COVINGTON v. BUCKS COUNTY DEPARTMENT OF CORRECTIONS et al
| JAMES COVINGTON |
| BUCKS COUNTY CORRECTIONAL OFFICER LAWS, ANTHONY DISANDRO, LIEUTENANT ROBERT GORMAN, BRIAN HESSENTHALER, JOHN & JANE DOES #1-50, MERCER COUNTY CORRECTIONAL CENTER, MERCER COUNTY DEPARTMENT OF PROBATION, CHARLES ELLIS, ANDREW AMAROSO, JULIO M. ALGARIN, PAUL K. LAGANA, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, CHRISTOPHER PIROLLI, LIEUTENANT BURKHART and XYZ CORPS. 1-10 |
| 2:2019cv03062 |
| July 15, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD J PAPPERT |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
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Filing 86
ORDER THAT PATRICK J. WHALEN, ESQUIRE BE PERMITTED TO APPEAR PRO HAC IVCE IN THE ABOVE-CAPTIONED MATTER. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/7/2019. 8/8/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
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Filing 85
ORDER THAT THAT UPON CONSIDERATION OF THE RECENT TRANSFER OF THIS MATTER FROM THE DISTRICT OF NEW JERSEY (ECF NO #79 ; THE CLERK OF COURT MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES AND PLACE THE MATTER IN THE CIVIL SUSPENSE FILE.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 08/07/2019. 08/07/2019 ENTERED AND COPIES MAILED, E-MAILED.(nd, )
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| Filing 84 Declaration Supplemental Declaration of Patrick Whalen by JAMES COVINGTON. (DENENBERG, ALAN) |
| Filing 83 First MOTION for Pro Hac Vice filed by JAMES COVINGTON.DECLARATIONS, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVE.(DENENBERG, ALAN) (Fee Paid on 8/5/19) (va, ). |
| Filing 82 NOTICE of Appearance by ALAN E. DENENBERG on behalf of JAMES COVINGTON with jury demand(DENENBERG, ALAN) |
| Filing 81 NOTICE of Appearance by BRETT M. WALDRON on behalf of ANDREW AMAROSO, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI with Certificate of Service(WALDRON, BRETT) |
| Filing 80 Case transferred in from District of New Jersey; Case Number 3:17-cv-11397. Original file certified copy of transfer order and docket sheet received. |
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Filing 79
ORDER that the Clerk of the Court shall TRANSFER this action to the United States District Court for the Eastern District of Pennsylvania; the Clerk shall CLOSE the file. Signed by Judge Brian R. Martinotti on 6/03/2019. (jem) [Transferred from New Jersey on 7/15/2019.]
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| ***Civil Case Terminated. (jem) [Transferred from New Jersey on 7/15/2019.] |
| Filing 78 Letter from PATRICK J. WHALEN, ATTORNEY AT LAW, LLC re #76 Order. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 77 BRIEF Addressing the Issue of Transfer of Venue (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
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Filing 76
LETTER ORDER granting request for 30-45 days for Patrick J. Whalen to either be admitted pro hac vice or team up with Co-counsel in Pennsylvannia. Signed by Judge Brian R. Martinotti on 4/26/2019. (mps) [Transferred from New Jersey on 7/15/2019.]
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| Filing 75 Letter re #74 Order,,, Terminate Motions,,. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
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Filing 74
ORDER that Defendant Ellis's Motion #59 , which the Court decides as one for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) for the reasons set forth in the Opinion, is GRANTED; that within 30 days of the date of this Order, the parties may show cause why the Court should not transfer this matter to the Eastern District of Pennsylvania in the interests of justice; the Clerk of the Court shall ADMINISTRATIVELY TERMINATE the Bucks Defendants Motion for Summary Judgment #60 pending the Courts decision on transfer. Signed by Judge Brian R. Martinotti on 3/29/2019. (jem) [Transferred from New Jersey on 7/15/2019.]
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| Filing 73 OPINION filed. Signed by Judge Brian R. Martinotti on 3/29/2019. (jem) [Transferred from New Jersey on 7/15/2019.] |
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Filing 72
TEXT ORDER canceling the Initial Conference scheduled for 11/8/18 with Magistrate Judge Lois H. Goodman pending decision on the Summary Judgment motions. So Ordered by Magistrate Judge Lois H. Goodman on (if, ) [Transferred from New Jersey on 7/15/2019.]
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| Filing 71 REPLY BRIEF to Opposition to Motion filed by ANDREW AMAROSO, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI re #60 MOTION for Summary Judgment (Attachments: #1 Certification, #2 Exhibit, #3 Certificate of Service)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
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Filing 70
STIPULATION AND ORDER of Dismissal with prejudice as to Defendant JULIO M. ALGARIN. Signed by Judge Brian R. Martinotti on 10/3/2018. (mps) [Transferred from New Jersey on 7/15/2019.]
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| Filing 69 STIPULATION of Dismissal of Defendant Montgomery County Warden Algarin only by JAMES COVINGTON. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 68 BRIEF in Opposition filed by JAMES COVINGTON re #60 MOTION for Summary Judgment (Attachments: #1 Certification, #2 Statement Responses to SOFs, #3 Certificate of Service)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 67 REPLY BRIEF to Opposition to Motion filed by CHARLES ELLIS re #59 MOTION for Summary Judgment (Attachments: #1 Certification of Counsel, #2 response to statement of additional facts, #3 letter to Clerk, #4 Certificate of Service)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 66 BRIEF in Opposition filed by JAMES COVINGTON re #59 MOTION for Summary Judgment (Attachments: #1 Statement Plaintiff Responses to Statement of Facts, #2 Statement Additional Statement of Facts, #3 Certification)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 65 ANSWER to Complaint Crossclaim of Defendant Warden Ellis by ANDREW AMAROSO, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Reset Deadlines as to #59 MOTION for Summary Judgment . Motion reset for 10/1/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Reset Deadlines as to #60 MOTION for Summary Judgment , #61 MOTION for Summary Judgment W/ PROPOSED ORDER AND BRIEF. Motions reset for 10/15/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #64 Answer to Counterclaim filed by Frank Chernak on 8/31/2018 was submitted incorrectly using the event Response (Not Motion). PLEASE RESUBMIT USING Answers to Complaint found under Initial Pleadings and Service. This submission will remain on the docket unless otherwise ordered by the court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 64 RESPONSE re #55 Answer to Complaint, Crossclaim. (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 63 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #60 MOTION for Summary Judgment , #61 MOTION for Summary Judgment W/ PROPOSED ORDER AND BRIEF . (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 62 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #59 MOTION for Summary Judgment . (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 61 MOTION for Summary Judgment W/ PROPOSED ORDER AND BRIEF by JULIO M. ALGARIN. Responses due by 9/19/2018 (Attachments: #1 STATEMENT OF UNDISPUTED FACTS, #2 EXHIBIT A, #3 EXHIBIT B, #4 EXHIBIT C, #5 EXHIBIT D, #6 EXHIBIT E, #7 EXHIBIT F, #8 EXHIBIT G, #9 EXHIBIT H, #10 EXHIBIT I, #11 EXHIBIT J)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 60 MOTION for Summary Judgment by ANDREW AMAROSO, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI. Responses due by 9/17/2018 (Attachments: #1 Statement Statement of Material Facts, #2 Brief, #3 Certification, #4 Exhibit, #5 Text of Proposed Order, #6 Certificate of Service)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] Modified on 7/15/2019 (tjd, ). |
| Set Deadlines as to #60 MOTION for Summary Judgment , #61 MOTION for Summary Judgment W/ PROPOSED ORDER AND BRIEF. Motion set for 10/1/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (eaj) [Transferred from New Jersey on 7/15/2019.] |
| Filing 59 MOTION for Summary Judgment by CHARLES ELLIS. Responses due by 9/3/2018 (Attachments: #1 Statement of Facts, #2 Brief, #3 Certification of Warden Ellis, #4 Certification of Counsel, #5 Text of Proposed Order, #6 Certificate of Service, #7 Cover Letter)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] Modified on 7/15/2019 (tjd). |
| Set Deadlines as to #59 MOTION for Summary Judgment . Motion set for 9/17/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
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Filing 58
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 11/8/2018 11:30 AM in Trenton - Courtroom 7E before Magistrate Judge Lois H. Goodman. Signed by Magistrate Judge Lois H. Goodman on 8/15/2018. (mps) [Transferred from New Jersey on 7/15/2019.]
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| Filing 57 ANSWER to Complaint by BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 56 ANSWER to Complaint with JURY DEMAND by JULIO M. ALGARIN.(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 55 ANSWER to Complaint with JURY DEMAND AFFIRMATIVE DEFENSES, CROSSCLAIM ANSWERS TO CROSS-CLAIMS against JAMES COVINGTON by CHARLES ELLIS. (Attachments: #1 Supplement Cover Letter)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
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Filing 54
MEMORANDUM ORDER granting #16 Motion to Dismiss ; DENYING #30 Motion to Dismiss ; DENYING #31 Motion to Dismiss ; DENYING #37 Motion to Dismiss ; DENYING #19 Motion to Dismiss. Within 30 days of the date of this Order, Moving Defendants may file motions for summary judgment regarding the failure to exhaust administrative remedies, as well as re-raising any arguments contained in their Motions to Dismiss. Signed by Judge Brian R. Martinotti on 7/31/2018. (kas ) [Transferred from New Jersey on 7/15/2019.]
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| Filing 53 REPLY BRIEF to Opposition to Motion filed by BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI re #31 MOTION to Dismiss (Attachments: #1 Certification)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 52 REPLY BRIEF to Opposition to Motion filed by BUCKS COUNTY DEPARTMENT OF CORRECTIONS re #30 MOTION to Dismiss (Attachments: #1 Certification)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 51 REPLY BRIEF to Opposition to Motion filed by CHARLES ELLIS, MERCER COUNTY CORRECTIONAL CENTER re #37 MOTION to Dismiss the Verified Complaint as to Defendant Warden Charles Ellis (Attachments: #1 Certification of Counsel, #2 Certification of Warden Charles Ellis, #3 Certificate of Service, #4 Cover Letter to Clerk)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 50 BRIEF in Opposition filed by JAMES COVINGTON re #31 MOTION to Dismiss filed by Defendants Hessenthaler Pirolli and Lagana (Attachments: #1 Certification, #2 Exhibit)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 49 BRIEF in Opposition filed by JAMES COVINGTON re #37 MOTION to Dismiss the Verified Complaint as to Defendant Warden Charles Ellis (Attachments: #1 Certification, #2 Exhibit)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 48 BRIEF in Opposition filed by JAMES COVINGTON re #30 MOTION to Dismiss filed by Defendant Bucks DOC (Attachments: #1 Certification, #2 Exhibit)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 47 Letter from Paul R. Adezio, Deputy Mercer County Counsel. (ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 46 BRIEF in Opposition filed by JAMES COVINGTON re #19 MOTION to Dismiss (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 45 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #31 MOTION to Dismiss filed by Defendants Hessenthaler Lagana Pirolli. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 44 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #30 MOTION to Dismiss . (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Reset Deadlines as to #30 MOTION to Dismiss , #31 MOTION to Dismiss . Motion reset for 2/20/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 43 Letter from Brian O. Phillips re #35 Application/Petition, #36 Application/Petition. (PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 42 APPLICATION/PETITION for by JULIO M. ALGARIN. (Attachments: #1 Certification, #2 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 41 APPLICATION/PETITION for by JULIO M. ALGARIN. (Attachments: #1 Certification, #2 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 40 Letter from Paul R. Adezio, Deputy Mercer County Counsel. (ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 39 MEMORANDUM in Opposition filed by JAMES COVINGTON re #16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 38 RESPONSE to Motion filed by JAMES COVINGTON re #16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Set Deadlines as to #37 MOTION to Dismiss the Verified Complaint as to Defendant Warden Charles Ellis. Motion set for 2/5/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 37 MOTION to Dismiss the Verified Complaint as to Defendant Warden Charles Ellis by CHARLES ELLIS, MERCER COUNTY CORRECTIONAL CENTER. Responses due by 2/5/2018 (Attachments: #1 Supplement Cover Letter, #2 Brief, #3 Certification of Counsel, #4 Certification of Service, #5 Text of Proposed Order)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 36 APPLICATION/PETITION for by JULIO M. ALGARIN. (Attachments: #1 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 35 APPLICATION/PETITION for by JULIO M. ALGARIN. (Attachments: #1 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
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Filing 34
STIPULATION AND ORDER of Dismissal with prejudice as to MERCER COUNTY DEPARTMENT OF PROBATION. Signed by Judge Brian R. Martinotti on 12/28/2017. (mps) [Transferred from New Jersey on 7/15/2019.]
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| CLERK'S QUALITY CONTROL MESSAGE - The #32 and #33 Applications for Pro Hac Vice Admission submitted by Brian Philips on 12/27/2017 contain improper signatures and were filed incorrectly as Motions. Only the filing user is permitted to sign electronically filed documents with an s/. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE using the event Application/Petition found under Other Filings, Other Documents. The Clerks office has terminated the calendar event created by this filing. This submission will remain on the docket unless otherwise ordered by the court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice by JULIO M. ALGARIN. (Attachments: #1 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 32 MOTION for Leave to Appear Pro Hac Vice by JULIO M. ALGARIN. (Attachments: #1 Text of Proposed Order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Set Deadlines as to #30 MOTION to Dismiss , #31 MOTION to Dismiss . Motion set for 2/5/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 31 MOTION to Dismiss by BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI. Responses due by 1/22/2018 (Attachments: #1 Exhibit A-P)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 30 MOTION to Dismiss by BUCKS COUNTY DEPARTMENT OF CORRECTIONS. Responses due by 1/22/2018 (Attachments: #1 Exhibit A - J)(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 29 ANSWER to Complaint by BUCKS COUNTY CORRECTIONAL OFFICER LAWS.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 28 ANSWER to Complaint by ROBERT GORMAN.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 27 ANSWER to Complaint by ANTHONY DISANDRO.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 26 ANSWER to Complaint by BURKHART.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 25 ANSWER to Complaint by ANDREW AMAROSO.(CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 24 WAIVER OF SERVICE Returned Executed by JAMES COVINGTON. BUCKS COUNTY DEPARTMENT OF CORRECTIONS waiver sent on 11/15/2017, answer due 1/15/2018; CHARLES ELLIS waiver sent on 11/15/2017, answer due 1/15/2018. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 23 AFFIDAVIT of Service for Summons Verified Complaint OTSC documents served on Defendants Anthony Disandro Lt Burkhart CO Andrew Amoroso CO Laws LT Robert Gorman on 11/14/2017, filed by JAMES COVINGTON. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 22 STIPULATION of Dismissal With Prejudice by Mercer Vicinage Probation Division ( improperly pled as Mercer County Department of Probation) by MERCER COUNTY DEPARTMENT OF PROBATION. (ARNAUTOVIC, MELIHA) [Transferred from New Jersey on 7/15/2019.] |
| Reset Deadlines as to #19 MOTION to Dismiss . Motion reset for 2/5/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Reset Deadlines as to #16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6). Motion reset for 1/16/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 21 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #19 MOTION to Dismiss . (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 20 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) . (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 19 MOTION to Dismiss by JULIO M. ALGARIN. Responses due by 12/22/2017 (Attachments: #1 Motion to dismiss, #2 Brief Brief, #3 Text of Proposed Order Proposed order)(PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 18 Application and Proposed Order for Clerk's Order to extend time to answer as to Extension of Time to Answer, Move or Otherwise Reply to the Complaint. Attorney FRANK A. CHERNAK for ANDREW AMAROSO,FRANK A. CHERNAK for BURKHART,FRANK A. CHERNAK for ANTHONY DISANDRO,FRANK A. CHERNAK for ROBERT GORMAN added. (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Set Deadlines as to #19 MOTION to Dismiss . Motion set for 1/16/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Clerk`s Text Order - The document #18 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by ROBERT GORMAN, CHRISTOPHER PIROLLI, BRIAN HESSENTHALER, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BURKHART, ANDREW AMAROSO, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, ANTHONY DISANDRO, PAUL K. LAGANA has been GRANTED. The answer due date has been set for 12/26/2017. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 17 APPLICATION/PETITION for Extension of Time to Answer, Move or Otherwise Reply for by ANDREW AMAROSO, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI. (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) by CHARLES ELLIS, MERCER COUNTY CORRECTIONAL CENTER. Responses due by 12/18/2017 (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service, #4 Cover Letter to Clerk)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Set Deadlines as to #16 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6). Motion set for 1/2/2018 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - The #17 Application for a Clerk's Extension filed by Frank Chernak on 12/8/2017 was submitted incorrectly as an Application/Petition. PLEASE RESUBMIT USING the event Application for Clerk Order to Ext Answer/Proposed Order found under Other Filings, Other Documents. This submission will remain on the docket unless otherwise ordered by the court. (mps) [Transferred from New Jersey on 7/15/2019.] |
| Filing 15 NOTICE of Appearance by ERIN KATHLEEN CLARKE on behalf of BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI (CLARKE, ERIN) [Transferred from New Jersey on 7/15/2019.] |
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Filing 14
ORDER that Plaintiff's #4 request for injunctive relief is denied. Plaintiff's Complaint shall proceed, and defendants shall answer or otherwise respond within the time set forth by Federal Rule of Civil Procedure 12 or within twenty-one (21) days, whichever is longer. Signed by Judge Brian R. Martinotti on 11/20/2017. (mps) [Transferred from New Jersey on 7/15/2019.]
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| Filing 13 Minute Entry for proceedings held before Judge Brian R. Martinotti: Motion Hearing held on 11/20/2017 re #4 Emergency MOTION for Order to Show Cause filed by JAMES COVINGTON. Ordered motion Denied; order to follow. (Court Reporter: Carol Farrell.) (DS) [Transferred from New Jersey on 7/15/2019.] |
| Filing 12 REPLY to Response to Motion filed by JAMES COVINGTON re #4 Emergency MOTION for Order to Show Cause (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 11 RESPONSE in Opposition filed by BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI re #4 Emergency MOTION for Order to Show Cause (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 10 RESPONSE in Opposition filed by JULIO M. ALGARIN re #4 Emergency MOTION for Order to Show Cause (PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by CHARLES ELLIS, MERCER COUNTY CORRECTIONAL CENTER. (Attachments: #1 Certificate of Service, #2 Cover Letter)(ADEZIO, PAUL) [Transferred from New Jersey on 7/15/2019.] |
| Filing 8 CERTIFICATION in Support filed by JAMES COVINGTON re #4 Emergency MOTION for Order to Show Cause Supplemental Certification (Attachments: #1 Exhibit 1)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 7 NOTICE of Appearance by BRIAN O'NEILL PHILLIPS on behalf of JULIO M. ALGARIN (PHILLIPS, BRIAN) [Transferred from New Jersey on 7/15/2019.] |
| Filing 6 Letter from Patrick J. Whalen, Esquire re Set/Reset Motion and R&R Deadlines/Hearings,. (WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| ATTENTION COUNSEL: Oral argument as to #4 Emergency MOTION for Order to Show Cause set for 11/20/2017 at 10:30 AM in Trenton - Courtroom 1 before Judge Brian R. Martinotti; Responses due by 11/16/2017 & Replies due by 11/17/2017. Please confirm receipt of court notice along with proof of service that all moving papers have been served on the defendants by letter (e-file) not later than 11/14/2017. (DS) [Transferred from New Jersey on 7/15/2019.] |
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Filing 5
ORDER that Plaintiff shall personally serve Defendants no later than 5:00 p.m. on 11/14/2017; Defendants shall appear and file opposition or otherwise respond to Plaintiff's request for injunctive relief by 11/16/2017; Plaintiff shall file a reply by 11/17/2017; re #4 Emergency MOTION for Order to Show Cause filed by JAMES COVINGTON. Signed by Judge Brian R. Martinotti on 11/13/2017. (km) [Transferred from New Jersey on 7/15/2019.]
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| Filing 4 Emergency MOTION for Order to Show Cause by JAMES COVINGTON. (Attachments: #1 Text of Proposed Order ORDER TO SHOW CAUSE, #2 Brief, #3 Supplement previously filed Verified Complaint, #4 Certificate of Service, #5 Certification, #6 Exhibit, #7 Civil Cover Sheet)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 3 NOTICE of Appearance by FRANK A. CHERNAK on behalf of BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BRIAN HESSENTHALER, PAUL K. LAGANA, CHRISTOPHER PIROLLI (CHERNAK, FRANK) [Transferred from New Jersey on 7/15/2019.] |
| Filing 2 SUMMONS ISSUED as to JULIO M. ALGARIN, ANDREW AMAROSO, BUCKS COUNTY CORRECTIONAL OFFICER LAWS, BUCKS COUNTY DEPARTMENT OF CORRECTIONS, BURKHART, ANTHONY DISANDRO, CHARLES ELLIS, ROBERT GORMAN, BRIAN HESSENTHALER, PAUL K. LAGANA, MERCER COUNTY CORRECTIONAL CENTER, MERCER COUNTY DEPARTMENT OF PROBATION, CHRISTOPHER PIROLLI Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAWEIA CAMPBELL* (jjc) [Transferred from New Jersey on 7/15/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Parties should be entered with first and last names entered in the appropriate fields, all other information should be entered in the Party Text field, except for any Alias' . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc) [Transferred from New Jersey on 7/15/2019.] |
| Judge Brian R. Martinotti and Magistrate Judge Lois H. Goodman added. (jjc, ) [Transferred from New Jersey on 7/15/2019.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-8239779) with JURY DEMAND, filed by JAMES COVINGTON. (Attachments: #1 Brief, #2 Certification OF PATRICK J. WHALEN, ESQUIRE, #3 Exhibit A - B, #4 Civil Cover Sheet, #5 Certificate of Service)(WHALEN, PATRICK) [Transferred from New Jersey on 7/15/2019.] |
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