LEE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS
| ROBERT LEE, JR. |
| PENNSYLVANIA DEPARTMENT OF CORRECTIONS, TY STANTON, MICHAEL WENEROWICZ and MARIROSA LAMAS |
| 2:2019cv00241 |
| January 17, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| CYNTHIA M RUFE |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 53 MEMORANDUM AND ORDER THAT MOTION FOR SUMMARY JUDGMENT (DOC. 30) IS GRANTED AS OUTLINED HEREIN. MOTION (DOC. 28) IS DISMISSED AS MOOT., ETC CLERK OF COURT SHALL CLOSE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/26/23. 10/26/23 ENTERED AND COPIES E-MAILED.(rf, ) |
| Filing 52 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/26/23. 10/26/23 ENTERED AND COPIES E-MAILED.(rf, ) |
| Filing 51 NOTICE of Withdrawal of Appearance by STEPHEN R. KOVATIS on behalf of MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ(KOVATIS, STEPHEN) |
| Filing 50 NOTICE of Appearance by MATTHEW R. SKOLNIK on behalf of MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ with Certificate of Service(SKOLNIK, MATTHEW) |
| Filing 49 REPLY to Response to Motion re #30 MOTION for Summary Judgment filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ. (Attachments: #1 Response to Statement of Additional Facts)(KOVATIS, STEPHEN) |
Filing 48
ORDER THAT CLERK OF COURT IS DIRECTED TO REMOVE THE CASE FROM SUSPENSE. ON OR BEFORE 6/13/22 DEFENDANTS MAY SUBMIT REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/6/22. 6/6/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 47 RESPONSE in Opposition re #30 MOTION for Summary Judgment filed by ROBERT LEE, JR. (Attachments: #1 Supplement Statement of Genuine Issues, #2 Memorandum, #3 Exhibit 1 - First Int Resp Lamas, #4 Exhibit 2 - First Int Resp Stanton, #5 Exhibit 3 - First Int Supp Stanton, #6 Exhibit 4 - First Int Resp Wenerowicz, #7 Exhibit 5 - Second Int Resp Lamas, #8 Exhibit 6 - Second Int Resp Stanton, #9 Exhibit 7 - Second Int Resp Wenerowicz, #10 Exhibit 8 - Lamas Dep, #11 Exhibit 9 - Stanton Dep, #12 Exhibit 10 - Wenerowicz Dep, #13 Exhibit 11 - Stanton Dec, #14 Exhibit 12 - Lamas Job Desc, #15 Exhibit 13 - Stanton Job Desc, #16 Exhibit 14 Wenerowicz Job Desc, #17 Exhibit 15 IDVS vs PDOC Time, #18 Exhibit 16 - Damage Analysis, #19 Text of Proposed Order)(COHEN, DAVID) |
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Filing 46
ORDER THAT CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES AND PLACE CASE IN CIVIL SUSPENSE UNTIL FURTHER COURT ORDER. ON OR BEFORE 5/16/22 PARTIES THROUGH COUNSEL SHALL JOINTLY REPORT TO THE COURT IN WRITING AS TO THE STATUS OF THE LIMITED MERITS DISCOVERY, ETC. SCHEDULE FOR SUPPLEMENTAL BRIEFING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOC. 42) IS VACATED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/30/22. 3/30/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 45 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE Status Conference held on 3/30/22. (rf, ) |
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Filing 44
ORDER THAT STATUS CONFERENCE SET FOR 3/30/2022 01:00 PM IN Telephone Conference. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/28/22. 3/28/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 43 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE Motion Hearing held on 2/3/22 re #36 MOTION for Protective Order filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ, #38 MOTION to Compel Plaintiff's Attendance at a Deposition filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ, #35 MOTION to Compel PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER ELEVENTH AMENDMENT IMMUNITY INTERROGATORIES MOTION for Extension of Time to Complete Discovery filed by ROBERT LEE, JR. Court Reporter: ESR. (JL) |
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Filing 42
ORDER THAT PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER ELEVENTH AMENDMENT INTERROGATORIES, DOC NO. #35 , AND MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY, DOC NO. #35 , ARE GRANTED IN PART AND DEEMED WITHDRAWN IN PART AS FOLLOWS: A. PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER 17 INTERROGATORIES FOCUSED ON RESOLVING THE QUESTION OF IMMUNITY UNDER THE ELEVENTH AMENDMENT [DOC. NO. 35] IS DEEMED WITHDRAWN, BASED ON REPRESENTATIONS BY COUNSEL FOR PLAINTIFF AND COUNSEL FOR DEFENDANTS AT THE FEBRUARY 3, 2022 HEARING. PLAINTIFFS MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY, DOC NO. #35 IS GRANTED. THE PARTIES SHALL HAVE 60 DAYS FROM THE DATE OF THIS ORDER TO ENGAGE IN A LIMITED MERITS DISCOVERY PERIOD FOCUSED ON RESOLVING THE QUESTION OF IMMUNITY UNDER THE ELEVENTH AMENDMENT. PLAINTIFF MAY FILE SUPPLEMENTAL BRIEFING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT BY OR BEFORE MAY 4, 2022. DEFENDANTS REPLY, IF ANY, TO SUCH SUPPLEMENTAL BRIEFING MAY BE FILED BY OR BEFORE MAY 19, 2022. DEFENDANTS MOTION FOR PROTECTIVE ORDER DOC NO. #36 IS DEEMED WITHDRAWN BASED ON REPRESENTATIONS BY COUNSEL FOR DEFENDANTS AT THE FEBRUARY 3, 2022 HEARING. DEFENDANTS MOTION TO COMPEL PLAINTIFFS ATTENDANCE AT A DEPOSITION DOC NO. #38 IS DEEMED WITHDRAWN BASED ON REPRESENTATIONS BY COUNSEL FOR DEFENDANTS AT THE FEBRUARY 3, 2022 HEARING. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/3/22.2/3/22 ENTERED AND COPIES E-MAILED.(kp)
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| Set/Reset Deadlines as to RESPONSES DUE BY 5/4/2022. REPLIES DUE BY 5/19/2022. (kp) |
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Filing 41
ORDER THAT MOTION HEARING SET FOR 2/3/2022 02:00 PM IN Courtroom 12A. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/20/22. 1/21/22 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 40 RESPONSE in Opposition re #38 MOTION to Compel Plaintiff's Attendance at a Deposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL filed by ROBERT LEE, JR. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A - E-Mails)(COHEN, DAVID) |
| Filing 39 RESPONSE in Support re #35 MOTION to Compel PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER ELEVENTH AMENDMENT IMMUNITY INTERROGATORIES MOTION for Extension of Time to Complete Discovery AND OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER filed by ROBERT LEE, JR. (Attachments: #1 Text of Proposed Order)(COHEN, DAVID) |
| Filing 38 MOTION to Compel Plaintiff's Attendance at a Deposition filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ.Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Certificate of Counsel, #3 Proposed Order, #4 Exhibit A, #5 Exhibit B)(KOVATIS, STEPHEN) |
| Filing 37 Memorandum re #36 MOTION for Protective Order , #35 MOTION to Compel PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER ELEVENTH AMENDMENT IMMUNITY INTERROGATORIES MOTION for Extension of Time to Complete Discovery filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ. (Attachments: #1 Exhibit A)(KOVATIS, STEPHEN) |
| Filing 36 MOTION for Protective Order filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ.Certificate of Counsel, Certificate of Service. (Attachments: #1 Proposed Order, #2 Certificate of Counsel)(KOVATIS, STEPHEN) |
| Filing 35 MOTION to Compel PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO ANSWER ELEVENTH AMENDMENT IMMUNITY INTERROGATORIES, MOTION for Extension of Time to Complete Discovery filed by ROBERT LEE, JR.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A - Interrogatories, #4 Exhibit B - Objections, #5 Exhibit C - Emails, #6 Exhibit D - Correspondence)(COHEN, DAVID) |
| Filing 34 MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR CONDITIONAL CERTIFICATION (DOC. 28) IS DEFERRED. FURTHER ORDERED THAT PARTIES SHALL HAVE 60 DAYS FROM THE DATE OF THIS ORDER TO ENGAGE IN LIMITED MERTIS DISCOVERY PERIOD AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/8/21. 6/9/21 ENTERED AND COPIES E-MAILED.(rf, ) |
| Filing 33 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/8/21. 6/9/21 ENTERED AND COPIES E-MAILED.(rf, ) |
| Filing 32 REPLY to Response to Motion re #30 MOTION for Summary Judgment filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ. (KOVATIS, STEPHEN) |
| Filing 31 REPLY to Response to Motion re #28 MOTION to Certify Class PLAINTIFFS MOTION FOR ORDER AUTHORIZING NOTICE TO SIMILARLY-SITUATED PERSONS PURSUANT TO 29 U.S.C. 216(b), #30 MOTION for Summary Judgment REPLY BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR FLSA CONDITIONAL CERTIFICATION filed by ROBERT LEE, JR. (Attachments: #1 Exhibit A - Docket Report, #2 Exhibit B - R.56(d) Dec)(COHEN, DAVID) |
| Filing 30 MOTION for Summary Judgment filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ.Certificate of Service.(KOVATIS, STEPHEN) |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Certify Class PLAINTIFFS MOTION FOR ORDER AUTHORIZING NOTICE TO SIMILARLY-SITUATED PERSONS PURSUANT TO 29 U.S.C. 216(b) and in Support of Motion for Summary Judgment filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ. (Attachments: #1 Declaration of Marirosa Lamas, #2 Declaration of Ty Stanton, #3 Declaration of Michael Wenerowicz, #4 Exhibit A - Lamas Interrogatory Responses, #5 Exhibit B - Stanton Interrogatory Responses, #6 Exhibit C - CBA, #7 Exhibit D - Lee Interrogatory Responses, #8 Proposed Order)(KOVATIS, STEPHEN) |
| Filing 28 MOTION to Certify Class PLAINTIFFS MOTION FOR ORDER AUTHORIZING NOTICE TO SIMILARLY-SITUATED PERSONS PURSUANT TO 29 U.S.C. 216(b) filed by ROBERT LEE, JR.Memorandum, Declaration, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A - Lee Dec, #4 Exhibit B - Job Descriptions, #5 Exhibit C - Code of Ethics, #6 Exhibit D - HR Policies, #7 Exhibit E - Orientation, #8 Exhibit F - Basic Training, #9 Exhibit G - IDVS Time Comparison, #10 Exhibit H - Damages Analysis, #11 Exhibit I - Class Notice)(COHEN, DAVID) |
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Filing 27
ORDER THAT PLAINTIFF SHALL FILE EITHER A STIPULATED OR CONTESTED MOTION FOR FLSA CONDITIONAL CERTIFICATION BY 11/18/20, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/8/20. 9/9/20 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 26
ORDER THAT PLAINTIFF SHALL FILE EITHER A STIPULATED OR CONSENTED MOTION FOR FLSA CONDITIONAL CERTIFICATION BY 10/5/2020 AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/17/20. 8/17/20 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 25
STIPULATION AND ORDER REGARDING CONFIDENTIAL DOCUMENTS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/7/20. 8/720 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 24
ORDER THAT INITIAL DISCOVERY DUE BY 7/24/2020., MOTIONS DUE BY 8/24/2020. ALL OTHER SCHEDULING ORDER DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/22/20. 6/22/20 ENTERED AND COPIES E-MAILED.(rf, )
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Filing 23
ORDER THAT INITIAL DISCOVERY DUE BY 6/5/2020. ON OR BEFORE 6/22/20 PARTIES THROUGH COUNSEL SHALL JOINTLY REPORT TO THE COURT IN WRITING AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/13/20. 4/13/20 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 22 Minute Entry for proceedings held before HONORABLE CYNTHIA M. RUFE Telephone Conference held on 02/21/2020 (nd, ) |
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Filing 21
ORDER THAT INITIAL DISCOVERY IS DUE 5/6/20. ON OR BEFORE 5/21/20 THE PARTIES THROUGH COUNSEL SHALL JOINTLY REPORT TO THE COURT A PROPOSED SCHEDULE FOR FILING OF MOTIONS FOR CONDITIONAL CERTIFICATION AS OUTLINED HERIEN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/21/20. 2/24/20 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 20 NOTICE by ROBERT LEE, JR re #19 Order, Terminate Deadlines and Hearings, Set Deadlines/Hearings JOINT REPORT OF RULE 26(f) MEETING AND PROPOSED DISCOVERY PLAN (COHEN, DAVID) |
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Filing 19
ORDER THAT RULE 16 SCHEDULING CONFERENCE SET FOR 2/21/2020 12:30 PM. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/31/20. 2/3/20 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 18 ANSWER to #8 Amended Complaint by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ.(KOVATIS, STEPHEN) |
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Filing 17
ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION IS DENIED. ACCORDINGLY, THE DEFENDANTS SHALL ANSWER THE COMPLAINT NO LATER THAN 1/16/20; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/26/19. 12/27/19 ENTERED AND E-MAILED. (JL)
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| Filing 16 MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION IS DENIED. ACCORDINGLY, THE DEFENDANTS SHALL ANSWER THE COMPLAINT NO LATER THAN 1/16/20; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/26/19. 12/27/19 ENTERED AND E-MAILED.(jl, ) |
| Filing 15 REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ. (KOVATIS, STEPHEN) |
| Filing 14 NOTICE by ROBERT LEE, JR re #13 Response in Opposition to Motion, Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A - Justice v. Lombardo)(COHEN, DAVID) |
| Filing 13 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by ROBERT LEE, JR. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Exhibit A - Williams Am Cpt)(COHEN, DAVID) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction filed by MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ.Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(KOVATIS, STEPHEN) |
| Filing 11 WAIVER OF SERVICE Returned Executed by ROBERT LEE, JR. MARIROSA LAMAS waiver sent on 3/18/2019, answer due 5/17/2019; TY STANTON waiver sent on 3/18/2019, answer due 5/17/2019; MICHAEL WENEROWICZ waiver sent on 3/18/2019, answer due 5/17/2019. (Attachments: #1 Certificate of Service)(COHEN, DAVID) |
| Filing 10 NOTICE of Appearance by STEPHEN R. KOVATIS on behalf of MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ with Certificate of Service(KOVATIS, STEPHEN) |
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Filing 9
ORDER THAT MOTION TO DISMISS (DOC. 2) IS DISMISSED AS MOOT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/8/19. 3/8/19 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 8 AMENDED COMPLAINT against MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ, filed by ROBERT LEE, JR., JURY TRIAL DEMAND.(rf, ) |
| 3 Summons Issued as to MARIROSA LAMAS, TY STANTON, MICHAEL WENEROWICZ forwarded to Plaintiff's Counsel on 3/7/19. (rf, ) |
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Filing 7
ORDER THAT APPLICATION FOR PRO HAC VICE ADMISSION OF RYAN F. STEPHAN IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/28/19. 2/28/19 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 6 APPLICATION for Admission Pro Hac Vice of Ryan F. Stephan by ROBERT LEE, JR. ( Filing fee $ 40 receipt number 0313-13381158.). (COHEN, DAVID) |
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Filing 5
ORDER THAT THE APPLICATION OF JAMES B. ZOURAS TO APPEAR PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/22/19. 2/25/19 ENTERED AND COPIES E-MAILED.(rf, )
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| Filing 4 SUMMONS Returned Executed by ROBERT LEE, JR served Summons and Complaint upon PENNSYLVANIA DEPARTMENT OF CORRECTIONS. PENNSYLVANIA DEPARTMENT OF CORRECTIONS served on 1/31/2019, answer due 2/21/2019. (COHEN, DAVID) |
| Filing 3 APPLICATION for Admission Pro Hac Vice of James B. Zouras by ROBERT LEE, JR. ( Filing fee $ 40 receipt number 0313-13367684.). (COHEN, DAVID) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS.Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(KOVATIS, STEPHEN) |
| Filing 1 COMPLAINT against PENNSYLVANIA DEPARTMENT OF CORRECTIONS ( Filing fee $ 400 receipt number 191051.), filed by ROBERT LEE, JR. (Attachments: #1 Civil Cover Sheet, DESIGNATION FORM, CASE MANAGEMENT TRACK FORM)(amas) (Additional attachment(s) added on 1/18/2019: #2 Civil Cover Sheet , DESIGNATION FORM, CASE MANAGEMENT TRACK FORM) (amas, ). |
| DEMAND for Trial by Jury by ROBERT LEE, JR. (amas) |
| 1 Summons Issued as to PENNSYLVANIA DEPARTMENT OF CORRECTIONS. Forwarded To: PLAINTIFF'S COUNSEL on 1/17/2019 (amas) |
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