LAUREL GARDENS, LLC et al v. MCKENNA et al
| Pennsylvania Eastern District Court | |
| Judge: | Jeffrey L Schmehl |
| Referred: | Timothy R Rice |
| Case #: | 5:17-cv-00570 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1962 Racketeering (RICO) Act |
| Case Filed: | Feb 07, 2017 |
| Re-opened: | Jul 02, 2024 |
| Terminated: | Aug 10, 2023 |
| Last checked: Sunday Aug 06, 2017 5:37 AM EDT |
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Defendant
TECHNIVATE, INC.
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Represented By
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Defendant
MICHAEL MCKENNA
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Represented By
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Defendant
TIMOTHY MCKENNA
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Represented By
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Defendant
MJL ENTERPRISES
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Represented By
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Defendant
ALAN PERRY
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Represented By
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Defendant
GREGORY PETTINARO
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Represented By
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Defendant
MATTHEW SIBLEY
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Represented By
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Defendant
STRIVE FORCE, LLC
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Represented By
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Defendant
BOBBY AERENSON
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Represented By
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Defendant
MARY TRESIZE
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Defendant
CHARLES WILKINSON
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Represented By
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Defendant
WILKINSON BUILDERS, LLC
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Represented By
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Defendant
CHRISTOPHER W. WRIGHT
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Represented By
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Defendant
LONGVIEW MANAGEMENT, LP
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Represented By
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Defendant
DAVID FALCONE
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Represented By
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Defendant
DON ISKEN
913 STUART ROAD
WILMINGTON, DE 19807 |
Represented By
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Defendant
PAUL ISKEN
51 GUYENCOURT ROAD
WILMINGTON, DE 19807 |
Represented By
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Defendant
SAUL EWING, LLP
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Represented By
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Defendant
JOHN SNYDER
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Represented By
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Defendant
M&M LANDSCAPING, LLC
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Represented By
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Defendant
THOMAS DIDONATO
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Represented By
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Defendant
FRANK ALCARAZ
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Represented By
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Defendant
NORMAN AERENSON
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Represented By
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Defendant
MAT SITE MANAGEMENT, LLC
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Represented By
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Defendant
KEVIN EAISE
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Represented By
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Defendant
EAISE DESIGN & LANDSCAPING, LLC
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Represented By
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Defendant
EAISE SNOW SERVICES, LLC
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Represented By
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Defendant
FRONTIER MULCH, LLC
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Represented By
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Defendant
HAINES & KIBBLEHOUSE, INC.
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Represented By
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Defendant
JOHN HYNANSKI
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Represented By
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Defendant
ISKEN ENTERPRISES, LLC
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Represented By
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Defendant
HANK JULICHER
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Represented By
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Defendant
MARGIT JULICHER
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Represented By
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Plaintiff
CHARLES P. GAUDIOSO
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Represented By
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Plaintiff
LAUREL GARDEN HOLDINGS, LLC
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Represented By
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Plaintiff
LAUREL GARDENS, LLC
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Represented By
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Plaintiff
LGSM, GP
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Represented By
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Plaintiff
AMERICAN WINTER SERVICES, LLC
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Represented By
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Unrepresented Party
ALAN PERRY
15 STABLER CIRCLE
WILMINGTON, DE 19807 |
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Unrepresented Party
BOBBY AERENSON
2213 CONCORD PIKE
WILMINGTON, DE 19803 |
Represented By
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Unrepresented Party
NORMAN AERENSON
2213 CONCORD PIKE
WILMINGTON, DE 19803 |
Represented By
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Unrepresented Party
KEVIN EAISE
28 GLASSBORO ROAD
MONROEVILLE, NJ 08313 |
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Unrepresented Party
EAISE DESIGN & LANDSCAPING, LLC
28 GLASSBORO ROAD
MONROEVILLE, NJ 08343 |
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Unrepresented Party
EAISE SNOW SERVICES, LLC
28 GLASSBORO ROAD
MONROEVILLE, NJ 08313 |
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Unrepresented Party
FRONTIER MULCH, LLC
1 QUARRY ROAD
DOUGLASSVILLE, PA 19518 |
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Unrepresented Party
CHRISTOPHER W. WRIGHT
68 CABOT DRIVE
CHESTERBROOK, PA 19807 |
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Unrepresented Party
MARY TRESIZE
23 SELBOURNE DRIVE
WILMINGTON, DE 19807 |
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Unrepresented Party
MATTHEW SIBLEY
300 WALNUT STREET
LANSDALE, PA 19446 |
Represented By
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Unrepresented Party
GREGORY PETTINARO
234 NORTH JAMES STREET
NEWPORT, DE 19804 |
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Unrepresented Party
JOHN HYNANSKI
520 S. WALNUT STREET
WILMINGTON, DE 19807 |
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Unrepresented Party
MJL ENTERPRISES
2748 SONIC DRIVE
VIRGINIA BEACH, VA 23453 |
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Unrepresented Party
TIMOTHY MCKENNA
9 NORTH HAMPTON COURT
WILMINGTON, DE 19807 |
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Unrepresented Party
MICHAEL MCKENNA
MAT SITE MANAGEMENT 3828 KENNETT PIKE, SUITE 201
GREENVILLE, DE 19807 |
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Unrepresented Party
MAT SITE MANAGEMENT, LLC
MAT SITE MANAGEMENT 3828 KENNETT PIKE, SUITE 201
GREENVILLE, DE 19807 |
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Unrepresented Party
M & M LANDSCAPING, LLC
300 WALNUT STREET
LANSDALE, PA 19446 |
Represented By
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Unrepresented Party
HAINES & KIBBLEHOUSE, INC.
2052 LURON ROAD
SKIPPACK, PA 19474 |
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Unrepresented Party
MARGIT JULICHER
534 BRIGHTON WAY
PHOENIXVILLE, PA 19460 |
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Unrepresented Party
HANK JULICHER
534 BRIGHTON WAY
PHOENIIXVILLE, PA 19460 |
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Unrepresented Party
ISKEN ENTERPRISES, LLC
1203 CHRISTIANA ROAD
NEWARD, DE 19713 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
BERNARD MEYERS
Terminated: 04/21/2017
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Defendant
MOON NURSERIES, LLC
Terminated: 04/21/2017
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Defendant
PAULISKEN
Terminated: 04/21/2017
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Defendant
JOHN PURSELL
Terminated: 04/21/2017
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Defendant
DONISKEN
Terminated: 04/21/2017
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Defendant
LONGVIEW MANAGEMENT, LLC
Terminated: 03/08/2017
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Represented By
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GPO
Dec 04 2019
MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/4/19. 12/4/19 ENTERED AND COPIES MAILED TO PRO SE DEFT. AND E-MAILED.(er, ) |
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GPO
Dec 04 2019
ORDER THAT THE MOTION IN LIMINE NO. 1 TO ADMIT THE REVISED AFFIDAVIT AND TRIAL TESTIMONY OF MATTHEW SIBLEY (ECF DOCKET NO. 276) AND PLAINTIFFS' MOTION IN LIMINE NO. 2 TO ADMIT TWO EMAILS FROM CATHERINE MCKENNA TO SHARON SIMMONS (ECF DOCKET NO. 277), ARE DENIED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/4/19. 12/4/19 ENTERED AND COPIES MAILED TO PRO SE DEFT. AND E-MAILED.(er, ) |
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GPO
Dec 20 2019
MEMORANDUM AND/OR OPINION. SIGNED BY JUDGE JEFFREY L. SCHMEHL ON 12/20/19. 12/20/19 ENTERED AND COPIES MAILED AND E-MAILED.(DT) |
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GPO
Dec 20 2019
ORDER OF 12/20/2019 THAT UPON CONSIDERATION OF THE SAUL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 258) ALL SUPPORTING AND OPPOSING PAPERS, AND FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM OPINION, IT IS HEREBY ORDERED THAT THE SAUL DEFENDANTS' MOTION IS GRANTED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 12/20/2019. 12/20/2019 ENTERED AND COPIES E-MAILED. (DT). SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 12/20/19. 12/20/19 ENTERED AND COPIES MAILED AND E-MAILED.(dt, ) |
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GPO
Jan 17 2020
MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/17/20. 1/17/20 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mas, ) |
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GPO
Jan 17 2020
ORDER THAT THE AERENSON DEFENDANTS' 265 MOTION IS GRANTED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/17/20. 1/17/20 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mas, ) |
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GPO
Feb 05 2020
MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/5/20. 2/5/20 ENTERED AND COPIES MAILED TO PRO SE DEFT. AND E-MAILED.(er, ) |
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GPO
Feb 05 2020
HONORABLE JEFFREY L. SCHMEHL ON 2/5/20. 2/5/20 ENTERED AND COPIES MAILED TO PRO SE DEFTS. AND E-MAILED.(er, )ORDER THAT THOMAS DIDONATOS MOTION FOR SUMMARY JUDGMENT (ECF DOCKET NO. 272), ALL SUPPORTING AND OPPOSING PAPERS, ALL MATERIALS INCORPORATED BY REFERENCE, AND FOR THE REASONS STATED IN THE ACCOMPANYING MEMORANDUM OPINION, IS GRANTED. SIGNED BY |
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GPO
Apr 15 2020
MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 4/15/20. 4/15/20 ENTERED AND COPIES (NOT MAILED TO PRO SE DEFT'S. )AND E-MAILED.(er, ) |
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GPO
Apr 15 2020
ORDER MOTION FOR SUMMARY JUDGMENT (ECF DOCKET NO. 273), IS DENIED ON ALL COUNTS. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 4/15/20. 4/15/20 ENTERED AND COPIES (NOT MAILED TO PRO SE DEFT.) AND E-MAILED.(er, ) |
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GPO
Nov 18 2020
MEMORANDUM AND/OR OPINION. SIGNED BY JUDGE JEFFREY L. SCHMEHL ON 11/18/20. 11/18/20 ENTERED AND COPIES E-MAILED. (COPY NOT MAILED TO PRO SE DEFENDANT)(dt, ) |
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GPO
Nov 18 2020
ORDER OF 11/18/20 THAT UPON REVIEW OF FRONTIER MULCH LLC'S MOTION FOR SUMMARY JUDGMENT (ECF #330), IT IS HEREBY ORDERED THAT FRONTIER'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. FRONTIER IS DISMISSED FROM THE CASE, AND FRONTIER'S MOTION FOR APPROVAL OF DISMISSAL (ECF # 376) IS DENIED AS MOOT.. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 11/18/20. 11/18/20 ENTERED AND COPIES E-MAILED. (COPY NOT MAILED TO PRO SE DEFENDANT (DT) |
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GPO
May 18 2021
MEMORANDUM AND/OR OPINION.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 5/17/21. 5/18/21 ENTERED AND COPIES E-MAILED. (copy not mailed to pro se defendant and counsel(dt, ) |
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GPO
May 18 2021
ORDER OF 5/17/21 THAT UPON REVIEW OF THE MOTIONS BEFORE THE COURT, AND THE RESPONSES THERETO, IT IS HEREBY ORDERED THAT THE ISKEN DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS, ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT (ECF 342), IS DENIED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDM OPINION.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 5/17/21. 5/18/21 ENTERED AND COPIES E-MAILED.(COPY NOT MAILED TO PRO SE AND COUNSEL)(dt, ) |
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GPO
Aug 10 2023
MEMORANDUM AND/OR OPINION OF 8/10/23. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 8/10/23. 8/10/23 ENTERED AND COPIES E-MAILED COPIES NOT MAILED TO PRO SE DEFENDANT.(dt) |
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GPO
Aug 10 2023
ORDER OF 8/10/23 THAT UPON CONSIDERATION OF THE MOTION FOR SUMMARY JUDGMENT (ECF NO. 441, 442, 452-53, AND CERTAIN DEFENDANTS' REPLY IN SUPPORT THEREOF (ECF NO. 456), AND AFTER ORAL ARGUMENT HEARING ON MAY 23, 2023, IT IS HEREBY ORDERED THAT, FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM, THE MOTIONS ARE GRANTED AND THE CAUSE IS DISMISSED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 8/10/23. 8/10/23 ENTERED AND COPIES E-MAILED COPY NOT MAILED TO PRO SE DEFENDANT. |
| Docket last updated: 2 hours ago |
| Friday, April 25, 2025 | ||
| 521 | 521
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pgs
order
Order
Mon 04/28 7:19 AM
STIPULATION AND ORDER OF 4/25/25 THAT THE DEADLINE FOR DEFENDANTS TO FILE THEIR REPLY BRIEFS BE MOVED FROM APRIL 28, 2025 TO MAY 8, 2025. ALL REMAINING DATES REMAIN UNCHANGED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 4/25/25. 4/28/25 ENTERED AND COPIES E-MAILED.(dt) |
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| 520 | 520
misc
Stipulation
Fri 04/25 2:06 PM
STIPULATION re512 MOTION for Summary Judgment ,511 MOTION in Limine TO EXCLUDE DAMAGES TESTIMONY OF MESSRS. GEORGE WILLIAM MINNER, JR., AND CHARLES P. GAUDIOSO to Extend Time by DON ISKEN, PAUL ISKEN, ISKEN ENTERPRISES, LLC. (O'KELLY, SEAN) |
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misc
Remark
Fri 04/25 8:04 AM
DOC. NO.519 MAILED TO PRO SE ON 4/25/25. (amas) |
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| Thursday, April 24, 2025 | ||
| 519 | 519
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order
Order on Motion for Leave to File Excess Pages
Thu 04/24 1:44 PM
ORDER OF 4/24/25 THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE EXCESS PAGES (ECF 514) IS GRANTED AND PLAINTIFF'S MOTION FOR LEAVE TO FILE A REPLY (ECF NO. 516) IS DENIED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 4/24/25.4/24/25 ENTERED AND COPIES E-MAILED. (COPIES NOT MAILED TO PRO SE)(dt) |
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| 518 | 518
respm
Response in Opposition to Motion
Mon 04/21 1:49 PM
RESPONSE in Opposition re512 MOTION for Summary Judgment ,509 MOTION for Summary Judgment filed by AMERICAN WINTER SERVICES, LLC, CHARLES P. GAUDIOSO, LAUREL GARDEN HOLDINGS, LLC, LAUREL GARDENS, LLC, LGSM, GP.(BERRY, KEVIN) |
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Att: 1
Brief in Response to the Isken and Julicher Defendants' Third Motions for Summary Judgment,
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Att: 2
Text of Proposed Order,
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Att: 3
Declaration of Robert Toland II, Esquire Regarding the Exhibits Accompanying Plaintiffs' Brief in Response to Motions for Summary Judgment,
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Att: 4
Exhibit 01 - Charles P. Gaudioso Deposition, transcript excerpts (Apr. 28, 2022),
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Att: 5
Exhibit 02 - Charles P. Gaudioso Affidavit (Oct. 3, 2019), with attached affidavits dated June 27, 2019, July 18, 2019, August 29, 2019, and September 23, 2019 (Bates Numbered GA:1 GA:35),
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Att: 6
Exhibit 03 - Agreement of Sale between Timothy McKenna and Charles Gaudioso (July 25, 2012),
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Att: 7
Exhibit 04 - Ronald Coruzzi Deposition, transcript excerpts (Mar. 20, 2019),
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Att: 8
Exhibit 05 - State of Delaware, Limited Liability Company Certificate of Formation, MAT Site Management (Sept. 5, 2014),
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Att: 9
Exhibit 06 - Christopher Wright Deposition, transcript excerpts (Sept. 17, 2018),
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Att: 10
Exhibit 07 - Loan Agreement between Margit S. Julicher, Laurel Gardens Holdings, and Laurel Gardens (Oct. 2, 2013),
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Att: 11
Exhibit 08 - Settlement Agreement between Laurel Gardens, Laurel Gardens Holdings, American Winter Services, Charles Gaudioso, and Timothy McKenna (Nov. 5, 2014),
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Att: 12
Exhibit 09 - Settlement & General Mutual Release Agreement between Moon Nurseries, Laurel Gardens, and Laurel Gardens Holdings (June 27, 2015),
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Att: 13
Exhibit 10 - Agreement between MAT Site Management and Margit Julicher (Mar. 11, 2015),
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Att: 14
Exhibit 11 - Laurel Gardens Holdings, LLC v. McKenna, C.A. 10491-VCP, Stipulated Agreed Order (Del. Ch. Mar. 18, 2015),
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Att: 15
Exhibit 12 - Charles Gaudioso Deposition, transcript excerpts (May 19, 2019),
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Att: 16
Exhibit 13 - Ronald Coruzzi Deposition, transcript excerpts (Apr. 10, 2019),
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Att: 17
Exhibit 14 - Henry Julicher Deposition, transcript excerpts (Aug. 30, 2019),
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Att: 18
Exhibit 15 - James Porter Deposition, transcript excerpts (June 27, 2023),
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Att: 19
Exhibit 16 - Loan Agreement between Margit S. Julicher and Timothy McKenna (June 2, 2014),
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Att: 20
Exhibit 17 - Loan Agreement between Margit S. Julicher and McKenna American (Apr. 21, 2014),
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Att: 21
Exhibit 18 - Julicher v. MAT Site Mgmt., LLC, No. 2016-9927, Compl. Conf. J. (Pa. Ct. Com. Pl., Chester Cnty., Oct. 18, 2016),
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Att: 22
Exhibit 19 - Laurel Gardens, LLC v. McKenna, No. 17-570, Julicher Mem. Op. (E.D. Pa. Apr. 15, 2020) (ECF No. 334),
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Att: 23
Exhibit 20 - Donald Isken Deposition, transcript excerpts (Nov. 11, 2020),
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Att: 24
Exhibit 21 - Note on loan from Isken Enterprises to Timothy McKenna and Catharine McKenna (Jan. 24, 2007),
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Att: 25
Exhibit 22 - Letter from Timothy and Catharine McKenna to Donald Isken (Oct. 13, 2015),
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Att: 26
Exhibit 23 - Check from Bernard and Rosa Meyers to Donald Isken (Oct. 14, 2015),
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Att: 27
Exhibit 24 - Check from MAT Site Management to Donald Isken (Oct. 14, 2015),
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Att: 28
Exhibit 25 - Table of Loans from Isken Enterprises to Tim McKenna,
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Att: 29
Exhibit 26 - Promissory Notes from Timothy McKenna to Isken Enterprises,
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Att: 30
Exhibit 27 - Assorted Emails between Donald and Paul Isken and Timothy McKenna (redacted),
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Att: 31
Exhibit 28 - Notice of Sheriffs Sale (July 11, 2014),
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Att: 32
Exhibit 29 - Invoice from American Winter Services to Donald Isken (July 30, 2014),
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Att: 33
Exhibit 30 - Charles P. Gaudioso Affidavit (Dec. 24, 2020),
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Att: 34
Exhibit 31 - Invoice from American Winter Services to Homewood Suites (Apr. 15, 2014),
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Att: 35
Exhibit 32 - Donald Isken Affidavit (May 16, 2017),
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Att: 36
Exhibit 33 - Paul Isken Affidavit (May 16, 2017),
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Att: 37
Exhibit 34 - Laurel Gardens, LLC v. McKenna, No. 17-570, Isken Mem. Op. (E.D. Pa. May 17, 2021) (ECF No. 400),
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Att: 38
Exhibit 35 - McKenna Room Analysis prepared by the Iskens,
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Att: 39
Exhibit 36 - Timothy McKenna Deposition, transcript excerpts (Apr. 27, 2022),
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Att: 40
Exhibit 37 - Assorted Emails to Paul Isken (redacted),
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Att: 41
Exhibit 38 - Paul Isken Deposition, transcript excerpts (Nov. 11, 2020),
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Att: 42
Exhibit 39 - Letter from Donald Isken to Timothy McKenna (Feb. 7, 2012); email from Donald Isken to William Rhodunda (June 8, 2016),
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Att: 43
Exhibit 40 - Assorted pleadings in: Isken Enterprises, LLC v. McKenna, C.A. N12C-05-227 (Del. Super.); Deutsche Bank Natl Trust Co. v. McKenna, C.A. 10014-ML (Del. Ch.),
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Att: 44
Exhibit 41 - Letter from Charles Brown, Esq., to Walter Weir, Esq. (Dec. 2, 2014),
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Att: 45
Exhibit 42 - Laurel Gardens Holdings, LLC v. McKenna, No. 10491-VCP, Hrg Tr. (Del. Ch. Jan. 2, 2015),
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Att: 46
Exhibit 43 - Laurel Gardens Holdings, LLC v. McKenna, No. 10491-VCP, TRO (Del. Ch. Jan. 16, 2015),
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Att: 47
Exhibit 44 - Charles Wilkinson Deposition, transcript excerpts (Oct. 17, 2019),
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Att: 48
Exhibit 45 - Frank Alcaraz Deposition, transcript excerpts (Oct. 16, 2019)
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| 517 | 517
respm
Response in Opposition to Motion
Mon 04/21 10:41 AM
RESPONSE in Opposition re511 MOTION in Limine TO EXCLUDE DAMAGES TESTIMONY OF MESSRS. GEORGE WILLIAM MINNER, JR., AND CHARLES P. GAUDIOSO ,510 MOTION to Preclude filed by AMERICAN WINTER SERVICES, LLC, CHARLES P. GAUDIOSO, LAUREL GARDEN HOLDINGS, LLC, LAUREL GARDENS, LLC, LGSM, GP.(BERRY, KEVIN) |
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Att: 1
Text of Proposed Order,
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Att: 2
Brief in Response to Motions in Limine,
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Att: 3
Declaration of Robert Toland II, Esquire Regarding Exhibit Accompanying Plaintiffs' Brief,
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Att: 4
Exhibit 1 - Letter from Stephen J. Scherf, CPA, ABVCFF, CDBV, CFE, CICA, CIRA, CTP, CVA, to Robert Toland II, Esq. (Feb. 27, 2025)
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| Friday, April 18, 2025 | ||
| 516 | 516
motion
Leave to File Document
Fri 04/18 4:44 PM
MOTION for Leave to File Reply filed by LAUREL GARDENS, LLC.Motion for Leave to File a Reply in Support of their Motion to Exceed Page Limit for their Response to Defendants' Third Motions for Summary Judgment.(BERRY, KEVIN) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Certificate of Service Certificate of Service
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| 515 | 515
respm
Response in Opposition to Motion
Fri 04/18 2:57 PM
RESPONSE in Opposition re514 MOTION for Leave to File Excess Pages filed by DON ISKEN, PAUL ISKEN, ISKEN ENTERPRISES, LLC.(O'KELLY, SEAN) |
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Att: 1
Exhibit A
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