CURDO v. COUNTY OF CHESTER et al
| SAMUEL CURDO |
| COUNTY OF CHESTER, PRIME CARE MEDICAL, INC., JACLYN CASEY, GABRIELLA CHECCI, KAREN MURPHY, DR. MARTIN ZARKOSKI and PRIMECARE MEDICAL, INC. |
| 2:2024cv00132 |
| January 8, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Copy of Order #28 mailed to Curdo. (fdc) |
Filing 28
ORDER THAT PRETRIAL CONFERENCE SET FOR 3/14/2024 08:30 AM IN Telephone Conference BEFORE DISTRICT JUDGE MARK A. KEARNEY. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 2/28/24. 2/29/24 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PLAINTIFF.(jaa, )
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| Filing 27 County of Chester's ANSWER to #2 Complaint together with with Affirmative Defenses by COUNTY OF CHESTER.(GONZALES, JOHN) |
| Copy of Memo and Order #25 and #26 mailed to pro se SAMUEL CURDO. (afm) |
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Filing 26
ORDER DENYING WITHOUT PREJUDICE #8 MOTION FOR PRELIMINARY INJUNCTION. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/21/24. 2/21/24 ENTERED AND COPIES E-MAILED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 25 MEMORANDUM SIGNED BY HONORABLE MARK A. KEARNEY ON 2/21/24. 2/21/24 ENTERED AND COPIES E-MAILED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Filing 24 ANSWER to #2 Complaint together with Affirmative Defenses by JACLYN CASEY, GABRIELLA CHECCI, KAREN MURPHY, PRIMECARE MEDICAL, INC., MARTIN ZARKOSKI. (Attachments: #1 Exhibit A - PrimeCare Records)(NINOSKY, JOHN) |
| DOC. NO. 13 MAILED TO UNREPS ON 2/12/2024. (md) |
| Filing 23 RESPONSE to Motion re #8 MOTION for Preliminary Injunction and Temporary Restraining Order filed by COUNTY OF CHESTER. (GONZALES, JOHN) |
| Filing 22 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by JACLYN CASEY, GABRIELLA CHECCI, KAREN MURPHY, PRIMECARE MEDICAL, INC., MARTIN ZARKOSKI. (Attachments: #1 Exhibit A - Murphy Affidavit, #2 Exhibit B - PrimeCare Records)(NINOSKY, JOHN) |
| Filing 21 NOTICE of Appearance by Jahlee Hatchett on behalf of COUNTY OF CHESTER with Certificate of Service(Hatchett, Jahlee) |
| Filing 20 NOTICE of Appearance by JOHN P. GONZALES on behalf of COUNTY OF CHESTER with Jury Demand, Certificate of Service(GONZALES, JOHN) |
| Filing 19 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRIMECARE MEDICAL, INC..(NINOSKY, JOHN) |
| Filing 18 WAIVER OF SERVICE Returned Executed by MARTIN ZARKOSKI. MARTIN ZARKOSKI waiver sent on 1/31/2024, answer due 4/1/2024. (NINOSKY, JOHN) |
| Filing 17 NOTICE of Appearance by JOHN R. NINOSKY on behalf of JACLYN CASEY, GABRIELLA CHECCI, KAREN MURPHY, PRIMECARE MEDICAL, INC., MARTIN ZARKOSKI with Certificate of Service(NINOSKY, JOHN) |
| Filing 16 SUMMONS Returned Executed by SAMUEL CURDO re: US MARSHALS served Summons and Complaint upon COUNTY OF CHESTER by PERSONAL. COUNTY OF CHESTER served on 2/2/2024, answer due 2/23/2024. (jaa, ) |
| Filing 15 US Marshal Return. Order served on 1/31/24 as to JACLYN CASEY, GABRIELLA CHECCI, KAREN MURPHY, & PRIMECARE MEDICAL, INC.. NOT SERVED as to DR. MARTIN ZARKOSKI. (va) |
| MAILED OUT ORDER ENTRY #13 TO PLAINTIFF ON 1/31/24. (jaa, ) |
| Filing 14 Summons, Complaint & USM-285 Forms Issued as to JACLYN CASEY, GABRIELLA CHECCI, COUNTY OF CHESTER, KAREN MURPHY, PRIMECARE MEDICAL, INC., MARTIN ZARKOSKI. Forwarded To: US MARSHAL on 1/30/24 (va) Modified on 1/30/2024 (va). |
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Filing 13
ORDER THAT THE CLERK OF COURT IS DIRECTED TO ISSUE SUMMONSES FOR JACLYN CASEY, PRIMECARE MEDICAL, INC., KAREN MURPHY, MARTIN ZARKOSKI, GABRIELLA CHECCI, AND COUNTY OF CHESTER; THE CLERK OF COURT IS DIRECTED TO FORWARD THE SUMMONSES, COMPLETED USM-285 FORMS, AND A COPIES OF THE GOVERNING COMPLAINT (ECF NO. #2 ) TO THE U.S. MARSHALS SERVICE. THE CLERK OF COURT IS FURTHER DIRECTED TO RECORD THIS EVENT ON THE DOCKET. SERVICE OF THE SUMMONSES AND THE COMPLAINT SHALL BE MADE UPON THE DEFENDANTS BY THE U.S. MARSHALS SERVICE IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 4. THE 90-DAY TIME PERIOD TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE THE CLERKS OFFICE FORWARDS THE USM-285 FORMS, THE COMPLAINT, AND THE SUMMONSES TO THE U.S. MARSHALS SERVICE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/24. 1/30/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. UNREPS NOT MAILED. (va)
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| Filing 12 US Marshal 285 Forms. (va) |
| DOC. NOS. 10 AND 11 MAILED TO PRO SE CURDO ON 1/29/2024; DOC NOS. 2, 8 AND 11 MAILED TO COLLEEN FRENS, ESQ. (Chester County Solicitor) AND PRIMECARE MEDICAL, INC. ON 1/29/2024. (md) |
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Filing 11
ORDER THAT THE CLERK OF THE COURT SHALL FORTHWITH SERVE THIS ORDER, PLAINTIFFS PRO SE COMPLAINT (ECF NO. 2), AND MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER (ECF NO. 8) UPON CHESTER COUNTY SOLICITOR COLLEEN FRENS, ESQUIRE, 313 W. MARKET ST., SUITE 6702, WEST CHESTER, PA 19380-0991 AND PRIMECARE MEDICAL, INC. C/O TODD HASKINS, 3940 LOCUST LN., HARRISBURG, PA 17109-4023; AND, DEFENDANTS ARE GRANTED LEAVE TO RESPOND TO PLAINTIFFS MOTION (ECF NO. 8) ON OR BEFORE FEBRUARY 9, 2024, SPECIFICALLY ADDRESSING PLAINTIFFS ALLEGED DENIAL OF DENTAL CARE AFTER COMPLAINTS. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/26/24. 1/26/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. UNREPS NOT MAILED. (va) Modified on 1/26/2024 (va).
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Filing 10
ORDER DENYING WITHOUT PREJUDICE #9 MOTION TO APPOINT COUNSEL. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/26/24. 1/26/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 9 MOTION to Appoint Counsel filed by SAMUEL CURDO. Envelope.(va) |
| Filing 8 MOTION for Preliminary Injunction filed by SAMUEL CURDO.Envelope.(va) |
| DOC. NOS. #6 AND #7 ALONG WITH 6 COPIES OF OF USM-285 FORMS MAILED TO PRO SE ON 1/18/24. (amas) |
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Filing 7
ORDER THAT WE AMEND THE CAPTION TO CORRECT THE SPELLING OF THE MEDICAL PROVIDER ENTITY AS PRIMECARE MEDICAL, INC.; WE DISMISS CLAIMS FOR DAMAGES AGAINST INDIVIDUAL DEFENDANTS CASEY, CHECCI, MURPHY, AND ZARKOSKI IN THEIR OFFICIAL CAPACITIES; ALL REMAINING CLAIMS SHALL PROCEED AT THIS TIME TO SERVICE BY THE U.S. MARSHAL SERVICE, IN ACCORDANCE WITH 28 U.S.C. 1915(D) AND FEDERAL RULE OF CIVIL PROCEDURE 4(C)(3), AGAINST ALL DEFENDANTS; THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO PLAINTIFF AT HIS FACILITY ADDRESS ON THE DOCKET TOGETHER WITH ONE COPY OF THE U.S. MARSHAL SERVICE OF PROCESS RECEIPT AND RETURN FORM USM-285 (USM-285 FORM) FOR EACH DEFENDANT LISTED IN PARAGRAPH THREE (3) OF THIS ORDER AND THEN NOTE THE MAILING OF THE FORM(S) ON THE DOCKET; 5. PLAINTIFF MUST COMPLETE A USM-285 FORM FOR EACH DEFENDANT IN THE CAPTION AND RETURN THE COMPLETED FORM(S) TO THE CLERKS OFFICE NO LATER THAN FEBRUARY 6, 2024 TO MOVE FORWARD WITH SERVICE BY THE U.S. MARSHAL SERVICE; THE CLERK OF COURT IS DIRECTED TO DOCKET USM-285 FORMS RETURNED IN THIS CASE; AND, THE CLERK OF COURT SHALL NOT TO ISSUE SUMMONSES AT THIS TIME. WE WILL DIRECT ISSUANCE OF SUMMONSES UPON RECEIPT OF PROPERLY COMPLETED USM-285 FORMS. ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/16/24. 1/16/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) (Main Document 7 replaced on 1/18/2024) (va).
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| Filing 6 MEMORANDUM SIGNED BY HONORABLE MARK A. KEARNEY ON 1/16/24. 1/16/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| COPY OF DOC. NO. 5 HAS BEEN MAILED TO PRO SE. (bw) |
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Filing 5
ORDER GRANTING #1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. PLAINTIFF SHALL PAY THE FULL $350 FEE IN INSTALLMENTS. THE CLERK SHALL SEND A COPY OF THIS ORDER TO THE WARDEN OF CHESTER COUNTY PRISON. THE COMPLAINT IS DEEMED FILED. THE COURT SHALL NOT ISSUE SUMMONS. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/11/24. 1/11/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Copy of #5 Order faxed to Chester County Prison Warden. (va) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES. MAILED TO CURDO. (fdc) |
| Filing 3 Prisoner Trust Fund Account Statement by SAMUEL CURDO. (fdc) |
| Filing 2 COMPLAINT against JACLYN CASEY, GABRIELLA CHECCI, COUNTY OF CHESTER, KAREN MURPHY, PRIME CARE MEDICAL, INC., MARTIN ZARKOSKI, filed by SAMUEL CURDO. *IFP PENDING* (Attachments: #1 Exhibit)(fdc) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by SAMUEL CURDO..(fdc) |
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