Pennsylvania Eastern District Court
Judge:Gerald J Pappert
Case #: 2:24-cv-01212
Nature of Suit350 Torts - Personal Injury - Motor Vehicle
Cause28:1332 Diversity-Tort/Motor Vehicle (P.I.)
Case Filed:Mar 21, 2024
Terminated:Jan 07, 2025
Case in other court:County of Philadelphia Court of Common Pleas, 240201552
Last checked: Tuesday Sep 17, 2024 4:30 AM EDT
Defendant
Encore Luxury Coach Leasing, LLC
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info
Defendant
Thomas Kendrew
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info
Defendant
NiteTrain Coach Company, Inc.
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info
Plaintiff
Julian Milligan
Represented By
NICOLA F. SERIANNI
Simon And Simon, PC
contact info
MARC I. SIMON
Simon & Simon, PC
contact info
ThirdParty Defendant
KELISHA TARVER
ThirdParty Plaintiff
Encore Luxury Coach Leasing, LLC
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info
ThirdParty Plaintiff
Thomas Kendrew
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info
ThirdParty Plaintiff
NiteTrain Coach Company, Inc.
Represented By
JOSEPH R. FOWLER
Fowler Hirtzel Mcnulty & Spaulding, LLP
contact info
Spencer D Mendez
Fowler, Hirtzel, Mcnulty & Spaulding, LLC
contact info
SAMUEL A. GARSON
Fowler Hirtzel Mcnulty & Spaulding, LLC
contact info


Docket last updated: 11 hours ago
Wednesday, January 08, 2025
39 39 minutes Telephone Conference Thu 01/09 10:21 AM
Minute Entry for proceedings held before DISTRICT JUDGE GERALD J. PAPPERT. Telephone Conference Not on the Record held on 1/7/25. (va)
Related: [-]
Tuesday, January 07, 2025
38 38 1 pgs order Order Dismissing Case - 41(b) Tue 01/07 12:10 PM
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY THE HONORABLE GERALD J. PAPPERT ON 1/7/25. 1/7/25 ENTERED AND COPIES E-MAILED.(kf)
Related: [-]
37 37 notice Notice of Hearing Tue 01/07 11:38 AM
NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR JANUARY 7, 2025 AT 12:00 PM BEFORE THE HONORABLE GERALD J. PAPPERT.(kf)
Related: [-]
36 36 1 pgs order Order Order Setting Hearing on Motion Tue 01/07 10:47 AM
ORDER THAT AN EVIDENTIARY HEARING ON DEFENDANTS MOTION IN LIMINE TO PRECLUDE MARK AVART, D.O.S TESTIMONY AND/OR EXPERT REPORT (ECF NO.33 ), SHALL BE HELD ON THURSDAY, JANUARY 9, 2025 AT 10:00 A.M. IN COURTROOM 11-A. DR. AVART MUST APPEAR IN PERSON. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 1/7/25. 1/7/25 ENTERED AND COPIES E-MAILED.(va)
Related: [-]
Monday, January 06, 2025
35 35 misc Pretrial Memorandum Mon 01/06 4:25 PM
PRETRIAL MEMORANDUM by Thomas Kendrew, NiteTrain Coach Company, Inc., Encore Luxury Coach Leasing, LLC Certificate of Service.(FOWLER, JOSEPH)
Related: [-]
Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit
34 34 misc Pretrial Memorandum Mon 01/06 2:56 PM
PRETRIAL MEMORANDUM by Julian Milligan. (SERIANNI, NICOLA)
Related: [-]
Monday, December 30, 2024
33 33 motion In Limine Mon 12/30 5:46 PM
MOTION in Limine to Preclude Mark Avart, D.O.'s Testimony and/or Expert Report filed by Thomas Kendrew, NiteTrain Coach Company, Inc., Encore Luxury Coach Leasing, LLC.Memorandum and Certificate of Service.(FOWLER, JOSEPH)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Memorandum,
Att: 3 Certificate of Service,
Att: 4 Exhibit
Friday, November 15, 2024
32 32 minutes Telephone Conference Fri 11/15 2:54 PM
Minute Entry for proceedings held before DISTRICT JUDGE GERALD J. PAPPERT. Telephone Conference held on 11/15/2024. (ahf)
Related: [-]
Wednesday, November 13, 2024
31 31 notice Notice of Hearing Wed 11/13 5:25 PM
NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR FRIDAY, NOVEMBER 15, 2024 AT 11:00 AM BEFORE THE HONORABLE GERALD J. PAPPERT. (kf)
Related: [-]
Friday, October 11, 2024
30 30 notice Notice of Withdrawal of Appearance Fri 10/11 10:28 AM
NOTICE of Withdrawal of Appearance by Spencer D Mendez on behalf of Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc.(Mendez, Spencer)
Related: [-]
Monday, August 26, 2024
29 29 service Affidavit of Service Mon 08/26 2:03 PM
AFFIDAVIT of Service by Dennis Richman's Services for the Professional, Inc. re: served Summons & Third-Party Complaint upon Kelisha Tarver by Substituted Service on 08/21/2024 (FOWLER, JOSEPH)
Related: [-]
Wednesday, August 07, 2024
28 28 service Summons Issued Thu 08/08 9:22 AM
Summons Issued as to KELISHA TARVER. Forwarded To: 3rd Party Plaintiff's Counsel on 8/8/24 (va)
Related: [-]
27 27 cmp Third Party Complaint Thu 08/08 9:12 AM
THIRD PARTY COMPLAINT against KELISHA TARVER, filed by NiteTrain Coach Company, Inc., Encore Luxury Coach Leasing, LLC, Thomas Kendrew.(va)
Related: [-]
26 26 1 pgs order Order on Motion for Joinder Thu 08/08 9:08 AM
ORDER GRANTING22 MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 8/7/24. 8/8/24 ENTERED AND COPIES E-MAILED.(va)
Related: [-]
25 25 respm Response to Motion Wed 08/07 9:43 AM
RESPONSE to Motion re22 MOTION for Joinder filed by Julian Milligan. (SERIANNI, NICOLA)
Related: [-]
Monday, August 05, 2024
24 24 1 pgs order Order ~Util - Set Motion and R&R Deadlines/Hearings Mon 08/05 4:18 PM
ORDER THAT PLAINTIFF JULIAN MILLIGAN SHALL FILE A RESPONSE TO DEFENDANTS THOMAS KENDREW, NITETRAIN COACH COMPANY, INC. AND ENCORE LUXURY COACH LEASING, LLCS MOTION FOR JOINDER (ECF22 ) OR A NOTICE NOTIFYING THE COURT SHE DOES NOT OPPOSE THE MOTION ON OR BEFORE FRIDAY, 8/9/2024. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 8/5/24. 8/5/24 ENTERED AND COPIES E-MAILED. (va)
Related: [-]
Monday, July 15, 2024
23 23 order Scheduling Order Mon 07/15 8:10 PM
AMENDED SCHEDULING ORDER: THE CASE IS REFERRED TO MAGISTRATE JUDGE ELIZABETH HEY FOR SETTLEMENT. FINAL PRETRIAL CONFERENCE SET FOR 1/9/2025 AT 10:00 AM IN COURTROOM 11A. DISCOVERY DUE BY 10/21/2024. MOTION IN LIMINE DUE BY 12/10/2024. PLAINTIFF PRETRIAL MEMO DUE BY 1/6/2025. DEFENDANT PRETRIAL MEMO DUE BY 1/6/2025. TRIAL DATE SET FOR 1/14/2025 AT 09:30 AM IN COURTROOM 11A. ETC. SIGNED BY MAGISTRATE JUDGE ELIZABETH T. HEY ON 7/15/24. 7/15/24 ENTERED AND COPIES E-MAILED. (va)
Related: [-]
Friday, July 05, 2024
22 22 motion Joinder Fri 07/05 10:03 AM
MOTION for Joinder filed by Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc..Brief, Certificate of Service.(GARSON, SAMUEL)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Exhibit,
Att: 3 Exhibit
Monday, July 01, 2024
21 21 1 pgs order Order on Motion to Compel Tue 07/02 11:38 AM
ORDER DENYING WITHOUT PREJUDICE18 MOTION TO COMPEL. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 7/1/24. 7/2/24 ENTERED AND COPIES E-MAILED. (va)
Related: [-]
20 20 minutes Telephone Conference Tue 07/02 11:32 AM
Minute Entry for proceedings held before DISTRICT JUDGE GERALD J. PAPPERT. Telephone Conference Not on the Record held on 7/01/2024. (va)
Related: [-]
Friday, June 28, 2024
19 19 notice Notice of Hearing Fri 06/28 12:17 PM
NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 7/1/2024 at 4:00 PM BEFORE THE HONORABLE GERALD J. PAPPERT.(kf)
Related: [-]
Thursday, June 27, 2024
18 18 motion Compel Thu 06/27 2:21 PM
MOTION to Compel Plaintiff's Answers to Interrogatories and Responses to Request for Production of Documents filed by Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc..Certificate of Counsel, Certificate of Service.(GARSON, SAMUEL)
Related: [-]
Att: 1 Text of Proposed Order,
Att: 2 Exhibit,
Att: 3 Exhibit
Tuesday, May 14, 2024
17 17 notice Notice (Other) Tue 05/14 4:31 PM
NOTICE OF SETTLEMENT PROCEDURES FROM CHAMBERS OF MAGISTRATE JUDGE ELIZABETH T. HEY. (va)
Related: [-]
Tuesday, April 23, 2024
16 16 2 pgs order Order Referring Case to Magistrate Judge-Settlement Scheduling Order Tue 04/23 7:56 PM
SCHEDULING ORDER: THE CASE IS REFERRED TO MAGISTRATE JUDGE ELIZABETH HEY FOR SETTLEMENT. FINAL PRETRIAL CONFERENCE SET FOR 10/1/2024 AT 10:00 AM IN COURTROOM 11A. DISCOVERY DUE BY 7/23/2024. MOTION IN LIMINE DUE BY 9/11/2024. PLAINTIFF PRETRIAL MEMO DUE BY 9/25/2024. DEFENDANT PRETRIAL MEMO DUE BY 9/25/2024. TRIAL DATE SET FOR 10/7/2024 AT 09:30 AM IN COURTROOM 11A. ETC. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 4/23/24. 4/23/24 ENTERED AND COPIES E-MAILED. (va)
Related: [-]
15 15 minutes Pretrial Conference - Initial Tue 04/23 7:36 PM
Minute Entry for proceedings held before DISTRICT JUDGE GERALD J. PAPPERT. Pretrial Conference Not on the Record held on 4/23/2024. (va)
Related: [-]
Friday, April 19, 2024
14 14 misc Status Report Fri 04/19 1:58 PM
STATUS REPORT by Julian Milligan. (SERIANNI, NICOLA)
Related: [-]
Wednesday, April 17, 2024
13 13 misc Letter Wed 04/17 3:19 PM
Letter dated April 17, 2024 by Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc.. (FOWLER, JOSEPH)
Related: [-]
Friday, April 12, 2024
12 12 2 pgs order Order ~Util - Set Hearings Fri 04/12 5:56 PM
ORDER THAT A PRETRIAL CONFERENCE WILL BE HELD ON TUESDAY, APRIL 23, 2024 AT 10:00 A.M., VIA TELEPHONE. THE COURT WILL PROVIDE THE CALL-IN INFORMATION. RULE 1 OF THE FEDERAL RULES OF CIVIL PROCEDURE REQUIRES THOSE RULES TO BE CONSIDERED, ADMINISTERED AND EMPLOYED BY THE COURT AND THE PARTIES TO SECURE THE JUST, SPEEDY AND INEXPENSIVE DETERMINATION OF THIS CASE. THE COURT AND COUNSEL MUST THEREFORE WORK COOPERATIVELY TO CONTROL THE CASES SCHEDULE AND COST. THIS PRETRIAL CONFERENCE IS AN IMPORTANT PART OF THE PROCESS BY WHICH THE COURT, WITH THE PARTIES COOPERATION AND ASSISTANCE, WILL MANAGE THIS LITIGATION. THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(A) WITHIN 14 DAYS OF THIS ORDER; THE PARTIES SHALL COMMENCE DISCOVERY IMMEDIATELY; AFTER CONSULTATION WITH COUNSEL FOR ALL PARTIES, COUNSEL SHALL COMPLETE AND FILE WITH THE CLERK THE REQUIRED REPORT OF THE RULE 26(F) MEETING INCORPORATING ALL THE INFORMATION IN THE ATTACHED FORM REPORT ON OR BEFORE APRIL 19, 2024; ETC. SIGNED BY DISTRICT JUDGE GERALD J. PAPPERT ON 4/12/24. 4/12/24 ENTERED AND COPIES E-MAILED.(va)
Related: [-]
Thursday, April 11, 2024
11 11 answer Answer to Complaint Thu 04/11 2:35 PM
ANSWER to Complaint by Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc..(FOWLER, JOSEPH)
Related: [-]
Friday, April 05, 2024
10 10 notice Notice of Appearance Fri 04/05 9:43 AM
NOTICE of Appearance by NICOLA F. SERIANNI on behalf of Julian Milligan (SERIANNI, NICOLA)
Related: [-]
9 9 misc Report Of Fri 04/05 8:16 AM
ARBITRATION CERTIFICATION by Julian Milligan. (SERIANNI, NICOLA) Modified on 4/5/2024 (afm)
Related: [-]
Monday, April 01, 2024
8 8 service Affidavit of Service Mon 04/01 2:19 PM
AFFIDAVIT of Service by PS re: served Complaint & Discovery upon NiteTrain Coach Company, Inc. by Certified Mail/RRR on 2/26/24 (SIMON, MARC)
Related: [-]
7 7 service Affidavit of Service Mon 04/01 2:17 PM
AFFIDAVIT of Service by PS re: served Complaint & Discovery upon Encore Luxury Coach Leasing, LLC f/k/a Nitetrain Coach Co., Inc. d/b/a Encore Coaches by Certified Mail/RRR on 2/26/24 (SIMON, MARC)
Related: [-]
6 6 service Affidavit of Service Mon 04/01 2:16 PM
AFFIDAVIT of Service by PS re: served Complaint & Discovery upon Thomas Kendrew by Certified Mail/RRR on 2/26/24 (SIMON, MARC)
Related: [-]
Wednesday, March 27, 2024
5 5 misc State Court Record - Attachment Wed 03/27 2:00 PM
State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, )
Related: [-]
Thursday, March 21, 2024
4 4 adr Letter re: Arbitration Certification Thu 03/21 3:41 PM
Letter re: Arbitration Certification(sbt)
Related: [-]
Att: 1 Arbitration Certification Form
3 3 notice Notice of Appearance Thu 03/21 1:44 PM
NOTICE of Appearance by Spencer D Mendez on behalf of Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc. (Mendez, Spencer)
Related: [-]
2 2 notice Notice of Appearance Thu 03/21 1:43 PM
NOTICE of Appearance by SAMUEL A. GARSON on behalf of Encore Luxury Coach Leasing, LLC, Thomas Kendrew, NiteTrain Coach Company, Inc. (GARSON, SAMUEL)
Related: [-]
1 1 cmp Notice of Removal (Attorney) Thu 03/21 1:14 PM
NOTICE OF REMOVAL by NiteTrain Coach Company, Inc., Encore Luxury Coach Leasing, LLC, Thomas Kendrew (Filing fee $ 405 receipt number APAEDC-17346178), filed by NiteTrain Coach Company, Inc., Encore Luxury Coach Leasing, LLC, Thomas Kendrew.(FOWLER, JOSEPH) (Attachment 1 replaced on 3/21/2024) (sbt). (Attachment 2 replaced on 3/21/2024) (sbt)
Related: [-]
Att: 1 Designation Form,
Att: 2 Civil Cover Sheet