Docket Number: 3900 THOMAS DIDIANO, THOMAS DIDIANO, JR. AND THOMAS DIDIANO & SON, INC. Carlyle J. Engel, Esquire VS.

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1 THOMAS DIDIANO, THOMAS DIDIANO, JR. AND THOMAS DIDIANO & SON, INC. Carlyle J. Engel, Esquire VS. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Andrew S. Gordon, Chief Counsel P. Oliver Kerwin, Assistant Chief Counsel Jeffrey M. Spotts, Assistant Counsel

2 August 2, 2007 Plaintiff filed Claim, proof of mailing and filing fee. Amount of Claim: in excess of $40, August 3, 2007 Board issued Acknowledgment letter and forwarded a copy of the Claim to Attorney General. August 9, 2007 Attorney General filed Acknowledgement of Claim dated August 3, Receipt of same acknowledged on August 8, September 4, 2007 Defendant filed Preliminary Objections and Brief. [06A100407] October 4, 2007 Plaintiff filed Response to Preliminary Objections and Brief. December 11, 2007 Board rendered Opinion and Order. Order as follows: " AND NOW, this 11 th day of December, 2007, after receipt and review of Plaintiffs statement of claim and Defendant s preliminary objections to claim, it is hereby ORDERED and DECREED that Defendant s preliminary objections are OVERRULED. Defendant is to file an answer within 30 days of the exit date of this Order." December 19, 2007 Plaintiff filed Acceptance of Service of Opinion and Order dated December 11, Receipt of same acknowledged December 14, December 20, 2007 Defendant filed Acceptance of Service of Opinion and Order dated December 11, Receipt of same acknowledged December 19,

3 December 20, 2007 Defendant filed Entry of Appearance of Jeffrey M. Spotts, Assistant Counsel on behalf of Defendant. December 28, 2007 Defendant filed letter requesting an extension of time through February 1, 2008 in which to file Response to Plaintiff's Claim. December 31, 2007 Board granted extension of time until February 4, 2008 in which to file its response to claim. February 4, 2008 Defendant filed Answer, New Matter and Cross-Claim. February 5, 2008 Board forwarded letter to Plaintiff requesting response to New Matter and Cross-Claim. February 25, 2008 Plaintiff filed Reply to New Matter and Cross-Claim. February 26, 2008 Board forwarded letter to parties directing parties to commence with discovery. November 10, 2008 Defendant filed Notice of Service of Respondent s First Set of Interrogatories and Request for Production of Documents. January 9, 2009 Defendant filed letter addressed to Plaintiff requesting a response to Defendant s First Set of Interrogatories and Request for Production of Documents. 3

4 March 13, 2009 Defendant filed Motion to Compel Answers to Interrogatories and Production of Documents, Brief in Support and Proposed Order. [09A041609D] April 13, 2009 Plaintiff transmitted letter via fax advising that Defendant s Motion to Compel will not be contested. April 16, 2009 Plaintiff filed letter U.S. Mail advising that Defendant s Motion to Compel will not be contested. April 20, 2009 Plaintiff filed letter U.S. Mail advising that Defendant s Motion to Compel will not be contested. April 27, 2009 Board rendered an Opinion and Order. Order as follows: AND NOW, this 27 th day of April, 2009, it is ORDERED and DECREED that Defendant s Motion to Compel is GRANTED. Plaintiffs are directed to fully respond to Defendant s Interrogatories and Request for Production of Documents within 30 days of the exit date of this Order. Copy forwarded to Plaintiff and Defendant. May 4, 2009 Defendant filed Acceptance of Service of Opinion and Order dated April 27, Receipt of same acknowledged April 28, May 26, 2009 Plaintiff filed Acceptance of Service of Opinion and Order dated April 27, Receipt of same acknowledged May 21, August 5, 2010 Defendant filed a Joint Praecipe to Discontinue with Prejudice signed by both parties. 4

5 August 10, 2010 Board rendered Order. Order as follows: AND NOW, this 10 th day of August, 2010, upon receipt of a Joint Praecipe executed by Carlyle J. Engel, Esquire, on behalf of Plaintiff, Thomas Didiano, Thomas Didiano, Jr. and Thomas Didiano & Son, Inc., and Jeffrey M. Spotts, Assistant Counsel, on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, requesting that the Board mark the above-captioned matter settled, discontinued and ended, docketed with this Board under date of August 5, 2010, it is ORDERED and DIRECTED that the above-captioned matter be marked settled, discontinued and ended with prejudice. Copy forwarded to Plaintiff and Defendant. August 16, 2010 Defendant filed Acceptance of Service of Order dated August 10, Receipt of same acknowledged on August 11, August 23, 2010 Plaintiff filed Acceptance of Service of Order dated August 10, Receipt of same acknowledged on August 12,