VEGA et al v. COLUMBIA BOROUGH et al
| BENJAMIN VEGA and FRANKLIN VEGA |
| OFFICER JESSEE ZIMMERMAN, COLUMBIA BOROUGH POLICE DEPARTMENT, COLUMBIA BOROUGH and OFFICER EDGAR L. MANN |
| 5:2008cv05932 |
| December 23, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Civil Rights: Other Office |
| Lancaster |
| THOMAS M GOLDEN |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 34
ORDER THAT UPON CONSIDERATION OF THE FACTS PRESENTED IN PLAINTIFFS' PETITION AND THE FACTS TESTFIED TO AT A HEARING UPON THE MATTER THAT IMMEDIATE PAYMENT OF THE TOTAL SUM OF TEN THOUSAND DOLLARS ($10,000), WITH FULL CONTRIBUTION BY COLUMBIA BOROUGH, SHALL BE MADE AS FOLLOWS: TO B.V. PER PARAGRAPH 16 ABOVE $7,500 BALANCE; TO CLYMER, MUSSER, BROWN & CONRAD, P.C. $2,500 COUNSEL FEES. IT IS FURTHER ORDERED THAT $7,500 IS TO BE DEPOSITED IN A SAVINGS ACCOUNT IN THE NAME OF B.V., A MINOR, IN A BANK, BUILDING AND LOAN ASSOCIATION OR SAVINGS AND LOAN ASSOCIATION INSURED BY A FEDERAL AGENCY, THE ACCOUNT AND DEPOSIT BOOK TO BE MARKED, "NOT SUBJECT TO ANY WITHDRAWAL UNTIL SAID B.V., BORN XXX XX, 2005, BECOMES OF AGE OR UNTIL FURTHER ORDER OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA," PROVIDED, HOWEVER, THAT THE DEPOSITORY IS AUTHORIZED TO RELEASE, UPON WRITTEN REQUEST OF BOTH PARENTS OR BOTH PERSONS MAINTAINING THE MINOR, SUFFICIENT FUNDS TO PAY ANY INCOME TAX LIABILITY OF THE MINOR INCLUDING REASONABLE COSTS OF PREPARATION OF RETURNS. IT IS FURTHER ORDERED THAT BOTH FRANKLIN VEGA AND SANDY VEGA WILL BE LISTED AS CO-GUARDIANS ON THE ACCOUNT. UPON THE MINOR ATTAINING MAJORITY, THE SAID FUNDS MAY BE WITHDRAWN UPON THE ORDER OF THE LATE MINOR WITHOUT FURHTER ORDER OF THE COURT. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 7/6/10. 7/8/10 ENTERED AND COPIES E-MAILED.(mas, )
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Filing 31
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE THOMAS M. GOLDEN ON 6/14/2010. 6/14/2010 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(mls, )
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Filing 33
ORDER THAT IN THIS MATTER, UPON CONSIDERATION OF THE FACTS PRESENTED IN PLAINTIFFS' PETITION AND THE FACTS TESTIFIED TO AT A HEARING UPON THE MATTER THAT IMMEDIATE PAYMENT OF THE TOTAL SUM OF TEN THOUSAND DOLLARS ($10,000), WITH FULL CONTRIBUTION BY COLUMBIA BOROUGH, SHALL BE MADE AS FOLLOWS: TO B.V. PER PARAGRAPH 16 ABOVE $7,500 BALANCE; TO CLYMER, MUSSER, BROWN & CONRAD, P.C. $2,500 COUNSEL FEES. IT IS FURTHER ORDERED THAT $7,500 IS TO BE DEPOSITED IN A SAVINGS ACCOUNT IN THE NAME OF B.V., A MINOR, IN A BANK, BUILDING AND LOAN ASSOCIATION OR SAVINGS AND LOAN ASSOCIATION INSURED BY A FEDERAL AGENCY, THE ACCOUNT AND DEPOSIT BOOK TO BE MARKED, "NOT SUBJECT TO ANY WITHDRAWAL UNTIL SAID B.V., BORN XXX, XX, 2005, BECOMES OF AGE OR UNTIL FURTHER ORDER OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, PROVIDED, HOWEVER, THAT EH DEPOSITORY IS AUTHORIZED TO RELEASE, UPON WRITTEN REQUEST OF THE PARENT OR OTHER PERSON MAINTAINING THE MINOR, SUFFICIENT FUNDS TO PAY ANY INCOME TAX LIABILITY OF THE MINOR INCLUDING REASONABLE COSTS OF PREPARATION OF RETURNS." UPON THE MINOR ATTAINING MAJORITY, THE SAID FUNDS MAY BE WITHDRAWN UPON THE ORDER OF THE LATE MINOR WITHOUT FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 6/10/10. 6/14/10 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 32 Minute Entry for proceedings held before HONORABLE THOMAS M. GOLDEN: Hearing to Compromise Minor Settlement Notice held on 6/8/10. Plaintiff's attorney speaks in support of #29 Motion to Compromise Settlement. Judge signs Order approving settlement. 6/8/10. (mas, ) |
| Filing 30 NOTICE of Hearing to Compromise Minor Settlement: HEARING TO COMPROMISE MINOR SETTLEMENT SET FOR 6/10/2010 AT 10:00 AM BEFORE HONORABLE THOMAS M. GOLDEN IN THE UNITED STATES DISTRICT COURT, THE MADISON BUILDING, 400 WASHINGTON STREET, READING, PA 19601.(mls, ) |
| Filing 29 MOTION for Approval of a Minor's Compromise filed by BENJAMIN VEGA, FRANKLIN VEGA.. (Attachments: #1 Exhibit "A" - General Release)(DYE, DAVID) |
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Filing 28
STIPULATION AND ORDER THAT IT IS HEREBY STIPULATED AND AGREED, BY AND AMONG THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL, THAT THE INDIVIDUAL DEFENDANTS, OFFICER EDGAR L. MANN AND OFFICER JESSE ZIMMERMAN, ARE DISMISSED, WITH PREJUDICE, AS PARTIES TO THIS LITIGATION, AND ALL CLAIMS BY AND AGAINST DEFENDANTS, OFFICER EDGAR L. MANN AND OFFICER JESSE ZIMMERMAN, ARE STRICKEN. IT IS FURTHER STIPULATED AND AGREED THAT THIS STIPULATION MAY BE SUBMITTED TO THE COURT FOR APPROVAL AND MAY BE SIGNED IN COUNTERPARTS AND FILED WITH THE COURT IN THAT MANNER. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 4/27/10. 4/29/10 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 27 Minute Entry for proceedings held before HONORABLE THOMAS M. GOLDEN: Settlement Conference held on 4/27/10. A settlement conference was held and not placed on the record. (mas, ) |
| Filing 26 NOTICE of Withdrawal of Appearance by MICHAEL T. TAYLOR on behalf of COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN (Attachments: #1 Certificate of Service)(TAYLOR, MICHAEL) |
| Filing 25 NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 4/27/2010 at 10:00 AM IN Reading, 400 Washington St., 4th fl BEFORE HONORABLE THOMAS M. GOLDEN.(tl, ) |
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Filing 24
ORDER THAT PLAINTIFF'S MOTION TO STAY ALL PROCEEDINGS IS GRANTED. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 3/11/10. 3/12/10 ENTERED AND COPIES E-MAILED.(mas, ) (Additional attachment(s) added on 3/17/2010: #1 Order) (mas, ).
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| Filing 23 Minute Entry for proceedings held before HONORABLE THOMAS M. GOLDEN: Status Conference held on 3/10/10. Court Reporter: None. (er, ) |
| Filing 22 NOTICE of Appearance by SUSAN L. DIGIACOMO on behalf of COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN with Jury Demand and Certificate of Service (Attachments: #1 Certificate of Service)(DIGIACOMO, SUSAN) |
| Filing 21 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 3/10/2010 at 11:00 AM BEFORE HONORABLE THOMAS M. GOLDEN.(tl, ) |
| Filing 20 Minute Entry for proceedings held before MAGISTRATE JUDGE ARNOLD C. RAPOPORT: Settlement Conference held on 11/19/09. An in person settlement conference was conducted in this case. This proceeding was not placed on the record. (mas, ) |
| Filing 19 MOTION to Quash Document Subpoena filed by FRANKLIN VEGA.Brief. (Attachments: #1 Supplement Brief in Support of Motion to Quash)(DYE, DAVID) |
| AMENDED PLEADINGS DUE BY 11/5/2009. (afm, ) |
| Filing 18 JURY TRIAL SCHEDULING ORDER THAT DISCOVERY DUE BY 3/11/2010; JURY SELECTION SET FOR 10/7/2010 09:30 AM IN PHILADELPHIA BEFORE HONORABLE THOMAS M. GOLDEN; TRIAL DATE SET FOR 10/12/2010 09:30 AM IN READING BEFORE HONORABLE THOMAS M. GOLDEN; PLAINTIFF AND DEFENDANT PRETRIAL MEMO DUE BY 8/12/2010; MOTIONS IN LIMINE DUE BY 9/2/2010; FINAL PRETRIAL CONFERENCE SET FOR 9/23/2010 09:30 AM IN READING BEFORE HONORABLE THOMAS M. GOLDEN. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 10/9/09. 10/13/09 ENTERED AND COPIES E-MAILED.(mas, ) |
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Filing 17
ORDER THAT THIS MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE ARNOLD C. RAPOPORT TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 10/9/09. 10/13/09 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 16 Minute Entry for proceedings held before HONORABLE THOMAS M. GOLDEN: Rule 16 Conference held on 10/8/09 Court Reporter: none. (er, ) |
| Filing 15 NOTICE of TELEPHONE CONFERENCE: TELEPHONE CONFERENCE SET FOR 10/8/2009 AT 10:30 AM BEFORE HONORABLE THOMAS M. GOLDEN. COURT DIRECTS PLAINTIFFS' COUNSEL TO INITIATE THE CALL TO ALL PARTIES AND TO CHAMBERS.(mls, ) |
| Filing 14 ANSWER to #1 Complaint, by COLUMBIA BOROUGH, EDGAR L. MANN, JESSEE ZIMMERMAN with Affirmative Defenses, Certificate of Service. (TAYLOR, MICHAEL) Modified on 8/20/2009 (nd, ). |
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Filing 13
ORDER THAT COLUMBIA BOROUGH POLICE DEPARTMENT IS DISMISSED AS A PARTY TO THIS CIVIL ACTION, BY STIPULATION OF THE PARTIES; COUNTS TWO AND THREE ARE LIMITED TO ALLEGED VIOLATIONS OF THE FOURTH AMENDMENT, ACTIONABLE HERE THROUGH 42 U.S.C. 1983, BY STIPULATION OF THE PARTIES; COUNT FOUR IS DISMISSED, BY STIPULATION OF THE PARTIES; COUNT SIX IS DISMISSED, BY ORDER OF THE COURT; AND ALL OTHER CLAIMS AGAINST THE REMAINING DEFENDANTS SURVIVE THE INSTANT MOTION TO DISMISS, INCLUDING THE CLAIMS ASSERTED AGAINST COLUMBIA BOROUGH IN COUNTS TWO AND THREE. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 7/14/09. 7/15/09 ENTERED AND COPIES E-MAILED.(er, )
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| Filing 12 MEMORANDUM OPINION AS TO MOTION TO DISMISS PORTIONS OF PLAINTIFF'S COMPLAINT. THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 7/14/09. 7/15/09 ENTERED AND COPIES E-MAILED.(er, ) |
| Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss Portions of Plaintiffs' Complaint filed by FRANKLIN VEGA, BENJAMIN VEGA, Certificate of Service. (DYE, DAVID) Modified on 3/23/2009 (nd, ). |
| Filing 10 MOTION to Dismiss Portions of Plaintiffs' Complaint filed by COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN.Brief and Certificate of Service.(TAYLOR, MICHAEL) |
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Filing 9
STIPULATION AND ORDER THAT THE DEFT. SHALL HAVE UNTIL 3/2/09 IN ORDER TO ANSWER OR, IN ANY OTHER WAY, RESPOND TO PLAINTIFFS' COMPLAINT, ETC. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 1/28/09. 2/2/09 ENTERED AND COPIES E-MAILED.(er, )
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| ***Update Answer Deadline (er, ) |
| Filing 8 Stipulation for Extension of Time to File Response to Plaintiffs' Complaint filed by COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN. (TAYLOR, MICHAEL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/3/2009 (nd). |
| Filing 7 NOTICE of Appearance by MICHAEL T. TAYLOR on behalf of COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN with Jury Demand and Certificate of Service (Attachments: #1 Certificate of Service)(TAYLOR, MICHAEL) |
| Filing 6 NOTICE of Appearance by ANDREW J. BELLWOAR on behalf of COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN with Jury Demand and Certificate of Service (Attachments: #1 Certificate of Service)(BELLWOAR, ANDREW) |
| Filing 5 SUMMONS Returned Executed by FRANKLIN VEGA re: Crill, David served Summons and Complaint upon JESSEE ZIMMERMAN by hand delivery upon an agent for the Defendant Police Department. JESSEE ZIMMERMAN served on 1/12/2009, answer due 2/2/2009. (BROWN, LEONARD) |
| Filing 4 SUMMONS Returned Executed by FRANKLIN VEGA re: Crill, David served Summons and Complaint upon COLUMBIA BOROUGH POLICE DEPARTMENT by hand delivery upon agent for the Defendant Police Department. COLUMBIA BOROUGH POLICE DEPARTMENT served on 1/12/2009, answer due 2/2/2009. (BROWN, LEONARD) |
| Filing 3 SUMMONS Returned Executed by EDGAR L. MANN re: Crill, David served Summons and Complaint upon EDGAR L. MANN by Hand delivery upon agent for Defendant Police Department. EDGAR L. MANN served on 1/12/2009, answer due 2/2/2009. (BROWN, LEONARD) |
| Filing 2 SUMMONS Returned Executed by COLUMBIA BOROUGH re: Crill, David served Summons and Complaint upon COLUMBIA BOROUGH by Hand delivery to agent for Defendant. COLUMBIA BOROUGH served on 1/12/2009, answer due 2/2/2009. (BROWN, LEONARD) |
| Filing 1 COMPLAINT against COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN ( Filing fee $ 350 receipt number 953844.), filed by FRANKLIN VEGA, BENJAMIN VEGA.(ti, ) (Additional attachment(s) added on 1/8/2009: # 1 COMPLAINT) (fh) |
| Summons Issued as to COLUMBIA BOROUGH, COLUMBIA BOROUGH POLICE DEPARTMENT, EDGAR L. MANN, JESSEE ZIMMERMAN. Four Originals Forwarded To: Counsel on 12/23/08 (ti, ) |
| DEMAND for Trial by Jury by FRANKLIN VEGA, BENJAMIN VEGA. (ti, ) |
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