GORE v. HARBOR FREIGHT TOOLS et al
| New Jersey District Court | |
| Judge: | Robert Kirsch |
| Referred: | Rukhsanah L Singh |
| Case #: | 3:23-cv-20776 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1331 Fed. Question: Personal Injury |
| Case Filed: | Sep 28, 2023 |
| Terminated: | Sep 17, 2024 |
| Last checked: Tuesday Mar 26, 2024 4:44 AM EDT |
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Defendant
HARBOR FREIGHT TOOLS
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Defendant
ERIC SMIDT
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Plaintiff
JOHN LEE GORE
814 SOUTHARD STREET APT. 2A
TRENTON, NJ 08638 |
GPO
Apr 25 2024
24/2024. (jdg)MEMORANDUM ORDER that Plaintiff's 1-4 IFP Application is GRANTED. The Clerk shall file the Complaint. The Clerk of the Court shall provide Plaintiff with a copy of the USM-285 form for each named Defendant. Signed by Judge Robert Kirsch on 4/ |
| Docket last updated: 2 hours ago |
| Monday, November 18, 2024 | ||
| 21 | 21
order
Order on Motion for Miscellaneous Relief
Mon 11/18 2:23 PM
TEXT ORDER : The Court is in receipt of the parties' briefing on pro se Plaintiff's motion to void the settlement agreement. (ECF Nos.19 and20 .) Plaintiff does not claim that Defendants failed to comply with the Settlement Agreement in any manner, but rather, Plaintiff regrets entering into the agreement, i.e., buyer's remorse, and simply claims he was in an "immoral state" and "under dire duress." (ECF No.19 ). Upon review of the briefing and the Settlement Agreement (ECF No. 20-9), the Court finds it is without jurisdiction to consider the Motion (ECF No.19 ). Issues pursuant to a settlement agreement are matters of contract law for state court. See Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 376 (1994). This is true even when a settlement agreement settles a federal claim. See Millar v. AmeriHealth Ins. Co. of N. J., No. 15-296, 2024 WL 1485867, at *2 (D.N.J. Apr. 5, 2024) (citing Nelson v. Pennsylvania, 125 F. App'x 380, 382 (3d Cir. 2005). For this Court to have jurisdiction, there must be "some independent basis for federal jurisdiction." E.O.H.C. v. Sec'y United States Dep't of Homeland Sec. , 950 F.3d 177, 193 (3d Cir. 2020) (quoting Kokkonen , 511 U.S. at 382) (internal quotation omitted). Here, there is no basis for ancillary jurisdiction because there is no Court order incorporating the terms of the Settlement Agreement nor any provision in the Settlement Agreement indicating any intent for this Court to retain jurisdiction. Millar , 2024 WL 1485867, at *2 (citing In re Phar-Mor, Inc. Sec. Litig. , 172 F.3d 270, 274 (3d Cir. 1999)). Therefore, the Motion is DISMISSED for lack of jurisdiction. The Case is to remain CLOSED . So Ordered by Judge Robert Kirsch. (pdm) |
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| Monday, October 21, 2024 | ||
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8
pgs
respm
Memorandum in Opposition of Motion
Mon 10/21 11:23 PM
MEMORANDUM in Opposition filed by All Defendants re19 MOTION MOTION TO VOID SETTLEMENT REINSTATEMENT OF AMENDED COMPLAINT(FEGAN, JEFFREY) |
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Att: 1
Declaration of Jeffrey C. Fegan,
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Att: 2
Exhibit A - plaintiff's Complaint, dated September 28, 2023,
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Att: 3
Exhibit B - plaintiff's Amended Complaint, dated April 17, 2024,
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Att: 4
Exhibit C - defendants' motion to dismiss plaintiff's Complaint and Amended Complaint, dated May 29, 2024,
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Att: 5
Exhibit D - defendants' letter to the Court advising them of the parties' settlement and withdrawing their pre-answer motions to dismiss,
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Att: 6
Exhibit E - Court's Order regarding the withdrawal of defendants' motion to dismiss plaintiff's Complaint,
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Att: 7
Exhibit F - plaintiff's motion to dismiss his case, dated June 27, 2024,
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Att: 8
Exhibit G - confirmation of delivery of the settlement check to plaintiff as regards this case,
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Att: 9
Exhibit H - the settlement release signed by plaintiff John Lee Gore with respect to this case
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| Friday, October 04, 2024 | ||
| 19 | 19
motion
Miscellaneous Relief
Fri 10/04 4:17 PM
MOTION TO VOID SETTLEMENT REINSTATEMENT OF AMENDED COMPLAINT by JOHN LEE GORE. (jdg) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 10/04 4:17 PM
Set Deadlines as to19 MOTION TO VOID SETTLEMENT REINSTATEMENT OF AMENDED COMPLAINT. Motion set for 11/4/2024 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
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| Tuesday, September 17, 2024 | ||
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order
Order on Motion for Judgment on the Pleadings Order on Motion to Withdraw
Tue 09/17 4:17 PM
TEXT ORDER : The parties have settled this matter with respect to all claims (see ECF Nos.15 -17 ). The Court directs the clerk to TERMINATE the motions at ECF Nos.12 and17 and to CLOSE the matter. So Ordered by Judge Robert Kirsch on 09/17/2024. (pdm) |
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utility
Terminate Civil Case
Tue 09/17 4:27 PM
***Civil Case Terminated. (pdm) |
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| Thursday, June 27, 2024 | ||
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motion
Withdraw
Thu 06/27 2:40 PM
MOTION to Withdraw Complaint Pursuant to Settlement by JOHN LEE GORE.(kht) |
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Att: 1
Proof of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 06/27 2:40 PM
Set Deadlines as to17 MOTION to Withdraw. Motion set for 8/5/2024 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
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| Monday, June 17, 2024 | ||
| 16 | 16
1
pgs
order
Order
Mon 06/17 12:47 PM
LETTER ORDER granting request to withdraw13 Motion to Dismiss as moot. Signed by Judge Robert Kirsch on 6/17/2024. (mlh) |
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| Thursday, June 13, 2024 | ||
| 15 | 15
misc
Letter
Thu 06/13 11:34 AM
Letter from Jeffrey C. Fegan re13 MOTION to Dismiss ,14 Response in Opposition to Motion. (FEGAN, JEFFREY) |
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respm
Response in Opposition to Motion
Thu 06/13 11:32 AM
RESPONSE in Opposition filed by JOHN LEE GORE re13 MOTION to Dismiss (kht) |
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| Thursday, May 30, 2024 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 05/30 8:59 AM
Set Deadlines as to13 MOTION to Dismiss . Motion set for 7/1/2024 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
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| Wednesday, May 29, 2024 | ||
| 13 | 13
motion
Dismiss
Wed 05/29 11:50 PM
MOTION to Dismiss by HARBOR FREIGHT TOOLS, ERIC SMIDT.(FEGAN, JEFFREY) |
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Att: 1
Declaration of Jeffrey C. Fegan,
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Att: 2
Exhibit 1 - Plaintiff's initial complaint,
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Att: 3
Exhibit 2 - Plaintiff's amended complaint,
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Att: 4
Brief,
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Att: 5
Text of Proposed Order,
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Att: 6
Certificate of Service
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| Friday, May 17, 2024 | ||
| 12 | 12
motion
Judgment on the Pleadings
Fri 05/17 3:48 PM
MOTION for Judgment on the Pleadings by JOHN LEE GORE. (jal, ) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 05/17 3:49 PM
Set Deadlines as to12 MOTION for Judgment on the Pleadings. Motion set for 6/17/2024 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, ) |
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| Wednesday, May 15, 2024 | ||
| 11 | 11
service
Summons Returned Executed
Wed 05/15 3:40 PM
SUMMONS Returned Executed by USMS as to ERIC SMIDT served on 5/8/2024, answer due 5/29/2024. (kht) |
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service
Summons Returned Executed
Wed 05/15 3:39 PM
SUMMONS Returned Executed by USMS as to HARBOR FREIGHT TOOLS served on 5/8/2024, answer due 5/29/2024. (kht) |
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| Monday, May 06, 2024 | ||
| 9 | 9
service
Summons Issued
Mon 05/06 11:59 AM
SUMMONS ISSUED as to HARBOR FREIGHT TOOLS, ERIC SMIDT. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
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misc
Certificate of Clerk
Mon 05/06 11:49 AM
USM-285 forms received for HARBOR FREIGHT TOOLS and ERIC SMIDT (kht) |
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| Thursday, April 25, 2024 | ||
| 8 | 8
3
pgs
order
Order Granting/Denying In Forma Pauperis
Thu 04/25 2:14 PM
MEMORANDUM ORDER that Plaintiff's1 -4 IFP Application is GRANTED. The Clerk shall file the Complaint. The Clerk of the Court shall provide Plaintiff with a copy of the USM-285 form for each named Defendant. Signed by Judge Robert Kirsch on 4/24/2024. (jdg) |
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misc
Docket Annotation (public)
Thu 04/25 2:15 PM
2 blank USM-285 Forms were sent to Plaintiff via regular mail on 4/25/2024. (jdg) |
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cmp
Complaint
Thu 04/25 2:15 PM
COMPLAINT filed. See docket entry7 .(jdg) |
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| Wednesday, April 17, 2024 | ||
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cmp
Amended Complaint
Wed 04/17 4:03 PM
PROPOSED AMENDED COMPLAINT, filed by JOHN LEE GORE.(kht) |
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misc
Application/Petition
Wed 04/17 4:02 PM
PETITION for Writ of Mandamus for by JOHN LEE GORE.(kht) |
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Att: 1
Application IFP
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| Tuesday, January 09, 2024 | ||
| 5 | 5
appeal
USCA Order (Does NOT Term Appeal)
Tue 02/06 8:57 AM
CERTIFIED ORDER of USCA that the petition for writ of mandamus is DENIED. (jjc, ) |
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| Monday, December 04, 2023 | ||
| 4 | 4
misc
Application/Petition
Tue 12/05 2:21 PM
PETITION for Writ of Mandamus by JOHN LEE GORE.(mlh) |
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Att: 1
Docket Sheet,
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Att: 2
Envelope
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| Friday, September 29, 2023 | ||
| 3 | 3
notice
Notice of Guidelines for Pro Se Filers
Fri 09/29 11:10 AM
Notice of Guidelines for Appearing Pro Se (jjc, ) |
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| Thursday, September 28, 2023 | ||
| 2 | 2
notice
Notice (Other)
Fri 09/29 11:09 AM
CONSENT & REGISTRATION to Receive Documents Electronically filed by JOHN LEE GORE (jjc, ) |
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service
Complaint Received
Fri 09/29 11:08 AM
Complaint Received.(jjc, ) |
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Att: 1
Statement of Case,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Application IFP,
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Att: 5
Text of Proposed Order,
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Att: 6
Motion
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