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Home My WebLink About12-1825Case 1:09-cv-01088-CCC Document 57 Filed 08/25/11 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRAAM HATTINGH /U,5 AvitTerp, Plaintiff CIVIL ACTION 1: 09-CV-1088 (Judge Conner) C- T v. - ..= :b N ?a DB REAL ESTATE ASSETS I, LLC r V Defendant JUDGMENT ?y rep Pursuant to Federal Rule of Civil Procedure 54(d)(1), judgment is entered against the plaintiff Braam Hattingh and in favor of defendant D.B. Real Estate Assets I, LLC in the amount of $4,130.65. DATE: August 25, 2011 C 3_N/9 ?2 endr? CL?k PC, ATTEST: s/Mary E. D'Andrea MARY E. D'ANDREA, Clerk X33.50 Pb Aq ?. lolo?tosg5 G (o0 e*-a1a17ya i?a(?ce ,oileJ I Pennsylvania Middle District Version 4.2 Page 1 of 7 CLOSED, COMPLEX, HBG, MEDSNR United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:09-cv-01088-CCC Hattingh v. DB Real Estate Assets 1, LLC et al Date Filed: 06/08/2009 Assigned to: Honorable Christopher C. Conner Date Terminated: 03/16/2011 Cause: 28:1332 Diversity-Petition for Removal Jury Demand: None Nature of Suit: 230 Rent Lease & Ejectment Jurisdiction: Diversity Plaintiff Bramm Hattingh represented by Archie V. Diveglia Diveglia and Kaylor, P.C. Two Lincoln Way West New Oxford, PA 17305 717-624-2500 Email: cakaylor@paonline.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant DB Real Estate Assets I, LLC represented by Craig R. Tractenberg Nixon Peabody LLP 437 Madison Avenue New York, NY 10022 (212) 940-3722 Email: ctractenberg@nixonpeabody.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Men at Work IV, LLC represented by Matthew M. Haar TERMINATED: 0812412009 Saul Ewing, LLP 2 North Second Street rewrd D'Ar PC, #3,puty C W* 7th Floor Harrisburg, PA 17101 717-257-7508 Email: mhaar@saul.com ATTORNEY TO BE NOTICED Nathaniel Metz Saul Ewing LLP https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L_452_0-1 03/19/2012 Pennsylvania Middle District Version 4.2 Page 2 of 7 1200 Liberty Ridge Drive Suite 200 Wayne, PA 19087 610-251-5099 Fax: 610-722-3271 Email: nmetz@saul.com ATTORNEY TO BE NOTICED Mediator Mediator represented by Hubert Xavier Gilroy TERMINATED: 0611512010 Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Fax: 717-243-1850 Email: hgilroy@martsonlaw.com TERMINATED.- 0611512010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 06/08/2009 1 NOTICE OF REMOVAL ?D t of <U ' ' C Pl f h ommon eas o Daup i iling fee $ 350 receipt number ' LC. (Attachments: # 1 Civil C( 06/09/2009) 07/02/2009 2 ANSWER to Petition for I (Tractenberg, Craig) (Ente 07/10/2009 3 NOTICE of Appearance b, k IV, LLC. (Haar, Matthew) (En 07/10/2009 4 First MOTION for Extensi nt by Men at Work IV, LLC. (Al ew) (Entered: 07/10/2009) 07/10/2009 5 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Men at Work IV, LLC. (Haar, Matthew) (Entered: 07/10/2009) 07/10/2009 6 ORDER - Upon consideration of the Uncontested Motion for Enlargement of Time to Respond to Plaintiffs Complaint, the motion is GRAMTED. IT IS ORDERED that the Defendant Men At Work shall respond to the Complaint on or before August 7, 2009. Signed by Magistrate Judge J. Andrew Smyser on 7/10/09 (rc) (Entered: 07/10/2009) 07/10/2009 7 ORDER - IT IS ORDERED that a case management conference will be conducted bythe court on August 21, 2009 at 9:30 a.m. in Chambers, EleventhFloor, Federal Building, Third and Walnut Streets, Harrisburg, https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L_452_0-1 03/19/2012 Pennsylvania Middle District Version 4.2 Page 3 of 7 Pennsylvania. This conference will be in person unless a party requests that the conference be held by telephone and the request has the concurrence of all parties. It will then be the responsibility of the requesting party to so inform the court and to place the conference call, and all parties shall participate by telephone. Signed by Magistrate Judge J. Andrew Smyser on 7/10/09. (rc) (Entered: 07/10/2009) 07/23/2009 8 NOTICE of Appearance by Nathaniel Metz on behalf of Men at Work IV, LLC. (Metz, Nathaniel) (Entered: 07/23/2009) 08/17/2009 9 CASE MANAGEMENT PLAN Joint by DB Real Estate Assets I, LLC. (Tractenberg, Craig) (Entered: 08/17/2009) 08/20/2009 10 MOTION to Dismiss by Men at Work IV, LLC. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order)(Haar, Matthew) (Entered: 08/20/2009) 08/21/2009 11 STIPULATION of Dismissal by Men at Work IV, LLC. (Haar, Matthew) (Entered: 08/21/2009) 08/21/2009 13 CASE MANAGEMENT ORDER - CASE PLACED ON COMPLEX TRACK. IT IS ORDERED that: Additional parties shall be added on or before September 30, 2009. Any amended pleadings shall be filed on or before January 29, 2010. Plaintiff shall submit expert reports to defendant on or before April 15, 2010. Defendant shall submit expert reports to plaintiff on or before May 14, 2010. Any supplements to reports shall be submitted to opposing parties thirty days after receipt of the initial report. All discovery shall completed by August 31, 2010. Any motion for summary judgment shall be filed on or before March 1, 2011. No motion in limine shall be filed after May 2, 2011 without leave of court ... SEE ORDER FOR DETAILS. Signed by Magistrate Judge J. Andrew Smyser on 8/21/09. (rc) (Entered: 08/21/2009) 08/24/2009 14 STIPULATION AND ORDER- Order approving Stipulation and Dismissal. Defendant Men at Work IV, LLC, TERMINATED. Signed by Magistrate Judge J. Andrew Smyser on 8/24/09. (rc) (Entered: 08/24/2009) 10/08/2009 15 ORDER - Given that Men at Work, IV, LLC was dismissed from this action by way of a stipulation of voluntary dismissal, IT IS ORDERED that the motion 10 for dismissal filed by Men at Work, IV, LLC is DENIED AS MOOT. Signed by Magistrate Judge J. Andrew Smyser on 10/8/09. (rc) (Entered: 10/08/2009) 05/12/2010 16 ORDER REFERRING CASE to Mediation. IT IS ORDERED that this case shall be referred to the mediation process in an attempt to achieve an equitable settlement of the issues. The following individual is hereby appointed by the Court to serve as a mediator in this action: Hubert X. Gilroy, EsquireMartson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-3341 ph (717) 243-1807 fx hgilroy@martsonlaw.com. Signed by Magistrate Judge J. Andrew Smyser on 5/12/10. (rc) (Entered: 05/12/2010) 06/15/2010 17 REPORT OF MEDIATOR (Settlement Not Reached) (Gilroy, Hubert) (Entered: 06/15/2010) https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L_452_0-1 03/19/2012 Pennsylvania Middle District Version 4.2 Page 4 of 7 08/25/2010 18 First MOTION for Extension of Time to Complete Discovery by Bramm Hattingh. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order) (Diveglia, Archie) (Entered: 08/25/2010) 08/26/2010 19 ORDER - IT IS ORDERED that Plaintiffs Motion to Enlarge Time for Completion of Discovery 18 is GRANTED. All discovery shall be completed by October 25, 2010. All other dates contained in this courts Case Management Order of August2l, 2009 shall remain in full force and effect. Signed by Magistrate Judge J. Andrew Smyser on 8/26/10 (rc) (Entered: 08/26/2010) 09/13/2010 21 RESPONSE by DB Real Estate Assets I, LLC to plaintiffs motion to enlarge time for discovery. (Attachments: # 1 Proposed Order)(Tractenberg, Craig) Modified on 9/14/2010 Oc). (Entered: 09/14/2010) 09/14/2010 DOCKET ANNOTATION: COUNSEL is advised that Document 20 filed 9/13/10 is to be REDOCKETED using the event RESPONSE located under OTHER DOCUMENTS. Oc) (Entered: 09/14/2010) 09/14/2010 DOCKET ANNOTATION: Document 20 filed 9/13/10 deleted and replaced with Document 21. Oc) (Entered: 09/14/2010) 09/20/2010 22 SCHEDULING ORDER: IT IS ORDERED that a Telephone Discovery Conference is set for 9/22/2010 11:30 AM in Harrisburg - before Magistrate Judge J. Andrew Smyser.Signed by Magistrate Judge J. Andrew Smyser on 9/20/10. (cc: all cnsl, pltf)(pm, ) (Entered: 09/20/2010) 12/22/2010 25 MOTION for Leave to File by DB Real Estate Assets I, LLC. (Attachments: # 1 CounterClaim, # 2 Certificate of Concurrence, # 3 Proposed Order) (Tractenberg, Craig) (Entered: 12/22/2010) 12/28/2010 26 ANSWER TO STATEMENT OF FACTS re 25 MOTION for Leave to File Plaintiffs Response filed by Bramm Hattingh.(Diveglia, Archie) (Entered: 12/28/2010) 01/04/2011 27 MOTION for Summary Judgment by DB Real Estate Assets 1, LLC. (Attachments: # 1 Defendant's Table of Contents of Exhibits in Support of Motion for Summary Judgment, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit (s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) 1, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N, # 16 Exhibit(s) O, # 17 Exhibit(s) P, # 18 Exhibit(s) Q, # 19 Exhibit(s) R, # 20 Proposed Order) (Tractenberg, Craig) (Entered: 01/04/2011) 01/04/2011 28 BRIEF IN SUPPORT re 27 MOTION for Summary Judgment filed by DB Real Estate Assets 1, LLC. (Attachments: # 1 Local Rule 7.8 Certification) (Tractenberg, Craig) (Entered: 01/04/2011) 01/04/2011 29 STATEMENT OF FACTS re 27 MOTION for Summary Judgment Local Rule 561 filed by DB Real Estate Assets I, LLC.(Tractenberg, Craig) (Entered: 01/04/2011) 01/05/2011 30 BRIEF IN SUPPORT re 25 MOTION for Leave to File filed by DB Real Estate Assets 1, LLC. (Attachments: # 1 Table of Exhibits, # 2 Exhibit(s) A, https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L__452_0-1 03/19/2012 Pennsylvania Middle District Version 4.2 Page 5 of 7 # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E. # 7 Exhibit(s) F)(Tractenberg, Craig) (Entered: 01/05/2011) 01/18/2011 31 BRIEF IN OPPOSITION re 4 First MOTION for Extension of Time to Respond to Plaintiff s Complaint, 25 MOTION for Leave to File Brief in Opposition filed by Bramm Hattingh. (Attachments: # 1 Exhibit(s) Exhibit list, # 2 Exhibit(s) Exhibit 1, # 3 Exhibit(s) Exhibit 2, # 4 Exhibit(s) Exhibit 3, # 5 Exhibit(s) Exhibit 4, # 6 Exhibit(s) Exhibit 5, # 7 Exhibit(s) Exhibit 6) (Diveglia, Archie) (Entered: 01/18/2011) 01/24/2011 32 REPLY BRIEF re 25 MOTION for Leave to File filed by DB Real Estate Assets I, LLC.(Tractenberg, Craig) (Entered: 01/24/2011) 01/24/2011 34 BRIEF IN OPPOSITION re 27 MOTION for Summary Judgment filed by Bramm Hattingh. (Attachments: # 1 Appendix, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s))(Diveglia, Archie) (Entered: 01/24/2011) 01/24/2011 36 Supplement to 34 BRIEF IN OPPOSITION re 27 MOTION for Summary Judgment filed by Bramm Hattingh. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Diveglia, Archie) Modified on 1/25/2011 (aaa ). (Entered: 01/24/2011) 01/24/2011 37 STATEMENT OF FACTS re 27 MOTION for Summary Judgment filed by Bramm Hattingh.(Diveglia, Archie) (Entered: 01/24/2011) 01/24/2011 38 RESPONSE TO STATEMENT OF FACTS re 27 MOTION for Summary Judgment Plaintiffs Response to Defendant's statement of Material Facts filed by Bramm Hattingh.(Diveglia, Archie) (Entered: 01/24/2011) 01/25/2011 DOCKET ANNOTATION: Documents 33 & 35 deleted per request of counsel. (aaa) (Entered: 01/25/2011) 02/07/2011 39 ORDER - IT IS ORDERED that the motion 25 for an order granting leave to file counterclaims is DENIED. Signed by Magistrate Judge J. Andrew Smyser on 2/7/11 (rc) (Entered: 02/07/2011) 02/07/2011 40 OBJECTIONS by DB Real Estate Assets I, LLC. to 38 Answer to Statement of Facts Defendant's Objections Pursuant to Rule 56(C)(2) to Plaintiffs Response to Defendant's Statement of Material Facts. (Tractenberg, Craig) (Entered: 02/07/2011) 02/07/2011 41 RESPONSE by DB Real Estate Assets I, LLC to 37 Statement of Facts Defendant's Response to Plaintiffs Statement of Material Facts. (Tractenberg, Craig) (Entered: 02/07/2011) 02/07/2011 42 REPLY BRIEF re 27 MOTION for Summary Judgment Defendant's Reply Brief in Support of motion for Summary Judgment filed by DB Real Estate Assets I, LLC. (Attachments: # 1 Certification Pursuant to L.R. 7.8(b)(2)) (Tractenberg, Craig) (Entered: 02/07/2011) 02/17/2011 43 REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that the motion 27 of thedefendant for summary judgment be granted and that the clerk be directed to close the case. Objections to R&R due by 3/7/2011. https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L__452_0-1 03/19/2012 Pennsylvania Middle District Version 4.2 Page 6 of 7 Signed by Magistrate Judge J. Andrew Smyser on 2/17/11. (Attachments: # 1 NOTICE)(rc) (Entered: 02/17/2011) 03/01/2011 44 OBJECTION to 43 Report and Recommendations by Bramm Hattingh. (Diveglia, Archie) (Entered: 03/01/2011) 03/01/2011 45 MEMORANDUM OF LAW by Bramm Hattingh re 43 REPORT AND RECOMMENDATIONS re 27 MOTION for Summary Judgment filed by DB Real Estate Assets 1, LLCREPORT AND RECOMMENDATIONS re 27 MOTION for Summary Judgment filed by DB Real Estate Assets I, LLC. (Diveglia, Archie) (Entered: 03/01/2011) 03/14/2011 46 RESPONSE by DB Real Estate Assets I, LLC to 44 Objection to Report and Recommendations. (Tractenberg, Craig) (Entered: 03/14/2011) 03/16/2011 47 ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Smyser 43, GRANTING deft's motion for summary judgment 27 w/ Clrk of Ct directed to entere jdgmt in favor of deft & against pltf, & directing Cirk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/16/11. (ki) (Entered: 03/16/2011) 03/16/2011 48 JUDGMENT - Summary jdgmt entered in favor of deft DB Real Estate Assets I, LLC, & against pltf Bramm Hattingh, in acc w/ ct's order 47 dated 3/16/11. (See jdgmt for complete details.) Signed by Deputy Clrk on 03/16/11. (ki) (Entered: 03/16/2011) 03/30/2011 49 MOTION for Taxation of Costs by DB Real Estate Assets 1, LLC. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C) (Tractenberg, Craig) (Entered: 03/30/2011) 03/30/2011 50 AFFIDAVIT in Support re 49 MOTION for Taxation of Costs filed by DB Real Estate Assets I, LLC. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Tractenberg, Craig) (Entered: 03/30/2011) 03/30/2011 51 NOTICE by DB Real Estate Assets I, LLC Defendant's Notice of Presentment of Bill of Costs (Tractenberg, Craig) (Entered: 03/30/2011) 04/08/2011 52 CERTIFICATE of Counsel re 49 MOTION for Taxation of Costs Certification of Concurrence Pursuant to L. R. 7.1 by Craig R. Tractenberg on behalf of DB Real Estate Assets I, LLC (Tractenberg, Craig) (Entered: 04/08/2011) 04/28/2011 53 ORDER re: motion for approval of of certain costs as taxable 49 - It is hereby ORDERED that: 1. Motion for approval of ceratin costs as taxable 49 is GRANTED.; 2. Deft directed to submit Bill of Costs inc costs herein approved for taxation by 5/4/11.; 3. Deft shall attach a copy of this Order to the Bill of Costs.; 4. Failure to comply w/ paras 2 & 3 above will result in taxation of costs solely for costs approved by this.Order. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/28/11. (ki) (Entered: 04/28/2011) 05/03/2011 54 AFFIDAVIT in Support re 49 MOTION for Taxation of Costs by DB Real Estate Assets I, LLC. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Tractenberg, Craig) (Entered: 05/03/2011) https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L_452_0-1 03/19/2012 ' Pennsylvania Middle District Version 4.2 Page 7 of 7 06/30/2011 55 Letter to parties from Clerk's office stating objections to defendant's bill of costs are permitted until 7/9/2011. Thereafter, costs to be considered in accordance with 28 USC Sect. 1920 & Local Rules of Court. (rp, ) (Entered: 06/30/2011) 08/25/2011 56 Costs Taxed against plaintiff Braam Hattingh and in favor of defendant D.B. Real Estate Assets I, LLC in the amount of $4,130.65. Signed by Clerk of Court on 08/25/2011. Ooeb) (Entered: 08/25/2011) 08/25/2011 57 CLERK'S JUDGMENT entered against the plaintiff Braam Hattingh and in favor of defendant D.B. Real Estate Assets 1, LLC in the amount of $4,130.65. Signed by Clerk of Court on 08/25/201 Looeb) (Entered: 08/25/2011) 03/16/2012 58 Letter from Craig Tractenberg requesting certified copy of docket entries and Doc. 57. Copy sent this date. (pjr) (Entered: 03/19/2012) https://ecf.pamd.circ3.dcn/cgi-bin/DktRpt.pl?552549065328756-L 452_0-1 03/19/2012 NIXON PEABODYLLP 437 Madison Avenue New York, New York 10022-7001 (212) 940-3000 Fax: (212) 940-3111 Craig R. Tractenberg Direct Dial: (212) 940-3722 Direct Fax: (866) 852-2714 E-Mail: ctractenberg@nixonpeabody.com March 21, 2012 BY FEDERAL EXPRESS Cumberland County Prothonotary One Courthouse Square Suite 100 Carlisle, PA 17013 Hattingh v. DB Real Estate Assets I, LLC No. 1:09-cv-1088 (M.D. Pa.) Dear Prothonotary: We represent DB Real Estate Assets I, LLC, defendant in the above-referenced action and seek to transfer judgment from the U.S. District Court for the Middle District of Pennsylvania to this court of Cumberland County. Please find enclosed a check for $33.50, together with certified copies of the docket and judgment from the U.S. District Court for the Middle District of Pennsylvania. Also enclosed is a self-addressed, postage-paid envelope addressed to Mr. Braam Hattingh, plaintiff in the above- referenced action, as well as a self-addressed, postage-paid envelope addressed to counsel for the defendant for the receipt. Thank you in advance for your help. Very truly yours, CraiTra ctenberg Partner Encl. 10852883.1