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Researching Costume Jewelry History, Companies and Signatures -"V" - costumejewelrycollectors.comV & A Jewelry, Inc. - DTLAGlamJOYCE'S JEWELRY, INC. v. PNC BANK, NATIONAL ASSOCIATION
| Pennsylvania Western District Court | |
| Judge: | Lisa Pupo Lenihan |
| Case #: | 2:22-cv-01403 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1446 Notice of Removal-Property Damage (P.I.) |
| Case Filed: | Oct 06, 2022 |
| Terminated: | Jan 12, 2023 |
| Case in other court: | Fayette County, 22-01797 |
- Docket
- Parties (7)
| Last checked: Tuesday Apr 04, 2023 5:36 AM EDT |
Defendant PNC BANK, NATIONAL ASSOCIATION | Represented By Thomas F. Burke Jenny N. Perkins |
Defendant AARON BAYLEY | Represented By Thomas F. Burke Jenny N. Perkins |
Defendant ANDREW FREDERICK | Represented By Thomas F. Burke Jenny N. Perkins |
Defendant MELODY GRATCHIC | Represented By Thomas F. Burke Jenny N. Perkins |
Defendant CHRIS HALL | Represented By Thomas F. Burke Jenny N. Perkins |
Defendant JERROD MURTHA | Represented By Thomas F. Burke Jenny N. Perkins |
Plaintiff JOYCE'S JEWELRY, INC. | Represented By Howard J. Kaplan Carl A. Frankovitch |
Docket last updated: 02/22/2024 11:59 PM EST
| Thursday, January 12, 2023 | ||
| 37 | 37 1pgsorderOrder on Motion to Remand Order on Motion to Dismiss for Failure to State a Claim Thu 01/12 6:21 PM ORDER that the Motion to Remand (ECF No.19 ) is GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No.27 ) is DENIED AS MOOT without prejudice to refiling in state court. IT IS FURTHER ORDERED that that this case is REMANDED to the Court of Common Pleas of Fayette County FORTHWITH. The Clerk of Court is directed to mark this case CLOSED. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/12/2023. (jmb) Related: [-] | |
| 36 | 36 7pgsorderMemorandum Opinion Thu 01/12 1:16 PM MEMORANDUM OPINION granting19 motion to Remand and denying Motion to Dismiss27 as moot without prejudice to refiling in state court. An appropriate Order will follow. Signed by Magistrate Judge Lisa Pupo Lenihan on 1/12/2023. (vad) Related: [-] | |
| Friday, December 02, 2022 | ||
| orderOrder on Motion for Extension of Time to File Response/Reply Fri 12/02 9:26 AM ORDER granting32 Motion for Extension of Time to File Response/Reply re27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re12 Amended Complaint. The Court extends Plaintiffs deadline to respond to Defendants Partial Motion to Dismiss to two weeks after the Courts ruling on Plaintiffs Motion to Remand, ECF No. 19. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/2/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) Related: [-] | ||
| Thursday, December 01, 2022 | ||
| 33 | 33 noticeNotice of Appearance Thu 12/01 1:42 PM NOTICE of Appearance by Thomas F. Burke on behalf of AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Burke, Thomas) Related: [-] | |
| 32 | 32 motionExtension of Time to File Response/Reply Thu 12/01 1:32 PM MOTION for Extension of Time to File Response/Reply as to28 Brief in Support of Motion,27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re12 Amended Complaint, by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) Related: [-] | |
| Att: 1 Proposed Order | ||
| Tuesday, November 29, 2022 | ||
| 35 | 35 respmSur-Reply Brief Fri 01/06 3:18 PM Sur-Reply Brief re29 Reply Brief re19 Motion to Remand, filed by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (jv) Related: [-] | |
| orderOrder on Motion for Leave to File Tue 11/29 9:31 AM ORDER GRANTING the (ECF No.30 ) Defendants' Motion for Leave to File a Sur-Reply Brief. IT IS FURTHER ORDERED that the Clerk of Court file Defendants' Sur-Reply Brief, attached as Exhibit A to the Motion for Leave to File a Sur-Reply Brief, FORTHWITH. IT IS FURTHER ORDERED that the sur-reply is deemed filed as of November 29, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Monday, November 28, 2022 | ||
| 30 | 30 motionLeave to File Mon 11/28 9:37 AM MOTION for Leave to File a Sur Reply to Plaintiff's Motion to Remand by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| Att: 1 Exhibit A, | ||
| Att: 2 Proposed Order | ||
| Tuesday, November 22, 2022 | ||
| 29 | 29 respmReply Brief Tue 11/22 3:13 PM REPLY BRIEF re19 Motion to Remand,25 Brief in Opposition to Motion filed by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) Related: [-] | |
| Att: 1 Exhibit A | ||
| Wednesday, November 16, 2022 | ||
| 28 | 28 respmBrief / Memorandum of Law in Support of Motion Wed 11/16 5:33 PM BRIEF in Support re27 Motion to Dismiss for Failure to State a Claim, filed by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| 27 | 27 motionDismiss for Failure to State a Claim Wed 11/16 5:32 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re12 Amended Complaint, by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| Att: 1 Certificate of Defendants, | ||
| Att: 2 Proposed Order | ||
| Tuesday, November 15, 2022 | ||
| orderOrder ~Util - Set Deadlines Tue 11/15 4:56 PM ORDER that a Reply to25 Defendants' Opposition to Plaintiff's Motion to Remand shall be filed no later than November 22, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/15/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Monday, November 14, 2022 | ||
| 25 | 25 respmBrief / Memorandum of Law in Opposition to Motion Mon 11/14 5:24 PM BRIEF in Opposition re19 Motion to Remand filed by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| orderOrder on Motion to Extend Time Mon 11/14 11:35 AM ORDER that (ECF No.23 ) Defendants' Consent Motion for an Extension of Time to Respond to the First Amended Complaint is GRANTED. IT IS FURTHER ORDERED that Defendants shall respond to the Amended Complaint no later than November 16, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/14/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Friday, November 11, 2022 | ||
| 23 | 23 motionExtend Time Fri 11/11 4:09 PM Consent MOTION to Extend Time to Respond to the First Amended Complaint by AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA, PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| Att: 1 Proposed Order | ||
| 22 | 22 noticeNotice of Appearance Fri 11/11 3:59 PM NOTICE of Appearance by Jenny N. Perkins on behalf of AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA. (Perkins, Jenny) Related: [-] | |
| Tuesday, November 01, 2022 | ||
| orderOrder Response/Briefing Schedule Tue 11/01 5:00 PM ORDER that a Response to the19 Motion to Remand shall be filed no later than November 14, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/01/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Monday, October 31, 2022 | ||
| 20 | 20 miscProposed Order Mon 10/31 11:45 AM Proposed Order re19 Motion to Remand by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) Related: [-] | |
| miscQC - No Proposed Order Attached Mon 10/31 9:22 AM CLERK'S OFFICE QUALITY CONTROL MESSAGE re19 Motion to Remand. 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. (jv) Related: [-] | ||
| Friday, October 28, 2022 | ||
| 19 | 19 motionRemand Fri 10/28 6:07 PM MOTION to Remand by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) Related: [-] | |
| Att: 1 Exhibit 1 | ||
| 18 | 18 miscConsent to Trial by Mag. Judge OR District Judge Option Fri 10/28 1:18 PM CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| Thursday, October 27, 2022 | ||
| 17 | 17 serviceWaiver of Service Executed Thu 10/27 9:12 PM WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. JERROD MURTHA waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) Related: [-] | |
| 16 | 16 serviceWaiver of Service Executed Thu 10/27 9:11 PM WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. CHRIS HALL waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) Related: [-] | |
| 15 | 15 serviceWaiver of Service Executed Thu 10/27 9:11 PM WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. MELODY GRATCHIC waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) Related: [-] | |
| 14 | 14 serviceWaiver of Service Executed Thu 10/27 9:10 PM WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. ANDREW FREDERICK waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) Related: [-] | |
| 13 | 13 serviceWaiver of Service Executed Thu 10/27 9:08 PM WAIVER OF SERVICE Returned Executed by JOYCE'S JEWELRY, INC.. AARON BAYLEY waiver sent on 10/27/2022, answer due 12/27/2022. (Kaplan, Howard) Related: [-] | |
| Friday, October 21, 2022 | ||
| 12 | 12 38pgscmpAmended Complaint Fri 10/21 1:50 PM AMENDED COMPLAINT against PNC BANK, NATIONAL ASSOCIATION, AARON BAYLEY, ANDREW FREDERICK, MELODY GRATCHIC, CHRIS HALL, JERROD MURTHA PNC BANK, NATIONAL ASSOCIATION answer due 11/4/2022 (Kaplan, Howard) Modified on 10/21/2022 to terminate anser due date for all defendants except PNC, National Association (jv) Related: [-] | |
| Att: 1 Exhibit 1, | ||
| Att: 2 Exhibit 2 | ||
| orderOrder on Motion to Appear Pro Hac Vice Fri 10/21 8:54 AM ORDER GRANTING the7 Motion for Howard Kaplan to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| orderOrder on Motion for Leave to File Amended Complaint Fri 10/21 8:58 AM ORDER GRANTING the (ECF No.8 ) Plaintiff's Consent Motion for Leave to File Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall file the Amended Complaint no later than October 26, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/21/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Thursday, October 20, 2022 | ||
| 9 | 9 miscConsent to Trial by Mag. Judge OR District Judge Option Thu 10/20 7:06 PM CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JOYCE'S JEWELRY, INC.. (Frankovitch, Carl) Related: [-] | |
| 8 | 8 motionLeave to File Amended Complaint Thu 10/20 6:15 PM Consent MOTION for Leave to File Amended Complaint by JOYCE'S JEWELRY, INC.. (Frankovitch, Carl) Related: [-] | |
| Att: 1 Exhibit A, | ||
| Att: 2 Exhibit A.1, | ||
| Att: 3 Exhibit A.1, | ||
| Att: 4 Exhibit B | ||
| 7 | 7 motionAppear Pro Hac Vice (for Attorney filers only, Credit Card required) Thu 10/20 1:44 PM MOTION for attorney Howard Kaplan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7354085) by JOYCE'S JEWELRY, INC.. (Kaplan, Howard) Related: [-] | |
| Att: 1 Affidavit, | ||
| Att: 2 Exhibit A, | ||
| Att: 3 Proposed Order | ||
| Tuesday, October 11, 2022 | ||
| 5 | 5 motionExtend Time Tue 10/11 11:29 AM Unopposed MOTION to Extend Time to File a Rule 12(b)(6) Motion by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| miscQC - Proposed Order part of main document Tue 10/11 4:31 PM CLERK'S OFFICE QUALITY CONTROL MESSAGE re5 Motion to Extend Time. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jma) Related: [-] | ||
| orderOrder on Motion to Extend Time Tue 10/11 5:38 PM ORDER GRANTING (ECF No.5 ) Defendant PNC Bank, N.A.'s Unopposed Motion for an Extension of Time to File a Rule 12(B)(6) Motion. IT IS FURTHER ORDERED that Defendant PNC Bank, N.A. shall file its Rule 12(b)(6) motion no later than October 20, 2022. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) Related: [-] | ||
| Friday, October 07, 2022 | ||
| 4 | 4 1pgsorderOrder ~Util - Set Deadlines Fri 10/07 5:05 PM ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than October 28, 2022. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2022. (jmb) Related: [-] | |
| Att: 1 Exhibit Consent Form | ||
| 3 | 3 2pgsorderOrder Fri 10/07 4:55 PM ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2022. (jmb) Related: [-] | |
| 2 | 2 miscDisclosure Statement (LR 7.1.1) Fri 10/07 1:35 PM Disclosure Statement identifying PNC Bancorp and The PNC Financial Services Group as corporate parent or other affiliate, by PNC BANK, NATIONAL ASSOCIATION. (Perkins, Jenny) Related: [-] | |
| miscQC - Party did not file Disclosure Statement Fri 10/07 9:31 AM CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 10/14/2022. (ctb) Related: [-] | ||
| Thursday, October 06, 2022 | ||
| 1 | 1 cmpNotice of Removal (for Clerk of Court personnel only) Fri 10/07 9:29 AM NOTICE OF REMOVAL from Court of Common Pleas of Fayette County, case number 2022-01797. Copies attached: Docket Sheet, Verified Complaint (Filing fee, including Administrative fee, $402, receipt number APAWDC-7332684), filed by PNC BANK, NATIONAL ASSOCIATION. (ctb) Related: [-] | |
| Att: 1 3 pgs Civil Cover Sheet, | ||
| Att: 2 31 pgs Exhibit A, | ||
| Att: 3 Exhibit B, | ||
| Att: 4 Exhibit C | ||
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