Pennsylvania Western District Court
Judge:David S Cercone
Case #: 2:24-cv-00363
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause28:1330 Breach of Contract
Case Filed:Mar 18, 2024
Terminated:Jan 02, 2025
Last checked: Saturday Sep 14, 2024 4:51 AM EDT
Counter Claimant
CRAMER'S, INC.
Represented By
Fridrikh V. Shrayber
Dentons Cohen & Grigsby P.C.
contact info
Julie A. Mueller
Dentons Cohen & Grigsby P.C.
contact info
Counter Defendant
CASTLE CANNING, LLC.
Represented By
David L. Engler
Engler Law Firm
contact info
Defendant
CRAMER'S, INC.
4944 Southway, S.W.
Canton, OH 44706
Represented By
Fridrikh V. Shrayber
Dentons Cohen & Grigsby P.C.
contact info
Robert E Soles, Jr
Law Offices Of Robert E. Soles, Jr., Lpa
contact info
Julie A. Mueller
Dentons Cohen & Grigsby P.C.
contact info
Plaintiff
CASTLE CANNING, LLC.
101 Broadway
Farrell, PA 16121
Represented By
David L. Engler
Engler Law Firm
contact info


Docket last updated: 31 minutes ago
Thursday, January 02, 2025
36 36 2 pgs order Order ~Util - Terminate Civil Case Thu 01/02 10:37 AM
ORDER granting35 Stipulation filed by CRAMER'S, INC. Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 1/2/2025. (lyk)
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Monday, December 30, 2024
35 35 misc Stipulation Mon 12/30 4:44 PM
STIPULATION of Dismissal with Prejudice by CRAMER'S, INC.. (Shrayber, Fridrikh)
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Wednesday, December 11, 2024
34 34 notice Notice of Settlement Wed 12/11 2:10 PM
NOTICE of Settlement by CRAMER'S, INC. (Shrayber, Fridrikh)
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Wednesday, November 20, 2024
33 33 order Case Management Order ~Util - Terminate Motions Wed 11/20 1:47 PM
AMENDED CASE MANAGEMENT ORDER granting31 MOTION for Extension of Time to Complete Discovery filed by CRAMER'S, INC. Fact Discovery due by January 21, 2025; Plaintiff's Expert Reports due by February 21, 2025; Defendant's Expert Reports due by March 21, 2025; Expert Discovery to be completed by April 21, 2025; Plaintiff's Pretrial Statement due by May 21, 2025; Defendant's Pretrial Statement due by June 23, 2025; Pretrial Stipulation due by July 7, 2025; Dispositive Motions due by August 7, 2025. All other terms and conditions of the Case Management Order dated June 28, 2024, shall remain in full force and effect. Signed by Judge David S. Cercone on 11/20/2024. (lyk)
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Tuesday, November 19, 2024
32 32 1 pgs order Order on Motion to Compel Order on Motion for Sanctions Tue 11/19 2:01 PM
ORDER granting in part denying in part28 Motion to Compel Production of Documents and Discovery Responses, Motion for Sanctions. Plaintiff shall serve full and complete responses to defendant's requests for production and produce all documents responsive thereto within ten (10) days of entry of this Order; Defendant's request for attorney's fees pursuant to Rule 37(a)(5)(A) be, and the same hereby is, denied. Failure to comply with any portion of this Order may result in appropriate sanctions, including the dismissal of this action for failure to prosecute. Signed by Judge David S. Cercone on 11/19/2024. (lyk)
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Friday, November 15, 2024
31 31 motion Extension of Time to Complete Discovery Fri 11/15 10:06 AM
MOTION for Extension of Time to Complete Discovery by CRAMER'S, INC.. (Shrayber, Fridrikh)
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Att: 1 Proposed Order
Tuesday, November 12, 2024
30 30 adr Neutral's Notice of ADR Proceeding Tue 11/12 1:40 PM
Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Mediation Conference set for 12/12/2024 01:30 PM (White, David)
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Thursday, October 17, 2024
29 29 respm Brief / Memorandum of Law in Support of Motion Thu 10/17 10:58 AM
BRIEF in Support re28 Motion to Compel, Motion for Sanctions filed by CRAMER'S, INC.. (Shrayber, Fridrikh)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
28 28 motion Compel Sanctions Thu 10/17 10:56 AM
MOTION to Compel Production of Documents and Discovery Responses , MOTION for Sanctions by CRAMER'S, INC.. (Shrayber, Fridrikh)
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Att: 1 Proposed Order
Friday, September 27, 2024
27 27 adr Notice of Mediation Fri 09/27 4:45 PM
Notice of Mediation by CRAMER'S, INC.. Mediation Date December 12, 2024 at 1:30pm (Mueller, Julie)
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Monday, September 16, 2024
26 26 3 pgs order Order Referring Case to Mediation Mon 09/16 2:50 PM
ORDER REFERRING CASE to Mediation. David White, Esquire is appointed as the mediator. Mediation shall be conducted by 1/10/2025. The report of mediator shall be electronically filed within 7 days of the mediation conference. Julie A. Mueller Esquire is designated as lead counsel. DAVID WHITE is added. Signed by Senior Judge David S. Cercone on 9/16/2024. (kak)
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Friday, September 13, 2024
25 25 adr Stipulation Selecting ADR process Fri 09/13 3:05 PM
STIPULATION selecting ADR process by CRAMER'S, INC.. (Mueller, Julie)
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Friday, September 06, 2024
24 24 minutes Video Status Conference Fri 09/06 2:02 PM
Minute Entry for proceedings held before Judge David S. Cercone: Video Status Conference held on 9/6/2024. The Clerks met with counsel to discuss the status of the case and determine the next steps for submitting the case to the ADR process. After discussion, it was agreed that the parties will complete an ADR Stipulation and file it into the record on or before Friday, September 13, 2024. An ADR referral order will then be issued. The session is to be completed by January 10, 2025. Attorney Mueller designated liaison counsel for ADR purposes. (Court Reporter: none) (mwm)
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Thursday, September 05, 2024
23 23 1 pgs order Order ~Util - Set Hearings Thu 09/05 8:58 AM
ORDER - the Status Conference currently scheduled for today, September 5, 2024, is RESCHEDULED for Friday, September 6, 2024, at 1:00 P.M. The Conference will be conducted by video conference via Zoom.gov. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. The invite will supply the hyperlinks available for participating in the conference. Signed by Judge David S. Cercone on 9/5/2024. (kmk)
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Monday, August 12, 2024
misc QC - Document is discovery Mon 08/12 4:04 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re22 Notice. ERROR: Document is discovery material pursuant to Local Rule 5.4. CORRECTION: Document has been removed from public view. This message is for informational purposes only. (bjr)
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Friday, August 09, 2024
22 22 notice Notice (Other) - Do Not Use for ADR Documents Fri 08/09 2:25 PM
NOTICE of Service by CASTLE CANNING, LLC. (Engler, David)
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Tuesday, August 06, 2024
misc QC - Document is discovery Tue 08/06 1:04 PM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re21 Notice. ERROR: Document is discovery material pursuant to Local Rule 5.4. CORRECTION: Document has been removed from public view. This message is for informational purposes only. (bjr)
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Monday, August 05, 2024
21 21 notice Notice (Other) - Do Not Use for ADR Documents Mon 08/05 11:00 AM
NOTICE of Service by CASTLE CANNING, LLC. (Engler, David)
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Tuesday, June 18, 2024
20 20 3 pgs order Order Tue 06/18 11:39 AM
ORDER implementing Rule 502(d) at the Joint Request of the Parties. Signed by Judge David S. Cercone on 6/18/2024. (kak)
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19 19 order Case Management Order Tue 06/18 11:35 AM
CASE MANAGEMENT ORDER: Amended Pleadings due by 7/12/2024. Joinder of Parties due by 7/12/2024. Discovery due by 12/3/2024. Plaintiff Expert Reports due by 1/3/2025. Defendant Expert Reports due by 2/3/2025. Expert Discovery to be completed by 4/3/2025. Plaintiff Pretrial Statement due by 5/2/2025. Defendant Pretrial Statement due by 6/2/2025. Pretrial Stipulation due by 6/16/2025. Summary Judgment due by 7/16/2025. Signed by Judge David S. Cercone on 6/18/2024. (kak)
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Thursday, June 13, 2024
18 18 1 pgs order Order ~Util - Set Hearings Thu 06/13 1:11 PM
ORDER - a Status Conference with counsel is set for Thursday, September 5, 2024, at 4:00 P.M. The Conference will be conducted by video conference via Zoom.gov. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. The invite will supply the hyperlinks available for participating in the conference. Signed by Judge David S. Cercone on 6/13/2024. (kmk)
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17 17 minutes Initial Case Management Conference Thu 06/13 1:05 PM
Minute Entry for proceedings held before Judge David S. Cercone: Initial Case Management Conference held on 6/12/2024. The Clerk met with counsel to explore appropriate measures for pretrial development and to determine whether the parties have completed all prerequisites for completion of the ADR process. After discussion, it was agreed that submission of the case to the ADR process will be deferred until the parties have conducted some initial discovery. A status conference will be scheduled for September 5, 2024, to determine if the case should be submitted to the ADR process at that juncture. A jury-trial CMO with fact discovery through December 3, 2024, followed by expert discovery through April 3, 2025, and a Rule 502(d) order will follow. (Court Reporter: none) (kmk) Modified text on 6/13/2024. (lyk)
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Tuesday, June 11, 2024
16 16 notice Notice of Appearance Tue 06/11 2:35 PM
NOTICE of Appearance by Julie A. Mueller on behalf of CRAMER'S, INC.. (Mueller, Julie)
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Friday, May 24, 2024
15 15 1 pgs order Order ~Util - Set Deadlines/Hearings Fri 05/24 12:29 PM
ORDER - the Initial Case Management Conference presently scheduled for June 3, 2024, is RESCHEDULED for Wednesday, June 12, 2024, at 11:00 A.M. The Conference will be conducted by video conference via Zoom.gov. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. The invite will supply the hyperlinks available for participating in the conference. Signed by Judge David S. Cercone on 5/24/2024. (kmk)
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Monday, May 06, 2024
14 14 misc Report of Rule 26(f) Planning Meeting Mon 05/06 11:16 AM
REPORT of Rule 26(f) Planning Meeting. (Engler, David)
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13 13 1 pgs order Order on Motion to Appear Pro Hac Vice Mon 05/06 9:50 AM
ORDER granting10 Motion for Robert E. Soles, Jr. to Appear Pro Hac Vice. Signed by Judge David S. Cercone on 5/6/2024. (lyk)
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Friday, May 03, 2024
12 12 misc Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)) Fri 05/03 4:25 PM
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by CRAMER'S, INC.. (Soles, Robert)
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11 11 misc Proposed Order Fri 05/03 4:20 PM
Proposed Order re10 Motion to Appear Pro Hac Vice, by CRAMER'S, INC.. (Soles, Robert)
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misc QC - Party did not file Disclosure Statement Fri 05/03 8:30 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re10 Motion to Appear Pro Hac Vice,. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 5/10/2024. (bjr)
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misc QC - No Proposed Order Attached Fri 05/03 8:31 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re10 Motion to Appear Pro Hac Vice,. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (bjr)
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Thursday, May 02, 2024
10 10 motion Appear Pro Hac Vice (for Attorney filers only, Credit Card required) Thu 05/02 3:42 PM
MOTION for attorney Robert E. Soles, Jr. to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-8247551) by CRAMER'S, INC.. (Soles, Robert)
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Att: 1 Affidavit Affidavit of Robert E. Soles, Jr. In Suppoer to Motion for Admission Pro Hac Vice,
Att: 2 Exhibit Exhibit A - Certificate of Good Standing - Robert E. Soles, Jr.
Wednesday, May 01, 2024
9 9 answer Answer to Counterclaim Wed 05/01 2:52 PM
ANSWER to7 Answer to Complaint, Counterclaim by CASTLE CANNING, LLC.. (Engler, David)
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Tuesday, April 16, 2024
8 8 order Initial Local Rule 16.1 Scheduling Order Tue 04/16 3:51 PM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for June 3, 2024 at 1:00 PM by Video Conference. A member of chambers staff will send a Zoom.gov invite (by email) to counsel of record prior to the hearing. Rule 26 Meeting to be conducted on or before April 22, 2024; Rule 26 Meeting Report due by May 6, 2024. Details more fully stated in Order. Signed by Judge David S. Cercone on 4/16/2024. (lyk)
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Monday, April 15, 2024
7 7 answer Answer to Complaint Counterclaim Mon 04/15 11:52 AM
ANSWER to Complaint , COUNTERCLAIM against CASTLE CANNING, LLC. by CRAMER'S, INC.. (Shrayber, Fridrikh)
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Wednesday, April 10, 2024
6 6 service Summons/Return of Service Returned Executed Wed 04/10 12:02 PM
SUMMONS/Return of Service Returned Executed by CASTLE CANNING, LLC.. CASTLE CANNING, LLC. served on 3/25/2024, answer due 4/15/2024. (Engler, David)
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Monday, April 08, 2024
5 5 misc Errata (to be used by filers) Mon 04/08 9:51 AM
Errata re1 COMPLAINT by CASTLE CANNING, LLC.. Reason for Correction: Attorney signature. (Engler, David)
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4 4 misc Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)) Mon 04/08 9:49 AM
Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by CASTLE CANNING, LLC.. (Engler, David)
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Thursday, March 28, 2024
3 3 adr Notice of ADR Designation Thu 03/28 4:20 PM
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak)
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Tuesday, March 19, 2024
2 2 service Summons Issued Tue 03/19 8:42 AM
Summons Issued as to Cramer's, Inc. (bjr)
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utility Add and Terminate Judges Tue 03/19 8:39 AM
Judge David S. Cercone added. (bjr)
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misc QC - Party did not file Disclosure Statement Tue 03/19 8:43 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 COMPLAINT. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 3/26/2024. (bjr)
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misc QC - No signature s/ Tue 03/19 8:52 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 COMPLAINT. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. Case number is also missing from complaint document. (bjr)
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Monday, March 18, 2024
1 1 cmp ATTORNEY Complaint (Credit Card Required) Mon 03/18 5:09 PM
COMPLAINT (Filing fee, including Administrative fee, $405, receipt number APAWDC-8168929), filed by Castle Canning, LLC.. (Engler, David)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons