c/o JND Legal Administration Petro Home Services covers everything from heating oil delivery to propane, plumbing, AC installation, generators, natural gas, appliance repair, and more! We are your total comfort services provider, here for you 24/7. Current Litigation. If general jurisdiction exists, a court may hear any and all claims against the defendant. https://petro-home-services.pissedconsumer.com/complaints/RT-P.html 1998). The Notice tells you about the benefits available from a proposed settlement of a class action lawsuit in the U.S. District Court for the Eastern District of New York and your options. Presumably, the anonymous caller is not anonymous to Plaintiff and Plaintiff would be in a position to properly allege the specifics of the call. Shaffer v. Heitner, 433 U.S. 186, 204 (1977). Id. Id. You further consent to a deposition, at the request of Class Counsel or Defendant’s counsel, at least five (5) days prior to the Final Approval Hearing. Id. For a complaint to survive dismissal under Rule 12(b)(6), it must contain sufficient factual matter to state a claim that is plausible on its face. However, this allegation is merely a legal conclusion and entitled to no weight. In connection with such waivers and relinquishment, the Releasing Parties expressly acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever all Released Claims with respect to the Released Persons, and in furtherance of such intention, the release of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts. Id. If the Court approves the settlement and it becomes final, an administrator appointed by the Court will make the payments that the settlement provides. Corp., 809 F.3d 780, 789 (3d Cir. Moreover, the Complaint's factual allegations do not indicate with "reasonable particularity" the possible existence of minimal contacts. Compl ¶¶ 4, 20, D.E. Petroleum Heat and Power Co. Inc. is the largest retail distributor of home heating oil in the United States. Plaintiff has thirty (30) days to file an amended complaint, if he so chooses, consistent with this Opinion. "Nevertheless, the plaintiff bears the burden of showing the basis for jurisdiction and must establish with reasonable particularity sufficient contacts between the defendant and the forum state." Consent through registration may be a valid basis for asserting personal jurisdiction. at 39 (emphasis added). at 7-8. ¶¶ 11-13. 146 reviews of Petro Home Services "Petro has been my oil company since 2005 and while I suspect they don't have the best prices, their service has always been outstanding. In sum, Plaintiff fails to establish that he has general or specific personal jurisdiction over any of the Defendants. Id. Plf's Br. To qualify for a Cash Benefit, you must timely submit the Claim Form using the Class Member identifier contained within the Personal Notice you received (if you received Personal Notice via email, the Class Member identifier is located in the subject line; if you received Personal Notice via mail, the Class Member identifier is located on the front of the postcard). Petroleum Oils in West Valley City on YP.com. P. 12(b)(6). Magistrate Judge Steven I. Locke is overseeing this class action, which is called Donnenfeld v. Petro, Inc., Case No. Consequently, the Court does not have general jurisdiction over any of the Defendants. Petro Home Services. The Court does not even know if the persons who posted are actually real. United States District Court, D. New Jersey.https://leagle.com/images/logo.png, Editors Note Green v. Green Mountain Coffee Roasters, Inc., 279 F.R.D. Pa. Sept. 20, 2016) (concluding that consent by jurisdiction was valid under Pennsylvania's registration statute). 2014). If you cannot find the postcard mailed to you call (833) 222-1169. 2:17-cv-2310-SIL. BBB accredited since 1/26/2016. Donnenfeld claims that other courts have permitted such evidence to show that a party was on notice of the complaints. ¶ 24. Petro Home Services appreciates your loyalty and wish to only provide outstanding customer service at all times. at 11-39. 2009). If you appear through your own attorney, you are responsible for paying that attorney. Moreover, the Court must accept a plaintiff's allegations as true and resolve any factual conflicts in the plaintiff's favor. 155 reviews from Petro Home Services employees about Petro Home Services culture, salaries, benefits, work-life balance, management, job security, and more. 119 or e-mail rmatloff@nagelrice.com. PETRO HOME SERVICES, PETRO HOLDINGS, INC. and PETRO, INC., Defendants. Marty Allen Petro passed away Friday, October 2, 2020. It appears to the Court that the on-line postings provided Plaintiff with an opportunity to start a focused investigation. Fowler, 578 F.3d at 210. Petro Home Services is what we have used for both Air Conditioning and Heating for years we get our oil as well from Petro. Co. v. Mylan Inc., 106 F.Supp.3d 456, 461 (D.N.J. The Court also does not know whether the persons who posted were doing so for other than their stated reason, i.e. 2:17-cv-2310-SIL, during regular business hours in the Clerk’s Office at 100 Federal Plaza, Central Islip, NY 11722. If you don’t send in a Claim Form and don’t opt out from the Settlement as described in FAQ 8 below, you will still be bound by all the terms of the Settlement, including releasing the Released Claims as described in FAQ 9 below and will not receive any Cash Benefit from the Settlement. After several years of litigation and after arm's-length negotiations, the parties have agreed to a settlement in order to make cash benefits available to Petro's current and former customers. . the Court resolves the jurisdictional issue in the absence of a jurisdictional hearing and without the benefit of discovery, the plaintiff need only establish a prima facie case of personal jurisdiction." ¶ 23. The Court has not determined whether Plaintiff or Defendant is correct. Donnenfeld states, in a conclusory manner, that "oil prices continued to fall dramatically." D.E. Defendants also contend that Donnenfeld's class action allegations should be struck because the Rule 23 requirements cannot be satisfied. Helpful 7 people found this review helpful Customer increased Rating by 4 stars! 2:17-cv-2310-SIL. Cf., SPX Corp. v. Doe, 253 F.Supp.2d 974, 981 (N.D. Ohio 2003) (concluding that a reasonable reader would not consider statements on an Internet message board as facts); MMG Ins. With locations from Maine to Virginia, give us a call today to set up your home … . 2015) (citing Avocent Huntsville Corp. v. Aten Int'l Co., 552 F.3d 1324, 1328-29 (Fed. In most cases, however, a court should conduct a "rigorous analysis" when determining whether to certify a class and may need to "delve beyond the pleadings to determine whether the requirements . P. 12(b)(2), which permits a party to move to dismiss a case for lack of personal jurisdiction. Third, if the first two requirements are met, the exercise of jurisdiction must "otherwise comport with fair play and substantial justice." 2003))). The Notice also explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. charge Petro ceiling plan customers the top of the ceiling price per gallon on a regular basis." PO Box 91135 Petro Home Services. Turner v. Alpine Sch. 2007) (internal quotation marks omitted). Donnenfeld refers to the three Defendant entities collectively as Petro. . Importantly, Plaintiff make this factual allegation in his brief not in his Complaint or through producing an authentic document relied upon in the Complaint. www.petro.com. Fowler v. UPMC Shadyside, 578 F.3d 203, 210-211 (3d Cir. This means that in exchange for being a Settlement Class Member and being eligible for the benefits of the Settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against Petro, Inc., d/b/a Petro Home Services and/or any of the Released Parties that involves the same legal Claims as those resolved through this Settlement. Defendants subsequently filed the current motion. Finally, Defendants posit that discovery should be stayed while this motion remains pending. Id. ¶¶ 11-13. This analysis depends upon "the relationship among the defendant, the forum, and the litigation." 2011) (internal citations omitted). Request Information (1 of 3) The State of Utah requests approval for a Medicaid home and community-based services (HCBS) waiver under the authority of §1915(c) of the Social Security Act (the Act). Plaintiff also argues that this Court has general jurisdiction over Defendants through the theory of consent through registration. On November 7, 2019 the Disability Law Center filed a lawsuit on behalf of a blind student with Autism was brutally assaulted by a school bus driver, in multiple incidents, over the course of several days. This paragraph constitutes a waiver of, without limitation as to any other applicable law, Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. In addition, jurisdiction should be separately analyzed for each defendant. at 761 n.19. ¶ 4. Compl. This member page is not available. c/o JND Legal Administration Eastern District of New York at 761 n.19. Id. The Opt-Out request must be postmarked to the Settlement Administrator by March 3, 2020. … 31 check-ins. See Schmidt v. Soklas, 770 F.3d 241, 249 (3d Cir. The Final Approval Order shall further provide for and effect the release of all actions, causes of action, claims, administrative claims, demands, debts, damages, costs, attorneys’ fees, obligations, judgments, expenses, compensation, or liabilities, in law or in equity, whether now known or unknown, suspect or unsuspected, contingent or absolute, whether existing now or arising in the future, whether asserted or that could or might have been asserted, that Releasing Parties now have or may have against the Released Parties by reason of any act, omission, harm, matter, cause, or event whatsoever arising out of the initiation, prosecution, or settlement of the Action or the claims and defenses asserted in, or could have been asserted in, the Action. Petro Home Services. Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 623 F.3d 147, 157 (3d Cir. Charged $3.49/ gal when competitors were down to 2.49- 2.79. ¶ 4. M. NORMAN DONNEFELD, Plaintiff, represented by RANDEE M. MATLOFF , NAGEL RICE, LLP. Without delving into the specific requirements for each count of the Complaint, the Court will address the overarching deficiencies with Plaintiff's pleading. § 1332 Diversity - Fraud Seattle, WA 98111, Bruce H. Nagel, Esq. For example, the Court does not know whether the persons who posted did so at the request of a competitor of Petro. Aug. 20, 2015) (finding no general jurisdiction over corporation that leased two office spaces in New Jersey and had a small percentage of New Jersey employees); Finn v. Great Plains Lending, LLC, No. But that is not the purpose for which Donnenfeld cites to them in the Complaint. Summary: David Petro's birthday is 09/23/1967 and is 53 years old. Petro Home Services. Compl. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. As a result, the Court cannot not determine whether it has specific jurisdiction over any of the Defendants. M. NORMAN DONNENFELD, on behalf of himself and all others similarly situated, Plaintiff, . Donnenfeld argues that striking the class allegations is premature. Finally, Donnenfeld relies heavily on "Internet research," which consists of nothing more than unsubstantiated complaints from customers in the tristate area. at 8. ¶ 16. Id. O'Connor, 496 F.3d at 317. ¶ 16. Marten v. Godwin, 499 F.3d 290, 296 (3d Cir. Al-Ghena Int'l Corp. v. Radwan, 957 F.Supp.2d 511, 531 (D.N.J. at 29. These services are an integral part of our business and are intended to maximize customer satisfaction and loyalty. Each Class Member who timely submits a valid Claim Form for each account with Petro will be eligible to receive a Cash Benefit, to be determined using Petro's business records. Id. 100 Federal Plaza In addition, the named Class Representative in this case may apply to the Court for a Named Plaintiff Service Award in an amount to be determined by the Court as compensation for his efforts in bringing this action and achieving the benefits of the Settlement on behalf of the Settlement Class. June 5, 2015)). The Releasing Parties acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of this release, but that it is their intention to finally and forever settle and release the Released Claims that may have. You may also contact Class Counsel with any questions. (845) 875-2400 (internal quotation marks omitted). Id. Defs' Br. For the reasons stated below, Defendants' motion is GRANTED in part and DENIED in part as moot. charge Petro ceiling plan customers the top of the ceiling price per gallon on a regular basis." As such, a court must consider three factors when deciding whether specific jurisdiction exists as to a particular defendant. Compl. If you fall within the definition of a Class Member set forth above, you may object to the settlement. The terms of Donnenfeld's ceiling price contract were memorialized in a letter from Perna, which provided that the price per gallon upon delivery would vary based on the market but would not exceed $2.899. 2013) (quoting Lexington Ins. If your lawyer intends to appear at the Fairness Hearing, your lawyer must file and serve a notice of appearance with the Clerk of the Court. About See All (888) 735-5651. Dist., Utah State Board of Education, et al. 2:17-cv-2310-SIL; (b) your name, address, email, telephone number, and signature; (c) a statement of the nature of the objection, and the reasons and grounds for the objection; (d) copies of any papers you intend to present to the Court in support of the objection at the Fairness Hearing; (e) a statement of whether you intend to appear at the Final Approval Hearing, and, if you do intend to appear at the Final Approval Hearing through hired counsel, then the identity of all attorneys representing you who will appear at the Final Approval Hearing; (f) a list of all persons who will be called to testify in support of the objection, if any; (g) a statement of your membership in the Settlement Class, including all the information required by the Claim Form; and (h) a detailed list of any other objections that you or your counsel have submitted in any state or federal court during the previous five (5) years. United States District Court, D. New Jersey. Co. v. Forrest, 354 F.Supp.2d 549, 551 (E.D. We conduct our business through an operating subsidiary, Petro Holdings, Inc., and its subsidiaries, utilizing over 30 local brand names such as Petro Heating & Air Conditioning Services … 2007) (internal quotation marks omitted). Plf's Br. may be so substantial and of such nature as to render the corporation at home in that State." Donnenfeld's remaining factual allegations do not cure the Complaint's plausibility deficiency. 2016). 3d ___, 2016 WL 5172816, at *5 (E.D. The Complaint is dismissed without prejudice to allow Plaintiff an opportunity to file an amended complaint. New York, NY 10036. First, the defendant must have "purposefully directed [its] activities at the forum." By filing an Objection, you consent to the jurisdiction of the Court, including to any order of the Court to produce documents or provide testimony prior to the Final Approval Hearing. He was born October 26, 1968 to Bob and Gloria Ann Otterstrom Petro. M. NORMAN DONNEFELD, Plaintiff, represented by, PETRO HOME SERVICES, Defendant, represented by, PETRO HOLDINGS, INC., Defendant, represented by. . The Calculated Total Benefit Amount is the sum, across all oil deliveries during the Class Period where the Class Member was enrolled in a Petro Ceiling Plan Agreement, of the Calculated Delivery Benefit Amount. In the alternative, Donnenfeld argues that the Court should transfer this matter to New York if it determines that personal jurisdiction is lacking. Your objection must be filed with the Court and mailed so that it is postmarked no later than March 3, 2020. § 1332 I apologize for the miscommunication we have experienced. Under the fixed plan, "[t]he oil price remains the same for every delivery, for every gallon throughout the year, regardless of market conditions." 19, 21. 3 The defendant, Petro is in the business of fuel oil supply and delivery and services furnaces and heating units. Please be patient as this may take months or even years in the event of an appeal. Citations are also linked in the body of the Featured Case. See BBB rating, reviews, complaints, request a quote & more. Donnenfeld counters that this Court has both general and specific personal jurisdiction over Defendants. Id. ., Petro delivered oil to Donnenfeld at $2.899" for each delivery. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). IMO Indus., Inc. v. Kiekert AG, 155 F.3d 254, 259 (3d Cir. Class Members entitled to receive a cash benefit under the settlement include all persons in the United States who, between August 1, 2013 and September 30, 2016, had a Ceiling Price Agreement with Petro. 2011) (quoting Clark v. McDonald's Corp., 213 F.R.D. 2010) (stating that jurisdiction discovery is appropriate only "[i]f the plaintiff presents factual allegations that suggest `with reasonable particularity' the possible existence of the requisite contacts" (quoting Toys "R" Us, Inc. v. Step Two, S.A., 318 F.3d 446, 455 (3d Cir. 275, 283-84 (D.N.J. You must also send a copy of your Objection to the Settlement Administrator, Class Counsel, and Defendant’s counsel: Clerk of the United States District Court You must submit your Claim Form online or by mail before April 2, 2020. If Plaintiff can track down the persons posting, and if they are real, then Plaintiff has a good starting point to determine whether others were treated by Defendants in the same manner and under similar circumstances as Plaintiff claims he was treated. ¶ 28. 3d at 469 (concluding that "designation of an in-state agent for service of process in accordance with a state registration statute may constitute consent to personal jurisdiction"); see also Bors v. Johnson & Johnson, ___ F. Supp. (internal quotation marks omitted). 14-4532, 2015 WL 9304541, at *8 (D.N.J. ¶ 25. Id. Under the ceiling price plan "the price [of oil] will trend up or down based on market conditions at the time each delivery is made but will never exceed a set limit." Id. Please click here to continue. Id. 1. 15-4658, 2016 WL 705242, at *3 (E.D. As a result, jurisdictional discovery is not appropriate at this time. Without limiting the foregoing, the release specifically extends to claims that the Releasing Parties do not know or suspect to exist in their favor at the time that the Settlement, and the release contained herein, becomes effective. They feel they can just ignore us and the problem will go away. Donnenfeld, however, does not allege that any of the Defendants are registered to do business in New Jersey or have a registered agent for service within the state. Marty Allen Petro. Pa. Feb. 23, 2016) (concluding that presence of P.O. O'Connor v. Sandy Lane Hotel Co., 496 F.3d 312, 316 (3d Cir. The Complaint, however, does not indicate who the affiliate is, how that company is actually affiliated with any of the Defendants, the terms of her contract, or any other details that the Court can reasonably use to determine that the affiliate's actions should be considered against Defendants. He grew up in Layton, Utah, graduated from Layton High School in 1986, made the move to Boise, Idaho and has called that home since 1990. If you or your counsel have not objected to any other class action during the previous five (5) years, then you shall affirmatively state so in the objection. Id. The Court concludes that this matter should be dismissed without prejudice based on the personal jurisdiction question and the failure to plausibly plead a claim. Personal jurisdiction may be established by means of general jurisdiction or specific jurisdiction over a defendant. PETRO, INC., Defendant, represented by JOHN D. TORTORELLA , MARINO, TORTORELLA & BOYLE, P.C. ¶ 11. Instead, Plaintiff cites to the internet postings as substantive evidence of Defendants' wrongdoing. The company’s records show that sometime between August 1, 2013 and September 30, 2016, you had a Ceiling Price Agreement (as defined in the Settlement Agreement) for heating oil or services with Petro Inc., d/b/a Petro Home Services (“Petro” or the “Defendant”).

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