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12-3112 - Swartz et al v. DiCarlo


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12-3112 - Swartz et al v. DiCarlo
February 7, 2013
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Report and Recommendation that Plaintiffs' 8 Motion to remand to State Court be denied. The undersigned further recommends that Defendant be granted 10 days in which to correct the defects in the notice of removal 1 filed with this Court and the copy of the notice filed with the state court. Objections to R&R due by 2/21/2013. Signed by Magistrate Judge Kenneth S. McHargh on 2/7/13. (Attachments: # (1) Exhibit A)(R,N)
March 8, 2013
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Order Adopting 14 Report and Recommendation denying 8 Motion to remand to State Court . Judge Christopher A. Boyko on 3/8/2013. (R,D)
May 24, 2013
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Report and Recommendation that the "Cross-claim" Defendants Aultman and Emeritus' Rule 12 Motions be granted (Related documents 6 22). Objections to R&R due by 6/7/2013. Signed by Magistrate Judge Kenneth S. McHargh on 5/24/13. (R,N)
July 19, 2013
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Opinion and Order granting Plaintiffs/Counterclaim-Defendants James R. Swartz, Jr., et al's Motion to dismiss for failure to state a claim (Related Doc # 26). Judge Christopher A. Boyko on 7/19/2013.(R,D)
August 6, 2013
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Order Adopting 47 Report and Recommendation granting re 6 Aultman Health Foundation's Motion to dismiss pleading incorrectly designated as a "cross claim", 22 Emeritus Senior Living's Motion for judgment on the pleadings and Notice of Party Dismissal. Judge Christopher A. Boyko on 8/6/2013. (R,D)
April 11, 2014
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Report and Recommendation that the 54 Motion to dismiss Counterclaim for Intentional Infliction of Emotional Distress should be GRANTED. Objections to R&R due by 4/25/2014. Signed by Magistrate Judge Kenneth S. McHargh on 4/11/14. (R,N)
April 15, 2014
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Memorandum and Order . The motion for prejudgment attachment 87 is GRANTED. The motion to strike 90 plaintiffs' exhibit is DENIED. Signed by Magistrate Judge Kenneth S. McHargh on 4/15/14.(R,N)
May 23, 2014
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Memorandum Opinion and Order. The Motion for Protective Order (doc. no 110) is DENIED as moot in light of the parties' understanding. Other miscellaneous matters pertaining to discovery were placed on the record. The undersigned will retain jurisdiction over the discovery disputes discussed in the telephone conference, should any future disputes arise concerning those issues, re 112. Magistrate Judge Nancy A. Vecchiarelli on 5/23/2014. (M,M)
September 29, 2014
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Opinion and Order. The Court Adopts the Magistrate Judge's Report and Recommendation (Related doc # 101) and Plaintiffs' Motion to Dismiss the Counterclaim for Intentional Infliction of Emotional Distress (Related doc # 54) is granted. Judge Christopher A. Boyko on 9/29/2014. (H,CM)
October 21, 2014
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Report and Recommendation that the 126 Motion to dismiss for failure to state a claim should be Granted in part, as to the second and third claims, and Denied in part, as to the first claim. Objections to R&R due by 11/4/2014. Signed by Magistrate Judge Kenneth S. McHargh on 10/21/2014. (M,De)
October 24, 2014
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Report and Recommendation that the 108 Cross Defendant Stephen Komarjanski's Motion to dismiss the First Amended Crossclaim against Stephen Komarjanski should be Granted. Objections to Report and Recommendation due by 11/7/2014. Signed by Magistrate Judge Kenneth S. McHargh on 10/24/2014. (M,De)
November 17, 2014
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Memorandum and Order Denying defendant DiCarlo's Motion for leave to file an untimely motion for judgment on the pleadings (Related Doc # 133). Signed by Magistrate Judge Kenneth S. McHargh on 11/17/2014.(M,De) Modified text on 11/18/2014 (P, S).
November 21, 2014
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Order Adopting Report and Recommendation 130 recommending the Court grant 108 Motion to Dismiss First Amended "Crossclaim" Against Stephen Komarjanski. Judge Christopher A. Boyko on 11/21/2014. (R,D)
February 26, 2015
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Memorandum and Order Denying Plaintiff's Motion to Strike and Motion for Sanctions (Related Doc # 124). Signed by Magistrate Judge Kenneth S. McHargh on 2/26/15.(M,De)
March 6, 2015
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Memorandum Opinion and Order Adopting Report and Recommendation 129to grant in part and deny in part 126. Defendants Motion to Dismiss Counts II and III of Plaintiffs Complaint is granted and Defendants Motion to Dismiss Count I of Plaintiffs Complaint is denied. Judge Christopher A. Boyko on 3/6/2015. (R,D)
March 31, 2017
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Order denying Plaintiffs James Swartz, Toniemarie Swartz and Vilma Swartz' Motion for summary judgment (Related Doc # 157); denying Defendant Mark DiCarlo's Motion for summary judgment (Related Doc # 164). Judge Christopher A. Boyko on 3/31/2017.(R,D)