Ciarrocchi v. Kevin W. Smith & Associates, Inc. et al
| The Piazza Family Trust II |
| Anthony Piazza, Kevin W. Smith & Associates, Inc., Michael Piazza, Crestmark Bank, Inc. and Kevin W. Smith |
| Anthony Ciarrocchi |
| 4:2017cv00900 |
| November 6, 2017 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| XX US, Outside State |
| John McBryde |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 71
FINAL JUDGMENT: Consistent with the notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) filed this date, the court ORDERS, ADJUDGES, and DECREES that the claims of plaintiff, Anthony Ciarrochi, against defendants, Kevin W. Smith and Kevin W. Smith & Associates, Inc., be, and are hereby, dismissed without prejudice. (Ordered by Judge John McBryde on 11/13/2017) (tln)
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| Filing 70 NOTICE of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) filed by Anthony Ciarrocchi. (tln) |
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Filing 69
ORDER: The court ORDERS that the caption of this action be amended to reflect that Ciarrochi is plaintiff and Smith are defendants. The court further ORDERS that by 4:00 p.m. on November 21, 2017, Ciarrochi file an amended pleading to be titled "Plaintiff's Amended Complaint" in compliance with the pleading requirements of the Federal Rules of Civil Procedure' and the Local Civil Rules of the United States District Court for the Northern District of Texas, and the judge-specific requirements of the undersigned, and that by November 30, 2017, Smith file an answer or other response to such Plaintiff's Amended Complaint in compliance with the requirements of the Federal Rules of Civil Procedure and Local Civil Rules of the United States District Court for the Northern District of Texas, and the judge-specific requirements of the undersigned. (see order) (Ordered by Judge John McBryde on 11/7/2017) (tln)
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Filing 68
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 11/6/2017) (bdb)
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| Filing 67 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdb) |
| Filing 66 Case electronically transferred in from District of Pennsylvania Eastern; Case Number 2:17-cv-01704. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 65
ORDER THAT KEVIN W. SMITH AND KEVIN W. SMITH & ASSOCIATES, INC.'S MOTION TO SERVER AND TRANSFER #56 THE THIRD PARTY COMPLAINT AGAINST THEM UNDER A VALID FORUM SELECTION CLAUSE IN THE ASSET PURCHASE AGREEMENT AND SHARE TRANSFER AGREEMENT IS GRANTED AND THE CLERK OF COURT SHALL FORTHWITH TRANSFER THE THIRD-PARTY CLAIMS; KEVIN W. SMITH AND KEVIN W. SMITH & ASSOCIATES, INC.'S MOTION TO DISMISS #55 IS DENIED AS MOOT SUBJECT TO BEING RENEWED BEFORE THE UNITED STATES DISTRICT COURT IN THE NORTHERN DISTRICT OF TEXAS; AND, AS THE SAME ISSUES ARE NOW BEING FULLY LITIGATED IN THIS COURT AS WE PREPARE FOR THE DATE CERTAIN 4/30/2018 TRIAL DATE #58 , WE URGE THE PARTIES TO COORDINATE DISCOVERY IN BOTH FORA CONSISTENT WITH FED.R.CIV.P.1. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/6/17. 11/6/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 64 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 11/6/17. 11/6/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 63
ORDER THAT UPON CONSIDERING CRESTMARK BANK'S MOTION TO DISMISS DEFENDANT CIARROCCHI'S THIRD PARTY CLAIM [54, IT IS ORDERED CRESTMARK BANK'S MOTION #54 IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/1/17.11/1/17 ENTERED AND COPIES E-MAILED.(ti, ) Modified on 11/2/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 62 RESPONSE to Motion re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THIRD-PARTY CLAIM filed by ANTHONY CIARROCCHI. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(PARANJPE, TEJ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 61 RESPONSE to Motion re #55 MOTION to Dismiss filed by ANTHONY CIARROCCHI. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(PARANJPE, TEJ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 60
ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 2/21/2018, AT 9:30 AM, U.S. COURTHOUSE, 601 MARKET STREET, ROOM 4001, PHILADELPHIA, PA 19106. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 10/25/17. 10/25/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 59 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 10/20/17. (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 58 NOTICE of Hearing: A TELEPHONE CONFERENCE REGARDING THE STATUS OF SETTLEMENT IS SET FOR FRIDAY, OCTOBER 20, 2017 AT 3:00 PM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL. JUDGE HEFFLEY CAN BE REACHED AT 267-299-7420.(sah) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 57
ORDER THAT THE ATTACHED STIPULATION IS APPROVED IN PART. ALL FACT AND EXPERT DISCOVERY SHALL BE COMPLETED BY 2/2/2018. SUMMARY JUDGMENT AND DAUBERT MOTIONS SHALL BE FILED NO LATER THAN 2/9/2018. NO LATER THAN 3/22/2018, EACH PARTY SHALL FILE PRETRIAL MEMORANDA COMPLIANT WITH OUR POLICIES. ALL MOTIONS IN LIMINE SHALL BE FILED ON OR BEFORE 4/3/2018. A FINAL PRETRIAL TELEPHONIC CONFERENCE WILL BE HELD ON 4/18/2018, AT 4:30 PM. THE PARTIES AND COUNSEL ARE ATTACHED FOR JURY SELECTION FOLLOWED BY A FIVE DAY JURY TRIAL BEGINNING AT 9:00 AM ON 4/30/2018, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/17/17. 10/17/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Set/Reset Hearings: (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 56 MOTION to Sever filed by KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH.Motion for Severance and to Transfer, Declaration of Kevin W. Smith, Memorandum, Certificate of Service, proposed Order.(CORAN, MICHAEL) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 55 MOTION to Dismiss filed by KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH.Motion to Dismiss, Declaration of Kevin W. Smith, Memorandum, Certificate of Service, proposed Order.(CORAN, MICHAEL) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THIRD-PARTY CLAIM filed by CRESTMARK BANK, INC..Memorandum and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(SHAPIRO, STEPHEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 53
ORDER THAT THE MOTION OF LEN A. WADE, ESQUIRE #52 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/29/17. 9/29/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) Modified on 9/29/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 52 MOTION for Pro Hac Vice Admission filed by KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH.Declaration, Application, Sponsor's Statement, proposed Order, (FILING FEE PAID 10/17/17) Certificate of Service.(CORAN, MICHAEL) Modified on 10/17/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 51
ORDER THAT THE PARTIES' STIPULATION #47 , AS STATED, IS NOT APPROVED BUT KEVIN W. SMITH & ASSOCIATES AND KEVIN W. SMITH ARE GRANTED LEAVE TO RESPOND TO THE CROSS-CLAIMS NO LATER THAN 10/16/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/29/17. 9/29/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 50 NOTICE of Appearance by MICHAEL K. CORAN on behalf of KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH with Certificate of Service(CORAN, MICHAEL) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 49 NOTICE of Appearance by MARYELLEN O'LAUGHLIN on behalf of KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH with Certificate of Service(O'LAUGHLIN, MARYELLEN) *FILED IN ERROR BY INCORRECT ATTORNEY; CORRECT ATTORNEY TO REFILE* Modified on 9/29/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 48
ORDER THAT THE MOTION TO ADMIT LEN A. WADE, ESQUIRE, #46 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/29/17. 9/29/17 ENTERED AND COPIES E-MAILED.(ti, ) Modified on 9/29/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Disclosure Statement Form pursuant to FRCP 7.1 by KEVIN W. SMITH & ASSOCIATES, INC. *FOR PDF SEE DOC. #45 *.(lisad, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 47 Proposed Stipulation for Extension of Time re #35 Answer to Complaint,, Counterclaim, filed by KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH.(O'LAUGHLIN, MARYELLEN) *FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL Modified on 9/29/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 46 MOTION for Pro Hac Vice filed by KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH.Motion and Application for Pro Hac Vice Admission with Declaration, Sponsor's Statement, proposed Order and Certificate of Service.(O'LAUGHLIN, MARYELLEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 45 Statement Disclosure Statement by KEVIN W. SMITH & ASSOCIATES, INC.. (O'LAUGHLIN, MARYELLEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 44 NOTICE of Appearance by MARYELLEN O'LAUGHLIN on behalf of KEVIN W. SMITH & ASSOCIATES, INC., KEVIN W. SMITH & ASSOCIATES, INC., KEVIN SMITH, KEVIN W. SMITH with Certificate of Service(O'LAUGHLIN, MARYELLEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 43
ORDER THAT THE MOTION OF JAMES W. ROSE, ESQUIRE #42 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/28/17.9/28/17 ENTERED AND ECF APPLICATION & COPIES MAILED TO UNREPS, MAILED AND E-MAILED.(ti, ) Modified on 9/28/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 42 MOTION for Pro Hac Vice Admission of James W. Rose ( Filing fee $ 40 receipt number 0313-12355227.) filed by CRESTMARK BANK, INC..Declarations and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Declaration of James W. Rose, #3 Declaration of Stephen J. Shapiro)(SHAPIRO, STEPHEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 41
ORDER THAT THE ATTACHED STIPULATION, AS STAED, IS NOT APPROVED BUT CRESTMARK BANK IS GRANTED LEAVE TO RESPOND TO THE PRESENT CLAIMS NO LATER THAN 10/16/2017, PROVIDING IT OVER THIRTY (30) DAYS TO RESPOND TO THE CLAIMS. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/27/17. 9/27/17 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 40 Disclosure Statement Form pursuant to FRCP 7.1 by CRESTMARK BANK, INC..(SHAPIRO, STEPHEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 39 NOTICE of Appearance by STEPHEN J. SHAPIRO on behalf of CRESTMARK BANK, INC. with Certificate of Service(SHAPIRO, STEPHEN) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 38 ANSWER to Crossclaim, /Cross-Claim Defendants Michael Piazza and Tony Piazza's Answer and Affirmative Defenses to First Amended Counterclaim and Cross-Claim by ANTHONY PIAZZA, MICHAEL PIAZZA. (Attachments: #1 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 37 ANSWER to #35 Answer to Complaint,, Counterclaim, /Plaintiff's Answer and Affirmative Defenses to Defendant's First Amended Counterclaim by THE PIAZZA FAMILY TRUST II. (Attachments: #1 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Set/Reset Scheduling Order Deadlines(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 36
ORDER THAT THE ATTACHED STIPULATION IS APPROVED IN PART AND WE AMEND OUR 8/2/2017 ORDER #24 SOLELY TO PROVIDE PROSPECTIVELY: ALL FACT AND EXPERT DISCOVERY SHALL BE COMPLETED BY 11/30/2017. SUMMARY JUDGMENT AND DAUBERT MOTIONS SHALL BE FILED NO LATER THAN 12/4/2017. NO LATER THAN 1/3/2018, EACH PARTY SHALL FILE PRETRIAL MEMORANDA COMPLIANT WITH OUR POLICIES. ALL MOTIONS IN LIMINE, SHALL BE FILED ON OR BEFORE 1/5/2018. A FINAL PRETRIAL TELEPHONIC CONFERENCE WILL BE HELD ON 1/16/2018, AT 8:30 AM. ALL OTHER OBLIGATIONS IN OUR 8/2/2017, ORDER #24 REMAIN IN EFFECT. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/6/17. 9/6/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 35 Amended ANSWER to #1 Complaint together with Affirmative Defenses, Jury Demand , COUNTERCLAIM against THE PIAZZA FAMILY TRUST II, CROSSCLAIM against MICHAEL PIAZZA, ANTHONY PIAZZA, KEVIN W. SMITH & ASSOCIATES, INC., CRESTMARK BANK, INC., KEVIN W. SMITH by ANTHONY CIARROCCHI. Certificate of Service. (PARANJPE, TEJ) Modified on 8/31/2017 (lisad, ). Modified on 8/31/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Summons Issued as to CRESTMARK BANK, INC., KEVIN W. SMITH & ASSOCIATES, INC., ANTHONY PIAZZA and MICHAEL PIAZZA, KEVIN W. SMITH. Five (5) Summons forwarded to: TEJ R. PARANJPE on 8/31/17 (mbh, ). Modified on 8/31/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| CROSSCLAIM against MICHAEL PIAZZA, ANTHONY PIAZZA, KEVIN W. SMITH & ASSOCIATES, INC., CRESTMARK BANK, INC., KEVIN W. SMITH filed by ANTHONY CIARROCCHI. *FOR PDF SEE DOC. #35 *(lisad, ) Modified on 8/31/2017 (lisad, ). Modified on 8/31/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 34
ORDER-MEMORANDUM THAT UPON CONSIDERATION OF DEFENDANT'S MOTION TO AMEND HIS ANSWER AND CROSS AND COUNTER-CLAIMS #29 , IT IS ORDERED THAT THE MOTION TO AMEND IS GRATNED: DEFENDANT IS GRANTED LEAVE TO AMEND ON OR BEFORE 8/31/2017; PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS IS DENIED AS MOOT, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/29/17.8/29/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 33 RESPONSE in Opposition re #29 First MOTION for Leave to File Amended Answer, Affirmative Defenses, Counterclaims and Cross Claims filed by THE PIAZZA FAMILY TRUST II. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 32
ORDER THAT THE STIPULATION #31 IS GRANTED TO ALLOW DEFENDANT TO RESPOND TO THE PENDING MOTION TO DISMISS #30 , TO THE EXTENT IT IS NOT MOOTED BY AN AMENDED COUNTERCLAIM, NO LATER THAN 9/18/2017; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/18/17. 8/21/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 31 NOTICE by ANTHONY CIARROCCHI of Stipulation of Extension of Time to Respond to Motion to Dismiss (PARANJPE, TEJ) Modified on 8/21/2017 (lvj, ). (FILED IN ERROR BY ATTORNEY; FORWARD TO JUDGE FOR APPROVAL) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 30 MOTION to Dismiss Defendant's Counterclaim filed by THE PIAZZA FAMILY TRUST II.Memorandum of Law and Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 29 First MOTION for Leave to File Amended Answer, Affirmative Defenses, Counterclaims and Cross Claims filed by ANTHONY CIARROCCHI.Memorandum in Support. (Attachments: #1 Memorandum Memorandum in Support, #2 Text of Proposed Order Proposed Order, #3 Exhibit Amended Pleading, #4 Affidavit Verification for Amended Pleading)(PARANJPE, TEJ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 28
ORDER THAT DEFENDANT'S FIRST AMENDED ANSWER #27 INCLUDING A COUNTERCLAIM, CROSSCLAIM AND ADDING NEW PARTIES IS STRICKEN WITHOUT PREJUDICE FOR DEFENDANT TO, CONSISTENT WITH OUR 8/2/2017 ORDER, MOVE TO FILE AN AMENDED ANSWER, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/14/17. 8/14/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 27 First Amended ANSWER to #21 Answer to Complaint, Counterclaim, #1 Complaint , ANSWER to #21 Answer to Complaint, Counterclaim, #1 Complaint , by ANTHONY CIARROCCHI. (Attachments: #1 Affidavit Verification)(PARANJPE, TEJ) Modified on 8/14/2017 (ti, ). (STRICKEN PER ORDER #28 ) Modified on 8/15/2017 (lisad, ). [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 26 Disclosure Statement Form pursuant to FRCP 7.1 by THE PIAZZA FAMILY TRUST II.(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 25
ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 10/26/2017, AT 2:00 PM, U.S. COURTHOUSE, 601 MARKET STRET, ROOM 4001, PHILADELPHIA, PA 19106. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/3/17. 8/3/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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Filing 24
ORDER THAT ALL MOTIONS TO AMEND THE COMPLAINT AND TO JOIN OR ADD ADDITIONAL PARTIES SHALL BE FILED BY 8/18/2017. ALL FACT AND EXPERT DISCOVERY SHALL BE COMPLETED BY 10/20/2017. THIS MATTER IS REFERRED TO MAGISTRATE JUDGE HEFFLEY FOR ALL SETTLEMENT PURPOSES. SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED NO LATER THAN 11/1/2017. NO LATER THAN 12/14/2017, EACH PARTY SHALL FILE A PRETRIAL MEMORANDUM. ALL MOTIONS IN LIMIEN SHALL BE FILED ON OR BEFORE 12/21/2017. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 1/11/2018, AT 8:30 AM, IN COURTROOM 6-B. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A FOUR (4) DAY TRIAL ON 1/18/2018, AT 9:00 AM. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/2/17. 8/3/17 ENTERED AND COPIES E-MAILED.(ti, )[Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Set/Reset Hearings: (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 23 Report Of Rule 26(f) Meeting by THE PIAZZA FAMILY TRUST II. (Attachments: #1 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 22 NOTICE of Withdrawal of Appearance by DOUGLAS A. DANIELS on behalf of ANTHONY CIARROCCHI(DANIELS, DOUGLAS) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 21 ANSWER to #1 Complaint , First COUNTERCLAIM against THE PIAZZA FAMILY TRUST II by ANTHONY CIARROCCHI. (Attachments: #1 Affidavit Verification)(PARANJPE, TEJ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 20
ORDER THAT AN INITIAL PRETRIAL CONFERENCE SHALL BE HELD ON 8/2/2017, AT 3:00 PM, IN COURTROOM 6B, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/14/17. 7/14/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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Filing 19
ORDER-MEMORANDUM THAT UPON CONSIDERING DEFENDANT'S MOTION TO DISMISS #9 , AND PLAINTIFF'S RESPONSE #18 , IT IS ORDERED THAT THE MOTION TO DISMISS #9 IS DENIED. DEFENDANT SHALL FILE AN ANSWER ON OR BEFORE 7/27/2017, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/13/17.7/14/17 ENTERED AND COPIES E-MAILED.(ti, ) Modified on 7/14/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 18 RESPONSE in Opposition re #9 First MOTION to Dismiss for Lack of Jurisdiction First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First MOTION to Change Venue First MOTION to Dismiss Complaint filed by THE PIAZZA FAMILY TRUST II. (Attachments: #1 Memorandum of Law, #2 Declaration of Richard D. Orlow, Esq., #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Text of Proposed Order, #10 Certificate of Service)(PARK, ANDREW) (Attachment 3 replaced on 7/11/2017) (ti, ). Modified on 7/11/2017 (ti, ). (DOCUMENT 18-3 MODIFIED/REDACTED PER CHAMBERS) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 17
ORDER THAT MOTION OF DOUGLAS A. DANIELS, ESQUIRE #16 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/29/17.6/30/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 16 First MOTION for Pro Hac Vice Daniels ( Filing fee $ 40 receipt number 0313-12161661.) filed by ANTHONY CIARROCCHI.Order, Motion, Declaration, Certificate of Service, Sponsor Statement.(LITTMAN, GREGORY) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 15
ORDER THAT THE STIPULATION IS DENIED AS STATED BUT, GIVEN NATIONAL COUNSEL'S RECENT APPEARANCE, WE GRANT LEAVE FOR PLAINTIFF TO RESPOND TO THE PENDING MOTION #9 UNTIL ON OR BEFORE 7/10/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/28/17. 6/28/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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Filing 14
ORDER THAT THE APPLICATION OF DOUGLAS A. DANIELS, ESQURIE, #12 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS DENIED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/28/17. 6/28/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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Filing 13
ORDER THAT THE MOTION OF TEJ R. PARANJPE, ESQUIRE #11 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/27/17.6/27/17 ENTERED AND ECF APPLICATION & COPIES MAILED, E-MAILED.(ti, ) Modified on 6/27/2017 (ti, ). [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 12 APPLICATION OF DOUGLAS A. DANIELS, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), together with Statement and Certificate of Service (FILING FEE PAID 6/27/2017) by ANTHONY CIARROCCHI. (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 11 First MOTION for Pro Hac Vice of Tej Paranjpe ( Filing fee $ 40 receipt number 0313-12156255.) filed by ANTHONY CIARROCCHI.Order, Motion, Declaration, Certificate of Service, Sponsor Statement.(LITTMAN, GREGORY) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 10
ORDER THAT THE APPLICATION OF TEJ R. PARANJPE, ESQUIRE, #8 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS DENIED WITHOUT PREJUDICE WITH ALLOWANCE TO FILE A NEW MOTION IN COMPLIANCE WITH THIS COURT'S POLICIES AND PROCEDURES (APRIL 2017). SIGNED BY HONORABLE MARK A. KEARNEY ON 6/19/17. 6/19/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 9 First MOTION to Dismiss for Lack of Jurisdiction , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , First MOTION to Change Venue , First MOTION to Dismiss filed by ANTHONY CIARROCCHI.Motion to Dismiss Complaint, Order, Memorandum of Law, Civil Suit Statement, Certificate of Service. (Attachments: #1 Text of Proposed Order Order, #2 Memorandum Meo/Brief of Law, #3 Declaration Civil Suit Statement)(LITTMAN, GREGORY) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 8 APPLICATION OF TEJ R. PARANJPE, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b),together with Statement and Certificate of Service (FILING FEE PAID 6/19/2017) by ANTHONY CIARROCCHI. (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 7 NOTICE of Appearance by GREGORY CREED LITTMAN on behalf of ANTHONY CIARROCCHI with Certificate of Service *CORRECT ATTORNEY TO RE-FILE WITH CORRECT PDF* (LITTMAN, GREGORY) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 6
ORDER THAT UPON CONSIDERATION OF THE PARTIES' ATTACHED STIPULATION FOR A SECOND EXTENSION OF TIME, IT IS ORDERED THAT THE ATTACHED STIPULATION IS APPROVED FOR ONE LAST EXTENSION AND DEFENDANT ANTHONY CIARROCCHI SHALL RESPOND TO THE COMPLAINT NO LATER THAN 6/19/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/13/17. 6/13/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 5 Letter dated 6/13/17 from Ulrike Hevener re: Rule 55 of the Federal Rules of Civil Procedure. (ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Letter to Attorney TEJ R. PARANJPE re: L.R. 83.5 and 83.5.2. (eibo, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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Filing 4
ORDER THAT UPON CONSIDERATION OF THE PARTIES' ATTACHED STIPULATION FOR AN EXTENSION FO TIME FOR DEFENDANT TO RESPOND TO THE PLAINTIFF'S COMPLAINT, IT IS ORDERED THAT THE STIPULATION IS APPROVED AND DEFENDANT ANTHONY CIARROCCHI SHALL RESPOND TO THE COMPLAINT NO LATER THAN 6/12/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/23/17. 5/23/17 ENTERED AND COPIES MAILED, E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]
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| Filing 3 SUMMONS Returned Executed by THE PIAZZA FAMILY TRUST II re: Albert Arriera, Florida Process Service, Inc. served Summons and Complaint upon ANTHONY CIARROCCHI by Personal. ANTHONY CIARROCCHI served on 4/21/2017, answer due 5/12/2017. (PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 2 NOTICE of Appearance by ANDREW PARK on behalf of THE PIAZZA FAMILY TRUST II with Certificate of Service (Attachments: #1 Certificate of Service)(PARK, ANDREW) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Filing 1 COMPLAINT against ANTHONY CIARROCCHI ( Filing fee $ 400 receipt number 158039.), filed by THE PIAZZA FAMILY TRUST II. (Attachments: #1 Case Management Track Form, #2 Civil Cover Sheet, #3 Designation Form, #4 Exhibit)(jwl, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
| Summons Issued as to ANTHONY CIARROCCHI. One Forwarded To: Counsel on 4/14/17 (jwl, ) [Transferred from Pennsylvania Eastern on 11/6/2017.] |
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