Eberhardinger v. City of York et al
Erika Eberhardinger |
City of York, York City Police Department, Benjamin Praster, Benjamin Smith, Matthew Foster, State Farm Mutual Automobile Insurance Company, State Farm Fire & Casualty Company, State Farm Insurance Company, State Farm Companies, State Farm and State Farm Insurance |
1:2016cv02481 |
December 15, 2016 |
US District Court for the Middle District of Pennsylvania |
Harrisburg Office |
York |
Christopher C. Conner |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 163 ORDER GRANTING IN PART & DENYING IN PART Officer Smith's omnibus MIL 127 ... (see Paras 1a-e for specifics), & DENYING pltf's motion 134 to strike. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/29/19. (ki) |
Filing 141 ORDER granting pltf's MIL 99 - Defts PRECLUDED from discussing or referring to Foster's 2015 conviction for aggravated assault resulting from his plea of nolo contendre - Defts further PRECLUDED from making or eliciting statements that indicate Foster's guilt as to this offense or that reference related factual allegations or proffers from his 2015 plea & sentencing. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/26/19. (ki) |
Filing 139 ORDER denying as moot pltf's MIL 98 to exclude expert evidence @ trial from Dr. Dahmus without prejudice to pltf's right to reassert the motion @ trial should relevant circumstances change. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 9/25/19. (ki) |
Filing 110 ORDER granting deft Smith's motion to stay case 106 pending appeal, staying case until further order, suspending pretrial & trial schedule inc. cancel PTC & JS/Trial, & directing parties to provide written notice to ct re: outcome of 1/3/19 mediation by no later than 1/11/19. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/28/18. (ki) |
Filing 88 ORDER (Memorandum 87 filed previously as separate docket entry) - It is hereby ORDERED that: 1. MSJ 58 by City & Officer Smith granted in part & denied in part - a. Sum jdgmt GRANTED in City's favoras to Monell failure-to-train claim (Ct II) , b. Sum jdgmt DENIED as to 4th Amend excessive force claim against Officer Smith (Ct I).; 2; State Farm's MSJ 60 GRANTED in its entirety.; 3. Clrk of Ct shall enter jdgmt in State Farm's favor & against pltf on all claims. Clrk of Ct shall enter jdgmt in City's favor & against pltf on Ct II.; 4. State Farm's MTD 51 DISMISSED as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/17/18. (ki) |
Filing 81 ORDER denying pltf's motion 79 for reconsideration of 5/2/18 order. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/14/18. (ki) |
Filing 78 ORDER granting defts' motion 77 to stay proceedings pending outcome of motion for summary judgment. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 5/2/18. (ki) |
Filing 76 CONFIDENTIALITY STIPULATION & PROTECTIVE ORDER 74 , approved by the court. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 4/19/18. (ki) |
Filing 70 ORDER dismissing State Farm's motion for severance & separate trials 40 w/out prejudice to State Farm refiling same if appropriate following ct's disposition of pending MSJs 58 60 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/21/18. (ki) |
Filing 48 ORDER: In accord with the accompanying Memorandum 47 ; 1. The York dfts mtn to dismiss 9 is GRANTED in part and DENIED in part as follows:a. Eberhardingers excessive force claim against Officer Praster is DISMISSED without prejudice.b. Eberhardin gers Monell claims against the City of York are DISMISSED without prejudice.c. Eberhardingers state law claim for negligence against Officers Praster and Smith is DISMISSED without prejudice.d. The York dfts mtn 9 is otherwise DENIED.2. Eberharding er is granted leave to amend her pleading within (20) days of the date of this order, consistent with paragraph 1 above. In the absence of a timely-filed amended complaint, the above-captioned action shall proceed on the remaining claims.Signed by Chief Judge Christopher C. Conner on 9/20/17. (ma) |
Filing 46 ORDER granting defts' motion 45 for leave to depose prisoner deft Matthew Foster on 10/21/17 @ SCI Pine Grove. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/19/17. (ki) |
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