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Patent | Pennsylvania Western
Remark
Remark: Case transferred from Pennsylvania Western has been opened in Eastern District of TEXAS [LIVE] as case 2:26-cv-00862, filed 09/21/2026. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kss)
Contract: Other | Pennsylvania Western
Order
ORDER re 70 Response to Order to Show Cause. On 5/19/2026 Defendants and Third Party Plaintiffs Laurel Pond Condominium Association, F. Christopher Spina, and Michael Georgefiled a 44 third party complaint against four Third Party DefendantsWest Penn Power Company, KEC Contracting LLC, MountainCreek Construction & Maintenance, LLC, and Leak ID LLC. To date, KEC Contracting has not been served. Because the 90-day deadline for Third Party Plaintiffs to serve all Third Party Defendants under the federal rules expired on 8/17/2026, the Court issued an 67 Order to Show Cause directing the Third Party Plaintiffs to show cause why their claims against KEC Contracting should not be dismissed for failure to prosecute on 9/4/2026. On 9/8/2026, before responding to the 67 Order to Show Cause, Third Party Plaintiffs filed a 68 First Amended Third Party Complaint. On 9/17/2026, Third Party Plaintiffs filed their 70 response to the 67 Order to Show Cause. In the 70 response, Third Party Plaintiffs aver that they have repeatedly attempted to secure a waiver of service from, and to effectuate service on KEC Contracting but that despite their repeated efforts, they have been unable to do so. The Third Party Plaintiffs further aver that representatives from KEC Contracting's insurer have represented to Third Party Plaintiffs that they have been unable to obtain KEC Contractings consent to waive service. The Third Party Plaintiffs ask for a 60-day extension of their deadline to effectuate service on KEC Contracting. In light of the Third Party Plaintiffs' difficulties effectuating service against KEC Contracting despite numerous efforts to do so, the Court finds good cause exists to extend the period for service. See Fed. R. Civ. P. 4(m). Accordingly, IT IS HEREBY ORDERED that, on or before 11/17/26, Third Party Plaintiffs shall effectuate service of the 68 First Amended Third Party Complaint as to KEC Contracting and file proof thereof on the docket, or shall file a status report regarding the status of service. Signed by Judge Christy Criswell Wiegand on 9/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tmc)
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