Pennsylvania Middle District Court
Judge:Karoline Mehalchick
Case #: 3:24-cv-02124
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-Personal Injury
Case Filed:Dec 10, 2024
Case in other court:Pennsylvania Eastern, 2:24-cv-02903
Last checked: Tuesday Dec 10, 2024 5:12 PM EST
Cross Claimant
Penn Estates Property Owners Association
Represented By
Anthony P. Trozzolillo
The Chartwell Law Offices, LLP
contact info
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Cross Defendant
Ostap Bender, LLC
Represented By
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Defendant
Ostap Bender, LLC
52 Shawnee Road
Trumbull, CT 06611
Represented By
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Defendant
Penn Estates Property Owners Association
Represented By
Anthony P. Trozzolillo
The Chartwell Law Offices, LLP
contact info
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Plaintiff
Lateef Cook
Individually and as parent and natural guardian of Tahj Cook, a minor 39 Horton Hill Road
Naugatuck, CT 06770
Represented By
Samuel I. Reich
Lewis Brisbols Bisgaard & Smith LLP
contact info
Griffin Remick
Laffey, Bucci & Kent
contact info
TERMINATED PARTIES
Cross Defendant
AIRBNB, INC.
Terminated: 09/17/2024
Represented By
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Kelly J. Fox
Gerolamo, Mcnulty, Divis & Lewbart
contact info
Defendant
AIRBNB, INC.
Terminated: 09/16/2024
888 Brannan Street
San Francisco, CA 94103
Represented By
John Reed Evans
Mcgivney Kluger Clark And Intoccia PC
contact info
Kelly J. Fox
Gerolamo, Mcnulty, Divis & Lewbart
contact info


Docket last updated: 12/20/2024 11:59 PM EST
Wednesday, December 18, 2024
40 40 order Scheduling Order Wed 12/18 1:43 PM
SCHEDULING ORDER: Case Management Conference set for 1/17/2025 03:15 PM before Honorable Karoline Mehalchick. Signed by Honorable Karoline Mehalchick on 12/18/2024. (cw)
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Tuesday, December 17, 2024
39 39 2 pgs order Order Re: Case Assignment and Procedures Tue 12/17 1:55 PM
ORDER Re: Case Assignment and Procedures Signed by Honorable Karoline Mehalchick on 12/17/2024. (cw)
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Tuesday, December 10, 2024
38 38 transfer Case Transferred In - District Transfer Tue 12/10 3:32 PM
Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:24-cv-02903 containing electronic documents. (ao)
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37 37 1 pgs order Order on Motion for Joinder Order on Motion to Change Venue Tue 12/10 1:56 PM
ORDER THAT PLAINTIFF'S MOTION TO JOIN IN DEFENDANT (DOC. NO. 36) IS GRANTED. IT IS FURTHER ORDERED THAT DEFENDANT'S FIRST MOTION TO TRANSFER VENUE TO THE MIDDLE DISTRICT OF PENNSYLVANIA (DOC. NO. 33) IS GRANTED BY AGREEMENT. THE CLERK OF COURT IS DIRECTED TO TRANSFER THIS CASE TO THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 12/10/2024.12/10/2024 ENTERED AND COPIES E-MAILED.(ahf)
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36 36 motion Joinder Tue 12/10 11:08 AM
MOTION for Joinder of Defendant's Motion to Transfer Venue filed by Lateef Cook.Certificate of Service.(REICH, SAMUEL)
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Wednesday, December 04, 2024
35 35 ORDER THAT PLAINTIFF MAY RESPOND TO DEFENDANT OSTAP BENDER, LLC'S MOTION TO CHANGE VENUE NO LATER THAN 12/11/2024. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 12/4/2024. 12/4/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Friday, November 15, 2024
34 34 EXHIBIT A to 33 Motion to Transfer Venue by Ostap Bender, LLC.. (EVANS, JOHN) Modified on 11/18/2024 (tjd). [Transferred from Pennsylvania Eastern on 12/10/2024.]
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33 33 First MOTION to Change Venue to the Middle District of Pennsylvania filed by Ostap Bender, LLC.Memorandum, Certificate of Service.(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Memorandum Memorandum of Law in Support of Motion to Transfer Venue,
Att: 2 Certificate of Service Certificate of Service
Wednesday, November 13, 2024
32 32 ORDER THAT PLAINTIFF'S MOTION TO REMAND (DOC. NO. 5) IS DENIED AS MOOT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 11/13/2024.11/13/2024 ENTERED AND COPIES E-MAILED.(ahf) (Main Document 32 replaced on 11/15/2024) (ahf). [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Tuesday, November 05, 2024
31 31 ORDER THAT PLAINTIFF'S AMENDED MOTION TO REMAND (DOC. NO. 22) IS DENIED. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 11/4/2024.11/5/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Tuesday, September 17, 2024
30 30 STIPULATION AND ORDER THAT DEFENDANT AIRBNB, INC. IS HEREBY DISMISSED FROM THIS ACTION WITHOUT PREJUDICE. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 9/17/2024. 9/17/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Monday, September 16, 2024
29 29 STIPULATION of Dismissal by AIRBNB, INC.. (FOX, KELLY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Friday, September 13, 2024
28 28 Answer, Crossclaim, and Affirmative Defenses of Penn Estates Property Owners Association ANSWER to Complaint , CROSSCLAIM against All Defendants by PENN ESTATES PROPERTY OWNERS ASSOCIATION.(TROZZOLILLO, ANTHONY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Certificate of Service
Friday, September 06, 2024
27 27 ANSWER to Complaint together with Affirmative Defenses by Ostap Bender, LLC.(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Thursday, August 22, 2024
26 26 RESPONSE in Support re22 Amended MOTION to Remand filed by Lateef Cook. (REICH, SAMUEL) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Wednesday, August 21, 2024
25 25 RESPONSE in Opposition re22 Amended MOTION to Remand filed by Ostap Bender, LLC.(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Text of Proposed Order Proposed Order,
Att: 2 Memorandum Memo of Law,
Att: 3 Certificate of Service Certificate of Service,
Att: 4 Exhibit Exhibit A,
Att: 5 Exhibit Exhibit B
24 24 Second Stipulation to Extend Time regarding ANSWER to Complaint by PENN ESTATES PROPERTY OWNERS ASSOCIATION.(TROZZOLILLO, ANTHONY) Modified on 8/22/2024 (tjd). [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Monday, August 19, 2024
23 23 STIPULATION AND ORDER THAT DEFENDANT OSTAP BENDER, LLC IS GRANTED AN EXTENSION OF TIME UNTIL 9/19/2024 IN WHICH TO FILE A PLEADING IN RESPONSE TO PLAINTIFF'S COMPLAINT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 8/19/2024. 8/19/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Friday, August 16, 2024
22 22 Amended MOTION to Remand filed by Lateef Cook.Memorandum.(REICH, SAMUEL) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Thursday, August 15, 2024
21 21 STIPULATION to Extend Time to Answer by Ostap Bender, LLC. (EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Thursday, August 08, 2024
20 20 STIPULATION AND ORDER THAT DEFENDANT AIRBNB, INC. IS GRANTED AN EXTENSION OF TIME UNTIL 9/18/2024 IN WHICH TO FILE A PLEADING IN RESPONSE TO PLAINTIFF'S COMPLAINT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 8/8/2024. 8/8/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Wednesday, August 07, 2024
19 19 STIPULATION to Extend Time to File responsive pleading-second by AIRBNB, INC.. (FOX, KELLY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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18 18 NOTICE of Appearance by ANTHONY P. TROZZOLILLO on behalf of PENN ESTATES PROPERTY OWNERS ASSOCIATION (TROZZOLILLO, ANTHONY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Monday, July 22, 2024
17 17 STIPULATION AND ORDER, THAT DEFENDANTS OSTAP BENDER, LLC AND PENN ESTATES PROPERTY OWNERS ASSOCIATION ARE GRANTED AN EXTENSION OF TIME UNTIL AUGUST 19, 2024 IN WHICH TO FILE A PLEADING IN RESPONSE TO PLAINTIFFS COMPLAINT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 7/22/2024. 7/23/2024 ENTERED AND COPIES E-MAILED.(sg) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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16 16 STIPULATION to Extend Time to Answer Plaintiff's Complaint by Ostap Bender, LLC, PENN ESTATES PROPERTY OWNERS ASSOCIATION. (EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Thursday, July 18, 2024
15 15 STIPULATION AND ORDER TO EXTEND TIME THAT DEFNDANT AIRBNB, INC. IS GRANTED AN EXTENSION OF TIME UNTIL 8/19/2024 IN WHICH TO FILE A PLEADING IN RESPONSE TO PLAINTIFF'S COMPLAINT.. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 07/18/2024. 07/19/2024 ENTERED AND COPIES E-MAILED.(nd) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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14 14 STIPULATION of Extension of Time to File Responsive Pleading by AIRBNB, INC.. (FOX, KELLY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Wednesday, July 17, 2024
13 13 NOTICE of Withdrawal of Appearance by JOHN REED EVANS on behalf of AIRBNB, INC. (EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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12 12 RESPONSE in Opposition re5 MOTION to Remand filed by AIRBNB, INC..(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Exhibit Exhibit A
Tuesday, July 16, 2024
11 11 AMENDED NOTICE OF REMOVAL by AIRBNB, INC. (nd) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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10 10 ORDER THAT UPON CONSIDERATION OF DEFENDANT AIRBNB, INC'S MOTION TO AMEND/CORRECT PLEADING (ECF NO.9 ) IS GRANTED, THE CLERK OF COURT SHALL FILE EXHIBIT A (ECF NO.9 -1) AS AN AMENDED NOTICE OF REMOVAL. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 07/16/2024.07/17/2024 ENTERED AND COPIES E-MAILED.(nd) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Monday, July 15, 2024
9 9 MOTION to Amend/Correct1 Notice of Removal (Attorney) filed by AIRBNB, INC..Certificate of Service.(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Exhibit A
8 8 Praecipe to Reinstate Complaint by Lateef Cook.(REICH, SAMUEL) Modified on 7/16/2024 (tjd). [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Complaint,
Att: 2 Complaint
Thursday, July 11, 2024
7 7 NOTICE of Appearance by JOHN REED EVANS on behalf of Ostap Bender, LLC, PENN ESTATES PROPERTY OWNERS ASSOCIATION with Certificate of Service(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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6 6 NOTICE of Appearance by KELLY J. FOX on behalf of AIRBNB, INC. (FOX, KELLY) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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5 5 MOTION to Remand filed by Lateef Cook.Memorandum.(REICH, SAMUEL) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B
Tuesday, July 09, 2024
4 4 Arbitration Certification that case exceeds the sum of $150,000.00 exclusive of interest and costs or relief other than monetary damages is sought (REICH, SAMUEL) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Wednesday, July 03, 2024
3 3 ORDER THAT IF COUNSEL IS CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(b)(6), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 7/3/2024. 7/3/2024 ENTERED AND COPIES E-MAILED.(ahf) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Tuesday, July 02, 2024
2 2 Letter re: Arbitration Certification(sbt) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Arbitration Certification Form
1 1 NOTICE OF REMOVAL by AIRBNB, INC. (Filing fee $ 405 receipt number APAEDC-17576201), filed by AIRBNB, INC..(EVANS, JOHN) [Transferred from Pennsylvania Eastern on 12/10/2024.]
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Att: 1 Exhibit Exhibits A & B,
Att: 2 Civil Cover Sheet,
Att: 3 Designation Form