Tenon v. Dreibelbis et al
| Anthony L. Tenon |
| William Dreibelbis, Ronald Long, Josh Mahuut, Sean Tyson and Doctor Agawal |
| 1:2012cv01278 |
| July 3, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Huntingdon |
| William W. Caldwell |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
137
ORDER: In accord with the accompanying Memorandum; 1. Pltfs mtn in limine 133 is granted in part and denied in part.2. Granted as to Pltfs 2001 convictions and those convictions are excluded from evidence at trial.3. Denied as to Pltfs 2005 convict ions.4. Dft may present evidence of Pltfs 2005 convictions. The evidence shall be limited to the number of the convictions, not the names or descriptions of the offenses, that qualify as convictions under Fed. R. Evid. 609(a)(1). Signed by Honorable William W. Caldwell on 6/26/17. (ma)
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Filing
129
ORDER: In accord with the accompanying Memorandum 128 : 1. The mtn 113 for summary jgmnt of dft Dr. Ramesh Agarwal is granted.2. The Clerk of Court shall enter judgment in favor of dft Dr. Ramesh Agarwal and against Pltf.3. The mtn 115 for summa ry jgmnt of dft Dr. Donald Long is granted in part and denied in part.4. Dr. Longs mtn is granted as to the claim based on untimely surgery and the Clerk of Court shall enter jgmnt in Dr. Longs favor and against Pltf on the untimely jaw surgery claim.5. In all other respects, Dr. Longs mtn is denied.6. This case is scheduled for the July 2017 trial term.7. All pretrial mtns shall be filed by 6/9/17.Signed by Honorable William W. Caldwell on 4/12/17. (ma)
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Filing
98
ORDER (memorandum filed previously as separate docket entry) DENYING 93 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Doctor Agawal. Signed by Honorable William W. Caldwell on 6/7/16. (pw)
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Filing
72
ORDER: 1. The magistrate judges R & R 66 is adopted. 2. The motion 46 for summary judgment filed by Dft Long is GRANTED. 3. The mtn 50 for summary judgment filed by Dft Dreibelbis is GRANTED.4. The Clerk of Court shall enter judgment in favor of Dfts Long and Dreibelbis and against Pltf.5. The Clerk of Court shall close this file. Signed by Honorable William W. Caldwell on 11/7/13. (ma)
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Filing
23
ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge Thomas M. Blewitt. AND NOW, this 17th day of December, 2012, upon consideration of the report and recommendation (R&R) of Magistrate Judge Blewitt 20 , to which no ob jections have been filed, and upon independent review of the record, the court finds no error in the R&R and concludes that the R&R should be adopted. Accordingly, it is ORDERED that: 1. The R&R 13 is adopted. 2. Plaintiffs Eighth Amendment claims of denial of medicalcare may proceed against Defendants Dreibelbis and Long. 3. The following claims are dismissed with prejudice: a. Plaintiffs Eighth Amendment claims of denial of medical care against Defendants Mahuut, Tyson, and Agawal. b. Plaint iffs state law negligence claims against all Defendants. c. Plaintiffs request for declaratory relief, seeking a declaration that Defendants past conduct violated his constitutional rights. d. Plaintiffs request for compensatory and punitive damages, to the extent that Plaintiff seeks such damages against Defendants in their official capacities. 4. This case is remanded to the Magistrate Judge for further proceedings, including service of Plaintiffs amended complaint on Defendants Dreibelbis and Long, and furtherincluding an R&R on any dispositive motions that may be filed thereafter. 1 Signed by Honorable William W. Caldwell on 12/17/12. (am)
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