SURMAN et al v. PAYNE
Plaintiff: NICHOLINA SURMAN and STEPHEN SURMAN, H/W
Defendant: ROBERT PAYNE and DOT TRANSPORTATION, INC.
Case Number: 3:2019cv00216
Filed: December 12, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Kim R Gibson
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2020 Opinion or Order Filing 22 ORDER re #20 Stipulation to Amend Plaintiffs' Amended Complaint filed by DOT TRANSPORTATION, INC., ROBERT PAYNE - said Stipulation IS SO ORDERED. Signed by Judge Kim R. Gibson on 2/3/2020. (dlg)
January 31, 2020 Opinion or Order Filing 21 ANSWER to #17 Amended Complaint, With Affirmative Defenses by DOT TRANSPORTATION, INC., ROBERT PAYNE. (Pion, John)
January 31, 2020 Opinion or Order Filing 20 STIPULATION to Amend Plaintiffs' Amended Complaint by DOT TRANSPORTATION, INC., ROBERT PAYNE. (Pion, John)
January 13, 2020 Opinion or Order Filing 19 STIPULATION selecting ADR process by DOT TRANSPORTATION, INC., ROBERT PAYNE. (Pion, John)
January 13, 2020 Opinion or Order Filing 18 ORDER - it is HEREBY ORDERED that Defendants' Motion for Partial Dismissal of Plaintiffs' Complaint Pursuant to Fed. R. Civ P. 12(b)(6) and for a More Definitive Statement Pursuant to Fed. R. Civ P. 12(e) (ECF No. #12 ) is DENIED AS MOOT due to the filing of Plaintiffs' Amended Complaint (ECF No. #17 ). Signed by Judge Kim R. Gibson on 1/10/2020. (dlg)
January 10, 2020 Opinion or Order Filing 17 AMENDED COMPLAINT against DOT TRANSPORTATION, INC., ROBERT PAYNE DOT TRANSPORTATION, INC. answer due 1/24/2020; ROBERT PAYNE answer due 1/24/2020, filed by NICHOLINA SURMAN; STEPHEN SURMAN, H/W. (Riechelson, Kevin)
January 9, 2020 Opinion or Order Filing 16 ORDER - Pursuant to Local Rule 16.1 and 16.2, an Initial Rule 16 Case Management Conference shall be held on 2/10/2020, at 10:00 a.m. Trial counsel and all unrepresented parties shall be available for the conference. The Court has no objection to telephone conferences for the Initial Case Management Conference. However, if a telephone conference is preferred, please FAX a request in writing at least 2 days prior to the scheduled conference. It is the responsibility of counsel to coordinate the call to the Judge's Chambers, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/9/2020. (Attachments: #1 Exhibit "A" - Stipulation Selecting ADR Process, #2 Exhibit "B" - Fed.R.Civ.P. 26(f) Report, #3 Exhibit "C" - Initial Scheduling Order). (dlg)
January 7, 2020 Opinion or Order Filing 15 REPORT of Rule 26(f) Planning Meeting. (Pion, John)
December 19, 2019 Opinion or Order Filing 14 ORDER re #12 Motion to Dismiss for Failure to State a Claim, Motion for More Definite Statement filed by DOT TRANSPORTATION, INC., ROBERT PAYNE, transferring motion to be ruled upon in the Western District. Signed by Judge Jan E. DuBois on 12/19/19. (ma)
December 19, 2019 Opinion or Order Filing 13 BRIEF in Support re #12 Motion to Dismiss for Failure to State a Claim, Motion for More Definite Statement filed by DOT TRANSPORTATION, INC., ROBERT PAYNE. (ma)
December 19, 2019 Opinion or Order Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION for More Definite Statement by DOT TRANSPORTATION, INC., ROBERT PAYNE. (Attachments: #1 Exhibit A, #2 Proposed Order) (ma)
December 19, 2019 Opinion or Order Filing 11 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)
December 18, 2019 Opinion or Order Filing 10 Case transferred in from District of Pennsylvania Eastern; Case Number 2:19-cv-04695. Original file certified copy of transfer order and docket sheet received.
December 12, 2019 Opinion or Order Filing 9 ORDER THAT MOTION OF DEFTS, ROBERT PAYNE & DOT TRANSPORTATION, INC. TO TRANSFER VENUE TO THE WESTERN DISTRICT OF PA IS GRANTED. THIS CASE IS TRANSFERRED TO THE U.S.D.C. FOR WESTERN DISTRICT OF PA PURSUANT TO 28 U.S.C. SEC. 1404(a). IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/10/19.12/12/19 ENTERED AND COPIES E-MAILED.(kw, )
December 10, 2019 Opinion or Order Disclosure Statement Form pursuant to FRCP 7.1 by DOT TRANSPORTATION, INC.**(SEE DOCUMENT #8 FOR ORIGINAL FILING AND PDF)**.(tjd)
December 10, 2019 Opinion or Order Filing 8 Statement by DOT TRANSPORTATION, INC., ROBERT PAYNE. (HERSPERGER, STEPHANIE)
December 6, 2019 Opinion or Order Filing 7 Joint STIPULATION to Transfer to the Western District of Pennsylvania by DOT TRANSPORTATION, INC., ROBERT PAYNE.**(COPY FORWARDED TO JUDGE FOR APPROVAL)** (HERSPERGER, STEPHANIE) Modified on 12/10/2019 (tjd).
December 6, 2019 Opinion or Order Filing 6 MOTION to Transfer Venue to the Western District of Pennsylvania Pursuant to 28 U.S.C. 1404(a) filed by DOT TRANSPORTATION, INC., ROBERT PAYNE. Brief, Certificate of Service. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order for Motion to Transfer Venue, #4 Brief Brief In Support of Motion to Transfer Venue)(HERSPERGER, STEPHANIE) Modified on 12/10/2019 (tjd).
November 5, 2019 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by NICHOLINA SURMAN, STEPHEN SURMAN, H/W. DOT TRANSPORTATION, INC. waiver sent on 10/16/2019, answer due 12/16/2019. (RIECHELSON, KEVIN)
November 5, 2019 Opinion or Order Filing 4 REQUEST FOR WAIVER of Service sent to DOT Transportation Inc. on 10/16/2019 by NICHOLINA SURMAN, STEPHEN SURMAN, H/W. Waiver of Service due by 12/5/2019.**(FILED IN ERROR BY ATTY USING INCORRECT EVENT, REFILED AT DOCUMENT #5 )** (RIECHELSON, KEVIN) Modified on 11/6/2019 (tjd).
November 4, 2019 Opinion or Order Filing 3 NOTICE of Appearance by STEPHANIE L. HERSPERGER on behalf of DOT TRANSPORTATION, INC., ROBERT PAYNE with JURY DEMAND AND CERTIFICATE OF SERVICE(HERSPERGER, STEPHANIE)
November 4, 2019 Opinion or Order Filing 2 NOTICE of Appearance by JOHN T. PION on behalf of DOT TRANSPORTATION, INC., ROBERT PAYNE with JURY DEMAND AND CERTIFICATE OF SERVICE(PION, JOHN)
October 9, 2019 Opinion or Order Filing 1 COMPLAINT against DOT TRANSPORTATION, INC., ROBERT PAYNE ( Filing fee $ 400 receipt number PPE204990.), filed by NICHOLINA SURMAN, STEPHEN SURMAN, H/W. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, # Modified on 10/10/2019 (bw, ). (Additional attachment(s) added on 10/10/2019: # 4 Case Management Track Form) (bw, ). (Additional attachment(s) added on 10/10/2019: #3 Case Management Track Form) (bw, ).
October 9, 2019 Opinion or Order 2 Summons Issued as to DOT TRANSPORTATION, INC., ROBERT PAYNE. Forwarded To: COUNSEL on 10/9/2019 (bw, )

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Plaintiff: NICHOLINA SURMAN
Represented By: Kevin S. Riechelson
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Plaintiff: STEPHEN SURMAN, H/W
Represented By: Kevin S. Riechelson
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Defendant: ROBERT PAYNE
Represented By: Stephanie L. Hersperger
Represented By: John T. Pion
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Defendant: DOT TRANSPORTATION, INC.
Represented By: Stephanie L. Hersperger
Represented By: John T. Pion
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