FENNELL v. HORVATH et al

FENNELL v. HORVATH et al

Plaintiff:	JAMARCUS FENNELL
Defendant:	CORRECTIONS OFFICER CROWLEY, CORRECTIONS OFFICER FRANCIS, CORRECTIONS OFFICER WATERMAN, CORRECTIONS OFFICER THORMAN, LIEUTENANT LUIS CRUZ, CORRECTIONS OFFICER LAFRAGOLA, CORRECTIONS OFFICER JASON WAGNER, LIEUTENANT HEINRICH, LIEUTENANT DIACOGIANNIS, CHARLES HORVATH, CORRECTIONS OFFICER MICHAEL GAZZANO, LIEUTENANT RINKER, CORRECTIONS OFFICER JOHN COLARUSSO and CORRECTIONS OFFICER NICHOLAS
Case Number:	5:2019cv04183
Filed:	September 11, 2019
Court:	US District Court for the Eastern District of Pennsylvania
Presiding Judge:	MARK A KEARNEY
Nature of Suit:	Prisoner Petitions: Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 17, 2021	Filing 104 STIPULATION of Dismissal for Voluntary Dismissal (Joint) by JOHN COLARUSSO, RINKER, THE COUNTY OF NORTHAMPTON, THORMAN, WATERMAN. (MACMAIN, DAVID)
March 17, 2021	Filing 103 ORDER THAT THE PARTIES' ATTACHED STIPULATION IS APPROVED AND THE CLERK OF COURT SHALL ADD THE COUNTY OF NORTHAMPTON AS A DEFENDANT WITHOUT NEED OF ISSUING SUMMONS AND WHO WAIVES SERVICE AND CONSENTS TO THIS COURTS JURISDICTION. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/17/21. 3/17/21 ENTERED AND COPIES E-MAILED.(amas, )
March 17, 2021	Filing 102 STIPULATION to Amend the Complaint to Add Parties by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID)
March 9, 2021	Filing 101 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 3/9/21. 3/9/21 ENTERED AND COPIES E-MAILED.(mbh, )
March 9, 2021	Filing 100 NOTICE by JAMARCUS FENNELL of Settlement (MURPHY, JOHN)
March 4, 2021	Filing 99 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 3/4/21 (jaa, )
March 1, 2021	Filing 98 ORDERED WE AMEND OUR JANUARY 21, 2021 ORDER (ECF DOC. NO. 96); NO LATER THAN MARCH 22, 2021, EACH PARTY SHALL FILE PROPOSED JURY INSTRUCTIONS ON SUBSTANTIVE ISSUES AND PROPOSED VERDICT FORMS OR SPECIAL INTERROGATORIES, WITH AN ELECTRONIC COPY E-MAILED IN WORD FORMAT TO CHAMBERS_OF_JUDGE_KEARNEY@PAED.USCOURTS.GOV; A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON MARCH 29, 2021 AT 8:45 A.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THIS CALL AND TIMELY CALL CHAMBERS AT 267-299-7680 WHEN ALL COUNSEL ARE ON THE LINE; AND COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A THREE-DAY TRIAL BEGINNING ON APRIL 1, 2021 AT 9:00 A.M. IN A COURTROOM TO BE ANNOUNCED IN THE UNITED STATES COURTHOUSE MINDFUL WE ARE UNLIKELY TO PROCEED AFTER MIDDAY ON APRIL 2, 2021 AND RESUME ON APRIL 5, 2021. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/1/21. 3/1/21 ENTERED AND COPIES E-MAILED.(jaa, )
January 22, 2021	Filing 97 Notice to Withdraw Craig M. Brown filed by JAMARCUS FENNELL. Certificate of Service.(MURPHY, JOHN) Modified on 1/25/2021 (tjd).
January 21, 2021	Filing 96 ORDERED WE AMEND OUR SEPTEMBER 14, 2020 ORDER (ECF DOC. NO. 92) THAT NO LATER THAN MARCH 4, 2021, EACH PARTY SHALL FILE PROPOSED JURY INSTRUCTIONS ON SUBSTANTIVE ISSUES AND PROPOSED VERDICT FORMS OR SPECIAL INTERROGATORIES, WITH AN ELECTRONIC COPY E-MAILED IN WORD FORMAT TO CHAMBERS OF JUDGE KEARNEY@PAED.USCOURTS.GOV; A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON MARCH 11, 2021 AT 8:45 A.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THIS CALL AND TIMELY CALL CHAMBERS AT 267-299-7680 WHEN ALL COUNSEL ARE ON THE LINE; AND, COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A THREE-DAY TRIAL BEGINNING ON MARCH 18, 2021 AT 9:00 A.M. IN A COURTROOM IN THE UNITED STATES COURTHOUSE TO BE ANNOUNCED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/21/21. 1/21/21 ENTERED AND COPIES E-MAILED.(jaa, )
October 13, 2020	Filing 95 ORDER THE PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE #93 IS DENIED AS STATED WITHOUT PREJUDICE SUBJECT TO RENEWAL AT TRIAL BASED ON ADDUCED EVIDENCE SHOULD DEFENDANTS ATTEMPT TO ADMIT OUT-OF-COURT STATEMENTS IN AN IMPROPER MANNER AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/13/2020. 10/13/2020 ENTERED AND COPIES E-MAILED.(ka, )
October 12, 2020	Filing 94 RESPONSE in Opposition re #93 MOTION in Limine No. 2 - Renewed filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID)
October 5, 2020	Filing 93 MOTION in Limine No. 2 - Renewed filed by JAMARCUS FENNELL.Certificate of Service. (Attachments: #1 Exhibit A)(MURPHY, JOHN)
September 14, 2020	Set/Reset Scheduling Order Deadlines: FINAL PRETRIAL CONFERENCE SET FOR 2/24/2021 08:45 AM BEFORE HONORABLE MARK A. KEARNEY. (tjd)
September 14, 2020	Filing 92 ORDER THAT WE AMEND ORDERS (ECF DOC.NOS.46,48,51 &56). A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON 2/24/21 AT 8:45 A.M.. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A THREE DAY BEGINNING ON 3/1/21 AT 9:00 A.M. IN COURTROOM 6-B; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/14/20. 9/14/20 ENTERED AND E-MAILED.(JL )
August 25, 2020	Filing 91 ORDERED THE DEFENDANTS MOTION (ECF DOC. NO.90) IS GRANTED AND WE AMEND OUR JUNE 22, 2020 ORDER (ECF DOC. NO. 85) SOLELY TO ALLOW THE DEPOSITIONS OF PRIMECARE WITNESSES FOR ONE HOUR TO OCCUR ON OR BEFORE SEPTEMBER 4, 2020 EITHER IN PERSON OR BY VIDEO WITH THE COST OF THE COURT REPORTER PAID BY DEFENDANTS AND WITH NO EFFECT ON ANY OTHER OBLIGATION IN OUR JUNE 22, 2020 ORDER (ECF DOC. NO. 85). SIGNED BY HONORABLE MARK A. KEARNEY ON 8/25/20.8/26/20 ENTERED AND COPIES E-MAILED.(jaa, )
August 25, 2020	Filing 90 MOTION for Extension of Time to Complete Discovery filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.Certificate of Service.(RYAN, SAMANTHA)
June 23, 2020	Filing 89 ORDER THE DEFENDANTS' MOTION IN LIMINE #71 IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/23/2020. 6/23/2020 ENTERED AND COPIES E-MAILED.(ka, )
June 23, 2020	Filing 88 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/23/2020. 6/23/2020 ENTERED AND COPIES E-MAILED.(ka, )
June 22, 2020	Filing 87 ORDER DEFENDANTS' MOTION IN LIMINE TO PRECLUDE EVIDENCE OR TESTIMONY ABOUT PARTICULAR POLICIES, INSTRUCTIONS, OR TRAINING REGARDING THE APPLICATION OF SPIT HOODS #74 IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/22/2020. 6/22/2020 ENTERED AND COPIES E-MAILED.(ka, )
June 22, 2020	Filing 86 ORDER THE DEFENDANTS' MOTION IN LIMINE #73 IS GRANTED IN PART SOLELY TO PRECLUDE TESTIMONY OR EVIDENCE AS TO RESULTS OF EARLIER GRIEVANCES OR LITIGATIONS BUT PLAINTIFF MAY ADDUCE EVIDENCE OF ONE OR MORE DEFENDANT'S NOTICE OF PLAINTIFF'S EXERCISE OF FIRST AMENDMENT RIGHTS THROUGH SPECIFIC GRIEVANCES OR LAWSUITS WITHOUT MENTION OF THE RESULTS OF THOSE MATTERS AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/22/2020. 6/22/2020 ENTERED AND COPIES E-MAILED.(ka, )
June 22, 2020	Filing 85 ORDER THE PLAINTIFF'S MOTION IN LIMINE #69 IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/22/2020. 6/22/2020 ENTERED AND COPIES E-MAILED.(ka, )
June 22, 2020	Filing 84 ORDER THE DEFENDANTS' MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM INTRODUCING EVIDENCE OR ELICITING TESTIMONY REGARDING A LACK OF VIDEO RECORDED EVIDENCE OR POLICIES RELATED TO THE USE OF VIDEO RECORDED DEVICES #72 IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/22/2020. 6/22/2020 ENTERED AND COPIES E-MAILED.(ka, ).
June 19, 2020	Filing 83 Objections by JAMARCUS FENNELL re #75 Response in Opposition to Motion of Defendants' Objection to Plaintiff's Pretrial Submission. (MURPHY, JOHN)
June 19, 2020	Filing 82 RESPONSE in Opposition re #74 MOTION in Limine Preclude Plaintiff From Introducing Evidence Or Eliciting Testimony Regarding Reading The Instructions To, Particularized Training On, And/Or Policies Regarding The Application Of A Spit Hood To An Inmate filed by JAMARCUS FENNELL. (MURPHY, JOHN)
June 19, 2020	Filing 81 RESPONSE in Opposition re #73 MOTION in Limine Preclude Any and All Evidence or Testimony Plaintiffs Claims That Were Dismissed by Voluntary Dismissal and/or Summary Judgment filed by JAMARCUS FENNELL. (MURPHY, JOHN)
June 19, 2020	Filing 80 RESPONSE in Opposition re #72 MOTION in Limine Preclude Plaintiff from Introducing Evidence or Testimony Regarding Whether Video Recorded Evidence Exists filed by JAMARCUS FENNELL. (MURPHY, JOHN)
June 19, 2020	Filing 79 RESPONSE in Opposition re #71 MOTION in Limine Preclude Any and All Evidence or Testimony Regarding the Employee Disciplinary Records of Correctional Officer Colarusso filed by JAMARCUS FENNELL. (MURPHY, JOHN)
June 19, 2020	Filing 78 RESPONSE in Opposition re #69 MOTION in Limine Nos. 1-2 filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID)
June 19, 2020	Filing 77 RESPONSE in Opposition re #69 MOTION in Limine Nos. 1-2 filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID)
June 19, 2020	Filing 76 Amended MOTION in Limine Nos. 1-2 filed by JAMARCUS FENNELL.Certificate of Service.(MURPHY, JOHN)
June 11, 2020	Filing 75 Objections in Opposition re #69 MOTION in Limine Nos. 1-2 Plaintiff's Pretrial Submissions filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID) Modified on 6/12/2020 (tjd).
June 11, 2020	Filing 74 MOTION in Limine Preclude Plaintiff From Introducing Evidence Or Eliciting Testimony Regarding Reading The Instructions To, Particularized Training On, And/Or Policies Regarding The Application Of A Spit Hood To An Inmate filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.Memorandum of Law, Certificate of Service.(MACMAIN, DAVID)
June 11, 2020	Filing 73 MOTION in Limine Preclude Any and All Evidence or Testimony Plaintiffs Claims That Were Dismissed by Voluntary Dismissal and/or Summary Judgment filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.Memorandum of Law, Certificate of Service.(MACMAIN, DAVID)
June 11, 2020	Filing 72 MOTION in Limine Preclude Plaintiff from Introducing Evidence or Testimony Regarding Whether Video Recorded Evidence Exists filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.Memorandum of Law, Certificate of Service. (Attachments: #1 Exhibit)(MACMAIN, DAVID)
June 11, 2020	Filing 71 MOTION in Limine Preclude Any and All Evidence or Testimony Regarding the Employee Disciplinary Records of Correctional Officer Colarusso filed by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.Memorandum of Law, Certificate of Service.(MACMAIN, DAVID)
June 11, 2020	Filing 70 Proposed Voir Dire by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN. Certificate of Service (MACMAIN, DAVID)
June 11, 2020	Filing 69 MOTION in Limine Nos. 1-2 filed by JAMARCUS FENNELL.Certificate of Service.(MURPHY, JOHN)
June 11, 2020	Filing 68 Proposed Voir Dire by JAMARCUS FENNELL. Certificate of Service (MURPHY, JOHN)
June 11, 2020	Filing 67 Objections by JAMARCUS FENNELL re #66 Proposed Jury Instructions . (MURPHY, JOHN)
June 9, 2020	Filing 66 Proposed Jury Instructions by JAMARCUS FENNELL. Certificate of Service (MURPHY, JOHN)
June 9, 2020	Filing 65 Proposed Verdict Sheet by JAMARCUS FENNELL.. Certificate of Service (MURPHY, JOHN)
June 9, 2020	Filing 64 Proposed Verdict Sheet by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN.. Certificate of Service (MACMAIN, DAVID)
June 5, 2020	Filing 63 PRETRIAL MEMORANDUM by JAMARCUS FENNELL Certificate of Service. (MURPHY, JOHN)
June 5, 2020	Filing 62 PRETRIAL MEMORANDUM by JOHN COLARUSSO, RINKER, THORMAN, WATERMAN Certificate of Service. (MACMAIN, DAVID)
May 20, 2020	Filing 61 ORDERED THE DEFENDANTS AMENDED MOTION (ECF DOC. NO. 42) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/20/20. 5/20/20 ENTERED AND COPIES E-MAILED.(jaa, )
May 20, 2020	Filing 60 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/20/20. 5/20/20 ENTERED AND COPIES E-MAILED.(jaa, )
May 20, 2020	Set/Reset Scheduling Order Deadlines: PLAINTIFF PRETRIAL MEMO DUE BY 6/5/2020. DEFENDANT PRETRIAL MEMO DUE BY 6/5/2020. (jaa, )
May 15, 2020	Filing 59 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 5/15/20 (jaa, )
May 11, 2020	Filing 58 ORDER WE SHALL HOLD AN ONE HOUR TELEPHONIC ORAL ARGUMENT (NO MORE THAN THIRTY MINUTES PER SIDE) ON FRIDAY, MAY 15, 2020 AT 9:30 A.M. COUNSEL FOR DEFENDANTS SHALL ARRANGE THE CONFERENCE LINE AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/11/2020. 5/11/2020 ENTERED AND COPIES E-MAILED.(ka, )
May 6, 2020	Filing 57 STATUS REPORT Memorandum and Request for Modification of Pre-Trial Order by JAMARCUS FENNELL. (MURPHY, JOHN)
May 1, 2020	Filing 56 ORDERED THAT COUNSEL SHALL CONFER AND PLAINTIFFS COUNSEL SHALL FILE A STATUS MEMORANDUM ON OR BEFORE MAY 6, 2020 NOT EXCEEDING TWO PAGES DESCRIBING THE PARTIES POSITIONS AS TO WHETHER THEY WOULD PROCEED, AS SCHEDULED, FOR A NON-JURY TRIAL BEGINNING ON JUNE 15, 2020 CONSISTENT WITH OUR APRIL 3, 2020 ORDER INCLUDING WHETHER TO PRESENT WITNESS TESTIMONY AND POSSIBLY EVEN ARGUMENTS BY VIDEO SHARING WITH A COURT REPORTER ALSO ON THE VIDEO LINK; ABSENT AN AGREEMENT TO PROCEED WITH A NON-JURY TRIAL ON JUNE 15, 2020, WE AMEND OUR NOVEMBER 20, 2019, MARCH 26, 2020 AND APRIL 3, 2020 ORDERS (ECF DOC. NOS. 46, 48 & 51) ONLY: A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON OCTOBER 16, 2020 AT 8:45 A.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THIS CALL AND TIMELY CALL CHAMBERS AT 267- 299-7680 WHEN ALL COUNSEL ARE ON THE LINE; COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A THREE-DAY TRIAL BEGINNING ON OCTOBER 19, 2020 AT 9:00 A.M. IN COURTROOM 6-B; ALL OTHER ASPECTS OF OUR NOVEMBER 20, 2019, MARCH 26, 2020 AND APRIL 3, 2020 ORDERS (ECF DOC. NOS. 46, 48 & 51) REMAIN IN EFFECT. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/1/20. 5/1/20 ENTERED AND COPIES E-MAILED.(jaa, )
April 14, 2020	Filing 55 Supplemental Brief in Support re #42 MOTION for Summary Judgment filed by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, CHARLES HORVATH, NICHOLAS, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID) Modified on 4/15/2020 (tjd).
April 14, 2020	Filing 54 Response re #53 Response to Plaintiff's Counter Statement of Facts by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, CHARLES HORVATH, NICHOLAS, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID)
April 7, 2020	Filing 53 Response re #43 Statement,, of Material Facts and Counterstatement of Material Facts by JAMARCUS FENNELL. (Attachments: #1 Appendix) (MURPHY, JOHN)
April 7, 2020	Filing 52 RESPONSE in Opposition re #42 MOTION for Summary Judgment filed by JAMARCUS FENNELL. (MURPHY, JOHN)
April 3, 2020	Filing 51 ORDER WE AMEND OUR NOVEMBER 20, 2019 ORDER #31 . PRETRIAL MEMO DUE BY 5/27/2020. MOTIONS AFFECTING TRIAL PRESENTATIONS DUE BY 6/1/2020. A FINAL PRETRIAL CONFERENCE WILL BE HELD TELEPHONICALLY ON 6/11/2020 AT 8:45 A.M. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A THREE-DAY TRIAL BEGINNING ON 6/15/2020 AT 9:00 A.M. AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/3/2020. 4/3/2020 ENTERED AND COPIES E-MAILED.(ka, )
March 27, 2020	Filing 50 ORDERED THAT THE SETTLEMENT CONFERENCE SCHEDULED FOR THURSDAY, APRIL 2, 2020 IS CANCELED. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/27/20. 3/27/20 ENTERED AND COPIES E-MAILED.(jaa, )
March 27, 2020	Filing 49 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Initial Pretrial Conference held on 3/27/20 (jaa, )
March 26, 2020	Filing 48 ORDER WE GRANT PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME #46 AND PLAINTIFF IS GRANTED LEAVE TO RESPOND TO DEFENDANTS' AMENDED MOTION FOR SUMMARY JUDGMENT AND STATEMENT OF FACTS #42 #43 NO LATER THAN APRIL 7, 2020, AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/26/2020.3/26/2020 ENTERED AND COPIES E-MAILED.(ka, )
March 25, 2020	Filing 47 MOTION for Extension of Time to File Response/Reply as to #36 Order on Motion for Extension of Time to File, filed by JAMARCUS FENNELL.Certificate of Service.(MURPHY, JOHN)
March 25, 2020	Filing 46 NOTICE of Hearing: TELEPHONE CONFERENCE REGARDING THE STATUS OF SETTLEMENT SET FOR 3/27/2020 11:30 AM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY.(jaa, )
March 20, 2020	Filing 45 VIDEO EXHIBIT AA TO DEFENDANTS STATEMENT OF FACTS filed by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, CHARLES HORVATH, NICHOLAS, RINKER, THORMAN, WATERMAN.. DISK ATTACHED IN HARDCOPY (kp, )
March 19, 2020	Filing 44 ORDER DENYING AND STRIKING #40 MOTION FOR SUMMARY JUDGMENT AND #41 STATEMENT OF FACTS AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/19/2020.3/19/2020 ENTERED AND COPIES E-MAILED.(uh, )
March 18, 2020	Filing 43 Statement of Facts by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, CHARLES HORVATH, NICHOLAS, RINKER, THORMAN, WATERMAN. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit)(MACMAIN, DAVID)
March 18, 2020	Filing 42 MOTION for Summary Judgment filed by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, CHARLES HORVATH, NICHOLAS, RINKER, THORMAN, WATERMAN.Brief, Certificate of Service.(MACMAIN, DAVID)
March 18, 2020	Filing 41 Statement of Facts by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, NICHOLAS, RINKER, THORMAN, WATERMAN. (MACMAIN, DAVID) (STRICKEN PER ORDER #44 ) Modified on 3/19/2020 (uh, ).
March 18, 2020	Filing 40 MOTION for Summary Judgment filed by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, NICHOLAS, RINKER, THORMAN, WATERMAN.Brief, Certificate of Service.(MACMAIN, DAVID) (STRIKEN PER ORDER #44 )Modified on 3/19/2020 (uh, ).
March 9, 2020	Filing 39 ORDER THAT THE PARTIES' STIPULATION IS APPROVED AND PLAINTIFF'S CLAIMS AGAINST LIEUTENANT MICHAEL DIACOGIANNIS, LIEUTENANT RYAN HEINRICH, CORRECTIONS OFFICER MICHAEL GAZZANO, CORRECTIONS OFFICER JASON WAGNER, CORRECTIONS OFFICER VINCET LAFRAGOLA, AND CORRECTIONS OFFICER JOHN FRANCIS ARE DISMISSED WITH PREJUDICE UNDER THE CONDITIONS IN THE STIPULATION. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/9/2020. 3/10/2020 ENTERED AND COPIES E-MAILED.(amas)
March 9, 2020	Filing 38 NOTICE of Voluntary Dismissal by JAMARCUS FENNELL As To Michael Diacogiannis, Ryan Heinrich, Michael Gazzano, Jason Wagner, Vincent LaFragola, John Francis(MURPHY, JOHN)
March 5, 2020	Filing 37 ORDER THAT SETTLEMENT CONFERENCE SET FOR 4/2/2020 09:30 AM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/5/20. 3/5/20 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )
February 14, 2020	Filing 36 ORDER DEFENDANTS' MOTION #35 IS GRANTED IN PART AND WE AMEND OUR NOVEMBER 20, 2019 ORDER ONLY PROSPECTIVELY TO ALLOW SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, BE FILED NO LATER THAN 3/17/2020, ETC.SIGNED BY HONORABLE MARK A. KEARNEY ON 2/14/2020.2/14/2020 ENTERED AND COPIES E-MAILED.(ka, )
February 14, 2020	Set/Reset Scheduling Order Deadlines: MOTIONS DUE BY 3/17/2020. MOTION FOR SUMMARY JUDGMENT DUE BY 3/17/2020. (ka, )
February 13, 2020	Filing 35 MOTION for Extension of Time to File Dispositive Motions filed by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER, WATERMAN.Certificate of Service.(MACMAIN, DAVID)
February 10, 2020	Filing 34 ORDER THAT SECOND AMENDED SETTLEMENT CONFERENCE SET FOR 3/12/2020 09:30 AM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/10/20. 2/11/20 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )
November 27, 2019	Filing 33 AMENDED CONFERENCE ORDER THAT A SETTLEMENT CONFERENE WILL BE HELD ON 2/19/20 AT 9:30 AM BEFORE THE HONORABLE MARILYN HEFFLEY, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/27/19. 11/27/19 ENTERED AND COPIES E-MAILED.(lisad, )
November 21, 2019	Set/Reset Hearings: SETTLEMENT CONFERENCE SET FOR 2/11/2020 09:30 AM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY. (tjd)
November 21, 2019	Filing 32 ORDER THAT SETTLEMENT CONFERENCE SET FOR 2/11/2019 09:30 AM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/21/19. 11/21/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )
November 20, 2019	Filing 31 ORDER THAT DISCOVERY DUE BY 2/14/2020., MOTIONS DUE BY 2/24/2020., MOTION FOR SUMMARY JUDGMENT DUE BY 2/24/2020., FINAL PRETRIAL CONFERENCE SET FOR 5/1/2020 08:45 AM; JURY SELECTION SET FOR 5/6/2020 09:00AM; JURY TRIAL SET FOR 5/6/2020 09:00 AM; MOTION IN LIMINE DUE BY 4/17/2020., PLAINTIFF PRETRIAL MEMO DUE BY 4/14/2020., DEFENDANT PRETRIAL MEMO DUE BY 4/14/2020. CASE IS REFERRED TO MAGISTRATE MARILYN HEFFLEY FOR SETTLEMENT. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/20/19. 11/21/19 ENTERED AND COPIES E-MAILED.(rf, )
November 20, 2019	Filing 30 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Initial Pretrial Conference held on 11/20/19 (rf, )
November 19, 2019	Filing 29 ENTRY OF APPEARANCE by ROBERT P. LEESON on behalf of JAMARCUS FENNELL with CERTIFICATE OF SERVICE(jaa, )
November 18, 2019	Filing 28 Report Of Rule 26(f) Meeting by JAMARCUS FENNELL. (MURPHY, JOHN)
November 5, 2019	Filing 27 ORDER THAT THE COURT WILL HOLD AN INITIAL PRETRIAL CONFERENCE VIA TELEPHONE ON 11/20/2019, AT 9:00 AM, BEFORE HONORABLE MARK A. KEARNEY, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/5/2019. 11/5/2019 ENTERED AND COPIES E-MAILED.(amas)
November 5, 2019	Filing 26 NOTICE of Appearance by SAMANTHA RYAN on behalf of WATERMAN with Certificate of Service(RYAN, SAMANTHA)
November 5, 2019	Filing 25 ANSWER to #1 Complaint, with Affirmative Defenses by JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER, WATERMAN.(MACMAIN, DAVID)
November 5, 2019	Filing 24 NOTICE of Appearance by DAVID J. MACMAIN on behalf of WATERMAN with Certificate of Service(MACMAIN, DAVID)
October 2, 2019	Filing 23 WAIVER OF SERVICE Returned Executed by JAMARCUS FENNELL. Waivers sent to All Defendants on 9/26/2019, answers due 11/25/2019. (MURPHY, JOHN) Modified on 10/3/2019 (tjd).
October 2, 2019	Filing 22 WAIVER OF SERVICE Returned Executed by JAMARCUS FENNELL. All Defendants.(FILED IN ERROR USING INCORRECT ATTY LOGIN, REFILED AT DOCUMENT #23 ) (MCILWEE, JOHN) Modified on 10/2/2019 (tjd).
September 30, 2019	Filing 21 NOTICE of Appearance by CRAIG M. BROWN on behalf of JAMARCUS FENNELL with Certificate of Service(BROWN, CRAIG)
September 25, 2019	Filing 20 ORDERED THAT PLAINTIFF'S DECLARATION FOR PROOF OF SERVICE ARE STRICKEN; DEFENDANTS' WAIVERS OF SERVICE OF SUMMONS ARE STRICKEN; AND PLAINTIFF MUST EFFECTUATE SERVICE CONSISTENT WITH THE FEDERAL RULES OF CIVIL PROCEDURE. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/25/19. 9/26/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )
September 24, 2019	Filing 19 NOTICE of Appearance by DANIEL J GOETTLE on behalf of JAMARCUS FENNELL with Certificate of Service(GOETTLE, DANIEL)
September 24, 2019	Filing 18 AFFIDAVIT of Service by Served by Mail re: served Complaint upon All Defendants by Certified Mail on September 23, 2019 (MURPHY, JOHN) *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 17 Declaration for Proof of Service on All Named Defendants by JAMARCUS FENNELL. FILED IN ERROR. ATTORNEY REFILING DOCUMENT. (MURPHY, JOHN) Modified on 9/24/2019 (jaa, ). (Main Document 17 replaced on 9/24/2019) (jaa, ). STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 16 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. LAFRAGOLA waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 15 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. JASON WAGNER waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 14 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. THORMAN waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 13 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. RINKER waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 12 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. NICHOLAS waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 11 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. CHARLES HORVATH waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 10 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. HEINRICH waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 9 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. MICHAEL GAZZANO waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 8 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. FRANCIS waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 7 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. DIACOGIANNIS waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 6 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. LUIS CRUZ waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 5 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. CROWLEY waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 24, 2019	Filing 4 WAIVER OF SERVICE Returned Executed by HEINRICH, CHARLES HORVATH, MICHAEL GAZZANO, RINKER, CROWLEY, NICHOLAS, FRANCIS, JASON WAGNER, JOHN COLARUSSO, THORMAN, DIACOGIANNIS, LAFRAGOLA, LUIS CRUZ. JOHN COLARUSSO waiver sent on 9/23/2019, answer due 11/22/2019. (MACMAIN, DAVID) Modified on 9/26/2019 (jaa, ). *STRICKEN PER ORDER 9/25/19.
September 23, 2019	Filing 3 NOTICE of Appearance by SAMANTHA RYAN on behalf of JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER with Certificate of Service(RYAN, SAMANTHA)
September 23, 2019	Filing 2 NOTICE of Appearance by DAVID J. MACMAIN on behalf of JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER with Certificate of Service(MACMAIN, DAVID)
September 11, 2019	Filing 1 COMPLAINT against JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER, WATERMAN ( Filing fee $ 400 receipt number 203543.), filed by JAMARCUS FENNELL.(fdc, )
September 11, 2019	Fourteen (14) Summons Issued as to JOHN COLARUSSO, CROWLEY, LUIS CRUZ, DIACOGIANNIS, FRANCIS, MICHAEL GAZZANO, HEINRICH, CHARLES HORVATH, LAFRAGOLA, NICHOLAS, RINKER, THORMAN, JASON WAGNER, WATERMAN. Forwarded To: John Frank Murphy on 9/12/19. (fdc)
September 11, 2019	DEMAND for Trial by Jury by JAMARCUS FENNELL. (fdc, )

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Search for this case: FENNELL v. HORVATH et al
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Defendant: CORRECTIONS OFFICER CROWLEY
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER FRANCIS
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER WATERMAN
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER THORMAN
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: LIEUTENANT LUIS CRUZ
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER LAFRAGOLA
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER JASON WAGNER
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: LIEUTENANT HEINRICH
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: LIEUTENANT DIACOGIANNIS
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CHARLES HORVATH
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER MICHAEL GAZZANO
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: LIEUTENANT RINKER
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER JOHN COLARUSSO
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Defendant: CORRECTIONS OFFICER NICHOLAS
Represented By:	DAVID J. MACMAIN
Represented By:	SAMANTHA RYAN
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Plaintiff: JAMARCUS FENNELL
Represented By:	JOHN FRANK MURPHY
Represented By:	DANIEL J GOETTLE
Represented By:	CRAIG M. BROWN
Represented By:	ROBERT P. LEESON
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