DRIVER OPPORTUNITY PARTNERS I, LP v. ADAMS et al
Plaintiff: DRIVER OPPORTUNITY PARTNERS I, LP
Defendant: J. MICHAEL ADAMS, JR., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO and AMERISERV FINANCIAL, INC.
Case Number: 3:2023cv00056
Filed: March 29, 2023
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Stephanie L Haines
Nature of Suit: Securities/Commodities
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2023 Opinion or Order Filing 61 AMENDED COMPLAINT for Declaratory, Injunctive and Other Relief against J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO J. MICHAEL ADAMS, JR answer due 6/7/2023; AMERISERV FINANCIAL, INC. answer due 6/7/2023; AMY BRADLEY answer due 6/7/2023; ALLAN R. DENNISON answer due 6/7/2023; KIM W. KUNKLE answer due 6/7/2023; MARGARET A. OMALLEY answer due 6/7/2023; DANIEL A. ONORATO answer due 6/7/2023; MARK E. PASQUERILLA answer due 6/7/2023; SARA A. SARGENT answer due 6/7/2023; JEFFREY A. STOPKO answer due 6/7/2023, filed by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Declaration of J. Abbott R. Cooper, #2 Appendix 1 - 40, #3 Appendix 41 - 43, #4 Appendix 44 - 48, #5 Appendix 49, #6 Appendix 50 - 57) (Ayala, Thomas)
May 22, 2023 Opinion or Order Filing 60 ORDER - For the reasons set forth in the accompanying Opinion, IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction (ECF No. #4 ) is DENIED. Signed by Judge Stephanie L. Haines on 5/22/2023. (dlg)
May 22, 2023 Opinion or Order Filing 59 OPINION - A party seeking a preliminary injunction "must meet the threshold for the first two 'most critical' factors: it must demonstrate that it can win on the merits (which requires a showing significantly better than negligible but not necessarily more likely than not) and that it is more likely than not to suffer irreparable harm in the absence of preliminary relief." Reilly, 858 F.3 at 179 (3d Cir. 2017). The Court finds Driver has failed to satisfy its burden as to these first two factors, and accordingly, Driver's Motion for Preliminary Injunction (ECF No. #4 ) is hereby DENIED. An appropriate order will follow, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 5/22/2023. (dlg)
May 22, 2023 Opinion or Order Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Status Conference held on April 4, 2023 before Judge Stephanie L. Haines. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. Tape Number: debbetz917@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/30/2023. Redaction Request due 6/12/2023. Redacted Transcript Deadline set for 6/22/2023. Release of Transcript Restriction set for 8/21/2023. (dab)
May 17, 2023 Opinion or Order Filing 57 EXHIBITS JX-002 in Support of #56 Notice, by DRIVER OPPORTUNITY PARTNERS I, LP. (Ayala, Thomas)
May 17, 2023 Opinion or Order Filing 56 NOTICE OF FILING OF EXHIBITS LISTED IN THE PARTIES JOINT STIUPLATION REGARDING EXHIBITS ADMITTED AT THE PRELIMINARY INJUNCTION HEARING ON MAY 9-10, 2023 by DRIVER OPPORTUNITY PARTNERS I, LP (Attachments: #57 , Exhibit PI Hrg. JX-002, #1 Exhibit PI Hrg. Exhibits, Set 1 of 3, #2 Exhibit PI Hrg. Exhibits, Set 2 of 3, #3 Exhibit PI Hrg. Exhibits, Set 3 of 3) (Ayala, Thomas) Modified text on 5/17/2023 to add document linkage for additional exhibit filed at #57 . (ctb)
May 15, 2023 Opinion or Order Filing 55 ORDER OF COURT. IT IS HEREBY ORDERED that the parties shall file electronic copies of all exhibits identified in #50 Joint Stipulation Regarding Exhibits Admitted at the Preliminary Injunction Hearing on May 9-10, 2023 so as to complete the record of said hearing. Signed by Judge Stephanie L. Haines on 5/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
May 12, 2023 Opinion or Order Filing 54 BRIEF in Opposition re #4 Motion for Preliminary Injunction Post-Hearing Brief Pursuant to April 24, 2023 Order filed by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Scrivani, Stacey)
May 12, 2023 Opinion or Order Filing 53 BRIEF in Support re #4 Motion for Preliminary Injunction Post-Hearing Brief Pursuant to April 24, 2023 Order filed by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Proposed Order Alternative, #2 Certificate of Service) (Ayala, Thomas)
May 11, 2023 Opinion or Order Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Preliminary Injunction - Day 2, held on Wednesday, May 10, 2023, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, Email: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/18/2023. Redaction Request due 6/1/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/9/2023. (sah)
May 11, 2023 Opinion or Order Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Preliminary Injunction - Day 1 held on Tuesday, May 9, 2023, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, Email: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/18/2023. Redaction Request due 6/1/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/9/2023. (sah)
May 10, 2023 Opinion or Order Filing 50 STIPULATION Regarding Exhibits Admitted at the May 9-10, 2023 Preliminary Injunction Hearing by DRIVER OPPORTUNITY PARTNERS I, LP. (Ayala, Thomas)
May 10, 2023 Opinion or Order Filing 49 Minute Entry for proceedings held before Judge Stephanie L. Haines: Preliminary Injunction Hearing - Day 2 held on 5/10/2023. Court convened for the continuation of the evidentiary hearing on Plaintiff's Motion for Preliminary Injunction [ECF No. 4]. Witnesses Julius Rudolph, Jeffrey Stopko, Allan Dennison and David Swartz testified and were questioned by Plaintiff and Defense Counsel. The Court admitted Plaintiff's Exhibits 3 and 4, and the parties are to supply to the Court a complete list of all admitted exhibits. Pursuant to the Court's Order of April 24, 2023 [ECF No. 33] the parties are to file post-hearing briefs on or before May 12, 2023. The Court will hold the matter under advisement and will issue a ruling shortly. (Court Reporter: Shirley Hall) (dag)
May 10, 2023 Opinion or Order Filing 48 Minute Entry for proceedings held before Judge Stephanie L. Haines: Preliminary Injunction Hearing - Day 1 held on 5/09/2023. Court convened for an evidentiary hearing on Plaintiff's Motion for Preliminary Injunction [ECF No. 4]. Plaintiff's witness J. Abbott R. Cooper testified and was questioned by Plaintiff and Defense counsel. The Court admitted agreed-to-exhibits and the parties are to supply to the Court a complete list of all exhibits they have agreed to admit. The Court advised the parties of the parameters for witness testimony at tomorrow's continuation of the hearing which shall begin at 8:30 a.m. (Court Reporter: Shirley Hall) (dag)
May 9, 2023 Opinion or Order NOTICE. The preliminary injunction hearing is hereby scheduled to continue on May 10, 2023 starting at 8:30 a.m. in Courtroom A of the United States Courthouse, Johnstown, Pennsylvania. (sas)
May 8, 2023 Opinion or Order Filing 47 NOTICE. The preliminary injunction hearing scheduled in this matter for May 9, 2023 from 9:00 a.m. to 12:00 p.m. and for May 10, 2023 from 10:00 a.m. until the hearing concludes shall take place in Courtroom A of the United States Courthouse, Johnstown, Pennsylvania. (sas)
May 8, 2023 Opinion or Order Filing 46 ORDER. Upon Defendants having filed a motion to dismiss #41 and brief in support #42 , IT IS ORDERED that Plaintiff shall file a response to that motion no later than May 24, 2023. Any reply to the response shall be filed no later than May 31, 2023. No sur-replies are permitted except by leave of court. Signed by Judge Stephanie L. Haines on 5/8/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
May 4, 2023 Opinion or Order Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Telephonic Status Conference held on May 3, 2023 before Judge Stephanie Haines. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90-day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/11/2023. Redaction Request due 5/25/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/2/2023. (kme)
May 4, 2023 Opinion or Order Filing 44 ORDER OF COURT - Following a status conference with the parties held on this date, IT IS HEREBY ORDERED that: 1) The Motion of Driver Opportunity Partners I, LP and Non-Party Julius "Izzy" Rudolph to Quash Subpoena Issued to Izzy Rudolph and J. Abbott R. Cooper (ECF No. #40 ) is hereby DENIED as the Court finds Witnesses Rudolph and Cooper will provide testimony relevant to the matters at issue in the preliminary injunction hearing. However, to accommodate Mr. Rudolph's observance of a religious holiday, the preliminary injunction hearing will now be conducted on May 9, 2023 from 9:00 a.m. to 12:00 p.m. and on May 10, 2023 from 10:00 a.m. until the hearing concludes; and, 2) Defendants' oral Motion to Quash the Subpoenas Issued to Robert E. Werner, III and Jack Babich is GRANTED as, following a proffer from Plaintiff's counsel as to the substance of these witnesses' testimony, the Court finds the testimony of these witnesses is beyond the scope of the matters at issue in the preliminary injunction hearing; and, 3) As the parties reached an agreement as to the document requests set forth in the subpoenas served to the parties' respective witnesses, any outstanding motion and/or dispute relating to those document requests is hereby deemed MOOT, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 5/4/2023. (dlg)
May 4, 2023 Opinion or Order Filing 43 Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 5/3/2023. Court convened via AT&T conference call for status conference regarding disputes between the parties relating to witness and document subpoenas for the upcoming preliminary injunction hearing in this matter. The parties both submitted letters explaining their positions on these issues, and Plaintiff also filed a motion to quash subpoenas issued by defendants as to Witnesses Rudolph, Cooper, and Plaintiff [ECF No. 40]. The Court allowed the parties to explain their positions on the various issues to the Court. The Court denied the motion to quash [ECF No. 40], but to accommodate Mr. Rudolph's observance of a religious holiday, the hearing will now be conducted on May 9, 2023 from 9:00 a.m. to 12:00 p.m. and on May 10, 2023, from 10:00 a.m. until the hearing concludes, and Mr. Rudolph shall testify on May 10, 2023. The Court granted Defendants' oral motion to quash the subpoenas directed to Witnesses Babich and Werner, and those witnesses shall not testify at the hearing. The Court also found that Defendants are permitted to call Witness Swartz at the hearing. As to the outstanding records requests, the parties agreed that the records produced to date were sufficient for the preliminary injunction hearing and that any newly discovered documents may be produced and exchanged prior to the hearing. Appropriate order to follow. Conference adjourned. (Court Reporter: Karen Early) (dag)
May 4, 2023 Opinion or Order Set/Reset Hearings: Preliminary Injunction Hearing is now scheduled from 9:00 a.m. to 12:00 p.m. on May 9, 2023, and on May 10, 2023 from 10:00 a.m. until the hearing concludes before Judge Stephanie L. Haines. (dlg)
May 3, 2023 Opinion or Order Filing 42 BRIEF in Support re #41 Motion to Dismiss for Failure to State a Claim, filed by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (McDonald, Christopher)
May 3, 2023 Opinion or Order Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 COMPLAINT by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Attachments: #1 Proposed Order, #2 Certificate of Service) (McDonald, Christopher) Modified text on 5/4/2023 to add document linkage. (ctb)
May 3, 2023 Opinion or Order Filing 40 MOTION to Quash Subpoenas to Julius Rudolph, Driver Opportunity Partners I, LP and J. Abbott R. Cooper by DRIVER OPPORTUNITY PARTNERS I, LP, JULIUS RUDOLPH, J. ABBOTT R. COOPER. (Attachments: #1 Exhibit Subpoena - Rudolph, #2 Exhibit Subpoena - Driver, #3 Exhibit Subpoena - Cooper, #4 Exhibit Politan, #5 Exhibit Subpoena - Babich, #6 Exhibit Subpoena - Werner, #7 Exhibit Subpoena - Dennison, #8 Exhibit Subpoena - Stopko, #9 Exhibit JX-18, #10 Proposed Order, #11 Certificate of Service) (Ayala, Thomas)
May 2, 2023 Opinion or Order Filing 39 NOTICE of Driver Exhibit - Driver's Definitive Proxy Statement by DRIVER OPPORTUNITY PARTNERS I, LP (Attachments: #1 Exhibit) (Ayala, Thomas)
May 2, 2023 Opinion or Order Filing 38 EXHIBITS Witness and Exhibit Lists for May 9, 2023 Preliminary Injunction Hearing with Certificate of Service in Support of #34 Stipulation, #33 Order, by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Scrivani, Stacey)
May 2, 2023 Opinion or Order Filing 37 Witness List by DRIVER OPPORTUNITY PARTNERS I, LP. (Ayala, Thomas)
May 2, 2023 Opinion or Order Filing 36 NOTICE of Supplemental Joint Appendix Exhibit No. 50 by DRIVER OPPORTUNITY PARTNERS I, LP (Attachments: #1 Exhibit) (Ayala, Thomas)
May 2, 2023 Opinion or Order Filing 35 EXHIBITS Joint Exhibit List for Preliminary Injunction Hearing - Referenced as Exhibit A to the Joint Stipulation filed at ECF No. 34 in Support by DRIVER OPPORTUNITY PARTNERS I, LP. (Ayala, Thomas)
May 2, 2023 Opinion or Order Filing 34 STIPULATION Joint Stipulation for Preliminary Injunction Hearing by DRIVER OPPORTUNITY PARTNERS I, LP. (Ayala, Thomas)
May 2, 2023 Opinion or Order NOTICE of Hearing: A Telephonic Status Conference is scheduled for Wednesday, May 3, 2023, at 1:30 p.m. before Judge Stephanie L. Haines. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
April 24, 2023 Opinion or Order Filing 33 ORDER OF COURT - IT IS HEREBY ORDERED that: 1) A hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. #4 ) is scheduled for May 9, 2023, at 9:30 A.M. in Courtroom B, United States Courthouse, Johnstown, Pennsylvania; 2) On or before May 2, 2023, the parties shall file and exchange witness lists and exhibit lists. The parties shall also mark and exchange copies of all exhibits, and Counsel shall provide the Court with a courtesy copy of the exhibit binder by close of business on May 2, 2023. 3) Any and all joint stipulations shall be filed on or before May 2, 2023; and 4) The parties shall file post-hearing briefs on or before May 12, 2023. Signed by Judge Stephanie L. Haines on 4/24/2023. (dlg)
April 24, 2023 Opinion or Order Filing 32 SUPPLEMENT by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO to #4 Motion for Preliminary Injunction, #22 Response to Motion, #31 Reply Brief,. (Scrivani, Stacey)
April 21, 2023 Opinion or Order Filing 31 REPLY BRIEF re #4 Motion for Preliminary Injunction Reply in Further Support filed by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Certificate of Service, #2 Exhibit Ex. 1 - ASRV Form 8-K 2023Q1, #3 Exhibit Ex. 2 - ASRV Prelim. Proxy Stmt. 4-6-2023, #4 Exhibit Ex. 3 - Tr. 4-4-2023 Court Conf., #5 Exhibit Ex. 4 - ASRV Prelim Proxy Stmt. 4-19-2023, #6 Exhibit Ex. 5 - ASRV Proxy Material 4-18-2023) (Ayala, Thomas)
April 20, 2023 Opinion or Order Filing 30 ORDER OF COURT granting #25 Motion for Jason P. Rudloff to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Jason P. Rudloff, Esq., hereby is admitted pro hac vice to represent Defendants before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/20/2023. (dlg)
April 20, 2023 Opinion or Order Filing 29 ORDER OF COURT granting #24 Motion for Christopher McDonald to Appear Pro Hac Vice; and, IT FURTHER IS ORDERED that Christopher McDonald, Esq., hereby is admitted pro hac vice to represent Defendants before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/20/2023. (dlg)
April 20, 2023 Opinion or Order Filing 28 ORDER granting #23 Motion for Leave to File Excess Pages. Plaintiff may file a reply brief in response to Defendants' Opposition Brief #22 that shall not exceed 20 pages. Signed by Judge Stephanie L. Haines on 4/20/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
April 20, 2023 Opinion or Order Filing 27 Errata re #25 Motion to Appear Pro Hac Vice, of Jason P. Rudloff by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. Reason for Correction: Signature requirements.. (Rudloff, Jason)
April 20, 2023 Opinion or Order Filing 26 Errata re #24 Motion to Appear Pro Hac Vice, of Christopher A. McDonald by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. Reason for Correction: Signature Requirements.. (McDonald, Christopher)
April 20, 2023 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #24 Motion to Appear Pro Hac Vice, #25 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Typed name omitted by s/ on Motions to Appear Pro Hac Vice. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (ctb)
April 19, 2023 Opinion or Order Filing 25 MOTION for attorney Jason P. Rudloff to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7647899) by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Attachments: #1 Affidavit with Exhibit A) (Rudloff, Jason) Main document errata filed at #27 ; Modified text on 4/20/2023. (ctb)
April 19, 2023 Opinion or Order Filing 24 MOTION for attorney Christopher A. McDonald to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7647870) by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Attachments: #1 Affidavit with Exhibit A) (McDonald, Christopher) Main document errata filed at #26 ; Modified text on 4/20/2023. (ctb)
April 19, 2023 Opinion or Order Filing 23 MOTION for Leave to File Excess Pages Exceed Page Limits (Unopposed) by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Proposed Order) (Ayala, Thomas)
April 14, 2023 Opinion or Order Filing 22 RESPONSE to Motion re #4 MOTION for Preliminary Injunction with Memorandum of Law in support filed by AMERISERV FINANCIAL, INC.. (Attachments: #1 Certificate of Service, #2 Proposed Order, #3 Exhibit Defs Exhibits A-I) (Scrivani, Stacey)
April 12, 2023 Opinion or Order Filing 21 ORDER granting #20 Motion for Leave to File Excess Pages. It is further Ordered that Defendants may file briefing in opposition to Plaintiff's Motion for Preliminary Injunction (D.I. 4) that shall not exceed 50 pages. Signed by Judge Stephanie L. Haines on 4/12/2023. (dlg)
April 12, 2023 Opinion or Order Filing 20 Unopposed MOTION for Leave to File Excess Pages and Certificate of Service by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Attachments: #1 Proposed Order) (Scrivani, Stacey)
April 6, 2023 Opinion or Order Filing 19 AFFIDAVIT of Service for Acceptance of Service of #1 Complaint, Summons and #4 Motion for Preliminary Injunction served on Driver Opportunity Partners I LP on 4/3/2023, filed by J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Scrivani, Stacey) Modified text on 4/6/2023 to add document linkage. (ctb)
April 4, 2023 Opinion or Order Filing 18 NOTICE of Appearance by Stacey A. Scrivani on behalf of J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO. (Scrivani, Stacey)
April 4, 2023 Opinion or Order Filing 17 ORDER OF COURT - Upon Plaintiff having filed a motion for preliminary injunction [Doc. #4 ] in this matter, and, pursuant to the telephone status conference held this day, IT IS ORDERED that Defendants shall file a response to Plaintiff's motion no later than April 14, 2023. Plaintiff's reply, if any, shall be filed no later that April 21, 2023. No sur-reply shall be permitted. Upon close of briefing, the Court forthwith will set a hearing on the motion for preliminary injunction. Signed by Judge Stephanie L. Haines on 4/4/2023. (dlg)
April 4, 2023 Opinion or Order Filing 16 Minute Entry for proceedings held before Judge Stephanie L. Haines: Status Conference held on 4/4/2023. Court convened via AT&T conference call for status conference regarding Plaintiff's motion for preliminary injunction [Doc. 4]. Counsel entered appearances. Motions to appear pro hac vice forthcoming for Attorneys McDonald and Rutloff. Attorney Scrivani advised that the annual meeting has not yet been announced but will be held May 26, 2023. Court heard from Attorney Ayala. Attorney Scrivani responded. The Court will enter an order scheduling briefing on the motion for preliminary injunction. Appropriate order to follow. Conference adjourned. (Court Reporter: Debbie Betzler) (dag)
April 4, 2023 Opinion or Order Filing 15 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order) Signed by Judge Stephanie L. Haines on 04/03/2023. (dag)
April 4, 2023 Opinion or Order Filing 14 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. (dag)
March 31, 2023 Opinion or Order Filing 13 Summons Issued as to KIM W. KUNKLE (ctb)
March 31, 2023 Opinion or Order Filing 12 PRAECIPE to Issue Summons by DRIVER OPPORTUNITY PARTNERS I, LP (Attachments: #1 Exhibit) (Krause, Jonathan)
March 31, 2023 Opinion or Order Filing 11 ORDER OF COURT. Telephonic Status Conference set for 4/4/23 at 10:30 AM before Judge Stephanie L. Haines. The conference will be conducted via AT&T conference call. The call information will be provided to counsel via email in advance of the conference. Signed by Judge Stephanie L. Haines on 3/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr)
March 31, 2023 Opinion or Order Filing 10 ORDER OF COURT granting #8 Motion for Ryan M. Moore to Appear Pro Hac Vice. It further is Ordered that Ryan M. Moore, Esq., hereby is admitted pro hac vice to represent Plaintiff Driver Opportunity Partners I, LP., before this Court in this action only. Signed by Judge Stephanie L. Haines on 3/31/2023. (dlg)
March 31, 2023 Opinion or Order Filing 9 ORDER OF COURT granting #7 Motion for Thomas V. Ayala to Appear Pro Hac Vice. It is further Ordered that Thomas V. Ayala, Esq., hereby is admitted pro hac vice to represent Plaintiff Driver Opportunity Partners I, LP, before this Court in this action only. Signed by Judge Stephanie L. Haines on 3/31/2023. (dlg)
March 31, 2023 Opinion or Order Filing 8 MOTION for attorney Ryan M. Moore to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7617342) by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Affidavit, #2 Exhibit) (Moore, Ryan)
March 31, 2023 Opinion or Order Filing 7 MOTION for attorney Thomas V. Ayala to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7617299) by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Affidavit, #2 Exhibit) (Ayala, Thomas)
March 31, 2023 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #5 Motion Admission Pro Hac Vice, #6 Motion Admission Pro Hac Vice. ERROR #1: Incorrect filer selected. CORRECTION: Correct filers Thomas V. Ayala and Ryan M. Moore must refile Motions to Appear Pro Hac Vice from their own, individual filing accounts. See LCvR 5.5 and the Court's Standing Order at 2:05-mc-186.ERROR #2: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order along with their refiled motion. See LCvR 7(D). ERROR #3: Wrong Event Selected. CORRECTION: Attorney is advised at refiling these motions to Appear Pro Hac Vice to file under the event "Appear Pro Hac Vice" under the Motions category; Admission by Pro Hac Vice requires the filing fee that is prompted only by this event selection. See LCvR 83.2(B) and Clerk's Fee Schedule. (ctb)
March 31, 2023 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Motion for Preliminary Injunction. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that motions and corresponding briefs are to be filed as separate documents. This message is for informational purposes only. (ctb)
March 30, 2023 Opinion or Order Filing 6 MOTION Admission Pro Hac Vice of Ryan M. Moore by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Affidavit, #2 Exhibit) (Krause, Jonathan) Motion terminated and refiled at #8 ; Modified text on 3/31/2023. (ctb)
March 30, 2023 Opinion or Order Filing 5 MOTION Admission Pro Hac Vice of Thomas V. Ayala by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Affidavit, #2 Exhibit) (Krause, Jonathan) Motion terminated and refiled at #7 ; Modified text on 3/31/2023. (ctb)
March 30, 2023 Opinion or Order Filing 4 MOTION for Preliminary Injunction with Memorandum of Law in support by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Proposed Order) (Krause, Jonathan)
March 30, 2023 Opinion or Order Filing 2 Summons Issued as to J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO (Attachments: Main Document is Summons as to J. MICHAEL ADAMS, JR., #1 Summons as to AMERISERV FINANCIAL, INC., #2 Summons as to AMY BRADLEY, #3 Summons as to ALLAN R. DENNISON, #4 Summons as to MARGARET A O'MALLEY, #5 Summons as to DANIEL A. ONORATO, #6 Summons as to MARK E. PASQUERILLA, #7 Summons as to SARA A. SARGENT, #8 Summons as to JEFFREY A. STOPKO) (ctb)
March 29, 2023 Opinion or Order Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, by DRIVER OPPORTUNITY PARTNERS I, LP. (ctb)
March 29, 2023 Opinion or Order Filing 1 COMPLAINT against J. MICHAEL ADAMS, JR, AMERISERV FINANCIAL, INC., AMY BRADLEY, ALLAN R. DENNISON, KIM W. KUNKLE, MARGARET A. OMALLEY, DANIEL A. ONORATO, MARK E. PASQUERILLA, SARA A. SARGENT, JEFFREY A. STOPKO (Filing fee, including Administrative fee, $402, receipt number APAWDC-7614421), filed by DRIVER OPPORTUNITY PARTNERS I, LP. (Attachments: #1 Civil Cover Sheet, #2 Appendix 1, #3 Appendix 2, #4 Appendix 3, #5 Declaration) (ctb)

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Search for this case: DRIVER OPPORTUNITY PARTNERS I, LP v. ADAMS et al
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Plaintiff: DRIVER OPPORTUNITY PARTNERS I, LP
Represented By: Jonathan Spells Krause
Represented By: Ryan M. Moore
Represented By: Thomas V. Ayala
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Defendant: J. MICHAEL ADAMS, JR.
Represented By: Jason Patrick Rudloff
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
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Defendant: AMY BRADLEY
Represented By: Jason Patrick Rudloff
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
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Defendant: ALLAN R. DENNISON
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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Defendant: KIM W. KUNKLE
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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Defendant: MARGARET A. OMALLEY
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
Represented By: Stacey A. Scrivani
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Defendant: DANIEL A. ONORATO
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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Defendant: MARK E. PASQUERILLA
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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Defendant: SARA A. SARGENT
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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Defendant: JEFFREY A. STOPKO
Represented By: Jason Patrick Rudloff
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
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Defendant: AMERISERV FINANCIAL, INC.
Represented By: Stacey A. Scrivani
Represented By: Christopher A. McDonald
Represented By: Jason Patrick Rudloff
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