LAURIE et al v. PLP-CTS HOLDINGS, INC. et al
| Pennsylvania Western District Court | |
| Judge: | Mark R Hornak |
| Case #: | 2:21-cv-00901 |
| Nature of Suit | 893 Other Statutes - Environmental Matters |
| Cause | 42:7604 Clear Air Act (Emission Standards) |
| Case Filed: | Jul 13, 2021 |
| Terminated: | Mar 22, 2022 |
| Last checked: Sunday Jan 09, 2022 3:38 AM EST |
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Defendant
COMBINED SYSTEMS, INC.
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Represented By
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Defendant
COMBINED TACTICAL SYSTEMS, INC.
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Represented By
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Defendant
CTS-CSI HOLDINGS, INC.
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Represented By
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Defendant
PLP-CTS HOLDINGS, INC.
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Represented By
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Plaintiff
DAVID LAURIE
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Represented By
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Plaintiff
SANDRA LAURIE
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Represented By
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| Docket last updated: 4 hours ago |
| Tuesday, March 22, 2022 | ||
| 39 | 39
2
pgs
order
Order ~Util - Terminate Civil Case
Tue 03/22 12:43 PM
ORDER APPROVING38 Stipulation of Voluntary Dismissal with Prejudice. Signed by Chief Judge Mark R. Hornak on 3/22/22. (jad) |
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misc
Stipulation
Tue 03/22 9:04 AM
STIPULATION of Voluntary Dismissal by DAVID LAURIE. (Mizner, John) |
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| Wednesday, March 09, 2022 | ||
| 37 | 37
misc
Status Report
Wed 03/09 2:19 PM
STATUS REPORT by DAVID LAURIE. (Mizner, John) |
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| Thursday, February 17, 2022 | ||
| 36 | 36
order
Order on Motion to Continue
Thu 02/17 8:19 AM
ORDER GRANTING35 Motion to Continue. The Video Status Conference/Oral Argument set for 2/22/22 at 10:00 AM is hereby CONTINUED pending further Order of Court. The Court further directs counsel to confer and file a Joint Status Report by 3/9/22. Signed by Chief Judge Mark R. Hornak on 2/17/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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| Wednesday, February 16, 2022 | ||
| 35 | 35
motion
Continue
Wed 02/16 4:17 PM
MOTION to Continue Argument by DAVID LAURIE. (Mizner, John) |
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Att: 1
Proposed Order
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| Tuesday, February 15, 2022 | ||
| 34 | 34
notice
Notice (Other) - Do Not Use for ADR Documents
Tue 02/15 8:59 PM
NOTICE to the Court by DAVID LAURIE re 32 Order,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,, (Mizner, John) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 33 | 33
notice
Notice (Other) - Do Not Use for ADR Documents
Tue 02/15 8:37 PM
NOTICE by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC. re 32 Order,,,,,,,,,,,,, Set Hearings,,,,,,,,,,,, (Hennessey, Yvonne) |
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Att: 1
Exhibit Feb. 10, 2022 PADEP Correspondence
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| Thursday, January 27, 2022 | ||
| 32 | 32
order
Order ~Util - Set Hearings
Thu 01/27 2:57 PM
SCHEDULING ORDER. A combination Status Conference and Oral Argument on all pending motions is hereby SCHEDULED for 2/22/22 at 10:00 AM, via Video Conference before Chief Judge Mark R. Hornak. Counsel shall be prepared to argue all pending Motions and to specifically address at least the following topics. First, as to the Motion to Strike at27 , Defendant Combined Systems, Inc. (CSI) should be prepared to address whether Combined Tactical Systems, Inc (CTS) is a currently active corporation; Defendant CSI should further be prepared to present the basis for its standing to bring the Motion to Strike on behalf of CTS, see Higdon v. Tennessee , No. 3:13-CV-586, 2014 WL 2196229, at *2 (E.D. Tenn. May 23, 2014); Rendon v. Cty. of Orange , No. 818CV01835JLSKES, 2020 WL 2374940, at *2 n.2 (C.D. Cal. Mar. 31, 2020); Defendant CSI should also be prepared to address whether, if it does have standing, it has waived any such right to challenge the service on CTS, pursuant to Fed. R. Civ. P. 12(h), through its filing of the Motion to Dismiss at14 ; Plaintiffs should be prepared to advise the Court as to the purpose of continuing in their action against Defendant CTS, given Defendants assertions about the status of CTS in e.g.,17 ,28 ,30 ; the Court notes that in a 12(b)(5) motion challenging the sufficiency of service of process, the proponent of service has the burden of proof, Grand Ent. Grp., Ltd. v. Star Media Sales, Inc. , 988 F.2d 476, 488 (3d Cir. 1993); given that Defendant CSI has explicitly disclaimed that its Motion to Strike is brought under Fed. R. Civ. P. 12(b)(5), the parties should be prepared to address what standards the Court should apply in adjudicating the Motion to Strike. As to the Motion to Dismiss at14 , Plaintiffs should be prepared to discuss the basis for their alleged injury in fact with respect to activities at the Crawford County site; Plaintiffs should be further be prepared to discuss the basis for their pleading, on information and belief, that outdoor testing of tear gas products continues at the Kinsman Road (Mercer County) site, and in particular to explain why they are not in a position to provide more specific allegations as to whether they continue to be injured by Defendants' activities in Mercer County. See City of Los Angeles v. Lyons , 461 U.S. 95, 105 (1983); McDermott v. Clondalkin Grp., Inc. , 649 Fed. App'x 263, 267-68 (3d Cir. 2016). The parties should also be prepared to advise the Court as to the current state of the litigation before Hon. Ronald D. Amrhein, Jr. in the Mercer County Court of Common Pleas at Case No. 2014 CD 2637. The video link required to participate will be circulated via e-mail. The parties are directed to advise the Court no later than 7 days prior to the Argument if they plan to present any testimony or other evidence. Signed by Chief Judge Mark R. Hornak on 1/27/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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| Monday, December 20, 2021 | ||
| 31 | 31
respm
Reply to Response to Motion
Mon 12/20 4:48 PM
REPLY to Response to Motion re30 Reply Brief filed by COMBINED SYSTEMS, INC.. (Hennessey, Yvonne) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 30 | 30
respm
Reply Brief
Mon 12/20 4:40 PM
REPLY BRIEF re27 Motion to Strike,, filed by COMBINED SYSTEMS, INC.. (Hennessey, Yvonne) |
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| Monday, December 13, 2021 | ||
| 29 | 29
respoth
Response in Opposition
Mon 12/13 5:06 PM
RESPONSE IN OPPOSITION to27 Motion to Strike,,, filed by DAVID LAURIE. (Mizner, John) |
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| Tuesday, November 23, 2021 | ||
| 28 | 28
respm
Brief / Memorandum of Law in Support of Motion
Tue 11/23 10:31 AM
BRIEF in Support re27 Motion to Strike,, filed by COMBINED SYSTEMS, INC.. (Hennessey, Yvonne) |
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| 27 | 27
motion
Strike
Tue 11/23 10:30 AM
MOTION to Strike20 Summons/Returned Returned Executed by COMBINED SYSTEMS, INC.. (Hennessey, Yvonne) |
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Att: 1
Affirmation of Yvonne E. Hennessey,
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Att: 2
Exhibit A to Hennessey Affirmation,
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Att: 3
Exhibit B to Hennessey Affirmation,
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Att: 4
Exhibit C to Hennessey Affirmation,
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Att: 5
Exhibit D to Hennessey Affirmation,
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Att: 6
Exhibit E to Hennessey Affirmation,
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Att: 7
Affidavit of Donald J. Smith,
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Att: 8
Exhibit A to Smith Affidavit,
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Att: 9
Affidavit of Patricia Fults,
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Att: 10
Proposed Order
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| Thursday, September 30, 2021 | ||
| 26 | 26
respm
Reply Brief
Thu 09/30 1:51 PM
REPLY BRIEF re14 Motion to Dismiss for Failure to State a Claim, filed by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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Att: 1
Reply Affirmation of Yvonne E. Hennessey,
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Att: 2
Exhibit A - Pennsylvania DEP Notice of Violation
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| Wednesday, September 29, 2021 | ||
| 25 | 25
order
Order
Wed 09/29 3:02 PM
ORDER. Based on the review of17 Status Report, the Court will take no further action in light of filing of return of service as to Combined Systems, Inc. Signed by Chief Judge Mark R. Hornak on 9/29/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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| Tuesday, September 28, 2021 | ||
| 24 | 24
misc
Disclosure Statement (LR 7.1.1)
Tue 09/28 1:56 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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| 23 | 23
misc
Disclosure Statement (LR 7.1.1)
Tue 09/28 1:54 PM
Disclosure Statement identifying PLP-CTS Holdings, Inc. as corporate parent or other affiliate, by CTS-CSI HOLDINGS, INC.. (Hennessey, Yvonne) |
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| 22 | 22
misc
Disclosure Statement (LR 7.1.1)
Tue 09/28 1:53 PM
Disclosure Statement identifying CTS-CSI Holdings, Inc.; PLP-CTS Holdings, Inc. as corporate parent or other affiliate, by COMBINED SYSTEMS, INC.. (Hennessey, Yvonne) |
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| Monday, September 27, 2021 | ||
| 21 | 21
order
1 - Terminate Hearings Order
Mon 09/27 8:05 AM
ORDER. Based on the Court's review of ECF No.20 , it is hereby ORDERED that the Telephonic Status Conference scheduled for Today, September 27, 2012, at 9:30 AM is CANCELLED. Signed by Chief Judge Mark R. Hornak on 9/27/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) |
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| Friday, September 24, 2021 | ||
| 20 | 20
service
Summons/Return of Service Returned Executed
Fri 09/24 3:41 PM
SUMMONS/Return of Service Returned Executed by DAVID LAURIE, SANDRA LAURIE. COMBINED TACTICAL SYSTEMS, INC. served on 9/24/2021, answer due 10/15/2021. (Mizner, John) |
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Att: 1
Certificate of Service
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| 19 | 19
respm
Brief / Memorandum of Law in Opposition to Motion
Fri 09/24 9:39 AM
BRIEF in Opposition re14 Motion to Dismiss for Failure to State a Claim, filed by DAVID LAURIE. (Mizner, John) |
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Att: 1
Exhibit
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| 18 | 18
order
Order ~Util - Set Hearings
Fri 09/24 9:19 AM
SCHEDULING ORDER. A Telephonic Status Conference is SCHEDULED for 9/27/21 at 9:30 AM before Chief Judge Mark R. Hornak. Please refer to6 IMPORTANT NOTICE REGARDING TELEPHONE PROCEEDINGS and use Dial-in No. 1 for this conference. Signed by Chief Judge Mark R. Hornak on 9/24/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) |
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| Thursday, September 23, 2021 | ||
| 17 | 17
misc
Status Report
Thu 09/23 1:56 PM
STATUS REPORT in response to Dkt. No. 16 regarding Combined Tactical Systems, Inc. by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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| Thursday, September 16, 2021 | ||
| 16 | 16
order
Order
Thu 09/16 4:16 PM
ORDER. Within seven (7) days of the date of this Order, counsel for the Defendant shall file a statement of position regarding the status and service of pleadings related to Combined Tactical Systems, Inc. Signed by Chief Judge Mark R. Hornak on 9/16/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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| Tuesday, September 14, 2021 | ||
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misc
QC - Proposed Order part of main document
Tue 09/14 9:47 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re14 Motion to Dismiss for Failure to State a Claim. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jjg) |
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misc
QC - Document should have been filed as 2 separate documents
Tue 09/14 9:51 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re14 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed BRIEF in Support of Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (jjg) |
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| Monday, September 13, 2021 | ||
| 15 | 15
respm
Brief / Memorandum of Law in Support of Motion
Tue 09/14 9:49 AM
BRIEF in Support re14 Motion to Dismiss for Failure to State a Claim, filed by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC. (jjg) |
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| 14 | 14
motion
Dismiss for Failure to State a Claim
Mon 09/13 8:15 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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Att: 1
Memorandum of Law,
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Att: 2
Affidavit of Donald J. Smith,
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Att: 3
Exhibit A - Air Permit,
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Att: 4
Exhibit B - DEP Report,
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Att: 5
Affirmation of Yvonne E Hennessey,
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Att: 6
Exhibit A - Employee Affidavits,
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Att: 7
Exhibit B - Spreadsheet
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| Tuesday, August 24, 2021 | ||
| 13 | 13
order
Order on Motion to Appear Pro Hac Vice
Tue 08/24 8:40 AM
ORDER GRANTING12 Motion for Danielle E. Mettler-LaFeir to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 8/24/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
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| Monday, August 23, 2021 | ||
| 12 | 12
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Mon 08/23 4:05 PM
MOTION for attorney Danielle E. Mettler-LaFeir to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6670326) by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Mettler-LaFeir, Danielle) |
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Att: 1
Affidavit Affidavit in Support of Admission Pro Hac Vice,
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Att: 2
Exhibit Exhibit A to Affidavit in Support,
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Att: 3
Proposed Order Proposed Order
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| Friday, August 20, 2021 | ||
| 11 | 11
notice
Notice of Appearance
Fri 08/20 12:25 PM
NOTICE of Appearance by Yvonne E. Hennessey on behalf of COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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| 10 | 10
order
Order on Motion to Appear Pro Hac Vice
Fri 08/20 10:19 AM
ORDER GRANTING7 Motion for Yvonne E. Hennessey to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 8/20/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jad) |
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| Thursday, August 19, 2021 | ||
| 9 | 9
service
Waiver of Service Executed
Thu 08/19 11:18 AM
WAIVER OF SERVICE Returned Executed by DAVID LAURIE, SANDRA LAURIE. COMBINED SYSTEMS, INC. waiver sent on 7/14/2021, answer due 9/13/2021; CTS-CSI HOLDINGS, INC. waiver sent on 7/14/2021, answer due 9/13/2021; PLP-CTS HOLDINGS, INC. waiver sent on 7/14/2021, answer due 9/13/2021. (Mizner, John) |
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Att: 1
Exhibit Waiver,
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Att: 2
Exhibit Waiver
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| 8 | 8
misc
Proposed Order
Thu 08/19 9:56 AM
Proposed Order re7 Motion to Appear Pro Hac Vice, by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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misc
QC - No Proposed Order Attached
Thu 08/19 8:50 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re7 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (jjg) |
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| Wednesday, August 18, 2021 | ||
| 7 | 7
motion
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Wed 08/18 3:04 PM
MOTION for attorney Yvonne E. Hennessey to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6663883) by COMBINED SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC.. (Hennessey, Yvonne) |
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Att: 1
Affidavit
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| Wednesday, July 28, 2021 | ||
| 6 | 6
notice
Notice (Other) - Do Not Use for ADR Documents
Wed 07/28 3:37 PM
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) |
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| 5 | 5
7
pgs
order
Order
Wed 07/28 3:36 PM
STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 7/28/21. (jad) |
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| 4 | 4
adr
Notice of ADR Designation
Wed 07/28 3:32 PM
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) |
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| Thursday, July 15, 2021 | ||
| 3 | 3
order
Order Reassigning Case
Thu 07/15 10:30 AM
ORDER REASSIGNING CASE. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 7/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly) |
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utility
Add and Terminate Judges
Thu 07/15 11:26 AM
Chief Judge Mark R. Hornak is presiding. (lyk) |
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| Wednesday, July 14, 2021 | ||
| 2 | 2
service
Summons Issued
Wed 07/14 9:07 AM
Summons Issued as to COMBINED SYSTEMS, INC., COMBINED TACTICAL SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC. (jjg) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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| Tuesday, July 13, 2021 | ||
| 1 | 1
22
pgs
cmp
Complaint (for Clerk of Court personnel only)
Wed 07/14 9:05 AM
COMPLAINT against COMBINED SYSTEMS, INC., COMBINED TACTICAL SYSTEMS, INC., CTS-CSI HOLDINGS, INC., PLP-CTS HOLDINGS, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-6605619), filed by DAVID LAURIE, SANDRA LAURIE. (jjg) |
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Att: 1
Civil Cover Sheet
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