BOYUK v. PETROCHEM INSULATION, INC.
| Pennsylvania Western District Court | |
| Judge: | Marilyn J Horan |
| Case #: | 2:22-cv-00124 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Jan 20, 2022 |
| Terminated: | Jul 31, 2023 |
| Last checked: Tuesday Jul 19, 2022 5:05 AM EDT |
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Defendant
PETROCHEM INSULATION, INC.
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Represented By
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Mediator
KENNETH BENSON
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Represented By
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Plaintiff
JAMES J. BOYUK, JR.
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Represented By
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| Docket last updated: 07/24/2026 11:59 PM EDT |
| Monday, July 31, 2023 | ||
| 34 | 34
minutes
Post-Discovery Status Conference 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings
Mon 07/31 11:35 AM
Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Post-Discovery Status Conference held on 7/31/2023. Orders referring case to judicial mediation and scheduling initial pre-trial conference to follow. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) |
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| 33 | 33
3
pgs
order
Order ~Util - Terminate Motions ~Util - Terminate Civil Case
Mon 07/31 11:20 AM
ORDER Granting30 Unopposed MOTION for Settlement Approval - Final filed by JAMES J. BOYUK, JR. Clerk is to mark CASE CLOSED. Signed by Judge Marilyn J. Horan on 7/31/2023. (bjl) |
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| 32 | 32
minutes
Motion Hearing
Mon 07/31 10:56 AM
Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Motion Hearing held on 7/31/2023 re30 Unopposed MOTION for Settlement Approval - Final filed by JAMES J. BOYUK, JR. Order on approval to follow. (Court Reporter: Jane Proud) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) |
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| Monday, July 24, 2023 | ||
| 31 | 31
respm
Brief / Memorandum of Law in Support of Motion
Mon 07/24 10:42 AM
BRIEF in Support re30 Motion for Settlement, filed by JAMES J. BOYUK, JR. (Santillo, R.) |
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| 30 | 30
motion
Settlement
Mon 07/24 10:41 AM
Unopposed MOTION for Settlement Approval - Final by JAMES J. BOYUK, JR. (Santillo, R.) |
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Att: 1
27 pgs
Class Action Settlement Agreement,
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Att: 2
Declaration of Aisha Lange,
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Att: 3
Declaration of R. Andrew Santillo,
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Att: 4
Affidavit of Timothy Conboy,
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Att: 5
3 pgs
Proposed Order
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| Friday, July 14, 2023 | ||
| 29 | 29
1
pgs
order
Order on Motion for Miscellaneous Relief
Fri 07/14 3:54 PM
ORDER granting28 Motion for Leave to Attend Hearing Remotely. Defense counsel may appear via telephone utilizing the call-in information at ECF No.3 . Signed by Judge Marilyn J. Horan on 7/14/2023. (bjl) |
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| Thursday, July 13, 2023 | ||
| 28 | 28
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Thu 07/13 5:34 PM
Unopposed MOTION to attend hearing remotely by PETROCHEM INSULATION, INC.. (Etter, Richard) |
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Att: 1
Proposed Order
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| Monday, March 06, 2023 | ||
| 27 | 27
3
pgs
order
Order Setting Hearing on Motion ~Util - Terminate Motions
Mon 03/06 11:37 AM
ORDER Setting Hearing on Motion, Motion Hearing on Final Settlement Approval set for 7/31/2023 10:00 AM in Courtroom 8A before Judge Marilyn J. Horan.25 Unopposed MOTION for Settlement - Preliminary Approval of the Class Action Settlement and Other Related Relief GRANTED. Signed by Judge Marilyn J. Horan on 3/6/2023. (bjl) |
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| Thursday, March 02, 2023 | ||
| 26 | 26
respm
Brief / Memorandum of Law in Support of Motion
Thu 03/02 1:21 PM
BRIEF in Support re25 Motion for Settlement, filed by JAMES J. BOYUK, JR. (Santillo, R.) |
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| 25 | 25
motion
Settlement
Thu 03/02 1:20 PM
Unopposed MOTION for Settlement - Preliminary Approval of the Class Action Settlement and Other Related Relief by JAMES J. BOYUK, JR. (Santillo, R.) |
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Att: 1
Class Action Settlement Agreement,
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Att: 2
Declaration of R. Andrew Santillo,
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Att: 3
Affidavit of Timothy Conboy,
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Att: 4
Proposed Order
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| Tuesday, February 07, 2023 | ||
| 24 | 24
misc
Status Report
Tue 02/07 4:18 PM
STATUS REPORT OF THE PARTIES by JAMES J. BOYUK, JR. (Santillo, R.) |
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| Thursday, January 12, 2023 | ||
| 23 | 23
adr
Report of Mediation
Thu 01/12 11:23 AM
REPORT of Mediation: Case has been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed [LINK:here] or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 1/11/2023. (Benson, Kenneth) |
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| Tuesday, November 22, 2022 | ||
| 22 | 22
1
pgs
order
Order ~Util - Terminate Motions ~Util - Set Hearings 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings
Tue 11/22 10:14 AM
ORDER Plaintiff's Unopposed Motion to Extend the Deadline for Plaintiffs Motion for Class Certification21 is GRANTED and the deadlines are extended as follows: g) Plaintiffs' Motion for Rule 23 Class Certification, Memorandum in Support, and all supporting evidence shall be filed by February 3, 2023. h) Defendants' Memorandum in Opposition to Rule 23 Class Certification and all supporting evidence shall be filed by March 10, 2023. i) Plaintiffs' Reply Memorandum in support of Rule 23 class certification, if any, shall be filed by March 24, 2023. Video Oral Argument set for 4/13/2023 at 10:00 AM before Judge Marilyn J. Horan. Signed by Judge Marilyn J. Horan on 11/22/2022. (bjl) |
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| Friday, November 18, 2022 | ||
| 21 | 21
3
pgs
motion
Extend Time
Fri 11/18 11:13 AM
Unopposed MOTION to Extend Time to Plaintiffs Class Certification Motion Deadline by JAMES J. BOYUK, JR. (Santillo, R.) |
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Att: 1
Proposed Order
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| Wednesday, November 09, 2022 | ||
| 20 | 20
respoth
Amended Answer to Complaint
Wed 11/09 3:32 PM
AMENDED ANSWER to Complaint by PETROCHEM INSULATION, INC.. (Etter, Richard) |
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| 19 | 19
1
pgs
order
Order
Wed 11/09 1:24 PM
ORDER Upon consideration of18 Stipulation to Allow Defendant to File Amended Answer, it is HEREBY ORDERED that the Stipulation is GRANTED. Signed by Judge Marilyn J. Horan on 11/9/2022. (bjl) |
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| Tuesday, November 08, 2022 | ||
| 18 | 18
misc
Stipulation
Tue 11/08 12:48 PM
STIPULATION re5 Answer to Complaint to Allow Defendant to File Amended Answer by PETROCHEM INSULATION, INC. (Etter, Richard) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order
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| Friday, September 23, 2022 | ||
| 17 | 17
1
pgs
order
Order on Motion to Extend Time
Fri 09/23 10:57 AM
ORDER granting16 Motion to Extend Time for Plaintiff's expert and/or third-party data analyst report as to class certification. Plaintiff's expert and/or third-party data analyst report as to class certification is extended to October 27, 2022. Signed by Judge Marilyn J. Horan on 9/23/2022. (bjl) |
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| Wednesday, September 21, 2022 | ||
| 16 | 16
motion
Extend Time
Wed 09/21 4:17 PM
Unopposed MOTION to Extend Time to Plaintiffs Expert Report and/or Third Party Data Analysis Report Deadline by JAMES J. BOYUK, JR. (Santillo, R.) |
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Att: 1
Proposed Order
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| Tuesday, June 07, 2022 | ||
| 15 | 15
2
pgs
order
Order ~Util - Set Deadlines/Hearings ~Util - Set Hearings ~Util - Terminate Motions 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings
Tue 06/07 1:16 PM
TEXT ORDER Joint Motion to Extend Certain Deadlines in the Courts February 24, 2022 Case Management Order14 is GRANTED and the deadlines in 3(d)-(j) of the Initial Case Management Order11 are extended as follows: a. Class Certification discovery shall be completed on or before October 27,2022; b. Plaintiffs' expert and/or third-party data analyst reports as to class certification shall be filed on or before September 22, 2022. Depositions of Plaintiffs' experts and/or third-party data analysts shall be completed on or before October 27, 2022; c. Defendant's expert reports as to class certification shall be filed on or before October 10, 2022. Depositions of Defendant's experts shall be completed on or before October 27, 2022; d. Plaintiffs' Motion for Rule 23 Class Certification, Memorandum in Support,and all supporting evidence shall be filed by December 12, 2022; e. Defendants Memorandum in Opposition to Rule 23 Class Certification and all supporting evidence shall be filed by January 25, 2023; f. Plaintiffs' Reply Memorandum in support of Rule 23 class certification, if any, shall be filed by February 9, 2023; g. Oral argument on Class Certification is rescheduled from 12/5/2022 to 2/27/2023 via video conference. A video link shall be emailed to counsel. Signed by Judge Marilyn J. Horan on 6/7/2022. (bjl) |
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| Friday, June 03, 2022 | ||
| 14 | 14
motion
Extend Time
Fri 06/03 2:44 PM
Joint MOTION to Extend Time to Certain Deadlines in the Court's February 24, 202211 Case Management Order by JAMES J. BOYUK, JR. (Santillo, R.) Modified on 6/3/2022 to add document linkage. (kss) |
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Att: 1
Proposed Order
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| Wednesday, April 13, 2022 | ||
| 13 | 13
order
Protective Order
Wed 04/13 1:46 PM
PROTECTIVE ORDER Signed by Judge Marilyn J. Horan on 4/13/2022. (bjl) |
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| 12 | 12
misc
Stipulated Protective Order
Wed 04/13 11:51 AM
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER by PETROCHEM INSULATION, INC. (Etter, Richard) |
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| Thursday, February 24, 2022 | ||
| 11 | 11
3
pgs
order
Case Management Order ~Util - Set Hearings
Thu 02/24 1:26 PM
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 3/4/2022; Amended Pleadings due by 4/22/2022; Joinder of Parties due by 4/22/2022; Class Certification Discovery due by 7/29/2022; Plaintiff Expert Reports due by 6/24/2022; Defendant Expert Reports due by 7/11/2022; Expert Depositions to be completed by 7/29/2022;Plaintiffs' Motion for Rule 23 Class Certification, Memorandum in Support, and all supporting evidence shall be filed by September 12, 2022; Defendants' Memorandum in Opposition to Rule 23 Class Certification and all supporting evidence shall be filed by October 27, 2022; Plaintiffs' Reply Memorandum in support of Rule 23 class certification, if any, shall be filed by November 11, 2022; Video Oral Argument on class certification set for 12/5/2022 at 09:00 AM. Signed by Judge Marilyn J. Horan on 2/24/2022. (bjl) |
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| 10 | 10
3
pgs
order
Order Referring Case to Mediation
Thu 02/24 10:10 AM
ORDER REFERRING CASE to Mediation. Kenneth Benson is appointed as mediator. Party KENNETH BENSON added. Signed by Judge Marilyn J. Horan on 2/24/2022. (bjl) |
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| 9 | 9
3
pgs
order
Order Implementing Fed Rule of Evidence 502(d)
Thu 02/24 9:59 AM
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Marilyn J. Horan on 2/24/2022. (bjl) |
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minutes
Telephonic Initial Case Management Conference
Thu 02/24 9:31 AM
TEXT Minute Entry for proceedings held before Judge Marilyn J. Horan: Telephonic Initial Case Management Conference held on 2/24/2022. Orders on Case Management, 502(d), and ADR to follow. (Court Reporter: Debbie Rowe) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (bjl) |
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| Thursday, February 17, 2022 | ||
| 8 | 8
adr
Stipulation Selecting ADR process
Thu 02/17 5:13 PM
STIPULATION selecting ADR process by JAMES J. BOYUK, JR. (Santillo, R.) |
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| 7 | 7
misc
Report of Rule 26(f) Planning Meeting
Thu 02/17 5:11 PM
REPORT of Rule 26(f) Planning Meeting. (Santillo, R.) |
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| Thursday, January 27, 2022 | ||
| 6 | 6
order
Initial Local Rule 16.1 Scheduling Order ~Util - Set Hearings
Thu 01/27 9:16 PM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting Report due by 2/17/2022; Telephonic Initial Case Management set for 2/24/2022 at 09:00 AM. Signed by Judge Marilyn J. Horan on 1/27/2022. (bjl) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| 5 | 5
answer
Answer to Complaint
Thu 01/27 11:43 AM
ANSWER to Complaint by PETROCHEM INSULATION, INC. (Etter, Richard) |
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| Wednesday, January 26, 2022 | ||
| 4 | 4
misc
Disclosure Statement (LR 7.1.1)
Wed 01/26 4:42 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by PETROCHEM INSULATION, INC.. (Etter, Richard) |
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| Monday, January 24, 2022 | ||
| 3 | 3
notice
Notice (Other) - Do Not Use for ADR Documents
Mon 01/24 11:25 AM
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. (bjl) |
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| 2 | 2
order
Order
Mon 01/24 11:23 AM
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available[LINK:Here] . Signed by Judge Marilyn J. Horan on 1/24/2022. Text-only entry; no PDF docum ent will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Friday, January 21, 2022 | ||
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misc
QC - Party did not file Disclosure Statement
Fri 01/21 11:14 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 Notice of Removal. 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 1/28/2022. (kss) |
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| Thursday, January 20, 2022 | ||
| 1 | 1
cmp
Notice of Removal (for Clerk of Court personnel only)
Fri 01/21 10:55 AM
NOTICE OF REMOVAL from Beaver County, case number 2021-11624 Copies attached: Civil Cover Sheet, Notice to Defend, Complaint, Memorandum, Orders, Docket Entries, Notice of Filing of Notice of Removal (Filing fee, including Administrative fee, $402, receipt number APAWDC-6910389), filed by PETROCHEM INSULATION, INC. (kss) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E
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