LEWANDOWSKI v. MEGABUS USA, LLC et al
| Pennsylvania Western District Court | |
| Judge: | William S Stickman |
| Case #: | 2:20-cv-00241 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12101 The Americans with Disabilities Act of 1990 |
| Case Filed: | Feb 14, 2020 |
| Terminated: | Sep 16, 2020 |
| Last checked: Wednesday Aug 12, 2020 6:25 AM EDT |
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Defendant
MEGABUS NORTHEAST, LLC
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Represented By
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Defendant
MEGABUS USA, LLC
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Represented By
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Mediator
CAROLE KATZ
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Represented By
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Plaintiff
GAYLE LEWANDOWSKI
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Represented By
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GPO
May 14 2020
OPINION and ORDER DENYING 5 Motion to Compel Arbitration; DENYING Motion to Dismiss Plaintiff's Complaint. Signed by Judge William S. Stickman on 05/14/20. (eca) |
| Docket last updated: 07/01/2024 11:59 PM EDT |
| Tuesday, April 13, 2021 | ||
| 42 | 42
misc
Stipulation of Dismissal (Atty)
Tue 04/13 11:49 AM
STIPULATION of Dismissal with Prejudice by GAYLE LEWANDOWSKI. (Carlson, R.) |
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| Wednesday, September 16, 2020 | ||
| 41 | 41
order
Order ~Util - Terminate Civil Case
Wed 09/16 11:23 AM
ORDER OF COURT. Upon review of40 Report of Mediation, the Clerk of Court is to mark this CASE CLOSED. Signed by Judge William S. Stickman on 09/16/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| Tuesday, September 15, 2020 | ||
| 40 | 40
adr
Report of Mediation
Tue 09/15 5:43 PM
REPORT of Mediation: Case has been resolved. CAROLE KATZ terminated. Attorney Carole S. Katz terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 9/15/2020. (Katz, Carole) |
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| Tuesday, July 14, 2020 | ||
| 39 | 39
order
Protective Order
Tue 07/14 11:27 AM
ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(d). Signed by Judge William S. Stickman on 07/14/20. (eca) |
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| 38 | 38
1
pgs
order
Order Referring Case to Mediation
Tue 07/14 11:21 AM
ORDER REFERRING CASE to Mediation. Carole Katz is appointed as mediator. Mediation to be concluded by 09/14/20. Signed by Judge William S. Stickman on 07/14/20. (eca) |
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| 37 | 37
order
Case Management Order
Tue 07/14 10:22 AM
CASE MANAGEMENT ORDER. Amended Pleadings due by 08/13/20; Joinder of Parties due 08/13/20; Exchange of initial disclosures required by Rule 26(a)(1) due by 07/14/20; Discovery ends 12/14/20; Telephonic Post-Discovery Status Conference set for 12/14/20 at 9:30 AM; Call parameters outlined herein; Fee records due by the 28th of each month; First disclosure due by 08/28/20; Summary Judgment due by 01/04/21; Response to Summary Judgment due by 02/04/21; Reply brief due by 02/18/21; Page limitations outlined herein. Signed by Judge William S. Stickman on 07/14/20. (eca) |
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| 36 | 36
minutes
Case Management Conference
Tue 07/14 10:17 AM
Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Initial Case Management Conference held on 7/14/2020. (Court Reporter: None) (eca) |
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| Thursday, July 09, 2020 | ||
| 35 | 35
notice
Notice of Appearance
Thu 07/09 9:17 AM
NOTICE of Appearance by Robin A. Bolea on behalf of GAYLE LEWANDOWSKI. (Bolea, Robin) |
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| Friday, June 26, 2020 | ||
| 34 | 34
misc
Report of Rule 26(f) Planning Meeting
Fri 06/26 4:32 PM
REPORT of Rule 26(f) Planning Meeting. (Garraux, David) |
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| 33 | 33
adr
Stipulation Selecting ADR process
Fri 06/26 4:24 PM
STIPULATION selecting ADR process by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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| Friday, May 29, 2020 | ||
| 32 | 32
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 05/29 7:51 AM
ORDER SCHEDULING TELEPHONIC INITIAL CASE MANAGEMENT CONFERENCE. Rule 26 Meeting to be conducted on or before 6/19/2020; Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 6/26/2020. Telephonic Initial Case Management Conference set for 7/14/2020 at 9:30 AM before Judge William S. Stickman. Signed by Judge William S. Stickman on 05/29/20. (eca) |
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| Thursday, May 28, 2020 | ||
| 31 | 31
answer
Answer to Complaint
Thu 05/28 3:36 PM
Defendants' ANSWER to1 Complaint, and Affirmative Defenses by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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| Saturday, May 16, 2020 | ||
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notice
Notice re NextGen
Sat 05/16 12:44 PM
FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found[LINK:here] . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's[LINK:administrative order] for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
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| Thursday, May 14, 2020 | ||
| 30 | 30
10
pgs
order
Order on Motion to Compel Order on Motion to Dismiss for Failure to State a Claim
Thu 05/14 3:10 PM
OPINION and ORDER DENYING5 Motion to Compel Arbitration; DENYING Motion to Dismiss Plaintiff's Complaint. Signed by Judge William S. Stickman on 05/14/20. (eca) |
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| Wednesday, May 13, 2020 | ||
| 29 | 29
misc
Transcript
Wed 05/13 12:50 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04 29-2020 before Judge William S. Stickman IV. Court Reporter Deborah Ann Betzler, Telephone number 412-330-1365. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 5/20/2020. Redaction Request due 6/3/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/11/2020. (dab) |
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| Wednesday, April 29, 2020 | ||
| 28 | 28
order
Order
Wed 04/29 12:08 PM
ORDER OF COURT. The parties shall split the cost of the production of the oral argument transcript 50/50. Signed by Judge William S. Stickman on 04/29/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| 27 | 27
minutes
Oral Argument
Wed 04/29 12:06 PM
Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Oral Argument held on 4/29/2020. (Court Reporter: Deborah Betzler) (eca) |
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| Sunday, April 26, 2020 | ||
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notice
Notice re NextGen
Sun 04/26 2:41 PM
IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found[LINK:here] . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
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| Friday, April 24, 2020 | ||
| 26 | 26
order
Order ~Util - Set Hearings
Fri 04/24 3:41 PM
ORDER SCHEDULING TELEPHONIC ORAL ARGUMMENT. The Court will hear brief, telephonic oral argument 04/29/20 at 10:30 AM on5 Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint. The parties are directed to use the Court's dial-in teleconferencing provided via email by the Court's Deputy Clerk. Signed by Judge William S. Stickman on 04/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| Wednesday, April 22, 2020 | ||
| 25 | 25
respm
Reply Brief
Wed 04/22 3:22 PM
REPLY BRIEF re5 Motion to Compel, Motion to Dismiss for Failure to State a Claim In Support filed by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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| Friday, April 17, 2020 | ||
| 24 | 24
notice
Notice of Appearance
Fri 04/17 10:14 AM
NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of GAYLE LEWANDOWSKI. (Pollock-Avery, Elizabeth) |
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| Thursday, April 16, 2020 | ||
| 23 | 23
notice
Notice (Other) - Do Not Use for ADR Documents
Thu 04/16 1:21 PM
NOTICE of No Amendment TO PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION by GAYLE LEWANDOWSKI re14 Response in Opposition (Carlson, R.) Modified text on 4/16/2020. (jjg) |
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| Wednesday, April 15, 2020 | ||
| 22 | 22
1
pgs
order
Order on Motion to Withdraw as Attorney
Wed 04/15 2:08 PM
ORDER GRANTING21 Motion to Withdraw as Attorney. Attorney Bryan A Fox terminated. Signed by Judge William S. Stickman on 04/15/2020. (rgm) |
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| 21 | 21
motion
Withdraw as Attorney
Wed 04/15 9:58 AM
MOTION to Withdraw as Attorney by GAYLE LEWANDOWSKI. (Fox, Bryan) |
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Att: 1
Proposed Order
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| Tuesday, April 14, 2020 | ||
| 20 | 20
order
Order Lifting Stay
Tue 04/14 8:33 AM
ORDER LIFTING STAY. The period of the stay having expired, IT IS HEREBY ORDERED that the stay of this matter is LIFTED. The parties shall comply with the April 9, 2020, scheduling order of the Court. Signed by Judge William S. Stickman on 04/14/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| Thursday, April 09, 2020 | ||
| 19 | 19
1
pgs
order
Order Response/Briefing Schedule
Thu 04/09 8:48 AM
SCHEDULING ORDER. Plaintiff's amended response or notice of no amendment due by 4/16/2020; Reply, if any, due by 4/22/2020. Signed by Judge William S. Stickman on 04/09/20. (eca) |
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| Wednesday, April 08, 2020 | ||
| 18 | 18
notice
Notice (Other) - Do Not Use for ADR Documents
Wed 04/08 12:54 PM
NOTICE of Acceptance for Arbitration by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC (Lacy, Stefanie) |
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Att: 1
Exhibit A
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| Monday, April 06, 2020 | ||
| 17 | 17
1
pgs
order
Order on Motion to Continue
Mon 04/06 10:40 AM
ORDER GRANTING15 Motion to Extend Stay of Proceedings. Signed by Judge William S. Stickman on 04/06/20. (eca) |
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| Thursday, April 02, 2020 | ||
| 16 | 16
respm
Brief / Memorandum of Law in Support of Motion
Thu 04/02 3:28 PM
BRIEF in Support re15 Motion to Continue Stay of Proceedings Pending Acceptance of Arbitration filed by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Lacy, Stefanie) |
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| 15 | 15
motion
Continue
Thu 04/02 3:16 PM
MOTION to Continue Stay of Proceedings Pending Acceptance of Arbitration by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Lacy, Stefanie) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D
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| 14 | 14
respoth
Response in Opposition
Thu 04/02 10:42 AM
RESPONSE IN OPPOSITION to5 Motion to Compel, Motion to Dismiss for Failure to State a Claim, filed by GAYLE LEWANDOWSKI. (Carlson, R.) |
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| Saturday, March 28, 2020 | ||
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notice
Notice re NextGen
Sat 03/28 8:10 PM
IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at[LINK:here] . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) |
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| Thursday, March 19, 2020 | ||
| 13 | 13
1
pgs
order
Order on Motion to Stay
Thu 03/19 11:40 AM
ORDER GRANTING11 Motion to Stay. All proceedings stayed until 04/02/2020. Signed by Judge William S. Stickman on 03/19/2020. (rgm) |
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| Wednesday, March 18, 2020 | ||
| 12 | 12
respm
Brief / Memorandum of Law in Support of Motion
Wed 03/18 5:32 PM
BRIEF in Support re11 Motion to Stay, Proceedings Pending Acceptance for Arbitration filed by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Lacy, Stefanie) |
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| 11 | 11
motion
Stay
Wed 03/18 5:30 PM
MOTION to Stay Proceedings Pending Acceptance for Arbitration by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Lacy, Stefanie) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E
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| 10 | 10
notice
Notice (Other) - Do Not Use for ADR Documents
Wed 03/18 5:23 PM
NOTICE Meet and Confer Certification by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC re5 Motion to Compel, Motion to Dismiss for Failure to State a Claim (Lacy, Stefanie) |
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| Wednesday, March 11, 2020 | ||
| 9 | 9
2
pgs
order
Order Response/Briefing Schedule
Wed 03/11 8:26 AM
ORDER SETTING BRIEFING SCHEDULE. Counsel for Defendants shall confer with opposing counsel and file a certificate stating conference requirement has been met no later than 03/18/20. Response to5 Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint due by 4/8/2020; Reply due by 4/15/2020. Page limitations outlined herein. Signed by Judge William S. Stickman on 03/11/20. (eca) |
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| Tuesday, March 10, 2020 | ||
| 8 | 8
notice
Notice of Appearance
Tue 03/10 4:09 PM
NOTICE of Appearance by Stefanie Lacy on behalf of MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Lacy, Stefanie) |
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| 7 | 7
misc
Disclosure Statement (LR 7.1.1)
Tue 03/10 4:06 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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| 6 | 6
respm
Brief / Memorandum of Law in Support of Motion
Tue 03/10 4:03 PM
BRIEF in Support re5 Motion to Compel, Motion to Dismiss for Failure to State a Claim Plaintiff's Complaint filed by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 5 | 5
motion
Compel Dismiss for Failure to State a Claim
Tue 03/10 4:00 PM
MOTION to Compel Arbitration , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint by MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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Att: 1
Proposed Order
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| 4 | 4
notice
Notice of Appearance
Tue 03/10 3:52 PM
NOTICE of Appearance by David J. Garraux on behalf of MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC. (Garraux, David) |
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| Friday, February 21, 2020 | ||
| 3 | 3
service
Summons/Return of Service Returned Executed
Fri 02/21 9:56 AM
SUMMONS/Return of Service Returned Executed by GAYLE LEWANDOWSKI. MEGABUS NORTHEAST, LLC served on 2/18/2020, answer due 3/10/2020; MEGABUS USA, LLC served on 2/18/2020, answer due 3/10/2020. (Carlson, R.) |
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| Tuesday, February 18, 2020 | ||
| 2 | 2
service
Summons Issued
Tue 02/18 11:54 AM
Summons Issued as to MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC (jjg) |
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Att: 1
Summons
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| Friday, February 14, 2020 | ||
| 1 | 1
cmp
Complaint (for Clerk of Court personnel only)
Tue 02/18 11:52 AM
COMPLAINT against MEGABUS NORTHEAST, LLC, MEGABUS USA, LLC (Filing fee, including Administrative fee, $400, receipt number 0315-5470272), filed by GAYLE LEWANDOWSKI. (jjg) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons
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