AMERISERV FINANCIAL, INC. v. DRIVER OPPORTUNITY PARTNERS I, L.P. et al
| AMERISERV FINANCIAL, INC. |
| JULIUS RUDOLPH, DRIVER OPPORTUNITY PARTNERS I, L.P., J. ABBOTT R. COOPER, IZZY, BRANDON L. SIMMONS, J. Michael Adams, Jr., AMY BRADLEY, ALLAN R. DENNISON, MARGARET A. OMALLEY, SARA A. SARGENT and Jeffrey A. Stopko |
| KIM W. KUNKLE, DANIEL A. ONORATO and MARK E. PASQUERILLA |
| 3:2023cv00067 |
| April 7, 2023 |
| U.S. District Court for the Western District of Pennsylvania |
| Stephanie L Haines |
| Stockholders Suits |
| 28 U.S.C. § 1441 Notice of Removal-Contract Dispute |
| None |
Docket Report
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| Filing 31 STIPULATION re #30 Amended Counterclaim, by AMERISERV FINANCIAL, INC., 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. (McDonald, Christopher) |
| Filing 30 AMENDED COUNTERCLAIM , Answer and Affirmative Defenses against AMERISERV FINANCIAL, INC.., filed by DRIVER OPPORTUNITY PARTNERS I, L.P.. Related document: #13 Answer to Complaint,, Counterclaim, filed by DRIVER OPPORTUNITY PARTNERS I, L.P.. (Attachments: #1 Appendix to Amended Counterclaims, #2 Appendix Set 1 of 6, #3 Appendix Set 2 of 6, #4 Appendix Set 3 of 6, #5 Appendix Set 4 of 6, #6 Appendix Set 5 of 6, #7 Appendix Set 6 of 6) (Ayala, Thomas) |
| Filing 29 REPLY to Response to Motion re #14 Motion to Remand filed by AMERISERV FINANCIAL, INC. (Attachments: #1 Certificate of Service) (Scrivani, Stacey) |
| Filing 28 Disclosure Statement identifying None as corporate parent or other affiliate, by AMERISERV FINANCIAL, INC., 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. (Scrivani, Stacey) |
Filing 27
ORDER. Upon Plaintiff/Counterclaim Defendants having filed a motion to dismiss #22 and brief in support #26 , IT IS ORDERED that Defendants/Counterclaim Plaintiff shall file a response to that motion no later than May 26, 2023. Any reply to the response shall be filed no later than June 2, 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)
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| Filing 26 Errata re #23 Brief in Support of Motion, for Failure to State a Claim, Pursuant to Federal Abstention and Rule 12(B)(6) by AMERISERV FINANCIAL, INC., 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. Reason for Correction: Signature Requirements.. (Scrivani, Stacey) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #22 Motion to Dismiss for Failure to State a Claim. 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 5/15/2023. (jma) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #23 Brief in Support of Motion. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (jma) |
| Filing 25 RESPONSE IN OPPOSITION to #14 Motion to Remand, filed by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. (Attachments: #1 Certificate of Service) (Moore, Ryan) |
| Filing 24 BRIEF in Opposition re #11 Motion to Dismiss filed by AMERISERV FINANCIAL, INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Scrivani, Stacey) |
| Filing 23 BRIEF in Support re #22 Motion to Dismiss for Failure to State a Claim, Pursuant to Federal Abstention and Rule 12(B)(6) filed by AMERISERV FINANCIAL, INC., 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. (Scrivani, Stacey). Re-docketed at #26 Errata, correcting signature requirement. Modified text on 5/8/2023 to remove item from view and add document linkage. (jma) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Notice of Removal Pursant to Federal Abstention and Rule 12(B)(6) by AMERISERV FINANCIAL, INC., 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. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Scrivani, Stacey) Modified text on 5/8/2023 to add document linkage. (jma) |
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Filing 21
ORDER OF COURT granting #17 Motion for Jason P. Rudloff to Appear Pro Hac Vice. IT FURTHER IS ORDERED that Jason P. Rudloff, Esq., hereby is admitted pro hac vice to represent Plaintiff AmeriServ Financial, Inc. before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/20/2023. (dlg)
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Filing 20
ORDER OF COURT granting #16 Motion for Christopher McDonald to Appear Pro Hac Vice. IT FURTHER IS ORDERED that Christopher McDonald, Esq., hereby is admitted pro hac vice to represent Plaintiff AmeriServ Financial, Inc. before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/20/2023. (dlg)
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| Filing 19 Errata re #17 Motion to Appear Pro Hac Vice of Jason P. Rudloff by AMERISERV FINANCIAL, INC.. Reason for Correction: Signature Requirements.. (Rudloff, Jason) |
| Filing 18 Errata re #16 Motion to Appear Pro Hac Vice of Christopher A. McDonald by AMERISERV FINANCIAL, INC. Reason for Correction: Signature requirements. (McDonald, Christopher) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Motion to Appear Pro Hac Vice, #16 Motion to Appear Pro Hac Vice. ERROR: Typed name omitted by s/ on main document. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (jma) |
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Upon Plaintiff AmeriServ Financial, Inc. having filed a motion to remand #14 and brief in support #15 , IT IS ORDERED that Defendants shall file a response to that motion no later than May 9, 2023. Any reply to the response shall be filed no later than May 16, 2023. No sur-replies are permitted except by leave of court. 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)
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| Filing 17 MOTION for attorney Jason P. Rudloff to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7647914) by AMERISERV FINANCIAL, INC. (Attachments: #1 Affidavit with Exhibit A) Re-docketed at #19 Errata fixing signature requirement. (Rudloff, Jason) Modified text on 4/20/2023 to remove document from view. (jma) |
| Filing 16 MOTION for attorney Christopher A. McDonald to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7647846) by AMERISERV FINANCIAL, INC. (Attachments: #1 Affidavit with Exhibit A) Re-docketed at #18 Errata fixing signature requirement. (McDonald, Christopher) Modified text on 4/20/2023 to add document linkage and remove from view. (jma) |
| Filing 15 BRIEF in Support re #14 Motion to Remand filed by AMERISERV FINANCIAL, INC. (Scrivani, Stacey) |
| Filing 14 MOTION to Remand by AMERISERV FINANCIAL, INC. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Scrivani, Stacey) |
| Filing 13 ANSWER to Complaint and Affirmative Defenses, COUNTERCLAIM against AMERISERV FINANCIAL, INC., 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 by DRIVER OPPORTUNITY PARTNERS I, L.P. (Attachments: #1 Appendix List and 1-12, #2 Appendix 13-24, #3 Appendix 25-37, #4 Certificate of Service) (Ayala, Thomas) |
| Filing 12 BRIEF in Support re #11 Motion to Dismiss filed by J. ABBOTT R. COOPER, JULIUS RUDOLPH, BRANDON L. SIMMONS. (Moore, Ryan) |
| Filing 11 MOTION to Dismiss by J. ABBOTT R. COOPER, JULIUS RUDOLPH, BRANDON L. SIMMONS. (Attachments: #1 Proposed Order) (Moore, Ryan) |
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Filing 10
ORDER OF COURT granting #3 Motion for Thomas V. Ayala to Appear Pro Hac Vice. It further is Ordered that Thomas V. Ayala, Esq., hereby is admitted pro hac vice to represent Defendants Driver Opportunity Partners I, LP, J. Abbott R. Cooper, Julius Randolph and Brandon L. Simmons before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/10/2023. (dlg)
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Filing 9
ORDER OF COURT granting #4 Motion for Ryan M. Moore to Appear Pro Hac Vice. It is further Ordered that Ryan M. Moore, Esq., hereby is admitted pro hac vice to represent Defendants Driver Opportunity Partners I, LP, J. Abbott R. Cooper, Julius Randolph and Brandon L. Simmons before this Court in this action only. Signed by Judge Stephanie L. Haines on 4/10/2023. (dlg)
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Filing 8
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order) Signed by Judge Stephanie L. Haines on 04/10/2023. (dag)
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| Filing 7 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) |
| Filing 6 Errata re #3 Motion to Appear Pro Hac Vice, by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. Reason for Correction: error in case number. (Attachments: #1 Affidavit In Support) (Ayala, Thomas). Re-docketed at #6 Errata correcting case number. Modified text on 4/10/2023 to add document linkage. (jma) |
| Filing 5 Errata re Quality Control message - Caption/case number of document does not match case, #4 Motion to Appear Pro Hac Vice, by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. Reason for Correction: error in case number. (Attachments: #1 Affidavit In Support) (Moore, Ryan) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Motion to Appear Pro Hac Vice, #4 Motion to Appear Pro Hac Vice,. ERROR: Case number of document does not match case number of case. CORRECTION: Attorney is directed to file an Errata with corrected case number. (jma) |
| Filing 4 MOTION for attorney Ryan M. Moore to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7629898) by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. (Attachments: #1 Affidavit In Support, #2 Exhibit Certificate of Good Standing) (Moore, Ryan). Re-docketed at #5 Errata correcting case number. Modified text on 4/10/2023. (jma) |
| Filing 3 MOTION for attorney Thomas V. Ayala to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7629897) by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. (Attachments: #1 Affidavit In Support, #2 Exhibit Certificate of Good Standing) (Krause, Jonathan) |
| Filing 2 Disclosure Statement identifying Driver Management Co. LLC as a general partner, by J. ABBOTT R. COOPER, DRIVER OPPORTUNITY PARTNERS I, L.P., JULIUS RUDOLPH, BRANDON L. SIMMONS. (jma) |
| Filing 1 NOTICE OF REMOVAL from Cambria, case number 2023-1002 Copies attached: Civil Cover Sheet, State Court Complaint, Docket Sheet, Exhibits (Filing fee, including Administrative fee, $402, receipt number APAWDC-7629323), filed by J. ABBOTT R. COOPER, JULIUS RUDOLPH, BRANDON L. SIMMONS, DRIVER OPPORTUNITY PARTNERS I, L.P. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint, #3 Exhibit 2 - Docket Sheet, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (jma) |
| Judge Stephanie L. Haines added. (cel) |
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