GAMBLE v. PETERBILT MOTORS CO. et al
| CYNTHIA GAMBLE |
| PETERBILT MOTORS CO., PACCAR, INC. doing business as PETERBILT MOTORS CO., OSHKOSH CORPORATION and MCNEILUS TRUCK AND MANUFACTURING, INC. |
| 2:2023cv02147 |
| December 21, 2023 |
| US District Court for the Western District of Pennsylvania |
| Arthur J Schwab |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 Removal-Motor Vehicle Prod Liability |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Brief in Opposition to Motion, #25 Response in Opposition. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (rtm)
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Filing 27
REPLY to Response to Motion re #26 Brief in Opposition to Motion, #22 Motion to Dismiss for Failure to State a Claim, #23 Brief in Support of Motion filed by PACCAR, INC.. (Pisciotti, Anthony)
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Filing 26
BRIEF in Opposition re #22 Motion to Dismiss for Failure to State a Claim, filed by CYNTHIA GAMBLE. (Attachments: #1 Proposed Order) (Anderson, Brian)
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Filing 25
RESPONSE IN OPPOSITION filed by CYNTHIA GAMBLE. (Anderson, Brian)
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Filing 24
TEXT ORDER re #22 Motion to Dismiss for Failure to State a Claim, filed by PACCAR, INC. Response to Motion due by 2/9/2024, Reply to Response due by 2/14/2024. Signed by Judge Arthur J. Schwab on 1/31/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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Filing 23
BRIEF in Support re #22 Motion to Dismiss for Failure to State a Claim, filed by PACCAR, INC.. (Pisciotti, Anthony)
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Second Amended Complaint) re #20 Amended Complaint by PACCAR, INC.. (Attachments: #1 Certificate of Defendant PACCAR Inc's Good Faith Efforts to Meet and Confer, #2 Proposed Order) (Pisciotti, Anthony)
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Filing 21
ANSWER to #20 Amended Complaint (Second) by MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION. (Mantharam, Marybeth)
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Update Answer Deadline: Answer due from MCNEILUS TRUCK AND MANUFACTURING, INC. on 1/30/2024; OSHKOSH CORPORATION on 1/30/2024; PACCAR, INC. on 1/30/2024 (rtm)
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Filing 20
Second AMENDED COMPLAINT against MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION, PACCAR, INC., filed by CYNTHIA GAMBLE. (Friday, Peter)
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Filing 19
ORDER granting #18 Motion to Amend Caption and Complaint. Plaintiff shall file a Second Amended Complaint no later than January 30, 2024. Signed by Judge Arthur J. Schwab on 1/16/2024. (lar)
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Filing 18
MOTION to Amend Caption and Complaint by CYNTHIA GAMBLE. (Attachments: #1 Exhibit, #2 Exhibit) (Friday, Peter)
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Filing 17
TEXT ORDER granting #16 Motion to Withdraw as Attorney. Attorney Dennis P. Ziemba terminated. Signed by Judge Arthur J. Schwab on 1/8/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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Filing 16
MOTION to Withdraw as Attorney by MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION. (Attachments: #1 Proposed Order) (Ziemba, Dennis)
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Filing 15
NOTICE OF WITHDRAWAL OF APPEARANCE by MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION (Ziemba, Dennis)
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Filing 14
TEXT ORDER Denying Without Prejudice Defendant's #10 Motion to Dismiss Plaintiff's Amended Complaint. On December 28, 2023, Defendant PACCAR d/b/a Peterbilt Motors Co. (PACCAR) filed a #10 Motion to Dismiss Plaintiff's Amended Complaint. Said #10 Motion was filed before this Court was able to file its standard Order with respect to the filing of Motions to Dismiss. Since that time, on December 29, 2023, said #13 Order was filed. Consistent with this Court's December 29, 2023 #13 Order, Defendant PACCAR's Motion to Dismiss is denied without prejudice. As set forth in the Court's #13 December 29, 2023, Order, Defendant shall meet in person and confer with Plaintiff and if it is still appropriate, no later than January 12, 2024, file a new Motion to Dismiss that includes the certificate required by the Court's #13 December 29, 2023 Order. Otherwise, Defendant PACCAR shall file its answer to Plaintiff's Amended Complaint no later than January 12, 2024. Signed by Judge Arthur J. Schwab on 1/2/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Notice. ERROR: Withdrawal of Appearance was filed as a Notice. CORRECTION: Per Local Rule 83.2 C.4, a Withdrawal of Appearance must be filed as a motion. Attorney is to retitle the document as a Motion to Withdraw Appearance and refile it using Withdraw as Attorney under Motions, with the motion as the main document and a proposed order as an attachment. (rtm)
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Filing 13
ORDER Re: Federal Rule of Civil Procedure 12(b) Motions to Dismiss. Signed by Judge Arthur J. Schwab on 12/29/23. (ms)
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Filing 12
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. (ms)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #10 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed with separate events. Clerk of Court docketed Brief in Support. This message is for informational purposes only. (cww)
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Filing 11
BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim, filed by PACCAR, INC., PETERBILT MOTORS CO. (Attachments: #1 Exhibit A) (cww)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 (Plaintiff's Amended Complaint) by PACCAR, INC., PETERBILT MOTORS CO.. (Attachments: #1 Brief in Support, #2 Exhibit A - Warranty Agreement, #3 Proposed Order) (Pisciotti, Anthony)
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Filing 9
NOTICE of Appearance by Anthony Joseph Colucci, III on behalf of MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION. (Colucci, Anthony)
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Filing 8
Disclosure Statement identifying Oshkosh Corporation as corporate parent or other affiliate, declaring citizenship by MCNEILUS TRUCK AND MANUFACTURING, INC.. (Mantharam, Marybeth)
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Filing 7
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by OSHKOSH CORPORATION. (Mantharam, Marybeth)
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Filing 6
ANSWER to Complaint (Amended) With Affirmative Defenses by MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION. (Mantharam, Marybeth)
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Filing 5
Disclosure Statement identifying Oshkosh Corporation as corporate parent or other affiliate by MCNEILUS TRUCK AND MANUFACTURING, INC.. (Mantharam, Marybeth)
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Filing 4
Disclosure Statement identifying None as corporate parent or other affiliate by OSHKOSH CORPORATION. (Mantharam, Marybeth)
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Filing 3
NOTICE of Appearance by Marybeth P. Mantharam on behalf of MCNEILUS TRUCK AND MANUFACTURING, INC., OSHKOSH CORPORATION. (Mantharam, Marybeth)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Disclosure Statement, #5 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)). CITIZENSHIP Disclosure Statement due by 1/3/2024. (jd)
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Filing 2
Disclosure Statement identifying NONE as corporate parent or other affiliate by PACCAR, INC. (rtm)
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Filing 1
NOTICE OF REMOVAL from Allegheny County Court, case number GD-23-007872 Copies attached: State Court Complaint (Filing fee, including Administrative fee, $405, receipt number APAWDC-8037977), filed by PACCAR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (rtm)
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