CAPONE v. COSTCO WHOLESALE CORPORATION
Plaintiff: JOHN CAPONE
Defendant: COSTCO WHOLESALE CORPORATION
Case Number: 2:2023cv01783
Filed: October 16, 2023
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Marilyn J Horan
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2023 Opinion or Order Filing 17 ORDER REFERRING CASE to Mediation. Kenneth Benson is appointed as mediator. Party KENNETH BENSON added. Counsel shall notify the Court when the parties have selected a date for the Mediation. Signed by Judge Marilyn J. Horan on 11/28/2023. (cjm)
November 28, 2023 Opinion or Order Filing 16 ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Marilyn J. Horan on 11/28/2023. (cjm)
November 28, 2023 Opinion or Order Filing 15 CASE MANAGEMENT ORDER, an Initial Case Management Conference having been held, the following deadlines are set: Rule 26(a) Disclosures are due by 1/12/2024; Amended Pleadings are due by 2/2/2024; Joinder of Parties are due by 2/2/2024; Fact Discovery shall be completed by 5/20/2024. A Post-Discovery Status Conference is set for 6/11/2024 at 09:00 AM in a Video Conference before Judge Marilyn J. Horan. Chambers staff will reach out to counsel with information on how to connect to the Video Conference. Signed by Judge Marilyn J. Horan on 11/28/2023. (cjm)
November 28, 2023 Filing 14 Text Minute Entry for proceedings held before Judge Marilyn J. Horan: A Telephonic Initial Case Management Conference was held on 11/21/2023. An Initial Case Management Order, Order Referring Case to ADR, and Order Implementing Federal Rule of Evidence 502(d) to follow. (Court Reporter: Marsia Balobeck) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (cjm)
November 20, 2023 Filing 13 STIPULATION selecting ADR process by COSTCO WHOLESALE CORPORATION. (Janson, Eric)
November 14, 2023 Filing 12 REPORT of Rule 26(f) Planning Meeting. (Janson, Eric)
November 7, 2023 Filing 11 NOTICE of Appearance by Erik M. Yurkovich on behalf of JOHN CAPONE. (Yurkovich, Erik)
October 31, 2023 Opinion or Order Filing 10 ORDER. 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. Signed by Judge Marilyn J. Horan on 10/31/2023. (cjm)
October 31, 2023 Opinion or Order Filing 9 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management is set for 11/21/2023 at 09:30 AM in a Telephone Conference before Judge Marilyn J. Horan. The Rule 26(f) Meeting Report and Stipulation Selecting ADR are due by 11/14/2023. Signed by Judge Marilyn J. Horan on 10/31/2023. (Attachments: #1 Exhibit A, #2 Exhibit B) (cjm)
October 30, 2023 Filing 8 DEFENDANTS ANSWER to Complaint by COSTCO WHOLESALE CORPORATION. (Janson, Eric)
October 24, 2023 Opinion or Order Filing 7 ORDER granting #6 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Defendant shall have up to and including October 30, 2023 to answer or otherwise respond to the Complaint. Signed by Judge Marilyn J. Horan on 10/24/2023. (cjm)
October 23, 2023 Filing 6 MOTION to Extend Time to Respond to Complaint by COSTCO WHOLESALE CORPORATION. (Attachments: #1 Proposed Order) (Janson, Eric)
October 18, 2023 Filing 5 Errata re #3 Disclosure Statement by COSTCO WHOLESALE CORPORATION. Reason for Correction: CORPORATE DISCLOSURE STATEMENT. (Attachments: #1 CORPORATE DISCLOSURE STATEMENT) (Janson, Eric)
October 17, 2023 Opinion or Order Filing 4 STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available #Here. Signed by Judge Marilyn J. Horan on 10/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjm)
October 17, 2023 Filing 3 Disclosure Statement identifying NONE as corporate parent or other affiliate by COSTCO WHOLESALE CORPORATION. (Janson, Eric) Document restricted and refiled as 'errata' at #5 . Modified text on 10/23/2023. (rtm)
October 17, 2023 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Disclosure Statement. 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)).****************************************** Rule 7.1(a)(2) (Diversity cases only) in an action in which Jurisdiction is based on Diversity under 28: 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Disclosure Statement due by 10/24/2023. (jd)
October 17, 2023 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Disclosure Statement. ERRORS: No case number on document. Party did not file disclosure statement identifying CITIZENSHIP pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022 CORRECTION: Attorney is directed to file an Errata with corrected case number, identifying CITIZENSHIP pursuant to FRCvP 7.1(a)(2). (Disclosure Statement due by 10/24/2023.) (kss)
October 16, 2023 Filing 2 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by COSTCO WHOLESALE CORPORATION. (Janson, Eric) Modified text on 10/17/2023. (kss)
October 16, 2023 Filing 1 NOTICE OF REMOVAL from Butler County, case number 23-10676 with Plaintiff Copies attached: Complaint, Notice of the removal to District court filed in state court (Filing fee, including Administrative fee, $402, receipt number APAWDC-7930685), filed by COSTCO WHOLESALE CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Support, #3 State Court Records, #4 State Court Records, #5 Exhibit) (jkn)
October 16, 2023 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,. ERROR: Defendant 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 10/23/2023. (jkn)

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Plaintiff: JOHN CAPONE
Represented By: Kyle H. Steenland
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Defendant: COSTCO WHOLESALE CORPORATION
Represented By: Eric J. Janson
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