Case Details

CourtEastern District of Pennsylvania
Docket number2:10-cv-02244
Date case filed2010-05-13
Date case closed
Date of latest filing
Assigned toCHIEF JUDGE PETRESE B. TUCKER
Case cause42:2000e Job Discrimination (Employment)
Nature of suit442 Civil Rights: Employment
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: JOSEPH ESPOSITO
Party type: Plaintiff
TERMINATED: 10/01/2012
Attorney name: LAURA CARLIN MATTIACCI
Attorney Contact:
CONSOLE LAW OFFICES, LLC
1525 LOCUST ST
9TH FL.
PHILADELPHIA, PA 19102
215-545-7676
Fax: 215-545-8254
Email: [email protected]
TERMINATED: 10/01/2012 LEAD ATTORNEY

Attorney name: STEPHEN G. CONSOLE
Attorney Contact:
CONSOLE LAW OFFICES LLC
1525 LOCUST ST
9TH FL.
PHILADELPHIA, PA 19102
215-545-7676
Fax: 215-565-2850
Email: [email protected]
TERMINATED: 10/01/2012 LEAD ATTORNEY

Attorney name: CAREN N. GURMANKIN
Attorney Contact:
CONSOLE LAW OFFICES LLC
1525 LOCUST ST., 9TH FL
PHILADELPHIA, PA 19102
215-545-7676
Fax: 215-565-2853
Email: [email protected]
TERMINATED: 10/01/2012
Party: MERCEDES-BENZ OF FORT WASHINGTON, INC.
Party type: Defendant
Attorney name: ELIZABETH F. WALKER
Attorney Contact:
CAMPBELL LIPSKI & DOCHNEY
2000 MARKET ST SUITE 1100
PHILADELPHIA, PA 19103
215-861-6700
Fax: 215-861-6737
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: WILLIAM E. DENGLER
Attorney Contact:
HENDRZAK & LLOYD
3701 CORPORATE CENTER PARKWAY
SUITE 100
CENTER VALLEY, PA 18034
610-709-8705
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: CONDOR AUTOMOTIVE GROUP, LLC
Party type: Defendant
Attorney name: ELIZABETH F. WALKER
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: WILLIAM E. DENGLER
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: STEPHEN SILVERIO
Party type: Defendant
TERMINATED: 04/06/2012
Attorney name: WILLIAM E. DENGLER
Attorney Contact:
(See above for address)
TERMINATED: 04/06/2012
Party: VINCENT PETRUZIELLO
Party type: Defendant
TERMINATED: 06/16/2011
Attorney name: CHRISTOPHER A. TINARI
Attorney Contact:
MARGOLIS EDELSTEIN
THE CURTIS CENTER, 4TH FLOOR
6TH AND WALNUT STREETS
PHILADELPHIA, PA 19106
215-931-5895
Email: [email protected]
TERMINATED: 06/16/2011

Attorney name: JULIANNE MARIE CURRY
Attorney Contact:
MARGOLIS EDELSTEIN
THE CURTIS CENTER, 4TH FL
601 WALNUT STREET
PHILADELPHIA, PA 19106
215-931-5855
Email: [email protected]
TERMINATED: 06/16/2011

Attorney name: MICHAEL R. MILLER
Attorney Contact:
MARGOLIS EDELSTEIN
170 S. INDEPENDENCE MALL W
SUITE 400 E
PHILADELPHIA, PA 19106-3337
215-922-5805
Email: [email protected]
TERMINATED: 06/16/2011
Party: MARC H. BAER
Party type: Plaintiff
Attorney name: CAREN N. GURMANKIN
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-05-13 COMPLAINT against CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC., VINCENT PETRUZIELLO, STEPHEN SILVERIO ( Filing fee $ 350 receipt number PPE022814.), filed by JOSEPH ESPOSITO.(cw, ) (Additional attachment(s) added on 12/21/2011: # 1 designation form) (tl, ). (Entered: 05/14/2010)
22010-05-17 NOTICE of Appearance by STEPHEN G. CONSOLE on behalf of JOSEPH ESPOSITO with Certificate of Service(CONSOLE, STEPHEN) (Entered: 05/17/2010)
32010-05-21 NOTICE of Appearance by CHRISTOPHER A. TINARI on behalf of VINCENT PETRUZIELLO with Jury Demand(TINARI, CHRISTOPHER) (Entered: 05/21/2010)
42010-05-24 WAIVER OF SERVICE Returned Executed by JOSEPH ESPOSITO. CONDOR AUTOMOTIVE GROUP, LLC waiver sent on 5/17/2010, answer due 7/16/2010. (GURMANKIN, CAREN) (Entered: 05/24/2010)
52010-05-24 WAIVER OF SERVICE Returned Executed by JOSEPH ESPOSITO. MERCEDES-BENZ OF FORT WASHINGTON, INC. waiver sent on 5/17/2010, answer due 7/16/2010. (GURMANKIN, CAREN) (Entered: 05/24/2010)
62010-05-26 WAIVER OF SERVICE Returned Executed by JOSEPH ESPOSITO. STEPHEN SILVERIO waiver sent on 5/17/2010, answer due 7/16/2010. (GURMANKIN, CAREN) (Entered: 05/26/2010)
72010-05-27 NOTICE of Appearance by WILLIAM E. DENGLER on behalf of STEPHEN SILVERIO with jury demand(DENGLER, WILLIAM) (Entered: 05/27/2010)
82010-06-04 WAIVER OF SERVICE Returned Executed by JOSEPH ESPOSITO. VINCENT PETRUZIELLO waiver sent on 5/17/2010, answer due 7/16/2010. (GURMANKIN, CAREN) (Entered: 06/04/2010)
92010-07-15 ANSWER to 1 Complaint by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC..(WALKER, ELIZABETH) (Entered: 07/15/2010)
102010-07-15 Statement of Disclosure pursuant to Rule 7.1 by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC.. (WALKER, ELIZABETH) (Entered: 07/15/2010)
112010-07-16 ANSWER to 1 Complaint With Affirmative Defenses by STEPHEN SILVERIO.(DENGLER, WILLIAM) (Entered: 07/16/2010)
122010-07-16 ANSWER to Complaint with Affirmative Defenses by VINCENT PETRUZIELLO.(CURRY, JULIANNE) (Entered: 07/16/2010)
132010-08-10 MOTION to Consolidate Cases filed by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC..Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, B and C)(WALKER, ELIZABETH) (Entered: 08/10/2010)
142010-08-24 RESPONSE in Opposition re 13 MOTION to Consolidate Cases filed by JOSEPH ESPOSITO. (GURMANKIN, CAREN) (Entered: 08/24/2010)
152010-09-29 ORDER THAT THE MOTION IS GRANTED AS TO DISCOVERY AND AL DISCOVERY SHALL BE CONDUCTED UNDER CIVIL ACTION 10-1662 AS THE LEAD CASE. THE MOTION IS DENIED AS TO ALL MOTIONS TO DISMISS, MOTIONS FOR SUMMARY JUDGMENT AND TRIAL. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 9/29/10.9/30/10 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 09/30/2010)
162011-01-05 ORDER THAT UPON THE REQUEST OF ALL PARTIES AND FOR GOOD CAUSE SHOWN, IT IS ORDERED THAT THE SCHEDULING ORDER ENTERED IN THE LEAD CASE (NO. 10-1662), IS REVISED AS FOLLOWS, ALL FACTUAL DISCOVERY SHALL BE COMPLETED BY 6/24/2011; ALL MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT SHALL BE FILED AND SERVED ON OR BEFORE 7/25/2011; AND THE CASE IS RESCHEDULED FOR TRIAL ON 10/24/2011, AT 10:00AM, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/5/11. 1/6/11 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 01/06/2011)
172011-01-18 ORDER THAT THE SCHEDULING ORDER DATED 1/5/2011 IS AMENDED AS FOLLOWS: MOTION FOR SUMMARY JUDGMENT DUE BY 7/25/2011., THE LEAD CASE IS RESCHEDULED FOR TRIAL BEFORE THIS COURT ON 10/24/2011 10:00 AM IN COURTROOM BEFORE HONORABLE WILLIAM H. YOHN JR, THE TRIAL DATE IN CIVIL ACTION NUMBER 10-CV-2244 SHALL BE SEPARATELY SCHEDULED BY JUDGE TUCKER. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/18/2011. 1/19/2011 ENTERED AND COPIES E-MAILED. (kk, ) (Entered: 01/19/2011)
182011-01-31 ORDER THAT THE TRIAL POOL DATE IN THE ABOVE CAPTIONED MATTER IS SCHEDULED FOR 10/31/11, AT 10:00 AM. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/26/11. 1/31/11 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 01/31/2011)
192011-05-26 NOTICE of Appearance by LAURA CARLIN MATTIACCI on behalf of JOSEPH ESPOSITO with Certificate of Service(MATTIACCI, LAURA) (Entered: 05/26/2011)
202011-06-16 STIPULATION of Dismissal of Defendant Vincent Petruzziello as a Party by VINCENT PETRUZIELLO. (MILLER, MICHAEL) (Entered: 06/16/2011)
212011-06-20 STIPULATION AND ORDER THAT THE DEFENDANT VINCENT PETRUZZIELLO IS DISMISSED WITHOUT PREJUDICE, WITH EACH PARTY TO BEAR THEIR OWN COST AND FEES. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 6/20/2011. 6/21/2011 ENTERED AND COPIES E-MAILED.(kk, ) (Entered: 06/21/2011)
222011-06-21 ORDER THAT BY THE DATE FOR COMPLETION OF ALL DISCOVERYM INCLUDING ALL EXPERT WITNESS DISCOVERY, ALL PARTIES SHALL FILE WITH THE CLERK OF COURT AND SERVE ON OPPOSING COUNSEL, THE PRE-TRIAL DISCLOSURES, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 6/20/2011. 6/21/2011 ENTERED AND COPIES E-MAILED.(kk, ) (Entered: 06/21/2011)
232011-07-25 MOTION for Summary Judgment filed by STEPHEN SILVERIO.Memorandum. (Attachments: # 1 Statement of Undisputed Facts, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(DENGLER, WILLIAM) (Entered: 07/25/2011)
242011-07-25 Disclosure by JOSEPH ESPOSITO. (Attachments: # 1 Certificate of Service)(GURMANKIN, CAREN) (Entered: 07/25/2011)
252011-07-25 Disclosure with Certificate of Service by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC..(WALKER, ELIZABETH) (Entered: 07/25/2011)
262011-08-08 Objections by JOSEPH ESPOSITO re 25 Disclosure Objections to Defendants Condor Automotive Group, LLC and Mercedes Benz of Fort Washington, Inc.'s Pretrial Disclosures and COS. (GURMANKIN, CAREN) (Entered: 08/08/2011)
272011-08-08 Objections by JOSEPH ESPOSITO Objections to Pretrial Disclosures of Defendant Stephen Silverio with COS. (GURMANKIN, CAREN) (Entered: 08/08/2011)
282011-08-09 ORDER THAT DEFENDANTS, MERCEDES BENZ OF FT. WASHINGTON, INC. AND CONDOR AUTOMOTIVE GROUP, LLC, ARE GRANTED AND EXTENSION OF TIME UNTIL 8/15/2011 TO FILE DEFENDANTS' ANSWER TO PLAINTIFF, REGINA DUNN'S MOTION FOR PARTIAL SUMMARY JUDGMENT. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 8/8/11. 8/9/11 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 08/09/2011)
292011-08-15 RESPONSE in Opposition re 23 MOTION for Summary Judgment by Defendant Stephen Silverio filed by JOSEPH ESPOSITO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D and E, # 5 Exhibit F-I, # 6 Exhibit J-L, # 7 Exhibit M-O, # 8 Exhibit P, # 9 Exhibit Q-R, # 10 Text of Proposed Order)(GURMANKIN, CAREN) (Entered: 08/15/2011)
302011-08-17 ORDER THAT DEFENDANTS, MERCEDES BENZ OF FT. WASHINGTON, INC. AND CONDOR AUTOMOTIVE GROUP, LLC, ARE GRANTED AN EXTENSION OF TIME UNTIL THE END OF BUSINESS ON 8/18/2011 TO FILE DEFENDANTS' ANSWER OF PLAINTIFF, REGINA DUNN'S MOTION FOR PARTIAL SUMMARY JUDGMENT. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 8/16/11. 8/17/11 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 08/17/2011)
312011-09-16 Disclosure with Supplemental Disclosure with Certificate of Service by JOSEPH ESPOSITO.(GURMANKIN, CAREN) (Entered: 09/16/2011)
322011-09-30 ORDER THAT THE TRIAL POOL DATE FOR THE ABOVE-CAPTIONED CASE HAS BEEN RESCHEDULED FROM 10/31/2011 TO 1/17/2012. COUNSELS' PRETRIAL CONFERENCE SHALL BE SCHEDULED ACCORDINGLY. TRIAL POOL SET FOR 1/17/2012.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 9/29/2011. 9/30/2011 ENTERED AND COPIES E-MAILED.(jmf, ) (Entered: 09/30/2011)
332011-10-27 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law in Support filed by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC., STEPHEN SILVERIO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Defendants' Statement of Undisputed Facts, # 3 Text of Proposed Order, # 4 Exhibit A, # 5 Exhibit B thru D, # 6 Certificate of Service)(DENGLER, WILLIAM) (Entered: 10/27/2011)
342011-11-18 ORDER THAT PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS IS HEREBY GRANTED. PLAINTIFF SHALL RESPOND TO DEFENDANTS' MOTION TO DISMISS ON OR BEFORE 12/12/2011. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/16/2011. 11/21/2011 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 11/21/2011)
352011-12-13 ORDER THAT PLAINTIFF'S SECOND REQUEST FOR AN EXTENSION OF TIME TO REPOND TO DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION 33 , IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL RESPOND TO DEFENDANTS' MOTION TO DISMISS ON OR BEFORE 1/11/2012. IT IS FURTHER ORDERED THAT THE TRIAL POOL DATE FOR THE ABOVE CAPTIONED MATTER IS RESCHEDULED FOR 3/12/2012. SIGNED BY HONORABLE PETRESE B. TUCKER ON 12/13/11. 12/13/11 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 12/13/2011)
362012-01-11 RESPONSE in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law in Support filed by JOSEPH ESPOSITO. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-F, # 3 Exhibit G, # 4 Exhibit H-K, # 5 Text of Proposed Order)(GURMANKIN, CAREN) (Entered: 01/11/2012)
372012-01-24 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF JURISDICTION 33 AND PLAITIFF'S RESPONSE IN OPPOSITION THERETO 36 , IT IS HEREBY ORDERED AND DECREED THAT DEFENDANTS' MOTION IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE TO THE RIGHT OF THE TRUSTEE IN PLAINTIFF'S BANKRUPTCY CASE TO MOVE TO BE SUBSTITUTED AS PLAINTIFF IN THIS CASE. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/23/12.1/24/12 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 01/24/2012)
382012-02-15 MOTION to Substitute Bankruptcy Trustee As Plaintiff/Real Party-In Interest filed by JOSEPH ESPOSITO.Memorandum and Certificate of Service. (Attachments: # 1 Exhibit A-L, # 2 Text of Proposed Order)(GURMANKIN, CAREN) (Entered: 02/15/2012)
392012-02-27 RESPONSE in Opposition re 38 MOTION to Substitute Bankruptcy Trustee As Plaintiff/Real Party-In Interest filed by CONDOR AUTOMOTIVE GROUP, LLC, MERCEDES-BENZ OF FORT WASHINGTON, INC., STEPHEN SILVERIO. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(WALKER, ELIZABETH) (Entered: 02/27/2012)
402012-03-02 ORDER THAT PLAINTIFF'S MOTION IS STAYED PENDING COMPLETION OF LIMITED DISCOVERY. IT IS FURTHER ORDERED THAT THE PARTIES SHALL HAVE THIRTY (30) DAYS FROM THE DATE OF ENTRY OF THIS ORDER IN WHICH TO COMPLETE LIMITED DISCOVERY REGARDING PLAINTIFF'S MOTION. IT IS ORDERED THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFF'S MOTION WITHINT TWENTY-ONE (21) DAYS OF THE CLOSE OF THE LIMITED DISCOVERY PERIOD. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/2/12. 3/2/12 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 03/02/2012)
412012-03-19 MOTION to Modify Defendants' Subpoena filed by JOSEPH ESPOSITO.Motion to Modify Defendants' Subpoena to Exclude Attorney Client Privileged Communications Sought by Defendants with Memorandum and Certificate of Service. (Attachments: # 1 Exhibit Exhibits A through N, # 2 Text of Proposed Order Proposed Order)(GURMANKIN, CAREN) (Entered: 03/19/2012)
422012-03-23 RESPONSE to Motion re 41 MOTION to Modify Defendants' Subpoena filed by MERCEDES-BENZ OF FORT WASHINGTON, INC., STEPHEN SILVERIO. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit A-B, # 4 Certificate of Service)(DENGLER, WILLIAM) (Entered: 03/23/2012)
432012-04-04 ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO MODIFY DEFENDANTS' SUBPOENA TO EXCLUDE ATTORNEY-CLIENT PRIVILEGED COMMUNICATIONS SOUGHT BY DEFENDANTS 41 , AND DEFENDANTS' RESPONSE IN OPPOSITION THERETO 42 , IT IS HEREBY ORDERED AND DECREED THAT PLAINTIFF'S MOTION IS GRANTED. IT IS FURTHER ORDERED THAT THE LIMITED DISCOVERY PERIOD IN THIS MATTER SHALL BE EXTENDED FOR AN ADDITIONAL THIRTY (30) DAYS FROM THE DATE OF ENTRY OF THIS ORDER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 4/2/12.4/4/12 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 04/04/2012)
442012-04-06 STIPULATION of Dismissal of Defendant Stephen Silverio by JOSEPH ESPOSITO. (GURMANKIN, CAREN) (Entered: 04/06/2012)
452012-06-12 STIPULATION AND ORDER THAT ALL OF PLAINTIFF'S CLAIMS AGAINST SILVERIO ARE HEREBY DISMISSED WITH PREJUDICE AND SILVERIO IS HEREBY DISMISSED WITH PREJUDICE FROM THESE ACTIONS AS A DEFENDANT; EACH PARTY WILL BEAR ITS OWN COSTS AND FEES ASSOCIATED WITH THE CLAIMS BROUGHT AGAINST SILVERIO IN THESE ACTIONS, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/11/12. 6/12/12 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 06/12/2012)
462012-10-01 ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SUBSTITUTION OF BANKRUPTCY TRUSTEE AS PLAINTIFF/REAL PRATY-IN-INTEREEST 38 , AND DEFENDANT'S RESPONSE THERETO 39 , IT IS HEREBY ORDERED AND DECREED THAT PLAINTIFF'S MOTION IS GRANTED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 9/28/12.10/1/12 ENTERED AND COPIES E-MAILED.(ti, ) (Entered: 10/01/2012)