Frederick Stampone, et al v. Brittian Amann, et al
| MARTA JO STAMPONE, Formerly known as Hieshetter (Deceased) and MARTA JO STAMPONE, Formerly known as Hieshetter (Deceased) Dismissed per Clerk order dated |
| DONALD J. TRUMP, PAUL L. MALONEY, WILLIAM BARR, DAVID M. MURKOWSKI, CHRISTOPHER BECKER, ROBERT GORDON, MICHAEL TOMICH, ROBERT CAHILL, HOPICE, TINA FREESE DECKER, SPECTRUM HEALTHCARE SERVICES INC, MARK CAMPBELL, LOU ANDRIOTTI and VISTA SPRINGS SENIOR LIVING |
| MARTA JO STAMPONE, Formerly known as Hieshetter and FREDERICK STAMPONE |
| BRITTIAN AMANN, BENJAMIN AMANN, GRAND RAPIDS FOAM TECHNOLOGIES, JORDAN KRAMER, GRETCHEN WHITMER, STATE OF MICHIGAN, DANA NESSEL, FADWA A. HAMMOUD, CHARLES CLAPP, PAMELA J. CROSS, ANDREW CUOMO, STATE OF NEW YORK, LETITIA JAMES, CRAIG B. THOMPSON, MEMORIAL SLOAN KETTERING CANCER CENTER, CHRIS WINKLE, DEBORAH ROST, SUNRISE SENIOR LIVING INC, DAVE ROBINSON and ROCKFORD POLICE DEPARTMENT |
| 22-2273 |
| July 14, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
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Filing 32
ORDER (Clerk) The foregoing motion is granted insofar as it seeks an extension of time to file a petition for rehearing. Appellant's petition for rehearing must be filed within thirty (30) days of the date of this order. No action will be taken on Appellant's request to proceed in forma pauperis as it is unnecessary. It is noted that Appellant was granted in forma pauperis status on appeal by the Clerk's order dated August 3, 2022. (DW) [Entered: 01/11/2023 03:05 PM]
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| Filing 31 MOTION filed by Appellant Mr. Frederick Stampone to Proceed In Forma Pauperis and for Extension of Time to File Petition for Rehearing. Response due on 01/20/2023. Certificate of Service dated 01/10/2023. Service made by ECF. (DW) [Entered: 01/10/2023 10:05 AM] |
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Filing 30
ORDER (HARDIMAN, RESTREPO and BIBAS, Circuit Judges) This appeal is dismissed for lack of appellate jurisdiction. This Courts jurisdiction is generally confined to appeals from final decisions of the district courts. 28 U.S.C. 1291. A decision is final for purposes of 1291 if it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. S.B. v. KinderCare Learning Ctrs., LLC, 815 F.3d 150, 152 (3d Cir. 2016) (quoting Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 712 (1996)). An order that does not dispose of all claims as to all parties is not an immediately appealable final order unless the District Court expressly directs that judgment be entered as to the decided claims and parties and properly determines that there is no just reason for delay. Fed. R. Civ. P. 54(b); see also Hill v. City of Scranton, 411 F.3d 118, 124 (3d Cir. 2005). Here, the District Court dismissed the complaint as to fewer than all parties to the action. Thus, the District Court has not decided all claims against all parties, nor has it certified the challenged judgment pursuant to Rule 54(b). Accordingly, the order from which appellant appeals is not an immediately appealable final order. In light of our disposition, we need not consider whether we should take summary action or dismiss the appeal under 28 U.S.C. 1915(e)(2). Panel No.: ALD-044. Hardiman, Authoring Judge. (CLW) [Entered: 12/27/2022 11:03 AM]
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Filing 29
ORDER (Clerk) As it appears that Appellants address has recently changed and that he may not have received some of the letters and orders that have been issued in this case, these documents are enclosed for Appellants convenience. Appellant may have 21 days from the date of this Order to file responses regarding these matters. [SEE ORDER FOR FULL TEXT] (SH) [Entered: 11/04/2022 11:50 AM]
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| Filing 28 LETTER from Appellant Mr. Frederick Stampone notifying the Clerk of change of address and requesting forms. Service made on 10/24/2022 by ECF. (DW) [Entered: 10/24/2022 05:01 PM] |
| Filing 27 RETURNED MAIL. U.S. Postal Service returned clerk order [ # 26 ] sent to Appellant Mr. Frederick Stampone. Mail was returned because no explanation was given by the postal service.. The mail is hereby resent to the existing address on file. (DW) [Entered: 10/05/2022 04:23 PM] |
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Filing 26
ORDER (Clerk) On August 3, 2022, the Clerk issued an order noting that Appellant Marta Jo Stampone was deceased and directed the administrator for the estate of Marta Jo Stampone to promptly file a motion to substitute if he or she wished to proceed on behalf of Appellant on appeal. To date, no motion to substitute has been filed. Accordingly, the appeal is hereby dismissed as to Marta Jo Stampone. The appeal will continue as to Appellant Frederick Stampone only. The docket and caption shall be edited to reflect the change. (DW) [Entered: 09/12/2022 01:52 PM]
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| Filing 25 NOTICE OF CHANGE OF ADDRESS for Appellant Frederick Stampone. Certificate of Service dated 09/01/2022. Service made by US mail. (ARR) [Entered: 09/09/2022 05:09 PM] |
| Filing 24 RETURNED MAIL. U.S. Postal Service returned clerk order [ # 13 ] sent to Appellant Mr. Frederick Stampone. Mail was returned because Mail sent out on August 3, 2022 was returned on August 29, 2022 indicating that the appellant is no longer residing at Kent County Correctional Facility. No forwarding address is available. (CLW) [Entered: 08/29/2022 05:24 PM] |
| Filing 23 RETURNED MAIL. U.S. Postal Service returned letter [ # 11 ] sent to Appellant Mr. Frederick Stampone. Mail was returned because Not Deliverable as Addressed; Unable to Forward. No forwarding address is available. (ARR) [Entered: 08/22/2022 05:25 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from David A. Krenkel, Esq. on behalf of Appellee(s) Pamela J. Cross, Benjamin Amann, Brittian Amann, Jordan Kramer, Grand Rapids Foam Technologies. [22-2273] (DAK) [Entered: 08/17/2022 04:55 PM] |
| Filing 21 RETURNED MAIL. U.S. Postal Service returned clerk order [ # 3 ] sent to Appellant Marta Jo Stampone. Mail was returned because receipient Marto Jo Stampone is deceased. Mail marked as: undeliverable as addressed, unable to forward. (DW) [Entered: 08/16/2022 09:34 AM] |
| Filing 20 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Fadwa A. Hammoud, Dana Nessel, Gretchen Whitmer and State of Michigan. [22-2273] (EAG) [Entered: 08/08/2022 01:45 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Erik A. Grill on behalf of Appellee(s) State of Michigan, Gretchen Whitmer, Dana Nessel and Fadwa Hammoud. [22-2273] (EAG) [Entered: 08/08/2022 01:43 PM] |
| Filing 18 FOLLOW UP LETTER to Eric R. Breslin, Esq. for Mark Campbell, Melissa L. Buterbaugh, Esq. for Lou Andriotti and Vista Springs Senior Living, Claudia A. Costa, Esq. for David M. Murkowski, Christopher Becker and Michael Tomich, Ashley L. Costello, Esq. for Gretchen Whitmer, Dana Nessel and Fadwa A. Hammoud, William M. Dellicato, Esq. for Brittian Amann, Benjamin Amann, Grand Rapids Foam Technologies, Jordan Kramer and Pamela J. Cross and Stuart M. Feinblatt, Esq. for State of Michigan, Gretchen Whitmer, Dana Nessel and Fadwa A. Hammoud requesting the following document(s): Appearance Form on or before 08/22/2022. (DW) [Entered: 08/08/2022 08:35 AM] |
| Filing 17 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Sunrise Senior Living Inc. [22-2273] (RV) [Entered: 08/05/2022 10:25 AM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Rafael Vergara, Esq. on behalf of Appellee(s) Chris Winkle, Deborah Rost, and Sunrise Senior Living, LLC (improperly pleaded as Sunrise Senior Living Inc.). [22-2273] (RV) [Entered: 08/05/2022 10:24 AM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Beth S. Rose on behalf of Appellee(s) Police Chief Dave Robinson; Rockford Police Department. [22-2273] (BSR) [Entered: 08/04/2022 04:00 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Oren L. Zeve on behalf of Appellee(s) State of New York, Andrew M. Cuomo, Letitia James. [22-2273] (OLZ) [Entered: 08/04/2022 03:11 PM] |
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Filing 13
ORDER (Clerk) The foregoing motion to proceed in forma pauperis is granted. Appellant is a prisoner and seeks to proceed in forma pauperis on appeal. Appellant is required to pay the full $505.00 fee in installments regardless of the outcome of the appeal. 28 U.S.C. ' 1915 (b). In addition to the jurisdictional issue set forth in the letter of July 18, 2022, the appeal will be submitted to a panel of this court for determination under 28 U.S.C. ' 1915(e)(2) as to whether the appeal will be dismissed as legally frivolous or whether summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 is appropriate. In making this determination, the district court opinion and record will be examined. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. Appellee need not file a response unless directed to do so. The court may reconsider in forma pauperis status at any time. Appellant Frederick Stampone has indicated in his motion to proceed in forma pauperis that Marta Jo Stampone is deceased. If the administrator for the estate of Marta Jo Stampone would like to substitute as an Appellant, the administrator should promptly file a motion to substitute. Otherwise, the appeal will proceed with only Frederick Stampone as Appellant. (DW) [Entered: 08/03/2022 04:54 PM]
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| Filing 12 FOLLOW UP LETTER to Eric R. Breslin, Esq. for Mark Campbell, Melissa L. Buterbaugh, Esq. for Lou Andriotti and Vista Springs Senior Living, Matthew L. Conrad, Esq. for State of New York, Andrew Cuomo and Letitia James, Claudia A. Costa, Esq. for David M. Murkowski, Christopher Becker and Michael Tomich, Ashley L. Costello, Esq. for Gretchen Whitmer, Dana Nessel and Fadwa A. Hammoud, William M. Dellicato, Esq. for Brittian Amann, Benjamin Amann, Grand Rapids Foam Technologies, Jordan Kramer and Pamela J. Cross, Stuart M. Feinblatt, Esq. for State of Michigan, Gretchen Whitmer, Dana Nessel and Fadwa A. Hammoud, Beth S. Rose, Esq. for Dave Robinson and Rockford Police Department and Rafael Vergara, Esq. for Sunrise Senior Living Inc, Chris Winkle and Deborah Rost requesting the following document(s): Appearance Form on or before 08/17/2022. (DW) [Entered: 08/03/2022 09:05 AM] |
| Filing 11 FOLLOW UP LETTER to Mr. Frederick Stampone requesting the following: Payment for the notice of appeal in the amount of $505.00 to be paid in the district court or if you cannot afford to pay the fee, within fourteen (14) days you must file: 1) Motion for Leave to Proceed In Forma Pauperis, 2) affidavit of poverty with addendum (form enclosed), 3) authorization for withdrawal of funds (form enclosed), 4) a prison account statement for the 6 month period prior to the filing of the notice of appeal. If you do not pay the docketing fees or file the Motion for Leave to Proceed In Forma Pauperis with all necessary documents within fourteen (14) days, your case will be dismissed without further notice. 3rd Cir. LAR Misc. 107. (DW) [Entered: 08/03/2022 08:15 AM] |
| Filing 10 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellees Memorial Sloan Kettering Cancer Center and Craig B. Thompson. [22-2273] (EAB) [Entered: 07/29/2022 03:03 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Elizabeth Butler on behalf of Appellee(s) Memorial Sloan Kettering Cancer Center and Craig Thompson, M.D.. [22-2273] (EAB) [Entered: 07/29/2022 03:00 PM] |
| Filing 8 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Mr. Frederick Stampone. (DW) [Entered: 07/27/2022 04:27 PM] |
| Filing 7 MOTION filed by Appellant Mr. Frederick Stampone to Proceed In Forma Pauperis. Response due on 08/08/2022. Certificate of Service dated 07/27/2022. Service made by ECF. (DW) [Entered: 07/27/2022 04:25 PM] |
| Filing 6 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (SH) [Entered: 07/18/2022 11:28 AM] |
| Filing 5 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Charles Clapp. [22-2273] (JSF) [Entered: 07/15/2022 03:44 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Jason S. Feinstein, Esq. on behalf of Appellee(s) Charles Clapp. [22-2273] (JSF) [Entered: 07/15/2022 03:43 PM] |
| Filing 3 OSEI ORDER SENT informing Appellant Mr. Frederick Stampone that a party cannot represent another party in this Court. Appellant's spouse Marta Jo Stampone must personally sign any and all future filings. (DW) [Entered: 07/14/2022 02:42 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (DW) [Entered: 07/14/2022 01:26 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Mr. Frederick Stampone and Marta Jo Stampone in District Court No. 2-20-cv-03874. (DW) [Entered: 07/14/2022 12:22 PM] |
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