BOYER et al v. CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY et al
Plaintiff: MARC KATZEN, BARI BOYER and MARSHALL KATZEN
Defendant: M&T BANK, C WAREHOUSE, LLC, FRANK A. VILLELLA, WILMINGTON TRUST, N.A., CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, JOSEPH A. VARACALLO and DEVELOPAC, INC.
Case Number: 3:2019cv00152
Filed: September 24, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Kim R Gibson
Referring Judge: Stephanie L Haines
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2019 Filing 36 NOTICE of Appearance by Toby D. McIlwain on behalf of DEVELOPAC, INC., JOSEPH A. VARACALLO. (McIlwain, Toby)
November 22, 2019 Filing 35 Disclosure Statement identifying None as corporate parent or other affiliate, by DEVELOPAC, INC.. (Parrish, Michael)
November 22, 2019 Filing 34 NOTICE of Appearance by Michael J. Parrish, Jr on behalf of DEVELOPAC, INC., JOSEPH A. VARACALLO. (Parrish, Michael)
November 21, 2019 Filing 33 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. DEVELOPAC, INC. served on 11/18/2019, answer due 12/9/2019. (Connaughton, Rory)
November 21, 2019 Filing 32 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. JOSEPH A. VARACALLO served on 11/18/2019, answer due 12/9/2019. (Connaughton, Rory)
November 21, 2019 Filing 31 ERROR: WRONG EVENT USED; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; AFFIDAVIT of Service for Summons served on Developac, Inc. on 11/18/2019, filed by BARI BOYER, MARC KATZEN, MARSHALL KATZEN. (Connaughton, Rory) Modified text on 11/21/2019. (cel)
November 14, 2019 Filing 30 Summons Issued as to DEVELOPAC, INC., JOSEPH A. VARACALLO (sdp)
November 13, 2019 Filing 29 PRAECIPE to Issue Summons by BARI BOYER, MARC KATZEN, MARSHALL KATZEN (Attachments: #1 Summons Joseph A. Varacallo Summons, #2 Summons Developac, Inc. Summons) (Connaughton, Rory)
November 13, 2019 Filing 28 First AMENDED COMPLAINT against C WAREHOUSE, LLC, CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, M&T BANK, FRANK A. VILLELLA, WILMINGTON TRUST, N.A., JOSEPH A. VARACALLO, DEVELOPAC, INC. C WAREHOUSE, LLC answer due 11/27/2019; CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY answer due 11/27/2019; M&T BANK answer due 11/27/2019; FRANK A. VILLELLA answer due 11/27/2019; WILMINGTON TRUST, N.A. answer due 11/27/2019; JOSEPH A. VARACALLO answer due 11/27/2019; DEVELOPAC, INC. answer due 11/27/2019, filed by MARC KATZEN; BARI BOYER; MARSHALL KATZEN. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G-1, #8 Exhibit Exhibit G-2, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L) (Connaughton, Rory)
November 13, 2019 Update Answer Deadline: Answer due date not set for DEVELOPAC, INC., JOSEPH A. VARACALLO (cel)
November 4, 2019 Filing 27 ANSWER to #1 Complaint, with Affirmative Defense by CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. (Hopkins, David)
November 4, 2019 Filing 26 Disclosure Statement identifying None as corporate parent or other affiliate, by CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. (Hopkins, David)
November 1, 2019 Filing 25 Disclosure Statement identifying None as corporate parent or other affiliate, by C WAREHOUSE, LLC. (Parrish, Michael)
October 29, 2019 Filing 24 CERTIFICATE OF SERVICE Amended by M&T BANK, WILMINGTON TRUST, N.A. re #22 Disclosure Statement, #21 Answer to Complaint, #23 Disclosure Statement (Chilson, Dana)
October 28, 2019 Filing 23 Disclosure Statement identifying Wilmington Trust Corporation as corporate parent or other affiliate, by M&T BANK. (Chilson, Dana)
October 28, 2019 Filing 22 Disclosure Statement identifying Wilmington Trust Corporation and M&T Bank Corporation as corporate parent or other affiliate, by WILMINGTON TRUST, N.A.. (Chilson, Dana)
October 28, 2019 Filing 21 ANSWER to #1 Complaint, with Affirmative Defenses by M&T BANK, WILMINGTON TRUST, N.A.. (Chilson, Dana)
October 25, 2019 Opinion or Order Filing 20 ORDER REASSIGNING CASE. Case reassigned to Judge Stephanie L. Haines for all further proceedings. Judge Kim R. Gibson no longer assigned to case. Signed by Chief Judge Mark R. Hornak on 10/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
October 24, 2019 Filing 19 NOTICE of Appearance by Toby D. McIlwain on behalf of C WAREHOUSE, LLC. (McIlwain, Toby)
October 24, 2019 Filing 18 BRIEF in Support re #17 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by C WAREHOUSE, LLC. (Parrish, Michael)
October 24, 2019 Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by C WAREHOUSE, LLC. (Attachments: #1 Proposed Order) (Parrish, Michael)
October 24, 2019 Filing 16 NOTICE of Appearance by Michael J. Parrish, Jr on behalf of C WAREHOUSE, LLC. (Parrish, Michael)
October 23, 2019 Filing 15 BRIEF in Support re #14 Motion to Dismiss filed by FRANK A. VILLELLA. (Consiglio, David)
October 23, 2019 Filing 14 MOTION to Dismiss by FRANK A. VILLELLA. (Attachments: #1 Proposed Order) (Consiglio, David)
October 17, 2019 Filing 13 NOTICE of Appearance by David B. Consiglio on behalf of FRANK A. VILLELLA. (Consiglio, David)
October 16, 2019 Filing 12 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. WILMINGTON TRUST, N.A. served on 10/7/2019, answer due 10/28/2019. (Connaughton, Rory)
October 16, 2019 Filing 11 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY served on 10/7/2019, answer due 10/28/2019. (Connaughton, Rory)
October 10, 2019 Filing 10 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. M&T BANK served on 10/9/2019, answer due 10/30/2019. (Connaughton, Rory)
October 9, 2019 Filing 9 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. FRANK A. VILLELLA served on 10/3/2019, answer due 10/24/2019. (Connaughton, Rory)
October 9, 2019 Filing 8 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY served on 10/3/2019, answer due 10/24/2019. (Connaughton, Rory)
October 9, 2019 Filing 7 SUMMONS/Return of Service Returned Executed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. C WAREHOUSE, LLC served on 10/3/2019, answer due 10/24/2019. (Connaughton, Rory)
September 27, 2019 Filing 6 NOTICE that the 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. (krh)
September 27, 2019 Opinion or Order Filing 5 ORDER granting #3 Motion for Rory O. Connaughton to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 9/27/2019. (dlg)
September 26, 2019 Filing 4 Summons Issued as to C WAREHOUSE, LLC, CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, M&T BANK, FRANK A. VILLELLA, WILMINGTON TRUST, N.A. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (jjg)
September 26, 2019 Filing 3 MOTION for attorney Rory O. Connaughton to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5298477) by BARI BOYER, MARC KATZEN, MARSHALL KATZEN. (Attachments: #1 Exhibit A) (Connaughton, Rory)
September 26, 2019 Filing 2 PRAECIPE to Issue Summons by BARI BOYER, MARC KATZEN, MARSHALL KATZEN (Attachments: #1 Summons Summons in Civil Action C Warehouse LLC, #2 Summons Summons in Civil Action Clearfield Co. IDA, #3 Summons Summons in Civil Action M&T Bank, #4 Summons Summons in Civil Action Villella, #5 Summons Summons in Civil Action Wilmington Trust) (Connaughton, Rory)
September 24, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee, including Administrative fee, $400, receipt number 315-5295558), filed by MARC KATZEN, BARI BOYER, MARSHALL KATZEN. (Attachments: #1 Civil Cover Sheet Page 1, #2 Civil Cover Sheet Page 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L) (sdp)

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Search for this case: BOYER et al v. CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY et al
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Defendant: M&T BANK
Represented By: Dana Windisch Chilson
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Defendant: C WAREHOUSE, LLC
Represented By: Michael J. Parrish, Jr.
Represented By: Toby D. McIlwain
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Defendant: FRANK A. VILLELLA
Represented By: David B. Consiglio
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Defendant: WILMINGTON TRUST, N.A.
Represented By: Dana Windisch Chilson
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Defendant: CLEARFIELD COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
Represented By: David J. Hopkins
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Defendant: JOSEPH A. VARACALLO
Represented By: Michael J. Parrish, Jr.
Represented By: Toby D. McIlwain
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Defendant: DEVELOPAC, INC.
Represented By: Michael J. Parrish, Jr.
Represented By: Toby D. McIlwain
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Plaintiff: MARC KATZEN
Represented By: Rory O. Connaughton
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Plaintiff: BARI BOYER
Represented By: Rory O. Connaughton
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Plaintiff: MARSHALL KATZEN
Represented By: Rory O. Connaughton
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