Case number 2:19-cv-00731
POSADA et al v. FLASHDANCERS, INC. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 2, 2021 | 43 | Patent/Trademark Documents - Judgment (1) Docket Text: NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re [40] Default Judgment, [42] Order. (jjg) |
| Mar 2, 2021 | N/A | Order (0) Docket Text: ORDER. Defendants FLASHDANCERS, INC. and HARVEST BREEZE, INC. are hereby dismissed without prejudice because of Plaintiffs' failure to serve them by the 2/5/2021 deadline set forth in the Court's order at ECF [39]. With no remaining active defendants in this case, the Clerk of Court is to mark this case CLOSED. Signed by Judge J. Nicholas Ranjan on 3/2/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Jan 5, 2021 | N/A | Order on Motion for Default Judgment (0) Docket Text: ORDER granting in part and denying in part [26] Motion for Default Judgment. For the reasons set forth in the Orders at ECF [39] and ECF [40], Default Judgment is granted as to Eric Boron and denied without prejudice as to Flashdancers, Inc. and Harvest Breeze, Inc. |
| Jan 5, 2021 | 40 | Default Judgment (3) Docket Text: DEFAULT JUDGMENT in favor of LINA POSADA, LUCY PINDER, MELANIE IGLESIAS against ERIC BORON in the amount of $180,000, and interest thereon according to law from the date of this judgement until the entire amount is paid. Signed by Judge J. Nicholas Ranjan on 1/5/2021. (av) Modified text on 1/7/2021. (tt) |
| Jan 5, 2021 | 39 | Order to Vacate Document (3) Docket Text: ORDER vacating [22] Clerk's Entry of Default as to Defendants Flashdancers, Inc. and Harvest Breeze, Inc. Signed by Judge J. Nicholas Ranjan on 1/5/2021. (av) |
| Dec 16, 2020 | N/A | Order (0) Docket Text: ORDER. After reviewing [37] Plaintiffs' Supplement, the Court finds that service was properly made on Defendant Eric Boron, but it remains unclear whether Defendants Flashdancers, Inc. and Harvest Breeze, Inc. have been properly served. That is, Plaintiffs have still not identified the specific agent or person in charge that was served on behalf of those corporate defendants, either in their Proofs of Service or in their Supplement. Before the Court can enter default judgment against the corporate defendants, it must have confidence that they were properly served. Petrucelli v. Bohringer and Ratzinger, GMBH,46 F.3d 1298, 130304 (3d Cir.1995) (explaining that where service of a complaint is improper, a default judgment "is void and should be set aside" ) (citation omitted). As such, by December 23, 2020, the Court orders Plaintiffs to show cause why their Proofs of Service comply with the requirements of Fed. R. Civ. P. 4 or else submit supplemental proofs of service, by signed declaration of the process server or otherwise, that specifically identify the name of the agent or person in charge who was served on behalf of each of the corporate defendants. See J&J Sports Prods., Inc. v. Weiner, No. 13-6470, 2014 WL 1096171, at *4 (E.D. Pa. Mar. 20, 2014) ("The burden rests on the party asserting the validity of service to prove its sufficiency. ") (citations omitted). Failure to show cause will result in the Court setting aside the entry of default as to the corporate defendants and entering an order for Plaintiffs to re-serve them. See Pinkney-Price v. PNC Bank, No. 3:17-CV-00189, 2018 WL 2925914, at *3 (M.D. Pa. May 22, 2018) (dismissing case where plaintiff "failed to submit a proof of service declaration with her return receipt confirming that it was mailed by an adult who is not a party to this action, a factual issue on which she bears the burden of proof" after default judgment had already been denied for the same reason). The Court is satisfied that Mr. Boron has been properly served and that default judgment can be entered against him. Signed by Judge J. Nicholas Ranjan on 12/16/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Dec 14, 2020 | 37 | Appendix (1) |
| Dec 14, 2020 | 37 | Appendix (1) |
| Dec 14, 2020 | 37 | Appendix (1) |
| Dec 14, 2020 | 37 | Appendix (1) |
| Dec 14, 2020 | 37 | Main Document (2) Docket Text: SUPPLEMENT by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA to [13] Summons/Returned Returned Executed,. (Attachments: # (1) Appendix, # (2) Appendix, # (3) Appendix, # (4) Appendix) (Kroeck, Louis) |
| Dec 1, 2020 | N/A | Order (0) Docket Text: ORDER. As stated on the record during the hearing held on 11/18/2020, Plaintiffs are to file a supplement to the proofs of service they filed at ECF [13] on or before 12/15/2020. Signed by Judge J. Nicholas Ranjan on 12/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Nov 18, 2020 | 35 | Motion Hearing (1) Docket Text: Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Motion Hearing held on 11/18/2020 re [26] MOTION for Default Judgment against ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. filed by LINA POSADA, LUCY PINDER, MELANIE IGLESIAS. (Court Reporter: K. Earley) (av) |
| Nov 18, 2020 | 34 | Redacted Document (30) Docket Text: REDACTION per [29] Order, Redacted Expert Report of Stephen Chamberlin by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. (Golaszewski, John) Modified on 11/18/2020 (jjg). |
| Nov 10, 2020 | N/A | Order (0) Docket Text: ORDER. The Motion Hearing set for 11/17/2020 at 10:00 a.m. is hereby RESCHEDULED for 11/18/2020 at 3:30 p.m. Signed by Judge J. Nicholas Ranjan on 11/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Nov 9, 2020 | N/A | Order (0) Docket Text: ORDER. The Motion Hearing set for 11/13/2020 at 3:00 p.m. is hereby RESCHEDULED for 11/17/2020 at 10:00 a.m. Signed by Judge J. Nicholas Ranjan on 11/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Nov 9, 2020 | 31 | Order (3) Docket Text: ORDER. The Motion Hearing set for 11/10/2020 at 3:00 p.m. is hereby RESCHEDULED for 11/13/2020 at 3:00 p.m. and will now be conducted by videoconference. Signed by Judge J. Nicholas Ranjan on 11/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Oct 20, 2020 | N/A | Order (0) Docket Text: ORDER re [26] Sealed Motion. A Telephonic Motion Hearing is set for 11/10/2020 at 03:00 PM before Judge J. Nicholas Ranjan. Dial-in instructions will follow this Order. Signed by Judge J. Nicholas Ranjan on 10/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Sep 29, 2020 | N/A | Order on Motion to Seal Document (0) Docket Text: ORDER granting [27] Motion to Seal Document. [26] MOTION for Default Judgment against ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. is hereby SEALED. Decision to Unseal Document deferred. Plaintiff is required to file a redacted version of the Motion for Default Judgment. Signed by Judge J. Nicholas Ranjan on 9/29/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) Modified on 9/29/2020 (jjg). |
| Sep 27, 2020 | 27 | Proposed Order (1) |
| Sep 27, 2020 | 27 | Main Document (3) Docket Text: MOTION to Seal Document [26] MOTION for Default Judgment against ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. (Attachments: # (1) Proposed Order) (Golaszewski, John) |
| Sep 21, 2020 | N/A | Order on Motion for Extension of Time to File (0) Docket Text: ORDER granting [24] Motion for Extension of Time to File Motion for Default Judgment. Plaintiffs shall have until 9/27/2020 to file their Motion for Default Judgment and corresponding evidence. Signed by Judge J. Nicholas Ranjan on 9/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Sep 15, 2020 | 24 | Proposed Order (1) |
| Sep 15, 2020 | 24 | Main Document (2) Docket Text: MOTION for Extension of Time to File Motion for Default Judgment by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. (Attachments: # (1) Proposed Order) (Kroeck, Louis) |
| Sep 10, 2020 | N/A | Order to Show Cause (0) Docket Text: ORDER TO SHOW CAUSE why the complaint should not be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. Plaintiffs must show good cause for their failure to prosecute this action by no later than September 17, 2020. Signed by Judge J. Nicholas Ranjan on 9/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| May 17, 2020 | N/A | NOTICE RE: NextGen (0) Docket Text: FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts.No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
| Apr 26, 2020 | N/A | NOTICE RE: NextGen (0) Docket Text: IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts.No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
| Mar 28, 2020 | N/A | NOTICE RE: NextGen (0) Docket Text: IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) |
| Jan 28, 2020 | 22 | Clerk's Entry of Default (2) Docket Text: CLERK'S ENTRY OF DEFAULT as to ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. (jv) |
| Jan 27, 2020 | N/A | Order Cancelling Deadline (0) Docket Text: ORDER Cancelling Initial Case Management Conference in light of the [20] Request for entry of Default. Signed by Judge J. Nicholas Ranjan on 1/27/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Jan 27, 2020 | 20 | Proposed Order (1) |
| Jan 27, 2020 | 20 | Main Document (2) Docket Text: REQUEST by LINA POSADA, MELANIE IGLESIAS, LUCY PINDER for entry of DEFAULT against ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. . (Attachments: # (1) Proposed Order) (Kroeck, Louis) |
| Jan 17, 2020 | N/A | Order (0) Docket Text: ORDER re [18] Errata filed by LINA POSADA, LUCY PINDER, MELANIE IGLESIAS. John V. Golaszewski is hereby appointed Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 1/17/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Jan 15, 2020 | 18 | Errata (1) Docket Text: Errata re [15] Motion to Appear Pro Hac Vice, by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. Reason for Correction: Including Certificate of Good Standing. (Golaszewski, John) |
| Jan 13, 2020 | 17 | Affidavit (1) Docket Text: AFFIDAVIT re [14] Case Management Order,, Set Hearings, regarding service of case management order by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA Affiant: Louis Kroeck. (Kroeck, Louis) |
| Dec 19, 2019 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORDER denying [15] Motion for John V. Golaszewski to Appear Pro Hac Vice. Applicant failed to attached a certificate of good standing as required under LCvR 83.2(B). Attorney Golaszewski is instructed to refile his corrected motion to appear pro hac vice as an Errata. Signed by Judge J. Nicholas Ranjan on 12/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Dec 18, 2019 | 15 | Proposed Order (1) |
| Dec 18, 2019 | 15 | Affidavit of John V. Golaszewski (3) |
| Dec 18, 2019 | 15 | Main Document (3) Docket Text: MOTION for attorney John V. Golaszewski to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5400243) by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. (Attachments: # (1) Affidavit of John V. Golaszewski, # (2) Proposed Order) (Golaszewski, John) |
| Nov 21, 2019 | 14 | Exhibit 1 (2) |
| Nov 21, 2019 | 14 | Main Document (3) Docket Text: CASE MANAGEMENT ORDER: Initial Case Management Conference set for 1/29/2020 at 10:00 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Exchange of required Rule 26(a)(1) information due by 1/24/2020; Rule 26 Meeting Report due by 1/24/2020 (Attached as Exhibit 1); Stipulation Selecting ADR Process due by 1/24/2020. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order to Defendants. Signed by Judge J. Nicholas Ranjan on 11/21/2019. (Attachments: # (1) Exhibit 1) (av) |
| Nov 20, 2019 | 13 | Supplement Proof of service Boron (1) |
| Nov 20, 2019 | 13 | Supplement Proof of service Harvest Breeze (1) |
| Nov 20, 2019 | 13 | Main Document (1) Docket Text: SUMMONS/Return of Service Returned Executed by LINA POSADA, MELANIE IGLESIAS, LUCY PINDER. ERIC BORON served on 10/24/2019, answer due 11/14/2019; FLASHDANCERS, INC. served on 10/24/2019, answer due 11/14/2019; HARVEST BREEZE, INC. served on 10/24/2019, answer due 11/14/2019. (Attachments: # (1) Supplement Proof of service Harvest Breeze, # (2) Supplement Proof of service Boron) (Kroeck, Louis) |
| Nov 20, 2019 | N/A | Order (0) Docket Text: ORDER. Plaintiffs shall file proofs of service by no later than 11/25/2019. Signed by Judge J. Nicholas Ranjan on 11/20/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Oct 24, 2019 | 11 | Summons (2) |
| Oct 24, 2019 | 11 | Summons (2) |
| Oct 24, 2019 | 11 | Main Document (2) Docket Text: Summons Issued as to ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. (Attachments: # (1) Summons, # (2) Summons) (cel) |
| Oct 23, 2019 | 10 | Summons (2) |
| Oct 23, 2019 | 10 | Summons (2) |
| Oct 23, 2019 | 10 | Summons (2) |
| Oct 23, 2019 | 10 | Main Document (1) Docket Text: PRAECIPE to Issue Summons by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA (Attachments: # (1) Summons, # (2) Summons, # (3) Summons) (Kroeck, Louis) |
| Oct 15, 2019 | 9 | Summons (2) |
| Oct 15, 2019 | 9 | Main Document (1) Docket Text: Errata re [8] Praecipe to Issue Summons by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. Reason for Correction: Name of defendant on Summons. (Attachments: # (1) Summons) (Kroeck, Louis) |
| Oct 4, 2019 | 8 | Summons (2) |
| Oct 4, 2019 | 8 | Main Document (1) Docket Text: PRAECIPE to Issue Summons by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA (Attachments: # (1) Summons) (Kroeck, Louis) |
| Sep 18, 2019 | N/A | Order on Motion to Extend Time (0) Docket Text: ORDER granting [5] Motion to Extend Time to Serve Complaint. Service shall be completed on or before 11/13/2019. Signed by Judge J. Nicholas Ranjan on 9/18/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) |
| Sep 17, 2019 | 6 | Proposed Order (1) |
| Sep 17, 2019 | 6 | Main Document (2) Docket Text: Errata re [5] Motion to Extend Time by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. Reason for Correction: Wrong Caption. (Attachments: # (1) Proposed Order) (Kroeck, Louis) |
| Sep 16, 2019 | N/A | Quality Control message - Caption/case number of document does not match case (0) Docket Text: CLERK'S OFFICE QUALITY CONTROL MESSAGE re [5] Motion to Extend Time. ERROR: Caption and/or Case number of document does not match caption and/or case number of case. CORRECTION: Attorney is directed to file an Errata with corrected caption/and or case number. This message is for informational purposes only. (jjg) |
| Sep 13, 2019 | 5 | Proposed Order (1) |
| Sep 13, 2019 | 5 | Main Document (3) Docket Text: MOTION to Extend Time to complete service by MELANIE IGLESIAS, LUCY PINDER, LINA POSADA. (Attachments: # (1) Proposed Order) (Kroeck, Louis) |
| Aug 7, 2019 | N/A | Order Reassigning Case (0) Docket Text: ORDER REASSIGNING CASE. Case reassigned to Judge J. Nicholas Ranjan for all further proceedings. Judge Peter J. Phipps no longer assigned to case. Signed by Chief Judge Mark R. Hornak on 08/07/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
| Jul 22, 2019 | N/A | Order (0) Docket Text: ORDER directing that, although Judge Peter J. Phipps is no longer the presiding judge of any case pending in this court, the docket in those cases over which he presided will continue to reflect him as the presiding judicial officer until such time as they are reassigned to another judicial officer of this court. Until that time, the Chief Judge or his designee will address any motions or other matters that may require judicial action in those cases; Any inquires regarding these matters shall be directed to Deputy Clerk Beth Abbott at (412) 208-7390. This Order will remain in effect until modified or vacated by further order of court. See order at 2:19-mc-00858. Signed by Chief Judge Mark R. Hornak on 7/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, ) |
| Jun 19, 2019 | 2 | Patent/Trademark Documents - Complaint (1) Docket Text: PATENT/TRADEMARK DOCUMENTS ISSUED. (jjg) |
| Jun 19, 2019 | 1 | Civil Cover Sheet (3) |
| Jun 19, 2019 | 1 | Exhibit (11) |
| Jun 19, 2019 | 1 | Main Document (24) Docket Text:COMPLAINT against ERIC BORON, FLASHDANCERS, INC., HARVEST BREEZE, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-5179594), filed by LINA POSADA, MELANIE IGLESIAS, LUCY PINDER. (Attachments: # (1) Exhibit, # (2) Civil Cover Sheet) (jjg) |
