FULL CIRCLE DISTRIBUTION, LLC v. CAB ENTERPRISES, INC. et al
| FULL CIRCLE DISTRIBUTION, LLC |
| CAB ENTERPRISES, INC. and KEURIG DR. PEPPER, INC. |
| 2:2024cv00245 |
| February 27, 2024 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Arthur J Schwab |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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Filing 56
TEXT ORDER approving #55 Stipulation of Dismissal filed by FULL CIRCLE DISTRIBUTION, LLC. Signed by Judge Arthur J. Schwab on 4/25/2024. 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 55 STIPULATION of Dismissal (Joint) by FULL CIRCLE DISTRIBUTION, LLC. (Roskovensky, Vincent) |
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Filing 54
ORDER FOR ADMINISTRATIVE CLOSING. It appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED, that, in the event either party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of either party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 3/12/2024. (lar)
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| Filing 53 REPORT of Mediation: Mediation held on 3/11/2024. Case has been resolved. MARK D. SHEPARD terminated. Attorney Mark D. Shepard terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Shepard, Mark) |
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Filing 52
ORDER: The parties shall comply with Chambers Practices and Procedures (III(D)(21)) and shall present all exhibits electronically using courtroom technology at the 3/13/2024 Injunction Hearing. Should the parties require training or other information on use of the courtroom technology, the parties may contact Sean Fox, of the Information Technology Department, at (412) 208-7468. The Court orders the parties to hand deliver two (2) paper copies of all exhibits in binders to the hearing on 3/13/24. Signed by Judge Arthur J. Schwab on 3-11-24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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Filing 51
SCHEDULING ORDER - - Preliminary/Permanent Injunction Hearing set for March 13, 2024 WILL NOW BE HELD AT 10:00AM. THIS IS A CHANGE IN TIME ONLY Signed by Judge Arthur J. Schwab on 3/11/2024. 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 50
ORDER denying #38 Motion to Dismiss for Failure to State a Claim because the arguments raised therein are fact driven inquiries not appropriate for determination at the Motion to Dismiss phase of the proceedings. Signed by Judge Arthur J. Schwab on 3-11-24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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Filing 49
ORDER granting MOTION #27 Affidavit filed by FULL CIRCLE DISTRIBUTION, LLC (To Accept). Signed by Judge Arthur J. Schwab on 3/11/2024. (lar) Modified text on 3/11/2024 to remove from public view. Order filed in error. (lar)
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Filing 48
ORDER granting #33 Plaintiff's Motion Regarding Submission of Affidavit Nunc Pro Tunc. Signed by Judge Arthur J. Schwab on 3-11-24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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| Filing 47 BRIEF in Opposition re #7 Motion for Status Conference to Motion for Preliminary Injunction on Issue of Contract filed by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Fiske, Nicholas) |
| Filing 46 Errata re #44 Response in Opposition Motion for Preliminary Injunction by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. Reason for Correction: incorrect document filed. (Fiske, Nicholas) |
| Filing 45 AFFIDAVIT by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. Affiant: Caridad Ochoa. (Attachments: #1 Exhibit, #2 Exhibit) (Fiske, Nicholas) |
| Filing 44 RESPONSE IN OPPOSITION to Motion for Preliminary Injunction to #7 Motion for Status Conference, filed by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Fiske, Nicholas) Document removed from view and refiled as an Errata at #46 . Modified text on 3/11/2024. (njd) |
| Filing 43 AFFIDAVIT by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. Affiant: Nancy White. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Fiske, Nicholas) |
| Filing 42 AFFIDAVIT by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. Affiant: Kevin Rose. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Fiske, Nicholas) |
| Filing 41 BRIEF in Support of #24 Order, Set Hearings filed by FULL CIRCLE DISTRIBUTION, LLC. (Roskovensky, Vincent) |
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Filing 40
TEXT ORDER granting #37 Motion for Paul J. Tanck to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 3/8/2024. 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 39 BRIEF in Support re #38 Motion to Dismiss for Failure to State a Claim filed by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Fiske, Nicholas) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #14 Sealed Exhibit by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Proposed Order) (Fiske, Nicholas) |
| Filing 37 MOTION for attorney Paul J. Tanck to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8154340) by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Tanck, Paul) |
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Filing 36
TEXT ORDER granting #31 Motion for Neal J. McLaughlin to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 3/8/2024. 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 35 Errata re #31 Motion to Appear Pro Hac Vice for Neal J. McLaughlin by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. Reason for Correction: Signature on document and filer do not match. (Attachments: #1 Exhibit, #2 Proposed Order) (McLaughlin, Neal) |
| Filing 34 Errata re #28 Exhibits in Support, Exhibit 11 by FULL CIRCLE DISTRIBUTION, LLC. Reason for Correction: Replace Exhibit 11 with Correct Exhibit. (Roskovensky, Vincent) |
| Filing 33 MOTION re #27 Affidavit filed by FULL CIRCLE DISTRIBUTION, LLC (To Accept) by FULL CIRCLE DISTRIBUTION, LLC. (Attachments: #1 Proposed Order) (Roskovensky, Vincent) |
| Filing 32 EXHIBITS No. 13 in Support of #28 Exhibits in Support, #27 Affidavit by FULL CIRCLE DISTRIBUTION, LLC. (Roskovensky, Vincent) |
| Filing 31 MOTION for attorney Neal J. McLaughlin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8153852) by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Fiske, Nicholas) Modified text on 3/11/2024. Link added to Errata filed at #35 . (njd) |
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Filing 30
TEXT ORDER granting #29 Motion for Christopher L. McArdle to Appear Pro Hac Vice. Signed by Judge Arthur J. Schwab on 3/8/2024. 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 29 MOTION for attorney Christopher L. McArdle to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8153796) by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Exhibit, #2 Proposed Order) (Fiske, Nicholas) |
| Filing 28 EXHIBITS in Support of #27 Affidavit by FULL CIRCLE DISTRIBUTION, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31) (Roskovensky, Vincent) Attachment [28-11] Exhibit 11 removed from view. Modified text on 3/8/2024. (lyk) |
| Filing 27 AFFIDAVIT of Mark Slepak by FULL CIRCLE DISTRIBUTION, LLC Affiant: Mark Slepak. (Roskovensky, Vincent) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #31 Motion to Appear Pro Hac Vice. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (elt) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #28 Exhibits in Support, #27 Affidavit. ERROR: Document should have been filed as two separate documents. Attorney submission should be the main document and attached affidavit should be filed as an attachment. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. This message is for informational purposes only. (njd) |
| Filing 26 Notice of Mediation by MARK D. SHEPARD. Mediation Date March 11, 2024 at 9:30 a.m. (Shepard, Mark) |
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Filing 25
ORDER REFERRING CASE to Mediation. Mark D. Shepard is appointed as mediator. Mediation is scheduled for 3/11/24. Signed by Judge Arthur J. Schwab on 3/7/24. (ms)
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Filing 24
SCHEDULING ORDER - - Preliminary/Permanent Injunction Hearing is set for March 13, 2024, at 11:00 AM in Courtroom 7C before Judge Arthur J. Schwab. See Scheduling Order for further deadlines. Signed by Judge Arthur J. Schwab on 3/7/24. (ms)
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Filing 23
TEXT ORDER denying #21 Motion for Order Requesting that the Parties March 11, 2024 Mediation satisfy the Courts ADR requirement. Signed by Judge Arthur J. Schwab on 3/7/2024. 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 22 Minute Entry for proceedings held before Judge Arthur J. Schwab: Status Conference held on 3/7/2024. (Court Reporter: Deborah Betzler) (lar) |
| Filing 21 MOTION by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Proposed Order) (Fiske, Nicholas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Disclosure Statement, #12 Disclosure Statement. ERROR: Party did not file disclosure statement identifying citizenship as required pursuant to FRCvP 7.1(a)(2). 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 3/14/2024. (njd) |
| Filing 20 STIPULATION selecting ADR process by FULL CIRCLE DISTRIBUTION, LLC. (Roskovensky, Vincent) |
| Filing 19 SEALED DOCUMENT by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. This document Sealed pursuant to #17 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit) (Fiske, Nicholas) |
| Filing 18 REDACTION Response to Motion for Status Conference by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Exhibit) (Fiske, Nicholas) |
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Filing 17
ORDER granting #16 MOTION for Leave to File Documents Under Seal. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred.. Signed by Judge Arthur J. Schwab on 3/6/2024. (lar)
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| Filing 16 Second MOTION for Leave to File Documents Under Seal by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Attachments: #1 Proposed Order) (Fiske, Nicholas) |
| Filing 15 SEALED EXHIBIT in support of Notice of Removal Exhibit B by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. pursuant to 3 Order on Motion for Leave to File Documents Under Seal. (Fiske, Nicholas) |
| Filing 14 SEALED EXHIBIT in support of Notice of Removal Exhibit A by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. pursuant to 3 Order on Motion for Leave to File Documents Under Seal. (Fiske, Nicholas) |
| Filing 13 Disclosure Statement by KEURIG DR. PEPPER, INC.. (Fiske, Nicholas) |
| Filing 12 Disclosure Statement by CAB ENTERPRISES, INC.. (Fiske, Nicholas) |
| Filing 11 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) |
| Filing 10 Stipulation for Extension of Time to Answer by KEURIG DR. PEPPER, INC., CAB ENTERPRISES, INC. Answer due from All Defendants. (Fiske, Nicholas) |
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Filing 9
TEXT ORDER granting #7 Motion for Status Conference. Status Conference is set for 3/7/2024 at 11:00 AM by Video Conference before Judge Arthur J. Schwab. Parties to file a Joint ADR Stipulation by NOON on 3/6/24. Signed by Judge Arthur J. Schwab on 3/4/2024. 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 8
ORDER OF RECUSAL. Magistrate Judge Maureen P. Kelly recused. Signed by Magistrate Judge Maureen P. Kelly on 3/4/24. (ndf)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Notice of Appearance. 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 3/11/2024. (njd) |
| Judge Arthur J. Schwab added. (bjr) |
| Filing 7 MOTION for Status Conference by FULL CIRCLE DISTRIBUTION, LLC. (Attachments: #1 Exhibit A, #2 Proposed Order) (Roskovensky, Vincent) |
| Filing 6 Disclosure Statement identifying Castle Co-Packers, LLC as corporate parent or other affiliate, declaring citizenship by FULL CIRCLE DISTRIBUTION, LLC. (Roskovensky, Vincent) |
| Filing 5 NOTICE of Appearance by Nicholas L. Fiske on behalf of CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC.. (Fiske, Nicholas) |
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Filing 4
ORDER As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) 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 motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss 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. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 2/29/24. (ndf)
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Filing 3
ORDER granting #1 MOTION for Leave to File Documents Under Seal. Upon consideration of the Motion for Leave to File Documents Under Seal by Defendants CAB Enterprises, LLC and Keurig Dr. Pepper, Inc., it is HEREBY ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall file Exhibits 1 and 2 to Plaintiff's Complaint under seal pursuant to the Court's rules and procedures. DO NOT electronically file the sealed version of the document until you electronically file the redacted version of the document, using the Redacted Document event, unless otherwise ordered by the Court. You are required to serve the sealed document on counsel using traditional service methods. Decision to Unseal Document deferred. Signed by Magistrate Judge Maureen P. Kelly on 2/29/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ndf)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 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 3/6/2024. (njd) |
| Filing 2 NOTICE OF REMOVAL from Westmoreland County, case number 24-CI-00697 Copies attached: State Court Complaint (Filing fee, including Administrative fee, $405, receipt number 200008037), filed by KEURIG DR. PEPPER, INC., CAB ENTERPRISES, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Receipt) (njd) |
| Filing 1 MOTION for Leave to File Documents Under Seal by CAB ENTERPRISES, INC., KEURIG DR. PEPPER, INC. (Attachments: #1 Proposed Order) (njd) Modified text on 2/28/2024. (sms) |
| Magistrate Judge Maureen P. Kelly added as Presiding. (njd) |
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