Knecht et al v. JAKKS Pacific et al

Filing 119

ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that the remainder of defendants motion (Doc. 106 ) is DENIED. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/23/2021. (1) AO 85) (mw).

Case 4:17-cv-02267-CCC Document 119 Filed 08/23/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TROY KNECHT and SHELLY
:
KNECHT, individually, and as parents :
and natural guardians of H.K. and G.K., :
:
Plaintiffs
:
:
v.
:
:
JAKKS PACIFIC, INC., JAKKS
:
SALES CORPORATION, and
:
WAL-MART STORES, INC.,
:
:
Defendants
:

CIVIL ACTION NO. 4:17-CV-2267
(Judge Conner)

ORDER
AND NOW, this 23rd day of August, 2021, upon consideration of the omnibus
Daubert and summary judgment motion (Doc. 106) filed by defendants, and the
parties’ respective briefs in support of and opposition to said motion, as well as
the court’s order (Doc. 112) granting the unopposed aspects of defendants’ motion,
and for the reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
1.

The remainder of defendants’ motion (Doc. 106) is DENIED.

2.

A United States Magistrate Judge of this court is available to preside
over this case, see 28 U.S.C. § 636(c); FED. R. CIV. P. 73, and may be
available to do so earlier than the undersigned.1 The Clerk of Court
shall mail an AO 85 form (“Notice, Consent, and Reference of a Civil
Action to a Magistrate Judge”) to all parties in the above-captioned
action together with a copy of this order. All parties who consent to

1

The parties are reminded that consent is optional and may be withheld
without adverse substantive consequences. The name of any party withholding
consent will not be revealed to any judge who may otherwise be involved with the
case.

Case 4:17-cv-02267-CCC Document 119 Filed 08/23/21 Page 2 of 2

jurisdiction of a United States Magistrate Judge shall complete and
return the AO 85 form to the Clerk of Court no later than September
20, 2021.
3.

A United States Magistrate Judge of this court is also available and
willing to serve as a settlement officer in this case. The parties shall
promptly meet and confer to discuss participating in a settlement
conference with a United States Magistrate Judge. No later than
September 20, 2021, the parties shall certify to the court by way of
letter filed to the docket that they have met and conferred as directed
and shall indicate whether a referral to a United States Magistrate
Judge for a settlement conference is requested.

4.

If the parties do not consent to the jurisdiction of a United States
Magistrate Judge and do not request a settlement conference before a
United States Magistrate Judge by the deadline in paragraphs 2 and 3,
the court will schedule a pretrial telephonic scheduling conference to
establish a pretrial and trial schedule.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania