WHITE v. KELSO et al
| CALVIN WHITE |
| OFFICER JAMES KELSO and BOROUGH OF DARBY |
| 2:2022cv02085 |
| May 27, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 AMENDED ORDER. ORDER THAT PLAINTIFF'S "ANSWER TO AFFIRMATIVE DEFENSES" #17 IS STRICKEN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/19/22. 7/19/22 ENTERED & E-MAILED.(fdc) |
Filing 18
ORDER THAT PLAINTIFF'S "ANSWER" TO AFFIRMATIVE DEFENSES #15 IS STRICKEN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/19/22. 7/19/22 ENTERED & E-MAILED.(fdc)
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| Filing 17 Response in Opposition to Defendants Affirmative Defenses by CALVIN WHITE. **(STRICKEN PER ORDER #19 )** (MUNLEY, JONATHAN) Modified on 7/20/2022 (tjd). |
| Filing 16 ANSWER to #13 Amended Complaint with Affirmative Defenses by JAMES KELSO.(DIDOMENICIS, ROBERT) |
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Filing 15
ORDER THAT THE JUNE 24, 2022 ORDER #11 IS AMENDED PROSPECTIVELY ONLY TO REASSIGN SETTLEMENT PROCEEDINGS FROM JUDGE HEFFLEY TO JUDGE LLORET. THIS ORDER DOES NOT VACATE THE PREVIOUSLY SCHEDULED CONFERENCE #12 SUBJECT TO RESCHEDULING ONLY AS NECESSARY IN JUDGE LLORET'S SCHEDULE; AND, PLAINTIFF'S COUNSEL SHALL CONTACT JUDGE LLORET'S CHAMBERS NO LATER THAN 7/12/22 TO COORDINATE THE SCHEDULING AND LOGISTICS FOR A MEANINGFUL SETTLEMENT CONFERENCE CONSISTENT WITH THE PARTIES' OBLIGATIONS UNDER OUR JUNE 24, 2022 ORDER #11 AND UNDER FRCP 1. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/8/22. 7/8/22 ENTERED & E-MAILED.(fdc)
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Filing 14
ORDER THAT PLAINTIFF'S AMENDED COMPLAINT #13 IS STRICKEN WITHOUT PREJUDICE TO PLAINTIFF TIMELY MOVING FOR LEAVE TO AMEND CONSISTENT WITH OUR POLICIES AND PROCEDURES. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/22. 7/6/22 ENTERED & E-MAILED.(fdc)
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| Filing 13 AMENDED COMPLAINT against All Defendants All Defendants., filed by CALVIN WHITE. **(STRICKEN PER ORDER #14 )**(MUNLEY, JONATHAN) Modified on 7/7/2022 (tjd). |
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Filing 12
ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 8/31/2022, AT 9:30 AM, VIA TELECONFERENCE, BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 6/24/22. 6/24/22 ENTERED AND COPIES E-MAILED.(amas)
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Filing 11
SCHEDULING ORDER. ORDER THAT THIS MATTER IS REFERRED TO MAGISTRATE JUDGE HEFFLEY FOR ALL SETTLEMENT PURPOSES. ALL MOTIONS TO FURTHER AMEND THE PLEADINGS AND TO JOIN OR ADD ADDITIONAL PARTIES SHALL BE FILED BY 7/29/22. A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON 11/14/22 AT 8:45 AM IN BEFORE HONORABLE MARK A. KEARNEY. DISCOVERY DUE BY 9/9/22. JURY SELECTION SET FOR 11/16/22 AT 9:00 AM IN COURTROOM 6B BEFORE HONORABLE MARK A. KEARNEY. MOTIONS DUE BY 9/15/2022. MOTIONS IN LIMINE DUE BY 11/1/22. MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, ARE DUE BY 9/15/22. PLAINTIFF PRETRIAL MEMO DUE BY 10/27/22. DEFENDANT PRETRIAL MEMO DUE BY 10/27/22. TRIAL DATE SET FOR 11/16/2022 09:00 AM IN COURTROOM 6B BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/24/22. 6/24/22 ENTERED & E-MAILED.(fdc)
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Filing 10
ORDER THAT DEFENDANTS' #2 MOTION FOR PARTIAL DISMISSAL IS GRANTED. BOROUGH OF DARBY IS DISMISSED WITH PREJUDICE AS TO THE STATE LAW ASSAULT AND BATTERY CLAIM AND WITHOUT PREJUDICE AS TO THE CIVIL RIGHTS CLAIMS AND THE CLERK OF COURT SHALL AMEND THE CAPTION AS ABOVE. DEFENDANT SHALL ANSWER THE REAMINING ALLEGATIONS AS TO EXCESSIVE FORCE UNDER FEDERAL LAW AND ASSAULT AND BATTERY AGAINST OFFICER KELSO NO LATER THAN 7/8/22. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/24/22.6/24/22 ENTERED & E-MAILED.(fdc)
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| Filing 9 NOTICE of Appearance by JONATHAN V. MUNLEY on behalf of CALVIN WHITE (MUNLEY, JONATHAN) |
| Filing 8 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Pretrial/RULE 16 Conference held on 6/24/22. (JL) |
| Filing 7 RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiff's Complaint filed by CALVIN WHITE. (VANDERVEEN, MICHAEL) |
| Filing 6 RULE 26(f) MEETING OF COUNSEL ON JUNE 15, 2022 by All Plaintiffs.(VANDERVEEN, MICHAEL) Modified on 6/22/2022 (tjd). |
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Filing 5
ORDER THAT THE INTIAL PRETRIAL CONFERENCE IS RESCHEDULED FOR 6/24/22 AT 8:45 AM BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/17/22. 6/17/22 ENTERED & E-MAILED.(fdc)
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| Filing 4 Original Record together with certified copy of docket entries received from Court of Common Pleas of Delaware County. (ke) |
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Filing 3
ORDER THAT AN INITIAL PRETRIAL CONFERENCE INCLUDING ARGUMENT ON THE MOTION TO DISMISS #2 IF STILL PENDING OVER THE TELEPHONE ON 6/21/22 AT 8:45 AM. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/7/22. 6/7/22 ENTERED & E-MAILED.(fdc)
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| Filing 2 MOTION FOR PARTIAL DISMISSAL UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) to Plaintiff's Complaint filed by BOROUGH OF DARBY, JAMES KELSO. Memorandum of Law and Certificate of Service.(DIDOMENICIS, ROBERT) Modified on 6/7/2022 (tjd). |
| Filing 1 NOTICE OF REMOVAL by DARBY BOROUGH, JAMES KELSO (Filing fee $ 402 receipt number APAEDC-15949380), filed by DARBY BOROUGH, JAMES KELSO. (Attachments: #1 Civil Cover Sheet, Designation Form, Case Management Track Designation Form)(DIDOMENICIS, ROBERT) |
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