SMITH v. MERCEDES-BENZ USA, LLC
| BRUCE JEHU SMITH, III |
| MERCEDES-BENZ USA, LLC |
| 2:2023cv01244 |
| July 10, 2023 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER Approving #8 Stipulation of Dismissal filed by BRUCE JEHU SMITH, III.The Clerk is to mark CASE CLOSED. Signed by Magistrate Judge Maureen P. Kelly on 7/31/2023. (et)
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Filing 9
ORDER re #7 granting substitution of attorney filed by BRUCE JEHU SMITH, III. Signed by Magistrate Judge Maureen P. Kelly on 7/31/2023. (et)
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| Filing 8 STIPULATION of Dismissal with prejudice by BRUCE JEHU SMITH, III. (Doman, Chad) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #7 Proposed Order. ERROR: No Motion for Substitution of Attorney filed. CORRECTION: Attorney to file Motion for Substitution of Attorney with Proposed Order as an attachment to the main document. This message is for informational purposes only. (kss) #7 Proposed Order changed to Consent Order per chambers. No Motion for Substitution of Attorney needed. Modified text on 7/31/2023. (kss) |
| Filing 7 Consent Order granting substitution of attorney by BRUCE JEHU SMITH, III. Attorney Robert A. Rapkin terminated. (Doman, Chad) Modified text on 7/31/2023. (kss) |
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Filing 6
ORDER. On July 13, 2023, the Clerk of Court issued a letter to Attorney Robert Rapkin advising him that he is counsel of record in this case and not admitted to practice in the United States District Court for the Western District of Pennsylvania. He was directed to make arrangements for general admission to practice or pro hac vice admission. He had not take such required action. In the alternative, he was directed to obtain local counsel who is admitted to practice before this Court. Attorney Rapkin has not done so. Furthermore, an email for Attorney Rapkin to receive CM/ECF filings is not on the docket. Therefore, Attorney Rapkin is given until August 11, 2023 to take prompt action to address these deficiencies. If he fails to do so, the Court will take appropriate action. A copy of this order will be mailed to Attorney Rapkin at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 7/27/23. 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 4
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12 are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any Rule 12 motion, including motions for judgment on the pleadings under Rule 12(c), to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, Rule 12 motions must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Rule 12 motions that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 7/11/2023. (et)
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| Filing 3 Disclosure Statement by MERCEDES-BENZ USA, LLC. (Cohen, Jeffrey) |
| Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, by MERCEDES-BENZ USA, LLC. (Cohen, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number AR-23-002612 Copies attached: Complaint, Exhibits, Answer and New Matter (Filing fee, including Administrative fee, $402, receipt number APAWDC-7775430), filed by MERCEDES-BENZ USA, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (kss) |
| 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 7/17/2023. (kss) |
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| Plaintiff: BRUCE JEHU SMITH, III | |
| Represented By: | Robert A. Rapkin |
| Represented By: | Chad P. Doman |
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| Defendant: MERCEDES-BENZ USA, LLC | |
| Represented By: | Jeffrey Cohen |
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