KEMERER et al v. EVOLVE SKATEBOARDS PTY LTD et al
| Pennsylvania Western District Court | |
| Judge: | Marilyn J Horan |
| Case #: | 2:22-cv-01038 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jul 19, 2022 |
| Terminated: | Feb 18, 2025 |
| Last checked: Sunday Jan 15, 2023 4:53 AM EST |
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Defendant
EVOLVE SKATEBOARDS PTY LTD
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Represented By
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Defendant
EVOLVE SPORTS GROUP, LLC
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Represented By
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Mediator
GARY P. CARUSO
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Represented By
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Plaintiff
DAVID JOSEPH KEMERER
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Represented By
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Plaintiff
ROSSLYN KEMERER
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Represented By
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| Docket last updated: 74 minutes ago |
| Tuesday, February 18, 2025 | ||
| 48 | 48
1
pgs
order
Order Dismissing Case
Tue 02/18 1:21 PM
ORDER DISMISSING CASE Signed by Judge Marilyn J. Horan on 2/18/2025. (bjl) |
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| 47 | 47
misc
Stipulation
Tue 02/18 11:53 AM
STIPULATION for Dismissal by DAVID JOSEPH KEMERER, ROSSLYN KEMERER. (O'Connell, R.) |
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| Tuesday, December 17, 2024 | ||
| 46 | 46
order
1 - Terminate Deadlines 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings 1 - Terminate Scheduling Order Deadlines 1 - Terminate Trial Management Order Deadlines
Tue 12/17 9:28 AM
TEXT ORDER Following indications by telephone from Plaintiff's counsel that this matter has resolved, it is hereby ordered that on or before February 18, 2025, the parties shall file a stipulation of dismissal or a joint status report on the expected filing of said stipulation. It is further ordered that all attendant deadlines and conferences are cancelled. Signed by Judge Marilyn J. Horan on 12/17/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Tuesday, October 22, 2024 | ||
| 45 | 45
1
pgs
order
Order 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings 1 - Terminate Scheduling Order Deadlines 1 - Terminate Trial Management Order Deadlines ~Util - Set Hearings
Tue 10/22 2:15 PM
ORDER Plaintiffs' time frame to provide expert reports is continued unitl December 23, 2024 and the Defendants' time frame to provide expert reports is continued until January 23, 2025. Video Preliminary Pretrial Conference is reset from 1/23/2025 to 3/3/2025 at 10:00 AM. Signed by Judge Marilyn J. Horan on 10/22/2024. (bjl) |
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| Friday, October 18, 2024 | ||
| 44 | 44
motion
Amend
Fri 10/18 10:13 AM
MOTION to Amend Court Order by DAVID JOSEPH KEMERER. (O'Connell, R.) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order
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| Wednesday, October 09, 2024 | ||
| 43 | 43
order
1 - Terminate Hearings 1 - Terminate Deadlines and Hearings 1 - Terminate Scheduling Order Deadlines 1 - Terminate Trial Management Order Deadlines ~Util - Terminate Motions ~Util - Set Hearings ~Util - Set Trial Management Order Deadlines
Wed 10/09 3:43 PM
ORDER Motion to Compel40 granted. Defendant EvolveSkateboards and all affiliated Defendants are hereby compelled to provide full, complete and accurate answers to Plaintiffs' Interrogatories 4 thorough 14 and all supporting documentation as request by the Production of Documents in addition to all of the items addressed in Exhibit E within 45 days of this Order. Upon a failure to do so an adverse inference will attach in favor of the Plaintiffs to what is outstanding in favor of the Plaintiffs' liability claim and Plaintiffs' expert will be allowed to conclude as such in his expert report. The Expert Report Deadline is extended by 45 days. It is further ordered that the the Video Initial Pre-Trial Conference is re-set from December 2, 2024 to January 23, 2025 at 9:00 A.M. Signed by Judge Marilyn J. Horan on 10/9/2024. (bjl) |
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| Monday, October 07, 2024 | ||
| 42 | 42
respm
Response to Motion
Mon 10/07 2:07 PM
RESPONSE to Motion re40 MOTION to Compel and to Extend Expert Witness Report Deadline filed by EVOLVE SKATEBOARDS PTY LTD, EVOLVE SPORTS GROUP, LLC. (Caloyer, Mark) |
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| Tuesday, October 01, 2024 | ||
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misc
QC - No Proposed Order Attached
Tue 10/01 9:32 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re40 Motion to Compel. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised that, in the future, all motions should be accompanied by an attached proposed order. (cel) |
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| Monday, September 30, 2024 | ||
| 41 | 41
order
Order
Mon 09/30 10:46 PM
TEXT ORDER Defendant shall respond to Plaintiffs' Motion to Compel40 on or before October 7, 2024. Signed by Judge Marilyn J. Horan on 9/30/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| 40 | 40
motion
Compel
Mon 09/30 3:55 PM
MOTION to Compel and to Extend Expert Witness Report Deadline by DAVID JOSEPH KEMERER. (O'Connell, R.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| Tuesday, September 10, 2024 | ||
| 39 | 39
1
pgs
order
Order ~Util - Terminate Motions ~Util - Set Hearings ~Util - Set Deadlines/Hearings 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings 1 - Terminate Scheduling Order Deadlines
Tue 09/10 3:26 PM
ORDER Upon review of the uncontested Motion to Extend Expert deadlines filed by Defendants Evolve Skateboards Pty Ltd, Evolve Sports Group, LLC f/k/a Evolve Longboards USA, LLC, said Motion is hereby GRANTED and expert deadlines are re-set as follows: Plaintiff Expert Reports due by 9/30/2024; Defendant Expert Reports due by 10/30/2024; Expert Depositions to be completed by 11/30/2024. Preliminary Pretrial Conference re-set from 11/4/2024 to 12/2/2024 at 09:00 AM. Signed by Judge Marilyn J. Horan on 9/10/2024. (bjl) |
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| Thursday, September 05, 2024 | ||
| 38 | 38
misc
Proposed Order
Thu 09/05 9:35 AM
Proposed Order re37 Motion to Extend Time by EVOLVE SKATEBOARDS PTY LTD, EVOLVE SPORTS GROUP, LLC. (Caloyer, Mark) |
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| Thursday, August 29, 2024 | ||
| 37 | 37
motion
Extend Time
Thu 08/29 1:20 PM
MOTION to Extend Time to file expert reports by EVOLVE SKATEBOARDS PTY LTD, EVOLVE SPORTS GROUP, LLC. (Caloyer, Mark) |
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| Friday, June 07, 2024 | ||
| 36 | 36
order
Order ~Util - Set Hearings
Fri 06/07 4:07 PM
TEXT ORDER Following review of the parties' joint status report35 , it is hereby ordered that a. Plaintiffs expert reports are due on or before August 30, 2024; b. Defendants expert reports are due on or before September 30, 2024; and c. Expert depositions are to be completed by October 30, 2024. A Video Preliminary Pretrial Conference is set for 11/4/2024 at 10:00 AM. Signed by Judge Marilyn J. Horan on 6/7/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Monday, June 03, 2024 | ||
| 35 | 35
misc
Status Report
Mon 06/03 9:31 AM
STATUS REPORT Joint by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Wednesday, May 29, 2024 | ||
| 34 | 34
order
Order
Wed 05/29 10:07 AM
TEXT ORDER By Court Order (ECF No. 33 ), the parties were to provide a joint status report by May 2, 2024. To date, no status report has been filed. Accordingly, the parties shall file a status report on or before June 3, 2024. Signed by Judge Marilyn J. Horan on 5/29/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Monday, April 22, 2024 | ||
| 33 | 33
order
Order
Mon 04/22 2:36 PM
TEXT ORDER Consistent with the Court's discussion with Counsel at the Post-Discovery Status Conference held on this date, Counsel shall file a joint status report on or before May 2, 2024 updating the Court on any pertinent discussions with overseas counsel and case management plan. Signed by Judge Marilyn J. Horan on 4/22/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| 32 | 32
minutes
Post-Discovery Status Conference 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings 1 - Terminate Scheduling Order Deadlines
Mon 04/22 2:31 PM
TEXT Minute Entry for proceedings held before Judge Marilyn J. Horan: Post-Discovery Status Conference held on 4/22/2024. Order on status report to follow. (Court Reporter: Marsia Balobek) 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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| Tuesday, April 16, 2024 | ||
| 31 | 31
misc
Status Report
Tue 04/16 2:01 PM
STATUS REPORT by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Monday, February 12, 2024 | ||
| 30 | 30
order
Order 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings 1 - Terminate Scheduling Order Deadlines ~Util - Set Hearings
Mon 02/12 12:38 PM
TEXT ORDER Video Post-Discovery Status Conference set for 4/22/2024 at 09:00 AM. On or before April 15, 2024, the parties shall confer and file a joint status report on the following matters:1.Resolution: a. Have the parties made any progress toward resolution? b. Will the parties be engaging in any further ADR? c. If so, when and with whom? 2. Expert Discovery: a. If expert discovery has not been completed, please provide a proposed timeline for the exchange of reports and depositions. 3. Dispositive Motions: a. Do either of the parties plan on filing any dispositive motions? b. If so, please provide a proposed timeline consistent with the Court's Standing Order regarding dispositive motions. 4. Trial: Is there anything further that needs to be done by the parties prior to scheduling for trial? Signed by Judge Marilyn J. Horan on 2/12/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Thursday, February 08, 2024 | ||
| 29 | 29
adr
Stipulation Selecting ADR process
Thu 02/08 9:22 AM
STIPULATION selecting ADR process by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Monday, February 05, 2024 | ||
| 28 | 28
order
Order
Mon 02/05 10:24 AM
TEXT ORDER Pursuant to this Court's Text Minute Entry 27 , the parties were directed to file an Amended ADR Stipulation on or before 1/23/2024. It is hereby ordered that the parties shall file the same on or before 2/9/2024. Signed by Judge Marilyn J. Horan on 2/5/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Tuesday, January 16, 2024 | ||
| 27 | 27
minutes
Post-Discovery Status Conference
Tue 01/16 9:33 AM
TEXT Minute Entry for proceedings held before Judge Marilyn J. Horan: Post-Discovery Status Conference held on 1/16/2024. Parties will file an Amended ADR Stipulation on or before 1/23/2024. (Court Reporter: Marsia Balobek) 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, September 18, 2023 | ||
| 26 | 26
order
Order 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings 1 - Terminate Scheduling Order Deadlines ~Util - Terminate Motions ~Util - Set Hearings
Mon 09/18 11:47 AM
TEXT ORDER Defendant's Motion to Extend Discovery25 is granted. Discovery is extended to December 31, 2023 and the Post-Discovery Status Conference set for September 29, 2024 is reset for 1/16/2024 at 09:00 AM via Video Conference before Judge Marilyn J. Horan. Signed by Judge Marilyn J. Horan on 9/18/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Thursday, September 14, 2023 | ||
| 25 | 25
motion
Extension of Time to Complete Discovery
Thu 09/14 1:19 PM
MOTION for Extension of Time to Complete Discovery by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Wednesday, July 26, 2023 | ||
| 24 | 24
1
pgs
order
Order 1 - Terminate Hearings 1 - Terminate Deadlines and Hearings 1 - Terminate Scheduling Order Deadlines ~Util - Terminate Motions ~Util - Set Hearings
Wed 07/26 12:52 PM
ORDER Upon review of the agreed Motion to Extend Discovery Deadline, said motion is granted, and the fact discovery is extended to September 21, 2023. The August 17, 2023 Post-Discovery Status Conference is reset for 9/29/2023 at 09:00 AM. Signed by Judge Marilyn J. Horan on 7/26/2023. (bjl) |
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| Friday, July 21, 2023 | ||
| 23 | 23
motion
Extension of Time to Complete Discovery
Fri 07/21 12:07 PM
MOTION for Extension of Time to Complete Discovery by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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Att: 1
Proposed Order
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| Friday, May 26, 2023 | ||
| 22 | 22
1
pgs
order
Order 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings ~Util - Terminate Motions ~Util - Set Hearings
Fri 05/26 9:25 AM
ORDER Upon consideration of the Motion for Extension of Time to Complete Fact Discovery, it is hereby ORDERED, ADJUDGED, and DECREED, that the Motion is GRANTED. It is further ORDERED that the discovery deadline is continued until July 27, 2023. The Post-Discovery Status Conference scheduled on June 20, 2023 is rescheduled for August 17,2023 at 10:00 a.m. Signed by Judge Marilyn J. Horan on 5/26/2023. (bjl) |
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| Thursday, May 25, 2023 | ||
| 21 | 21
motion
Extension of Time to Complete Discovery
Thu 05/25 3:46 PM
Consent MOTION for Extension of Time to Complete Discovery by DAVID JOSEPH KEMERER, ROSSLYN KEMERER. (O'Connell, R.) |
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Att: 1
Proposed Order
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| Friday, March 17, 2023 | ||
| 20 | 20
adr
Report of Mediation
Fri 03/17 1:43 PM
REPORT of Mediation: Case has not resolved. GARY P. CARUSO terminated. Attorney Gary P. Caruso 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 3/16/2023. (Noble, John) |
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| Friday, January 27, 2023 | ||
| 19 | 19
1
pgs
order
Order on Motion to Extend Time
Fri 01/27 2:28 PM
ORDER granting18 Motion to Extend Time for deadline to complete Mediation. Deadline is extended to March 16, 2023. Signed by Judge Marilyn J. Horan on 1/27/2023. (bjl) |
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| Thursday, January 26, 2023 | ||
| 18 | 18
motion
Extend Time
Thu 01/26 2:01 PM
MOTION to Extend Time to March 16, 2023 by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Wednesday, November 16, 2022 | ||
| 17 | 17
1
pgs
order
Order on Motion to Extend Time
Wed 11/16 3:48 PM
ORDER granting16 Motion to Extend Time for ADR. it is hereby ORDERED, ADJUDGED and DECREED, that the timeframe to complete the ADR process by way of mediation is extended until February 2, 2023. Signed by Judge Marilyn J. Horan on 11/16/2022. (bjl) |
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| 16 | 16
motion
Extend Time
Wed 11/16 3:40 PM
Joint MOTION to Extend Time to Complete ADR by DAVID JOSEPH KEMERER. (O'Connell, R.) |
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Att: 1
Exhibit A,
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Att: 2
Proposed Order
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| Monday, October 17, 2022 | ||
| 15 | 15
order
Case Management Order
Mon 10/17 3:23 PM
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 1/18/2023; Amended Pleadings due by 5/5/2023; Joinder of Parties due by 5/5/2023; Discovery due by 5/26/2023; Telephonic Post-Discovery Status Conference set for 6/20/2023. Signed by Judge Marilyn J. Horan on 10/17/2022. (bjl) |
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| 14 | 14
2
pgs
order
Order Referring Case to Mediation
Mon 10/17 12:03 PM
ORDER REFERRING CASE to Mediation. Gary Caruso is appointed as mediator. Party GARY P. CARUSO added. Signed by Judge Marilyn J. Horan on 10/17/2022. (bjl) |
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| 13 | 13
3
pgs
order
Order Implementing Fed Rule of Evidence 502(d)
Mon 10/17 12:01 PM
ORDER Implementing Federal Rule of Evidence 502(d) Pursuant to LCvR 16.1.D. Signed by Judge Marilyn J. Horan on 10/17/2022. (bjl) |
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minutes
Telephonic Initial Case Management Conference
Mon 10/17 11:59 AM
Text Minute Entry for proceedings held before Judge Marilyn J. Horan: Telephonic Initial Case Management Conference held on 10/17/2022. Case Management, 502d, and ADR Orders 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, October 10, 2022 | ||
| 11 | 11
misc
Report of Rule 26(f) Planning Meeting
Mon 10/10 11:40 AM
REPORT of Rule 26(f) Planning Meeting. (Caloyer, Mark) |
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| 10 | 10
adr
Stipulation Selecting ADR process
Mon 10/10 11:39 AM
STIPULATION selecting ADR process by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Tuesday, September 27, 2022 | ||
| 9 | 9
misc
Disclosure Statement (LR 7.1.1)
Tue 09/27 10:06 AM
Disclosure Statement identifying None as corporate parent or other affiliate, by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Tuesday, September 20, 2022 | ||
| 8 | 8
order
Initial Local Rule 16.1 Scheduling Order ~Util - Set Hearings
Tue 09/20 10:37 AM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Rule 26 Meeting Report due by 10/10/2022; Telephonic Initial Case Management set for 10/17/2022 at 10:30 AM. Signed by Judge Marilyn J. Horan on 9/20/2022. (bjl) |
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misc
QC - Party did not file Disclosure Statement
Tue 09/20 8:58 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re7 Answer to Complaint. 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 9/27/2022. (av) |
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| Monday, September 19, 2022 | ||
| 7 | 7
answer
Answer to Complaint
Mon 09/19 1:30 PM
Defendants ANSWER to1 Complaint, by EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Tuesday, July 26, 2022 | ||
| 6 | 6
service
Waiver of Service Executed
Tue 07/26 11:37 AM
WAIVER OF SERVICE Returned Executed by EVOLVE SKATEBOARDS PTY LTD. EVOLVE SKATEBOARDS PTY LTD waiver sent on 7/19/2022, answer due 10/17/2022. (Caloyer, Mark) |
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| 5 | 5
service
Waiver of Service Executed
Tue 07/26 11:36 AM
WAIVER OF SERVICE Returned Executed by EVOLVE SPORTS GROUP, LLC. EVOLVE SPORTS GROUP, LLC waiver sent on 7/19/2022, answer due 9/19/2022. (Caloyer, Mark) |
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| 4 | 4
notice
Notice of Appearance
Tue 07/26 11:13 AM
NOTICE of Appearance by Ashley N. Rodgers on behalf of EVOLVE SKATEBOARDS PTY LTD. (Rodgers, Ashley) |
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| 3 | 3
notice
Notice of Appearance
Tue 07/26 11:12 AM
NOTICE of Appearance by Mark T. Caloyer on behalf of EVOLVE SKATEBOARDS PTY LTD. (Caloyer, Mark) |
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| Wednesday, July 20, 2022 | ||
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order
Order
Wed 07/20 9:11 AM
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE available[LINK:Here] . Signed by Judge Marilyn J. Horan on 7/20/2022. Text-only entry; no PDF d ocument will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) |
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| Tuesday, July 19, 2022 | ||
| 1 | 1
cmp
Complaint (for Clerk of Court personnel only)
Tue 07/19 4:20 PM
COMPLAINT against EVOLVE SKATEBOARDS PTY LTD, EVOLVE SPORTS GROUP, LLC (Filing fee, including Administrative fee, $402, receipt number APAWDC-7203236), filed by DAVID JOSEPH KEMERER, ROSSLYN KEMERER. (dmh) |
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Att: 1
Civil Cover Sheet
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