VESUVIUS USA CORPORATION v. MCCRACKEN et al
| Pennsylvania Western District Court | |
| Judge: | Mark R Hornak |
| Case #: | 2:24-cv-00807 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jun 04, 2024 |
| Terminated: | Jul 16, 2024 |
| Last checked: Sunday Dec 01, 2024 4:08 AM EST |
|
Defendant
TYK AMERICA, INC.
|
Represented By
|
|
Defendant
JOSEPH A. MCCRACKEN
|
Represented By
|
|
Plaintiff
VESUVIUS USA CORPORATION
|
Represented By
|
| TERMINATED PARTIES | |
|
Mediator
RONALD W. FOLINO
Terminated: 07/16/2024
|
Represented By
|
| Docket last updated: 1 hours ago |
| Friday, August 09, 2024 | ||
| 28 | 28
5
pgs
order
Order
Fri 08/09 9:51 AM
ORDER APPROVING27 Stipulation/Consent Order of Court and Order Retaining Jurisdiction to Enforce Settlement Agreement. The Court hereby enters the Order as set forth herein. Signed by Chief Judge Mark R. Hornak on 8/9/24. (bdb) |
|
| 27 | 27
misc
Stipulation
Fri 08/09 8:48 AM
STIPULATION /Consent Order of Court and Order Retaining Jurisdiction to Enforce Settlement Agreement by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| Tuesday, July 16, 2024 | ||
| 26 | 26
order
Order ~Util - Terminate Civil Case
Tue 07/16 1:07 PM
ORDER OF COURT. This action has been resolved and the only matter remaining to be completed is the submission of a stipulation for dismissal. IT IS HEREBY ORDERED that the Clerk mark the above-captioned action CLOSED. IT IS FURTHER ORDERED that the Court expressly retains jurisdiction of this matter to consider any issue arising during the period when such stipulation is being finalized, including but not limited to enforcing any settlement. Signed by Chief Judge Mark R. Hornak on 7/16/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
|
| 25 | 25
adr
Report of Mediation
Tue 07/16 12:08 PM
REPORT of Mediation: Mediation held on 7/15/2024. Case has been resolved. RONALD W. FOLINO terminated. Attorney Ronald W. Folino terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Folino, Ronald) |
|
| Thursday, June 27, 2024 | ||
|
misc
QC - Party did not file Disclosure Statement
Thu 06/27 8:07 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re22 Answer to 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 both LR 7.1.A and FRCvP 7.1(a)(2). 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 7/5/2024. (rtm) |
||
| Wednesday, June 26, 2024 | ||
| 24 | 24
respoth
Response in Opposition
Wed 06/26 11:55 PM
RESPONSE IN OPPOSITION to3 Motion for Preliminary Injunction, Motion for Permanent Injunction, filed by JOSEPH A. MCCRACKEN, TYK AMERICA, INC.. (Schneider, Marcus) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2
|
||
| 23 | 23
answer
Answer to Complaint
Wed 06/26 11:27 PM
ANSWER to Complaint by TYK AMERICA, INC.. (Schneider, Marcus) |
|
| 22 | 22
answer
Answer to Complaint
Wed 06/26 11:26 PM
ANSWER to Complaint by JOSEPH A. MCCRACKEN. (Schneider, Marcus) |
|
| Thursday, June 20, 2024 | ||
| 21 | 21
2
pgs
order
Order Referring Case to Mediation
Thu 06/20 2:50 PM
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION. This case is referred to Mediation. Hon. Ronald W. Folino is appointed as mediator. The ADR conference(s) is set for 7/25/24. Signed by Chief Judge Mark R. Hornak on 6/20/24. (bdb) |
|
| 20 | 20
order
Order
Thu 06/20 2:48 PM
ORDER APPROVING19 Stipulation Selecting ADR process. Signed by Chief Judge Mark R. Hornak on 6/20/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
|
| 19 | 19
adr
Stipulation Selecting ADR process
Thu 06/20 10:33 AM
STIPULATION selecting ADR process by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| Monday, June 17, 2024 | ||
| 18 | 18
1
pgs
order
Order on Motion for Extension of Time to File
Mon 06/17 2:54 PM
ORDER GRANTING17 Motion for Extension of Time to File Response Brief in Opposition to Plaintiff's Motion for Preliminary Injunction. Defendants' Response Brief is due on or before 6/26/24. Signed by Chief Judge Mark R. Hornak on 6/17/24. (jad) |
|
| 17 | 17
motion
Extension of Time to File Document
Mon 06/17 12:26 PM
Unopposed MOTION for Extension of Time to File Response Brief in Opposition to Motion for Preliminary Injunction by JOSEPH A. MCCRACKEN, TYK AMERICA, INC.. (Schneider, Marcus) |
|
|
Att: 1
Proposed Order
|
||
| 16 | 16
misc
Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))
Mon 06/17 12:24 PM
Disclosure Statement identifying TYK Corporation as corporate parent or other affiliate by TYK AMERICA, INC.. (Schneider, Marcus) |
|
| Wednesday, June 12, 2024 | ||
|
misc
QC - Party did not file Disclosure Statement
Wed 06/12 8:27 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re15 Notice of Appearance. 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 both LR 7.1.A and FRCvP 7.1(a)(2). 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 6/20/2024. (rtm) |
||
| Tuesday, June 11, 2024 | ||
| 15 | 15
notice
Notice of Appearance
Tue 06/11 4:12 PM
NOTICE of Appearance by Marcus B Schneider on behalf of JOSEPH A. MCCRACKEN, TYK AMERICA, INC.. (Schneider, Marcus) |
|
| 14 | 14
misc
Stipulation
Tue 06/11 2:13 PM
STIPULATION re1 COMPLAINT, / Waiver of the Service of Summons and Modified Time to File Response to Verified Complaint by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| Thursday, June 06, 2024 | ||
| 13 | 13
misc
Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))
Thu 06/06 3:01 PM
Disclosure Statement identifying Vesuvius plc as corporate parent or other affiliate, declaring citizenship by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| 12 | 12
notice
Notice (Other) - Do Not Use for ADR Documents
Thu 06/06 2:36 PM
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (bdb) |
|
| 11 | 11
7
pgs
order
Order
Thu 06/06 2:35 PM
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Chief Judge Mark R. Hornak on 6/6/24. (bdb) |
|
| 10 | 10
adr
Notice of ADR Designation
Thu 06/06 2:34 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. (bdb) |
|
| 9 | 9
minutes
Status Conference
Thu 06/06 10:00 AM
Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Status Conference held on 6/5/24. (Court Reporter: Jane Proud) (jad) |
|
| Wednesday, June 05, 2024 | ||
| 8 | 8
3
pgs
order
Order on Motion to Expedite Order on Motion for Status Conference Order on Motion for Hearing
Wed 06/05 4:10 PM
ORDER GRANTING AS MODIFIED BY THE COURT7 Motion to Expedite Discovery, MOTION for Status Conference, MOTION for Hearing / Motion for Expedited Discovery, Post-Discovery Status Conference, and Dates of Evidentiary Hearing. Following a Video Status Conference on this date, the Court hereby ORDERS the following deadlines: 1. The Parties shall serve all Requests for Production of Documents, Interrogatories, and/or Requests for Admissions (collectively, "Written Discovery Requests") on or before June 19, 2024. 2. The Parties shall serve written responses and objections to all Written DiscoveryRequests on or before July 3, 2024. It is further ORDERED as set forth herein. Signed by Chief Judge Mark R. Hornak on 6/5/24. (bdb) |
|
| 7 | 7
motion
Expedite Status Conference Hearing
Wed 06/05 12:25 PM
MOTION to Expedite Discovery, MOTION for Status Conference , MOTION for Hearing / Motion for Expedited Discovery, Post-Discovery Status Conference, and Dates of Evidentiary Hearing by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
|
Att: 1
Proposed Order
|
||
| 6 | 6
order
Order ~Util - Set Hearings
Wed 06/05 10:14 AM
SCHEDULING ORDER re3 Motion for Preliminary Injunction. A Video Status Conference is hereby SCHEDULED for THIS DATE, 6/5/24, at 3:00 PM EDT before Chief Judge Mark R. Hornak. Any motions that the parties request that the Court consider prior to said conference are due by 2:00 PM on THIS DATE. Plaintiff's counsel shall promptly forward this Order to defense counsel. Participation information for today's conference will be circulated via email. Signed by Chief Judge Mark R. Hornak on 6/5/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
|
| 5 | 5
notice
Notice of Appearance
Wed 06/05 9:28 AM
NOTICE of Appearance by Patrick L. Abramowich on behalf of VESUVIUS USA CORPORATION. (Abramowich, Patrick) |
|
|
misc
QC - Attorney added without signing any pleadings
Wed 06/05 9:09 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re1 COMPLAINT. ERROR: Attorney added as counsel of record without signing any pleadings. CORRECTION: Attorney Patrick L. Abramowich must file a Notice of Appearance. (jd) |
||
|
misc
QC - Party did not file Disclosure Statement
Wed 06/05 10:39 AM
CLERK'S OFFICE QUALITY CONTROL MESSAGE re2 Disclosure Statement. ERROR: Party did not file disclosure statement identifying citizenship as required pursuant to FRCvP 7.1(a)(2). 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)). CITIZENSHIP Disclosure Statement due by 6/12/2024. (jd) |
||
| Tuesday, June 04, 2024 | ||
| 4 | 4
respm
Brief / Memorandum of Law in Support of Motion
Tue 06/04 4:27 PM
BRIEF in Support re3 Motion for Preliminary Injunction, Motion for Permanent Injunction filed by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| 3 | 3
motion
Preliminary Injunction Permanent Injunction
Tue 06/04 4:26 PM
MOTION for Preliminary Injunction , MOTION for Permanent Injunction by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Proposed Order
|
||
| 2 | 2
misc
Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2))
Tue 06/04 4:10 PM
Disclosure Statement identifying Vesuvius plc as corporate parent or other affiliate, declaring citizenship by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
| 1 | 1
20
pgs
cmp
ATTORNEY Complaint (Credit Card Required)
Tue 06/04 4:05 PM
COMPLAINT against JOSEPH A MCCRACKEN, TYK AMERICA, INC. (Filing fee, including Administrative fee, $405, receipt number APAWDC-8296141), filed by VESUVIUS USA CORPORATION. (Marinstein, Jay) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Civil Cover Sheet
|
||
|
utility
Add and Terminate Judges
Wed 06/05 9:04 AM
Chief Judge Mark R. Hornak added. (jd) |
||