Diaz-Cruz v. Williams et al
Kristan Diaz-Cruz |
Ted Williams, Jeffery Rackovan, Doctor Symons, William Ted Williams, Jerry A. Rackovan, Marirosa Lamas, Dr. Simmons, Sgt Rogers, Victoria Gessner, PrimeCare Medical, Inc., John T. Symons, Peter Binnion, Theodoor Voorstad, William T. Williams, PHS Correctional Healthcare, Corizon, Thomas Rogers and John Doe 1 |
Mediator |
1:2011cv01302 |
July 13, 2011 |
US District Court for the Middle District of Pennsylvania |
Harrisburg Office |
Centre |
Martin C Carlson |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
Both |
Docket Report
This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.
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Receipt of payment from KRISTAN DIAZ CRUZ in the amount of $3.57 for PLRA CIVIL FILING FEE. Transaction posted on 8/5/2019. Receipt number 333066968 processed by gangeli. (jjs) |
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Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $2.13 for PLRA CIVIL FILING FEE. Transaction posted on 5/8/2019. Receipt number 333065719 processed by aoswald. (tp) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $1.22 for PLRA CIVIL FILING FEE. Transaction posted on 4/9/2019. Receipt number 333065284 processed by epetrosk. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $1.44 for PLRA CIVIL FILING FEE. Transaction posted on 3/11/2019. Receipt number 333064782 processed by epetrosk. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $2.59 for PLRA CIVIL FILING FEE. Transaction posted on 2/8/2019. Receipt number 333064317 processed by aoswald. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $0.96 for PLRA CIVIL FILING FEE. Transaction posted on 12/11/2018. Receipt number 333063515 processed by lhannick. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $1.56 for PLRA CIVIL FILING FEE. Transaction posted on 10/9/2018. Receipt number 333062586 processed by lhannick. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $2.00 for PLRA CIVIL FILING FEE. Transaction posted on 9/12/2018. Receipt number 333062191 processed by rmiller. (jjs, ) |
Receipt of payment from SCI ROCKVIEW in the amount of $0.16 for PLRA CIVIL FILING FEE. Transaction posted on 3/8/2018. Receipt number 333059621 processed by epetrosk. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $1.90 for PLRA CIVIL FILING FEE. Transaction posted on 2/12/2018. Receipt number 333059274 processed by lhannick. (jjs, ) |
Receipt of payment from KRISTAN DIAZ CRUZ in the amount of $1.80 for PLRA CIVIL FILING FEE. Transaction posted on 1/8/2018. Receipt number 333058749 processed by gangeli. (jjs, ) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $2.40 for PLRA CIVIL FILING FEE. Transaction posted on 9/18/2017. Receipt number 333057161 processed by gangeli. (jjs, ) |
RECEIPT LETTER $ 240.00, receipt number 333056535 Kristan Diaz-Cruz Partial Filing Fee 8/7/17 (ga) |
Filing 233 Letter from Joseph Fulginiti Regarding Settlement of this Case. (Fulginiti, Joseph) |
Filing 232 Letter from Kristan Diaz-Cruz filed re: settlement. (pjr) |
Filing 231 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Magistrate Judge Martin C. Carlson on 3/9/2017. (ktt) |
Filing 230 REPORT OF MEDIATOR (Settlement Reached).. (Bluth, Brian) |
Filing 229 Proposed Jury Instructions and C of S filed by Kristan Diaz-Cruz. (pjr) |
Filing 228 MEMORANDUM OPINION - The plaintiffs motion to reconsider (Doc. #226 .) is DENIED. Signed by Magistrate Judge Martin C. Carlson on December 1, 2016. (kjn) |
Filing 227 ORDER Appointing a Mediator for PLSP. Brian J. Bluth Mediator appointed. IT IS FURTHER ORDERED THAT the Courts prior referral order (Doc. 224.) is AMENDED to provide that the mediator shall report to the Court regarding the status of settlement discussions on or before Wednesday, February 15, 2017.Signed by Magistrate Judge Martin C. Carlson on 12/1/2016. (bg) |
Filing 226 MOTION for Reconsideration re #219 Order and C of S filed by Kristan Diaz-Cruz. (Attachments: #1 attachments)(pjr) |
Filing 225 Notice that Plaintiff Wishes to Engage in Mediation filed by Kristan Diaz-Cruz. (ve) |
Filing 224 ORDER OF REFERRAL TO PRISONER LITIGATION SETTLEMENT PROGRAM (PLSP) - If the Prisoner Litigation Settlement Program determines that the case does not meet program parameters, they shall notify the Court, and we will schedule a settlement conference through another United States Magistrate Judge.In the meanwhile, the litigation deadlines previously set in this matter areSTAYED pending completion of the settlement process, and the parties areORDERED to report to the Court on the status of these settlement discussions on or before January 3, 2017. The clerk is DIRECTED to provide a copy of this order to the parties and the Prisoner Litigation Settlement Program staff. Signed by Magistrate Judge Martin C. Carlson on November 10, 2016. (kjn) |
Filing 223 Letter from Joseph Fulginiti regarding mediation. (Fulginiti, Joseph) |
Filing 222 MEMORANDUM AND ORDER denying #220 Motion for Reconsideration. Signed by Magistrate Judge Martin C. Carlson on October 27, 2016. (kjn) |
Filing 221 BRIEF IN SUPPORT re #220 MOTION for Reconsideration re #219 Order, Terminate Motions, Terminate Deadlines and Hearings, Set Deadlines/Hearings,,,,,,,,,,,, filed by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 220 MOTION for Reconsideration re #219 Order, Terminate Motions, Terminate Deadlines and Hearings, Set Deadlines/Hearings,,,,,,,,,,,, by Thomas Rogers, William T. Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 219 ORDER: In accord with the Memorandum #218 issued this date re. mtns for summary jgmnt #189 and #195 ; 1. Summary judgment is GRANTED in favor of dfts Symons and Williams on the pltfs medical malpractice and Eighth Amendmentmedical deliberate indifference claims.2. The mtn for summary judgment with respect to the pltfs retaliation claim against dft Rogers is DENIED since disputed issues of material fact preclude summary judgment on that claim.3. On or before 11/10/16, the parties shall notify the Court if they wish to engage in mediation of the pltfs sole remaining claim.4. The following pre-trial ddls apply: Mtns In Limine Due: 12/19/16, Proposed Jury Instructions, Exhibits List, Copies of Exhibits and pretrial memoranda 1/9/17, Pre-trial Conference 1/31/17 at 1:00 p.m. Trial: 2/13/17 at 9:30 a.m. See order for details. Signed by Magistrate Judge Martin C. Carlson on 10/26/16. (ma) |
Filing 218 MEMORANDUM re Mtns for Summary Judgment #189 and #195 (Order to follow as separate docket entry)Signed by Magistrate Judge Martin C. Carlson on 10/26/16. (ma) |
Filing 217 DECLARATION by Thomas Rogers, William T. Williams re #215 Order, Set Deadlines,, . (Fulginiti, Joseph) |
Filing 216 DECLARATION by Doctor Symons, John T. Symons . (Hatzell, John) |
Filing 215 ORDER - IT IS ORDERED that on or before October 26, 2016, the defendants shall file a declaration which: 1. Describes the degree of access that the plaintiff has had to his own medical records in the course of this litigation; and 2. Summarizes the information set forth in those records relating to thescope, nature and extent of the care received by Diaz-Cruz while housed at SCI Rockview. Signed by Magistrate Judge Martin C. Carlson on October 5, 2016. (kjn) |
Receipt of payment from KRISTAN DIAZ CRUZ in the amount of $1.29 for PLRA CIVIL FILING FEE. Transaction posted on 7/25/2016. Receipt number 333051209 processed by lhannick. (jjs, ) |
Filing 214 ORDER granting #212 Motion to modify case management order. All pre-trial deadlines are extended until a resolution of the pending motions for summary judgment are reached. Signed by Magistrate Judge Martin C. Carlson on June 30, 2016. (kjn) |
Filing 212 MOTION Motion to Modify Case Management Order by Thomas Rogers, William T. Williams. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Fulginiti, Joseph) |
Filing 213 Proposed Jury Instructions filed by Kristan Diaz-Cruz. (ve) |
Filing 211 ORDER granting pltf's mtn for leave to file sur-reply #210 . The sur-reply brif #210 is accepted and deemed filed.Signed by Magistrate Judge Martin C. Carlson on 6/16/16. (ma) |
Filing 210 MOTION for Leave to File Reply Brief filed by Kristan Diaz-Cruz. (Attachments: #1 Reply Brief)(pjr) |
Filing 209 REPLY BRIEF re #189 MOTION for Summary Judgment filed by Doctor Symons, John T. Symons.(Hatzell, John) |
Filing 208 BRIEF IN OPPOSITION re #189 MOTION for Summary Judgment , #195 MOTION for Summary Judgment filed by Kristan Diaz-Cruz. (Attachments: #1 Affidavit, #2 Attachments, #3 Affidavit, #4 Attachments, #5 Affidavit, #6 Statement of Fact, #7 Exhibits, #8 Affidavit, #9 Statement of Fact), #10 Motion to Deny Summary Judgment of Williams and Rogers, #11 Motion to Deny Summary Judgment of Symons, #12 Proposed Order, #13 Proposed Order, #14 Exhibit(s)) (pjr). |
Filing 207 ORDER denying #204 Motion to Continue. Signed by Magistrate Judge Martin C. Carlson on May 10, 2016. (kjn) |
Filing 206 REPLY BRIEF re #204 MOTION to Continue filed by William T. Williams.(pjr) |
Filing 205 BRIEF IN OPPOSITION re #204 MOTION to Continue filed by Doctor Symons, John T. Symons.(Hatzell, John) |
Filing 204 MOTION to Continue Trial filed by Kristan Diaz-Cruz.(ve) |
Filing 203 ORDER denying #202 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Martin C. Carlson on April 18, 2016. (kjn) |
Filing 202 MOTION for Extension of Time to File Brief to #195 MOTION for Summary Judgment and C of S filed by Kristan Diaz-Cruz.(pjr) |
Filing 201 ORDER granting #200 MOTION for Extension of Time to File Brief to #195 MOTION for Summary Judgment filed filed by Kristan Diaz-Cruz., Set/Reset Deadlines as to #195 MOTION for Summary Judgment , #189 MOTION for Summary Judgment . IT IS ORDERED that the plaintiff shall file a response to this motion in accordance with Local Rule 7.6 on or before May 20, 2016. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before June 3, 2016. Signed by Magistrate Judge Martin C. Carlson on April 8, 2016. (kjn) |
Filing 200 MOTION for Extension of Time to File Brief to #195 MOTION for Summary Judgment and C of S filed by Kristan Diaz-Cruz.(pjr) |
Filing 199 REPLY BRIEF re #192 MOTION for Extension of Time to Complete Discovery filed by Kristan Diaz-Cruz.(bg) |
Receipt of payment from SCI ROCKVIEW in the amount of $6.00 for PLRA CIVIL FILING FEE. Transaction posted on 3/28/2016. Receipt number 333049405 processed by epetrosk. (jjs, ) |
Filing 198 APPENDIX by Thomas Rogers, William T. Williams. to #195 MOTION for Summary Judgment , #196 Statement of Facts, #197 Brief in Support of Motion for Summary Judgment . (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(Fulginiti, Joseph) |
Filing 197 BRIEF IN SUPPORT re #195 MOTION for Summary Judgment filed by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 196 STATEMENT OF FACTS re #195 MOTION for Summary Judgment filed by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 195 MOTION for Summary Judgment by Thomas Rogers, William T. Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 194 ORDER denying #192 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Martin C. Carlson on March 23, 2016. (kjn) |
Filing 193 BRIEF IN OPPOSITION re #192 MOTION for Extension of Time to Complete Discovery filed by John T. Symons.(Hatzell, John) |
Filing 192 MOTION for Extension of Time to Complete Discovery by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order)(bg) |
Filing 191 STATEMENT OF FACTS filed by John T. Symons.(Hatzell, John) |
Filing 190 BRIEF in Support re #189 MOTION for Summary Judgment , filed by John T. Symons. Related document: #189 MOTION for Summary Judgment filed by John T. Symons.(Hatzell, John) |
Filing 189 MOTION for Summary Judgment by John T. Symons.(Hatzell, John) |
Filing 188 ORDER granting #185 Motion to Withdraw as Attorney. Attorney Jeffrey A. Conrad terminated. Signed by Magistrate Judge Martin C. Carlson on February 16, 2016. (kjn) |
Filing 186 Motion to Withdraw Proposed Order by Kristan Diaz-Cruz. #185 MOTION to Withdraw as Attorney . (Conrad, Jeffrey) |
DOCKET ANNOTATION: Counsel is advised to file a proposed order for Doc. 185. (pjr) |
Filing 185 MOTION to Withdraw as Attorney by Kristan Diaz-Cruz.(Conrad, Jeffrey) |
Filing 184 ANSWER to #101 Amended Complaint by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 183 Withdrawal of Attorney K. Edward Raleigh by Kristan Diaz-Cruz.(Raleigh, Kenneth) Modified on 10/28/2015 (kjn). |
Filing 182 ORDER granting #180 Motion for Leave to File an answer to the 2nd amended complaint nunc pro tunc. Signed by Magistrate Judge Martin C. Carlson on October 23, 2015. (kjn) |
Filing 181 BRIEF IN SUPPORT re #180 Unopposed MOTION for Leave to File an Answer to the Second Amended Complaint Nunc Pro Tunc filed by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 180 Unopposed MOTION for Leave to File an Answer to the Second Amended Complaint Nunc Pro Tunc by Thomas Rogers, William T. Williams. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Fulginiti, Joseph) |
Filing 179 ORDER granting #178 Unopposed MOTION to Continue all Deadlines and Trial by Ninety Days filed by Kristan Diaz-Cruz. Close of Fact Discovery -2/15/2106. Plaintiff's Expert Reports are due by 2/15/2016. Defendant's Expert Reports are due by 2/29/2016. A Final Pretrial Conference is set for 8/1/2016 at 10:00 AM in Harrisburg before Magistrate Judge Martin C. Carlson. Jury Selection and Jury Trial are set for 8/8/2016 at 9:30 AM in Harrisburg - Courtroom 5 before Magistrate Judge Martin C. Carlson. Dispositive Motions and Supporting Briefs are due by 3/29/2016. Signed by Magistrate Judge Martin C. Carlson on October 19, 2015. (kjn) |
Filing 178 Unopposed MOTION to Continue all Deadlines and Trial by Ninety Days by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Conrad, Jeffrey) |
Filing 177 CASE MANAGEMENT ORDER - Discovery deadline - 11/18/2015. Plaintiff's Expert Reports are due by 11/18/2015. Defendant's Expert Reports are due by 12/18/2015. A Final Pretrial Conference is set for 5/30/2016 at 10:00 AM in Harrisburg before Magistrate Judge Martin C. Carlson. Jury Selection and Jury Trial are set for 6/6/2016 at 9:30 AM in Harrisburg - Courtroom 5 before Magistrate Judge Martin C. Carlson. Dispositive Motions and Supporting Briefs are due by 2/18/2016. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on June 29, 2015. (kjn) |
Filing 175 Proposed Pretrial Order filed on behalf of ALL PARTIES BY CONSENT by John T. Symons. (Hatzell, John) |
Filing 174 SCHEDULING ORDER: A Telephonic Case Management Conference is set for 6/29/2015 at 1:00 PM before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on June 10, 2015. (kjn) |
Filing 173 CONSENT to Proceed Before a US Magistrate Judge Approved. Case reassigned to MJ. CarlsonSigned by Honorable Sylvia H. Rambo on 06/08/15. (ma) |
Filing 172 RESPONSE by Kristan Diaz-Cruz to #169 Order, Set Deadlines,, . (Conrad, Jeffrey) |
Filing 171 STATUS REPORT by John T. Symons. (Hatzell, John) |
Filing 170 RESPONSE by Thomas Rogers, William T. Williams to #169 Order, Set Deadlines,, . (Fulginiti, Joseph) |
Filing 169 ORDER - Accordingly, the parties shall notify the Court by June 8, 2015, regarding: The status of this case, including whether the parties consent to have this matter scheduled for trial by this court, or referred to the district court for the scheduling of any trial. Signed by Magistrate Judge Martin C. Carlson on May 22, 2015. (kjn) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $1.90 for PLRA CIVIL FILING FEE. Transaction posted on 4/6/2015. Receipt number 333043610 processed by rmiller. (jjs, ) |
Filing 168 ORDER: 1) The court adopts the r and r #162 of MJ Carlson.2) The mtn to dismiss or in the alternative for summary judgment #155 is GRANTED as to Dfts Bennion and Voorstad and they are DISMISSED from this action.3) This matter is remanded to MJ Carlson for further proceedings.Signed by Honorable Sylvia H. Rambo on 02/04/15. (ma) |
Filing 167 NOTICE by Kristan Diaz-Cruz re #162 REPORT AND RECOMMENDATIONS re #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment filed by Theodoor Voorstad, Peter Binnion (Conrad, Jeffrey) |
Filing 166 ORDER: 1) The stay is lifted;2) No later than 2/4/15, Pltf shall file objns to the report and recommendation of the MJ #162 or notify the court that objns will not be filed.Signed by Honorable Sylvia H. Rambo on 01/22/15. (ma) |
Filing 165 NOTICE of Appearance by Jeffrey A. Conrad on behalf of Kristan Diaz-Cruz (Conrad, Jeffrey) |
Filing 164 ORDER granting the MOTION to Withdraw as Attorney #163 filed by Atty Dennis E. Boyle. The Pro Bono Panel of the Federal Bar Assoc. for the MD of PA is requested to seek substitute counsel to represent Pltf. The court is aware that such substitute counsel may not be possible. The Pro Bono Panel shall notify this court of the outcome of the search.The ddl for filing objections to the r and r of the MJ #162 is stayed pending determination of substitute counsel for Pltf. (cc: Stephen Greecher)Signed by Honorable Sylvia H. Rambo on 09/12/14. (ma) |
Filing 163 MOTION to Withdraw as Attorney by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order)(Boyle, Dennis) |
Filing 162 REPORT AND RECOMMENDATION re #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment filed by Theodoor Voorstad, Peter Binnion - IT IS RECOMMENDED that the defendants motion to dismiss or in the alternative for summary judgment (Doc. 155.) be GRANTED and defendants Binnion and Voorstad should be DISMISSED fromthis action. Objections to R&R due by 8/25/2014. Signed by Magistrate Judge Martin C. Carlson on August 6, 2014. (kjn) |
Filing 161 RESPONSE by Kristan Diaz-Cruz to #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment , #156 Brief in Support . (Boyle, Dennis) |
Filing 160 CASE MANAGEMENT ORDER - Discovery deadline - 2/13/2015. Plaintiff's Expert Reports are due by 2/13/2015. Defendant's Expert Reports are due by 3/17/2015. Dispositive Motions and Supporting Briefs are due by 5/15/2015. Deadline to consent to proceed before a U.S. Magistrate Judge - 5/15/2015. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on July 1, 2014. (kjn) |
Filing 158 STATEMENT OF FACTS re #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment , #156 Brief in Support filed by Peter Binnion, Theodoor Voorstad.(Barchiesi, J.) |
Filing 157 APPENDIX by Peter Binnion, Theodoor Voorstad. to #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment , #156 Brief in Support . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Barchiesi, J.) |
Filing 156 BRIEF IN SUPPORT re #155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative MOTION for Summary Judgment filed by Peter Binnion, Theodoor Voorstad.(Barchiesi, J.) |
Filing 155 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION for Summary Judgment by Peter Binnion, Theodoor Voorstad. (Attachments: #1 Proposed Order)(Barchiesi, J.) |
Filing 154 CASE MANAGEMENT PLAN Joint by Kristan Diaz-Cruz. (Boyle, Dennis) |
Filing 153 NOTICE of Appearance by Kenneth E. Raleigh on behalf of Kristan Diaz-Cruz (Raleigh, Kenneth) |
Filing 152 SCHEDULING ORDER: A Telephonic Scheduling Conference IS set for 7/1/2014 at 10:00 AM before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on June 10, 2014. (kjn) |
Filing 151 ORDER: 1) The court adopts the r and r #150 of the MJ.2) The mtn to dismiss filed by Dfts Williams and Rogers #106 is DENIED without prejudice to consideration of the issues on summary judgment.3) This case is remanded to MJ Carlson. Signed by Honorable Sylvia H. Rambo on 06/10/14 (ma) |
Receipt of payment from KRISTAN DIAZ-CRUZ in the amount of $0.82 for PLRA CIVIL FILING FEE. Transaction posted on 5/13/2014. Receipt number 333037848 processed by tscott. (jjs, ) |
Filing 150 REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the Motion to Dismiss filed by Defendants Williams and Rogers (Doc. #106 .) be DENIED without prejudice to consideration of these issues on summary judgment. Objections to R&R due by 5/23/2014. Signed by Magistrate Judge Martin C. Carlson on May 6, 2014. (kjn) |
Filing 149 ORDER - IT IS ORDERED that the Joint Motion #148 to Stay Deadlines Pending Ruling on Outstanding Motions is GRANTED. All deadlines are hereby stayed pending a resolution of the outstanding Motion to Dismiss filed by Defendants Rogers and Williams. Signed by Magistrate Judge Susan E. Schwab on 4/16/14. (rc) |
Filing 148 Joint MOTION to Stay Deadlines Pending Ruling On Outstanding Motions by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Boyle, Dennis) |
Filing 147 ORDER - IT IS ORDERED that a telephonic case management conference will be held on April 25, 2014, at 10:00 a.m.. The Plaintiff shall initiate the call,ensuring that all parties are on the telephone line, before contacting the Court at telephone number 717-614-4120. Local Rule 16.3 requires lead counselfor each party to meet prior to the management conference and complete a "Joint Case Management Plan" form. In this case the Court seeks a supplemental form from the parties setting a timetable for any further discovery, motions practice or other proceedings. The completed form, which is set forth in Appendix A of the Local Rules, must be filed on or before April 18, 2014...SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on 4/4/14. (rc) |
Filing 146 ORDER: Pgrphs 5 and 6 of this courts 3/12/14 order are vacated; Case re-opened and Remanded to MJ Martin C. Carlson. Signed by Honorable Sylvia H. Rambo on 03/25/14. (ma) |
Filing 145 MOTION for Reconsideration re #143 Order on Motion to Dismiss for Failure to State a Claim,, Order on Report and Recommendations,,,,, by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order)(Boyle, Dennis) |
Filing 144 Letter dated 3/10/14 from Kristan Diaz-Cruz re: Requesting Copy of Doc. 57. (Attachments: #1 Letter to Plaintiff). (ams) |
Filing 143 ORDER: 1) The court adopts the 2/10/14 r and r of MJ Carlson #141 .2) The mtn to dismiss filed by Dfts Victoria Gessner and PrimeCare Medical #125 is GRANTED.3) The court adopts the 2/12/14 r and r of MJ Carlson #142 .4) The mtn to dismiss filed by Dft Corizon #127 is granted.5) The Clerk of Court shall close the file.6) This court declines to issue a certificate of appealability.proceedings.Signed by Honorable Sylvia H. Rambo on 03/12/14 (ma) |
Filing 142 REPORT AND RECOMMENDATION re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corizon. IT IS HEREBY RECOMMENDED THAT the defendants motions to dismiss (Doc. 127), be granted. Objections to R&R due by 3/3/2014. Signed by Magistrate Judge Martin C. Carlson on February 12, 2014. (kjn) |
Filing 141 REPORT AND RECOMMENDATION re #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Victoria Gessner, PrimeCare Medical, Inc. - IT IS HEREBY RECOMMENDED THAT the defendants motions to dismiss (Doc. 125), be granted. Objections to R&R due by 2/27/2014. Signed by Magistrate Judge Martin C. Carlson on February 10, 2014. (kjn) |
Filing 140 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Travis S. Weber terminated on behalf of Kristan Diaz-Cruz. (Weber, Travis) |
Filing 139 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Devon M. Jacob terminated on behalf of Plaintiff. (Attachments: #1 Exhibit(s) Exhibit A, #2 Proposed Order)(Jacob, Devon) |
Filing 138 RECEIPT LETTER $ 0.65, receipt number 333034254 Diaz-Cruz Partial filing fee 11/18/13 (bg) |
Filing 137 RECEIPT LETTER $ 0.78, receipt number 333032979 Cruz Partial filing fee 9/30/13 (bg) |
Filing 136 BRIEF IN OPPOSITION re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Brief in Opposition filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 135 STIPULATION that Plaintiff be permitted to file Amended Brief in Opposition to Corizon's Motion to Dismiss by Kristan Diaz-Cruz, filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 134 BRIEF IN OPPOSITION re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PHS and Corizon filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 133 BRIEF IN OPPOSITION re #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Defendants Gessner and PrimeCare filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 132 ORDER granting #131 MOTION for Extension of Time to file a Brief in Opposition to the defendants Motion to Dismiss, (Doc. 131.), IT IS ORDERED that this request is GRANTED. With respect to the motion to dismiss, the plaintiff shall file a response in accordance with Local Rule 7.6 on or before August 23, 2013. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before September 6, 2013. Signed by Magistrate Judge Martin C. Carlson on August 16, 2013. (kjn) |
Filing 131 MOTION for Extension of Time to File Brief in Opposition and to Exceed Page Limitation filed by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Weber, Travis) |
Filing 130 Corporate Disclosure Statement by Corizon identifying Corporate Parent American Service Group, Inc. for Corizon.. (Mongiello, Michael) |
Filing 129 CERTIFICATE of Non-Concurrence by Corizon re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Mongiello, Michael) |
Filing 128 BRIEF IN SUPPORT re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corizon.(Mongiello, Michael) |
Filing 127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Corizon. (Attachments: #1 Proposed Order, #2 Exhibit(s) Exhibit "A" - Complaint, #3 Exhibit(s) Exhibit "B" - Amended Complaint, #4 Exhibit(s) Exhibit "C" - Second Amended Complaint, #5 Exhibit(s) Exhibit "D" - Unsworn Declaration of Thomas A. Smith, CPCU)(Mongiello, Michael) |
Filing 126 BRIEF IN SUPPORT re #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint filed by Victoria Gessner, PrimeCare Medical, Inc.. (Attachments: #1 Exhibit(s) A (Grier v. Univ. of PA Health System), #2 Exhibit(s) B (Muhammed v. Pawlowski), #3 Exhibit(s) C (Spade v. Star Bank), #4 Exhibit(s) D (Gillespie v. Paluch))(Ninosky, John) |
Filing 125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint by Victoria Gessner, PrimeCare Medical, Inc.. (Attachments: #1 Proposed Order)(Ninosky, John) |
Filing 124 ORDER granting the Motion for Leave to File Excess Pages #123 . Moving dft may file a brsup of its mtn to dismiss pltf's 2nd amended complaint not to exceed 9500 words. Signed by Magistrate Judge Martin C. Carlson on 08/01/13 (ma) |
Filing 123 MOTION to Exceed Page Limitation by PHS Correctional Healthcare. (Attachments: #1 Proposed Order)(Mongiello, Michael) |
DOCKET ANNOTATION: Document 119 deleted due to filing error. (rc) |
Filing 122 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Michael C. Mongiello terminated on behalf of Peter Binnion and Theodoor Voorstad. (Mongiello, Michael) |
Filing 121 NOTICE of Appearance by J. Eric Barchiesi on behalf of Peter Binnion, Theodoor Voorstad (Barchiesi, J.) |
Filing 120 RECEIPT LETTER $ 6.00, receipt number 333031268 Kristian Diaz-Cruz partial filing fee 7/23/13 (lh) |
Filing 118 BRIEF IN OPPOSITION re #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Rogers and Williams filed by Kristan Diaz-Cruz. (Attachments: #1 Exhibit(s))(Weber, Travis) |
Filing 117 WAIVER OF SERVICE Returned by PHS Correctional Healthcare, Corizon. PHS Correctional Healthcare waiver sent on 6/3/2013, answer due 8/2/2013; Corizon waiver sent on 6/3/2013, answer due 8/2/2013. (Mongiello, Michael) |
Filing 116 WAIVER OF SERVICE Returned by Theodoor Voorstad. Theodoor Voorstad waiver sent on 6/3/2013, answer due 8/2/2013. (Mongiello, Michael) |
Filing 115 WAIVER OF SERVICE Returned by Peter Binnion. Peter Binnion waiver sent on 6/3/2013, answer due 8/2/2013. (Mongiello, Michael) |
Filing 114 NOTICE of Appearance by Michael C. Mongiello on behalf of Peter Binnion, Corizon, PHS Correctional Healthcare, Theodoor Voorstad. (Mongiello, Michael) |
Filing 113 ORDER - IT IS HEREBY ORDERED that the motion is GRANTED. An amended scheduling order will be issued.Signed by Magistrate Judge Martin C. Carlson on 07/03/13 (pjr) |
Filing 112 MOTION for Extension of Time to File Brief in Opposition to Corrections Defendants' Motion to Dismiss filed by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Weber, Travis) |
Filing 111 NOTICE by Victoria Gessner, PrimeCare Medical, Inc. Consent and Reference of a Civil Action to a Magistrate Judge (Ninosky, John) |
Filing 110 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by PrimeCare Medical, Inc.. (Ninosky, John) |
Filing 109 WAIVER OF SERVICE Returned by Victoria Gessner, PrimeCare Medical, Inc.. Victoria Gessner waiver sent on 6/3/2013, answer due 8/2/2013; PrimeCare Medical, Inc. waiver sent on 6/3/2013, answer due 8/2/2013. (Ninosky, John) |
Filing 108 NOTICE of Appearance by John R. Ninosky on behalf of Victoria Gessner, PrimeCare Medical, Inc. (Ninosky, John) |
Filing 107 BRIEF IN SUPPORT re #106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas Rogers, William T. Williams.(Fulginiti, Joseph) |
Filing 106 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas Rogers, William T. Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 105 WAIVER OF SERVICE Returned by William T. Williams, Thomas Rogers. William T. Williams waiver sent on 6/3/2013, answer due 8/2/2013; Thomas Rogers waiver sent on 6/3/2013, answer due 8/2/2013. (Fulginiti, Joseph) |
Filing 104 WAIVER OF SERVICE Returned by John T. Symons. Doctor Symons waiver sent on 6/3/2013, answer due 8/2/2013. (Hatzell, John) |
Filing 103 ANSWER to #101 Amended Complaint by Doctor Symons.(Hatzell, John) |
Filing 102 Summons Issued as to Peter Binnion, Corizon, Victoria Gessner, John Doe 1, PHS Correctional Healthcare, PrimeCare Medical, Inc., Thomas Rogers, John T. Symons, Theodoor Voorstad, William T. Williams and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (pjr) |
Filing 101 AMENDED COMPLAINT against Peter Binnion, Corizon, Victoria Gessner, John Doe 1, PHS Correctional Healthcare, PrimeCare Medical, Inc., Thomas Rogers, John T. Symons, Theodoor Voorstad, William T. Williams, filed by Kristan Diaz-Cruz.(pjr) |
Filing 100 MEMORANDUM ORDER granting #89 MOTION for Leave to File Second Amended Complaint filed by Kristan Diaz-Cruz. The Clerk of Court shalldocket the second amended complaint (Doc. 89-3.) as a standalone entry on thedocket of this case, and the plaintiff shall ensure that any party named as a defendant in the second amended complaint is properly served in accordance with Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Martin C. Carlson on May 22, 2013. (kjn) |
Filing 99 REPLY BRIEF re #89 MOTION for Leave to File Second Amended Complaint filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 98 RESPONSE by Doctor Symons to Motiion to Stay Deadlines. (Hatzell, John) |
DOCKET ANNOTATION: COUNSEL is advised that Document 95 filed 4/11/13 is to be REDOCKETED using the event RESPONSE located under OTHER DOCUMENTS. (jc) |
Filing 97 ORDER granting #94 Motion to Stay. A case management schedule will issue upon resolution of the pending motion for leave to amend. Signed by Magistrate Judge Martin C. Carlson on April 11, 2013. (kjn) |
Filing 96 BRIEF IN SUPPORT re #94 MOTION to Stay Litigation Deadlines and for Revised Scheduling Order filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 95 BRIEF IN OPPOSITION re #94 MOTION to Stay Litigation Deadlines and for Revised Scheduling Order filed by Doctor Symons.(Hatzell, John) |
Filing 94 MOTION to Stay Litigation Deadlines and for Revised Scheduling Order by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Weber, Travis) |
Filing 93 BRIEF IN OPPOSITION re #89 MOTION for Leave to File Second Amended Complaint filed by Doctor Symons.(Hatzell, John) |
Filing 92 RECEIPT LETTER $ 10.00, receipt number 333028570 Cruz Partial filing fee 3/22/13 (bg) |
Filing 91 ORDER - Upon consideration of the plaintiffs motion for leave to exceed page limitations in his brief in support of the motion for leave to file a second amended complaint (Doc. 88), IT IS HEREBY ORDERED THAT the motion is GRANTED.IT IS FURTHER ORDERED THAT any defendant opposing the motion for leave to file a second amended complaint (Doc. 89) shall file a brief on or before Thursday, April 4, 2013. Signed by Magistrate Judge Martin C. Carlson on March 22, 2013. (kjn) |
Filing 90 BRIEF IN SUPPORT re #89 MOTION for Leave to File Second Amended Complaint filed by Kristan Diaz-Cruz.(Weber, Travis) |
Filing 89 MOTION for Leave to File Second Amended Complaint by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order, #3 Exhibit(s) A, #4 Exhibit(s) B)(Weber, Travis) |
Filing 88 MOTION for Leave to File by Kristan Diaz-Cruz. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Weber, Travis) |
Filing 87 ORDER granting #86 MOTION for Extension of Time to All Litigation Deadlines by 90 Days. Discovery deadline 5/1/2013. Plaintiff's Expert Reports are due by 5/1/2013. Defendant's Expert Reports are due by 5/15/2013. Dispositive Motions due by 5/31/2013. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on January 24, 2013. (kjn) |
Filing 86 MOTION for Extension of Time to All Litigation Deadlines by 90 Days by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Jacob, Devon) |
Filing 85 RECEIPT LETTER $ 41.90, receipt number 333026947 Diaz-Cruz Partial filing fee 333026981 (bg) |
Filing 84 Letter from Diaz-Cruz requesting case status (bg) |
Filing 83 CASE MANAGEMENT ORDER - Close of Fact Discovery: 2/1/2013. Plaintiff's Expert Reports are due by 2/1/2013. Defendant's Expert Reports are due by 2/15/2013. Responses to Exper Reports, Dispositive Motions and Supporting Briefs, and Consent deadline: 3/1/2012. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on October 18, 2012. (kjn ) |
Filing 81 CASE MANAGEMENT PLAN Joint Case Management Plan by Kristan Diaz-Cruz. (Jacob, Devon) |
Filing 80 ORDER granting #79 Motion to Continue. The Case Management Conference is RESCHEDULED to 10/18/2012 at 10:00 AM before Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C. Carlson on October 3, 2012. (kjn ) |
Filing 79 Unopposed MOTION to Continue Case Management Conf of 10-15-12 at 9:30 AM by Doctor Symons.(Hatzell, John) |
Filing 78 SCHEDULING ORDER: A Telephonic Case Management Conference is set for 10/15/2012 at 9:30 AM in Harrisburg before Magistrate Judge Martin C. Carlson. Joint case management plan due on or before 10/12/2012. Signed by Magistrate Judge Martin C. Carlson on October 1, 2012. (kjn ) |
Filing 77 RECEIPT LETTER $.54, receipt number 333024952 Kristan Diaz Cruz Partial filing fee 8/20/12 (ga, ) |
Filing 76 NOTICE of Appearance by Travis S. Weber on behalf of Kristan Diaz-Cruz (Weber, Travis) |
Filing 75 NOTICE of Appearance by Dennis E. Boyle on behalf of Kristan Diaz-Cruz (Boyle, Dennis) |
Filing 74 NOTICE of Appearance by Devon M. Jacob on behalf of Kristan Diaz-Cruz (Jacob, Devon) |
Filing 73 ORDER: 1) The court adopts the r and r #71 of MJ Carlson.2) The request for injunctive relief #60 is DENIED.3) This matter is remanded to MJ Carlson for further proceedings. Signed by Honorable Sylvia H. Rambo on 07/24/12 (ma, ) |
Filing 72 Letter dated 6/29/2012 re: court appointed counsel for plaintiff. (kjn ) |
Filing 71 REPORT AND RECOMMENDATION re #60 MOTION for Temporary Restraining Order filed by Kristan Diaz-Cruz - IT IS RECOMMENDED that the plaintiffs motion for a temporary restraining order pursuant to FRCP 65(b) (Doc. 60.)be denied. Objections to R&R due by 7/16/2012. Signed by Magistrate Judge Martin C. Carlson on June 27, 2012. (kjn ) |
Filing 70 Letter from Magistrate Judge Carlson to Stephen M. Greecher, Jr., Esq dated 6/27/2012. (kjn ) |
Filing 69 MEMORANDUM AND ORDER conditionally granting #58 Motion to Appoint Counsel. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on June 27, 2012. (kjn ) |
Filing 68 RESPONSE by Doctor Symons to Motion of Plaintiff to Appoint Counsel and for an Injunction concering mai. (Hatzell, John) |
DOCKET ANNOTATION: Document 67 filed 4/27/12 deleted and replaced by Document 68. (jc) |
DOCKET ANNOTATION: COUNSEL is advised that Document 67 filed 4/27/12 is to be REDOCKETED using the event RESPONSE located under OTHER DOCUMENTS. (jc) |
Filing 66 ANSWER to #31 Amended Complaint by Sgt Rogers.(Fulginiti, Joseph) |
Filing 65 BRIEF IN OPPOSITION re #58 MOTION to Appoint Counsel, #60 MOTION for Temporary Restraining Order filed by Sgt Rogers.(Fulginiti, Joseph) |
Filing 64 ORDER - the Court having received from the Plaintiff a motion for appointment of counsel (Doc,. #58 ), and for injunctive relief, (Doc. #60 ), IT IS ORDERED as follows: With respect to these motions, the Defendantsshall file responses to the motions in accordance with Local Rule 7.6 on or before May 7, 2012. Pursuant to Local Rule 7.7 the Movant may then file reply briefs on or before May 21, 2012. Signed by Magistrate Judge Martin C. Carlson on April 23, 2012. (kjn ) |
Filing 63 ORDER: 1) The court adopts the r and r #57 of MJ Carlson.2) Dfts mtn to dismiss #46 is GRANTED IN PART AND DENIED IN PART as follows:a) The motion to dismiss is granted as to Dfts Williams, Rackovan and Lamas and the Clerk of Court shall remove these Dfts from the caption of this action.b) The mtn to dismiss is denied as to Dft Rogers.3) The captioned case is remanded to MJ Carlson for further proceedings.Signed by Honorable Sylvia H. Rambo on 04/19/12 (ma, ) |
Filing 62 ORDER: Pltf's request for an extn of time #61 is GRANTED.Pltf shall have until 4/9/12, to file objections to the 3/1/12 reportand recommendation. Signed by Honorable Sylvia H. Rambo on 03/19/12. (ma, ) |
Filing 61 Letter from Kristan Diaz-Cruz requesting additional time (bg, ) |
Filing 60 MOTION for Temporary Restraining Order by Kristan Diaz-Cruz. (Attachments: #1 Exhibit M(1))(cw, ) |
Filing 59 BRIEF IN SUPPORT re #58 MOTION to Appoint Counsel filed by Kristan Diaz-Cruz.(cw, ) |
Filing 58 MOTION to Appoint Counsel by Kristan Diaz-Cruz.(cw, ) |
DOCKET ANNOTATION: Document 58 deleted and will be refiled by docket clerk. (cw, ) |
Filing 57 REPORT AND RECOMMENDATION re #46 MOTION to Dismiss - IT IS RECOMMENDED that the Defendants Motion to Dismiss be GRANTED as to Defendants Williams, Rackovan and Lamas. IT IS RECOMMENDED that the Defendants Motion to Dismiss be DENIED as to Defendant Rogers. Objections to R&R due by 3/19/2012. Signed by Magistrate Judge Martin C. Carlson on March 1, 2012. (kjn ) |
Filing 56 ANSWER to #31 Amended Complaint by Doctor Symons.(Hatzell, John) |
Filing 55 ORDER: 1) The court adopts the r and r of MJ Carlson #49 .2) Dft Symons mtn to dismiss #35 is DENIED without prejudice.3) This matter is remanded to MJ Carlson for further proceedings. Signed by Honorable Sylvia H. Rambo on 12/21/11 (ma, ) |
Filing 54 Supplement by Kristan Diaz-Cruz. to #53 Brief in Opposition. (Attachments: #1 Exhibit(s))(bg, ) |
Filing 53 BRIEF IN OPPOSITION re #46 MOTION to Dismiss Amended Complaint filed by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order)(bg, ) |
Filing 52 ORDER of USCA as to #41 Notice of Appeal, filed by Kristan Diaz-Cruz granting motion to proceed in forma pauperis. Warden is directed to forward payments to the United States District Court for the Middle District of Pennsylvania.(Bowers, Marianne) |
Filing 51 ORDER - the Court having received from the pltf a motion for extension of time (Doc. #50 ), in which to respond to the motion to dismiss the amended complaint and brief from the corrections dfts, (Doc. #46 ),we will GRANT this motion (Doc. #50 ) and set the following revised schedule for resolution of this matter. IT IS ORDERED as follows: With respect to this motion, the pltf shall file a response to the motion in accordance with Local Rule 7.6 on or before December 19, 2011. Pursuant to Local Rule 7.7 the movant may then file a reply brief on or before January 3, 2012. Signed by Magistrate Judge Martin C. Carlson on December 6, 2011. (kjn ) |
Filing 50 MOTION for Extension of Time to File Brief in Opposition to #46 MOTION to Dismiss Amended Complaint filed by Kristan Diaz-Cruz.(bg, ) |
Filing 49 REPORT AND RECOMMENDATION re #35 MOTION to Dismiss Amended Complaint and Cert of Service and Order filed by Doctor Symons - IT IS RECOMMENDED that the Motion to Dismiss filed by defendant Symons (Docs. 35) be DENIED without prejudice to consideration of this issue on summary judgment. Objections to R&R due by 12/16/2011. Signed by Magistrate Judge Martin C. Carlson on November 29, 2011. (kjn ) |
Filing 48 ORDER re #46 MOTION to Dismiss Amended Complaint. IT IS ORDERED as follows: With respect to this motion, the plaintiff shall file a response to the motion in accordance with Local Rule 7.6 on or before December 5, 2011. Pursuant to Local Rule 7.7 the movant may then file a reply brief on or before December 19, 2011. Signed by Magistrate Judge Martin C. Carlson on November 21, 2011. (kjn ) |
Filing 47 BRIEF IN SUPPORT re #46 MOTION to Dismiss Amended Complaint filed by Marirosa Lamas, Jeffery Rackovan, Sgt Rogers, Ted Williams. (Attachments: #1 Appendix, #2 Exhibit(s), #3 Exhibit(s))(Fulginiti, Joseph) |
Filing 46 MOTION to Dismiss Amended Complaint by Marirosa Lamas, Jeffery Rackovan, Sgt Rogers, Ted Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 45 REPLY BRIEF re #35 MOTION to Dismiss Amended Complaint and Cert of Service and Order filed by Doctor Symons.(Hatzell, John) |
Filing 44 BRIEF IN OPPOSITION re #35 MOTION to Dismiss Amended Complaint and Cert of Service and Order filed by Kristan Diaz-Cruz. (Attachments: #1 Supplement, #2 Proposed Order)(bg, ) |
Filing 43 USCA Case Number 11-4051 for #41 Notice of Appeal, filed by Kristan Diaz-Cruz. USCA Case Manager Marianne (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Bowers, Marianne) |
Filing 42 ORDER - T IS HEREBY ORDERED THAT Plaintiff shall file a brief in opposition to Defendant Symonss motion to dismiss on or before Wednesday, November 9, 2011. Signed by Magistrate Judge Martin C. Carlson on November 2, 2011. (kjn ) |
Filing 41 NOTICE OF APPEAL in PRISONER Case as to #40 Order on Motion to Appoint Counsel filed by Kristan Diaz-Cruz. Filing Fee and Docket Fee NOT PAID. Motion for IFP Granted. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (pjr) Modified on 3/20/2014 (jw). |
Filing 40 MEMORANDUM AND ORDER denying #38 Motion to Appoint Counsel. Signed by Magistrate Judge Martin C. Carlson on October 25, 2011. (kjn ) |
Filing 39 RECEIPT LETTER $ 4.00, receipt number 333020669 Diaz-Cruz Partial filing fee 10/25/2011 (bg, ) |
Filing 38 MOTION to Appoint Counsel filed by Kristan Diaz-Cruz.(pjr) (Additional attachment(s) added on 10/25/2011: #1 Proposed Order) (pjr, ). |
Filing 37 ORDER re #35 MOTION to Dismiss Amended Complaint filed by Doctor Symons - IT IS ORDERED as follows: With respect to this motion, the plaintiff shall file a response to the motion in accordance with Local Rule 7.6 on or before November 1, 2011. Pursuant to Local Rule 7.7 the movant may then file a reply brief on or before November 15, 2011. Signed by Magistrate Judge Martin C. Carlson on October 19, 2011. (kjn ) |
Filing 36 BRIEF IN SUPPORT re #35 MOTION to Dismiss Amended Complaint and Cert of Service and Order filed by Doctor Symons.(Hatzell, John) |
Filing 35 MOTION to Dismiss Amended Complaint and Cert of Service and Order by Doctor Symons. (Attachments: #1 Exhibit(s))(Hatzell, John) |
Filing 34 WAIVER OF SERVICE Returned Marirosa Lamas waiver sent on 9/27/2011, answer due 11/28/2011; Jeffery Rackovan waiver sent on 9/27/2011, answer due 11/28/2011; Sgt Rogers waiver sent on 9/27/2011, answer due 11/28/2011; Ted Williams waiver sent on 9/27/2011, answer due 11/28/2011. (bg, ) |
Filing 33 WAIVER OF SERVICE Returned by Kristan Diaz-Cruz. Doctor Symons waiver sent on 10/3/2011, answer due 12/2/2011. (Hatzell, John) |
Filing 32 Letter dated 9/22/2011 from Kristan Diaz-Cruz re: large print (bg, ) |
Filing 31 AMENDED COMPLAINT filed by Kristan Diaz-Cruz.(pjr) |
Filing 30 Summons Issued as to Marirosa Lamas, Jerry A. Rackovan, Dr. Simmons, William Ted Williams, Sgt Rogers and provided to USM SCR for service on Defendant(s). (kjn ) (kjn, ). |
Filing 29 ORDER - IT IS HEREBY ORDERED THAT: 1. The motion for leave to file an amended complaint is GRANTED.2. The Clerk of Court shall place the amended complaint, which is attached to Pltfs motion, on the docket as a separate entry.3. The Clerk of Court shall serve Pltfs amended complaint in accordance with Rule 4 of the Federal Rules of Civil Procedure.4. Dfts are requested to waive service pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. 5.Dfts pending motions to dismiss Pltfs initial complaint (Docs. 17, 21) are DENIED as moot. Dfts shall be permitted to answer or otherwise respond to the amended complaint in accordance with Rule 12 of the Federal Rules of Civil Procedure following service of the amended complaint.Signed by Magistrate Judge Martin C. Carlson on September 21, 2011. (kjn ) |
Filing 28 MOTION for Leave to Amend/Correct #1 Complaint by Kristan Diaz-Cruz.(bg, ) |
Filing 27 MEMORANDUM OPINION AND ORDER granting dft's #25 Motion to Stay. Signed by Magistrate Judge Martin C. Carlson on September 19, 2011. (kjn ) |
Filing 26 BRIEF IN SUPPORT re #25 MOTION to Stay Discovery filed by Marirosa Lamas, Jerry A. Rackovan, William Ted Williams. (Attachments: #1 Appendix, #2 Exhibit(s))(Fulginiti, Joseph) |
Filing 25 MOTION to Stay Discovery by Marirosa Lamas, Jerry A. Rackovan, William Ted Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 24 ORDER re #21 MOTION to Dismiss. IT IS ORDERED as follows: With respect to this motion, the plaintiff shall file a response to the motion in accordance with Local Rule 7.6 on or before September 29, 2011. Pursuant to Local Rule 7.7 the movant may then file a reply brief on or before October 13, 2011. Signed by Magistrate Judge Martin C. Carlson on September 16, 2011. (kjn ) |
Filing 23 BRIEF IN SUPPORT re #21 MOTION to Dismiss filed by Dr. Simmons.(Hatzell, John) |
Filing 22 Letter from Mr. Cruz re: Appointment of Counsel (bg, ) |
Filing 21 MOTION to Dismiss by Dr. Simmons.(Hatzell, John) |
Filing 20 ORDER re #17 MOTION to Dismiss. IT IS ORDERED as follows: With respect to this motion, the plaintiff shall file a response to the motion in accordance with Local Rule 7.6 on or before September 26, 2011. Pursuant to Local Rule 7.7 the movant may then file a reply brief on or before October 10, 2011. Signed by Magistrate Judge Martin C. Carlson on September 12, 2011. (kjn ) |
Filing 19 MEMORANDUM AND ORDER denying #16 Motion to Appoint Counsel without prejudice to re-examining this issue as this litigation progresses. Signed by Magistrate Judge Martin C. Carlson on September 12, 2011. (kjn ) |
Filing 18 BRIEF IN SUPPORT re #17 MOTION to Dismiss filed by Marirosa Lamas, Jerry A. Rackovan, William Ted Williams.(Fulginiti, Joseph) |
Filing 17 MOTION to Dismiss by Marirosa Lamas, Jerry A. Rackovan, William Ted Williams. (Attachments: #1 Proposed Order)(Fulginiti, Joseph) |
Filing 16 MOTION to Appoint Counsel by Kristan Diaz-Cruz. (Attachments: #1 Proposed Order)(bg, ) |
Filing 15 RECEIPT LETTER $ 2.00, receipt number 333019879 Cruz Partial filing fee 8/29/2011 (bg, ) |
Filing 14 WAIVER OF SERVICE Returned by Dr. Simmons. Dr. Simmons waiver sent on 7/19/2011, answer due 9/26/2011. (Hatzell, John) |
Filing 13 WAIVER OF SERVICE Returned by Dr. Simmons. Dr. Simmons waiver sent on 7/27/2011, answer due 9/26/2011. (Hatzell, John) |
Filing 12 NOTICE of Appearance by John J. Hatzell, Jr on behalf of Dr. Simmons (Hatzell, John) |
DOCKET ANNOTATION: COUNSEL is advised that Document 13 filed 8/26/11 does not reflect the date that the waiver was sent. Please REDOCKET the waiver of service of summons with the date the waiver was sent. (jc) |
Filing 11 WAIVER OF SERVICE Returned by Kristan Diaz-Cruz. Marirosa Lamas waiver sent on 7/19/2011, answer due 9/19/2011; Jerry A. Rackovan waiver sent on 7/19/2011, answer due 9/19/2011. (ga, ) |
Filing 10 NOTICE of Appearance by Joseph G. Fulginiti on behalf of Marirosa Lamas, Jerry A. Rackovan, William Ted Williams (Fulginiti, Joseph) |
Filing 9 EXHIBIT filed by Kristan Diaz-Cruz. (pjr) |
Filing 8 Summons Issued as to Marirosa Lamas, Jerry A. Rackovan, Dr. Simmons, William Ted Williams and provided to USM SCR for service on Defendant(s). (kjn ) (kjn, ). |
Filing 7 ORDER - IT IS ORDERED that the plaintiff's request to proceed in forma pauperis (Doc. #2 ) is GRANTED. The Clerk of Court is directed to serve plaintiff's complaint in accordance with F.R.C.P. 4. The defendants are requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Martin C. Carlson on July 14, 2011. (kjn) |
Filing 6 PRO SE LETTER ISSUED w/ Notice & Consent Form. (jc) |
Filing 5 STANDING PRACTICE ORDER informing the parties to this action of their briefing and other responsibilities. (jc) |
Filing 4 ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden, Financial & Plaintiff. (jc) |
DOCKET ANNOTATION: Case file sent to Magistrate Judge Carlson via Scranton scanning clerk. (jc) |
Filing 3 PRISONER AUTHORIZATION by plaintiff Kristan Diaz-Cruz allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account. (jc) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by plaintiff Kristan Diaz-Cruz.(jc) |
Filing 1 COMPLAINT - N/C to pltf.; jury trial demanded.(jc) |
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