FRANKINA et al v. RUBBERMAID INCORPORATED
| Pennsylvania Eastern District Court | |
| Judge: | Chad F Kenney |
| Case #: | 2:24-cv-04584 |
| Nature of Suit | 385 Torts - Personal Property - Property Damage Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 29, 2024 |
| Case in other court: | Court of Common Pleas of Montgomery County, 24-18522 |
| Last checked: Tuesday Feb 25, 2025 3:39 AM EST |
|
Defendant
RUBBERMAID INCORPORATED
|
Represented By
|
|
Plaintiff
JOSEPH FRANKINA
|
Represented By
|
|
Plaintiff
MARIA FRANKINA
|
Represented By
|
| Docket last updated: 05/16/2025 11:59 PM EDT |
| Thursday, May 08, 2025 | ||
| 33 | 33
adr
Request for Trial De Novo
Thu 05/08 12:03 PM
REQUEST for Trial De Novo by JOSEPH FRANKINA, MARIA FRANKINA(FERRIS, BRYAN) |
|
|
Att: 1
Exhibit Exhibit A - Arbitration Award
|
||
| Thursday, April 24, 2025 | ||
| 32 | 32
adr
Arbitration Award
Thu 04/24 1:46 PM
ARBITRATION AWARD. 4/24/2025 ENTERED AND COPIES EMAILED.(rv) |
|
| Wednesday, April 23, 2025 | ||
| 31 | 31
notice
Notice of Appearance
Wed 04/23 5:02 PM
NOTICE of Appearance by BRYAN MICHAEL FERRIS on behalf of JOSEPH FRANKINA, MARIA FRANKINA (FERRIS, BRYAN) |
|
| Monday, March 24, 2025 | ||
| 30 | 30
1
pgs
order
Order
Mon 03/24 9:30 AM
ORDER THAT STEVEN PINSKY, ESQUIRE, FORMERLY APPOINTED AS AN ARBITRATOR FOR THE ARBITRATION TRIAL ON APRIL 3, 2025, IS REPLACED.IT IS FURTHER ORDERED THAT THE FOLLOWING PANEL SHALL SERVE AS ARBITRATORS BY VIDEOCONFERENCE IN THIS CASE ON APRIL 24, 2025. CHAIRPERSON: THOMAS C. GALLAGHER, ESQ.; ARBITRATOR: LAWRENCE SINGER, ESQ.; ARBITRATOR: STEPHANIE R. COLEMAN, ESQ.THE CHAIRPERSON SHALL EMAIL THE ARBITRATION AWARD TO THE ARBITRATION CLERK AT PAED_ARBITRATION@PAED.USCOURTS.GOV NO LATER THAN THE NEXT BUSINESS DAY AFTER THE ARBITRATION TRIAL IS CONCLUDED. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 3/24/25. 3/24/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Friday, March 21, 2025 | ||
| 29 | 29
notice
Notice of Hearing
Fri 03/21 1:31 PM
NOTICE of Hearing: VIRTUAL ARBITRATION HEARING SET FOR 4/24/2025 at 10:00 AM. Rescheduled from 4/3/2025.(rv) |
|
| Wednesday, March 19, 2025 | ||
| 28 | 28
1
pgs
order
Order
Wed 03/19 9:54 AM
ORDER THAT UPON CONSIDERATION OF LAQUAN T. LIGHTFOOT, ESQUIRES LETTER (ECF NO. 27), IT IS HEREBY ORDERED THAT THE REQUEST TO CONTINUE THE ARBITRATION HEARING IS GRANTED. THE ARBITRATION HEARING SHALL BE CONTINUED FOR THREE (3) WEEKS AND RESCHEDULEDON OR ABOUT APRIL 24, 2025. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 3/19/25. 3/19/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Tuesday, March 18, 2025 | ||
| 27 | 27
misc
Praecipe/Request
Tue 03/18 5:20 PM
to Adjourn Arbitration by RUBBERMAID INCORPORATED. (LIGHTFOOT, LAQUAN) |
|
| Friday, March 07, 2025 | ||
| 26 | 26
1
pgs
order
Order Referring Case to Arbitration
Fri 03/07 1:35 PM
ORDER THAT THE ABOVE CIVIL ACTION IS HEREWITH REFERRED TO ARBITRATION. THE FOLLOWING CERTIFIED ARBITRATORS HAVE BEEN RANDOMLY SELECTED TO HEAR THIS CASE:, CHAIRPERSON: THOMAS C. GALLAGHER, ESQ.; ARBITRATOR: LAWRENCE SINGER, ESQ.; ARBITRATOR: STEVEN PINSKY, ESQ.THE ARBITRATION HEARING WILL BE HELD VIA VIDEOCONFERENCE ON APRIL 3, 20251, AT 10:00 A.M. TRIALS MAY BE RESCHEDULED TO AN EARLIER DATE IF COUNSEL NOTIFIES THE ARBITRATION CLERK BY LETTER, SUBMITTED VIA E-MAIL TO PAED_ARBITRATION@PAED.USCOURTS.GOV, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE. REQUESTS MADE MORE THAN THIRTY (30) DAYS AFTER THE DATE OF THIS NOTICE, OR REQUESTS FOR DATES AFTER THE DATE SET FORTH IN THIS NOTICE, MUST BE FILED ELECTRONICALLY ON CM/ECF FOR CONSIDERATION BY THE COURT. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 3/7/25. 3/7/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Wednesday, February 26, 2025 | ||
| 25 | 25
notice
Notice of Hearing
Wed 02/26 8:05 AM
NOTICE of Hearing: VIRTUAL ARBITRATION HEARING SET FOR 4/3/2025 10:00 AM. RESCHEDULED FROM 3/18/2025.(sah) Modified on 2/26/2025 (afm) |
|
| Tuesday, February 25, 2025 | ||
| 24 | 24
1
pgs
order
Order
Tue 02/25 8:38 AM
ORDER THAT UPON CONSIDERATION OF LAQUAN T. LIGHTFOOT, ESQUIRES LETTER (ECF NO. 23), IT IS HEREBY ORDERED THAT: THE REQUEST TO CONTINUE THE ARBITRATION HEARING IS GRANTED. THE ARBITRATION HEARING SHALL BE CONTINUED AND RESCHEDULED ON OR ABOUT APRIL 1, 2025. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 2/25/25. 2/25/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Monday, February 24, 2025 | ||
| 23 | 23
misc
Letter
Mon 02/24 5:30 PM
Letter dated February 24, 2025 by RUBBERMAID INCORPORATED. (LIGHTFOOT, LAQUAN) |
|
| Thursday, February 13, 2025 | ||
| 22 | 22
1
pgs
order
Order
Thu 02/13 3:33 PM
ORDER THAT RICHARD TEITELL, ESQUIRE, FORMERLY APPOINTED AS AN ARBITRATOR FOR THE ARBITRATION TRIAL ON JANUARY 28, 2025, IS REPLACED. IT IS FURTHER ORDERED THAT THE FOLLOWING PANEL SHALL SERVE AS ARBITRATORS BY VIDEOCONFERENCE IN THIS CASE ON MARCH 18, 2025. CHAIRPERSON: THOMAS C. GALLAGHER, ESQ.; ARBITRATOR: LAWRENCE SINGER, ESQ.; ARBITRATOR: STEVEN PINSKY, ESQ. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 2/13/25. 2/13/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Friday, January 17, 2025 | ||
| 21 | 21
notice
Notice of Hearing
Fri 01/17 2:14 PM
NOTICE of Hearing: VIRTUAL ARBITRATION HEARING SET FOR 3/18/2025 at 10:00 AM. Rescheduled from 1/28/2025.(rv) |
|
| Thursday, January 09, 2025 | ||
| 20 | 20
1
pgs
order
Order
Thu 01/09 2:57 PM
ORDER THAT UPON CONSIDERATION OF LAQUAN T. LIGHTFOOT, ESQUIRES LETTER (ECF NO. 19), IT IS HEREBY ORDERED THAT THE REQUEST TO CONTINUE THE ARBITRATION HEARING IS GRANTED. THE ARBITRATION HEARING SHALL BE RESCHEDULED ON OR ABOUT MARCH 18, 2025. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 1/9/25. 1/9/25 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Monday, December 30, 2024 | ||
| 19 | 19
misc
Letter
Mon 12/30 5:05 PM
Letter dated December 30, 2024 by RUBBERMAID INCORPORATED. (LIGHTFOOT, LAQUAN) |
|
| Tuesday, December 17, 2024 | ||
| 18 | 18
1
pgs
order
Order
Tue 12/17 3:55 PM
ORDER THAT JOHN BELLENZENI, ESQUIRE, FORMERLY APPOINTED AS AN ARBITRATOR FOR THE ARBITRATION TRIAL ON JANUARY 28, 2025, IS REPLACED. IT IS FURTHER ORDERED THAT THE FOLLOWING PANEL SHALL SERVE AS ARBITRATORS BY VIDEOCONFERENCE IN THIS CASE ON JANUARY 28, 2025.; CHAIRPERSON: THOMAS C. GALLAGHER, ESQ. ARBITRATOR: RICHARD TEITELL, ESQ.; ARBITRATOR: STEVEN PINSKY, ESQ.THE CHAIRPERSON SHALL EMAIL THE ARBITRATION AWARD TO THE ARBITRATION CLERK AT PAED_ARBITRATION@PAED.USCOURTS.GOV NO LATER THAN THE NEXT BUSINESS DAY AFTER THE ARBITRATION TRIALIS CONCLUDED SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 12/17/24. 12/17/24 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Monday, December 02, 2024 | ||
| 17 | 17
1
pgs
order
Order Referring Case to Arbitration
Mon 12/02 1:40 PM
ORDER THAT THE ABOVE CIVIL ACTION IS HEREWITH REFERRED TO ARBITRATION. THE FOLLOWING CERTIFIED ARBITRATORS HAVE BEEN RANDOMLY SELECTED TO HEAR THIS CASE: CHAIRPERSON: THOMAS C. GALLAGHER, ESQ.; ARBITRATOR: JOHN BELLENZENI, ESQ.; ARBITRATOR: STEVEN PINSKY, ESQ. THE ARBITRATION HEARING WILL BE HELD VIA VIDEOCONFERENCE ON JANUARY 28, 2025, AT 10:00 A.M. TRIALS MAY BE RESCHEDULED TO AN EARLIER DATE IF COUNSEL NOTIFIES THE ARBITRATION CLERK BY LETTER, SUBMITTED VIA E-MAIL TO PAED_ARBITRATION@PAED.USCOURTS.GOV, WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE. REQUESTS MADE MORE THAN THIRTY (30) DAYS AFTER THE DATE OF THIS NOTICE, OR REQUESTS FOR DATES AFTER THE DATE SET FORTH IN THIS NOTICE, MUST BE FILED ELECTRONICALLY ON CM/ECF FOR CONSIDERATION BY THE COURT. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 12/2/24. 12/2/24 ENTERED AND COPIES E-MAILED, E-MAILED TO ARB.(bw) |
|
| Friday, October 18, 2024 | ||
| 16 | 16
adr
Arbitration Procedural Order
Fri 10/18 2:49 PM
Arbitration Procedural Order. 10/18/2024 Entered and copies e-mailed.(rv) |
|
| 15 | 15
notice
Notice of Hearing
Fri 10/18 2:47 PM
NOTICE of Hearing: VIRTUAL ARBITRATION HEARING SET FOR 1/28/2025 at 10:00 AM.(rv) |
|
| Wednesday, October 16, 2024 | ||
| 14 | 14
adr
Notice Re: Arbitration Consent of Video Conference
Wed 10/16 10:32 AM
Notice Re: Arbitration Consent of Video Conference(LIGHTFOOT, LAQUAN) |
|
| Tuesday, October 08, 2024 | ||
| 13 | 13
adr
Consent to Arbitration
Tue 10/08 2:01 PM
CONSENT to Arbitration by JOSEPH FRANKINA, MARIA FRANKINA(FERRIS, BRYAN) |
|
| Friday, October 04, 2024 | ||
| 12 | 12
adr
Notice Re: Arbitration Video Conference
Fri 10/04 1:06 PM
Notice Re: Arbitration Video Conference.(rv) |
|
|
Att: 1
Consent
|
||
| Monday, September 30, 2024 | ||
| 11 | 11
answer
Answer to Complaint
Mon 09/30 2:08 PM
ANSWER to Complaint together with Affirmative Defenses by RUBBERMAID INCORPORATED.(LIGHTFOOT, LAQUAN) |
|
| Wednesday, September 11, 2024 | ||
| 10 | 10
discov
Disclosure Statement Form 7.1
Wed 09/11 5:19 PM
Disclosure Statement Form pursuant to FRCP 7.1 including Newell Brands, Inc. with Certificate of Service by RUBBERMAID INCORPORATED.(LIGHTFOOT, LAQUAN) |
|
| Friday, September 06, 2024 | ||
| 9 | 9
discov
Disclosure of Citizenship
Fri 09/06 4:19 PM
Disclosure of Citizenship in Diversity Cases by JOSEPH FRANKINA, MARIA FRANKINA . (FERRIS, BRYAN) |
|
| Wednesday, September 04, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Wed 09/04 4:14 PM
NOTICE of Appearance by BRYAN MICHAEL FERRIS on behalf of JOSEPH FRANKINA, MARIA FRANKINA (FERRIS, BRYAN) |
|
| 7 | 7
2
pgs
order
Order
Wed 09/04 11:06 AM
ORDER TO FILE OF RECORD THEIR DISCLOSURE OF CITIZENSHIP IN DIVERSITY JURISDICTION CASES (FORM ATTACHED), ON OR BEFORE SEPTEMBER 11, 2024. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 9/4/24. 9/4/24 ENTERED AND COPIES E-MAILED.(bw) |
|
| 6 | 6
1
pgs
order
Order
Wed 09/04 11:05 AM
ORDER TO FILE ITS DISCLOSURE STATEMENT2 BY 12:00 P.M. ON OR BEFORE SEPTEMBER 11, 2024.THIS ORDER ALSO SERVES AS A REMINDER TO DEFENDANT OF THEIR CONTINUING OBLIGATION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1(B)(2) TO PROMPTLY FILE A SUPPLEMENTAL STATEMENT OF ANY CHANGES TO THE INFORMATION REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 7.1(A). SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 9/4/24. 9/4/24 ENTERED AND COPIES E-MAILED.(bw) |
|
| 5 | 5
2
pgs
order
Order ~Util - Set Deadlines
Wed 09/04 11:03 AM
NOTICE THAT THE REMOVING DEFENDANT SHALL, ON ECF, ANSWER OR OTHERWISE PLEAD TO THE COMPLAINT ON OR BEFORE SEPTEMBER 30, 2024.THE PARTIES ARE FURTHER NOTICED THAT ALL DISCOVERY MUST BE COMPLETED WITHIN 90 DAYS FROM THE DATE THE ANSWER WAS FILED, UNLESS OTHERWISE ORDERED BY THIS COURT. ALL EXHIBITS, EXCEPT THOSE INTENDED SOLELY FOR IMPEACHMENT, MUST BE MARKED FOR IDENTIFICATION AND DELIVERED TO ADVERSE PARTIES AT LEAST 14 DAYS PRIOR TO THE TRIAL. SEE EASTERN DISTRICT OF PENNSYLVANIA LOCAL RULES OF CIVIL PROCEDURE 53.2(4)-(5). THE COURT WILL NOT PERMIT POST-ARBITRATION DISCOVERY ABSENT EXTRAORDINARY CIRCUMSTANCES. COUNSEL SHOULD REVIEW SECTION II.F. OF JUDGE KENNEYS POLICIES AND PROCEDURES FOR COUNSEL, AVAILABLE ON THE COURTS WEBSITE: HTTP://WWW.PAED.USCOURTS.GOV/JUDGES-INFO/DISTRICT-COURT-JUDGES/CHAD-F-KENNEY. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 9/4/24. 9/4/24 ENTERED AND COPIES E-MAILED.(bw) |
|
| 4 | 4
1
pgs
order
Order
Wed 09/04 11:00 AM
ORDER THAT COUNSEL CONTEMPLATING FILING A MOTION UNDER FED. R. CIV. P. 12(B)(6), (E), OR (F), SHALL FIRST CONTACT OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE CONTEMPLATED MOTION AND TO PROVIDE AN OPPORTUNITY TO CURE ANY ALLEGED PLEADING DEFICIENCIES OR STRIKE CERTAIN MATTER. THIS CONFERENCE SHALL TAKE PLACE AT LEAST SEVEN (7) DAYS BEFORE THE FILING OF THE MOTION. THE PARTIES SHALL CONDUCT SUBSTANTIVE VERBAL COMMUNICATIONS. EXCHANGES OF LETTERS OR E-MAILS ARE INSUFFICIENT. A REPORT THAT OPPOSING COUNSEL WAS NOT AVAILABLE OR THAT THE PARTIES MADE REASONABLE EFFORTS IS LIKEWISE INSUFFICIENT. IF THE PARTIES CANNOT REACH A RESOLUTION THAT ELIMINATES THE NEED FOR ANY OF THE ABOVE-MENTIONED MOTIONS, COUNSEL FOR THE MOVING PARTY SHALL INCLUDE, ALONG WITH THE MOTION, A CERTIFICATION THAT THE PARTIES MET AND CONFERRED REGARDING THE ALLEGED PLEADING DEFICIENCIES OR MATTER SOUGHT TO BE STRICKEN. SIGNED BY DISTRICT JUDGE CHAD F. KENNEY ON 9/4/24. 9/4/24 ENTERED AND COPIES E-MAILED.(bw) |
|
| Friday, August 30, 2024 | ||
| 3 | 3
misc
State Court Record - Attachment
Fri 08/30 2:40 PM
State Court record received from Court of Common Pleas of MONTGOMERY County. (CCP - Montgomery County, ) |
|
| Thursday, August 29, 2024 | ||
| 2 | 2
adr
Letter re: Arbitration Certification
Thu 08/29 4:57 PM
Letter re: Arbitration Certification(sbt) |
|
|
Att: 1
Arbitration Certification Form
|
||
| 1 | 1
cmp
Notice of Removal (Attorney)
Thu 08/29 4:34 PM
NOTICE OF REMOVAL by RUBBERMAID INCORPORATED (Filing fee $ 405 receipt number APAEDC-17710150), filed by RUBBERMAID INCORPORATED.(LIGHTFOOT, LAQUAN) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Designation Form,
|
||
|
Att: 3
Exhibit A - COMPLAINT,
|
||
|
Att: 4
Exhibit B - STIPULATION
|
||