Guessford v. Douglas et al
| Jonathan B. Guessford |
| Corporal Stephen Douglas, Trooper Nicholas Gallo, Master Corporal Alfonso Jones and Master Corporal Raiford Box |
| 1:2023cv00185 |
| February 17, 2023 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Mark A Kearney |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 38 NOTICE of partially redacted Motion to enforce (D.I. #28 ). (mpb) |
Filing 37
ORDER, the Clerk of Court shall maintain the seal on Plaintiff's Motion (D.I. #28 ) until March 29, 2024 unless further extended by Order upon a showing of continued particularized harm and file the reacted Motion (D.I. 36-1) docketed as a "Notice of partially redacted Motion to enforce (D.I. #28 )." Signed by Judge Mark A. Kearney on 9/12/2023. (mpb) (Main Document 37 replaced on 9/12/2023) (mpb).
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| Filing 36 RESPONSE to Order re #35 Order,, . (Attachments: #1 Exhibit A)(Picollelli, Nicholas) |
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Filing 35
ORDER, we grant Defendants leave to, by no later than September 11, 2023, file a supplemental Memorandum describing a basis for a line by line redaction of challenged disclosures not exceeding five pages and attaching a proposed version of the Plaintiff's Motion (D.I. #28 ) redacting only those matters not already publicly disclosed and for which the parties can demonstrate particularized harm from disclosure regarding public officials or we will lift the seal on Plaintiffs Motion to enforce (D.I. #28 ). Signed by Judge Mark A. Kearney on 9/6/2023. (twk)
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| Filing 34 RESPONSE to Order re #29 Order,,, Set Deadlines,, filed by Raiford Box, Stephen Douglas, Nicholas Gallo. (Picollelli, Nicholas) |
| Filing 33 RESPONSE to Order re #29 Order,,, Set Deadlines,, #32 Order,,, Terminated Case,,, Terminate Motions,, . (Poliquin, Ronald) |
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Filing 32
ORDER: We DENY Plaintiff's Motion to enforce the settlement agreement (D.I. #28 ) as moot. The Clerk of Court shall close the case. The entry of judgment under Rule 68 does not excuse the parties' obligations to show cause as to why we should not direct the Clerk of Court lift the seal on Plaintiff's Motion to enforce (D.I. #28 ) as detailed in our August 30, 2023 Order (D.I. #29 ) requiring we will direct the Clerk of Court to lift the seal on the Motion to enforce absent timely memoranda explaining why we should not do so under our August 30, 2023 Order. Signed by Judge Mark A. Kearney on 9/1/2023. (apk)
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| Filing 31 JUDGMENT in favor of Jonathan B. Guessford against Nicholas Gallo, Raiford Box, Stephen Douglas in the amount of 50,000. Signed by Judge Mark A. Kearney on 9/1/2023. (apk) |
| Filing 30 NOTICE of Notice of Acceptance of Offer of $50,000.00 Judgement Against Defendants by Jonathan B. Guessford (Attachments: #1 Exhibit offer of Judgment, #2 Verification Verification of Service)(Poliquin, Ronald) |
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Filing 29
ORDER, We grant the parties leave to show cause in Memoranda not exceeding seven pages filed on or before September 5, 2023 as to why we should not forthwith lift the seal on the Plaintiff's Motion (D.I. #28 ) consistent with In re Avandia Marketing and Chief Judge Connolly's analysis incorporating in large part Special Master Smolla's reasoning in In re Storag etzel GmbH. We grant Defendants leave to respond to the Motion (D.I. #28 ) on the public record compliant with our Policies by no later than September 6, 2023 mindful of the parties' obligations under our June 20, 2023 Order (D.I. #15 ). (Response deadline set for 9/6/2023., Show Cause Response due by 9/5/2023) Signed by Judge Mark A. Kearney on 8/30/2023. (apk)
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| Filing 28 [SEALED] SEALED MOTION for Settlement - filed by Jonathan B. Guessford. (Attachments: #1 Exhibit Exhibit 1, #2 Notice of Motion, #3 Certificate of Service, #4 Text of Proposed Order)(Poliquin, Ronald) |
| Filing 27 RE-NOTICE to Take Deposition of Plaintiff Jonathan B. Guessford on August 28, 2023 - filed by Raiford Box, Stephen Douglas, Nicholas Gallo. (Picollelli, Nicholas) Modified on 8/21/2023 (smg). |
| Filing 26 OFFER OF JUDGMENT by Raiford Box, Stephen Douglas, Nicholas Gallo . (Picollelli, Nicholas) |
| CORRECTING ENTRY: Motion previously filed in error (D.I. #27 ) has been terminated and recoded to reflect the filing as a notice. (smg) |
| Filing 25 NOTICE to Take Deposition of Christopher Popp on August 25, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald) |
| Filing 24 CERTIFICATE OF SERVICE of Plaintiff's Response to Defendants First Set of Interrogatories and First Request for Production of Documents by Jonathan B. Guessford re #16 Notice of Service, (Poliquin, Ronald) |
| Filing 23 Letter to The Honorable Mark A. Kearney from Nicholas D. Picollelli, Jr. regarding Mediation Scheduling - re #15 Scheduling Order,,,, Set Hearings,,,. (Picollelli, Nicholas) |
| Filing 22 NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories Directed to Defendants filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
| Filing 21 NOTICE to Take Deposition of Raiford Box on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald) |
| Filing 20 NOTICE to Take Deposition of Stephen Douglas on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald) |
| Filing 19 NOTICE to Take Deposition of Nicholas Gallo on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald) |
| CORRECTING ENTRY: D.I. 19-21 removed per request of Counsel due to typo in the wording and will be re-filed. (twk) |
| Filing 18 NOTICE OF SERVICE of Defendants Objections and Responses to Plaintiffs First Set of Requests for Production of Documents to Defendants, including DSP000001- DSP000222 and DSP000223-DSP000238 CONFIDENTIAL filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
| Filing 17 NOTICE to Take Deposition of Jonathan B. Guessford on August 22, 2023 at 1:00 p.m. filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
| Filing 16 NOTICE OF SERVICE of Defendants' First Set of Interrogatories Directed to Plaintiff and Defendants' First Request For Production of Documents Directed to Plaintiff filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
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Filing 15
ORDER: Amended Pleadings due by 7/21/2023, Fact Discovery completed by 8/31/2023., Opening Expert Reports due by 8/3/2023, Rebuttal Expert Reports due by 8/29/2023, Reply Expert Reports due by 8/31/2023, Expert Discovery due by 8/31/2023, Dispositive Motions due by 9/12/2023, Motions in Limine due by 10/26/2023, Responses to Motions in Limine due by 11/2/2023, Proposed Pretrial Memorandum due by 10/24/2023, A Final Pretrial Conference is set for 11/13/2023 at 08:45 AM Telephonically before Judge Mark A. Kearney.(Dial-in Number: 888-278-0296; Access Code: 5723096#) Counsel is attached for jury selection followed by a three-day trial beginning on November 15, 2023 at 9:00 A.M. in a Courtroom to be determined in the J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801. (See Order for further details and deadlines) Signed by Judge Mark A. Kearney on 06/20/2023. (smg)
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| Minute Entry for proceedings held before Judge Mark A. Kearney - Initial Pretrial Conference held on 6/20/2023. (mpb) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Poliquin, Ronald) |
| Filing 13 CERTIFICATE OF SERVICE of PLAINTIFFS RULE 26(A) INITIAL DISCLOSURES by Jonathan B. Guessford (Poliquin, Ronald) |
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Filing 12
ORDER, upon considering the parties joint letter (D.I. #11 ) for a two-week extension of all deadlines set forth in our May 19, 2023 Order (D.I. #9 ), and for good cause shown, it is ORDERED we amend the parties' obligations in our May 19, 2023 Order (D.I. #9 ) solely to: We will hold an INITIAL PRETRIAL CONFERENCE by telephone on June 20, 2023 at 8:45 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#). After consulting with all parties, Plaintiff's counsel shall complete and file with the Clerk the required Report of the Rule 26 (f) Meeting incorporating, at a minimum, all the information required in our Form Rule 26(f) Report (found on the Court website with our Policies and Procedures) on or before Thursday, June 15, 2023. All other obligations in our May 19, 2023 Order (D.I. #9 ) shall remain in effect. Signed by Judge Mark A. Kearney on 5/31/2023. (twk)
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| Filing 11 Letter to the Honorable Mark A. Kearney from Nicholas D. Picollelli, Jr. regarding Deadline Extension - re #9 Order,,,,,,,,, Set Hearings,,,,,,,,, Set Deadlines,,,,,,,,. (Picollelli, Nicholas) |
| Filing 10 NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
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Filing 9
ORDER, (1) Counsel and all parties are governed by this Court's Policies and Procedures then in effect at the time of the anticipated steps in the case at www.ded.uscourts.gov; (2) We will hold an INITIAL PRETRIAL CONFERENCE by telephone on June 5, 2023 at 8:45 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#); (3) The parties shall engage in early, ongoing and meaningful discovery planning proportional to the needs of your case including by: preparing the stipulation of undisputed facts for the Court's review at the Initial Pretrial Conference required in our Rule 26(f) report; disclosing insurance coverage; and addressing the need for a F.R.E. 502 Order; (4) The parties shall exchange the required initial disclosures under Fed R. Civ. P. 26(a) and shall produce copies of the identified documents, on or before May 26, 2023; (5.) The discovery period (generally ninety days in a civil rights matter) begins with the Order and the parties shall exchange written discovery requests immediately including focusing pre-conference discovery on information relevant to the most important issues available from the most easily accessible sources; (6) After consulting with all parties, Plaintiff's counsel shall complete and file with the Clerk the required Report of the Rule 26 (f) Meeting incorporating, at a minimum, all the information required in our Form Rule 26(f) Report (found on the Court website with our Policies and Procedures) on of before Thursday, June 1, 2023; (7)Lead trial counsel is required to appear at the conference. If trial counsel is on trial in another matter, an attorney in his or her office who is thoroughly familiar with this case is required to appear at the conference, and will then be designated as lead trial counsel for scheduling purposes; and, (8) Lead trial counsel shall have addressed settlement with all parties and be prepared to discuss status of settlement, including authority from the clients to settle. (A Pretrial Conference is set for 6/5/2023 at 08:45 AM in Telephonically before Judge Mark A. Kearney.) ( Rule 26 Meeting Report due by 6/1/2023.) Signed by Judge Mark A. Kearney on 5/19/2023. (apk)
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| Filing 8 ANSWER to Amended Complaint, re: #3 Amended Complaint with Jury Demand by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas) |
| Filing 7 CERTIFICATE OF SERVICE of Plaintiffs First Request for Production of Documents and First Set of Interrogatories to Defendant by Jonathan B. Guessford (Poliquin, Ronald) |
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Filing 6
ORDER: DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT, designating and assigning the Honorable Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 4/11/2023. (rjb)
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| Case Reassigned to Judge Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb) |
| Filing 5 WAIVER OF SERVICE returned executed by Nicholas Gallo, Stephen Douglas, Raiford Box: For Nicholas Gallo waiver filed on 3/20/2023, answer due 5/19/2023; Stephen Douglas waiver filed on 3/20/2023, answer due 5/19/2023; Raiford Box waiver filed on 3/20/2023, answer due 5/19/2023. (Picollelli, Nicholas) |
| Filing 4 NOTICE of Appearance by Nicholas D Picollelli, Jr on behalf of Raiford Box, Stephen Douglas, Nicholas Gallo (Picollelli, Nicholas) |
| Filing 3 AMENDED COMPLAINT against Stephen Douglas, Nicholas Gallo, Raiford Box - filed by Jonathan B. Guessford. (Attachments: #1 Red lined version)(Poliquin, Ronald) Modified on 3/15/2023 (nms). |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Filing 1 COMPLAINT filed with Jury Demand against Stephen Douglas, Nicholas Gallo, Alfonso Jones ( Filing fee $ 402, receipt number BDEDC-4070105.) - filed by Jonathan B. Guessford. (Attachments: #1 Civil Cover Sheet)(smg) |
| No Summons Issued. (smg) |
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