Name: Pennsylvania State Employees Credit Union v. Fifth Third Bank et al :: Pennsylvania Middle District Court :: Federal Civil Lawsuit No. 1:04-cv-01554, Judge William W. Caldwell presiding
Creator: Pennsylvania Middle District Court
Published: 2004-07-16
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Pennsylvania Middle District Court

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121	Filed: 11/12/2009, Entered: None
	ORDER granting 120 Motion to Dismiss pur. to FRCP 41(a)(2) w/prejudice. Signed by Honorable William W. Caldwell on 11/12/09 (am, ) (Entered: 11/13/2009)
	Request

120	Filed: 11/12/2009, Entered: None	Motion to Dismiss
	MOTION to Dismiss Pursuant to Fed. R. Civ. P. 41(a)(2) by Pennsylvania State Employees Credit Union. (Attachments: # 1 Proposed Order)(Kaufman, Donald) (Entered: 11/12/2009)
	Request

119	Filed: 6/29/2009, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to Erica Gann Kitaev.Signed by Honorable William W. Caldwell on 6/29/09. (jc) (Entered: 06/29/2009)
	Request

118	Filed: 6/24/2009, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erica G. Kitaev on behalf of Fifth Third Bank Attorney Erica Kitaev is seeking special admission. Filing fee $ 25, receipt number 03140000000001608867., filed by on behalf of Fifth Third Bank.(Kitaev, Erica) (Entered: 06/24/2009)
	Request

117	Filed: 5/20/2009, Entered: None
	AMENDED CASE MANAGEMENT ORDER - AND NOW, this 20th day of May, 2009, the Case Mgmt. Order is amended: Fact disc. shall be completed by 9/30/09; Plf.'s expert reports served by 11/16/09; Deft.'s expert reports served by 1/8/10; Suppl. expert reports served by 2/5/10; Depos. of experts shall be completed by 3/1/10; P.T. mtns. due 4/1/10; trial sched. addressed in a subsequent order; and parties may individually or collectively move to modify the Case Mgmt. Order. (See order for complete details.) Signed by Honorable William W. Caldwell on 5/20/09. (am) Modified on 5/20/2009 (am, ). (Entered: 05/20/2009)
	Request

116	Filed: 5/19/2009, Entered: None
	Joint MOTION for Extension of Time to Complete Discovery and Amend Case Management Order by Fifth Third Bank. (Attachments: # 1 Proposed Order)(Swope, Andrew) (Entered: 05/19/2009)
	Request

115	Filed: 12/30/2008, Entered: None
	ORDER - AND NOW, this 30th day of Dec., 2008, upon con. of deft.'s mtn. for the crt. to act as sole trier of fact, it is ordered that said mtn. is denied. 108 Signed by Honorable William W. Caldwell on 12/30/08. (am, ) (Entered: 12/30/2008)
	Request

114	Filed: 11/18/2008, Entered: None
	REPLY BRIEF re 108 MOTION Trial Court to Act as Sole Trier of Fact on Issue of Third-Party Beneficiary Status filed by Fifth Third Bank. (Attachments: # 1 Appendix, # 2 Appendix)(Swope, Andrew) (Entered: 11/18/2008)
	Request

113	Filed: 11/3/2008, Entered: None
	BRIEF IN OPPOSITION re 108 MOTION Trial Court to Act as Sole Trier of Fact on Issue of Third-Party Beneficiary Status of Plaintiffs PSECU and Banknorth filed by Pennsylvania State Employees Credit Union. (Attachments: # 1 Exhibit(s), # 2 Proposed Order)(Chwastyk, Devin) (Entered: 11/03/2008)
	Request

112	Filed: 11/3/2008, Entered: None
	BRIEF IN OPPOSITION re 108 MOTION Trial Court to Act as Sole Trier of Fact on Issue of Third-Party Beneficiary Status filed by Sovereign Bank. (Attachments: # 1 Appendix 1, # 2 Proposed Order)(Wolfson, Joseph) (Entered: 11/03/2008)
	Request

111	Filed: 10/27/2008, Entered: None
	ORDER - CASE PLACED ON COMPLEX CASE MANAGEMENT TRACK. AND NOW, this 27th day of Oct., 2008, following a conf. w/counsel, it is hereby ORDERED that: 1. The above-capt. actions shall remain consolidated for p.t. disc. purposes only. This does not preclude any pty. in one the above-capt. actions from later seeking consolidation for trial w/one or both of the other above-capt. actions. 2. The CMC Order in these actions of 11/30/05, is hereby vacated. 3. All parties in CV-05-1801 (the "Banknorth Action") shall exchange initial disclosures pur. to Rule 26(a)(1)...no later than 20 days after the entry of this Order. 4. The above-capt. cases shall remain on the complex track. 5. Fifth Third Bank has indicated that it is filing a mtn. that req. that the trial court act as the sole trier of fact on the issue of plfs.' third-pty. beneficiary status, & that Fifth Third may choose thereafter to move for bifurcation, if appropriate. 6. Fact disc. shall be completed by 6/19/09. 7. Plfs.' expert rpts. shall be served by 7/31/09. 8. Deft.'s expert rpts. shall be served by 9/11/09. 9. Suppl. of expert rpts. shall be served by 10/9/09. 10. The depos. of expert witnesses shall be completed by 11/6/09. 11. All potentially dispositive p.t. mtns. shall be filed by 12/4/09. 12. The parties & counsel in all of the above-capt. actions shall have the right to participate in & have access to disc. related to the civil action. 13. Any pty. in any of the above-capt. actions that serves or receives any disc. req...shall make disc. materials available for inspection & copying to all counsel in the civil action...14. Trial sched. will be addressed in a subsequent order. 15. The parties may individually or collectively move to modify this CMC order. (See order for complete details.) Signed by Honorable William W. Caldwell on 10/27/08. (am, ) Modified on 10/27/2008 (am, ). (Entered: 10/27/2008)
	Request

110	Filed: 10/21/2008, Entered: None
	Joint MOTION for Discovery Schedule and Case Management Order by Pennsylvania State Employees Credit Union. (Attachments: # 1 Proposed Stipulated Order)(Chwastyk, Devin) (Entered: 10/21/2008)
	Request

109	Filed: 10/17/2008, Entered: None
	BRIEF IN SUPPORT re 108 MOTION Trial Court to Act as Sole Trier of Fact on Issue of Third-Party Beneficiary Status filed by Fifth Third Bank. (Attachments: # 1 Appendix 1, # 2 Appendix 2)(Swope, Andrew) (Entered: 10/17/2008)
	Request

108	Filed: 10/17/2008, Entered: None
	MOTION Trial Court to Act as Sole Trier of Fact on Issue of Third-Party Beneficiary Status by Fifth Third Bank. (Attachments: # 1 Proposed Order)(Swope, Andrew) (Entered: 10/17/2008)
	Request

107	Filed: 10/1/2008, Entered: None
	AMENDED ANSWER to 61 Amended Complaint by Fifth Third Bank. (Swope, Andrew) (Entered: 10/01/2008)
	Request

105	Filed: 9/11/2008, Entered: None
	SCHEDULING ORDER: AND NOW, this 11th day of Sept., 2008, a telephone conf. call w/counsel shall be held on Monday, 9/29/2008, @ 10:00 AM before Honorable William W. Caldwell...The purpose of the conf. is to determine whether the cases are ready for trial, whether further proceedings are desired and are appropriate, whether mediation or a settlement conf. will advance the conclusion of the cases, and such other matters as may arise... (See order for complete details.) Signed by Honorable William W. Caldwell on 9/11/08. (am, ) (Entered: 09/11/2008)
	Request

104	Filed: 9/11/2008, Entered: None
	MANDATE of USCA as to 100 Notice of Appeal, filed by Pennsylvania State Employees Credit Union (Attachments: # 1 Opinion)(White Banks, Desiree) (Entered: 09/11/2008)
	Request

103	Filed: 7/16/2008, Entered: None
	JUDGMENT of USCA (certified copy) as to 100 Notice of Appeal, filed by Pennsylvania State Employees Credit Union. Decision: D.C. Order entered 6/16/06 is Reversed and Remanded. D.C. Order entered 10/18/05 is Affirmed. (Graham, Chanel) (Entered: 07/16/2008)
	Request

102	Filed: 7/27/2006, Entered: None
	TRANSCRIPT PURCHASE ORDER by Donald B. Kaufman, Esquire stating that a transcript is not necessary for purposes of appeal. 100 (jc) (Entered: 07/28/2006)
	Request

101	Filed: 7/21/2006, Entered: None
	USCA Case Number 06-3405 for 100 Notice of Appeal, filed by Pennsylvania State Employees Credit Union,. USCA Case Manager Carmen M. Hernandez (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Hernandez, Carmen) (Entered: 07/21/2006)
	Request

100	Filed: 7/13/2006, Entered: None
	NOTICE OF APPEAL in NON-PRISONER Case by Pennsylvania State Employees Credit Union. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 823219. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Kaufman, Donald) (Entered: 07/13/2006)
	Request

99	Filed: 6/16/2006, Entered: None
	JUDGMENT - IT IS ORDERED AND ADJUDGED that SJ is entered in favor of deft., Fifth Third Bank & against the plf., PSECU on Ct. 1 of the complt. Entered & signed by dep. clerk ASM. 98 (am) (Entered: 06/16/2006)
	Request

98	Filed: 6/16/2006, Entered: None
	MEMORANDUM AND ORDER - AND NOW, this 16th day of June, 2006, it is ordered that: 1. The joint request 92 for oral argument is denied. 2. Deft. Fifth Third's mtn. for reconsideration 79 , treated as a mtn. for SJ, is granted. 3. Jgm. is hereby entered in favor of deft. Fifth Third & against plf. PSECU on Ct. I of the complt. 4. The Clerk of Crt. shall close this file. Signed by Judge William W. Caldwell on 6/16/06. (am) (Entered: 06/16/2006)
	Request

97	Filed: 4/26/2006, Entered: None
	DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) A Part 1# 2 Exhibit(s) A Part 2# 3 Exhibit(s) A Part 3# 4 Exhibit(s) B) (jc) (Entered: 04/27/2006)
	Request

96	Filed: 4/26/2006, Entered: None
	DOCUMENT SEALED pursuant to Court Order. (jc) (Entered: 04/27/2006)
	Request

95	Filed: 4/11/2006, Entered: None
	DOCUMENT SEALED pursuant to Court Order. DOCUMENT ACCOMPANIED BY DISK AND PLACED IN OSFR IN HBG. (jc) (Entered: 04/12/2006)
	Request

94	Filed: 4/11/2006, Entered: None
	DOCUMENT SEALED pursuant to Court Order (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B1# 3 Exhibit(s) B2# 4 Exhibit(s) C# 5 Exhibit(s) D# 6 Exhibit(s) E# 7 Exhibit(s) F# 8 Exhibit(s) G# 9 Exhibit(s) H# 10 Exhibit(s) I) (jc) (Entered: 04/12/2006)
	Request

93	Filed: 4/11/2006, Entered: None
	DOCUMENT SEALED pursuant to Court Order (jc) (Entered: 04/12/2006)
	Request

92	Filed: 4/12/2006, Entered: None
	REQUEST for Oral Argument by Pennsylvania State Employees Credit Union, Fifth Third Bank. (Swope, Andrew) 98 (Entered: 04/12/2006)
	Request

91	Filed: 4/10/2006, Entered: None
	ORDER - AND NOW, this 10th day of April, 2006, upon consideration of the mtn. of deft. 5th 3rd Bank for leave to exceed the pg. & word limits of Local Rule 7.8(the "Motion"), it is hereby ORDERED that: 1. The mtn. is GRANTED. 90 2. 5th 3rd, PA St. Employees Credit Union & Sovereign Bank shall each be permitted to file brs. of not more than 11,000 words in response to the crt.'s order of 1/25/06. 88 Signed by Judge William W. Caldwell on 4/10/06. (am) (Entered: 04/10/2006)
	Request

90	Filed: 4/6/2006, Entered: None
	MOTION to Exceed Page Limitation by Fifth Third Bank.(Swope, Andrew) (Entered: 04/06/2006)
	Request

89	Filed: 3/3/2006, Entered: None
	CERTIFICATE OF SERVICE by Fifth Third Bank re Subpoenas (Swope, Andrew) (Entered: 03/03/2006)
	Request

88	Filed: 1/25/2006, Entered: None
	MEMORANDUM AND ORDER - AND NOW, this 25th day of Jan., 2005, in connection w/deft., Fifth Third Bank's mtn. 79 for reconsideration, it is ordered that: 1. The parties shall have 60 days from the dt. of this order to conduct disc. on the "purpose" or "intent to benefit" issue related to the 3rd-pty.-beneficiary claim. 2. Thereafter, Fifth Third shall have 15 days to file a br. suppl. its 3rd-pty.-beneficiary arguments in light of the disc., and PSECU shall have 15 days after Fifth Third has files its br. to file a responsive brief. 3. The Operating Regulations shall also be made part of the record, and the parties' brs. shall address the relevanct of the regulations, including any particular regulation that might bear especially on the 3rd-pty.-beneficiary issues. Signed by Judge William W. Caldwell on 1/25/06. (am) (Entered: 01/25/2006)
	Request

87	Filed: 12/19/2005, Entered: None
	REQUEST for Oral Argument on Motion to Reconsider by Fifth Third Bank. (Swope, Andrew) (Entered: 12/19/2005)
	Request

86	Filed: 12/19/2005, Entered: None
	REPLY BRIEF re 79 MOTION for Reconsideration re 77 Order on Motion for Reconsideration,,, Order on Motion to Dismiss,,,,, filed by Fifth Third Bank. (Attachments: # 1 Appendix Unreported Cases)(Swope, Andrew) (Entered: 12/19/2005)
	Request

85	Filed: 12/5/2005, Entered: None
	BRIEF IN OPPOSITION re 79 MOTION for Reconsideration re 77 Order on Motion for Reconsideration,,, Order on Motion to Dismiss,,,,, filed by Pennsylvania State Employees Credit Union.(Kaufman, Donald) (Entered: 12/05/2005)
	Request

84	Filed: 11/30/2005, Entered: None
	ORDER - CASE PLACED ON COMPLEX CASE MANAGEMENT TRACK: AND NOW, this 30th day of Nov., 2005, following a conf. w/counsel, it is Ordered that: 1. The above-capt. actions are consolidated for p.t. discovery purposes only. 2. The Case Mgmt. Order in CV-04-1554 (the "PSECU Action") & CV-05-1150 (the "Sovereign Action") of 7/8/05, is hereby vacated. 3. In the event the crt. denies, in whole or in part, the mtn. for recono. filed by deft. Fifth Third Bank in the Sovereign Action & the mtns. to dismiss the Amd. Complt. in the Sovereign Action to be filed by deft. Fifth Third Bank & BJ's Wholesale Club, Inc., then (i) the remaining deft(s) shall answer the Sovereign Amd. Complt. w/in 20 days after the entry of the later of such Order(s); (ii) any 3rd-pty. complt. to be filed by defts. Fifth Third or BJ's in the Sovereign Action shall be filed no later than 30 days after the entry of the later of such Order(s); and (iii) all parties in the Sovereign Action shall exchange initial disclosures pur. to Rule 26(a)(1), if not previously exchanged, no later than 40 days after the entry of the later of such Order(s). 4. Any 3rd-pty. complt. to be filed by deft. Fifth Third in CV-05-1801 (the "Banknorth Action") shall be filed no later than 30 days after the entry of an Order addressing the mtn. for SJ to be filed by deft. BJ's in the Banknorth Action. 5. All remaining defts. shall exchange initial disclosures in the "Banknorth Action" pur. to Rule 26(a)(1), if not previously exchanged, no later than 40 days after the crt. enters an Order w/respect to the mtn. for SJ to be filed by deft. BJ's in the Banknorth Action. 6. The above-capt. cases shall be placed on the complex track. 7. Fact disc. shall be completed by 11/10/06. 8. All potentially dispositive p.t. mtns., other than w/respect to issues raised by expert disc., shall be filed by 1/17/07. 9. Affirm. expert rpts. shall be served by 12/18/06. 10. Responsive expert rpts. shall be served by 1/19/07. 11. Suppl. of expert rpts. shall be served by 4/6/07. 12. The depos. of experts witnesses shall be completed by 3/23/07. 13. Trial of the PSECU action shall occur in May 2007, sched. order to follow. 14. Trials of the Sovereign Action & the Banknorth Action are anticipated in June 2007, sched. order to follow...15. The parties & counsel in either of the above-capt. actions shall have the right to participate in & have access to disc. related to the civil actions. 16. Any pty. in any of the above-capt. actions that serves or receives any disc. requests...shall, at the same time, make such disc. materials available for inspection & copying to all counsel in the civil actions. (See order for more details.) Signed by Judge William W. Caldwell on 11/30/05. (am) (VACATED PUR. TO CRT. ORDER DTD. 10/27/08) (Entered: 12/01/2005)
	Request

83	Filed: 11/30/2005, Entered: None
	PROTECTIVE ORDER - AND NOW, this 30th day of Nov., 2005, it is hereby ORDERED & DECREED by the Court, on the Joint Motion of all of the parties to the above-captioned actions (the "parties"), as follows: in re: Confidential Documents. (See order for more details.) Signed by Judge William W. Caldwell on 11/30/05. (am) (Entered: 11/30/2005)
	Request

82	Filed: 11/29/2005, Entered: None
	ORDER - AND NOW, this 29th day of Nov., 2005, upon consideration of plf.'s mtn. for ext. of time 81 , it is Ordered that the mtn. is granted. PSECU shall file its br. in response to deft. Fifth Third Bank's Mtn. for Reconsideration on or before 12/5/05. Signed by Judge William W. Caldwell on 11/29/05. (am) (Entered: 11/29/2005)
	Request

81	Filed: 11/23/2005, Entered: None
	Unopposed MOTION for Extension of Time to To File Brief In Response To Fifth Third Bank's Motion For Reconsideration by Pennsylvania State Employees Credit Union. (Attachments: # 1 Proposed Stipulated Order)(Chwastyk, Devin) (Entered: 11/23/2005)
	Request

80	Filed: 11/14/2005, Entered: None
	BRIEF IN SUPPORT re 79 MOTION for Reconsideration re 77 Order on Motion for Reconsideration,,, Order on Motion to Dismiss,,,,, filed by Fifth Third Bank. (Attachments: # 1 Exhibit(s) A)(Swope, Andrew) (Entered: 11/14/2005)
	Request

79	Filed: 11/1/2005, Entered: None
	MOTION for Reconsideration re 77 Order on Motion for Reconsideration,,, Order on Motion to Dismiss,,,,, by Fifth Third Bank.(Swope, Andrew) 98 (Entered: 11/01/2005)
	Request

78	Filed: 11/1/2005, Entered: None
	ANSWER to Amended Complaint by Fifth Third Bank.(Swope, Andrew) (Entered: 11/01/2005)
	Request

77	Filed: 10/18/2005, Entered: None
	MEMORANDUM AND ORDER - AND NOW, this 18th day of Oct., 2005, it is ordered that: 1. The mtn. 68 of deft. BJ's to dismiss the complt. against it is granted & BJ's is hereby dism'd from this action. 2. The mtn. 66 of deft. Fifth Third Bank to dismiss the complt. against it is granted only as to cts. III, VI & VIII & the mtn. is denied as to ct. I, the contract claim. 3. Deft.'s BJ's third-pty. complt. 21 against International Business Machines Corporation (IBM) is hereby dism'd. 4. Third-pty. deft. IBM's mtn. for reconsideration 51 is dism'd as moot. Signed by Judge William W. Caldwell on 10/18/05. (am) (Entered: 10/18/2005)
	Request

76	Filed: 9/2/2005, Entered: None
	REPLY BRIEF re 68 MOTION to Dismiss filed by BJ's Wholesale Club, Inc.. (Attachments: # 1 Appendix 1of 4# 2 Appendix 2 of 4# 3 Appendix 3 of 4# 4 Appendix 4 of 4)(Kremnick, Richard) (Entered: 09/02/2005)
	Request

75	Filed: 9/2/2005, Entered: None
	REPLY BRIEF re 66 MOTION to Dismiss Counts I, III, VI and VIII of Plaintiff's Amended Complaint filed by Fifth Third Bank. (Attachments: # 1 Appendix A)(Swope, Andrew) (Entered: 09/02/2005)
	Request

74	Filed: 8/19/2005, Entered: None
	BRIEF IN OPPOSITION re 66 MOTION to Dismiss Counts I, III, VI and VIII of Plaintiff's Amended Complaint of Fifth Third Bank filed by Pennsylvania State Employees Credit Union. Reply Brief due by 9/2/2005. (Attachments: # 1 Exhibit(s) Cases Cited In Brief In Opposition To Fifth Third Motion To Dismiss)(Chwastyk, Devin) (Entered: 08/19/2005)
	Request

73	Filed: 8/19/2005, Entered: None
	BRIEF IN OPPOSITION re 68 MOTION to Dismiss of BJ's Wholesale Club filed by Pennsylvania State Employees Credit Union. Reply Brief due by 9/2/2005. (Attachments: # 1 Exhibit(s) Cases Cited In Brief In Opposition To BJ's Motion To Dismiss)(Chwastyk, Devin) (Entered: 08/19/2005)
	Request

72	Filed: 8/17/2005, Entered: None
	NOTICE of Change of Address by Andrew L. Swope (Swope, Andrew) (Entered: 08/17/2005)
	Request

71	Filed: 8/2/2005, Entered: None
	BRIEF IN SUPPORT re 68 MOTION to Dismiss filed by BJ's Wholesale Club, Inc.. Brief in Opposition due by 8/22/2005 (Lewis, Christopher) (Entered: 08/02/2005)
	Request

70	Filed: 8/2/2005, Entered: None
	BRIEF IN SUPPORT re 66 MOTION to Dismiss Counts I, III, VI and VIII of Plaintiff's Amended Complaint filed by Fifth Third Bank. Brief in Opposition due by 8/22/2005 (Attachments: # 1 Appendix A# 2 Appendix B)(Swope, Andrew) (Entered: 08/02/2005)
	Request

69	Filed: 8/1/2005, Entered: None
	EXHIBITS to Dismiss by BJ's Wholesale Club, Inc.. (Attachments: # 1 Exhibit(s) Kremnick Declaration Part 1# 2 Exhibit(s) Kremnick Declaration Part 2# 3 Exhibit(s) Kremnick Declaration Part 3# 4 Exhibit(s) Kremnick Declaration Part 4)(Lewis, Christopher) (Entered: 08/01/2005)
	Request

68	Filed: 8/1/2005, Entered: None	Motion to Dismiss
	MOTION to Dismiss by BJ's Wholesale Club, Inc.. (Attachments: # 1 Exhibit(s) Unpublished Authorities 1# 2 Exhibit(s) Unpublished Authorities 2# 3 Exhibit(s) Unpublished Authorities 3# 4 Exhibit(s) Unpublished Authorities 4)(Lewis, Christopher) (Entered: 08/01/2005)
	Request

66	Filed: 8/1/2005, Entered: None	Motion to Dismiss
	MOTION to Dismiss Counts I, III, VI and VIII of Plaintiff's Amended Complaint by Fifth Third Bank.(Swope, Andrew) (Entered: 08/01/2005)
	Request

65	Filed: 7/15/2005, Entered: None
	PROTECTIVE ORDER - AND NOW, this 15th day of July, 2005, it is hereby ORDERED and DECREED by the Court, on the Joint Motion of all of the parties, as follows: (In re: "Confidential")...Docs., material or information produced prior to the dt. of this order in CV-04-1554 (the "PSECU Action") shall be governed by the Protective Order entered in the PSECU Action on 1/7/05...(See order for more details).Signed by Judge William W. Caldwell on 7/15/05. (am) (Entered: 07/18/2005)
	Request

64	Filed: 7/11/2005, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to Gordon Pearson, Esq. on behalf of BJ's Wholesale Club, Inc. Signed by Judge William W. Caldwell on 7/11/05. (pw, ) (Entered: 07/11/2005)
	Request

63	Filed: 7/11/2005, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to Mark L. Rhoades, Esq. on behalf of BJ's Wholesale Club.Signed by Judge William W. Caldwell on 7/11/05. (pw, ) (Entered: 07/11/2005)
	Request

62	Filed: 7/8/2005, Entered: None
	ORDER - CASE PLACED ON COMPLEX CASE MANAGEMENT TRACK. AND NOW, this 8th day of July, 2005, following a conference w/counsel, it is Ordered that: 1. The above-captioned actions are consolidated for pretrial disc. purposes only. 2. The sched. order in No. 1:CV-04-1554 (the "PSECU Action") of 1/7/05, is hereby vacated. 3. Plf. PSECU is granted leave to file an amended complt. in the PSECU Action to assert claims of equitable restitution and/or subrogation against defts. BJ's Wholesale Club, Inc. & Fifth Third Bank (defts.). PSECU's Amend Complt. shall be filed on or beefore 7/8/05. Defts. may move to dismiss any or all counts of the Amend. Complt. in accord. w/FRCP 12. Third-Pty. deft. Internat'l Business Machines, Inc. reserves the right to seek leave of crt. to file a brief respecting such mtn. and deft. reserve the right to oppose any such mtn. by IBM. 4. In the event that PSECU elects not to file an amend. complt., defts. are granted leave to file mtns. for jgm. on the pleadings in the PSECU Action, together w/sup. briefs, on or before 7/15/05. Plf. PSECU shall file its responses to the mtns. for jgm. on the pleadings & the defts. shall file replies to such responses in accord. w/LR 7.6 & LR 7.7. In the event the mtns. for jgm. on the pleadings raise any issue concerning the crt.'s ruling on IBM's mtn. to dismiss, entered 5/3/05, or otherwise raise an issue potentially affecting IBM, then IBM shall be permitted to file its own brief at the same time as defts.' replies are due. 5. The crt. will defer ruling on the currently pending mtn. to dismiss Sovereign's complt. filed by BJ's & Fifth Third Bank until the parties have filed & completely briefed either the mtn. to dismiss (if PSECU files the Amend. Complt. authorized by para. 3) or the mtn. for jgm. on the pleadings referenced in para. 4 (if PSECU does not file an Amend. Complt.) 6. In the event the crt. denies, in whole or part, one or both of the pending mtns. to dismiss in 1:CV-05-1150 (the Sovereign Action), then (i) the remaining deft(s) shall answer the Sovereign Complt. w/in 20 days after the entry of such Order; and (ii) all parties shall exchange initial disclosures pur. to Rule 26(a)(1), if not previously exchanged, no later than 40 days after the entry of such Order. 7. If IBM's mtn. for reconsideration is denied, IBM shall answer the Third Pty. Complt. in the PSECU Action w/in 20 days after the entry of the order denying the mtn. 8. The above-captioned cases shall be placed on the complex track. 9. Fact discovery shall not commence in the above-captioned actions until the mtns. to dismiss the complts. have been ruled upon. 10 Fact disc. in the above-captioned actions shall be completed by 7/7/06. 11. All pt mtns. shall be filed by 8/21/06. 12. Affirmative expert reports shall be served by 8/14/06. 13. Responsive expert reports shall be served by 9/29/06. 14. Suppl. of expert reports shall be served by 10/30/06. 15. The depos. of expert witnesses shall be completed by 12/7/06. 16. Trial of the PSECU Action shall occur in Jan. 2007, sched. order to follow. 18. The parties and counsel in either of the above-captioned actions shall have the right to participate in and have access to disc. related to both civil actions. 19. Any party in either of the above-captioned actions that serves or receive any disc. requests, written objs. and/or responses thereto, materials produced in response to disc. requests and/or subpoenas to third parties, privilege logs, depo. notices & responses thereto, transcripts or depos. & exhs. marked thereto, or who otherwise makes available for inspection and/or copying any docs. in response to disc. requests, and any correspondence, orders, or other docs. supplementing or otherwise modifying any such disc. requests or responses ("Disc. Materials"), shall, at the same time, make such Disc. Materials available for inspection and copying to all counsel in both civil actions. Signed by Judge William W. Caldwell on 7/8/05. (am) (Entered: 07/08/2005)
	Request

61	Filed: 7/8/2005, Entered: None
	AMENDED COMPLAINT against Fifth Third Bank, BJ's Wholesale Club, Inc., filed by Pennsylvania State Employees Credit Union.(Chwastyk, Devin) (Entered: 07/08/2005)
	Request

60	Filed: 7/7/2005, Entered: None
	SUR REPLY - filed by deft./3rd-pty. plf. BJ's Wholesale Club, Inc. in further opposition to IBM's mtn. for reconsideration of the crt.'s ruling granting in part IBM's mtn. to dismiss BJ's third-party complt. 51 (am) (Entered: 07/08/2005)
	Request

58	Filed: 7/7/2005, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Gordon Pearson, Esquire on behalf of BJ's Wholesale Club, Inc.( Filing fee $25, Receipt Number 111143665) (ctm) (Entered: 07/08/2005)
	Request

57	Filed: 7/7/2005, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mark L. Rhoades, Esquire on behalf of BJ's Wholesale Club, Inc. ( Filing fee $25, Receipt Number 111143665) (ctm) (Entered: 07/08/2005)
	Request

56	Filed: 7/7/2005, Entered: None
	ORDER - AND NOW, this 7th day of July, 2005, upon consideration of the arguments raised in BJ's Wholesale Club, Inc.'s mtn. for leave to file a sur-reply brief in further opp. to IBM's mtn. for reconsideration of the crt.'s ruling granting part IBM's mtn. to dismiss 3rd-pty. complt. 55 , the crt. orders that the mtn. is GRANTED. The Clerk is directed to docket Exhibit A to BJ's instant mtn. No further briefing will be allowed. Signed by Judge William W. Caldwell on 7/7/05. (am) (Entered: 07/07/2005)
	Request

55	Filed: 7/5/2005, Entered: None
	MOTION for Leave to File Sur-Reply in Further Opposition to IBM's Motion for Reconsideration of the Court's Ruling Granting in Part IBM's Motion to Dismiss the Third-Party Complaint by BJ's Wholesale Club, Inc.. (Attachments: # 1 Exhibit(s) Exhibit A - Proposed Sur-Reply# 2 Proposed Order)(Kremnick, Richard) (Entered: 07/05/2005)
	Request

54	Filed: 6/29/2005, Entered: None
	SCHEDULING ORDER: AND NOW, this 29th day of June, 2005, a Case Management Conference will be held w/counsel on 7/7/2005, at 11:00 AM in chambers, 9th Flr., Fed. Bldg., 228 Walnut St., Hbg., PA before Honorable William W. Caldwell.Signed by Judge William W. Caldwell on 6/29/05. (am) (Entered: 06/29/2005)
	Request

53	Filed: 6/15/2005, Entered: None
	REPLY BRIEF re 51 MOTION for Reconsideration and Memorandum of the Court's Ruling Granting In Part IBM's Motion To Dismis BJ's Third-Party Complaint filed by International Business Machines Corporation, Inc.. (Feltoon, Robert) (Entered: 06/15/2005)
	Request

52	Filed: 6/1/2005, Entered: None
	BRIEF IN OPPOSITION re 51 MOTION for Reconsideration and Memorandum of the Court's Ruling Granting In Part IBM's Motion To Dismis BJ's Third-Party Complaint filed by BJ's Wholesale Club, Inc.. Reply Brief due by 6/15/2005. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Exhibit(s) # 4 Exhibit(s) # 5 Proposed Order)(Kremnick, Richard) (Entered: 06/01/2005)
	Request

51	Filed: 5/17/2005, Entered: None
	MOTION for Reconsideration and Memorandum of the Court's Ruling Granting In Part IBM's Motion To Dismis BJ's Third-Party Complaint by International Business Machines Corporation, Inc.. (Attachments: # 1 Proposed Order # 2 Appendix Unreported Cases)(Feltoon, Robert) (Entered: 05/17/2005)
	Request

50	Filed: 5/9/2005, Entered: None
	Letter from Andrew Swope dated 5/5/05 re: Copy of Opinion and Order entered by the Eastern District Court (ts, ) (Entered: 05/09/2005)
	Request

49	Filed: 5/3/2005, Entered: None
	MEMORANDUM AND ORDER - AND NOW, this 3rd day of May, 2005, it is ordered that: 1. The mtn. 35 of 3rd-pty. deft., IBM, to dismiss the complt. of 3rd-pty. plf., BJ's, against it is granted as follows. 2. The following claims are dism'd: (a) the claims in Ct. I for indemnity or contribution based on theft of funds or injury to data on credit and debit cards; (b) count VIII, the claim under Chapter 93A of the Massachusetts Unfair Trade Practices law; (c) count IX, the claim under the New York Consumer Protection from Deceptive Acts and Practices law; and (d) count X, the claim for relief under the Declaratory Judgment Act. 3. In all other respects, the mtn. is denied. Signed by Judge William W. Caldwell on 5/3/05. (am) (Entered: 05/03/2005)
	Request

48	Filed: 2/18/2005, Entered: None
	REPLY BRIEF re 35 Third Party MOTION to Dismiss Third-Party Complaint of Defendant BJ's Wholesale Club, Inc. filed by International Business Machines Corporation, Inc.. (Attachments: # 1 Appendix Unreported Opinions Cited In Reply Brief In Support Of Motion To Dismiss Third-Party Complaint)(Feltoon, Robert) (Entered: 02/18/2005)
	Request

47	Filed: 1/24/2005, Entered: None
	BRIEF IN OPPOSITION re 35 Third Party MOTION to Dismiss Third-Party Complaint filed by BJ's Wholesale Club, Inc.. Reply Brief due by 2/7/2005. (Attachments: # 1 Exhibit(s) Declaration of Christopher A. Lewis# 2 Proposed Order)(Kremnick, Richard) (Entered: 01/24/2005)
	Request

46	Filed: 1/7/2005, Entered: None
	PROTECTIVE ORDERSigned by Judge William W. Caldwell on 01/07/05. (ma, ) (Entered: 01/07/2005)
	Request

45	Filed: 1/7/2005, Entered: None
	ORDER - CASE PLACED ON COMPLEX CASE MANAGEMENT TRACK.This case placed on the 01/2006 trial list; Discovery due by 8/12/2005. Pre-trial Mtns due by 11/7/2005. A scheduling order will follow. Signed by Judge William W. Caldwell on 01/07/05. (ma, ) (Entered: 01/07/2005)
	Request

43	Filed: 1/3/2005, Entered: None
	SCHEDULING ORDER Due to an unavoidable conflict, the CMC in this case is continued from Wednesay, 1/5/05, to Friday, 1/7/05, at 10:30 a.m. Should this change conflict with counsel's existing schedule, the conference can be scheduled at the indicated hour on Monday or Tuesday, January 10 or 11, 2005. Signed by Judge William W. Caldwell on 1/3/05. (jc) (Entered: 01/03/2005)
	Request

42	Filed: 12/30/2004, Entered: None
	CASE MANAGEMENT PLAN (JOINT) by Pennsylvania State Employees Credit Union. (Attachments: # 1 Proposed Order BJ's Proposed Protective Order)(Chwastyk, Devin) (Entered: 12/30/2004)
	Request

41	Filed: 12/9/2004, Entered: None
	BRIEF IN SUPPORT of IBM's Motion to Dismiss Third-Party Complaint re 35 Third Party MOTION to Dismiss Third-Party Complaint filed by International Business Machines Corporation, Inc.. Brief in Opposition due by 12/27/2004 (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Feltoon, Robert) (Entered: 12/09/2004)
	Request

40	Filed: 12/8/2004, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to W. Breck Weigel, Esquire.Signed by Judge William W. Caldwell on 12/8/04. (jc) (Entered: 12/08/2004)
	Request

39	Filed: 12/7/2004, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by W. Breck Weigel on behalf of Fifth Third Bank ( Filing fee $25, Receipt Number 111 142281). (jc) (Entered: 12/08/2004)
	Request

38	Filed: 12/7/2004, Entered: None
	ORDER Upon consideration of the unopposed mtn of 3rd pty deft. International Business Machines Corp. concerning length of briefs and briefing schedule on its mtn to dismiss 3rd pty complaint, IT IS ORDERED that the mtn is granted. SEE ORDER FOR FURTHER DETAILS 36 Signed by Judge William W. Caldwell on 12/7/04 (jc) (Entered: 12/07/2004)
	Request

37	Filed: 12/3/2004, Entered: None
	DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1. (Feltoon, Robert) (Entered: 12/03/2004)
	Request

36	Filed: 12/3/2004, Entered: None
	Third Party MOTION to Exceed Page Limitation On Briefs And to Extend Briefing Schedule For Motion to Dismiss by International Business Machines Corporation, Inc.. (Attachments: # 1 Proposed Order)(Feltoon, Robert) (Entered: 12/03/2004)
	Request

35	Filed: 11/24/2004, Entered: None
	Third Party MOTION to Dismiss Third-Party Complaint by International Business Machines Corporation, Inc.. (Attachments: # 1 Proposed Order)(Feltoon, Robert) (Entered: 11/24/2004)
	Request

34	Filed: 11/17/2004, Entered: None
	SCHEDULING ORDER: Case Management Conference set for 1/5/2005 02:00 PM in Harrisburg - Courtroom #1 before Honorable William W. Caldwell.Signed by Judge William W. Caldwell on 11/17/04. (aaa) (Entered: 11/17/2004)
	Request

33	Filed: 11/1/2004, Entered: None
	AFFIDAVIT of Service for Summons and Third Party Complaint served on International Business Machines Corporation, Inc. on October 5, 2004, filed by BJ's Wholesale Club, Inc.. (Kremnick, Richard) (Entered: 11/01/2004)
	Request

32	Filed: 10/29/2004, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED - as to Atty. James S. Goldman o/b/o BJ's Wholesale Club, Inc. cc: Scr. Registry, Roseanne, Goldman. Signed by Judge William W. Caldwell on 10/29/04. (am) (Entered: 10/29/2004)
	Request

31	Filed: 10/26/2004, Entered: None
	ORDER - AND NOW, this 26th day of Oct., 2004, upon consideration of the Mtn. for Withdrawal & Substitution of Counsel for 3rd-pty. deft. International Business Machines Corp., Inc., it is hereby ORDERED that the mtn. 28 is GRANTED. cc: all counsel, Crt. Signed by Judge William W. Caldwell on 10/26/04. (am) (Entered: 10/26/2004)
	Request

30	Filed: 10/19/2004, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by James S. Goldman, Esquire on behalf of BJ's Wholesale Club, Inc. ( Filing fee $25, Receipt Number 111 141976) (jc) Additional attachment(s) added on 10/22/2004 (jc, ). (Entered: 10/22/2004)
	Request

29	Filed: 10/15/2004, Entered: None
	ORDER TERMINATING CASE REFERRAL TO MAGISTRATE JUDGESigned by Magistrate Judge J. Andrew Smyser on 10/15/04. (rw ) (Entered: 10/20/2004)
	Request

28	Filed: 10/18/2004, Entered: None
	MOTION to Withdraw Kelly G. Huller as Attorney o/b/o third-party defendant International Business Machines Corporation, Inc. and c of s. (Attachments: # 1 Proposed Order)(jc) (Entered: 10/19/2004)
	Request

27	Filed: 10/18/2004, Entered: None
	NOTICE of Appearance by Colleen M. Johns, Jonathan K.M. Crawford, Robert N. Feltoon on behalf of third-party defendant International Business Machines Corporation, Inc. and c of s. (jc) (Entered: 10/19/2004)
	Request

26	Filed: 10/18/2004, Entered: None
	ORDER granting 25 Motion to Extend Time to file case management plan and continuance of case managementr conference. Third party defendant IBM shall answer on or before 11/24/04. The parties shall file with the court a Joint Case management plan and shall serve their initial disclosures on or before 12/8/04. The Case Management Conference previously scheduled for 10/22/04 is cancelled. Signed by Judge J. Andrew Smyser on 10/18/04 (pw, ) (Entered: 10/18/2004)
	Request

25	Filed: 10/14/2004, Entered: None
	MOTION for Extension of Time to Unopposed Motion of Third-Party Defendant International Business Machines Corpoation For Extension of Time to Respond to Third-Party Complaint, Extension of Time to File Case Management Plan, and Continuance of Case Management Conference by International Business Machines Corporation, Inc.. (Attachments: # 1 Proposed Order)(Huller, Kelly) (Entered: 10/14/2004)
	Request

24	Filed: 10/14/2004, Entered: None
	ORDER - It is hereby ORDERED that the undersigned judge is recused from the captioned action. The Clerk of Court shall reassign the case to another judge. // Case reassigned to Judge Yvette Kane. Judge Christopher C. Conner no longer assigned to the case.Signed by Judge Christopher C. Conner on 10/14/04. (ki) (Entered: 10/14/2004)
	Request

23	Filed: 10/8/2004, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to Benjamin M. Stern.Signed by Mag. Judge J. Andrew Smyser on 10/06/04. (rw ) (Entered: 10/08/2004)
	Request

22	Filed: 10/6/2004, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Benjamin M. Stern on behalf of BJ's Wholesale Club, Inc. ( Filing fee $25, Receipt Number 111 141854) (crh, ) (Entered: 10/06/2004)
	Request

21	Filed: 9/28/2004, Entered: None
	THIRD PARTY COMPLAINT against International Business Machines Corporation, Inc., THIRD PARTY COMPLAINT against International Business Machines Corporation, Inc., filed by BJ's Wholesale Club, Inc.. (Attachments: # 1)(Kremnick, Richard) (Entered: 09/28/2004)
	Request

20	Filed: 9/16/2004, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to James W. PrendergastSigned by Judge J. Andrew Smyser on 9/16/04. (pm, ) (Entered: 09/17/2004)
	Request

19	Filed: 9/15/2004, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by James W. Prendergast on behalf of BJ's Wholesale Club, Inc. ( Filing fee $25, Receipt Number 111 141739). (crh, ) (Entered: 09/15/2004)
	Request

18	Filed: 9/14/2004, Entered: None
	ANSWER to Complaint by Fifth Third Bank.(Swope, Andrew) (Entered: 09/14/2004)
	Request

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17	Filed: 9/14/2004, Entered: None
	ANSWER to Complaint by BJ's Wholesale Club, Inc..(Kremnick, Richard) (Entered: 09/14/2004)
	Request

16	Filed: 9/13/2004, Entered: None
	ORDER OF RECUSAL. Judge Yvette Kane recused. Case reassigned to Judge Christopher C. Conner for all further proceedings.Signed by Judge Yvette Kane on 9/13/04. (pw, ) (Entered: 09/13/2004)
	Request

15	Filed: 9/9/2004, Entered: None
	ORDER - IT IS ORDERED that the dfts' Joint 14 Motion for Continuance of the Case Management Conference and Extention to file the Case Management Plan is GRANTED. IT IS ORDERED that the case management conference is continued until October 22, 2004, 9:30 AM, and that the case management plan shall be filed and the parties' initial disclosures shall be served, on or before October 15, 2004. (cc: all cnsl, Ct) Signed by Mag. Judge J. Andrew Smyser on 09/09/04 (rw ) (Entered: 09/09/2004)
	Request

14	Filed: 9/8/2004, Entered: None
	Unopposed MOTION to Continue Case Management Conference and Extension of Time to File Case Management Plan by BJ's Wholesale Club, Inc.. (Attachments: # 1)(Kremnick, Richard) (Entered: 09/08/2004)
	Request

12	Filed: 8/19/2004, Entered: None
	ORDER - upon consideration of the unopposed Motion 10 for Extension of Time to Answer the complaint filed by dft BJ's Wholesale Club, Inc. IT IS ORDERED that the Motion is GRANTED and the answer to the complaint shall be filed on or before 9/14/2004. Signed by Mag Judge J. Andrew Smyser on 08/19/04. (cc: all cnsl, Ct) (rw ) (Entered: 08/19/2004)
	Request

11	Filed: 8/17/2004, Entered: None
	ORDER - Upon consideration of the unopposed Motion 9 of dft Fifth Third Bank to extend time to answer the complaint, IT IS ORDERED that the motion is GRANTED, an answer to the complaint shall be filed on or before 9/14/2004. Signed by Mag. Judge J. Andrew Smyser on 08/17/04. (cc: all cnsl, Ct) (rw ) (Entered: 08/18/2004)
	Request

10	Filed: 8/18/2004, Entered: None
	Unopposed MOTION for Extension of Time to File Answer re 6 Complaint by BJ's Wholesale Club, Inc..(Kremnick, Richard) (Entered: 08/18/2004)
	Request

9	Filed: 8/16/2004, Entered: None
	MOTION for Extension of Time to File Answer re 6 Complaint by Fifth Third Bank. (Attachments: # 1 Proposed Order)(Nestor, Christopher) (Entered: 08/16/2004)
	Request

8	Filed: 8/6/2004, Entered: None
	RULE 7.1 DISCLOSURE STATEMENT by defendants and c of s. (jc) (Entered: 08/09/2004)
	Request

7	Filed: 8/4/2004, Entered: None
	RULE 7.1 DISCLOSURE STATEMENT by defendant Pennsylvania State Employees Credit Union. (jc) (Entered: 08/05/2004)
	Request

6	Filed: 8/4/2004, Entered: None
	COMPLAINT by plaintiff.(jc) (Entered: 08/05/2004)
	Request

5	Filed: 7/27/2004, Entered: None
	SPECIAL ADMISSIONS FORM APPROVED as to Richard L. Kremnick, Esquire.Signed by Judge J. Andrew Smyser on 7/27/04. (jc) (Entered: 07/29/2004)
	Request

4	Filed: 7/27/2004, Entered: None
	COUNTY COURT RECORD from Dauphin County Court. (jc) (Entered: 07/28/2004)
	Request

3	Filed: 7/26/2004, Entered: None
	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Richard L. Kremnick on behalf of defendant BJ's Wholesale Club, Inc. ( Filing fee $25, Receipt Number 111 141398). (jc) (Entered: 07/27/2004)
	Request

2	Filed: 7/23/2004, Entered: None
	SCHEDULING ORDER: A Case Mgmnt Confer has been schd'd for 9/17/2004 @ 9:30 AM before Magistrate Judge J. Andrew Smyser. This conf. will be in person unless rqsted otherwise by the parties. The joint case mgmnt plan is to be filed n/l/t 9/10/04Signed by Judge J. Andrew Smyser on 07/23/04. (ma, ) (Entered: 07/23/2004)
	Request

1	Filed: 7/16/2004, Entered: None
	NOTICE OF REMOVAL - by defendant BJ's Wholesale Club, Inc. from Dauphin County Court, case number 2004CV2591; N/C to cnsl.; jury trial demanded. (Filing fee $ 150 receipt number 111 141363) (Attachments: # 1 Index to Exhibits# 2 Exhibit(s) A# 3 Exhibit(s) B# 4 Exhibit(s) C# 5 Civil Cover Sheet # 6 Receipt)(jc) (Entered: 07/19/2004)
	Request