CAPPEL et al v. ASTON TOWNSHIP FIRE DEPARTMENT et al
| KEISHA CAPPEL, ALFONSO JONES and The Estate of Tamika Jones |
| ASTON TOWNSHIP FIRE DEPARTMENT, TOWNSHIP OF ASTON, DELAWARE COUNTY PENNSYLVANIA, PROSPECT CROZER, LLC, PROSPECT CCMC, LLC, CHIEF MICHAEL EVANS, KENNY DAWSON, EOIN MARSHALL, AARON KISELA, JOHN DOES 1-25, Thomas Morgan, Sr., Sean Joyce and Tim Boyce |
| 2:2023cv00155 |
| January 13, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN F MURPHY |
| P.I.: Medical Malpractice |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 39
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, MICHAEL EVANS, Sean Joyce, AARON KISELA, EOIN MARSHALL, Thomas Morgan, Sr..Memorandum, Certification, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service, #4 Exhibit)(BENEDICT, ANDREW)
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Filing 38
ORDER granting #36 MOTION FOR LEAVE TO FILE EXCESS PAGES IS GRANTED. DEFENDANTS MAY FILE A MEMORANDUM OF LAW THAT IS 31 PAGES IN LENGTH (NOT INCLUDING THE TABLE OF CONTENTS AND AUTHORITIES AND APPENDED CERTIFICATIONS). SIGNED BY HONORABLE JOHN F MURPHY ON 3/13/23.3/13/23 ENTERED & E-MAILED.(fdc)
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Filing 37
NOTICE of Appearance by ROBERT E. BROOKMAN on behalf of ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, MICHAEL EVANS, Sean Joyce, AARON KISELA, EOIN MARSHALL, Thomas Morgan, Sr. (BROOKMAN, ROBERT)
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Filing 36
MOTION for Leave to File Excess Pages filed by ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, MICHAEL EVANS, Sean Joyce, AARON KISELA, EOIN MARSHALL, Thomas Morgan, Sr..Certificate of Service.(BENEDICT, ANDREW)
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Filing 35
NOTICE of Appearance by ANDREW R. BENEDICT on behalf of Sean Joyce, Thomas Morgan, Sr. (BENEDICT, ANDREW)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for More Definite Statement to Plaintiffs' Amended Complaint filed by TOWNSHIP OF ASTON.Memorandum of Law, Certificate of Counsel and Certificate of Service. (Attachments: #1 Certification)(MCDONOUGH, SUZANNE)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for More Definite Statement to Plaintiffs' Amended Complaint filed by TOWNSHIP OF ASTON. Memorandum of Law, Certificate of Counsel and Certificate of Service. **(FILED IN ERROR, ATTY REFILED AT DOCUMENT #34 USING CORRECT ATTY LOGIN)** (Attachments: #1 Certification)(DIDOMENICIS, ROBERT) Modified on 3/9/2023 (tjd).
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Filing 32
ANSWER to #29 Amended Complaint, by PROSPECT CCMC, LLC, PROSPECT CROZER, LLC.(BROOKS, DONALD)
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Filing 31
ORDER THAT DEFENDANT ASTON TOWNSHIP'S MOTION TO DISMISS #20 IS DENIED AS MOOT. SIGNED BY HONORABLE JOHN F MURPHY ON 2/23/23.2/23/23 ENTERED & E-MAILED.(fdc)
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Filing 30
Summons Issued as to Tim Boyce, Sean Joyce, Thomas Morgan, Sr.. Forwarded To: Kirk W. Mylander on 2/23/23 (fdc)
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Filing 29
AMENDED COMPLAINT against All Defendants All Defendants., filed by ALFONSO JONES, KEISHA CAPPEL, The Estate of Tamika Jones. (Attachments: #1 Complaint Redlined version)(MYLANDER, KIRK) (Main Document 29 replaced on 2/23/2023 as per chambers) (sg). Modified on 2/23/2023 (sg).
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Filing 28
RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement to Plaintiffs' Complaint filed by KEISHA CAPPEL, ALFONSO JONES. (MYLANDER, KIRK)
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Filing 27
STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS ASTON TOWNSHIP FIRE DEPARTMENT; KENNY DAWSON; MICHAEL EVANS; AARON KISELA; EOIN MARSHALL MAY SERVE AND FILE A RESPONSIVE PLEADING OR MOTION TO THE COMPLAINT IS EXTENDED UNTIL 3/13/23. SIGNED BY HONORABLE JOHN F MURPHY ON 2/21/23. 2/21/23 ENTERED & E-MAILED.(fdc)
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Filing 26
STIPULATION FOR EXTENDING TIME FOR ANSWER OR RESPONSE TO THE COMPLAINT by ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, MICHAEL EVANS, AARON KISELA, EOIN MARSHALL. (BENEDICT, ANDREW)
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Filing 25
NOTICE of Appearance by ANDREW R. BENEDICT on behalf of ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, MICHAEL EVANS, AARON KISELA, EOIN MARSHALL with Jury Demand(BENEDICT, ANDREW)
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Filing 24
STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANT, DELAWARE COUNTY PENNSYLVANIA MAY SERVE AND FILE A RESPONSIVE PLEADING OR MOTION TO THE COMPLAINT IS HEREBY EXTENDED UNTIL 2/25/23. SIGNED BY HONORABLE JOHN F MURPHY ON 2/14/23. 2/14/23 ENTERED & E-MAILED.(fdc)
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Filing 23
NOTICE by TOWNSHIP OF ASTON re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement to Plaintiffs' Complaint re Certification of parties having met and conferred relating to Motion to Dismiss (MCDONOUGH, SUZANNE)
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Filing 22
STIPULATION Extending Time to Answer by DELAWARE COUNTY PENNSYLVANIA. (Devlin, John)
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Filing 21
ORDER THAT COUNSEL AN ALL PARTIES ARE GOVERNED BY OUR POLICIES AND PROCEDURES, FOUND ON JUDGE MURPHY'S PAGE AT WWW.PAED.USCOURTS.GOV; AND, IN VIEW OF SECTION 5 OF OUR POLICIES AND PROCEDURES, ANY RULE 12 MOTION TO DISMISS MUST BE ACCOMPANIED BY A CERTIFICATION THAT THE PARTIES HAVE MET AND CONFERRED ON THE SUBSTANCE OF THE MOTION, AND A STATEMENT OF EACH PARTY'S POSITION AND REASONS FOR WHETHER OR NOT DISCOVERY SHOULD PROCEED WHILE THE RULE 12 MOTION IS PENDING, SHALL BE FILED NO LATER THAN 12/16/23. SIGNED BY HONORABLE JOHN F MURPHY ON 2/9/23. 2/9/23 ENTERED & E-MAILED. MAILED TO UNREP. (fdc)
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Set/Reset Scheduling Order Deadlines: MOTION TO DISMISS DUE BY 2/16/2023. (fdc)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for More Definite Statement to Plaintiffs' Complaint filed by TOWNSHIP OF ASTON.Memorandum of Law and Certificate of Service.(MCDONOUGH, SUZANNE)
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Doc. #18 mailed to unrep on 2/8/23. (lisad, )
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Filing 19
NOTICE of Appearance by SUZANNE MCDONOUGH on behalf of TOWNSHIP OF ASTON with Jury Demand and Certificate of Service(MCDONOUGH, SUZANNE)
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Filing 18
STIPULATION AND ORDER THAT PROSPECT CCMC, PROSPECT CROZER, LLC SHALL HAVE AN EXTENSION OF TIME, UNTIL AND INCLUDING 3/3/23 TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IN THE ABOVE-REFERENCED MATTER. SIGNED BY HONORABLE JOHN F MURPHY ON 2/3/23. 2/3/23 ENTERED & E-MAILED.(fdc)
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Filing 17
STIPULATION EXTENDING TIME by PROSPECT CROZER, LLC. (Bond, Andrew)
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Filing 16
AFFIDAVIT of Service by Delaware County Sheriff re: served Complaint upon Kenny Dawson through Mike Evans by Personal representative on 01/23/2023 (MYLANDER, KIRK)
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Filing 15
AFFIDAVIT of Service by William Schneider re: served Complaint upon Eion Marshall by Personal/family on 01/31/2023 (MYLANDER, KIRK)
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Filing 14
AFFIDAVIT of Service by Delaware County Sheriff re: served Complaint upon Mike Evans by Personal on 01/23/23 (MYLANDER, KIRK)
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Filing 13
AFFIDAVIT of Service by Delaware County Sheriff re: served Complaint upon Mike Evans, Aston Township Fire Department by Personal on 01/23/23 (MYLANDER, KIRK)
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Filing 12
AFFIDAVIT of Service by William Schneider re: served Complaint upon Aaron Kisela by Personal on 01/31/2023 (MYLANDER, KIRK)
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Filing 11
NOTICE of Appearance by Andrew John Bond on behalf of PROSPECT CCMC, LLC, PROSPECT CROZER, LLC with Jury Demand and Certificate of Service(Bond, Andrew)
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Filing 10
NOTICE of Appearance by DONALD J. BROOKS, JR on behalf of PROSPECT CCMC, LLC, PROSPECT CROZER, LLC with Jury Demand and Certificate of Service(BROOKS, DONALD)
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Filing 9
AFFIDAVIT of Service by William Schneider re: served Summons and Complaint upon Eileen Bailey by Personal Service on 01/23/2023 (ROBSON, EDWARD)
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Filing 8
AFFIDAVIT of Service by William Schneider re: served Summons and Complaint upon Kevin Jordan by Personal Service on 01/23/2023 (ROBSON, EDWARD)
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Filing 7
AFFIDAVIT of Service by William Schneider re: served Summons and Complaint upon Kevin Jordan by Personal Service on 01/23/2023 (ROBSON, EDWARD)
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Filing 6
AFFIDAVIT of Service by William Schneider re: served Summons and Complaint upon Molly Bensoll by Personal Service on 01/23/2023 (ROBSON, EDWARD)
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Filing 5
NOTICE of Appearance by John Gerard Devlin on behalf of DELAWARE COUNTY PENNSYLVANIA (Devlin, John)
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Filing 4
ORDER THAT THE APPLICATION OS KIRK W. MYLANDER, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN F MURPHY ON 1/24/23. 1/24/23 ENTERED & E-MAILED.(fdc)
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Filing 3
APPLICATION for Admission Pro Hac Vice of Kirk W. Mylander by KEISHA CAPPEL, ALFONSO JONES. ( Filing fee $ 40 receipt number APAEDC-16432051.). (ROBSON, EDWARD)
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Filing 2
Summons Issued as to ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, DELAWARE COUNTY PENNSYLVANIA, MICHAEL EVANS, AARON KISELA, EOIN MARSHALL, PROSPECT CCMC, LLC, PROSPECT CROZER, LLC, TOWNSHIP OF ASTON. Forwarded To: Edward S. Robson on 1/13/23 (fdc)
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Filing 1
COMPLAINT against ASTON TOWNSHIP FIRE DEPARTMENT, KENNY DAWSON, DELAWARE COUNTY PENNSYLVANIA, JOHN DOES, MICHAEL EVANS, AARON KISELA, EOIN MARSHALL, PROSPECT CCMC, LLC, PROSPECT CROZER, LLC, TOWNSHIP OF ASTON ( Filing fee $ 402 receipt number APAEDC-16430332.), filed by ALFONSO JONES, KEISHA CAPPEL(PERSONAL REPRESENTATIVE FOR THE ESTATE OF TAMIKA JONES, DECEASED), KEISHA CAPPEL. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(ROBSON, EDWARD)
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