FREDERICK v. ALLEGHENY PLYWOOD COMPANY, INC. et al
| MICHAEL FREDERICK |
| ALLEGHENY PLYWOOD COMPANY, INC. and DONALD HUBER |
| 2:2023cv01486 |
| August 17, 2023 |
| US District Court for the Western District of Pennsylvania |
| Christy Criswell Wiegand |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Affirmative Defenses and ANSWER to #10 Amended Complaint by ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Papciak, Justin) |
| Filing 17 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Papciak, Justin) |
Filing 16
ORDER. On October 6, 2023, Defendants ALLEGHENY PLYWOOD COMPANY, INC. and DONALD HUBER filed their #14 Partial Motion to Dismiss for Failure to State a Claim that seeks to dismiss only count V of Plaintiff's Amended Complaint. Defendants failed to file a responsive pleading addressing the remaining allegations in the Amended Complaint that relate to counts I, II, III, IV, and VI, which are not subject to the partial motion to dismiss. IT IS HEREBY ORDERED that on or before 10/13/23 Defendants shall file their Answer to Plaintiff's Amended Complaint. Signed by Judge Christy Criswell Wiegand on 10/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 15 BRIEF in Support re #14 Motion to Dismiss for Failure to State a Claim Pursuant to Fed. R.C.P. 12(b)(6) filed by ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Phillips, Dean) |
| Filing 14 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Fed. R.C.P. 12(b)(6) re #10 Amended Complaint by ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Phillips, Dean) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Defendants 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. 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 10/13/2023. (jkn) |
| Filing 13 Stipulation for Extension of Time to Answer by DONALD HUBER, ALLEGHENY PLYWOOD COMPANY, INC. Answer due from DONALD HUBER on 10/7/2023; ALLEGHENY PLYWOOD COMPANY, INC. on 10/7/2023. (Papciak, Justin) |
| Filing 12 NOTICE of Appearance by Dean Robert Phillips on behalf of ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Phillips, Dean) |
| Filing 11 NOTICE of Appearance by Justin T. Papciak on behalf of ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER. (Papciak, Justin) |
| Filing 10 First AMENDED COMPLAINT against ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER ALLEGHENY PLYWOOD COMPANY, INC. answer due 9/29/2023; DONALD HUBER answer due 9/29/2023, filed by MICHAEL FREDERICK. (Bahorich, Justin) |
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Filing 9
ORDER GRANTING #8 Motion for Leave to File Amended Complaint by MICHAEL FREDERICK. Although Mr. FREDERICK does not need leave of court to file an amended complaint within 21 days of when he served his Complaint, see Fed. R. Civ. P. 15(a)(1)(A); ECF Nos. 6, 7, it is HEREBY ORDERED that he shall file his proposed First Amended Complaint on or before 9/7/2023. Signed by Judge Christy Criswell Wiegand on 9/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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| Filing 8 MOTION for Leave to File Amended Complaint by MICHAEL FREDERICK. (Attachments: #1 Proposed Order, #2 Exhibit A) (Bahorich, Justin) |
| Filing 7 SUMMONS/Return of Service Returned Executed by MICHAEL FREDERICK. DONALD HUBER served on 8/25/2023, answer due 9/15/2023. (Bahorich, Justin) |
| Filing 6 SUMMONS/Return of Service Returned Executed by MICHAEL FREDERICK. ALLEGHENY PLYWOOD COMPANY, INC. served on 8/25/2023, answer due 9/15/2023. (Bahorich, Justin) |
| Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (drc) |
| Judge Christy Criswell Wiegand added. (jkn) |
| Judge W. Scott Hardy no longer assigned to case. (jkn) |
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Filing 4
ORDER on Motions Pursuant to Federal Rule of Civil Procedure 12(b). See attached Order for details. Signed by Judge W. Scott Hardy on 08/17/2023. (dms)
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| Filing 3 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. The Parties are directed to fully complete the required 26(f) report, which includes the Stipulation of Selecting an ADR process and Neutral. Counsel for Plaintiff(s) (or in the case of a removal action, counsel for removing Defendant(s)) shall make service of the notice on all parties. (dms) |
| Filing 2 Summons Issued as to ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER (Attachments: #1 Summons for Allegheny Plywood Company) (jkn) |
| Filing 1 COMPLAINT against ALLEGHENY PLYWOOD COMPANY, INC., DONALD HUBER (Filing fee, including Administrative fee, $402, receipt number APAWDC-7839963), filed by MICHAEL FREDERICK. (Attachments: #1 Civil Cover Sheet) (jkn) |
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