Pennsylvania Eastern District Court
Judge:Mark A Kearney
Case #: 2:24-cv-01544
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause28:1332 Diversity-Insurance Contract
Case Filed:Apr 15, 2024
Re-opened:Apr 24, 2024
Terminated:Apr 24, 2024
Case in other court:Philadelphia Court of Common Pleas, 230301068
Last checked: Monday Apr 15, 2024 1:12 PM EDT
Defendant
AUTO-OWNERS INSURANCE COMPANY
6101 ANACAPRI BOULEVARD
LANSING, MI 48909
Represented By
Richard E. Chesney, Jr
Hardin Thompson, P.C
contact info
Plaintiff
ARSENAL LANES INC
212 44th Street
Pittsburgh, PA 15201
Represented By
MARIO BARNABEI
Wheeler, Diulio & Barnabei, P.C.
contact info
Plaintiff
PAUL BUNCHER
212 44TH STREET
PITTSBURGH, PA 15201
Represented By
MARIO BARNABEI
Wheeler, Diulio & Barnabei, P.C.
contact info


Docket last updated: 05/14/2024 11:59 PM EDT
Wednesday, April 24, 2024
15 15 2 pgs order Order on Motion for Reconsideration Wed 04/24 3:04 PM
ORDER THAT UPON CONSIDERING DEFENDANTS MOTION FOR RECONSIDERATION OF OUR APRIL 23, 2024 ORDER12 REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY AS WE FOUND AND DEFENDANT NOW CONFIRMS ITS REMOVAL DID NOT INVOKE OUR SUBJECT MATTER JURISDICTION, AND FINDING NO BASIS FOR RECONSIDERATION, IT IS ORDERED WE DENY DEFENDANTS MOTION FOR RECONSIDERATION14 . SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/24/24.4/24/24 ENTERED AND COPIES E-MAILED.(bw)
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Tuesday, April 23, 2024
14 14 motion Reconsideration Tue 04/23 10:14 AM
MOTION for Reconsideration re12 Order Transferring Case,,, filed by AUTO-OWNERS INSURANCE COMPANY.Certificate of Service.(LOUGHRAN, SUSAN)
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Att: 1 Certificate of Service
13 13 motion Reconsideration Tue 04/23 10:03 AM
MOTION for Reconsideration re11 MOTION to Transfer Venue filed by AUTO-OWNERS INSURANCE COMPANY.Certificate of Service.(LOUGHRAN, SUSAN) *RE-FILED AT DOC.14 * Modified on 4/23/2024 (lisad, )
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Att: 1 Certificate of Service
12 12 1 pgs order Order Transferring Case Tue 04/23 8:54 AM
ORDER THAT FOLLOWING OUR APRIL 15, 2024 ORDER5 DEMONSTRATING OUR LACK OF SUBJECT MATTER JURISDICTION UPON REVIEW OF THE NOTICES OF REMOVAL (ECF NOS. 1, 2) BUT GRANTING DEFENDANT LEAVE TO DEMONSTRATE SUBJECT MATTER JURISDICTION IN AN AMENDED NOTICE OF REMOVAL AND GRANTING BOTH PARTIES LEAVE TO SHOW CAUSE AS TO WHY WE SHOULD NOT REMAND THE COMPLAINT (ECF NO. 1-1) FOR LACK OF SUBJECT MATTER JURISDICTION, DEFENDANT ELECTING TO NOT PLEAD OUR SUBJECT MATTER JURISDICTION, NEITHER PARTY SHOWING CAUSE AS TO WHY WE SHOULD NOT REMAND THE CASE NOT WITHIN OUR SUBJECT MATTER JURISDICTION, AND FINDING WE LACK SUBJECT MATTER JURISDICTION OVER THE COMPLAINT (ECF NO. 1-1), IT IS ORDERED THE CLERK OF COURT SHALL FORTHWITH REMAND THIS MATTER TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY AND CLOSE THIS CASE IN THIS DISTRICT. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/23/24. 4/23/24 ENTERED AND COPIES E-MAILED.(bw) (bw)
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Att: 1 (4/23/2024) CERTIFIED ORDER
Wednesday, April 17, 2024
11 11 motion Transfer Wed 04/17 3:12 PM
MOTION to Transfer Venue filed by AUTO-OWNERS INSURANCE COMPANY.Memorandum, Certificate of Service.(LOUGHRAN, SUSAN)
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Att: 1 Memorandum In Support of Motion to Transfer Venue,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Certificate of Service
10 10 answer Answer to Complaint Wed 04/17 1:52 PM
DEFENDANT'S ANSWER to Complaint together with and Affirmative Defenses by AUTO-OWNERS INSURANCE COMPANY.(LOUGHRAN, SUSAN)
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Att: 1 Certificate of Service
9 9 notice Notice of Appearance Wed 04/17 1:30 PM
NOTICE of Appearance by Connor Murray Finucane on behalf of ARSENAL LANES INC, PAUL BUNCHER (Finucane, Connor)
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Tuesday, April 16, 2024
8 8 discov Disclosure Statement Form 7.1 Tue 04/16 5:06 PM
Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AUTO-OWNERS INSURANCE COMPANY.(LOUGHRAN, SUSAN)
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7 7 discov Disclosure of Citizenship Tue 04/16 5:03 PM
Disclosure of Citizenship in Diversity Cases by AUTO-OWNERS INSURANCE COMPANY re1 Notice of Removal (Attorney) . (LOUGHRAN, SUSAN)
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6 6 misc State Court Record - Attachment Tue 04/16 3:44 PM
State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, )
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Monday, April 15, 2024
5 5 order ~Util - Set Deadlines Order to Show Cause Mon 04/15 4:34 PM
ORDER NO LATER THAN APRIL 22, 2024: (1) DEFENDANT MAY STIPULATE TO REMAND; (2) DEFENDANT MAY FILE AN AMENDED NOTICE OF REMOVAL PROPERLY PLEADING THE PARTIES' CITIZENSHIP AND PLEADING A BASIS TO RETAIN VENUE CONSISTENT WITH 28 U.S.C. § 1404(A); AND (3) EITHER PARTY IS GRANTED LEAVE TO SHOW CAUSE IN MEMORANDA NOT EXCEEDING SEVEN PAGES AS TO WHY WE SHOULD NOT REMAND THE COMPLAINT (ECF NO. 1-4) FOR LACK OF SUBJECT MATTER JURISDICTION1 AND, IF THE DEFENDANT CAN PL AD OUR LIMITED SUBJECT MATTER JURISDICTION, WHY WE SHOULD NOT TRANSFER TO THE WESTERN DISTRICT OF PENNSYLVANIA UNDER 28 U.S.C. § 1404(A). SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 4/15/24. 4/15/24 ENTERED AND COPIES E-MAILED.(bw)
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4 4 notice Notice of Appearance Mon 04/15 3:57 PM
NOTICE of Appearance by SUSAN L. LOUGHRAN on behalf of AUTO-OWNERS INSURANCE COMPANY with Certificate of Service(LOUGHRAN, SUSAN)
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3 3 notice Notice of Appearance Mon 04/15 3:55 PM
NOTICE of Appearance by Richard E. Chesney, Jr on behalf of AUTO-OWNERS INSURANCE COMPANY with Certificate of Service(Chesney, Richard)
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2 2 notice Notice (Other) Mon 04/15 3:03 PM
NOTICE by AUTO-OWNERS INSURANCE COMPANY re1 Notice of Removal (Attorney)(Chesney, Richard)
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Att: 1 Civil Cover Sheet,
Att: 2 Designation Form
1 1 cmp Notice of Removal (Attorney) Mon 04/15 1:05 PM
NOTICE OF REMOVAL by AUTO-OWNERS INSURANCE COMPANY (Filing fee $ 405 receipt number BPAEDC-17398500), filed by AUTO-OWNERS INSURANCE COMPANY.(Chesney, Richard)
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Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit
misc Attorney Required Forms Mon 04/15 1:13 PM
Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. DEFENDANT's counsel is directed to file COMPLETED DESIGNATION FORM and CIVIL COVER SHEET in this case using the Notice (Other) docket event located in the Notices category. Both forms are missing. (sbt)
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