Hershey Foods Corp. v. Steuben Foods, Incor

Federal Civil Lawsuit Pennsylvania Middle District Court, Case No. 1:00-cv-00481-JAS
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Parties
No Logo Hershey Foods Corporation, Plaintiff

Represented by McNees Wallace & Nurick, LLC

Name Phone Fax E-Mail
Space JAMES P. DEANGELO +1 717 232 8000 +1 717 237 5300 jdeangel@mwn.com
Space Debra P. Fourlas +1 717 237 5201 +1 717 237 5300 dfourlas@mwn.com
Space David E. Lehman +1 717 237 5285 +1 717 237 5300 dlehman@mwn.com
v.
No Logo Steuben Foods, Inc., Defendant
Officially listed as "Steuben Foods, Incorporated"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Susan E. Schwab +1 717 787 3002 +1 717 772 3691 sschwab@pahouse.net

Represented by Rhoads and Sinon LLP

Attributes
Office Harrisburg
Filed 3/14/2000
Jury Demand None
Demand $120000
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1441 Petition for Removal- Contract Default
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County Dauphin
Terminated 10/26/2000
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Cases 00-3751[], 320-S-2000[Dauphin Com Pleas]
Def Custody Status
Flags CLOSED, HBG
Timeline
  Entries (60) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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USCA Order-Terminates Appeal with OCR 55 Filed: 2/8/2002, Entered: 2/11/2002 USCA Order-Terminates Appeal
CERTIFIED COPY of Appellate Court Order: STIPULATION by the parties to dismiss pur. to FRAP 42(b). A true copy dtd. 2/4/02. [42-1] cc: Mag. Smyser. (am)
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Blank 54 Filed: 1/3/2002, Entered: 1/4/2002 ICMS - converted docket entry
NOTICE/STIPULATION OF DISMISSAL with prejudice by plaintiff and defendant. The parties shall bear their own costs and attorneys' fees. (jc)
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Blank 53 Filed: 12/14/2000, Entered: 12/14/2000 OrderCourt Filing
ORDER - by Mag. Judge J. A. Smyser: IT IS ORDERED that the PTC sched. for 12/21/00 & the trial sched. for 1/2/01 are cancelled. (cc: all counsel, court, Crtrm. Dep. & Crt. Rptr.) (am)
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Blank 52 Filed: 12/13/2000, Entered: 12/14/2000 Memorandum and OrderCourt Filing
MEMORANDUM AND ORDER: by Mag. Judge J. A. Smyser - IT IS ORDERED THAT the mtn of the pltf for reconsideration is DENIED. See order for details. [40-2] [41-1] (cc: all counsel court) (sc)
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Blank 51 Filed: 12/7/2000, Entered: 12/8/2000 Reply Brief
REPLY BRIEF/MEMO by plaintiff in support of motion for reconsideration of order [40-2] [41-1]; C/S. (pm)
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Blank 50 Filed: 11/30/2000, Entered: 12/1/2000 Brief in Opposition
BRIEF by defendant IN OPPOSITION to motion for reconsideration of order [40-2] [41-1]; reply brief due 12/13/00. C/S (pm)
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Blank 49 Filed: 11/24/2000, Entered: 11/24/2000 Acknowledgement Received
ACKNOWLEDGEMENT Received from USCA on 11/20/00 of one cert. copy of docket entries to be filed as a cert. list in lieu of 1st Suppl. Record consisting of doc. 47. (am)
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Blank 48 Filed: 11/20/2000, Entered: 11/21/2000 Acknowledgement Received
ACKNOWLEDGEMENT RECEIVED that the USCA rec'd One certified copy of the docket entries to be filed as the Certified List in Lieu of the Record on 11/16/00. (sc)
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Blank 47 Filed: 11/16/2000, Entered: 11/17/2000 Brief in Support
MEMORANDUM by plaintiff IN SUPPORT OF motion for reconsideration of order [40-2] [41-1]; C/S. (pm)
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Blank -- Filed: 11/16/2000, Entered: 11/17/2000 Supplemental ROA Transmitted to USCA
Transmitted 1st supplemental record on appeal to USCA Consisting of: Document 47. Forwarded one certified and uncertified copy of docket sheet. (pm)
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Blank -- Filed: 11/15/2000, Entered: 11/15/2000 Transmission of Notice of Appeal and Docket Sheet
CERTIFIED COPY of docket entries to be filed as the cert. list in lieu of the record. (jc)
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Blank 46 Filed: 11/14/2000, Entered: 11/15/2000 TPO (Transcript Purchase Order Request)Filed
TRANSCRIPT PURCHASE ORDER filed by Debra P. Fourlas, Esquire stating that a transcript is not necessary for purposes of appeal. (jc)
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Blank 45 Filed: 11/14/2000, Entered: 11/15/2000 USCA Order-Terminates Appeal
CERTIFIED COPY of Appellate Court Order: It appearing that a timely post-decision mtn of a type specified by Fed. R. App. P., is pending in the district court, IT IS ORDERED that the appeal is stayed pending disposition of the mtn. The parties are directed to file written reports addressing the status of the pending mtn on 12/11/00 and every 30 days thereafter until the mtn is determined. This stay does not apply to the obligation to pay filing and docketing fees. These obligations must be fulfilled w/in the time specified by the Fed. R. App. Procedure and Third Circuit Local Appellate Rules. A cert. true copy. Copy to M.J. Smyser. (jc)
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Blank 44 Filed: 11/14/2000, Entered: 11/15/2000 USCA Notice of Docketing (Case Number & Case Manag
NOTIFICATION by Circuit Court of Appellate Docket Number 00-3751. (jc)
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Blank 43 Filed: 11/14/2000, Entered: 11/15/2000 Acknowledgement Received
ACKNOWLEDGEMENT RECEIVED - from USCA of receipt on 11/8/00 of NOA. (jc)
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Blank -- Filed: 11/14/2000, Entered: 11/15/2000 Designation of Record on Appeal
DISTRICT COURT RECORD COMPLETE FOR PURPOSES OF APPEAL (jc)
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Blank 42 Filed: 11/6/2000, Entered: 11/7/2000 Notice of Appeal
NOTICE OF APPEAL by plaintiff from District Court memorandum and order filed 10/26/00 [40-2] (Filing fee paid, TPO handed to David E. Lehman, Esquire, certified copy of docket entries, notice of appeal, memorandum & order being appealed, with info/ack letter to USCA. (cc: Not/appl with info/ack letter to all counsel & Ct.) Receipt No. & Amt: 111 132568 $105.00 (jc)
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Blank 41 Filed: 11/6/2000, Entered: 11/7/2000 Motion for Reconsideration
MOTION by plaintiff Hershey Foods Corporation for reconsideration of order [40-2] ; with c/s and propo. (sc)
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Blank 40 Filed: 10/26/2000, Entered: 10/26/2000 Order Dismissing CaseCourt Filing
MEMORANDUM AND ORDER: by Mag. Judge J. A. Smyser: IT IS ORDERED for the foregoing reasons that the mtn. for judgment on the pleadings is granted. The Clerk shall close the file. [25-1] Case terminated (cc: all counsel, court, Crt. & Security) (am)
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Blank 39 Filed: 10/19/2000, Entered: 10/20/2000 OrderCourt Filing
ORDER by Mag. Judge J. A. Smyser that Order of 10/3/00 is amended by striking, at page one, line three, the word "summary"... See order for further details. (cc: all counsel court) (vg)
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Blank 38 Filed: 10/17/2000, Entered: 10/18/2000 Response
RESPONSE - by defendant Steuben Foods, Incorporated to plf.'s brief in opp. to deft.'s mtn. for jgm. on the pleadings. (c/s) (am)
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Blank 37 Filed: 10/3/2000, Entered: 10/4/2000 OrderCourt Filing
ORDER by Mag. Judge J. A. Smyser that motion of dft. for ext. of time in which to file reply br. in supp. of mtn. of dft. for judgment on the pleadings is GRANTED and reply br. shall be filed on or before 10/17/00. [25-1] IT IS ORDERED that motion to strike pltf's answer to deft's mtn for judgment on the pleadings is DENIED. [33-1] (cc: all counsel court) (vg)
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Blank 36 Filed: 9/21/2000, Entered: 9/22/2000 OrderCourt Filing
ORDER by Mag. Judge J. A. Smyser, AND NOW, this 21st day of September, 2000, it is hereby ORDERED that Steuben Foods, mtn for extension of time to file reply brief (doc32) is granted a general extension of time to file reply brief til further order of this ct. [32-1] (cc: all counsel court) (pm)
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Blank 35 Filed: 9/19/2000, Entered: 9/20/2000 Certificate
CERTIFICATE of NON-CONCURRENCE by defendant regarding mtn to strike pltf's answer to deft's mtn for judgment on the pleadings and br in opp to mtn for judgment on the pleadings, or, in the alternative, for notice of intent to convert and an enlargement of time for response. C/S. (pm)
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Blank 34 Filed: 9/19/2000, Entered: 9/20/2000 Brief in Support
BRIEF by defendant IN SUPPORT of motion to strike pltf's answer to deft's mtn for judgment on the pleadings and brief in opp to mtn for judgment on the pleadings, or, in the alternative, for notice of intent to convert and an enlargement of time for response. [33-1]; C/S. (pm)
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Blank 33 Filed: 9/19/2000, Entered: 9/20/2000 Motion to Strike
MOTION by defendant to strike pltf's answer to deft's mtn for judgment on the pleadings and brief in opp to mtn for judgment on the pleadings, or, in the alternative, for notice of intent to convert and an enlargement of time for response. ; C/S, Propo. (pm)
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Blank 32 Filed: 9/19/2000, Entered: 9/20/2000 Motion for Extension of Time
MOTION by defendant for an extension of time to file reply brief. ; C/S, Propo. (pm)
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Blank 31 Filed: 9/12/2000, Entered: 9/13/2000 Brief in Opposition
BRIEF by plaintiff Hershey Foods Corporation IN OPPOSITION to motion for judgment on the pleadings [25-1]; reply brief 9/25/00; C/S. (vg)
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Blank 30 Filed: 9/12/2000, Entered: 9/13/2000 Response
RESPONSE (captioned, "Answer") by plaintiff Hershey Foods Corporation to dft's mtn. for jgm. on the pleadings; C/S. (vg)
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Blank 29 Filed: 9/11/2000, Entered: 9/12/2000 Answer
ANSWER and AFFIRMATIVE DEFENSES by defendant to pltf's second amended complaint. C/S. (pm)
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Blank 28 Filed: 9/1/2000, Entered: 9/5/2000 Amended Complaint
AMENDED COMPLAINT [6-1]; with c/s. Answer due 9/14/00 for Steuben Foods, Inc. (sc)
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Blank 27 Filed: 8/25/2000, Entered: 8/28/2000 Brief in Support
BRIEF by defendant Steuben Foods, Incorporated IN SUPPORT of motion for judgment on the pleadings [25-1]; C/S. (vg)
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Blank 26 Filed: 8/25/2000, Entered: 8/28/2000 Certificate
CERTIFICATE of NON-CONCURRENCE by defendant Steuben Foods, Incorporated, C/S. (vg)
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Blank 25 Filed: 8/25/2000, Entered: 8/28/2000, Terminated: 10/3/2000 Motion for Judgment on the Pleadings
MOTION by defendant Steuben Foods, Incorporated for judgment on the pleadings ; C/S; Propo. (vg)
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Blank 24 Filed: 7/21/2000, Entered: 7/24/2000 Case Management Order - Standard TrackCourt Filing
CASE MANAGEMENT ORDER by Mag. Judge J. A. Smyser: discovery ddl. 10/15/00; final pretrial conference and settlement conference shall be held at 10:00 a.m. on 12/21/00; trial shall begin w/ jury selection by 9:30 a.m. on 1/2/01 Case placed on STANDARD Case Mgmt. Track. See order for further details. (cc: all counsel court, Ctrm. Dep., Ctrptr.) (vg)
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Blank 23 Filed: 7/21/2000, Entered: 7/24/2000 Case Management Conference Held
MINUTE SHEET from CMC held by M.J. Smyser 7/21/00; termed ddl. (vg)
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Blank 22 Filed: 7/14/2000, Entered: 7/17/2000 Case Management Form Returned
CASE MANAGEMENT FORM returned by counsel. (pc)
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Blank 21 Filed: 6/19/2000, Entered: 6/20/2000 Answer
ANSWER by defendant Steuben Foods, Incorporated; C/S. (vg)
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Blank 20 Filed: 6/7/2000, Entered: 6/8/2000 Memorandum and OrderCourt Filing
MEMORANDUM AND ORDER: by Mag Judge Smyser, IT IS ORDERED that mtn of deft to dismiss Count II of amended complaint and to transfer venue is DENIED. For more details see order. [7-1] (cc: all counsel court) (pm)
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Blank 19 Filed: 6/5/2000, Entered: 6/6/2000 Scheduling OrderCourt Filing
ORDER by Mag. Judge J. A. Smyser Case Management Conference set for 10:30 a.m. on 7/21/00. (cc: all counsel, Ct., & Ct. Dpty.) (jc)
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Blank 18 Filed: 5/30/2000, Entered: 5/31/2000 Consent to Proceed Before a US Magistrate JudgeCourt Filing
CONSENT by plaintiff and defendant TO PROCEED BEFORE [ Mag. Judge J. A. Smyser] (cc: all counsel, Ct. & M.J. Smyser) (jc)
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Blank 17 Filed: 5/26/2000, Entered: 5/30/2000 Terminate Deadlines and HearingsCourt Filing
ORDER by Judge Yvette Kane - IT IS HEREBY ORDERED THAT the Case Mgmt Conf. scheduled for 5/31/00 at 3:00pm is CANCELLED . (cc: all counsel, ctrm dpty, court) (sc)
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Blank 16 Filed: 5/12/2000, Entered: 5/15/2000 Scheduling OrderCourt Filing
SCHEDULING ORDER by Judge Yvette Kane Case Management Conference set for 3:00 p.m. on 5/31/00 (cc: all counsel, court) (jk)
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Blank 15 Filed: 4/25/2000, Entered: 4/26/2000 ResponseCourt Filing
RESPONSE by plaintiff Hershey Foods Corporation to the Show Cause Order issued by Judge Kane on 4/19/00; with cert. of conc., c/s, and propo. (sc)
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Blank 14 Filed: 4/24/2000, Entered: 4/25/2000 OrderCourt Filing
ORDER by Judge Yvette Kane, In light of ct's order dtd. 4/19/00, IT IS ORDERED THAT pltf's mtn for enlargement of time (doc 10) is denied as moot. [10-1] (cc: all counsel court) (pm)
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Blank 13 Filed: 4/19/2000, Entered: 4/20/2000 OrderCourt Filing
ORDER by Judge Yvette Kane, On 3/30/00, dft file mtn to dismiss ct II & to transfer venue w/ br in support. To date pltf has failed to file any opp to mtn. IT IS HEREBY ORDERED THAT no later than 4/26/00, pltf shall show cause why dft's mtn should not be granted as unopposed. (cc: all counsel court) (pm)
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Blank -- Filed: 4/19/2000, Entered: 4/20/2000 Order
Text not available.
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Blank 12 Filed: 4/18/2000, Entered: 4/19/2000 Response
RESPONSE captioned "Response" by plaintiff to dfts mtn to dismiss ct II of amended compl and to transfer venue. C/S, & Exh A,B. (pm)
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Blank 11 Filed: 4/18/2000, Entered: 4/19/2000 Brief in Opposition
BRIEF by plaintiff IN OPPOSITION to motion of dft to dismiss ct II of the amd compl. and to transfer venue. [7-1]; reply brief due 5/1/00. C/S. (pm)
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Blank 10 Filed: 4/18/2000, Entered: 4/19/2000 Motion for Extension of Time
MOTION by plaintiff to extend time to file ans and responsive brief to mtn of dft for partial dismissal and for transfer of venue. ; Certconc., C/S, Propo. (pm)
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Blank 9 Filed: 4/12/2000, Entered: 4/13/2000 OrderCourt Filing
ORDER by Judge Yvette Kane, AND NOW, this 11th day of April 2000, purs to LR 7.5 , dft's mtn to dismiss, for summary judgment, or, in the alternative, to transfer venue filed 3/20/00, (doc3) is deemed w/drawn for failure to timely file br in support of said mtn. [3-1] (cc: all counsel court) (pm)
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Blank 8 Filed: 3/30/2000, Entered: 3/31/2000 Brief in Support
BRIEF by defendant IN SUPPORT of motion to dismiss ct II of the amd compl. and to transfer venue. [7-1]; C/S. (pm)
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Blank 7 Filed: 3/30/2000, Entered: 3/31/2000 Motion to Dismiss
MOTION by defendant to dismiss ct II of the amd compl. and to transfer venue. ; C/S, Propo. (pm)
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Blank 6 Filed: 3/23/2000, Entered: 3/24/2000 Amended Complaint
AMENDED complaint [1-2] filed by pltf; with c/s. (sc)
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Blank 5 Filed: 3/22/2000, Entered: 3/23/2000 Letter
LETTER from court to cnsl. of record re: case assignment and procedure. (vg)
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Blank 4 Filed: 3/20/2000, Entered: 3/21/2000 Statement of Facts
STATEMENT OF MATERIAL FACTS purs to LR 56.1 by defendant in support of motion to dismiss, for summary judgment, or, in the alternative, to transfer venue. [3-1]; C/S. (pm)
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Blank 3 Filed: 3/20/2000, Entered: 3/21/2000 Motion to Dismiss
MOTION by defendant to dismiss, for summary judgment, or, in the alternative, to transfer venue. ; C/S, Propo. (pm)
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Blank 2 Filed: 3/16/2000, Entered: 3/16/2000 County Court Record
COUNTY COURT RECORD - from Dauphin Cty. Crt. of Common Pleas consisting of certified copy of docket sheet & complt. (am)
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Blank -- Filed: 3/15/2000, Entered: 3/15/2000 Remark
REMARK - Copy of civil cover sheet, Notice of removal and docket sheet to Judge Kane. Copy of docket to Jennifer. Case file to Hbg open shelf filing. (sc)
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Blank 1 Filed: 3/14/2000, Entered: 3/15/2000 Notice of Removal
PETITION FOR REMOVAL from Dauphin Cty Common Pleas Court, Case Number: 320-S-2000. N/C to cnsl. No jury trial demanded. Receipt #: 111 130821 Amt: $150.00 (sc)
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