MELVIN et al v. KENNEY et al
| JESUS CRUZ, MICHAEL MELVIN, BRION MILLIGAN, STEVEN HARTZELL, MARK PALMA, DAN FARRELLY and ROBERT BANNAN |
| HONORABLE JAMES F. KENNEY, LARRY KRASNER, EMILY BAKER-WHITE doing business as THE PLAIN VIEW PROJECT, MR. RICHARD ROSS, JR. and HONORABLE Danielle Outlaw |
| 2:2020cv03529 |
| July 19, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN R PADOVA |
| JOHN M YOUNGE |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 Copy of Order dated 5/12/21 (Document # 37) and envelope returned from the U.S. Postal Service addressed to Emily Baker-White for the following reason: Vacant. (fdc) |
| Filing 38 NOTICE of Voluntary Dismissal by All Plaintiffs As To ALL DEFENDANTS(TEITELMAN, ANDREW) |
ORDER # 37 MAILED TO UNREP (jpd, )
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Filing 37
ORDERED THAT PLAINTIFFS SHALL SHOW CAUSE BY MAY 19, 2021, BY LETTER ON THE DOCKET, AS TO WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). SIGNED BY HONORABLE JOHN M. YOUNGE ON 5/12/2021. 5/12/2021 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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| Document #36 mailed to unrep party. (kw, ) |
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Filing 36
ORDER THAT PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE FIRST AMENDED COMPLAINT IS DENIED. PLAINTIFF MAY FILE AN AMENDED COMPLAINT CONSISTENT WITH FED.R.CIV.P. 11, IF DESIRED, ON OR BEFORE 5/7/21; ETC.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 4/30/21. 4/30/21 ENTERED AND E-MAILED, NOT MAILED TO UNREP.(JL )
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| Filing 35 MOTION for Extension of Time to Amend #34 Order on Motion to Dismiss for Failure to State a Claim,, permitting plaintiffs to file Amended Complaint filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) |
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Filing 34
ORDER THAT UPON CONSIDERATION OF DEFENDANTS MAYOR JAMES F. KENNEY, DISTRICT ATTORNEY LARRY KRASNER, POLICE COMMISSIONER DANIELLE OUTLAW, AND FORMER POLICE COMMISSIONER RICHARD ROSS, JR.S (HEREINAFTER, CITY DEFENDANTS) MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) (MOT., ECF NO. 10), AND ALL SUBMISSIONS MADE IN SUPPORT OF AND IN OPPOSITION TO THE MOTION, IT IS HEREBY ORDERED THAT SAID MOTION IS GRANTED IN PART AS OUTLINED HEREIN. PLAINTIFFS MAY FILE AN AMENDED COMPLAINT CONSISTENT WITH THIS ORDER AND WITH FED. R. CIV. P. 11, IF DESIRED, ON OR BEFORE MAY 7, 2021. ETC.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 4/22/2021.4/22/2021 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(sg, )
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Stay Discovery filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) |
| Filing 32 NOTICE of Appearance by FRANK E. WEHR, II on behalf of JAMES F. KENNEY, LARRY KRASNER, Danielle Outlaw, RICHARD ROSS, JR with certificate of service(WEHR, FRANK) |
| Filing 31 MOTION to Stay Discovery filed by JAMES F. KENNEY, LARRY KRASNER, Danielle Outlaw, RICHARD ROSS, JR.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(BYRNES, MEGHAN) |
| Filing 30 Copies of Orders dated 12/16/20 (Document #s 20 and 22) and envelope returned from the U.S. Postal Service addressed to Emily Baker-White for the following reason: Return to Sender - Not Deliverable as Addressed - Unable to Fwd. (fdc) |
| Filing 29 Copy of Order/Notice dated 11/25/20 (Documents # 12 and 13) and envelope returned from the U.S. Postal Service addressed to Emily Baker White for the following reason: Attempted-Not Known, Unable to Forward. (DT) |
| Filing 28 Minute Entry for proceedings held before HONORABLE JOHN M. YOUNGE Pretrial Conference held on 1/19/2021. (sg, ) |
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Filing 27
SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 11/30/2021 11:00 AM BEFORE HONORABLE JOHN M. YOUNGE. DISCOVERY DUE BY 5/19/2021. DAUBERT MOTIONS DUE BY 7/30/2021. MOTION FOR SUMMARY JUDGMENT DUE BY 7/30/2021. ETC.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 1/19/2021. 1/19/2021 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS.(sg, )
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| Filing 26 STATUS REPORT of Joint Rule 26(f) Meeting by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA. (TEITELMAN, ANDREW) |
| Filing 25 RESPONSE in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JAMES F. KENNEY, LARRY KRASNER, Danielle Outlaw, RICHARD ROSS, JR. (BYRNES, MEGHAN) |
| PLEADING #24 MAILED TO PRO SE (JL ) |
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Filing 24
ORDERED THAT THE APPLICATION OF LARRY KLAYMAN, ESQUIRE (ECF NO. 23) TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 1/5/2021.1/6/2021 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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| Filing 23 MOTION for Pro Hac Vice admission of Larry Klayman, Esq. ( Filing fee $ 40 receipt number 0313-14821233.) filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) |
| COPY OF DOC. NOS. 20 & 22 HAS BEEN MAILED TO UNREP. PARTY, BAKER-WHITE. (bw, ) Modified on 12/22/2020 (bw, ). |
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Filing 22
ORDER THAT A FRCP 16 CONFERENCE SHALL BE HELD ON 1/19/2021 AT 11:00 AM BEFORE HONORABLE JOHN M. YOUNGE. SIGNED BY HONORABLE JOHN M. YOUNGE ON 12/15/20. 12/16/20 ENTERED AND COPIES NOT MAILED TO UNREP AND E-MAILED.(mbh, )
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| Filing 21 A review of the Courts records shows that service of the complaint has not been made in the above-captioned action. Rule 4(m) of the Federal Rules of Civil Procedure requires that the defendant(s) must be served with the complaint within ninety days after the complaint is filed. If service is not made by January 15, 2021, and proof is shown upon the docket, the action will be dismissed as to the below named Defendant without prejudice for lack of prosecution unless good cause for failure to comply with Rule 4(m) is shown prior to that time. (mbh, ) (Main Document 21 replaced on 12/17/2020) (mbh, ). |
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Filing 20
ORDER THAT PLAINTIFFS' MOTION TO SET ASIDE IS GRANTED. THE COURT'S ORDER DATED 11/25/20 IS VACATED. DEFENDANTS SHALL HAVE UP TO AND INCLUDING 1/6/21 TO FILE A REPLY TO PLAINTIFF'S OPPOSITION.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 12/15/20.12/16/20 ENTERED AND COPIES NOT MAILED TO UNREP AND E-MAILED.(mbh, )
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| Filing 19 Reply to Opposition re #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) Modified on 12/15/2020 (lisad, ). |
| Filing 18 Supplement re #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, third filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service. (Attachments: #1 Exhibit Plaintiff's proposed Memorandum of Law in Opposition to Defendants' Motion to Dismiss)(TEITELMAN, ANDREW) Modified on 12/10/2020 (lisad, ). |
| Filing 17 RESPONSE in Opposition re #15 Supplemental MOTION to Set Aside #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, , #16 Supplemental MOTION to Set Aside #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, , #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, filed by JAMES F. KENNEY, LARRY KRASNER, Danielle Outlaw, RICHARD ROSS, JR. (RHODES, BRIAN) |
| Filing 16 Supplement re MOTION to Set Aside #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) Modified on 12/3/2020 (lisad, ). |
| Filing 15 Supplement re MOTION to Set Aside #14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) Modified on 12/2/2020 (lisad, ). |
| Copies of #12 and #13 Orders mailed to Unrep. (mas, ) |
| Filing 14 MOTION to Set Aside #12 Order on Motion to Dismiss for Failure to State a Claim, filed by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA.Certificate of Service.(TEITELMAN, ANDREW) |
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Filing 13
ORDERED THAT THE INITIAL PRETRIAL CONFERENCE IN THE ABOVE-CAPTIONED MATTER, SCHEDULED FOR DECEMBER 1, 2020, IS CANCELED.. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/25/2020. 11/25/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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Filing 12
ORDER THAT UPON CONSIDERATION OF DEFENDANTS MAYOR JAMES F. KENNEY, DISTRICT ATTORNEY LARRY KRASNER, POLICE COMMISSIONER DANIELLE OUTLAW, AND FORMER POLICE COMMISSIONER RICHARD ROSS, JR.S MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) (ECF NO. 10), IT IS HEREBY ORDERED THAT SAID MOTION IS GRANTED AS UNOPPOSED. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/25/2020.11/25/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, ) Modified on 12/16/2020 (mbh, ). (VACATED PER ORDER #20)
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| DOC. 11 MAILED TO UNREP. (sg, ) Modified on 11/6/2020 (lisad, ). |
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Filing 11
ORDER THAT A RULE 16 CONFERENCE SET FOR 12/1/2020 10:00 AM BEFORE HONORABLE JOHN M. YOUNGE. SIGNED BY HONORABLE JOHN M. YOUNGE ON 11/3/2020. 11/3/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREP.(sg, )
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| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JAMES F. KENNEY, JAMES F. KENNEY, LARRY KRASNER, LARRY KRASNER, DANIELLE OUTLAW, Danielle Outlaw, RICHARD ROSS, JR, RICHARD ROSS, JR.Memorandum, certificate of service.(RHODES, BRIAN) |
| Filing 9 NOTICE of Appearance by MEGHAN A. BYRNES on behalf of JAMES F. KENNEY, JAMES F. KENNEY, LARRY KRASNER, LARRY KRASNER, DANIELLE OUTLAW, Danielle Outlaw, RICHARD ROSS, JR, RICHARD ROSS, JR with Certificate of Service(BYRNES, MEGHAN) |
| Filing 8 Letter from the Deputy Clerk to the Honorable John M. Younge to Andrew Teitelman (rf, ) |
| Filing 7 WAIVER OF SERVICE Returned Executed by STEVEN HARTZELL, DAN FARRELLY, MICHAEL MELVIN, JESUS CRUZ, BRION MILLIGAN, MARK PALMA, ROBERT BANNAN. RICHARD ROSS, JR waiver sent on 9/2/2020, answer due 11/2/2020. (TEITELMAN, ANDREW) Modified on 9/10/2020 (lisad, ). |
| Filing 6 WAIVER OF SERVICE Returned Executed by STEVEN HARTZELL, DAN FARRELLY, MICHAEL MELVIN, JESUS CRUZ, BRION MILLIGAN, MARK PALMA, ROBERT BANNAN. Danielle Outlaw waiver sent on 9/2/2020, answer due 11/2/2020. (TEITELMAN, ANDREW) Modified on 9/10/2020 (lisad, ). |
| Filing 5 WAIVER OF SERVICE Returned Executed by STEVEN HARTZELL, DAN FARRELLY, MICHAEL MELVIN, JESUS CRUZ, BRION MILLIGAN, MARK PALMA, ROBERT BANNAN. LARRY KRASNER waiver sent on 9/2/2020, answer due 11/2/2020. (TEITELMAN, ANDREW) Modified on 9/10/2020 (lisad, ). |
| Filing 4 WAIVER OF SERVICE Returned Executed by STEVEN HARTZELL, DAN FARRELLY, MICHAEL MELVIN, JESUS CRUZ, BRION MILLIGAN, MARK PALMA, ROBERT BANNAN. JAMES F. KENNEY waiver sent on 9/2/2020, answer due 11/2/2020. (TEITELMAN, ANDREW) Modified on 9/10/2020 (lisad, ). |
| PLEADING #2,3 MAILED TO THE UNREPS (JL ) Modified on 8/20/2020 (lisad, ). |
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Filing 3
ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE GERALD A. MCHUGH TO HONORABLE OF THE HONORABLE JOHN M. YOUNGE. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 7/27/20. 7/27/20 ENTERED AND COPIES NOT MAILED TO UNREP PARTIES AND E-MAILED.(mbh, )
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Filing 2
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JOHN R. PADOVA TO HONORABLE GERALD A. MCHUGH FOR ALL FURTHER PROCEEDINGS. SIGNED BY HONORABLE JOHN R. PADOVA ON 7/24/2020. 7/24/2020 ENTERED AND COPIES E-MAILED.NOT MAILED TO UNREPS.(sg, ) Modified on 7/27/2020 (lisad, ).
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| Summons Issued as to EMILY BAKER-WHITE, JAMES F. KENNEY, LARRY KRASNER, Danielle Outlaw, RICHARD ROSS, JR. E-MAILED To: COUNSEL on 7/20/2020 (bw, ) |
| DEMAND for Trial by Jury by ROBERT BANNAN, JESUS CRUZ, DAN FARRELLY, STEVEN HARTZELL, MICHAEL MELVIN, BRION MILLIGAN, MARK PALMA. (lisad, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0313-14431393.), filed by JESUS CRUZ-RODRIGUEZ, BRION MILLIGAN, STEVEN HARTZELL, DAN FARRELLY, MICHAEL MELVIN, MARK PALMA, ROBERT BANNAN.(TEITELMAN, ANDREW) |
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