Case details

Court: nynd
Docket #: 5:93-cv-00839
Case Name: Cole v. World Wrestling Fed., et al
PACER case #: 31213
Date filed: 1993-06-25
Date terminated: 1994-04-07
Assigned to: Senior Judge Frederick J. Scullin, Jr
Referred to: Magistrate Judge Gustave J. DiBianco
Case Cause: 28:1441 Petition for Removal- Contract Dispute
Nature of Suit: 190 Contract: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Thomas Cole
Plaintiff
Antonio Faga
Office of Antonio Faga 7955 Airport Road Suite 202 Naples, FL 34109 239-597-9999 Fax: 239-597-9974 Email: antoniofaga@fagalaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

World Wrestling Federation
Defendant
Thomas E. Myers
Bond, Schoeneck Law Firm - Syracuse One Lincoln Center Syracuse, NY 13202 315-218-8661 Fax: 315-218-8100 Email: tmyers@bsk.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Titan Sports, Inc.
Defendant
Terry Garvin, Mel Phillips and Pat Patterson as Employees of the Defendant Business Entities doing business asTitan Sports Enterprises
George B. Foster
Kirkpatrick, Lockhart Law Firm 1500 Oliver Building Pittsburgh, PA 15222 412-355-6500
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry S. McDevitt
Kirkpatrick, Lockhart Law Firm 1500 Oliver Building Pittsburgh, PA 15222 412-355-6500
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven S. Santoro
5725 Forward Avenue Suite 400 A Pittsburgh, PA 15217
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas E. Myers
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terry Garvin
Defendant
Individually
Terry Garvin
50 Big Horn Road Shelton, CT 06484 PRO SE

Mel Phillips
Defendant
Individually
J. Alan Johnson
Swensen, Perer Law Firm Two PNC Plaza Suite 2710 Pittsburgh, PA 15222 412-281-1970 Fax: Fax 412-281-2808
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pat Petterson
Defendant
Individually
Pat Petterson
9 Moorehouse Lane Norwalk, CT 06854 PRO SE

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1993-06-25 1 0 NOTICE OF REMOVAL; with exhibit FILING FEE $ 120.00 RECEIPT # 14716 (jmb) (Entered: 06/25/1993)
1993-07-22 2 0 MOTION by Titan Sports, Inc. to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e) , and to require plaintiff to file amended complaint as to Counts II and III , and to Transfer Case to USDC, District of Connecticut , Hearing set for 10:00 10/8/93 , Response Deadline 9/24/93 , Reply to Response Deadline 10/1/93. AFFIDAVIT of Linda McMahon attached along with exhibits and certificates of service. Returnable before Judge Scullin (jat) (Entered: 07/23/1993)
1993-07-22 3 0 MEMORANDUM by Titan Sports, Inc. in support of [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, [2-3] motion to Transfer Case to USDC, District of Connecticut (jat) (Entered: 07/23/1993)
1993-07-26 4 0 DEMAND for jury trial by Thomas Cole (bjw) (Entered: 07/27/1993)
1993-09-24 5 0 MEMORANDUM and Proposed Order by Thomas Cole in opposition to [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, [2-3] motion to Transfer Case to USDC, District of Connecticut (bjw) (Entered: 09/24/1993)
1993-09-24 6 0 AFFIDAVIT by Thomas Cole through Antonio Faga, Esq. Re: [5-1] opposition memorandum (bjw) (Entered: 09/24/1993)
1993-09-29 7 0 Scheduling Notice/Letter by Court:, Motion Hearing reset for 10:00 11/10/93 re: [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), set for 10:00 11/10/93 re: [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, set for 10:00 11/10/93 re: [2-3] motion to Transfer Case to USDC, District of Connecticut , and Response to Motion reset to 10/27/93 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 10/27/93 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 10/27/93 for [2-3] motion to Transfer Case to USDC, District of Connecticut , and Reply to Response to Motion reset to 11/3/93 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 11/3/93 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 11/3/93 for [2-3] motion to Transfer Case to USDC, District of Connecticut (bjw) (Entered: 10/04/1993)
1993-09-22 8 0 MOTION by Titan Sports, Inc. for George B. Foster, Steven S. Santoro, Jerry S. McDevitt to Appear Pro Hac Vice Motion returnable before Judge: Scullin with supporting affidavits attached. (bjw) (Entered: 10/04/1993)
1993-09-30 9 0 ORDER granting [8-1] motion for George B. Foster, Steven S. Santoro, Jerry S. McDevitt to Appear Pro Hac Vice ( signed by Judge Frederick J. Scullin Jr. ) (bjw) (Entered: 10/04/1993)
1993-10-14 10 0 Rule 10J Statement in Support of [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, [2-3] motion to Transfer Case to USDC, District of Connecticut filed by Titan Sports, Inc. (bjw) (Entered: 10/18/1993)
1993-10-19 11 0 Scheduling Notice/Letter by Court:, Motion Hearing reset for 10:00 12/10/93 re: [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), set for 10:00 12/10/93 re: [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, set for 10:00 12/10/93 re: [2-3] motion to Transfer Case to USDC, District of Connecticut , AND Response to Motion reset to 11/26/93 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 11/26/93 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 11/26/93 for [2-3] motion to Transfer Case to USDC, District of Connecticut , and Reply to Response to Motion reset to 12/3/93 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 12/3/93 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 12/3/93 for [2-3] motion to Transfer Case to USDC, District of Connecticut (bjw) (Entered: 10/21/1993)
1993-10-25 12 0 Rule 10J Statement in OPPOSITION TO [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e) filed by Thomas Cole (bjw) (Entered: 10/27/1993)
1993-10-27 13 0 MINUTE ENTRY of Telephone Conference with Magistrate Judge DiBianco on 10/27/93 - APP: Antonio Faga, Esq. for Pltf., Thomas E. Myers, Esq. for Deft. World Wrestling Fed, & Titan Sports, Inc., et al., J. Alan Johnson, Esq. for Deft. Mel Phillips, Jerry McDevitt, Esq. & Steve Santoro, Esq. for Deft. Titan; Terry Garvin, Pro Se; Gene Ricio; Pat Patterson (dmf) (Entered: 10/28/1993)
1993-10-27 14 0 Uniform Pretrial Order; Trial Ready by: 12/1/94; Length of Trial 4 days; Trial Location: Syracuse; Joining of Parties Deadline 3/30/94 ; Amending of Pleadings Deadline 4/30/94 ; Discovery Deadline 7/30/94 ; Motion Filing Deadline 9/15/94 ; Jury Trial Deadline 9:30 AM on 12/5/94; Parties are to notify the Court during early November 1994 of the time needed to complete trial ( Signed by: Magistrate Judge Gustave J. DiBianco 10/27/93) (dmf) (Entered: 10/28/1993)
1993-10-27 15 0 ORDER granting [15-1] motion by Deft. Phillips to Join in [2-1] motion to Dismiss the complaint ( signed by Judge Frederick J. Scullin Jr. ) (bjw) (Entered: 10/29/1993)
1993-11-24 16 0 AFFIDAVIT by Thomas Cole Re: [5-1] opposition memorandum (bjw) (Entered: 11/24/1993)
1993-12-02 17 0 Scheduling Notice/Letter by Court:, Motion Hearing reset for 10:00 2/11/94 re: [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), set for 10:00 2/11/94 re: [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, set for 10:00 2/11/94 re: [2-3] motion to Transfer Case to USDC, District of Connecticut , and Response to Motion reset to 1/28/94 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 1/28/94 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 1/28/94 for [2-3] motion to Transfer Case to USDC, District of Connecticut , and Reply to Response to Motion reset to 2/4/94 for [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e), reset to 2/4/94 for [2-2] motion to require plaintiff to file amended complaint as to Counts II and III, reset to 2/4/94 for [2-3] motion to Transfer Case to USDC, District of Connecticut (bjw) (Entered: 12/08/1993)
1994-02-11 18 0 Minute entry: [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e) under advisement, [2-2] motion to require plaintiff to file amended complaint as to Counts II and III under advisement, [2-3] motion to Transfer Case to USDC, District of Connecticut under advisement. APP: Antonio Faga for pltf; Thomas Myers, Steven Santoro for defts. Court Reporter/ECRO: Tracy Skinner (jat) (Entered: 02/11/1994)
1994-02-15 19 0 Minute entry: Telephone conference re: 2/11/94 motion - defts are attempting to convert motion to dismiss into motion for summary judgment. Judge rules that pltf's claim is not insufficient on face and will not accept motion as summary judgment but will allow more definite pleading to be filed. [2-1] Motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e) under advisement, [2-2] motion to require plaintiff to file amended complaint as to Counts II and III under advisement, [2-3] motion to Transfer Case to USDC, District of Connecticut under advisement. Two weeks allowed for add'l briefing. APP: Steven Santoro and Thomas Myers for defts; Antonio Faga for pltf. Court Reporter/ECRO: none (jat) (Entered: 03/09/1994)
1994-04-07 20 0 LETTER to Judge Scullin from Atty. Santoro requesting that the Court convene another status conference via telephone in conjunction with the pltf's amended complaint. (dmf) (Entered: 04/07/1994)
1994-04-07 21 0 ORDER - Denying [2-1] motion to Dismiss Count I of Complaint w/ prejudice pursuant to FRCP 12(b), (c) and (e); Granting [2-2] motion to require plaintiff to file amended complaint as to Counts II and III; Granting [2-3] motion to Transfer Case to USDC, District of Connecticut; the record reveals no event arguably giving rise to this claim that took place in this district. ( signed by Judge Frederick J. Scullin Jr. ) (dmf) (Entered: 04/07/1994)
1994-04-25 22 0 Process receipt return on 4/14/94 by Patricia A. Zielinski re: record on appeal (dmf) (Entered: 04/25/1994)