Weiner et al v. BMR Resort LLC et al
| Pennsylvania Middle District Court | |
| Judge: | Phillip J Caraballo |
| Case #: | 3:23-cv-01555 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1331 Fed. Question: Personal Injury |
| Case Filed: | Sep 18, 2023 |
| Last checked: Saturday Mar 16, 2024 6:36 AM EDT |
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Counterclaim Defendant
Gregory Weiner
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Represented By
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Counterclaim Defendant
Christina Spano Weiner
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Represented By
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Counterclaim Plaintiff
BMR Operations, LLC
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Represented By
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Defendant
ABC Corporation #1-10
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Defendant
John Does and Jane Does #1-10
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Defendant
Blue Sunrise Resort Management, LLC
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Defendant
Blue Sunrise Resort Development Company, LLC
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Defendant
Blue Sunrise Lodge Development Company, LLC
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Defendant
Blue Star Farm, LLC
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Defendant
Blue Star Farm Management, LLC
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Defendant
Blue Mountain Waterpark, L.P.
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Defendant
Blue Mountain Resort Management, LLC
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Represented By
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Defendant
BMR Operations, LLC
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Represented By
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Plaintiff
Christina Spano Weiner
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Represented By
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Plaintiff
Gregory Weiner
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Represented By
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| TERMINATED PARTIES | |
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Counterclaim Plaintiff
BM Resort Management, LLC
Terminated: 12/06/2023
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Represented By
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Defendant
The Tuthill Corporation
Terminated: 12/06/2023
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Represented By
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Defendant
KSL Resorts
Terminated: 12/06/2023
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Represented By
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Defendant
KSL II Management Operations, LLC
Terminated: 12/06/2023
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Represented By
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Defendant
KSL Capital Partners
Terminated: 12/06/2023
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Represented By
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Defendant
Barbara Green
Terminated: 12/06/2023
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Represented By
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Defendant
BMR Resort LLC
Terminated: 12/06/2023
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Represented By
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Defendant
BM Resort Management, LLC
Terminated: 12/06/2023
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Represented By
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| Docket last updated: 78 minutes ago |
| Thursday, May 01, 2025 | ||
| 43 | 43
2
pgs
order
Order on Motion to Extend Time
Thu 05/01 10:15 AM
ORDER granting42 Motion to Extend Time Fact Discovery due by 6/30/2025. Supplemental Expert Reports are due by 9/29/2025. Plaintiff Expert Report is due by 7/14/2025. Defendant Expert Report is due by 8/29/2025. Motions due by 8/29/2025.See Order for complete details.Signed by Honorable Phillip J. Caraballo on 05/01/2025 (ss) |
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| Wednesday, April 30, 2025 | ||
| 42 | 42
motion
Extension of Time
Wed 04/30 1:14 PM
Fourth MOTION for Extension of Time to EXTEND CASE MANAGEMENT DEADLINES by Blue Mountain Resort Management, LLC, BM Resort Management, LLC.(Walsh, James) |
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Att: 1
Proposed Order Fourth Motion to Extend Deadlines - Proposed Order,
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Att: 2
Certificate of Service Fourth Motion to Extend Deadlines - COS
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| 41 | 41
misc
Consents to Proceed Before U.S. Magistrate Judge in Direct Assignment Cases
Wed 04/30 9:31 AM
CONSENTS to Proceed Before a US Magistrate Judge in Direct Assignment Cases pursuant to Standing Order 2024-04. (jkc) |
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| Tuesday, April 29, 2025 | ||
| 39 | 39
order
Scheduling Order
Tue 04/29 12:05 PM
SCHEDULING ORDER:Telephone Status Conference set for 4/29/2025 at 03:30 PM before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 04/29/2025. (ss) |
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| Monday, April 28, 2025 | ||
| 38 | 38
misc
Letter
Mon 04/28 3:04 PM
Letter from Parties requesting conference call and extension of case management deadlines . (Walsh, James) |
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| Tuesday, March 18, 2025 | ||
| 37 | 37
5
pgs
answer
Answer to Counterclaim
Tue 03/18 11:36 AM
ANSWER to10 Answer to Complaint, Counterclaim by Christina Spano Weiner, Gregory Weiner.(van der Veen, Michael) |
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| Monday, March 17, 2025 | ||
| 36 | 36
9
pgs
respm
Brief in Support (Do not use for Summary Judgment Motions)
Mon 03/17 1:26 PM
BRIEF IN SUPPORT re35 MOTION for Joinder of Zachary Weiner MOTION for Leave to File Third-Party Complaint filed by BMR Operations, LLC, BM Resort Management, LLC.(Walsh, James) |
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Att: 1
Certificate of Service
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| Friday, March 14, 2025 | ||
| 35 | 35
10
pgs
motion
Joinder Leave to File Document
Fri 03/14 11:06 PM
MOTION for Joinder of Zachary Weiner , MOTION for Leave to File Third-Party Complaint by BMR Operations, LLC, BM Resort Management, LLC.(Walsh, James) |
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Att: 1
Exhibit(s),
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Att: 2
Exhibit(s),
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Att: 3
Exhibit(s),
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Att: 4
Exhibit(s),
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Att: 5
Exhibit(s),
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Att: 6
Exhibit(s),
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Att: 7
Certificate of Nonconcurrence,
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Att: 8
Proposed Order,
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Att: 9
Certificate of Service
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| Thursday, March 13, 2025 | ||
| 34 | 34
misc
Consent Form Sent (For Direct Assignment Cases to Magistrate Judges)
Thu 03/13 3:21 PM
CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to BM Resort Management, LLC, BMR Operations, LLC, Christina Spano Weiner, Gregory Weiner YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Scranton Operations Supervisor, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 4/14/2025 (ss) |
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Att: 1
Respondent's Consent Form
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| 33 | 33
2
pgs
order
Order Approving Stipulation
Thu 03/13 9:58 AM
Order approving re32 Stipulation Signed by Honorable Phillip J. Caraballo on 03/13/2025. (ss) |
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| Wednesday, March 12, 2025 | ||
| 32 | 32
2
pgs
misc
Stipulation
Wed 03/12 4:08 PM
STIPULATION TO DISMISS DEFENDANTS by Christina Spano Weiner, Gregory Weiner, filed by Christina Spano Weiner, Gregory Weiner.(van der Veen, Michael) |
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| Wednesday, March 05, 2025 | ||
| 30 | 30
2
pgs
order
Order on Motion to Extend Time
Wed 03/05 2:46 PM
ORDER granting29 Motion to Extend Case Management Deadlines; SEE ORDER FOR ALL INFO; Signed by Honorable Phillip J. Caraballo on 3/5/25 (ep) |
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| Friday, February 28, 2025 | ||
| 29 | 29
motion
Extension of Time
Fri 02/28 8:32 PM
Joint MOTION for Extension of Time to Case Management Deadlines by BMR Operations, LLC, BM Resort Management, LLC.(Walsh, James) |
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Att: 1
Certificate of Concurrence,
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Att: 2
Proposed Order,
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Att: 3
Certificate of Service
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| Wednesday, February 19, 2025 | ||
| 28 | 28
order
Scheduling Order
Wed 02/19 9:41 AM
SCHEDULING ORDER:Telephone Discovery Conference set for 3/10/2025 at 03:00 PM before Honorable Phillip J. Caraballo.Signed by Honorable Phillip J. Caraballo on 02/19/2025. (ss) |
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| Thursday, January 30, 2025 | ||
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order
Verbal Order Reassigning Case
Thu 01/30 12:31 PM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Phillip J. Caraballo for all further proceedings. (jw) |
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| Thursday, January 23, 2025 | ||
| 27 | 27
1
pgs
misc
Letter
Thu 01/23 12:02 PM
Letter to Magistrate Judge Carlson from Attorney Jerry Lindheim, RE: Discovery (rw) |
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| Monday, November 25, 2024 | ||
| 26 | 26
1
pgs
order
Order on Motion to Extend Time
Mon 11/25 12:23 PM
ORDER - IT IS ORDERED that the Joint Motion25 to Extend Case Management Deadlines is GRANTED. the case management deadlines are extended asfollows: Discovery due by 2/28/2025. Plaintiff Expert Report is due by 3/15/2025. Defendant Expert Report is due by 4/30/2025. Dispositive Motions and Supporting Briefs due by 4/23/2025. Signed by Magistrate Judge Martin C Carlson on 11/25/24. SEE ORDER FOR COMPLETE DETAILS. (rw) |
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| 25 | 25
motion
Extension of Time
Mon 11/25 9:39 AM
Second MOTION for Extension of Time to Case Management Deadlines by BMR Operations, LLC, BM Resort Management, LLC.(Walsh, James) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Service
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| Thursday, October 24, 2024 | ||
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discov
Response to Discovery Request
Thu 10/24 12:34 PM
RESPONSE to Discovery Request from BM Operations, LLC and Blue Mountain Resort by BMR Operations, LLC, Blue Mountain Resort Management, LLC.(Walsh, James) |
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| 23 | 23
discov
Response to Discovery Request
Thu 10/24 12:33 PM
RESPONSE to Discovery Request from BM Resort Managment, LLC and Blue Mountain Resort by BMR Operations, LLC, Blue Mountain Resort Management, LLC.(Walsh, James) |
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| 22 | 22
motion
Compel Discovery
Thu 10/24 11:54 AM
Endorsed MOTION to Compel Discovery by Christina Spano Weiner.(van der Veen, Michael) |
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2
pgs
order
Order on Motion to Compel Discovery
Thu 10/24 11:23 AM
ORDER - IT IS ORDERED that Plaintiff's Motion20 to Compel Discovery is GRANTED in part as follows: On or before November 8, 2024, the defendants shall respond to the outstanding discovery or show cause why they should not be required to respond. Signed by Magistrate Judge Martin C Carlson on 10/24/24. (rw) |
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| Tuesday, October 15, 2024 | ||
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11
pgs
motion
Compel Discovery
Tue 10/15 2:29 PM
MOTION to Compel Discovery by Christina Spano Weiner, Gregory Weiner.(van der Veen, Michael) |
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| Monday, August 19, 2024 | ||
| 19 | 19
1
pgs
order
Order on Motion to Extend Time
Mon 08/19 9:15 AM
ORDER - IT IS ORDERED that the Joint Motion18 to Extend Case Management Deadlines is GRANTED. The deadlines are extended as follows: Close of Fact Discovery due by 11/30/2024. Plaintiff Expert Report is due by 12/15/2024. Defendant Expert Report is due by 1/31/2025. Dispositive Motions & Supporting Briefs are due by 1/15/2025. Signed by Magistrate Judge Martin C Carlson on 8/19/24. (rw) |
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| Friday, August 16, 2024 | ||
| 18 | 18
motion
Extension of Time
Fri 08/16 5:11 PM
Joint MOTION for Extension of Time to 90 days to complete discovery by BM Resort Management, LLC, BMR Operations, LLC.(Walsh, James) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Service
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| Wednesday, July 10, 2024 | ||
| 17 | 17
2
pgs
order
Order ~Util - Set Deadlines
Wed 07/10 11:09 AM
ORDER - On or before 7/19/24, the parties file a status report confirming service of all named dfts or instructing what steps would be necessary to complete service. Signed by Magistrate Judge Martin C Carlson on 7/10/24. (ma) |
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| Thursday, June 06, 2024 | ||
| 16 | 16
order
Scheduling Order
Thu 06/06 9:28 AM
ORDER - IT IS ORDERED that on or before June 20, 2024, the parties file a status report confirming service of all named defendants or instructing what steps would be necessary to complete service. Signed by Magistrate Judge Martin C Carlson on 6/6/24. (rw) |
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| Tuesday, April 30, 2024 | ||
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misc
Docket Annotation
Tue 04/30 11:22 AM
DOCKET ANNOTATION: Document 16 deleted as it was filed in error. (rw) |
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| Monday, March 18, 2024 | ||
| 15 | 15
order
Case Management Order - Standard Track
Mon 03/18 1:48 PM
CASE MANAGEMENT ORDER - IT IS ORDERED that the following deadlines have been established for this case: Close of Fact Discovery due by 8/30/2024. Plaintiff Expert Report is due by 9/15/2024. Defendant Expert Report is due by 10/31/2024. Dispositive Motions and Supporting Briefs Due due by 10/15/2024. Signed by Magistrate Judge Martin C Carlson on 3/18/24. SEE ORDER FOR COMPLETE DETAIL(rw) |
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| Wednesday, March 13, 2024 | ||
| 13 | 13
misc
Case Management Plan
Wed 03/13 1:29 PM
CASE MANAGEMENT PLAN Joint by BMR Operations, LLC. (Hinkle, Anthony) |
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| Friday, February 23, 2024 | ||
| 12 | 12
order
Scheduling Order
Fri 02/23 2:02 PM
SCHEDULING ORDER - Provided that parties consent to magistrate judge jurisdiction, a telephonic case management conference will be held in the above-captioned case on 3/18/2024 at 11:00 AM before Magistrate Judge Martin C Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C Carlson on February 23, 2024. (kjn) |
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| Sunday, February 04, 2024 | ||
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order
Verbal Order Reassigning Case
Sun 02/04 6:03 PM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Magistrate Judge Martin C Carlson for all further proceedings. (jw) |
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| Wednesday, December 06, 2023 | ||
| 11 | 11
2
pgs
order
Order Approving Stipulation ~Util - Add and Terminate Parties
Wed 12/06 3:01 PM
Order approving re9 Stipulation of Dismissal, - BMR Resort LLC, Barbara Green (d/b/a KSL Resorts, also d/b/a Blue Mountain Resort), KSL Capital Partners, KSL II Management Operations, LLC (d/b/a KSL Resorts), KSL Resorts, The Tuthill Corporation (d/b/a Blue Mountain Resort), BM Resort Management, LLC (d/b/a Blue Mountain Resort) and BM Resort Management, LLC (d/b/a Blue Mountain Resort) terminated. Signed by Chief MJ Karoline Mehalchick on 12/6/2023. (cw) |
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| Monday, December 04, 2023 | ||
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22
pgs
answer
Answer to Complaint Counterclaim
Mon 12/04 10:33 AM
ANSWER to1 Complaint,, , COUNTERCLAIM against Christina Spano Weiner, Gregory Weiner by BM Resort Management, LLC, BMR Operations, LLC.(Walsh, James) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B
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| 9 | 9
misc
Stipulation of Dismissal
Mon 12/04 9:39 AM
STIPULATION of Dismissal by BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Barbara Green, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation. (Walsh, James) |
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| Tuesday, November 14, 2023 | ||
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2
pgs
order
Order Approving Stipulation ~Util - Set Deadlines
Tue 11/14 8:18 AM
Order approving re7 Stipulation,, BM Resort Management, LLC answer due 12/4/2023; BMR Operations, LLC answer due 12/4/2023; BMR Resort LLC answer due 12/4/2023; Blue Mountain Resort Management, LLC answer due 12/4/2023; Barbara Green answer due 12/4/2023; KSL Capital Partners answer due 12/4/2023; KSL II Management Operations, LLC answer due 12/4/2023; KSL Resorts answer due 12/4/2023; The Tuthill Corporation answer due 12/4/2023. Signed by Chief MJ Karoline Mehalchick on 11/14/2023. (cw) |
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| Monday, November 13, 2023 | ||
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misc
Docket Annotation
Mon 11/13 11:40 AM
DOCKET ANNOTATION: Counsel is reminded that when seeking extension of time, motion practice is preferred by the court with a proposed order and certificate of concurrence/non-concurence. (cw) |
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| Wednesday, November 08, 2023 | ||
| 7 | 7
misc
Stipulation
Wed 11/08 9:06 AM
STIPULATION by BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Barbara Green, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation. (Walsh, James) |
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| Tuesday, October 17, 2023 | ||
| 6 | 6
misc
Consent Form Sent (For Direct Assignment Cases to Magistrate Judges)
Tue 10/17 10:21 AM
CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Blue Mountain Waterpark, L.P., Blue Star Farm Management, LLC, Blue Star Farm, LLC, Blue Sunrise Lodge Development Company, LLC, Blue Sunrise Resort Development Company, LLC, Blue Sunrise Resort Management, LLC, Barbara Green, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation, Christina Spano Weiner, Gregory Weiner YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 11/16/2023 (cw) |
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| Thursday, October 12, 2023 | ||
| 5 | 5
notice
Attorney Appearance - Entry of Appearance
Thu 10/12 11:48 AM
NOTICE of Appearance by Anthony W. Hinkle on behalf of BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Barbara Green, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation (Hinkle, Anthony) |
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| 4 | 4
notice
Attorney Appearance - Entry of Appearance
Thu 10/12 11:45 AM
NOTICE of Appearance by James J. Walsh on behalf of BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Barbara Green, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation (Walsh, James) |
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| Wednesday, September 20, 2023 | ||
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misc
Docket Annotation
Wed 09/20 12:59 PM
DOCKET ANNOTATION: Attorney Michael P. Vandenbergh terminated per Doc.3 ; (ep) |
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| Tuesday, September 19, 2023 | ||
| 3 | 3
notice
Notice (Other) - Do not use this event if this is a Notice of Appeal
Tue 09/19 5:46 PM
NOTICE by Christina Spano Weiner, Gregory Weiner Notice of Withdrawal of Attorney (Lindheim, Jerry) |
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misc
Docket Annotation
Tue 09/19 4:03 PM
DOCKET ANNOTATION: Attorney Lindheim is directed to have Attorney Vandenbergh file for special admission (or make arrangements to be generally admitted) and to request e-filing privileges through Pacer.uscourts.gov (all participating attorneys are required to be e-filers unless they petition the Chief Judge for exemption). (ea) |
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| Monday, September 18, 2023 | ||
| 2 | 2
service
Summons Issued
Mon 09/18 4:53 PM
Summons Issued as to ABC Corporation #1-10, BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Blue Mountain Waterpark, L.P., Blue Star Farm Management, LLC, Blue Star Farm, LLC, Blue Sunrise Lodge Development Company, LLC, Blue Sunrise Resort Development Company, LLC, Blue Sunrise Resort Management, LLC, Barbara Green, John Does and Jane Does #1-10, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (ep) |
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Att: 1
Summons Packet
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| 1 | 1
29
pgs
cmp
Complaint
Mon 09/18 4:53 PM
COMPLAINT against ABC Corporation #1-10, BM Resort Management, LLC, BMR Operations, LLC, BMR Resort LLC, Blue Mountain Resort Management, LLC, Blue Mountain Waterpark, L.P., Blue Star Farm Management, LLC, Blue Star Farm, LLC, Blue Sunrise Lodge Development Company, LLC, Blue Sunrise Resort Development Company, LLC, Blue Sunrise Resort Management, LLC, Barbara Green, John Does and Jane Does #1-10, KSL Capital Partners, KSL II Management Operations, LLC, KSL Resorts, The Tuthill Corporation ( Filing fee $402, Receipt Number APAMDC-6403933), filed by Christina Spano Weiner, Gregory Weiner.(ep) |
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Att: 1
Civil Cover Sheet
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