ORDER - ACCORDINGLY, this 12th day of Jan., 2011, it is ordered that plf.'s mtn. to amd. the complt. 91 is granted in part & denied in part. The Clerk of Court shall docket Exhibit E of Doc. 91 as plf.'s Second Amended Complt. However, plf.'s claim for punitive damages is dismissed. (See order for complete details.) Signed by Honorable William W. Caldwell on 1/12/11. (am) (Entered: 01/12/2011)
ORDER - AND NOW, this 29th day of Nov., 2010, upon con. of plf.'s mtn. to amd. its second mtn. for leave to amd. its complt. by w/drawing Ct. VII 94 , it is ORDERED that said mtn. is GRANTED. The crt. will consider plf.'s second mtn. for leave to amd. its complt. w/out reference to Ct. VII. Signed by Honorable William W. Caldwell on 11/29/10 (am) (Entered: 11/29/2010)
ORDER - ORDERED that the mtn. 95 is GRANTED. Defts. HH&P LLC & Triad Group, Inc. shall file a br. in opp. to plf.'s second mtn. to amd. its complt. on or before 12/1/10. 91 (See order for complete details) Signed by Honorable William W. Caldwell on 11/29/10. (am) (Entered: 11/29/2010)
Consent MOTION for Extension of Time to File Brief in Opposition to Second Motion to Amend the Complaint filed by HH&P, LLC, Triad Group, Inc.. (Attachments: # 1 Proposed Order)(Chwastyk, Devin) (Entered: 11/23/2010)
MOTION to Amend/Correct 91 Second MOTION to Amend/Correct Its Complaint by DM Transportation Management Services, Inc.. (Attachments: # 1 Proposed Order)(Evans, Albert) (Entered: 11/23/2010)
BRIEF IN SUPPORT re 91 Second MOTION to Amend/Correct Its Complaint filed by DM Transportation Management Services, Inc..(Evans, Albert) (Entered: 11/09/2010)
Second MOTION to Amend/Correct Its Complaint by DM Transportation Management Services, Inc.. (Attachments: # 1 Exhibit A - Asset Purchase Agreement - Sealed, # 2 Exhibit B - Bill of Sale and Assignment & Assumption Agreement - Seal, # 3 Exhibit C - Letter from AccuMed Counsel, # 4 Exhibit D - September 17, 2009 letter from HH&P Counsel - Seal, # 5 Exhibit E - Amended Complaint, # 6 Exhibit F - Amended Complaint - Marked up, # 7 Proposed Order)(Evans, Albert) (Entered: 11/09/2010)
ORDER - AND NOW, this 8th day of Nov., 2010, it is ordered that plf.'s unopp. mtn. to amd. the complt. 82 is granted. The Clerk of Crt. shall docket Exh. A of Doc. 82 as plf.'s amd. complt. (See order) Signed by Honorable William W. Caldwell on 11/8/10. (am) (Entered: 11/08/2010)
DEFAULT JUDGMENT in favor of DM Transportation Management Services, Inc. and against AccuMed, Inc. in the amount of $1,008,173.44.Signed by Deputy Clerk on 11/3/10. (pw, ) (Entered: 11/03/2010)
Proposed Order by DM Transportation Management Services, Inc.. 85 MOTION for Default Judgment as to AccuMed, Inc.. (Evans, Albert) (Entered: 10/27/2010)
BRIEF IN SUPPORT re 82 First MOTION to Amend/Correct Complaint filed by DM Transportation Management Services, Inc..(Evans, Albert) (Entered: 10/09/2010)
ORDER & PROTECTIVE ORDER - ORDERED that the mtn. is granted 79 . The crt. hereby adopts the parties' Protective Order in the form attached. (See order for complete details.) Signed by Honorable William W. Caldwell on 10/8/10. (am) (Entered: 10/08/2010)
Unopposed MOTION for Protective Order with Concurrence of Plaintiff by HH&P, LLC, Triad Group, Inc.. (Attachments: # 1 Proposed Stipulated Order)(Chwastyk, Devin) (Entered: 10/05/2010)
ORDER - STANDARD CASE MANAGEMENT TRACK: Fact Discovery due by 2/15/2011. P.T. Motions due by 3/14/2011. Mtn. for joinder due 11/15/10. Mtns. to amend pleadings due 11/15/10. The case shall be placed on the July, 2011 trial list, sched. order to follow. (See order for complete details.) Signed by Honorable William W. Caldwell on 8/9/10. (am) (Entered: 08/09/2010)
NOTICE of Hearing: Case Management Conference resched. from 7/30/10 @ 11:30 a.m. to 8/9/2010 @ 1:00 PM in chambers, 9th Flr., Fed. Bldg., 3rd & Walnut Sts., Harrisburg, PA before Honorable William W. Caldwell.(am) (Entered: 07/22/2010)
Letter from Albert J. Evans, Esquire requesting short adjournment of case management conference rescheduled to July 30, 2010. (Evans, Albert) (Entered: 07/22/2010)
SCHEDULING ORDER: AND NOW, this 20th day of July, 2010, scheduling conflicts require that the CMC in these cases be rescheduled from 8/4/10, to Friday, 7/30/10 @ 11:30 a.m. before Honorable William W. Caldwell.Signed by Honorable William W. Caldwell on 7/20/10. (am) (Entered: 07/20/2010)
ORDER TERMINATING CASE REFERRAL TO MAGISTRATE JUDGE - AND NOW, this 13th day of July, 2010, it is Ordered that the referrals of this case to Mag. Judges are cancelled. All further proceedings will be conducted by the undersigned. Signed by Honorable William W. Caldwell on 7/13/10. (am) (Entered: 07/13/2010)
SCHEDULING ORDER: Case Management Conference set for 8/4/2010 @ 11:30 AM in chambers, 9th Flr., Fed. Bldg., Harrisburg before Honorable William W. Caldwell. The conf. may be conducted by telephone by pursuing the procedure on the attached notice. Joint Case Mgmt. Plan must be filed @ least 5 days prior to the conf. (See order for complete details.) Signed by Honorable William W. Caldwell on 7/9/10. (am) (Entered: 07/09/2010)
ORDER; In light of the Stipulation of Dismissal (Doc. 66), IT IS ORDERED THAT our Order of July 6, 2010 (Doc. 68) is hereby VACATED. Signed by Magistrate Judge Thomas M. Blewitt on 7/8/10. (jb, ) (Entered: 07/08/2010)
ORDER REFERRING MOTION: The following Motions in this case are referred to Magistrate Judge William T. Prince for disposition: 5 MOTION to Dismiss filed by C&S Wholesale Grocers, Inc., 9 MOTION to Dismiss filed by Advantage Logistics, Inc., Cardinal Health, Wakefern Food Corp., Supervalu, Inc., SAJ Distributors, Inc., TSN, LLC, Duane Reade, Inc., Access Business Group, LLC, CVS Corporation, The Kroger Co., Costco Wholesale Corp., Walgreen Company, Save A Lot, Inc., Valu Merchandisers Co., Major Pharmaceuticals, Inc., Rite Aid Corporation, 26 MOTION to Dismiss filed by Future Pak Ltd., 50 MOTION to Dismiss Plaintiff's Complaint filed by Wal-Mart Stores, Inc. Signed by Magistrate Judge Thomas M. Blewitt on 7/6/2010. (admin, ) Modified on 7/8/2010 (jb, ). (VACATED SEE ORDER #69) (Entered: 07/06/2010)
STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(i) as to GPSI, Inc. ONLY by DM Transportation Management Services, Inc.. (Evans, Albert) (Entered: 05/11/2010)
STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(i) as to Bizerba Label Solutions ONLY by DM Transportation Management Services, Inc.. (Evans, Albert) (Entered: 05/11/2010)
NOTICE by C&S Wholesale Grocers, Inc. Notice of Appearance of Andrew J. Sveen, Esquire as co-counsel for Defendant C & S Wholesale Grocers, Inc. (Sullivan, Daniel) (Entered: 05/06/2010)
NOTICE by C&S Wholesale Grocers, Inc. Notice of Appearance of Scott A. Smith, Esquire as co-counsel for Defendant C & S Wholesale Grocers, Inc. (Sullivan, Daniel) (Entered: 05/06/2010)
BRIEF IN OPPOSITION re 50 MOTION to Dismiss Plaintiff's Complaint filed by DM Transportation Management Services, Inc..(Evans, Albert) (Entered: 05/03/2010)
AFFIDAVIT of Service for Complaint served on Defendants on various dates, filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Exhibit(s))(Evans, Albert) (Entered: 04/22/2010)
ORDER granting 53 deft Walmart's Motion for Leave to File a br. in supp. of its mot. to dismiss incorporating by ref. the Consignee defts' br. in supp. of their mot. to dismiss w/in time specified under LR 7.5.Signed by Magistrate Judge Malachy E. Mannion on 4/19/10 (bs, ) (Entered: 04/19/2010)
MOTION for Leave to File Brief in Support of its Motion to Dismiss That Incorporates By Reference by Wal-Mart Stores, Inc.. (Attachments: # 1 Proposed Order)(Shienvold, Adam) (Entered: 04/15/2010)
COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Teleconference before Judge Vanaskie on 4/13/2010. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 4/13/2010. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) (Entered: 04/13/2010)
SCHEDULING ORDER: Telephone Discovery Conference set for 4/13/2010 02:30 PM before Honorable Thomas I. Vanaskie. Counsel for plaintiff is responsible for arranging the call to (570) 207-5720 and all counselshall be ready to proceed before the undersigned is contacted.Signed by Honorable Thomas I. Vanaskie on 04/09/10. (ep, ) (Entered: 04/09/2010)
BRIEF IN OPPOSITION re 9 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
ANSWER TO STATEMENT OF FACTS re 9 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
BRIEF IN OPPOSITION re 26 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
ANSWER TO STATEMENT OF FACTS re 26 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
BRIEF IN OPPOSITION re 5 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
ANSWER TO STATEMENT OF FACTS re 5 MOTION to Dismiss filed by DM Transportation Management Services, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Evans, Albert) (Entered: 03/31/2010)
COUNTY COURT RECORD from Schuylkill County. (Attachments: # 1 County Docket Sheet, # 2 County Order re: Preliminary Objections, # 3 Notice of Filing Notice of Removal, # 4 Notice of Removal w Exhibits, # 5 Appearance of Counsel, # 6 Praecipe to Reinstate Complaint, # 7 Preliminary Objections, # 8 Doc 4, # 9 Praecipe to Dismiss Clinton Universal Warehouse, Inc. Only)(ep, ) (Entered: 03/26/2010)
BRIEF IN SUPPORT re 9 MOTION to Dismiss filed by Cardinal Health, Costco Wholesale Corp., CVS Corporation, Duane Reade, Inc., The Kroger Co., Major Pharmaceuticals, Inc., Rite Aid Corporation, SAJ Distributors, Inc., Save A Lot, Inc., Supervalu, Inc., TSN, LLC, Valu Merchandisers Co., Wakefern Food Corp., Walgreen Company, Access Business Group, LLC, Advantage Logistics, Inc..(Chwastyk, Devin) (Entered: 03/17/2010)
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Cardinal Health, Costco Wholesale Corp., CVS Corporation, Duane Reade, Inc., The Kroger Co., Major Pharmaceuticals, Inc., Rite Aid Corporation, SAJ Distributors, Inc., Save A Lot, Inc., Supervalu, Inc., TSN, LLC, Valu Merchandisers Co., Wakefern Food Corp., Walgreen Company, HH&P, LLC, Triad Group, Inc., Access Business Group, LLC, Advantage Logistics, Inc. Attorney Scott A. Smith is seeking special admission. Filing Fee: 50.00 Receipt Number: 111007510 (pjr) (Entered: 03/12/2010)
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Cardinal Health, Costco Wholesale Corp., CVS Corporation, Duane Reade, Inc., The Kroger Co., Major Pharmaceuticals, Inc., Rite Aid Corporation, SAJ Distributors, Inc., Save A Lot, Inc., Supervalu, Inc., TSN, LLC, Valu Merchandisers Co., Wakefern Food Corp., Walgreen Company, HH&P, LLC, Triad Group, Inc., Access Business Group, LLC, Advantage Logistics, Inc. Attorney Andrew J. Sveen is seeking special admission. Filing Fee: 50.00 Receipt Number: 111007510. (Attachments: # 1 Receipt) (pjr) (Entered: 03/12/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Costco Wholesale Corp. identifying Other Affiliate Davis Selected Advisors, LP for Costco Wholesale Corp.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by SAJ Distributors, Inc. identifying Corporate Parent Stephen L. LaFrance Holdings, Inc. for SAJ Distributors, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Rite Aid Corporation identifying Other Affiliate Rite Aid Hdqtrs Corp., Other Affiliate Jean Coutu Group Inc. for Rite Aid Corporation. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Save A Lot, Inc. identifying Corporate Parent Moran Foods, Inc., Other Affiliate Save-a-Lot Tyler Group, LTD. for Save A Lot, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Advantage Logistics, Inc. identifying Corporate Parent Supervalu, Inc. for Advantage Logistics, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Supervalu, Inc. identifying Other Affiliate AXA Financial, Inc. for Supervalu, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Major Pharmaceuticals, Inc. identifying Corporate Parent Generic Drug Holdings, Inc., Other Affiliate The Harvard Drug Group LLC for Major Pharmaceuticals, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by TSN, LLC identifying Corporate Parent Bunzl Distribution USA for TSN, LLC. (Chwastyk, Devin) (Entered: 03/03/2010)
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Duane Reade, Inc. identifying Corporate Parent Duane Reade Holdings, Inc. for Duane Reade, Inc.. (Chwastyk, Devin) (Entered: 03/03/2010)
NOTICE OF REMOVAL by HH&P, LLC, Triad Group, Inc. from Schuylkill County Court of Common Pleas, case number S-173-2010. (Filing fee $ 350 receipt number 1806800), filed by HH&P, LLC, Triad Group, Inc., Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit - Shuylkill County Complaint, # 2 Civil Cover Sheet)(ep, ) Modified on 2/25/2010 to correct moving parties(dc). (Entered: 02/24/2010)
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