexed hereto as Exhibit A to Dkt. 26, shall be granted and entered, effective May 29, 2023. Signed by Judge Marilyn J. Horan on 5/19/2023. (bjl)
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| Filing 26 Proposed Order - Consent Order by BMO HARRIS BANK N.A.. (Attachments: #1 Exhibit A-proposed order appointing receiver, #2 Certificate of Service) (Schueller, Christopher) |
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Filing 25
TEXT ORDER The parties having informed the Court via email that they have reached an agreement in principle, the briefing deadline and motion hearing previously scheduled for 5/16/2023 are canceled. The parties shall file either a proposed consent order or joint status report on or before 5/19/2023. Signed by Judge Marilyn J. Horan on 5/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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Filing 24
TEXT ORDER Video Motion Hearing on Plaintiffs' Motion to Appoint Receiver #3 set for 5/16/2023 09:00 AM. Counsel shall receive a video link via email. Signed by Judge Marilyn J. Horan on 5/2/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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| Filing 23 STATUS REPORT -Joint- by BMO HARRIS BANK N.A.. (Schueller, Christopher) |
| Filing 22 AFFIDAVIT of Service for Emergency Motion to Appoint Receiver, Brief in Support, Corporate Disclosure Statement -Thar Separations, LLC, Thar Extracts, LLC and Thar Process, Inc. served on Paul Skanderson on /4/17/2023, filed by BMO HARRIS BANK N.A. (Schueller, Christopher) |
| Filing 21 SUMMONS/Return of Service Returned Executed by BMO HARRIS BANK N.A. THAR PROCESS, INC. served on 4/17/2023, answer due 5/8/2023. (Schueller, Christopher) |
| Filing 20 SUMMONS/Return of Service Returned Executed by BMO HARRIS BANK N.A. THAR EXTRACTS LLC served on 4/17/2023, answer due 5/8/2023. (Schueller, Christopher) |
| Filing 19 SUMMONS/Return of Service Returned Executed by BMO HARRIS BANK N.A. THAR SEPARATIONS LLC served on 4/17/2023, answer due 5/8/2023. (Schueller, Christopher) |
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Filing 18
TEXT ORDER On or before May 1, 2023, Counsel shall file a joint status report. Based upon the content of said report, a further order of court will issue. Signed by Judge Marilyn J. Horan on 4/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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| Filing 17 Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Video Status Conference held on 4/19/2023. Order on joint status report to follow. (Court Reporter: Marsia Balobek) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) |
| Filing 16 CORRECTIVE ENTRY re #15 Order on Motion to Appear Pro Hac Vice. Original document missing signature. (jgb) |
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Filing 15
ORDER granting #12 Motion for Mia D. DAndrea, to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 4/17/2023. (bjl) Modified text on 4/18/2023 to note original document sealed, signature missing. Corrective entry refiled at ECF #16 . (jgb)
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Filing 14
ORDER granting #11 Motion for Stephen R. Tetro II to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 4/17/2023. (bjl)
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Filing 13
ORDER granting #8 Motion for James P. Sullivan to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 4/17/2023. (bjl)
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| Filing 12 MOTION for attorney Mia D. DAndrea to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7642039) by BMO HARRIS BANK N.A. (Attachments: #1 Affidavit, #2 Proposed Order) (D'Andrea, Mia) |
| Filing 11 MOTION for attorney Stephen R. Tetro II to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7641983) by BMO HARRIS BANK N.A. (Attachments: #1 Affidavit, #2 Proposed Order) (Tetro, Stephen) |
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Filing 10
TEXT ORDER Video Status Conference set for 4/19/2023 at 03:15 PM. Counsel will receive a video link via email. Signed by Judge Marilyn J. Horan on 4/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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Filing 9
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available #Here Signed by Judge Marilyn J. Horan on 4/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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| Filing 8 MOTION for attorney James P. Sullivan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7641882) by BMO HARRIS BANK N.A. (Attachments: #1 Affidavit, #2 Proposed Order) (Sullivan, James) |
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Filing 7
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 4/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk)
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| Filing 6 Summons Issued as to THAR EXTRACTS LLC, THAR EXTRACTS NY LLC, THAR PROCESS, INC., THAR SEPARATIONS LLC. (Attachments: #1 Summons Thar Extracts NY, #2 Summons Thar Extracts, #3 Summons Thar Separations) (jma) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Praecipe to Issue Summons. ERROR: Summons was attached to main document. CORRECTION: Attorney advised that in the future, any summons is to be submitted as an attachment to the main document. This message is for informational purposes only. (jma) |
| Judge Marilyn J. Horan presiding. (jma) |
| Filing 5 Disclosure Statement identifying BMO Financial Group as corporate parent or other affiliate, by BMO HARRIS BANK N.A.. (Schueller, Christopher) |
| Filing 4 BRIEF in Support re #3 Motion to Appoint Receiver filed by BMO HARRIS BANK N.A.. (Attachments: #1 Exhibit, #2 Exhibit) (Schueller, Christopher) |
| Filing 3 Emergency MOTION to Appoint Receiver by BMO HARRIS BANK N.A. (Attachments: #1 Exhibit) (Schueller, Christopher) |
| Filing 2 PRAECIPE to Issue Summons by BMO HARRIS BANK N.A. (Schueller, Christopher) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND 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 4/19/2023. (jma) |
| Filing 1 COMPLAINT against THAR EXTRACTS LLC, THAR EXTRACTS NY LLC, THAR PROCESS, INC., THAR SEPARATIONS LLC (Filing fee, including Administrative fee, $402, receipt number APAWDC-7633123), filed by BMO HARRIS BANK N.A. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (jma) |
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