Pennsylvania Western District Court
Judge:Maureen P Kelly
Case #: 2:19-cv-01366
Nature of Suit320 Torts - Personal Injury - Assault, Libel, & Slander
Cause28:1332 Diversity-Other
Case Filed:Oct 23, 2019
Last checked: Monday Apr 20, 2020 4:48 AM EDT
Defendant
LIBEROS LLC
Represented By
Philip J. Sbrolla
Cipriani & Werner, P.C.
contact info
William B. Pentecost, Jr.
Cipriani & Werner, P.C.
contact info
Jennifer M. Swistak
Cipriani & Werner
contact info
Defendant
NICOLE PRAUSE
Represented By
William B. Pentecost, Jr.
Cipriani & Werner, P.C.
contact info
Jennifer M. Swistak
Cipriani & Werner
contact info
Plaintiff
ALEXANDER RHODES
Represented By
Alicia M. Schmitt
contact info
Andrew C Stebbins
Minc LLC
contact info


Docket last updated: 4 hours ago
Friday, June 19, 2020
39 39 notice Notice (Other) - Do Not Use for ADR Documents Fri 06/19 1:38 PM
NOTICE Subpoena to Siegle by ALEXANDER RHODES (Stebbins, Andrew)
Related: [-]
Att: 1 Subpoena Subpoena Duces Tecum to Siegle
38 38 notice Notice (Other) - Do Not Use for ADR Documents Fri 06/19 1:25 PM
NOTICE Subpoena to Twitter, Inc. by ALEXANDER RHODES (Stebbins, Andrew)
Related: [-]
Att: 1 Subpoena Subpoena Duces Tecum to Twitter
Thursday, May 21, 2020
37 37 notice Notice (Other) - Do Not Use for ADR Documents Thu 05/21 2:18 PM
NOTICE of Subpoena to Pennsylvania Department of State by ALEXANDER RHODES (Stebbins, Andrew)
Related: [-]
Att: 1 Subpoena Subpoena to Pennsylvania Department of State
36 36 notice Notice (Other) - Do Not Use for ADR Documents Thu 05/21 2:14 PM
NOTICE of Subpoena to University of Pittsburgh by ALEXANDER RHODES (Stebbins, Andrew)
Related: [-]
Att: 1 Subpoena Subpoena to University of Pittsburgh
Sunday, May 17, 2020
notice Notice re NextGen Sun 05/17 7:50 AM
FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found[LINK:here] . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's[LINK:administrative order] for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
Related: [-]
Friday, May 15, 2020
35 35 respm Brief / Memorandum of Law in Support of Motion Mon 05/18 11:27 AM
BRIEF in Support re33 Motion for Leave for Jurisdictional Discovery filed by ALEXANDER RHODES. (jmm)
Related: [-]
34 34 1 pgs order Order on Motion for Discovery Fri 05/15 1:43 PM
ORDER granting33 Motion for Leave for Jurisdictional Discovery. The Court grants the parties until July 15, 2020 to complete such limited discovery. The Evidentiary Hearing previously scheduled for June 15, 2020 is continued until August 20, 2020 at 9:00 a.m. in Courtroom 9C. Each party may file a supplemental brief on the issue of jurisdiction by July 24, 2020. Signed by Magistrate Judge Maureen P. Kelly on 05/15/2020. (tjw)
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33 33 motion Discovery Fri 05/15 11:38 AM
MOTION for Discovery Leave for Jurisdictional Discovery by ALEXANDER RHODES. (Stebbins, Andrew)
Related: [-]
Att: 1 Supplement Brief in Support,
Att: 2 Proposed Order Plaintiff's Proposed Order
utility ~Util - Set Hearings Fri 05/15 1:43 PM
Set/Reset Hearings: Evidentiary Hearing set for 8/20/2020 09:00 AM in Courtroom 9C before Magistrate Judge Maureen P. Kelly. (tjw)
Related: [-]
misc QC - Document should have been filed as 2 separate documents Mon 05/18 11:25 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re33 Motion for Discovery. 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. This message is for informational purposes only. (jmm)
Related: [-]
Thursday, May 07, 2020
32 32 order Order ~Util - Set Hearings Thu 05/07 8:39 AM
ORDER: The Court will conduct an Evidentiary Hearing on June 11, 2020 at 1:30 PM by Video Conference regarding the26 Defendants' Motion to Dismiss/Lack of Jurisdiction as to the issue of personal jurisdiction. The Court will provide the video conference access information and instructions to the parties. Signed by Magistrate Judge Maureen P. Kelly on 05/07/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
Related: [-]
Sunday, April 26, 2020
notice Notice re NextGen Sun 04/26 12:38 PM
IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found[LINK:here] . Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
Related: [-]
Monday, April 06, 2020
31 31 respm Reply to Response to Motion Mon 04/06 6:28 PM
REPLY to Response to Motion re30 Brief in Opposition to Motion, to Dismiss Amended Complaint filed by LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit 1 to B
Saturday, March 28, 2020
notice Notice re NextGen Sat 03/28 6:38 PM
IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at[LINK:here] . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
Related: [-]
Monday, March 23, 2020
30 30 respm Brief / Memorandum of Law in Opposition to Motion Mon 03/23 2:59 PM
BRIEF in Opposition re26 Motion to Dismiss/Lack of Jurisdiction,, Motion to Strike,, Motion to Dismiss for Failure to State a Claim, filed by ALEXANDER RHODES. (Stebbins, Andrew)
Related: [-]
Att: 1 Exhibit Exhibit 1- Affidavit of A. Rhodes part 1,
Att: 2 Exhibit Exhibit 1b - Affidavit of A. Rhodes part 2,
Att: 3 Exhibit Exhibit 2 - Prause Affidavit
Friday, March 06, 2020
misc QC - Wrong event selected Fri 03/06 11:22 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re25 Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option. ERROR: Wrong event selected. CORRECTION: Re-docketed as Joint Consent to Proceed before US Mag. Judge. This message is for informational purposes only. (ept)
Related: [-]
Monday, March 02, 2020
28 28 order Order Response/Briefing Schedule Mon 03/02 8:40 AM
ORDER Response/Briefing Schedule re26 Motion to Dismiss/Lack of Jurisdiction,, Motion to Strike,, Motion to Dismiss for Failure to State a Claim. Response to Motion due by 3/23/2020. Signed by Magistrate Judge Maureen P. Kelly on 03/02/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
Related: [-]
Friday, February 28, 2020
27 27 respm Brief / Memorandum of Law in Support of Motion Fri 02/28 4:01 PM
BRIEF in Support re26 Motion to Dismiss/Lack of Jurisdiction,, Motion to Strike,, Motion to Dismiss for Failure to State a Claim, filed by LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
26 26 motion Dismiss/Lack of Jurisdiction Strike Dismiss for Failure to State a Claim Fri 02/28 3:54 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike20 Amended Complaint,, , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
Att: 1 Certification and Notice for Filing Pretrial Motions,
Att: 2 Proposed Order
Tuesday, February 18, 2020
29 29 misc Consent (Joint) to Proceed before US Mag. Judge Fri 03/06 11:20 AM
Joint Consent to Proceed before US Mag. Judge by LIBEROS LLC, NICOLE PRAUSE, ALEXANDER RHODES. (ept)
Related: [-]
25 25 misc Consent to Trial by Mag. Judge OR District Judge Option Tue 02/18 4:05 PM
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
Wednesday, February 05, 2020
24 24 1 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 02/05 3:07 PM
ORDER granting23 Motion for Extension of Time to File Response/Reply as to20 Amended Complaint. Responses due by 2/28/2020. Counsel is reminded of the meet and confer requirement set forth in the Order at ECF No. 3. Signed by Magistrate Judge Maureen P. Kelly on 02/05/2020. (tjw)
Related: [-]
23 23 motion Extension of Time to File Response/Reply Wed 02/05 2:23 PM
MOTION for Extension of Time to File Response/Reply as to20 Amended Complaint,, by LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
Att: 1 Proposed Order
Tuesday, January 28, 2020
22 22 order Order for Consent/DJO form Tue 01/28 9:15 AM
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 02/18/2020 , the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Magistrate Judge Maureen P. Kelly on 01/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
Related: [-]
Monday, January 27, 2020
21 21 order Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Strike Order on Motion to Dismiss for Failure to State a Claim Mon 01/27 10:34 AM
ORDER denying as moot11 Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, Motion to Strike, or in the Alternative, Motion to Dismiss for Failure to State a Claim in light of the filing of the20 First Amended Complaint. Signed by Magistrate Judge Maureen P. Kelly on 01/27/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
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Friday, January 24, 2020
20 20 cmp Amended Complaint Fri 01/24 5:16 PM
First AMENDED COMPLAINT against LIBEROS LLC, NICOLE PRAUSE LIBEROS LLC answer due 2/7/2020; NICOLE PRAUSE answer due 2/7/2020, filed by ALEXANDER RHODES. (Stebbins, Andrew)
Related: [-]
Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3,
Att: 4 Exhibit Exhibit 4,
Att: 5 Exhibit Exhibit 5,
Att: 6 Exhibit Exhibit 6,
Att: 7 Exhibit Exhibit 7,
Att: 8 Exhibit Exhibit 8,
Att: 9 Exhibit Exhibit 9,
Att: 10 Exhibit Exhibit 10,
Att: 11 Exhibit Exhibit 11,
Att: 12 Exhibit Exhibit 12,
Att: 13 Exhibit Exhibit 13,
Att: 14 Exhibit Exhibit 14
Wednesday, January 22, 2020
19 19 1 pgs order Order on Motion to Withdraw as Attorney Wed 01/22 2:11 PM
ORDER granting18 Motion to Withdraw as Attorney. Attorney Philip J. Sbrolla terminated. Signed by Magistrate Judge Maureen P. Kelly on 01/22/2020. (tjw)
Related: [-]
18 18 motion Withdraw as Attorney Wed 01/22 8:47 AM
MOTION to Withdraw as Attorney by LIBEROS LLC, NICOLE PRAUSE. (Sbrolla, Philip)
Related: [-]
Att: 1 Proposed Order
Friday, January 17, 2020
17 17 notice Notice of Appearance Fri 01/17 10:41 AM
NOTICE of Appearance by Jennifer M. Swistak on behalf of LIBEROS LLC, NICOLE PRAUSE. (Swistak, Jennifer)
Related: [-]
16 16 notice Notice of Appearance Fri 01/17 10:39 AM
NOTICE of Appearance by William B. Pentecost, Jr on behalf of LIBEROS LLC, NICOLE PRAUSE. (Pentecost, William)
Related: [-]
Wednesday, January 08, 2020
utility Add and Terminate Judges Wed 01/08 9:28 AM
Magistrate Judge Maureen P. Kelly no longer assigned to case. (cel)
Related: [-]
utility Add and Terminate Judges Wed 01/08 9:54 AM
Magistrate Judge Maureen P. Kelly added. (cel)
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Friday, January 03, 2020
misc QC - Multiple Relief Motion Filed as One Relief Fri 01/03 3:43 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re11 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike, Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney is advised that, in the future, Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike and Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (cel)
Related: [-]
Thursday, January 02, 2020
15 15 1 pgs order Order on Motion for Extension of Time to File Response/Reply Thu 01/02 11:28 AM
ORDER granting14 Motion for Extension of Time to File Response/Reply re11 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 1/27/2020. Signed by Magistrate Judge Maureen P. Kelly on 01/02/2020. (tjw)
Related: [-]
Tuesday, December 31, 2019
14 14 motion Extension of Time to File Response/Reply Tue 12/31 10:08 AM
First MOTION for Extension of Time to File Response/Reply Defendant's Motion to Dismiss by ALEXANDER RHODES. (Stebbins, Andrew)
Related: [-]
Att: 1 Exhibit Case Management Plan,
Att: 2 Proposed Order Proposed Order on Plaintiff's Motion for Extension of Time
Monday, December 23, 2019
13 13 order Order Response/Briefing Schedule Mon 12/23 9:09 AM
ORDER Response re11 Motion to Dismiss/Lack of Jurisdiction. Response to Motion due by 1/13/2020. Signed by Magistrate Judge Maureen P. Kelly on 12/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
Related: [-]
Friday, December 20, 2019
12 12 respm Brief / Memorandum of Law in Support of Motion Fri 12/20 2:23 PM
BRIEF in Support re11 Motion to Dismiss/Lack of Jurisdiction filed by LIBEROS LLC, NICOLE PRAUSE. (Sbrolla, Philip)
Related: [-]
11 11 motion Dismiss/Lack of Jurisdiction Fri 12/20 2:19 PM
MOTION to Dismiss for Lack of Jurisdiction by LIBEROS LLC, NICOLE PRAUSE. (Sbrolla, Philip)
Related: [-]
Att: 1 Certification and Notice for Filing Pretrial Motions,
Att: 2 Proposed Order
Thursday, November 14, 2019
10 10 misc Disclosure Statement (LR 7.1.1) Thu 11/14 1:23 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by LIBEROS LLC, NICOLE PRAUSE. (Sbrolla, Philip)
Related: [-]
Wednesday, November 13, 2019
9 9 service Waiver of Service Executed Wed 11/13 3:32 PM
WAIVER OF SERVICE Returned Executed by ALEXANDER RHODES. NICOLE PRAUSE waiver sent on 11/8/2019, answer due 1/7/2020. (Stebbins, Andrew)
Related: [-]
8 8 service Waiver of Service Executed Wed 11/13 3:30 PM
WAIVER OF SERVICE Returned Executed by ALEXANDER RHODES. LIBEROS LLC waiver sent on 11/8/2019, answer due 1/7/2020. (Stebbins, Andrew)
Related: [-]
misc QC - Party did not file Disclosure Statement Wed 11/13 2:27 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re7 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 11/20/2019. (jm)
Related: [-]
Sunday, November 10, 2019
7 7 notice Notice of Appearance Sun 11/10 9:48 PM
NOTICE of Appearance by Philip J. Sbrolla on behalf of LIBEROS LLC, NICOLE PRAUSE. (Sbrolla, Philip)
Related: [-]
Thursday, November 07, 2019
6 6 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 11/07 4:03 PM
ORDER granting4 Motion for attorney Andrew Stebbins to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 11/07/2019. (tjw)
Related: [-]
5 5 misc Errata Thu 11/07 2:42 PM
Errata re4 Motion to Appear Pro Hac Vice, Attachment of Exhibit 1 to Affidavit by ALEXANDER RHODES. Reason for Correction: Failure to attach exhibit. (Stebbins, Andrew)
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Wednesday, November 06, 2019
4 4 motion Appear Pro Hac Vice (for Attorney filers only, Credit Card required) Wed 11/06 3:58 PM
First MOTION for attorney Andrew Stebbins to Appear Pro Hac Vice, Motion to Appear (Filing fee $70, Receipt # 0315-5351186) by ALEXANDER RHODES. (Stebbins, Andrew)
Related: [-]
Att: 1 Affidavit Affidavit in Support on Mtn to Appear Pro Hac Vice
Thursday, October 24, 2019
3 3 2 pgs order Order Thu 10/24 9:43 AM
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 10/24/2019. (tjw)
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Wednesday, October 23, 2019
2 2 1 pgs service Summons Issued Wed 10/23 11:30 AM
Summons Issued as to LIBEROS LLC, NICOLE PRAUSE (jm)
Related: [-]
Att: 1 Summons
Tuesday, October 22, 2019
1 1 cmp Complaint (for Clerk of Court personnel only) Wed 10/23 11:28 AM
COMPLAINT against LIBEROS LLC, NICOLE PRAUSE (Filing fee, including Administrative fee, $400, receipt number 0315-5331590), filed by ALEXANDER RHODES. (jm)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 21 pgs Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Summons LIBEROS LLC,
Att: 5 Summons PRAUSE