EGGLESTON v. JOHN/JANE DOES I-III et al
| WESLEY LEE EGGLESTON, II |
| TROOPER JOSHUA MEASE, TROOPER JAMES MCKEE, TROOPER JOHN PROVENCE and OFFICER JUSTIN FONOCK |
| 2:2026cv00270 |
| January 16, 2026 |
| U.S. District Court for the Eastern District of Pennsylvania |
| SCOTT W REID |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
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Filing 39
ORDER THAT WE REFER ALL FURTHER MATTERS IN THIS MATTER TO THE HONORABLE SCOTT W. REID FOR CASE MANAGEMENT AND TRIAL. VACATE THE PARTIES PROSPECTIVE OBLIGATIONS UNDER OUT 6/16/26 ORDER INCLUDING CANCELLING TOMORROW INITIAL PRETRIAL CONFERENCE BEFORE US BUT REQUIRING PLAINTIFF'S COUNSEL, NO LATER THAN 7/1/25, CONTACT JUDGE REID'S CHAMBERS TO CONFIRM A RESCHEDULED INITIAL PRETRIAL CONFERENCE; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 6/29/26. (Attachments: #1 CLERKS' MAGISTRATE ASSIGNMENT SHEET) 6/29/26 ENTERED AND E-MAILED.(JL)
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| Filing 38 Report Of Rule 26(f) Meeting by WESLEY LEE EGGLESTON, II. (GOLDMAN, ROBERT) |
| Filing 37 ANSWER to #24 Amended Complaint with Affirmative Defenses by JUSTIN FONOCK.(Badami, Joseph) |
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Filing 36
ORDER THAT THE PLAINTIFF'S LETTER REQUEST TO RESCHEDULE THE INITIAL PRETRIAL CONFERENCE IS GRANTED AND WE AMEND OUR 6/8/26 ORDER ONLY TO: RESCHEDULE THE TELEPHONIC INITIAL PRETRIAL CONFERENCE FOR 6/30/26 AT 8:45 A.M.; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 6/16/26. 6/16/26 ENTERED AND E-MAILED.(JL)
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Filing 35
ORDER THAT AN INITIAL PRETRIAL CONFERENCE OVER THE TELEPHONE WILL BE HELD ON 6/25/26 AT 8:45 A.M. VIA ZOOM; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 6/8/26. 6/8/26 ENTERED AND E-MAILED.(JL)
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Filing 34
ORDER THAT OFFICER FONOCK'S MOTION TO DISMISS IS GRANTED IN PART. OFFICER FONOCK'S MOTION DISMISSING PLAINTIFF'S OFFICIAL CAPACITY CLAIMS AS WITHDRAWN. DENY THE REMAINING ARGUMENTS IN OFFICER FONOCK'S MOTION (ECF 32) FINDING PLAINTIFF'S SUFFICIENTLY PLEADS FACTS ALLOWING US TO PLAUSIBLY INFER A BASIS FOR HIS: EXCESSIVE FORCE AND UNLAWFUL SEIZURE CLAIMS; CIVIL RIGHTS AND CIVIL CONSPIRACY CLAIMS; PUNITIVE DAMAGES PRAYER; GRANT OFFICER FONOCK LEAVE TO FILE AN ANSWER NO LATER THAN 6/22/26; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 6/8/26.6/8/26 ENTERED AND E-MAILED.(JL)
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| Filing 33 RESPONSE in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WESLEY LEE EGGLESTON, II. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(GOLDMAN, ROBERT) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JUSTIN FONOCK.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Exhibit A)(Badami, Joseph) |
| Filing 31 SUMMONS Returned Executed by WESLEY LEE EGGLESTON, II re: Derek Hand served Summons and Complaint upon JAMES MCKEE by person designated by law to accept service of process on behalf of the named Defendant. JAMES MCKEE served on 5/11/2026, answer due 6/1/2026. (GOLDMAN, ROBERT) |
| Filing 30 ANSWER to #24 Amended Complaint by JAMES MCKEE, JOHN PROVENCE.(Mayer, Julia) |
| Filing 29 ANSWER to #24 Amended Complaint by JOSHUA MEASE.(Mayer, Julia) |
| Filing 28 WAIVER OF SERVICE Returned Executed by WESLEY LEE EGGLESTON, II. JUSTIN FONOCK waiver sent on 3/24/2026, answer due 5/26/2026. (GOLDMAN, ROBERT) |
| Filing 27 NOTICE of Appearance by Christopher Michael Gallagher on behalf of JUSTIN FONOCK with Certificate of Service(Gallagher, Christopher) |
| Filing 26 NOTICE of Appearance by Joseph Micheal Badami on behalf of JUSTIN FONOCK with Certificate of Service(Badami, Joseph) |
| Filing 25 Summons Issued as to JUSTIN FONOCK, JAMES MCKEE, JOSHUA MEASE, JOHN PROVENCE. Forwarded To: E-MAILED TO PLAINTIFF'S COUNSEL on 3/23/26 (JL) |
| Filing 24 AMENDED COMPLAINT against JOSHUA MEASE, JAMES MCKEE, JOHN PROVENCE, JUSTIN FONOCK, filed by WESLEY LEE EGGLESTON, II. (Attachments: #1 Exhibit Attachment - Redlined)(GOLDMAN, ROBERT) |
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Filing 23
ORDER THAT DEFENDANTS BOROUGH OF PARKESBURG, CHIEF RYAN MURTAGH AND MAYOR JOHN P. HAGAN'S UNCONTESTED MOTION TO DISMISS COUNTS 6 (MONELL POLICY MAKER LIABILITY AGAINST THE BOROUGH, JOHN J. HAGEN, II AND CHIEF RYAN MURTAGH) AND 7( MONELL MUNICIPAL LIABILITY AGAINST BOROUGH) WITH PREJUDICE; AND PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT CONSISTENT WITH RULE 15 BY NO LATER THAN 3/27/26; AND DIRECT THE CLERK OF COURT AND PARTIES AMEND THE CAPTION TO REFLECT DISMISSAL OF ALL CLAIMS AGAINST THE BOROUGH MAYOR JOHN J. HAGAN, II AND CHIEF RYAN MURTAGH; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 3/19/26.3/19/26 ENTERED AND E-MAILED.(JL)
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| Filing 22 RESPONSE to Motion re #21 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WESLEY LEE EGGLESTON, II. (Attachments: #1 Text of Proposed Order)(GOLDMAN, ROBERT) |
| Set/Reset Scheduling Order Deadlines: AMENDED PLEADINGS DUE BY 3/27/2026. (JL) |
| Filing 21 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A)(Badami, Joseph) |
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Filing 20
ORDER denying #19 noncompliant Motion to dismiss without prejudice to, on or before March 9, 2026, file an Answer or move for relief compliant with our Policies (Feb. 2026) including as to length of Motions and a meaningful fulsome description of the Opposition in the Motion (IV.B.). SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON March 5, 2026. March 5, 2026 ENTERED AND COPIES MAILED AND E-MAILED. (KEARNEY, MARK)
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| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A)(Badami, Joseph) |
| Filing 18 NOTICE of Appearance by Joseph Micheal Badami on behalf of BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH with Certificate of Service(Badami, Joseph) |
| Filing 17 NOTICE of Appearance by Julia Christina Mayer on behalf of FORMER PSP COMMISSIONER CHRISTOPHER PARIS with Certificate of Service(Mayer, Julia) |
| Filing 16 WAIVER OF SERVICE Returned Executed by FORMER PSP COMMISSIONER CHRISTOPHER PARIS. FORMER PSP COMMISSIONER CHRISTOPHER PARIS waiver sent on 1/20/2026, answer due 3/23/2026. (Mayer, Julia) |
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Filing 15
ORDER THAT DEFENDANTS BOROUGH OF PARKESBURG BOROUGH, HAGEN AND MURTAGH'S MOTION TO AMEND THEIR OBLIGATIONS IS GRANTED LEAVE TO RESPOND TO THE COMPLAINT BY 3/5/26; ETC.. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON 2/18/26.2/18/26 ENTERED AND E-MAILED.(JL)
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| Filing 14 Memorandum in Response re #12 MOTION for Extension of Time to File Answer to Complaint MOTION for Extension of Time to File Response/Reply filed by WESLEY LEE EGGLESTON, II. (Attachments: #1 Exhibit A - 2/11/26 correspondence)(GOLDMAN, ROBERT) |
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Filing 13
ORDER, upon reviewing certain Borough Defendants' Motion to amend #12 their response obligations and reporting as to Plaintiffs' conditions for consent, GRANTING: Defendants leave to email the counsels' communications as to a good faith meet and confer to our Chambers' email by no later than 8:30 AM on February 17, 2026; and, Plaintiffs leave to respond to the Motion #12 in memoranda not exceeding three pages including explaining their lack of consent for a two week extension and detailing the service upon the remaining named officer (and his expected response date) by no later than NOON EST on February 17, 2026. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON February 13, 2026. February 13, 2026 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK)
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| Filing 12 MOTION for Extension of Time to File Answer to Complaint, MOTION for Extension of Time to File Response/Reply filed by BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GALLAGHER, CHRISTOPHER) |
| Set/Reset Deadlines as to #12 MOTION for Extension of Time to File Answer to Complaint MOTION for Extension of Time to File Response/Reply . RESPONSES DUE BY 2/17/2026 NOON. (uh) |
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Filing 11
ORDER DENYING noncompliant #10 Motion seeking to amend less than all Defendants' response dates without prejudice to timely move to amend obligations compliant with our Policies including showing initial good faith mediation efforts and representing the views of all served parties as to the requested longer extension after a meaningful meet and confer. SIGNED BY DISTRICT JUDGE MARK A. KEARNEY ON February 12, 2026.February 12, 2026 ENTERED AND COPIES MAILED AND E-MAILED.(KEARNEY, MARK)
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| Filing 10 MOTION for Extension of Time to File Answer filed by BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH.Order and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(GALLAGHER, CHRISTOPHER) |
| Filing 9 NOTICE of Appearance by CHRISTOPHER GALLAGHER on behalf of BOROUGH OF PARKESBURG, JOHN P. HAGAN, II, RYAN MURTAGH with Certificate of Service (Attachments: #1 Certificate of Service)(GALLAGHER, CHRISTOPHER) |
| Filing 8 SUMMONS Returned Executed by WESLEY LEE EGGLESTON, II re: Mike Gallela served Summons and Complaint upon BOROUGH OF PARKESBURG by person designated by law to accept service of process on behalf of the named Defendant. BOROUGH OF PARKESBURG served on 1/29/2026, answer due 2/19/2026. (GOLDMAN, ROBERT) |
| Filing 7 SUMMONS Returned Executed by WESLEY LEE EGGLESTON, II re: Mike Gallela served Summons and Complaint upon RYAN MURTAGH by person designated by law to accept service of process on behalf of the named Defendant. RYAN MURTAGH served on 1/29/2026, answer due 2/19/2026. (GOLDMAN, ROBERT) |
| Filing 6 SUMMONS Returned Executed by WESLEY LEE EGGLESTON, II re: Mike Gallela served Summons and Complaint upon JOHN P. HAGAN, II by person designated by law to accept service of process on behalf of the named Defendant. JOHN P. HAGAN, II served on 1/29/2026, answer due 2/19/2026. (GOLDMAN, ROBERT) |
| Filing 5 Summons Issued as to BOROUGH OF PARKESBURG, FORMER PSP COMMISSIONER CHRISTOPHER PARIS, JOHN P. HAGAN, II, RYAN MURTAGH. Forwarded To: E-MAILED TO PLAINTIFF'S COUNSEL on 1/16/26 (JL) |
| Filing 4 NOTICE by WESLEY LEE EGGLESTON, II re #1 Complaint (Attorney) Designation Form (GOLDMAN, ROBERT) |
| Filing 3 Notice re: Availability of Court-Annexed Mediation (sbt) |
| Filing 2 Opt In Notice of Procedure to Consent to Random Magistrate Judge Assignment (Attachments: #1 Consent)(sbt) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-18899671.), filed by WESLEY LEE EGGLESTON, II. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(GOLDMAN, ROBERT) |
| Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file DESIGNATION FORM in this case using the Notice (Other) docket event located in the Notices category. The statement certifying if the case is related needs to be answered. (sbt) |
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