SMITH et al v. POLLACK et al
| KALEY E. DAMORE, VINCENT J. SMITH and BAIL SHOP, LLC |
| JOHN ADAMS, BERKS COUNTY, JAMES A. POLLACK, MUHLENBERG TOWNSHIP, MUHLENBERG TOWNSHIP doing business as MUHLENBERG TOWNSHIP POLICE DEPARTMENT and BERKS COUNTY doing business as BERKS COUNTY DISTRICT ATTORNEY'S OFFICE |
| 5:2019cv05343 |
| November 7, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| EDWARD G SMITH |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b), ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/22/20. 7/22/20 ENTERED AND COPIES E-MAILED. (er, )
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| Filing 36 Disclosure with Certificate of Service by JAMES A. POLLACK.(BOYLE, CHRISTOPHER) |
| Filing 35 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 7/13/20. (jaa, ) |
| Filing 34 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 7/9/20. (jaa, ) |
| Filing 33 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Pretrial Conference VIA TELEPHONE held on 7/6/20. (JL ) |
| Filing 32 CERTIFICATE OF SERVICE by JAMES A. POLLACK to Offer of Judgment as to Plaintiff Damore (BOYLE, CHRISTOPHER) |
| Filing 31 CERTIFICATE OF SERVICE by JAMES A. POLLACK to Offer of Judgment as to Plaintiff Smith (BOYLE, CHRISTOPHER) |
| Filing 30 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Initial Pretrial Conference held on 4/9/20 (jaa, ) |
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Filing 29
AMENDED ORDERED THAT A SETTLEMENT CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON JULY 9, 2020 AT 9:30 A.M., BEFORE THE HONORABLE MARILYN HEFFLEY, UNITED STATES MAGISTRATE JUDGE, U.S. COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106 AS OUTLINED HEREIN SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 4/10/20. 4/10/20 ENTERED AND COPIES E-MAILED.(jaa, )
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| Set/Reset Hearings: TELEPHONE CONFERENCE SET FOR 4/9/2020 02:00 PM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY. (tjd) |
| Filing 28 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR 4/9/2020 02:00 PM BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY.(jaa, ) Modified on 4/8/2020 (tjd). |
| Filing 27 Defendant Pollack's ANSWER to #13 Amended Complaint with Affirmative Defenses by JAMES A. POLLACK.(BOYLE, CHRISTOPHER) |
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Filing 26
ORDER THAT SETTLEMENT CONFERENCE SET FOR 4/23/2020 02:00 PM 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, )
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Filing 25
ORDER THAT THIS CASE IS REFERRED TO UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY FOR A SETTLEMENT CONFERENCE. THE SETTLEMENT CONFERENCE WILL BE HELD ON APRIL 23, 2020, AT 2 P.M. BEFORE MAGISTRATE JUDGE HEFFLEY; FINAL PRETRIAL CONFERENCE SET FOR 11/4/2020 10:00 AM BEFORE HONORABLE EDWARD G. SMITH; DISCOVERY DUE BY 6/30/2020; JURY SELECTION SET FOR 11/6/2020 09:30AM BEFORE HONORABLE EDWARD G. SMITH; MOTIONS DUE BY 9/18/2020; MOTION IN LIMINE DUE BY 10/23/2020; PLAINTIFF PRETRIAL MEMO DUE BY 10/23/2020; DEFENDANT PRETRIAL MEMO DUE BY 10/23/2020; TRIAL DATE SET FOR 11/9/2020 09:00 AM BEFORE HONORABLE EDWARD G. SMITH; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/4/20. 3/4/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Set/Reset Hearings: SETTLEMENT CONFERENCE SET FOR 4/23/2020 02:00 PM BEFORE HONORABLE EDWARD G. SMITH. (mas, ) |
| Filing 24 CERTIFICATE OF SERVICE by JAMES A. POLLACK in connection with Defendant's First Set of Interrogatories, Expert Interrogatories and Request for Production of Documents Directed to Plaintiffs (BOYLE, CHRISTOPHER) |
| Filing 23 CERTIFICATE OF SERVICE by JAMES A. POLLACK in connection with Defendant's Rule 26 Self-Executing Disclosures (BOYLE, CHRISTOPHER) |
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Filing 22
ORDER THAT THE DEFENDANTS PARTIAL MOTION TO DISMISS (DOC. NO. #14 ) IS DENIED WITHOUT PREJUDICE TO THE ISSUE BEING RAISED IN A MOTION FOR SUMMARY JUDGMENT AFTER A FACTUAL RECORD HAS BEEN DEVELOPED. THE DEFENDANT SHALL HAVE FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER TO FILE AN ANSWER TO THE AMENDED COMPLAINT. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/2/20.3/2/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 21 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH: Initial Pretrial Conference held on 3/2/20. Court Reporter: None. (er, ) |
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Filing 20
ORDER THAT JOHN ADAMSS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. #19 ) IS DENIED AS MOOT; AND THE COURT WILL HOLD THE PREVIOUSLY SCHEDULED RULE 16 CONFERENCE AND ORAL ARGUMENT ON JAMES POLLOCKS PARTIAL MOTION TO DISMISS WITH COUNSEL FOR THE PLAINTIFFS AND COUNSEL FOR THE REMAINING DEFENDANT, JAMES POLLOCK, ON MONDAY, MARCH 2, 2020 AT 10:30 A.M.. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/28/20.2/28/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 19 NOTICE of Voluntary Dismissal by KALEY E. DAMORE, VINCENT J. SMITH As To John Adams(DIJIACOMO, L.) |
| Set/Reset Deadlines as to #14 MOTION to Dismiss Plaintiffs' Amended Complaint, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . MOTION HEARING SET FOR 3/2/2020 10:30 AM BEFORE HONORABLE EDWARD G. SMITH. (mas, ) |
| Filing 18 RESPONSE in Opposition re #14 MOTION to Dismiss Plaintiffs' Amended Complaint with Memorandum of Law filed by KALEY E. DAMORE, VINCENT J. SMITH. (DIJIACOMO, L.) |
| Filing 17 NOTICE of Appearance by L. ANTHONY DIJIACOMO, III on behalf of KALEY E. DAMORE, VINCENT J. SMITH with Certificate of Service(DIJIACOMO, L.) |
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Filing 16
ORDER THAT THE DEFENDANTS, DETECTIVE JAMES POLLACK AND MUHLENBERG TOWNSHIPS, AMENDED PARTIAL MOTION TO DISMISS (DOC. NO. #9 ) AND THE DEFENDANTS, JOHN ADAMS AND BERKS COUNTYS, MOTION TO DISMISS (DOC. NO. #12 ) ARE DENIED AS MOOT IN LIGHT OF THE AMENDED COMPLAINT; THE COURT WILL HOLD ORAL ARGUMENT ON THE PENDING MOTIONS TO DISMISS (DOC. NOS. #14 , #15 ) IN CONJUNCTION WITH AN INITIAL PRETRIAL CONFERENCE ON MONDAYMARCH 2, 2020 AT 10:30 A.M. AT THE HOLMES BUILDING, 101 LARRY HOLMES DRIVE, 4TH FLOOR, EASTON, PENNSYLVANIA 18042; AND PRIOR TO THE INITIAL PRETRIAL CONFERENCE, THE PARTIES SHOULD CONFER AND PREPARE A JOINT REPORT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(F). THE PARTIES SHOULD E-MAIL THIS REPORT TO CHAMBERS NO LATER THAN THURSDAY, FEBRUARY 27, 2020. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/18/20.2/18/20 ENTERED AND COPIES E-MAILED.(mas, ) Modified on 2/19/2020 (tjd).
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| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN ADAMS.Memorandum of Law, Certificate of Service.(CONNELL, MATTHEW) |
| Filing 14 Partial MOTION to Dismiss Plaintiffs' Amended Complaint filed by JAMES A. POLLACK. Memorandum and Certificate of Service. (Attachments: #1 Exhibit A)(BOYLE, CHRISTOPHER) Modified on 2/7/2020 (tjd). |
| Filing 13 FIRST AMENDED COMPLAINT against JOHN ADAMS, JAMES A. POLLACK filed by VINCENT J. SMITH, KALEY E. DAMORE. (Attachments: #1 Exhibit)(jaa, ) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN ADAMS, BERKS COUNTY.Memorandum of Law, Certificate of Service.(CONNELL, MATTHEW) |
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Filing 11
STIPULATION AND ORDER THAT PLAINTIFFS MAY RESPOND/AMEND OVER TO DEFENDANTS' MOTION TO DISMISS ON OR BEFORE JANUARY 31, 2020. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/10/20. 1/10/20 ENTERED AND COPIES E-MAILED.(er, )
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| Set/Reset Deadlines as to #9 Amended MOTION to Dismiss . RESPONSES DUE BY 1/31/2020. (er, ) |
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Filing 10
ORDER THAT THE ORIGINAL PARTIAL MOTION TO DISMISS (DOC. NO. #8 ) IS DENIED AS MOOT IN LIGHT OF THE AMENDED MOTION. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/6/20.1/7/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 9 Amended MOTION to Dismiss filed by MUHLENBERG TOWNSHIP, JAMES A. POLLACK.Memorandum and Certificate of Service. (Attachments: #1 Exhibit A)(BOYLE, CHRISTOPHER) |
| Filing 8 Partial MOTION to Dismiss filed by MUHLENBERG TOWNSHIP, JAMES A. POLLACK. Memorandum and Certificate of Service. (Attachments: #1 Exhibit A)(BOYLE, CHRISTOPHER) Modified on 1/3/2020 (tjd). |
| Filing 7 NOTICE of Appearance by SAMANTHA RYAN on behalf of JOHN ADAMS, BERKS COUNTY with Certificate of Service(RYAN, SAMANTHA) |
| Filing 6 WAIVER OF SERVICE Returned Executed by JOHN ADAMS. JOHN ADAMS waiver sent on 11/20/2019, answer due 1/19/2020. (CONNELL, MATTHEW) |
| Filing 5 WAIVER OF SERVICE Returned Executed by BERKS COUNTY. BERKS COUNTY waiver sent on 11/20/2019, answer due 1/19/2020. (CONNELL, MATTHEW) |
| Filing 4 NOTICE of Appearance by MATTHEW J. CONNELL on behalf of JOHN ADAMS, BERKS COUNTY with Certificate of Service(CONNELL, MATTHEW) |
| Filing 3 WAIVER OF SERVICE Returned Executed by MUHLENBERG TOWNSHIP, JAMES A. POLLACK. MUHLENBERG TOWNSHIP waiver sent on 11/20/2019, answer due 1/19/2020; JAMES A. POLLACK waiver sent on 11/20/2019, answer due 1/19/2020. (BOYLE, CHRISTOPHER) |
| Filing 2 NOTICE of Appearance by CHRISTOPHER PAUL BOYLE on behalf of MUHLENBERG TOWNSHIP, JAMES A. POLLACK with Jury Demand and Certificate of Service(BOYLE, CHRISTOPHER) |
| Filing 1 COMPLAINT against JOHN ADAMS, BERKS COUNTY, MUHLENBERG TOWNSHIP, JAMES A. POLLACK ( Filing fee $ 400 receipt number PPE206789.), filed by VINCENT J. SMITH, KALEY E. DAMORE, BAIL SHOP, LLC. (Attachments: #1 Exhibit)(bw, ) (Main Document 1 replaced on 11/14/2019) (bw, ). |
| DEMAND for Trial by Jury by BAIL SHOP, LLC, KALEY E. DAMORE, VINCENT J. SMITH. (bw, ) |
| 4 Summons Issued as to JOHN ADAMS, BERKS COUNTY, MUHLENBERG TOWNSHIP, JAMES A. POLLACK. Forwarded To: COUNSEL on 11/13/2019 (bw, ) |
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