HUMMELL v. YENTZER et al
| TIMOTHY HUMMELL |
| RICHARD A. YENTZER, JOHN DOE 1, JOHN DOE 2 and FIRST EXPRESS, INC. trading and doing business as FIRST EXPRESS |
| 2:2023cv00843 |
| May 19, 2023 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Padgett, Megan) |
Filing 11
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for July 28, 2023 at 1:00 PM by Video Conference before Judge David S. Cercone. The Conference will be conducted by video conference via Zoom.gov. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. Rule 26 Meeting to be conducted on or before June 16, 2023; Rule 26 Meeting Report due by June 30, 2023. Details more fully stated in Order. Signed by Judge David S. Cercone on 6/12/2023. (lyk)
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| Filing 10 NOTICE of Appearance by Michael Gary DeGrande on behalf of TIMOTHY HUMMELL. (DeGrande, Michael) |
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Filing 9
ORDER Response/Briefing Schedule re #5 Motion to Dismiss for Failure to State a Claim: Plaintiff's response and brief in opposition thereto shall be filed on or before June 28, 2023. Defendant may file any reply brief on or July 5, 2023. Signed by Judge David S. Cercone on 5/31/2023. (lyk)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion to Dismiss for Failure to State a Claim,. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike Pursuant to FRCP 12(f). This message is for informational purposes only. (bjw) |
| Filing 8 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 7 Errata re #2 Disclosure Statement PURSUANT TO RULE 7.1 by FIRST EXPRESS, INC., RICHARD A. YENTZER. Reason for Correction: Naming Correct Defendants as First Express, Inc. t/d/b/a First Express. (Padgett, Megan) |
| Filing 6 BRIEF in Support re #5 Motion to Dismiss PURSUANT TO FRCP 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FRCP 12(f) filed by FIRST EXPRESS, INC., RICHARD A. YENTZER. (Padgett, Megan) |
| Filing 5 Partial MOTION to Dismiss for Failure to State Claim PURSUANT TO FRCP 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FRCP 12(f) by FIRST EXPRESS, INC., RICHARD A. YENTZER. (Attachments: #1 Proposed Order, #2 Exhibit A) (Padgett, Megan) Modified text on 5/26/2023. (bjw). Added MOTION to Strike on 6/5/2023 (bjw) |
| Filing 4 NOTICE of Appearance by Megan R. Padgett on behalf of FIRST EXPRESS, INC., RICHARD A. YENTZER. (Padgett, Megan) |
| Filing 2 Disclosure Statement identifying NONE as corporate parent or other affiliate, by JOHN DOE 1, JOHN DOE 2, FIRST EXPRESS, INC., RICHARD A. YENTZER. (Padgett, Megan) document removed from public view and refiled as an errata at document #7 Modified text on 5/25/2023. (bjw) |
| Filing 1 NOTICE OF REMOVAL from Mercer County, case number 2023-1118 with Both Copies attached: State Court Documents (Filing fee, including Administrative fee, $402, receipt number APAWDC-7697352), filed by JOHN DOE 1, RICHARD A. YENTZER, JOHN DOE 2, FIRST EXPRESS, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 State Court Records) (bjw) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. 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 5/26/2023. (bjw) |
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