T.R. v. DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH et al
| T.R. |
| JANE DOE, STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH, JOHN DOE AND JANE DOE, JOHN DOE, DONALD HAVENS and COUNTY OF DELAWARE, PENNSYLVANIA |
| 2:2013cv02931 |
| May 28, 2013 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Delaware |
| LYNNE A SITARSKI |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 56
ORDER OF USCA THAT THE ORDERS OF THE DISTRICT COURT ENTERED 11/27/13 AND 8/25/14 BE AND THE SAME ARE HEREBY AFFIRMED. (rf, )
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Filing 55
ORDER of USCA as to #53 Notice of Appeal filed by T.R. Re: Ordered and Adjudged by this Court that the orders of the District Court entered 11/27/13 and 8/25/14 be and the same are hereby Affirmed. All of the above in accordance with the Opinion of this Court. The parties shall bear their own costs. (fdc)
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| NOTICE of Docketing Record on Appeal from USCA re #53 Notice of Appeal filed by T.R.. USCA Case Number 14-3987 (om, ) |
| USCA Appeal Fees received $ 505 receipt number PPE108432 re #53 Notice of Appeal filed by T.R. (rf, ) |
| Filing 54 Clerk's Notice to USCA re #53 Notice of Appeal : (rf, ) |
| Filing 53 NOTICE OF APPEAL as to #28 Order (Memorandum and/or Opinion), #52 Order (Memorandum and/or Opinion), by T.R. Copies to Judge, Clerk USCA, Appeals Clerk. (GROSSBERG, LESLEY) Modified on 9/23/2014 (md). |
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Filing 52
ORDER THAT DEFENDANT DELAWARE COUNTY'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 39) IS GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/22/2014. 8/25/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, )
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| Filing 51 MEMORANDUM. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/22/2014. 8/25/2014 ENTERED AND COPIES MAILED AND E-MAILED. (aeg, ) Modified on 8/25/2014 (aeg, ). |
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Filing 50
ORDER THAT THE APPLICATION OF ONA T. WANG, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/21/2014. 8/25/2014 ENTERED AND COPIES MAILED AND E-MAILED AND ECF APPLICATION SENT TO O. WANG. (aeg, ) Modified on 8/25/2014 (aeg, ).
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Filing 49
ORDER THAT THE APPLICATION OF MATTHEW J. MOODY, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/21/2014. 8/25/2014 ENTERED AND COPIES MAILED AND E-MAILED AND ECF APPLICATION SENT TO M. MOODY. (aeg, ) Modified on 8/25/2014 (aeg, ).
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| Filing 48 APPLICATION FOR PRO HAC VICE ADMISSION OF MATTHEW J. MOODY, ESQUIRE ON BEHALF OF PLAINTIFF. SPONSER STATEMENT, CERTIFICATE OF SERVICE. ($40.00 FILING FEE RECEIVED, RECEIPT #106174) (amas) |
| Filing 47 APPLICATION FOR PRO HAC VICE ADMISSION OF ONA T. WANG, ESQUIRE ON BEHALF OF PLAINTIFF. SPONSER STATEMENT, CERTIFICATE OF SERVICE. ($40.00 FILING FEE RECEIVED, RECEIPT #106174) (amas) |
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Filing 46
ORDER FINAL PRETRIAL CONFERENCE SET FOR 9/8/2014 09:30 AM BEFORE MAGISTRATE JUDGE LYNNE A. SITARSKI., MOTION IN LIMINE DUE BY 8/25/2014., PLAINTIFF PRETRIAL MEMO DUE BY 8/25/2014., DEFENDANT PRETRIAL MEMO DUE BY 8/25/2014. JURY TRIAL SHALL COMMENCE ON 9/8/14 AT 10:30AM.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/6/14. 8/7/14 ENTERED AND COPIES EMAILED.(rf, )
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| JURY TRIAL SET FOR 9/8/2014 10:30 AM BEFORE MAGISTRATE JUDGE LYNNE A. SITARSKI. (rf, ) |
| Filing 45 Statement of Disputed or Undisputed Facts in Support of Brief in Opposition to Motion for Summary Judgment by T.R.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(GROSSBERG, LESLEY) |
| Filing 44 RESPONSE in Opposition re #39 MOTION for Summary Judgment filed by T.R.. (GROSSBERG, LESLEY) |
| Set/Reset Deadlines as to #39 MOTION for Summary Judgment . RESPONSES DUE BY 7/11/2014. (ems) |
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Filing 43
ORDER THAT PLAINTIFF'S UNCONTESTED MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 42) IS GRANTED IN PART. PLAINTIFF SHALL FILE ANY OPPOSITION ON OR BEFORE 7/11/2014. NO FURTHER EXTENSIONS WILL BE GRANTED; ETC.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 7/8/2014. 7/8/2014 ENTERED AND COPIES E-MAILED. (ems) (Main Document 43 replaced on 7/8/2014) (nd, ).
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| Filing 42 MOTION for Extension of Time to File Response/Reply for Summary Judgment filed by T.R..Certificate of Service.(GROSSBERG, LESLEY) |
| Filing 41 EXHIBITS in Support of MOTION FOR SUMMARY JUDGMENT by COUNTY OF DELAWARE, PENNSYLVANIA. (nd) (Additional attachment(s) added on 6/23/2014: #1 Exhibit Part 2, #2 Exhibit Exhibit 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6, #6 Exhibit Part 7) (nd, ). |
| Filing 40 Statement of Undisputed Material Facts, in support of Motion for Summary Judgment by COUNTY OF DELAWARE, PENNSYLVANIA. (MCDONOUGH, SUZANNE) |
| Filing 39 MOTION for Summary Judgment filed by COUNTY OF DELAWARE, PENNSYLVANIA.Memorandum of Law, Certificate of Service. (Attachments: #1 Exhibit Index of Exhibits filed via US Mail)(MCDONOUGH, SUZANNE) EHIBITIS FILED IN HARD COPY. |
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Filing 38
ORDER ANY DISPOSITIVE MOTIONS SHALL BE FILED NO LATER THAN 6/20/14. ALL OTHER SCHEDULING ORDER DEADLINES OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 6/3/14. 6/3/14 ENTERED AND COPIES EMAILED.(rf, )
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| Filing 37 Minute Entry for proceedings held before MAGISTRATE JUDGE LYNNE A. SITARSKI: Telephonic Pretrial Conference held on 6/3/14. (rf, ) |
| Filing 36 RESPONSE to Motion re #35 MOTION for Extension of Time to File Dispositive Motion Letter from Plaintiff's counsel regarding defendant's motion filed by T.R.. (GROSSBERG, LESLEY) |
| Filing 35 MOTION for Extension of Time to File Dispositive Motion filed by DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A)(MCDONOUGH, SUZANNE) |
| Filing 34 NOTICE of Appearance by GARY H. LEVIN on behalf of T.R. with Certificate of Service(LEVIN, GARY) |
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Filing 33
STIPULATED CONFIDENTIALITY ORDER. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 12/19/13. 1/9/14 ENTERED AND COPIES EMAILED.(rf, )
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Filing 32
SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 9/8/2014 09:30 A;, DISCOVERY DUE BY 5/30/2014., MOTIONS DUE BY 6/6/2014., MOTION IN LIMINE DUE BY 8/11/2014., PLAINTIFF PRETRIAL MEMO DUE BY 8/11/2014., DEFENDANT PRETRIAL MEMO DUE BY 8/11/2014. JURY TRIAL SET FOR 9/8/14 AT 10:30AM.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 12/6/13. 12/6/13 ENTERED AND COPIES EMAILED.(rf, )
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| Filing 31 Minute Entry for proceedings held before MAGISTRATE JUDGE LYNNE A. SITARSKI: Telephone Rule 16 Conference held on 12/6/13. (rf, ) |
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Filing 30
ORDER THAT TELEPHONE RULE 16 CONFERENCE SET FOR 12/6/2013 01:30 PM AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 12/5/13. 12/6/13 ENTERED AND COPIES EMAILED.(rf, )
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| Filing 29 ANSWER to #22 Amended Complaint by COUNTY OF DELAWARE, PENNSYLVANIA.(MCDONOUGH, SUZANNE) |
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Filing 28
MEMORANDUM AND ORDER THAT MOTION TO DISMISS (DOC. 23) IS GRANTED AS TO THE CLAIMS AGAINST DEFENDANT AKPUNONU IN HIS INDIVIDUAL CAPACITY AND DENIED AS TO THE MONELL CLAIM (COUNT I) AND THE ADA AND RA CLAIM (COUNT II) AGAINST THE COUNTY. DEFEDANTS HAVENS MOTION TO DISMISS (DOC. 24) IS DENIED.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 11/26/13. 11/27/13 ENTERED AND COPIES EMAILED.(rf, )
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| Filing 27 MEMORANDUM AND/OR OPINIONSIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 11/26/13. 11/27/13 ENTERED AND COPIES EMAILED.(rf, ) |
| Filing 26 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by T.R.. (GROSSBERG, LESLEY) |
| Filing 25 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by T.R.. (Attachments: #1 Exhibit A, #2 Exhibit B)(GROSSBERG, LESLEY) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by DONALD HAVENS.Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A)(RAITH, MARK) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STEVE AKPUNONU, COUNTY OF DELAWARE, PENNSYLVANIA.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B)(MCDONOUGH, SUZANNE) |
| Filing 22 AMENDED COMPLAINT against DONALD HAVENS, JANE DOE, JOHN DOE, COUNTY OF DELAWARE, PENNSYLVANIA, STEVE AKPUNONU, filed by T.R.., CERTIFICATE OF SERVICE(rf, ) |
| 1 Summons Issued as to COUNTY OF DELAWARE, PENNSYLVANIA forwarded to Plaintiffs Counsel. (rf, ) |
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Filing 21
ORDER THAT PLAINTIFF MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYM AND FOR PROTECTIVE ORDER (DOC. 2) IS GRANTED AS UNOPPOSED. DEFENDANTS DELAWARE COUNTY OFFICE AND BEHAVORIAL HEALTH ("OBH") AND STEVE AKPUNONU'S MOTION TO DISMISS IS GRANTED IN PART. CLAIMS ASSERTED AGAINST DEFENDANT STEVE AKPUNONU IN HIS OFFICAL CAPACITY ARE REDUNDANT OF CLAIMS ASSERTED AGAINST THE GOVERNMENTAL ENTITY AND SUCH "OFFICAL CAPACITY" CLAIMS ARE HEREBY DISMISSED WITH PREJUDICE, ETC. FURTHER ORDERED THAT PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT THAT MORE SPECIFICALLY IDENTIFIES THE FACTUAL BASES AND LEGAL THEORIES SUPPORTING EACH CLAIM AGAINST EACH DEFENDANT. ALL DEFENDANTS SHALL HAVE FOURTEEN DAYS FROM THE FILING OF ANY AMENDED COMPLAINT TO RE-FILE A MOTION TO DISMISS IF APPROPRIATE. DEFENDANT DAVID HARDENS MOTION TO DISMISS (DOC. 8) IS DENIED WITHOUT PREJUDICE TO REFILING AFTER ANY COMPLAINT AMENDMENT AS SET FORTH IN PARAGRAPH 3 HEREIN.. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 9/6/13. 9/9/13 ENTERED AND COPIES EMAILED.(rf, )
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| Filing 20 Minute Entry for proceedings held before MAGISTRATE JUDGE LYNNE A. SITARSKI: Motion Hearing held on 8/29/13 re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH, STEVE AKPUNONU, #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DONALD HAVENS . Court Reporter: Jenna Galleli (rf, ) |
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Filing 19
ORDER THAT ORAL ARGUMENT ON DEFENDANTS' MOTIONS TO DISMISS WILL BE HELD ON 8/29/2013 AT 3:00 PM IN COURTROOM 3-E. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 8/15/13. 8/1613 ENTERED AND COPIES E-MAILED.(mbh, )
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| Filing 18 CERTIFICATE of Counsel Certificate of Merit as to Defendant Donald Havens, Esq. by LESLEY M. GROSSBERG on behalf of T.R. (Attachments: #1 Certificate of Service)(GROSSBERG, LESLEY) |
| Filing 17 RESPONSE in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by T.R. , CERTIFICATE OF SERVICE.(GROSSBERG, LESLEY) Modified on 7/19/2013 (ke, ). |
| Filing 16 CERTIFICATE OF SERVICE by STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH of Self Executing Disclosure Statement (MCDONOUGH, SUZANNE) |
| Filing 15 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE THAT CASE IS REFERRED TO MAGISTRATE JUDGE LYNNE A. SITARSKI TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT, ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/17/13. 7/18/13 ENTERED AND COPIES EMAILED.(rf, ) |
| Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by DONALD HAVENS.. (RAITH, MARK) |
| Filing 13 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by T.R., CERTIFICATE OF SERVICE. (GROSSBERG, LESLEY) Modified on 7/16/2013 (ke, ). |
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Filing 12
ORDER THAT RULE 16 CONFERENCE AND ORAL ARGUMENT ON DEFENDANTS' MOTION TO DISMISS 7/23/2013 08:30 AM. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/2/13. 7/2/13 ENTERED AND COPIES EMAILED(rf, )
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| Filing 11 NOTICE by STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Local Rule 7.1(c) (MCDONOUGH, SUZANNE) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH.Memorandum, Certificate of Service.(MCDONOUGH, SUZANNE) |
| Filing 9 NOTICE of Appearance by SUZANNE MCDONOUGH on behalf of STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH with Jury Demand, and Certificate of Service(MCDONOUGH, SUZANNE) Modified on 7/2/2013 (md). |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DONALD HAVENS.Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Law in Support of MTD, #2 Exhibit A)(RAITH, MARK) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DONALD HAVENS.Certificate of Service Memorandum. (Attachments: #1 Exhibit A, #2 Memorandum of Law in Support of MTD)(RAITH, MARK) Modified on 6/28/2013 (afm, ). (FILED IN ERROR BY ATTORNEY, REFILING CORRECT DOCUMENT) |
| Filing 6 NOTICE of Appearance by MARK ALAN RAITH on behalf of DONALD HAVENS with Jury Demand, Certificate of Service(RAITH, MARK) Modified on 6/28/2013 (lisad, ). |
| Filing 5 AFFIDAVIT of Service by Russell D'Alonzo re: served Complaint, Summons, Motion for Protective Order upon Steve Akpunonu by Personal on June 13, 2013 (GROSSBERG, LESLEY) |
| Filing 4 AFFIDAVIT of Service by Russell D'Alonzo re: served Complaint, Summons, Motion for Protective Order upon Jonna DiStefano by Served Steve Akpunonu, Administrator of Office of Beahvioral Health on June 13, 2013 (GROSSBERG, LESLEY) |
| Filing 3 AFFIDAVIT of Service by Russell D'Alonzo re: served Complaint, Summons, Motion for Protective Order upon Donald Havens, Esquire by Served on resident adult - wife on June 13, 2013 (GROSSBERG, LESLEY) |
| Filing 2 MOTION for Protective Order and for Leave to Proceed Under Pseudonym filed by T.R..Memorandum. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(GROSSBERG, LESLEY) |
| Filing 1 COMPLAINT against STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH, DONALD HAVENS, JANE DOE, JOHN DOE ( Filing fee $ 400 receipt number 082526.), filed by T.R.. (Attachments: #1 Civil Cover Sheet)(rt) |
| Summons Issued as to STEVE AKPUNONU, DELAWARE COUNTY OFFICE OF BEHAVIORAL HEALTH, DONALD HAVENS. Three Forwarded To: Counsel on May 29, 2013 (rt) |
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