MORT et al v. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES et al Featured Case
Plaintiff: ELIZABETH MORT and ALEX RODRIGUEZ
Defendant: LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE and JAMESON HEALTH SYSTEM
Case Number: 2:2010cv01438
Filed: October 28, 2010
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Lawrence
Presiding Judge: David S. Cercone
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 22, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2011 Filing 65 ANSWER to 58 Amended Complaint, by JAMESON HEALTH SYSTEM, INC.. (Kabbert, Richard)
December 15, 2011 Opinion or Order ORDER - the Conciliation Conference set for 12/19/2011 at 10:00 AM is rescheduled to commence at 10:30 AM in Courtroom 7A before Judge David S. Cercone. Signed by Judge David S. Cercone on 12/15/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
December 6, 2011 Filing 64 ANSWER to 58 Amended Complaint, and Affirmative Defenses by SANDY COPPER, JANE GAJDA, LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Jones, Marie)
December 5, 2011 Opinion or Order Filing 63 ORDER granting 62 the County Defendants' Motion to Continue Conciliation Conference. The conciliation conference currently set for December 9, 2011, is rescheduled to December 19, 2011, at 10:00 a.m. in Courtroom 7A. The parties shall appear as set forth in 57 the Order of November 8, 2011. Signed by Judge David S. Cercone on 12/5/11. (mwm)
November 29, 2011 Filing 62 MOTION to Continue Conciliation Conference by SANDY COPPER, JANE GAJDA, LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Attachments: # 1 Proposed Order) (Jones, Marie)
November 21, 2011 Set Deadlines: Defendant Pretrial Statement due by 4/20/2012. (ksa)
November 17, 2011 Opinion or Order Filing 61 ORDER granting 55 Motion to Extend Deadline for Discovery. Discovery due by 2/20/2012. Plaintiffs' Pretrial Statement due by 3/21/2012. Defendants' Pretrial Statement due by 4/20/2012. Pretrial Stipulation due by 5/4/2012. Motions for Summary Judgment due by 6/4/2012. Signed by Judge David S. Cercone on 11/16/11. (njt) Modified on 11/17/2011 to correct typo. (njt)
November 17, 2011 Opinion or Order Filing 60 ORDER granting 59 Stipulation for Extension of Time to Answer. Answer of JANE GAJDA and SANDY COPPER due by 12/12/11. Signed by Judge David S. Cercone on 11/16/11. (njt)
November 14, 2011 Filing 59 Stipulation for Extension of Time to Answer by ELIZABETH MORT, ALEX RODRIGUEZ. Answer due from SANDY COPPER on 12/12/2011; JANE GAJDA on 12/12/2011. (Dodge, Patricia)
November 10, 2011 Filing 58 Second AMENDED COMPLAINT against JANE GAJDA, SANDY COPPER, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, LAWRENCE COUNTY, CHRISSY MONTAGUE, JAMESSON HEALTH SYSTEM, INC. filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachment: # 1 Exhibit) (Dodge, Patricia) Modified on 11/14/2011. (jsp)
November 8, 2011 Opinion or Order Filing 57 ORDER setting Settlement Conference for 12/9/2011 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Signed by Judge David S. Cercone on 11/8/11. (mwm)
November 8, 2011 Opinion or Order Filing 56 ORDER granting 51 Plaintiffs' Motion for Leave to File Amended Complaint. Plaintiffs shall file their amended complaint without undue delay. Signed by Judge David S. Cercone on 11/8/11. (mwm)
November 7, 2011 Filing 55 MOTION for Extension of Time to Complete Discovery by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Proposed Order) (Dodge, Patricia)
October 31, 2011 Filing 54 REPLY BRIEF by ELIZABETH MORT, ALEX RODRIGUEZ re 51 Motion for Leave to File Second Amended Complaint filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Dodge, Patricia)
October 28, 2011 Filing 53 BRIEF in Opposition re 51 Motion for Leave to File Second Amended Complaint filed by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Jones, Marie)
October 24, 2011 Filing 52 BRIEF in Support re 51 Motion for Leave to File Second Amended Complaint filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Dodge, Patricia)
October 24, 2011 Filing 51 MOTION for Leave to File Second Amended Complaint by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Dodge, Patricia)
October 10, 2011 Filing 50 ANSWER to 11 Amended Complaint by JAMESON HEALTH SYSTEM, INC. (Kabbert, Richard)
October 10, 2011 Filing 49 ANSWER to 11 Amended Complaint and Affirmative Defenses by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Jones, Marie)
September 20, 2011 Opinion or Order Filing 48 ORDER granting 47 Motion for Leave to Withdraw Appearance. Attorney Quinn A. Johnson terminated. Signed by Judge David S. Cercone on 9/20/11. (njt)
September 15, 2011 Filing 47 MOTION to Withdraw as Attorney the appearance of Quinn A. Johnson by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Proposed Order) (Oliver, Antoinette)
August 31, 2011 Opinion or Order Filing 46 ORDER denying 40 defendants' Motion to Stay. Signed by Judge David S. Cercone on 8/31/11. (mwm)
August 31, 2011 Opinion or Order Filing 45 ORDER granting in part and denying in part 17 Jameson Health System's Motion to Dismiss. Count III is dismissed and Count VI is dismissed without prejudice. The motion is denied in all other aspects. AND FURTHER ORDERING that 24 Lawrence County, Lawrence County Children and Youth Services and Chrissy Montague's Motion to Dismiss is denied. Signed by Judge David S. Cercone on 8/31/11. (mwm)
August 31, 2011 Opinion or Order Filing 44 OPINION resolving 17 and 24 defendants' motions to dismiss. Signed by Judge David S. Cercone on 8/31/11. (mwm)
August 3, 2011 Opinion or Order Filing 43 ORDER granting 42 Motion for Extension of Discovery and Pretrial Deadlines. The parties shaqll move to amend the pleadings or add new parties by 10/22/2011. Discovery due by 11/22/2011. Plaintiffs' Pretrial Statement due by 12/23/2011. Defendants' Pretrial Statement due by 1/22/2012. Pretrial Stipulation due by 2/4/2012. Motions for Summary Judgment due by 3/6/2012. Signed by Judge David S. Cercone on 8/2/11. (njt) Modified on 8/4/2011 to add additional docket text. (ksa)
July 25, 2011 Filing 42 MOTION for Extension of Time to Complete Discovery by JAMESON HEALTH SYSTEM, INC. (Attachments: # 1 Proposed Order) (Kabbert, Richard)
May 16, 2011 Filing 41 RESPONSE IN OPPOSITION to 40 Motion to Stay, filed by ELIZABETH MORT. (Johnson, Quinn)
May 5, 2011 Filing 40 MOTION to Stay by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Attachments: # 1 Proposed Order) (Jones, Marie)
April 13, 2011 Filing 39 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 4/12/2011. (Hornak, Mark)
March 10, 2011 Filing 38 Notice of Initial ADR Conference by ELIZABETH MORT, ALEX RODRIGUEZ. Initial ADR Conference Date 04/12/11 at 10:00 am. One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219 (Dodge, Patricia)
March 1, 2011 Filing 37 Disclosure Statement identifying None as corporate parent or other affiliate, by JAMESON HEALTH SYSTEM, INC. (Kabbert, Richard)
February 25, 2011 Opinion or Order Filing 36 ORDER REFERRING CASE to Mediation. Mark Hornak is appointed as the mediator. Mediation shall be conducted by 4/25/11. The report of mediator shall be electronically filed within 7 days of the mediation conference. Patricia L. Dodge is designated as lead counsel. MARK HORNAK is added. Signed by Judge David S. Cercone on 2/25/11. (kak)
February 25, 2011 Opinion or Order Filing 35 CASE MANAGEMENT ORDER: Post Discovery Status Conference to be scheduled upon motion of the parties. The parties shall move to amend pleadings or add new parties by 6/24/11. Discovery ends 7/25/11. Plaintiff's Pretrial Statement due by 8/25/11. Defendants' Pretrial Statement due by 9/26/11. Pretrial Stipulation due by 10/7/11. Motions for Summary Judgment due by 11/7/11. Signed by Judge David S. Cercone on 2/25/11. (kak)
February 24, 2011 Filing 34 Minute Entry for proceedings held before Judge David S. Cercone: Case Management Conference held on 2/24/2011. The Court confirmed with counsel that all prerequisites for the ADR process have been completed. Parties to engage in mediation on or before April 25, 2011. Jury trial CMO with 150 days of discovery to follow. (Court Reporter: None) (mwm)
February 24, 2011 Filing 33 NOTICE of Appearance by Jeffrey Cohen on behalf of LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Cohen, Jeffrey)
February 23, 2011 Filing 32 BRIEF in Opposition re 24 Motion to Dismiss of Lawrence County Children and Youth Services, Lawrence County and Chrissy Montague filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Dodge, Patricia)
February 23, 2011 Filing 31 BRIEF in Opposition re 17 Motion to Dismiss of Jameson Health System, Inc. filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Dodge, Patricia)
February 9, 2011 Filing 30 STIPULATION selecting ADR process by JAMESON HEALTH SYSTEM, INC., LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE, ELIZABETH MORT, ALEX RODRIGUEZ (Jones, Marie)
February 9, 2011 Filing 29 REPORT of Rule 26(f) Planning Meeting. (Jones, Marie)
January 27, 2011 Opinion or Order Filing 28 ORDER granting 27 Consent Motion to Extend Plaintiffs' Deadlines to File Responses to Defendants' Motions to Dismiss Amended Complaint. Plaintiffs' Responses to 17 MOTION to Dismiss and 24 MOTION to Dismiss due by 2/23/2011. Signed by Judge David S. Cercone on 1/26/11. (njt)
January 24, 2011 CLERK'S OFFICE QUALITY CONTROL MESSAGE re 27 Motion for Extension of Time to File Response/Reply. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate documents. This message is for informational purposes only. (ksa)
January 21, 2011 Filing 27 Consent MOTION for Extension of Time to File Response/Reply to Defendants' 17 and 24 Motions to Dismiss the Amended Complaint by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Proposed Order) (Oliver, Antoinette) Modified on 1/24/2011 document linkage corrected. Document linked to documents 17 & 24 . (ksa)
January 19, 2011 Opinion or Order Filing 26 ORDER Response/Briefing Schedule re 24 defendants LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, LAWRENCE COUNTY, and CHRISSY MONTAGUE Motion to Dismiss. Plaintiffs' Response and Brief in Opposition due by 2/16/2011. Signed by Judge David S. Cercone on 1/19/11. (njt)
January 17, 2011 Filing 25 BRIEF in Support re 24 Motion to Dismiss filed by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Jones, Marie)
January 17, 2011 Filing 24 MOTION to Dismiss re 11 Amended Complaint by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Attachments: # 1 Proposed Order) (Jones, Marie)
January 4, 2011 Opinion or Order Filing 23 ORDER approving 16 STIPULATION. Defendants LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE and LAWRENCE COUNTY answer to amended complaint due by 1/17/11. Signed by Judge David S. Cercone on 1/3/11. (njt)
January 4, 2011 Update Answer Deadline: Answer due from LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, and CHRISSY MONTAGUE on 1/17/2011. Text-only entry; no PDF document to issue. This text-only entry constitutes the Court's order or notice on this matter. (njt)
January 3, 2011 Filing 22 Errata re 18 Brief in Support of Motion to Dismiss Amended Complaint by JAMESON HEALTH SYSTEM, INC. Reason for Correction: Signature on document and filer do not match. (Kabbert, Richard)
January 3, 2011 Filing 21 Errata re 19 Proposed Order, 17 Motion to Dismiss Amended Complaint by JAMESON HEALTH SYSTEM, INC. Reason for Correction: signature on document and filer do not match. (Attachments: # 1 Proposed Order) (Kabbert, Richard)
January 3, 2011 Opinion or Order Filing 20 ORDER Response/Briefing Schedule re 17 defendant JAMESON HEALTH SYSTEM Motion to Dismiss. Plaintiffs' Response and Brief in Opposition due by 1/31/2011. Signed by Judge David S. Cercone on 1/3/11. (njt)
January 3, 2011 CLERK'S OFFICE QUALITY CONTROL MESSAGE re 17 Motion to Dismiss. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ksa)
January 3, 2011 CLERK'S OFFICE QUALITY CONTROL MESSAGE re 18 Brief in Support of Motion. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ksa)
December 30, 2010 Filing 19 Proposed Order re 17 Motion to Dismiss Pursuant to Rule 12(b)(6) by JAMESON HEALTH SYSTEM, INC. (Kabbert, Richard)
December 30, 2010 Filing 18 BRIEF in Support re 17 Motion to Dismiss filed by JAMESON HEALTH SYSTEM, INC. (Kabbert, Richard)
December 30, 2010 Filing 17 MOTION to Dismiss 11 Amended Complaint Pursuant to Rule 12(b)(6) by JAMESON HEALTH SYSTEM, INC. (Kabbert, Richard) Modified on 1/3/2011 document linkage corrected. Document linked to document 11 . (ksa)
December 29, 2010 Filing 16 STIPULATION by LAWRENCE COUNTY, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE, ELIZABETH MORT, ALEX RODRIGUEZ. (Jones, Marie)
December 21, 2010 Update Answer Deadline: Answer due from LAWRENCE COUNTY on 2/7/2011. (ksa)
December 17, 2010 Filing 15 WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. LAWRENCE COUNTY waiver sent on 12/9/2010, answer due 2/7/2011. (Dodge, Patricia) Modified on 12/21/2010 to indicate correct date waiver sent and answer due. (ksa)
December 16, 2010 Opinion or Order Filing 14 ORDER scheduling Initial Case Management Conference for 2/24/11 at 11:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 1/27/11. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 2/10/11. Signed by Judge David S. Cercone on 12/16/10. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt)
December 15, 2010 Filing 13 NOTICE of Appearance by Marie Milie Jones on behalf of LAWRENCE COUNTY. (Jones, Marie)
December 3, 2010 Filing 12 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (njt)
December 3, 2010 Summons Issued as to *LAWRENCE COUNTY* (gmp)
December 1, 2010 Filing 11 AMENDED COMPLAINT against All Defendants, filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Exhibit A, # 2 Summons) (Dodge, Patricia) Modified on 12/2/2010 to correct typo. (ksa)
November 23, 2010 Filing 10 WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. CHRISSY MONTAGUE waiver sent on 11/4/2010, answer due 1/3/2011. (Dodge, Patricia)
November 23, 2010 Filing 9 WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES waiver sent on 11/4/2010, answer due 1/3/2011. (Dodge, Patricia)
November 19, 2010 Filing 8 NOTICE of Appearance by Marie Milie Jones on behalf of LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE. (Jones, Marie)
November 11, 2010 Filing 7 NOTICE of Appearance by Richard J. Kabbert on behalf of JAMESON HEALTH SYSTEM. (Kabbert, Richard)
November 11, 2010 Filing 6 NOTICE of Appearance by John C. Conti on behalf of JAMESON HEALTH SYSTEM. (Conti, John)
November 11, 2010 Filing 5 WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. JAMESON HEALTH SYSTEM waiver sent on 11/4/2010, answer due 1/3/2011. (Dodge, Patricia)
November 1, 2010 Filing 4 NOTICE of Appearance by Antoinette C. Oliver on behalf of ELIZABETH MORT, ALEX RODRIGUEZ. (Oliver, Antoinette)
November 1, 2010 Filing 3 NOTICE of Appearance by Quinn A. Johnson on behalf of ELIZABETH MORT, ALEX RODRIGUEZ. (Johnson, Quinn)
October 29, 2010 Filing 2 NOTICE of Appearance by Sara Rose on behalf of ELIZABETH MORT, ALEX RODRIGUEZ. (Rose, Sara)
October 28, 2010 Filing 1 COMPLAINT against JAMESON HEALTH SYSTEM, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE (Filing fee $350, receipt number 0315-1765213), filed by ELIZABETH MORT, ALEX RODRIGUEZ. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons for Lawrence County Children and Youth Services, # 4 Summons for Chrissy Montague, # 5 Summons for Jameson Health System) (ksa)
October 28, 2010 Summons Issued as to *JAMESON HEALTH SYSTEM, LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES, CHRISSY MONTAGUE* (ksa)

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Plaintiff: ELIZABETH MORT
Represented By: Patricia L. Dodge
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Plaintiff: ALEX RODRIGUEZ
Represented By: Patricia L. Dodge
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Defendant: LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES
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Defendant: CHRISSY MONTAGUE
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Defendant: JAMESON HEALTH SYSTEM
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