SALVATORA et al v. XTO ENERGY INC.
| Pennsylvania Western District Court | |
| Judge: | William S Stickman |
| Referred: | Christopher B Brown |
| Case #: | 2:19-cv-01097 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Aug 29, 2019 |
| Re-opened: | Oct 30, 2024 |
| Terminated: | Apr 01, 2024 |
| Last checked: Tuesday Feb 25, 2020 3:50 AM EST |
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Defendant
XTO ENERGY INC.
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Represented By
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Plaintiff
D&M MARBURGER FAMILY ENTERPRISES, L.P.
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Represented By
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Plaintiff
HEASLEY'S NURSERIES, INC.
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Represented By
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Plaintiff
BONITA A. LANG
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Represented By
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Plaintiff
RODNEY L. LANG
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Represented By
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Plaintiff
ROGER A. SALVATORA
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Represented By
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Plaintiff
SANDRA E. SALVATORA
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Represented By
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GPO
Jun 02 2023
REPORT AND RECOMMENDATION re 91 MOTION Daubert Motion to Exclude Testimony of John McArthur filed by XTO ENERGY INC., 92 MOTION Daubert Motion to Exclude Testimony of Barry Pulliam filed by XTO ENERGY INC., 121 MOTION to Strike Exhibits in Support, Declaration of Kris L. Terry filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, 86 Amended MOTION to Certify Class filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, 117 MOTION to Strike Exhibits in Support, Declaration of Stephen L. Becker filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, 159 MOTION to Approve Confidential Designation re Order on Motion for Protective Order filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG, 119 MOTION to Strike Exhibits in Support, Declaration of Angela Paslay filed by ROGER A. SALVATORA, D&M MARBURGER FAMILY ENTERPRISES, L.P., SANDRA E. SALVATORA, HEASLEY'S NURSERIES, INC., BONITA A. LANG, RODNEY L. LANG. It is respectfully recommended as follows: 1. Plaintiffs' Motion for Class Certification (ECF No. 86) be granted in part pursuant to Rule 23(b)(3) and denied in part as to Rule 23(b)(2); 2. XTO's Motion to Exclude Expert Testimony of John McArthur (ECF No. 91) be granted in part and denied in part; 3. XTO's Motion to Exclude Expert Testimony of Barry Pulliam (ECF No. 92) be denied; 4. Plaintiffs' Motions to Strike the Declarations of Stephen L. Becker (ECF No. 117), Angela Paslay (ECF No. 119), and Kris L. Terry (ECF No. 121) be denied; 5. Plaintiffs' Motion to Approve Confidential Designation (ECF No. 159) be granted. It is further recommended that Plaintiffs Roger A. Salvatora, Sandra E. Salvatora, D&M Marburger Family Enterprises, L.P., Heasley's Nurseries, Inc., and Rodney L. Lang and Bonita A. Lang be appointed as Class Representatives for Count II of the Third Amended Complaint; that Rodney L. Lang and Bonita A. Lang be appointed a Class Representative for Count III of the Third Amended Complaint; and that David A. Borkovic and Jones, Gregg, Creehan & Gerace LLP are appointed as class counsel. Objections to R&R due by 6/16/2023. Signed by Magistrate Judge Cynthia Reed Eddy on 6/2/23. (slh) |
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GPO
Jun 22 2023
ORDER adopting 168 REPORT AND RECOMMENDATION as the opinion of the Court and granting in part and denying in part 86 Motion to Certify Class; granting in part and denying in part 91 Motion to Exclude; denying 92 Motion to Exclude; denying 117 Motion to Strike; denying 119 Motion to Strike; denying 121 Motion to Strike; and granting 159 Motion to Approve Confidential Designation. Signed by Judge William S. Stickman on 06/22/23. (eca) |
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GPO
Dec 16 2024
MEMORANDUM ORDER denying 194 Motion to Compel Arbitration. Signed by Magistrate Judge Christopher B. Brown on 12/16/2024. (ajs) |
| Docket last updated: 03/09/2025 11:59 PM EDT |
| Tuesday, February 25, 2025 | ||
| 224 | 224
appeal
USCA Notice of Docketing (Case Number & Case Manager Assigned)
Tue 02/25 4:50 PM
USCA Case Number 25-1327 for222 Notice of Interlocutory Appeal, filed by XTO ENERGY INC. USCA Case Manager Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cw3) |
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order
Order
Tue 02/25 1:18 PM
TEXT ORDER: In light of the Notice of Appeal filed by XTO Energy, Inc., the deadlines set forth in the210 Amended Case Management Order remain in effect. Signed by Magistrate Judge Christopher B. Brown on 2/25/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ajs) |
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| Monday, February 24, 2025 | ||
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appeal
Notice of Interlocutory Appeal (Credit Card Required)
Mon 02/24 12:28 PM
NOTICE OF APPEAL (Interlocutory) as to211 Order on Motion to Compel,221 Order by XTO ENERGY INC.. Filing fee $ 605, receipt number APAWDC-8716628. Motion for IFP n. Certificate of Appealability n. Court Reporter None. 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. The Transcript Purchase Order form will not be mailed to the parties. The form is available on the Court's internet site. (Fine, David) |
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