McClure et al v. Love's Travel Stops & Country Store, Inc.
| Pennsylvania Middle District Court | |
| Judge: | Yvette Kane |
| Case #: | 1:21-cv-00334 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Feb 24, 2021 |
| Terminated: | May 23, 2023 |
| Case in other court: | Dauphin County Court of Common Pleas, 21-00775 |
| Last checked: Monday Aug 23, 2021 5:52 AM EDT |
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Defendant
Love's Travel Stops & Country Store, Inc.
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Represented By
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Mediator
Mediator
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Represented By
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Plaintiff
Rodney McClure
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Represented By
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Plaintiff
Dorothy Swint
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Represented By
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GPO
May 23 2023
MEMORANDUM (Order to follow as separate docket entry 35) re 25 First MOTION for Summary Judgment - SEE MEMORANDUM FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 5/23/23. (dmn) |
| Docket last updated: 4 hours ago |
| Tuesday, May 30, 2023 | ||
| 37 | 37
appeal
Notice of Appeal
Tue 05/30 10:36 AM
NOTICE OF APPEAL in NON-PRISONER Case as to35 Order on Motion for Summary Judgment,,,36 Clerk's Judgment by Rodney McClure, Dorothy Swint. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number APAMDC-6298560. 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. (Sammel, Daniel) |
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| Tuesday, May 23, 2023 | ||
| 36 | 36
order
Judgment - Clerk
Tue 05/23 2:05 PM
CLERK'S JUDGMENT in favor of Defendant against Plaintiffs. Signed by Honorable Yvette Kane on 5/23/23. (dmn) |
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| 35 | 35
1
pgs
order
Order on Motion for Summary Judgment
Tue 05/23 2:02 PM
ORDER (Memorandum filed previously as separate docket entry34 ) - AND NOW, on this 23rd day of May 2023, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendants motion for summary judgment (Doc. No.25 ) is GRANTED with respect to Count I (Plaintiff Rodney McClures negligence claim) of Plaintiffs complaint (Doc. No. 1-2); 2. The Clerk of Court is directed to enter judgment IN FAVOR of Defendant and AGAINST Plaintiffs as to Count I of Plaintiffs complaint (Doc. No. 1-2); 3. Count II (Plaintiff Dorothy Swints loss of consortium claim) of Plaintiffs complaint (Doc. No. 1-2) is DISMISSED with PREJUDICE; and 4. The Clerk of Court is directed to CLOSE the above-captioned action. Signed by Honorable Yvette Kane on 5/23/23. (dmn) |
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20
pgs
order
Memorandum (Order to follow as separate docket entry)
Tue 05/23 1:57 PM
MEMORANDUM (Order to follow as separate docket entry35 ) re25 First MOTION for Summary Judgment - SEE MEMORANDUM FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 5/23/23. (dmn) |
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| Wednesday, October 26, 2022 | ||
| 33 | 33
respm
Reply Brief
Wed 10/26 3:26 PM
REPLY BRIEF re25 First MOTION for Summary Judgment filed by Love's Travel Stops & Country Store, Inc..(Murphy, Patrick) |
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Att: 1
Unpublished Opinion(s),
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Att: 2
Unpublished Opinion(s),
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Att: 3
Unpublished Opinion(s)
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| Thursday, October 13, 2022 | ||
| 32 | 32
respm
Brief in Opposition to Motion for Summary Judgment
Thu 10/13 12:49 PM
BRIEF IN OPPOSITION re25 First MOTION for Summary Judgment filed by Rodney McClure, Dorothy Swint.(Sammel, Daniel) |
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Att: 1
Unpublished Opinion(s),
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Att: 2
Unpublished Opinion(s),
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Att: 3
Proposed Order
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| 31 | 31
respm
Answer to Statement of Facts
Thu 10/13 12:44 PM
ANSWER TO STATEMENT OF FACTS re26 Statement of Facts, filed by Rodney McClure, Dorothy Swint.(Sammel, Daniel) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) E,
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Att: 5
Exhibit(s) F,
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Att: 6
Exhibit(s) G,
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Att: 7
Exhibit(s) H
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| Monday, October 03, 2022 | ||
| 30 | 30
respm
Brief in Support of Motion for Summary Judgment
Mon 10/03 3:07 PM
BRIEF IN SUPPORT re25 First MOTION for Summary Judgment filed by Love's Travel Stops & Country Store, Inc..(Murphy, Patrick) |
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Att: 1
Unpublished Opinion(s),
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Att: 2
Unpublished Opinion(s)
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| Monday, September 26, 2022 | ||
| 28 | 28
misc
Exhibit
Mon 09/26 10:18 AM
Video EXHIBIT D by Love's Travel Stops & Country Store, Inc. Two cds recv'd. One placed in e-medial. One fwded to Chambers. (aaa) |
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| Wednesday, September 21, 2022 | ||
| 27 | 27
misc
Report of Mediator (Settlement Not Reached)
Wed 09/21 2:41 PM
REPORT OF MEDIATOR (Settlement Not Reached). (dmn) |
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| Tuesday, September 20, 2022 | ||
| 26 | 26
respm
Statement of Facts
Tue 09/20 2:15 PM
STATEMENT OF FACTS re25 First MOTION for Summary Judgment filed by Love's Travel Stops & Country Store, Inc..(Murphy, Patrick) |
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Att: 1
Exhibit(s) Rodney McClure dep transc,
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Att: 2
Exhibit(s) Jeff Rovenolt,
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Att: 3
Exhibit(s) AFC Urgent Care Record
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| 25 | 25
motion
Summary Judgment
Tue 09/20 12:08 PM
First MOTION for Summary Judgment by Love's Travel Stops & Country Store, Inc..(Murphy, Patrick) |
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Att: 1
Certificate of Nonconcurrence,
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Att: 2
Proposed Order
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| Wednesday, July 20, 2022 | ||
| 24 | 24
order
Scheduling Order
Wed 07/20 10:42 AM
SCHEDULING ORDER: AND NOW, on this 20th day of July 2022, IT IS ORDERED THAT a telephone conference will be held on September 22, 2022, at 10:30 a.m. to discuss the status of this case. Plaintiffs counsel shall initiate this conference call. If settlement is reached through mediation, counsel shall notify the Court by telephone at (717) 221-3990. Signed by Honorable Yvette Kane on 7/20/22. (dmn) |
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| Wednesday, May 18, 2022 | ||
| 22 | 22
order
Scheduling Order
Wed 05/18 11:00 AM
SCHEDULING ORDER: Close of Fact Discovery Deadline extended to 6/30/22. A Telephonic Post Discovery Status Conference is set for 7/20/2022 at 10:00 AM before Honorable Yvette Kane. Plaintiffs counsel shall initiate the call. The telephone number for the purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 5/18/22. (dmn) |
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| Wednesday, March 16, 2022 | ||
| 20 | 20
order
Scheduling Order
Wed 03/16 11:33 AM
ORDER - AND NOW, on this 16th day of March 2022, in accordance with the Post-Discovery Conference Call having been held before the Court on this date, IT IS ORDERED THAT the Close of Fact Discovery Deadline is extended to May 16, 2022. IT IS FURTHER ORDERED THAT the post-discovery telephone status call will be held on May 18, 2022, at 10:00 a.m. Plaintiffs counsel shall initiate the call. The telephone number for the purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 3/16/22. (dmn) |
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| Tuesday, March 01, 2022 | ||
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order
Scheduling Order
Tue 03/01 9:19 AM
SCHEDULING ORDER: AND NOW, on this 1st day of March 2022, upon request of counsel, IT IS ORDERED THAT the post-discovery telephone conference currently scheduled for March 8, 2022, is RESCHEDULED to March 16, 2022, at 11:00 a.m. Plaintiffs counsel shall initiate the conference call. The telephone number for purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 3/1/22. (dmn) |
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| Wednesday, December 29, 2021 | ||
| 17 | 17
order
Scheduling Order ~Util - Terminate Motions
Wed 12/29 10:45 AM
ORDER - AND NOW, on this 29th day of December 2021, upon consideration of the parties Joint Motion for Extension of Time to Complete Discovery (Doc. No.16 ), IT IS ORDERED THAT the Motion is GRANTED. The discovery deadline is extended to March 1, 2022. The Post-Discovery Status Conference set on January 5, 2022, is re-scheduled for March 8, 2022, at 11:30 a.m. via telephone. Plaintiffs counsel shall initiate the call to 717-221-3990. Signed by Honorable Yvette Kane on 12/29/21. (dmn) |
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| 16 | 16
motion
Extension of Time to Complete Discovery
Wed 12/29 10:21 AM
Joint MOTION for Extension of Time to Complete Discovery by Rodney McClure.(Sammel, Daniel) |
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Att: 1
Proposed Order
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| Thursday, September 02, 2021 | ||
| 15 | 15
notice
Notice (Other) - Do not use this event if this is a Notice of Appeal
Thu 09/02 3:01 PM
NOTICE by Rodney McClure Notice of Service of Disc Resp (Sammel, Daniel) |
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| Thursday, August 19, 2021 | ||
| 14 | 14
order
Scheduling Order
Thu 08/19 10:25 AM
CASE MANAGEMENT ORDER - Close of Fact Discovery shall be completed by December 31, 2021. A Telephonic Post Discovery Status Conference set for 1/5/2022 at 10:00 AM before Honorable Yvette Kane. Plaintiff's counsel shall initiate the call to 717-221-3990. Prior to the conference, the parties shall meet and confer regarding settlement of the case. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 8/19/21. (dmn) |
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| Tuesday, June 15, 2021 | ||
| 12 | 12
order
Scheduling Order
Tue 06/15 3:04 PM
SCHEDULING ORDER: AND NOW, on this 15th day of June 2021, IT IS ORDERED THAT a telephone conference will be held on August 19, 2021, at 10:00 a.m. to discuss the status of this case. Plaintiffs counsel shall initiate this conference call. If settlement is reached through mediation, counsel shall notify the Court by telephone at (717) 221-3990. IT IS FURTHER ORDERED THAT this case is stayed pending status of mediation. Signed by Honorable Yvette Kane on 6/15/21. (dmn) |
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| 11 | 11
3
pgs
order
Order Referring Case to Mediation
Tue 06/15 3:01 PM
ORDER REFERRING CASE to Mediation. Jason C. Giurintano added as Mediator. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 6/15/21. (dmn) |
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| 10 | 10
misc
County Court Record
Tue 06/15 2:59 PM
COUNTY COURT RECORD from Dauphin County. (ibr) |
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| Monday, May 24, 2021 | ||
| 8 | 8
order
Scheduling Order
Mon 05/24 4:13 PM
SCHEDULING ORDER: AND NOW, on this 24th day of May 2021, IT IS ORDERED THAT the Case Management Conference currently set for May 27, 2021, is RESCHEDULED to June 15, 2021, at 10:00 a.m. Plaintiffs counsel shall initiate the conference call. The telephone number for purposes of this call is (717) 221-3990. Signed by Honorable Yvette Kane on 5/24/21. (dmn) |
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| Tuesday, May 18, 2021 | ||
| 7 | 7
misc
Case Management Plan
Tue 05/18 3:33 PM
CASE MANAGEMENT PLAN (JOINT) by Rodney McClure, Dorothy Swint. (Sammel, Daniel) |
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| Tuesday, April 13, 2021 | ||
| 6 | 6
order
Scheduling Order
Tue 04/13 2:23 PM
SCHEDULING ORDER: Case Management Conference set for 5/27/2021 10:30 AM before Honorable Yvette Kane. Plaintiff's counsel shall initiate this telephone conference. The telephone number of the court is 717-221-3990. This case has been selected at random for Mandatory Referral to court-annexed mediation in accordance with Standing Order 04-3. A Joint Case Management Plan must be filed on or before 5/20/2021. See Order for further details. Signed by Honorable Yvette Kane on 4/13/21. (dmn) |
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| Monday, April 12, 2021 | ||
| 5 | 5
answer
Answer to Complaint
Mon 04/12 4:24 PM
Defendant's ANSWER to Complaint by Love's Travel Stops & Country Store, Inc..(Murphy, Patrick) |
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| Thursday, March 18, 2021 | ||
| 4 | 4
misc
Letter
Thu 03/18 2:51 PM
Letter to Counsel re: Case Assignment and Procedures.Signed by Honorable Yvette Kane on 3/18/21. (dmn) |
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| Thursday, February 25, 2021 | ||
| 3 | 3
order
Special Admissions Form Approved
Thu 02/25 3:59 PM
SPECIAL ADMISSIONS FORM APPROVED as to Daniel J. Sammel. Signed by Honorable Yvette Kane on 2/25/21. (dmn) |
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| 2 | 2
misc
Petition for Special Admission - Pro Hac Vice
Thu 02/25 2:54 PM
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Daniel Joseph Sammel on behalf of All Plaintiffs Attorney Daniel Sammel is seeking special admission. Filing fee $ 50, receipt number APAMDC-5489724.. (Sammel, Daniel) |
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misc
Docket Annotation
Thu 02/25 3:42 PM
DOCKET ANNOTATION: Petitioning attorney and and associate counsel's bar status verified. (aaa) |
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| Wednesday, February 24, 2021 | ||
| 1 | 1
cmp
Notice for Removal
Wed 02/24 10:26 AM
NOTICE OF REMOVAL by Love's Travel Stops & Country Store, Inc. from Dauphin County Court of Common Pleas, case number 2021 CV 775 CV. (Filing fee $ 402 receipt number APAMDC-5486241), filed by Love's Travel Stops & Country Store, Inc.(aaa) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit(s)
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