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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WENNEKER DISTILLERIES,
Plaintiff,
vs. Civil Action No. ,
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OLIFANT USA, INC. and
DRINKS AMERICA, INC.,
Defendants.
PRAECIPE TO FILE JUDGMENT
ROLL OR CERTIFIED JUDGMENT
FROM THE DISTRICT COURT FOR
THE MIDDLE DISTRICT OF
PENNSYLVANIA
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF `�' r.�
THIS PARTY:
SHAWN P. MCCLURE, ESQUI IC:':' °
PA ID #205951
RAYMOND P. WENDOLOWSKI JIB:,
ESQUIRE
PA ID #311415
Bernstein-Burkley, P.C.
Firm#718
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8100
BERNSTEIN FILE NO. C0074797
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
WENNEKER DISTILLERIES,
Plaintiff,
VS. Civil Action No.
OLIFANT USA, INC. and
DRINKS AMERICA, INC.,
Defendants.
PRAECIPE TO FILE JUDGMENT ROLL
PROTHONOTARY:
Please transfer the within Certified Judgment entered in the United States District for the Western
District of Pennsylvania, known as 1:11-cv-01010, and index it against the Defendant, Olifant USA, Inc.
only, on Count I in the amount of$271,062.54.
The District Court for the Middle District of Pennsylvania does not issue Judgment Rolls, and
instead issues Certified Copies of Judgments.
BERNSTEIN-BURKLEY, P.C.
BY:
P, �
Raymond . Wendolowski Jr.
Attorney for Plaintiff
Suite 2200 Gulf Tower
Pittsburgh,PA 15219
(412)456-8100
We certify that the correct address of the Plaintiff is
c/o Bernstein-Burkley, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219
The correct last known address of Defendant, Olifant USA, Inc., is
P.O. Box 1259, Camp Hill, Cumberland County,PA 17001
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Case 1:11-cv-01010-MWB Document 101 Filed 10/16/13 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WENNEKER DISTILLERIES, Case No. 1:11-cv-01010
Plaintiff, (Judge Brann)
V.
OLIFANT USA, INC., and
DRINKS AMERICA, INC.,
Defendants.
ORDER
AND NOW, this 16`h day of October, 2013, it is hereby ORDERED:
1. Plaintiff s motion for default judgment (Sept. 17, 2013, ECF No. 100) is
GRANTED. Plaintiffs previous motion for default judgment (June 28,
2013, ECF No. 85) is DENIED.
2. The Clerk of Court is directed to enter judgment in favor of plaintiff and
against defendant Olifant USA, Inc. in the amount of$271,062.54.
3. This action shall remain open as to all claims and parties in accordance with
Fed. R. Civ. P. 54(b).
BY THE COURT:
s/Matthew W. Brann
} Matthew W. Brann
Certified from the
r Cord United States District Judge
Date
Mh is .Elkins,Clerk
Per
Deputa gWrk
Pennsylvania Middle District Version 6.1 Page 1 of 12
1P COMPLEX,HBG
United States District Court
Middle District of Pennsylvania (Harrisburg)
CIVIL DOCKET FOR CASE #: 1:11-cv-01010-MWB
Wenneker Distilleries v. Olifant USA Inc. et al Date Filed: 05/25/2011
Assigned to: Honorable Matthew W. Brann Jury Demand: Defendant
Cause: 28:1332 Diversity-Contract Dispute Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Wenneker Distilleries represented by Shawn P. McClure
Bernstein-Burkley, P.C.
707 Grant Street
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8110
Email: smcclure@bernsteinlaw.com
ATTORNEY TO BE NOTICED
V.
Defendant
Olifant USA Inc.
Defendant
Drinks America, Inc. represented by Drinks America, Inc.
PRO SE
Gary Schafkopf
Hopkins & Schafkopf LLC
11 Bala Ave.
Bala Cynwyd, PA 19004
610.664.5200
Email: gschafkopf@gmail.com
TERMINATED: 0711612013
ATTORNEY TO BE NOTICED
Matthew B. Weisberg
Certified from`the-recgr = Weisberg Law, PC
Date _ 7 South Morton Avenue
L- -_-_De1P3utty
aria E ns;Clerk. ` Morton, PA 19070
610-690-0801
Per _ Email:
C emweisberg@weisberglawoffices.com
TERMINATED: 0 711612 013
ATTORNEY TO BE NOTICED
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Cross C aimant
Drinks America,Inc. represented by Matthew B. Weisberg
(See above for address)
TERMINATED: 07/16/2013
ATTORNEY TO BE NOTICED
V.
Cross Defendant
Olifant USA Inc.
Date Filed # Docket Text
05/25/2011 1 COMPLAINT against Drinks America, Inc., Olifant USA Inc. (Filing
fee $350, Receipt Number 0314-2192672), filed by Wenneker
Distilleries. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) 1, # 3 2,
# 4 3, # 5 Verification)(aaa) (Entered: 05/26/2011)
05/26/2011 Summons Issued as to Drinks America, Inc., Olifant USA Inc. and
provided to Attorney for service on Defendant(s). (aaa) (Entered:
05/26/2011)
05/26/2011 2 LETTER to counsel Re: Case Assignment and Procedures. Signed by
Chief Judge Yvette Kane on May 26, 2011. (sc) (Entered: 05/26/2011)
06/22/2011 3 AFFIDAVIT of Service for Complaint served on Drinks America on
June 7, 2011, filed by Wenneker Distilleries. (Attachments: # 1 Exhibit
(s) Proof of Service)(McClure, Shawn) (Entered: 06/22/2011)
06/22/2011 DOCKET ANNOTATION: COUNSEL is advised that Document 3 filed
6/22/11 is to be REDOCKETED using the event SUMMONS
RETURNED EXECUTED located under SERVICE OF PROCESS. Oc )
(Entered: 06/22/2011)
06/24/2011 4 SUMMONS Returned Executed by Wenneker Distilleries. Drinks
America, Inc. served on 6/7/2011, answer due 6/28/2011. (McClure,
Shawn) (Entered: 06/24/2011)
07/28/2011 5 SCHEDULING ORDER: IT IS HEREBY ORDERED that the Case
Management Conference is set for 10/20/2011 at 11:30 AM. Pltf s cnsl
shall initiate the call. The Joint Case Mgmt Plan is due by 10/14/2011.
Signed by Chief Judge Yvette Kane on July 28, 2011. (sc) (Entered:
07/28/2011)
07/29/2011 6 SUMMONS Returned Executed by Wenneker Distilleries. Olifant USA
Inc. served on 7/14/2011, answer due 8/4/2011. (McClure, Shawn)
(Entered: 07/29/2011)
08/02/2011 7 NOTICE of Appearance by Matthew B. Weisberg on behalf of Drinks
America, Inc. (Weisberg, Matthew) (Entered: 08/02/2011)
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08/02/2011 8 STIPULATION by Drinks America, Inc., filed by Drinks America, Inc..
(Weisberg, Matthew) (Entered: 08/02/2011)
08/04/2011 9 STIPULATION AND ORDER- Court approves the stipulation that Deft
Drinks shall have 10 days from the date of this order to plead or
otherwise move to Pltf s Complt. Signed by Chief Judge Yvette Kane on
Aug. 4, 2011. (sc) (Entered: 08/04/2011)
08/15/2011 10 MOTION to Dismiss Plaintiffs Complaint by Drinks America, Inc..
(Weisberg, Matthew) (Entered: 08/15/2011)
09/06/2011 1.1 CERTIFICATE of of Non-Concurrence by Drinks America, Inc. re 10
MOTION to Dismiss Plaintiffs Complaint. (Weisberg, Matthew)
(Entered: 09/06/2011)
09/06/2011 12 NOTICE by Drinks America, Inc. Motion to Deem Defendant's Motion
to Dismiss as Uncontested(Weisberg, Matthew) (Entered: 09/06/2011)
09/12/2011 1.3 BRIEF IN SUPPORT of Plaintiffs Motion to Amend Complaint re 10
MOTION to Dismiss Plaintiffs Complaint filed by Wenneker
Distilleries. (Attachments: # 1 Proposed Order)(McClure, Shawn)
(Entered: 09/12/2011)
09/13/2011 14 ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED THAT Pltf is
ordered to Show Cause by 9/19/2011 why Dft Drinks America Inc.'s
motion to dismiss should not be granted.Signed by Chief Judge Yvette
Kane on Sept. 13, 2011. (sc) (Entered: 09/13/2011)
09/19/2011 1155 BRIEF IN OPPOSITION re 1.0 MOTION to Dismiss Plaintiffs
Complaint filed by Wenneker Distilleries. (Attachments: # 1 Proposed
Order)(McClure, Shawn) (Entered: 09/19/2011)
09/21/2011 16 BRIEF IN SUPPORT re 10 MOTION to Dismiss Plaintiffs Complaint
filed by Drinks America, Inc..(Weisberg, Matthew) (Entered:
09/21/2011)
09/21/2011 21 RESPONSE by Drinks America, Inc. to 10 Motion to Dismiss Plaintiffs
Complaint& 14 Order to Show Cause. (Attachments: # 1 Proposed
order)(sc) Modified on 10/4/2011 to correct the relationships (dh).
(Entered: 10/03/2011)
09/27/2011 17 REQUEST FOR ENTRY OF DEFAULT by Wenneker Distilleries.
(McClure, Shawn) (Entered: 09/27/2011)
09/27/2011 DOCKET ANNOTATION: COUNSEL is advised that the Request for
Default Judgment filed in Document 17 is to be REDOCKETED as a
separate document using the event DEFAULT JUDGMENT located
under MOTIONS. Oc) (Entered: 09/27/2011)
09/28/2011 18 Clerk's ENTRY OF DEFAULT as to Olifant USA Inc., for failure to
plead or otherwise defend. Signed by Deputy Clerk on 9/28/11. (pw, )
(Entered: 09/28/2011)
09/28/2011 19 MOTION for Default Judgment as to Olifant USA by Wenneker
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Distilleries.(McClure, Shawn) (Entered: 09/28/2011)
09/30/2011 20 Letter from Matthew B. Weisberg, Esq.. (Weisberg, Matthew) (Entered:
09/30/2011)
10/14/2011 22 MOTION to Stay re 5 Scheduling Order, by Drinks America, Inc..
(Weisberg, Matthew) (Entered: 10/14/2011)
10/17/2011 23 ORDER- IT IS HEREBY ORDERED that the 22 Motion to Stay is
GRANTED and this action is STAYED pending adjudication of all
pending filings. Parties case mgmt plan and case mgmt conf are
CANCELLED. Signed by Chief Judge Yvette Kane on Oct. 17, 2011.
(sc) (Entered: 10/17/2011)
10/20/2011 24 ORDER- IT IS HEREBY ORDERED that Pltf shall file a motion
requesting leave to file an amd pleading, fully complying with Local
Rule 15.1, on or before October 26, 2011. 13 Signed by Chief Judge
Yvette Kane on Oct. 20, 2011. (sc) (Entered: 10/20/2011)
10/26/2011 25 MEMORANDUM AND ORDER- IT IS HEREBY ORDERED that the
1.9 MOTION for Default Judgment is construed as as an application for
default jgm pursuant to Rule 55(b)(2). Within 15 days of this order, Pltf
shall submit a supplemental affdt further documenting and supporting its
damage and interest clms in support of the mtn for dflt jgm. SEE
ORDER. Signed by Chief Judge Yvette Kane on Oct. 26, 2011. (sc)
(Entered: 10/26/2011)
10/26/2011 26 First MOTION to Amend/Correct Complaint by Wenneker Distilleries.
(Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Proposed Order)
(McClure, Shawn) (Entered: 10/26/2011)
10/26/2011 27 BRIEF IN SUPPORT of Plaintiffs Motion to Amend Complaint re 26
First MOTION to Amend/Correct Complaint filed by Wenneker
Distilleries.(McClure, Shawn) (Entered: 10/26/2011)
10/26/2011 DOCKET ANNOTATION: COUNSEL is advised to file a certificate of
concurrence or nonconcurrence in reference to Document 26 filed
10/26/11 using the event CERTIFICATE located under OTHER
DOCUMENTS. The Invoices attached as exhbits to both amended
complaints are illegible and are to be refiled using the event EXHIBITS
located under OTHER DOCUMENTS. Oc ) (Entered: 10/26/2011)
10/26/2011 28 CERTIFICATE of Non-Concurrence by Wenneker Distilleries re 26
First MOTION to Amend/Correct Complaint. (McClure, Shawn)
(Entered: 10/26/2011)
11/03/2011 29 Letter from Attorney Shawn P. McClure regarding invoices attached to
the Amended Complaint filed at document number 26 were illegible.
(McClure, Shawn) (Entered: 11/03/2011)
11/09/2011 30 BRIEF IN OPPOSITION re 26 First MOTION to Amend/Correct
Complaint filed by Wenneker Distilleries.(Weisberg, Matthew) (Entered:
11/09/2011)
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11/15/2011 31 MEMORANDUM AND ORDER- IT IS HEREBY ORDERED that 1)
Pltf s Mtn for Leave to file an Amd Cmp is GRANTED. 2)Dft's Mtn to
Dismiss is DENIED AS MOOT. 3)Dft's requests for Pltf s clms against
Dft Drinks America to be dismissed w/prejudice is DENIED. 16 10 26
Signed by Chief Judge Yvette Kane on Nov. 15, 2011. (sc) (Entered:
11/15/2011)
11/18/2011 32 ORDER TO SHOW CAUSE - Pliantiff is ordered to show cause, why
Plaintiff s motion for default judgment 29 should not be deemed
withdrawn. Show Cause Response due by 11/25/2011.Signed by Chief
Judge Yvette Kane on 11/18/11. (pw, ) (Entered: 11/18/2011)
11/30/2011 33 ORDER- IT IS ORDERED that the 19 Motion for Default Judgment is
DEEMED WITHDRAWN. Signed by Chief Judge Yvette Kane on Nov.
30, 2011. (sc) (Entered: 11/30/2011)
01/06/2012 34 STATUS REPORT ORDER- IT IS HEREBY ORDERED that a Status
Report is due by 1/13/2012.Signed by Chief Judge Yvette Kane on Jan.
6, 2012. (sc) (Entered: 01/06/2012)
01/12/2012 35 AMENDED COMPLAINT for Money Damages against Drinks
America, Inc., Olifant USA Inc., filed by Wenneker Distilleries.
(Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)
(McClure, Shawn) (Entered: 01/12/2012)
01/13/2012 36 STATUS REPORT Joint Status Report by Wenneker Distilleries.
(McClure, Shawn) (Entered: 01/13/2012)
01/26/2012 37 MOTION to Dismiss Plaintiffs Amended Complaint by Drinks America,
Inc..(Weisberg, Matthew) (Entered: 01/26/2012)
02/09/2012 38 STRICKEN (per order dated 2/13/12) MOTION to Dismiss Plaintiffs
Amended Complaint (Renewed Motion) by Drinks America, Inc..
(Weisberg, Matthew) Modified on 2/13/2012 (pw, ). (Entered:
02/09/2012)
02/13/2012 39 ORDER STRIKING 38 MOTION to Dismiss Plaintiffs Amended
Complaint(Renewed Motion) filed by Drinks America, Inc. Defendant
is ordered to file a brief in support of its January 26, 2012 motion to
dismiss 37 on or before 2/17/12. Signed by Chief Judge Yvette Kane on
2/13/12. (pw, ) (Entered: 02/13/2012)
02/17/2012 40 MOTION to Dismiss Plaintiffs Amended Complaint by Drinks America,
Inc..(Weisberg, Matthew) (Entered: 02/17/2012)
02/17/2012 DOCKET ANNOTATION: Counsel is advised that they are to refile
their Brief in Support to Document 40 as a seperate document. This
event is located under Responses and Replies.(aaa) (Entered:
02/17/2012)
02/17/2012 41 BRIEF IN SUPPORT re 37 MOTION to Dismiss Plaintiffs Amended
Complaint filed by Drinks America, Inc..(Weisberg, Matthew) (Entered:
02/17/2012)
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03/07Q 12 42 ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that Dfts'
1/26/12 37 MOTION to Dismiss Plaintiffs Amended Complaint is
DENIED AS MOOT. IT IS FURTHER ORDERED that Pltf is directed
to SHOW CAUSE by 3/14/2012 as to why Dft's 2/17/12 motion to
dismiss should not be granted. Signed by Chief Judge Yvette Kane on
March 7, 2012. (sc) (Entered: 03/07/2012)
03/14/2012 43 BRIEF IN OPPOSITION re 40 MOTION to Dismiss Plaintiffs Amended
Complaint filed by Wenneker Distilleries. (Attachments: # 1 Proposed
Order)(McClure, Shawn) (Entered: 03/14/2012)
03/15/2012 DOCKET ANNOTATION: Counsel is advised that Document 44 is to
be refiled. Document appears to be a'Response' not a Motion. This event
can be located under Other Documents/Filings. (aaa) (Entered:
03/15/2012)
03/15/2012 45 RESPONSE by Wenneker Distilleries To Defendant Drinks America's
Motion To Dismiss and Brief in Opposition. (McClure, Shawn) (Entered:
03/15/2012)
03/15/2012 DOCKET ANNOTATION: Document 44 deleted and replaced by
Document 45. (aaa) (Entered: 03/15/2012)
03/21/2012 DOCKET ANNOTATION: Counsel is advised that their Brief in
Support to Document 46 is to be refiled as a seperate document. This
event can be located under Responses and Replies. (aaa) (Entered:
03/21/2012)
03/21/2012 47 MOTION to Strike 45 Response, to Deem Drink's Motion Uncontested,
and to Dismiss Plaintiffs Complaint Consistent with Poulis by Drinks
America, Inc..(Weisberg, Matthew) (Entered: 03/21/2012)
03/21/2012 48 BRIEF IN SUPPORT re 47 MOTION to Strike 45 Response, to Deem
Drink's Motion Uncontested, and to Dismiss Plaintiffs Complaint
Consistent with Poulis filed by Drinks America, Inc..(Weisberg,
Matthew) (Entered: 03/21/2012)
03/21/2012 DOCKET ANNOTATION: Document 46 deleted and replaced by
Document 47 & 48. (aaa) (Entered: 03/21/2012)
04/10/2012 49 BRIEF IN OPPOSITION re 47 MOTION to Strike 45 Response, to
Deem Drink's Motion Uncontested, and to Dismiss Plaintiffs Complaint
Consistent with Poulis filed by Wenneker Distilleries. (Attachments: # 1
Proposed Order)(McClure, Shawn) (Entered: 04/10/2012)
04/11/2012 50 BRIEF IN OPPOSITION re 47 MOTION to Strike 45 Response, to
Deem Drink's Motion Uncontested, and to Dismiss Plaintiffs Complaint
Consistent with Poulis Plaintiffs Response to Defendant Drinks
America's Motion to Strike Plaintiffs Response in Opposition to Drinks'
Motion to Dismiss, To Deem Drinks'Motion Uncontested, and to
Dismiss Plaintiffs Complaint with Poulis filed by Wenneker Distilleries.
(McClure, Shawn) (Entered: 04/11/2012)
06/19/2012 51 ORDER- IT IS HEREBY ORDERED that 1) Dft Drinks America, Inc.'s
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40 Motion to Dismiss Pltf Wenneker Distilleries's amended complt is
DENIED; and 2) Dft Drinks America, Inc.'s 47 Motion to Strike is
GRANTED to the extent it seeks to strike Doc No 45 as a duplicative
filing. The motion is DENIED as to the extent it seeks to dismiss this
action for failure to prosecute. Signed by Chief Judge Yvette Kane on
June 19, 2012. (sc) (Entered: 06/19/2012)
06/20/2012 52 SCHEDULING ORDER: IT IS ORDERED that the Case Management
Conference is set for 8/29/2012 at 10:00 AM. Pltf s cnsl shall initiate the
call. The Joint Case Mgmt Plan is due by 8/24/2012. Signed by Chief
Judge Yvette Kane on June 20, 2012. (sc) (Entered: 06/20/2012)
07/03/2012 53 MOTION for Extension of Time to File Answer re 35 Amended
Complaint by Drinks America, Inc..(Weisberg, Matthew) (Entered:
07/03/2012)
07/23/2012 54 ORDER- IT IS HEREBY ORDERED that the 53 Motion for Extension
of Time to Answer is GRANTED and defendant Drinks America, Inc.
shall file its answer within 14 days from the date of entry of this order.
Signed by Chief Judge Yvette Kane on July 23, 2012. (sc) (Entered:
07/23/2012)
08/03/2012 55 ANSWER to 35 Amended Complaint , CROSSCLAIM against Olifant
USA Inc. by Drinks America, Inc..(Weisberg, Matthew) (Entered:
08/03/2012)
08/16/2012 56 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Gary
Schafkopf on behalf of Drinks America, Inc. Attorney Gary Schafkopf is
seeking special admission. Filing fee $ 50, receipt number 0314-
2554695.. (Schafkopf, Gary) (Entered: 08/16/2012)
08/16/2012 DOCKET ANNOTATION: Petitioning attorney and associate counsel's
bar status verified. (aaa) (Entered: 08/16/2012)
08/24/2012 57 CASE MANAGEMENT PLAN Joint Case Management Plan by
Wenneker Distilleries. (McClure, Shawn) (Entered: 08/24/2012)
08/29/2012 59 ORDER- CASE PLACED ON COMPLEX CASE MANAGEMENT
TRACK - IT IS ORDERED that the following deadlines apply:
Discovery due by 12/23/2012. Jury Selection& Trial set for 7/8/2013 at
01:30 PM in Harrisburg - Courtroom 4 before Chief Judge Yvette Kane.
Pretrial Memos due by 6/10/2013. Pretrial Conference set for 6/18/2013
at 02:00 PM in Harrisburg - Courtroom 4 before Chief Judge Yvette
Kane.Signed by Chief Judge Yvette Kane on Aug. 29, 2012. (sc)
(Entered: 08/29/2012)
08/30/2012 60 SPECIAL ADMISSIONS FORM APPROVED as to Gary Schafkopf,
Esq.Signed by Chief Judge Yvette Kane on Aug. 30, 2012. (sc) (Entered:
08/30/2012)
12/14/2012 61 ** WITHDRAWN PURSUANT TO Stipulation and Order dated
12/19/12. ** MOTION for Sanctions by Drinks America, Inc..
(Attachments: # 1 Exhibit(s) A)(Weisberg, Matthew) Modified on
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46
' 12/20/2012 (sc). (Entered: 12/14/2012)
12/14/2012 DOCKET ANNOTATION: Counsel is advised to refile their Brief in
Support to Document 61 as a seperate document. This event can be
located under Responses and Replies. (aaa) (Entered: 12/14/2012)
12/14/2012 62 BRIEF IN SUPPORT re 61 MOTION for Sanctions filed by Drinks
America, Inc..(Weisberg, Matthew) (Entered: 12/14/2012)
12/19/2012 63 STIPULATION by Wenneker Distilleries. (McClure, Shawn) (Entered:
12/19/2012)
12/20/2012 64 ORDER - IT IS ORDERED that the Stipulation is APPROVED. Disc
and dispositive mtns ddl is enlarged to expire 1/30/13. Dfts' 61 Motion
for Sanctions is WITHDRAWN. Signed by Chief Judge Yvette Kane on
Dec. 19, 2012. SEE ORDER. (sc) (Entered: 12/20/2012)
01/17/2013 VERBAL ORDER- Case Reassigned to Honorable Matthew W. Brann.
Chief Judge Yvette Kane no longer assigned to the case. Signed by Chief
Judge Yvette Kane on 1/17/2013. (cw) (Entered: 01/17/2013)
01/28/2013 65 MOTION for Extension of Time to Plaintiffs Motion to Enlarge
Discovery Period by Wenneker Distilleries. (Attachments: # 1 Proposed
Order)(McClure, Shawn) (Entered: 01/28/2013)
01/28/2013 66 BRIEF IN SUPPORT Memorandum of Law in Support of Plaintiffs
Motion to Enlarge Discovery Period re 65 MOTION for Extension of
Time to Plaintiffs Motion to Enlarge Discovery Period filed by
Wenneker Distilleries.(McClure, Shawn) (Entered: 01/28/2013)
02/05/2013 67 SCHEDULING ORDER: GRANTING plaintiffs motion 65 to enlarge
the discovery period; the court's standard trial schedule applies to this
case: discovery ddl of 3/8/13; dispositive motions/brfs due 5/10/13;
pretrial memos due 10/24/13; final pre-trial conference set for
10/31/2013 at 10:00 AM (Chambers-Williamsport);jury selection and
trial set for 12/2/2013 @ 9:30 AM in Williamsport before Honorable
Matthew W. Brann. Signed by Honorable Matthew W. Brann on 2/5/13.
(km) (Entered: 02/05/2013)
02/22/2013 68 MOTION to Withdraw as Attorney by Drinks America, Inc..(Weisberg,
Matthew) (Entered: 02/22/2013)
03/06/2013 69 MOTION for Extension of Time to To Enlarge Discovery Period by
Wenneker Distilleries. (Attachments: # 1 Proposed Order)(McClure,
Shawn) (Entered: 03/06/2013)
03/06/2013 70 BRIEF IN SUPPORT Memorandum of Law in Support of Plaintiffs
Motion to Enlarge Discovery Period re 69 MOTION for Extension of
Time to To Enlarge Discovery Period filed by Wenneker Distilleries.
(McClure, Shawn) (Entered: 03/06/2013)
03/06/2013 DOCKET ANNOTATION: COUNSEL is advised that a certificate of
service is to be DOCKETED in reference to Document 69 filed 3/6/13.
Document 71 is to be REDOCKETED using the event RESPONSE
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located under OTHER DOCUMENTS. Oc) (Entered: 03/06/2013)
03/06/2013 73 RESPONSE by Wenneker Distilleries to 68 MOTION to Withdraw as
Attorney Response to Motin for Leave to Withdraw as Counsel.
(McClure, Shawn) (Entered: 03/06/2013)
03/06/2013 74 BRIEF IN OPPOSITION re 68 MOTION to Withdraw as Attorney
Memorandum of Law in Support of Plaintiffs REsponse to Defnendant
Drinks'Motion for Leave to Withdraw as Counsel filed by Wenneker
Distilleries.(McClure, Shawn) (Entered: 03/06/2013)
03/06/2013 75 CERTIFICATE of by Wenneker Distilleries re 35 Amended Complaint
Affidavit of Service. (McClure, Shawn) (Entered: 03/06/2013)
03/06/2013 DOCKET ANNOTATION: Documents 71 & 72 filed 3/6/13 deleted and
replaced by Documents 73 & 74. Oc) (Entered: 03/06/2013)
03/07/2013 76 SCHEDULING ORDER: GRANTING plaintiffs motion 69 for
extension of time to to enlarge discovery period; the following ddls now
apply: discovery ddl 7/19/2013; dipositive motions/bfs due by
9/20/2013; pretrial memoranda due by 2/21/14; final pretrial conference
set for 2/28/2014 10:00 AM in Chambers;jury selection & trial set for
4/7/2014 09:30 AM in Williamsport- Courtroom 1 before Honorable
Matthew W. Brann. (See Order for details.)Signed by Honorable
Matthew W. Brann on 3/7/13. (km) (Entered: 03/07/2013)
03/08/2013 77 REPLY BRIEF re 68 MOTION to Withdraw as Attorney filed by Drinks
America, Inc..(Weisberg, Matthew) (Entered: 03/08/2013)
04/01/2013 78 MEMORANDUM AND ORDER: The motion 68 of counsel for dft
Drinks America, Inc. to withdraw is GRANTED on the condition and as
of the date that substitute counsel for Drinks America files a notice of
appearance; in the nature of a conditional grant, if the aforesaid condition
is not met, the motion is denied. Counsel for Drinks America is
ORDERED to promptly inform client that the Court is inclined to permit
counsel to withdraw in the future, regardless of whether client has
obtained substitute counsel, if the Court learns -by way of a 2nd motion
to withdraw that counsel is GRANTED leave to file on or after 5/1/2013,
that client continues to be nonresponsive to counsel's communications;
counsel for Drinks America is further ORDERED to inform client that
client, as a corporate defendant, is not permitted to represent itself, and
that failure to timely communicate with current counsel or obtain
substitute counsel puts client at ultimate risk of having a default
judgment ordered against it. See L.R. 83.3.1(a). Signed by Honorable
Matthew W. Brann on 4/1/13. (km) (Entered: 04/01/2013)
04/19/2013 79 MOTION for Default Judgment as to Pursuant to F.R.C.P.55(b)(1)
Against Olifant USA, INc by Wenneker Distilleries. (Attachments: # 1
Exhibit(s) A, # 2 Exhibit(s) 1)(McClure, Shawn) (Entered: 04/19/2013)
04/19/2013 80 BRIEF IN SUPPORT of Motion for default Judgment pursuant to
F.R.C.P. 55(b)(1)Against Olifant Usa, Inc re 79 MOTION for Default
Judgment as to Pursuant to F.R.C.P.55(b)(1)Against Olifant USA, INc
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filed by Wenneker Distilleries. (Attachments: # 1. Exhibit(s) A)
(McClure, Shawn) (Entered: 04/19/2013)
05/07/2013 81 MOTION to Withdraw as Attorney by Drinks America, Inc..(Weisberg,
Matthew) (Entered: 05/07/2013)
06/04/2013 82 MEMORANDUM and ORDER: DENYING plaintiffs Motion 79 for
Default Judgment Pursuant to F.R.C.P. 55(b)(1) against Olifant USA,
Inc. Signed by Honorable Matthew W. Brann on 6/4/13 (km) (Entered:
06/04/2013)
06/04/2013 83 ORDER: DENYING the Renewed Motion for Leave to Withdraw as
Counsel for defendant Drinks America, Inc. 81 ; ORDERING counsel to
comply with Local Rule 7.1 by providing certification that he has sought
concurrence in the motion from each party, and that it has been either
given or denied. Signed by Honorable Matthew W. Brann on 6/4/13
(km) (Entered: 06/04/2013)
06/05/2013 84 Amended MOTION to Withdraw as Attorney by Drinks America, Inc..
(Weisberg, Matthew) (Entered: 06/05/2013)
06/28/2013 85 MOTION for Entry of Default Judgment Pursuahnt to F.R.CP 55(b)(2)
Against Olifant USA, Inc. or Requesting A Damages Hearing in the
Alternative by Wenneker Distilleries. (Attachments: # 1 Exhibit(s) A, # 2
Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(McClure, Shawn)
(Entered: 06/28/2013)
07/01/2013 86 Letter from Matthew B. Weisberg, Esq. . (Weisberg, Matthew) (Entered:
07/01/2013)
07/02/2013 87 MOTION to Expedite Adjudication of Counsel's Amended Renewed
Motion for Leave to Withdraw as Counsel for Defendants, and
Defendants'Motion for Interim Stay by Drinks America, Inc..(Weisberg,
Matthew) (Entered: 07/02/2013)
07/12/2013 88 MOTION for Extension of Time to Complete Discovery by Wenneker
Distilleries. (Attachments: # 1 Proposed Order)(McClure, Shawn)
(Entered: 07/12/2013)
07/12/2013 89 BRIEF IN SUPPORT Memorandum of Law in Support of Plaintiffs
Motion for Enlarge Discovery Period re 88 MOTION for Extension of
Time to Complete Discovery filed by Wenneker Distilleries.
(Attachments: # 1 Exhibit(s) 1)(McClure, Shawn) (Entered: 07/12/2013)
07/16/2013 90 ORDER: GRANTING counsel's motion to withdraw as representative of
Drinks America, Inc. 84 ; DIRECTING Drinks America, Inc. to cause
new counsel to enter an appearance in this matter on or before
8/15/2013; STAYING the matter until 8/15/2013 or the date upon which
new counsel for Drinks America, Inc. enters an appearance, whichever is
earlier; DENYING counsel's motion for expedited adjudication 87 ;
GRANTING Wenneker Distilleries' motion for an extension of time to
complete discovery 88 ; extending all ddls in this matter by the length of
the stay plus 120 days; directing the clerk to attempt to have this Order
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delivered to the Drinks America, Inc. representative first served in this
matter, Charles Davidson, Vice President, 372 Danbury Rd., Wilton CT,
06897, by first class mail. Signed by Honorable Matthew W. Brann on
7/16/2013. (km) (Entered: 07/16/2013)
08/15/2013 9l. SCHEDULING ORDER: Telephone Status Conference initiated by
T plaintiff s counsel set for 9/4/2013 10:00 AM before Honorable Matthew
W. Brann. Counsel shall be prepared to discuss matters bearing on
plaintiffs request for default judgment and damages. Signed by
Honorable Matthew W. Brann on 8/15/13. (km) (Entered: 08/15/2013)
08/15/2013 DOCKET ANNOTATION: A copy of the Court's Order, filed 8/15/13,
rec. doc. no. 91, was mailed to Drinks America, Charles Davidson, Vice
President, 372 Danbury Road, Wilton CT 06897, by regular first class
mail. (km) (Entered: 08/15/2013)
08/22/2013 92 MOTION Emergency Motion Requesting A Rescheduling of the
Telephone Status Conference Scheduled for September 4, 2013 by
Wenneker Distilleries. (Attachments: # 1. Proposed Order)(McClure,
Shawn) (Entered: 08/22/2013)
08/22/2013 93 BRIEF IN SUPPORT of Emergency Motion Requesting a Rescheduling
of the Telephonic Status Conference Scheduled for September 4, 2013 re
92 MOTION Emergency Motion Requesting A Rescheduling of the
Telephone Status Conference Scheduled for September 4, 2013 filed by
Wenneker Distilleries.(McClure, Shawn) (Entered: 08/22/2013)
08/22/2013 94 ORDER granting 92 Motion to Reschedule Telephonic Status
Conference from September 4, 2013 to September 11, 2013 at 10:30
a.m.Signed by Honorable Matthew W. Brann on 8/22/13 (bw) (Entered:
08/22/2013)
08/26/2013 95 Mail Returned as Undeliverable. Mail sent to Drinks America, Charles
Davidson, Vice-President, 372 Danbury Road, Wilton, CT 06897. (The
Court's Order of 8/15/13, 91 was enclosed.) (km) (Entered: 08/27/2013)
09/13/2013 97 ORDER: Directing plaintiffs counsel to submit on or before 9/18/13
further support for plaintiffs "Renewed Motion Requesting the Entry of
Default Judgment" 85 ; plaintiffs counsel shall attempt to have the Order
of 8/15/2013 95 served upon Drinks America by process server. (See
Order for details.) Signed by Honorable Matthew W. Brann on 9/13/13.
(km) (Entered: 09/13/2013)
09/17/2013 99 BRIEF IN SUPPORT of Third Renewed Motion for Default Judgment re
98 Third MOTION for Entry of Default Judgment filed by Wenneker
Distilleries. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit
(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Proposed Order)(McClure,
Shawn) (Entered: 09/17/2013)
09/17/2013 100 Third MOTION for Default Judgment as to Olifant USA, Inc by
Wenneker Distilleries.(McClure, Shawn) Modified on 9/18/2013 to
correct the filing date(dh). (Entered: 09/18/2013)
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1
09/18/2013 DOCKET ANNOTATION: COUNSEL is advised that Document 98
filed 9/17/13 is to be REDOCKETED using the event DEFAULT
JUDGMENT located under MOTIONS. 0c) (Entered: 09/18/2013)
09/18/2013 DOCKET ANNOTATION: Doc. No. 98 deleted and replaced with Doc.
No. 100. (dh) (Entered: 09/18/2013)
10/16/2013 101 ORDER: GRANTING plaintiffs motion for default judgment 100 ;
DENYING plaintiffs previous motion for default judgment 85 ;
directing the clerk to enter judgment in favor of plaintiff and against
defendant Olifant USA, Inc. in the amount of$271,062.54; action
remaining open as to all claims and parties in accordance with
Fed.R.Civ.P. 54(b). Signed by Honorable Matthew W. Brann on
10/16/13 (km) Modified on 10/16/2013 (km). (Entered: 10/16/2013)
10/16/2013 102 DEFAULT JUDGMENT be and is hereby ENTERED in favor of
plaintiff Wenneker Distilleries and against defendant Olifant USA, Inc.
in the amount of$271,062.54 in accordance with this Court's Order, filed
October 16, 2013, ECF No. 101. Signed by deputy clerk on 10/16/13.
(km) (Entered: 10/16/2013)
10/31/2013 1.03 Mail Returned as Undeliverable. Mail sent to Drinks America
(Document number 101; Order dated 10/16/2013). (kw) (Entered:
10/31/2013)
01/17/2014 104 MOTION for Sanctions against Drinks America, Inc.for the Entry of
Default Judgment Pursuant to Middle District of Pennsylvania Local
Rule of Court 83.3 by Wenneker Distilleries. (Attachments: # 1 Exhibit
(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s)
E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8Proposed Order)(McClure,
Shawn) (Entered: 01/17/2014)
01/17/2014 105 BRIEF IN SUPPORT of Plaintiffs Motion Requesting the Entry of
Sanctions against Drinks America, Inc,for the Entry of Default
Judgment re 104 MOTION for Sanctions against Drinks America, Inc.
for the Entry of Default Judgment Pursuant to Middle District of
Pennsylvania Local Rule of Court 83.3 filed by Wenneker Distilleries.
(McClure, Shawn) (Entered: 01/17/2014)
01/29/2014 106 AFFIDAVIT of Service for Motion for Sanctions served on Drinks
America Inc on 01/17/2014, filed by Wenneker Distilleries.
(Attachments: # 1. Exhibit(s) 1)(McClure, Shawn) (Entered: 01/29/2014)
02/26/2014 1.07 ORDER: CANCELLING all remaining deadlines set forth in the Court's
Order of 3/7/2013 7_6 ; deadlines will be rescheduled if necessary after
the Court decides plaintiff Wenneker Distilleries's pending motion(s).
Signed by Honorable Matthew W. Brann on 2/26/14. (km) (Entered:
02/26/2014)
03/19/2014 1.08 Mail Returned as Undeliverable: 2/26/14 order sent to Drinks America.
(lg) (Entered: 03/19/2014)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WENNEKER DISTILLERIES,
Plaintiff,
vs. t L , ( t�l T)' U 1,
Civil Action No. ` �[
OLIFANT USA, INC. and
DRINKS AMERICA, INC.,
Defendants.
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( ) Garnishee
Your are hereby notified that the ollwing Order or Judgment
was entered against you on &/11 f I y
(xx) Assumpsit Judgment against Defendant Olifant USA,
Inc. on Count I in the amount of$271,062.54 plus
costs.
( ) Trespass Judgment in the amount
OLIFANT USA, INC. of$ plus costs.
P.O. Box 1259
Camp Hill,PA 17001 ( ) If not satisfied within sixty(60) days, your motor
vehicle operator's license and/or registration will
be suspended by the Department of Transportation,
Bureau of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( )Non-Pros
( ) Confession
(x)Judgment Roll/Certified Judgment
( ) Verdict
( )Arbitration-Award
Prothonotary
r
By: T_
PRHONOT, R P
OT (JTY) '" ,.
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WENNEKER DISTILLERIES,
Plaintiff,
vs.
Civil Action No. 1 ��
OLIFANT USA, INC. and
DRINKS AMERICA, INC.,
Defendants.
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( ) Garnishee
Your are hereby notified that the f llo ing Order or Judgment
was entered against you on 1
(xx) Assumpsit Judgment against Defendant Olifant USA,
Inc. on Count I in the amount of$271,062.54 plus
costs.
( ) Trespass Judgment in the amount
OLIFANT USA, INC. of$ plus costs.
c/o Jack McKenzie
1154 Woodland Avenue ( ) If not satisfied within sixty(60)days, your motor
Batavia, IL 60510-3050 vehicle operator's license and/or registration will
be suspended by the Department of Transportation,
Bureau of Traffic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( )Non-Pros
( ) Confession
(x)Judgment Roll
( ) Verdict
( )Arbitration Award
Prothonotary
rr ,
By: OTAR .y s
PROTHONDEPUTY) #