Pennsylvania Middle District Court
Judge:Matthew W Brann
Case #: 4:15-cv-00371
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Personal Injury
Case Filed:Feb 18, 2015
Terminated:Nov 28, 2023
Last checked: Monday Aug 17, 2015 7:48 AM EDT
Defendant
Electrolux Home Products, Inc.
Represented By
David R. Fine
K&l Gates LLP
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Patrick J. Perrone
K&l Gates LLP
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Loly G. Tor
K&l Gates, LLP
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Plaintiff
Elaine Rice
Represented By
Jason S. Kilene
Gustafson Gluek PLLC
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Sean P. McDonough
Dougherty, Leventhal & Price, L.L.P.
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Joseph G. Price
Dougherty Leventhal & Price, LLP
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Patrick Howard
Saltz, Mongeluzzi, Barrett & Bendesky, P.C.
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Simon B. Paris
Saltz, Mongeluzzi, Barrett & Bendesky, P.C.
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Charles Kocher
Saltz, Mongeluzzi, Barrett & Bendesky, P.C.
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Paul T. Oven
Dougherty Leventhal & Price, LLP
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Daniel E Gustafson
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Sara Payne
Gustafson Gluek PLLC
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GPO Jul 28 2015
MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 7/28/15. (lg)
GPO Jul 28 2015
ORDER (memorandum filed previously as separate docket entry). Dfts motion to strike (doc 8) is granted with leave to amend; Court will sua sponte strike Count Eight with prejudice; dfts motion to dismiss (doc 10) is granted in part and denied in part; plaintiff may, within 21 days, file an amended complaint (see order for complete details). Signed by Honorable Matthew W. Brann on 7/28/15. (lg)
GPO Jan 10 2017
MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 1/10/17. (lg)
GPO Jan 10 2017
ORDER (memorandum filed previously as separate docket entry): this action properly invokes the Court's subject matter jurisdiction; it will therefore be retained in the federal forum. Signed by Honorable Matthew W. Brann on 1/10/17. (lg)
GPO Jan 10 2017
ORDER (opinion): no later than 1/31/17 the parties shall refile under seal any pleadings in this or any other case that attach or incorporate the confidential information set forth in dft's supplemental responses to pltf's first set of interrogatories. Signed by Honorable Matthew W. Brann on 1/10/17. (lg)
GPO Feb 20 2018
MEMORANDUM (Order to follow as separate docket entry) re: 117 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Electrolux Home Products, Inc. Signed by Honorable Matthew W. Brann on 2/20/2018. (jr) (Main Document 125 replaced on 2/23/2018) (jr).
GPO Feb 20 2018
ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that 117 Defendant Electrolux Home Products, Inc.'s Partial Motion to Dismiss is GRANTED in part and DENIED in part. Plaintiffs are GRANTED leave to amend their complaint, as indicated in the accompanying Memorandum Opinion, no later than twenty-one (21) days from the date of this Order. (See Order for complete details.) Signed by Honorable Matthew W. Brann on 2/20/2018. (jr)
GPO Mar 28 2018
REDACTED MEMORANDUM dated June 17, 2016. Signed by Honorable Matthew W. Brann on 3/28/2018. (jr)
GPO Aug 20 2018
MEMORANDUM OPINION (Order to follow as separate docket entry). Signed by Honorable Matthew W. Brann on 8/20/18. (lg)
GPO Aug 20 2018
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiffs' motion for retransfer to the USDC Eastern District of California or in the alternative to consolidate is granted in part and denied in part; motion granted to the extent that it requests the consolidation of this action with Rice/Kukich vs. Electrolux Home Products, Inc. No. 4:15-CV-371 and Mauro vs. Electrolux Home Products, Inc. et al No. 4:18-CV-539; Plaintiffs in the now consolidated actff's motion to retransfer (doc 75 in 4:18-CV-539). See order for further/complete details). Signed by Matthew W. Brann on 8/20/18. (lg) Modified on 9/25/2018 (jr).ion are directed to file an Amended Complaint within 30 days; motions to dismiss in all three actions will be denied as moot; Clerk directed to docket Plaintiffs' ex parte motion to allow alternative service (doc 133 in 4:17-CV-2028) and Plainti
GPO Oct 15 2018
MEMORANDUM (Order to follow as separate docket entry) re: 160 MOTION to allow alternative service on Defendants Midea Microwave and Electrical Appliances Co. Ltd. and Sharp Appliances Thailand Limited filed by Erika Mendoza, James Hunt. Signed by Honorable Matthew W. Brann on 10/15/2018. (jr)
GPO Oct 15 2018
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiffs' 160 Ex Parte Motion to Allow Alternative Service on Defendants Midea Microwave and Electrical Appliances Manufacturing Co., Ltd. and Sharp Appliances Thailand Limited Pursuant to Federal Rule of Civil Procedure 4(f)(3) is GRANTED in part and DENIED in part. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 10/15/2018. (jr)
GPO Jan 15 2020
MEMORANDUM (Order to follow as separate docket entry) re: 208 MOTION to Dismiss for Lack of Jurisdiction filed by Sharp Appliances Thailand Limited, 211 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lowe's Home Centers, LLC, Electrolux Home Products, Inc., Modesto Direct Appliance, Inc., 206 MOTION to Dismiss for Lack of Jurisdiction filed by Sharp Manufacturing Company of America, a Division of Sharp Electronics Corporation, 210 MOTION to Dismiss filed by Midea America Corp., and 209 MOTION to Dismiss filed by Midea Microwave and Electrical Appliances Manufacturing Co., Ltd. Signed by Honorable Matthew W. Brann on 1/15/2020. (jr)
GPO Jan 15 2020
(VACATED per 8/13/2020 order of Court to the extent that it is inconsistent with said order) ORDER (memorandum filed previously as separate docket entry)- IT IS HEREBY ORDERED that Defendant Sharp America's 206 Motion to Dismiss is GRANTED; Defendant Sharp Thailand's 208 Motion to Dismiss is GRANTED; Defendant Midea China's 209 Motion to Dismiss is GRANTED; Defendant Midea America's 210 Motion to Dismiss is GRANTED; and Defendants Electrolux, Lowe's, and Modesto's 211 Partial Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. (See Order for further details.) Signed by Honorable Matthew W. Brann on 1/15/2020. (jr) Modified on 8/13/2020 (lg).
GPO Aug 13 2020
MEMORANDUM OPINION (Order to follow as separate docket entry) re 250 MOTION for Reconsideration, 248 1/15/2020 ORDER and 264 MOTION seeking relief from final order. Signed by Honorable Matthew W. Brann on 8/13/2020. (lg)
GPO Aug 13 2020
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that 250 Plaintiffs' motion for partial reconsideration is granted in part and denied in part; The Court reconsiders 248 its January 15, 2020 decision to dismiss with prejudice Plaintiffs' Erika Mendoza and James Hunts First and Second Causes of Action; Plaintiffs may file their amended complaint by August 27, 2020; The Court reconsiders 248 its January 15, 2020 decision to dismiss with prejudice Plaintiffs' Erika Mendoza and James Hunts three Causes of Action as asserted against Defendant Midea Microwave and Electrical Appliances Manufactured Company, Limited and against Defendant Sharp Appliances Thailand Limited; These claims are reinstated for the purpose of retransfer; Mendoza and Hunts entire Action is retransferred to the Eastern District of California; The Court reconsiders 248 its January 15, 2020 decision to dismiss with prejudice Plaintiff Dean Mauros First Cause of Action as asserted against Defendants Electrolux Home Products, Inc. and Lowes Home Centers, LLC; this Cause of Action is reinstated and dismissed without prejudice; all other aspects of relief that Plaintiffs have raised in their Motion for Partial Reconsideration, or in the alternative, for Interlocutory Appeal are denied; 264 Plaintiffs' Motion Pursuant to Federal Rule of Civil Procedure 60(b)Seeking Relief From This Courts Final Order Dismissing Plaintiff Rice's Tort-Based Claims With Prejudice is denied; 248 the Court's January 15, 2020 Order is VACATED to the extent that it is inconsistent with the above; the caption is amended (see order re new caption). (Please see order for further/complete details and deadlines.) Signed by Honorable Matthew W. Brann on 8/13/2020. (lg)
GPO Mar 10 2021
MEMORANDUM (Order to follow as separate docket entry) re: 279 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Third Amended Consolidated Class Action Complaint in Part filed by Lowe's Home Centers, LLC and Electrolux Home Products, Inc. Signed by Honorable Matthew W. Brann on 3/10/2021. (jr)
GPO Mar 10 2021
by Honorable Matthew W. Brann on 3/10/2021. (jr)ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendants' 279 motion to dismiss is GRANTED IN PART AND DENIED IN PART. Defendants' answer to the complaint is due no later than 3/31/2021. Signed

Docket last updated: 09/13/2024 11:59 PM EDT
Tuesday, November 28, 2023
misc Docket Annotation Tue 11/28 12:35 PM
DOCKET ANNOTATION: Case CLOSED pursuant to300 Notice of Voluntary Dismissal with Prejudice. (jr)
Related: [-]
Monday, November 27, 2023
300 300 notice Notice of Voluntary Dismissal Mon 11/27 2:32 PM
NOTICE of Voluntary Dismissal by Alex Kukich, Dean Mauro, Elaine Rice (Paris, Simon)
Related: [-]