This case was last updated from PACER on 07/16/2020 at 17:05:36 (UTC).

NEW BERRY, INC. v. MANITOBA CORPORATION

Case Summary

On 11/14/2018 NEW BERRY, INC filed a Contract - Other Contract lawsuit against MANITOBA CORPORATION. This case was filed in U.S. District Courts, Pennsylvania Western District. The Judge overseeing this case is Marilyn J. Horan. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:18-CV-01528

  • Filing Date:

    11/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Pennsylvania Western District

Judge Details

Presiding Judge

Marilyn J. Horan

 

Party Details

Plaintiffs

NEW BERRY, INC.

NEW BERRY, INC. doing business as BERRY METAL COMPANY

Defendant

MANITOBA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

J. Alexander Hershey

Attorney at Clark Hill Thorp Reed

301 Grant Street, 14Th Floor

Pittsburgh, PA 15219

Defendant Attorney

Andrew J. Kennedy

Attorney at Colkitt Law Firm, PC

Po Box 607

Indiana, PA 15701

 

Court Documents

#14

(#14) Sur-Reply Brief re #3 Motion to Dismiss for Failure to State a Claim, #12 Order on Motion for Leave to File, #10 Sur-Reply Brief, filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 01/07/2019)

#12

(#12) ORDER GRANTING #11 Motion for Leave to File Sur-Sur Reply. Sur-Sur Reply due by 1/9/2019. Signed by Judge Marilyn J. Horan on 1/2/2019. (jgb) (Entered: 01/02/2019)

11 #1

Proposed Order

#11

(#11) First MOTION for Leave to File Sur-Sur Reply Brief by MANITOBA CORPORATION. (Attachments: #1 Proposed Order) (Kennedy, Andrew) Modified text on 12/28/2018 to add additional docket text. (ksa) (Entered: 12/27/2018)

#10

(#10) Sur-Reply Brief re #3 Motion to Dismiss for Failure to State a Claim, filed by NEW BERRY, INC. (Hershey, J. Alexander) (Entered: 12/26/2018)

#9

(#9) ORDER GRANTING #8 Motion for Leave to File sur-reply. Signed by Judge Marilyn J. Horan on 12/20/2018. (jgb) Modified text on 12/21/2018. (ksa) (Entered: 12/20/2018)

8 #1

Proposed Order

#8

(#8) MOTION for Leave to File Sur-Reply Brief in Opposition to Motion to Dismiss by NEW BERRY, INC. (Attachments: #1 Proposed Order) (Hershey, J. Alexander) Modified text on 12/20/2018. (ksa) (Entered: 12/19/2018)

#7

(#7) REPLY BRIEF re #3 Motion to Dismiss for Failure to State a Claim, #4 Brief in Support of Motion, 5 Response/Briefing Schedule, filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 12/18/2018)

6 #2

Exhibit 2

6 #1

Exhibit 1

#6

(#6) BRIEF in Opposition re #3 Motion to Dismiss for Failure to State a Claim filed by NEW BERRY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hershey, J. Alexander) (Entered: 12/11/2018)

#4

(#4) BRIEF in Support re #3 Motion to Dismiss for Failure to State a Claim filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 11/20/2018)

3 #2

Proposed Order

3 #1

Exhibit

#3

(#3) First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MANITOBA CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Kennedy, Andrew) (Entered: 11/20/2018)

#2

(#2) Disclosure Statement identifying None as corporate parent or other affiliate, by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 11/19/2018)

#1

(#1) NOTICE OF REMOVAL from Butler County, case number 18-11005 Copies attached: Complaint and Notice of Filing Notice of Removal (Filing fee, including Administrative fee, $400, receipt number 0315-4932298), filed by MANITOBA CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A State Court Complaint, #3 Exhibit B Notice of Filing Notice of Removal) (ksa) (Entered: 11/15/2018)

14 More Documents Available

 

Docket Entries

  • 01/07/2019
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  • Docket(#14) Sur-Reply Brief re #3 Motion to Dismiss for Failure to State a Claim, #12 Order on Motion for Leave to File, #10 Sur-Reply Brief, filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 01/07/2019)

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  • 01/02/2019
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  • (#13) TEXT ORDER re #3 Motion to Dismiss for Failure to State a Claim filed by MANITOBA CORPORATION. An Oral Argument is hereby SCHEDULED for 1/22/2019 at 10:30 AM in Courtroom 8A before Judge Marilyn J. Horan. The Motion to Dismiss for Failure to State a Claim will be discussed at that time. Signed by Judge Marilyn J. Horan on 1/2/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jgb) (Entered: 01/02/2019)

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  • 01/02/2019
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  • (#12) ORDER GRANTING #11 Motion for Leave to File Sur-Sur Reply. Sur-Sur Reply due by 1/9/2019. Signed by Judge Marilyn J. Horan on 1/2/2019. (jgb) (Entered: 01/02/2019)

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  • 12/27/2018
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  • (#11) First MOTION for Leave to File Sur-Sur Reply Brief by MANITOBA CORPORATION. (Attachments: #1 Proposed Order) (Kennedy, Andrew) Modified text on 12/28/2018 to add additional docket text. (ksa) (Entered: 12/27/2018)

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  • 12/26/2018
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  • (#10) Sur-Reply Brief re #3 Motion to Dismiss for Failure to State a Claim, filed by NEW BERRY, INC. (Hershey, J. Alexander) (Entered: 12/26/2018)

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  • 12/20/2018
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  • (#9) ORDER GRANTING #8 Motion for Leave to File sur-reply. Signed by Judge Marilyn J. Horan on 12/20/2018. (jgb) Modified text on 12/21/2018. (ksa) (Entered: 12/20/2018)

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  • 12/19/2018
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  • (#8) MOTION for Leave to File Sur-Reply Brief in Opposition to Motion to Dismiss by NEW BERRY, INC. (Attachments: #1 Proposed Order) (Hershey, J. Alexander) Modified text on 12/20/2018. (ksa) (Entered: 12/19/2018)

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  • 12/18/2018
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  • (#7) REPLY BRIEF re #3 Motion to Dismiss for Failure to State a Claim, #4 Brief in Support of Motion, 5 Response/Briefing Schedule, filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 12/18/2018)

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  • 12/11/2018
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  • (#6) BRIEF in Opposition re #3 Motion to Dismiss for Failure to State a Claim filed by NEW BERRY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hershey, J. Alexander) (Entered: 12/11/2018)

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  • 11/26/2018
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  • (#5) ORDER Response/Briefing Schedule re #3 Motion to Dismiss for Failure to State a Claim Brief in Opposition due by 12/11/2018; Reply brief due by 12/18/2018. Signed by Judge Marilyn J. Horan on 11/26/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl) (Entered: 11/26/2018)

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  • 11/20/2018
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  • (#4) BRIEF in Support re #3 Motion to Dismiss for Failure to State a Claim filed by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 11/20/2018)

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  • 11/20/2018
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  • (#3) First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MANITOBA CORPORATION. (Attachments: #1 Exhibit, #2 Proposed Order) (Kennedy, Andrew) (Entered: 11/20/2018)

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  • 11/19/2018
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  • (#2) Disclosure Statement identifying None as corporate parent or other affiliate, by MANITOBA CORPORATION. (Kennedy, Andrew) (Entered: 11/19/2018)

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  • 11/15/2018
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  • CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney Kennedy advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/23/2018. (ksa) (Entered: 11/15/2018)

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  • 11/14/2018
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  • (#1) NOTICE OF REMOVAL from Butler County, case number 18-11005 Copies attached: Complaint and Notice of Filing Notice of Removal (Filing fee, including Administrative fee, $400, receipt number 0315-4932298), filed by MANITOBA CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A State Court Complaint, #3 Exhibit B Notice of Filing Notice of Removal) (ksa) (Entered: 11/15/2018)

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