Daniel Newberg v. Pennsylvania Department of Corrections, et al
| DANIEL NEWBERG |
| CHRISTINE STICKNEY, SCI Phoenix Health Care Provider, JENNIFER FERNANDEZ, SCI Phoenix Health Care Provider, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JAMIE SORBER, Superintendent SCI Phoenix, WELLPATH INC and STEPHEN WIENER, Medical Director SCI Phoenix |
| 25-2479 |
| August 6, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Filing 19 ECF FILER: UNOPPOSED Motion filed by Appellants Jennifer Fernandez and Christine Stickney for Extension of Time to file Opening Brief until/for 30 days or until March 4, 2026. Certificate of Service dated 01/29/2026. Service made by ECF. [25-2479] (HK) [Entered: 01/29/2026 06:04 PM] |
| Filing 18 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 12/23/2025 09:08 AM] |
| Filing 17 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Jennifer Fernandez and Christine Stickney due on or before 02/02/2026. Appendix due on or before 02/02/2026. (SB) [Entered: 12/23/2025 09:06 AM] |
Filing 16
ORDER (ClerkThis appeal will not be submitted to a motions panel for possible dismissal due to a jurisdictional defect at this time. The issue of jurisdiction is referred to the merits panel for consideration after briefing. This order does not represent a finding of jurisdiction in this matter. As in all cases, the panel of this Court that reviews the appeal on its merits will make a final determination of jurisdiction. A briefing schedule will be issued at the appropriate time. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4) & 28(b). (SB) [Entered: 12/23/2025 09:01 AM]
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| Filing 15 ECF FILER: LETTER from Attorney Jason Parris, Esq. for Appellee Daniel Newberg Letter regarding whether this matter is appealable, in response to the Court's Order of August 6, 2025.. Certificate of Service dated 09/03/2025. Service made by ECF. [25-2479] (JP) [Entered: 09/03/2025 03:22 PM] |
| Filing 14 ECF FILER: Response filed by Appellees Wellpath Inc and Stephen Wiener to clerk order and advising that they will not participate in the appeal. Certificate of Service dated 09/03/2025. [25-2479]--[Edited 11/04/2025 by CJG] (BML) [Entered: 09/03/2025 01:06 PM] |
| Filing 13 ECF FILER: LETTER from Attorney Hannah Kogan, Esq. for Appellants Jennifer Fernandez and Christine Stickney in Response to Clerk's Order (ECF 3). Certificate of Service dated 09/03/2025. Service made by ECF. [25-2479] (HK) [Entered: 09/03/2025 09:52 AM] |
| Filing 12 FOLLOW UP LETTER to Samuel H. Foreman, Esq. for Appellees Wellpath Inc and Stephen Wiener and Benjamin M. Lombard, Esq. for Appellees Wellpath Inc and Stephen Wiener requesting the following document(s): Appearance Form on or before 09/12/2025. Disclosure Statement on or before 09/12/2025. (SB) [Entered: 08/29/2025 11:40 AM] |
| Filing 11 ECF FILER: Concise Summary of the Case filed by Appellants Jennifer Fernandez and Christine Stickney. [25-2479] (HK) [Entered: 08/29/2025 10:43 AM] |
| Filing 10 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Jennifer Fernandez and Christine Stickney advising this court that no transcripts are available. [25-2479] (HK) [Entered: 08/27/2025 03:07 PM] |
| Filing 9 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Jennifer Fernandez and Christine Stickney. [25-2479] (HK) [Entered: 08/27/2025 03:05 PM] |
| Filing 8 TEXT ORDER (Clerk) extending the Appellants' deadline to file the entry of appearance, concise summary, information statement and transcript purchase order form to 09/03/2025. (JK) [Entered: 08/12/2025 04:34 PM] |
| Filing 7 TEXT ORDER (Clerk) extending the deadline to respond to the 8/6/2025 Clerk's Order to 09/3/2025 for all parties. (JK) [Entered: 08/12/2025 04:30 PM] |
| Filing 6 ECF FILER: LETTER from Attorney Hannah Kogan, Esq. for Appellants Jennifer Fernandez and Christine Stickney Regarding Non-Participation of Dismissed Parties, Pennsylvania Department of Corrections and Jamie Sorber. Certificate of Service dated 08/08/2025. Service made by ECF. [25-2479] (HK) [Entered: 08/08/2025 10:50 AM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Hannah Kogan on behalf of Appellant(s) Christine Stickney and Jennifer Fernandez. [25-2479] (HK) [Entered: 08/08/2025 10:20 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Jason E. Parris on behalf of Appellee(s) Daniel Newberg. [25-2479] (JP) [Entered: 08/06/2025 04:46 PM] |
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Filing 3
ORDER (Clerk) Appellants seek review of the District Court order entered July 2, 2025. The order on appeal may not be final within the meaning of 28 U.S.C. 1291 and may not otherwise be appealable at this time. Compare Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), with Johnson v. Jones, 515 U.S. 304, 319-20 (1995), and Monteiro v. City of Elizabeth, 436 F.3d 397, 405 (3d Cir. 2006); see also Barton v. Curtis, 497 F.3d 331, 336 (3d Cir. 2007); Doe v. Groody, 361 F.3d 232, 237-38 (3d Cir. 2004); In re Montgomery County, 215 F.3d 367, 373-74 (3d Cir. 2000). All parties must file written responses addressing this issue, with a certificate of service attached, within fourteen (14) days from the date of this order. (SB) [Entered: 08/06/2025 10:51 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 08/06/2025 10:49 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Jennifer Fernandez and Christine Stickney in District Court No. 2:22-cv-00304. (SB) [Entered: 08/06/2025 10:41 AM] |
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