HOLT v. COMMONWEALTH OF PENNSYLVANIA et al
| David Holt, II |
| Eward Hoke, Michael Troxell, Pennsylvania State Police Dept., Marcus Brown, Commonwealth of Pennsylvania, Tyree Blocker, Commissioner Frank Noonan, Anthony O'Hara, Gregory Bacher, David Cain, Lt. Col. George Bivens and Wendell Morris |
| 1:2018cv01272 |
| June 26, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Outside State |
| Christopher C Conner |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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Filing 33
CASE MANAGEMENT ORDER - Sets forth case management instructions, guidelines & pretrial & trial schedule, inc. - Fact Discovery due by 1/31/2019; Motions in Limine due by 6/3/19; Final Pretrial Conference set for 7/24/2019 @ 01:30 PM in Harrisburg Jury Room #2; Jury Selection & Trial set for 8/5/2019 @ 09:30 AM in Harrisburg - Courtroom 2 before Chief Judge Christopher C. Conner; Dispositive Motions due by 3/4/2019; Pretrial Memos due by noon on 7/17/2019. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/2/18. (ki)
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| Filing 31 CASE MANAGEMENT PLAN by Gregory Bacher, George Bivens, Tyree Blocker, Marcus Brown, David Cain, Commonwealth of Pennsylvania, Eward Hoke, Wendell Morris, Frank Noonan, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell. (Enerson, Caleb) |
| Filing 30 ANSWER to #6 Amended Complaint, by Gregory Bacher, George Bivens, Tyree Blocker, Marcus Brown, David Cain, Commonwealth of Pennsylvania, Eward Hoke, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell.(Enerson, Caleb) |
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Filing 29
ORDER granting motion to reschedule CMC #27 initial CMC rescheduled from 7/24/18 TO 8/1/18 @ 9:30 a.m. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/17/18. (ki)
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Filing 28
ORDER granting defts' motion for ext of time #24 to file answer to 1st amended complaint until 7/24/18. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/17/18. (ki)
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| Filing 27 MOTION Reschedule Case Management Conference by Gregory Bacher, George Bivens, Tyree Blocker, Marcus Brown, David Cain, Commonwealth of Pennsylvania, Eward Hoke, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell.(Enerson, Caleb) |
| Filing 26 NOTICE of Appearance by Keli M. Neary on behalf of Marcus Brown, David Cain, Commonwealth of Pennsylvania, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell (Neary, Keli) |
| Filing 25 BRIEF IN OPPOSITION re #24 MOTION for Extension of Time to File an Answer to Amended Complaint .Plaintiff's opposition response with argument and law, and a joined motion by the plaintiff for judgment on the pleadings filed by David Holt, II.(Puricelli, self) |
| Filing 24 MOTION for Extension of Time to File an Answer to Amended Complaint by Gregory Bacher, George Bivens, Tyree Blocker, Marcus Brown, David Cain, Eward Hoke, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell.(Enerson, Caleb) |
| Filing 23 NOTICE of Appearance by Caleb Curtis Enerson on behalf of Marcus Brown, David Cain, Commonwealth of Pennsylvania, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell (Enerson, Caleb) |
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Filing 22
SCHEDULING ORDER setting Initial Case Management Conference set for 7/24/2018 @ 10:45 AM - placement of the telephone conference call is the responsibility of counsel for plaintiff. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/28/18. (ki)
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| Filing 21 Case transferred in electronically from District of Pennsylvania Eastern; Case Number 5:17-cv-02511 containing electronic documents. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 MEMORANDUM AND ORDER THAT MOTIONS ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. THE CLERK OF COURT SHALL TRANSFER THE REMAINDER OF THE CASE TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/23/18. 5/24/18 ENTERED AND COPIES EMAILED.(rf, ) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 19 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/23/18. 5/24/18 ENTERED AND COPIES EMAILED.(rf, ) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 18 Memorandum re #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Improper Venue Supplementing DOC 16 and 17 filed by DAVID HOLT, II. (Attachments: #1 Exhibit D)(PURICELLI, BRIAN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 17 RESPONSE in Opposition re #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION filed by DAVID HOLT, II. (PURICELLI, BRIAN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 16 RESPONSE in Opposition re #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION filed by DAVID HOLT, II. (Attachments: #1 Exhibit A, #2 Exhibit A)(PURICELLI, BRIAN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION filed by FRANK NOONAN.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Brief In Support)(RONGAUS, ANDREW) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Improper Venue filed by GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL, TYREE BLOCKER, Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1: 4-27-15 EEOC Charge, #3 Exhibit 2: 4-12-16 EEOC Charge, #4 Exhibit 3: Declaration re addresses of individual defendants)(BRADFORD, KEVIN) Modified on 11/2/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
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Filing 13
ORDER THAT NO PRE MOTION CONFERENCE WIL BE HELD. DEFENDANTS MAY FILE EITHER A RULE 12 MOTION OR AN ANSWER TO THE COMPLAINT WITHIN 14 DAYS FROM THE DATE OF THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/18/17. 10/19/17 ENTERED AND COPIES EMAILED.(rf, ) [Transferred from Pennsylvania Eastern on 6/26/2018.]
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| Filing 12 LETTER re replies to DOC 10 and 11 by DAVID HOLT, II. (PURICELLI, BRIAN) Modified on 10/19/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 11 LETTER for Pre-Motion Conference by FRANK NOONAN. (RONGAUS, ANDREW) Modified on 10/18/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 10 LETTER by GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL of Pre-Motion to Dismiss Letter/Conference Request. (BRADFORD, KEVIN) Modified on 10/17/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 9 AFFIDAVIT of Service by Marc Jones re: served 1st Amd Complaint and summons upon Tyree Blooker by personal on 09/27/2017 (PURICELLI, BRIAN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by DAVID HOLT, II as to Defendants Gregory Bacher, George Bivens, Marcus Brown, David Cain, Commonwealth of Pennsylvania, Eward Hoke, Wendell Morris, Anthony O'Hara, Pennsylvania State Police Dept., Michael Troxell on 8/14/2017. (PURICELLI, BRIAN) Modified on 9/19/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 7 NOTICE of Appearance by JEFFREY MOZDZIOCK on behalf of GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL with Certificate of Service(MOZDZIOCK, JEFFREY) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 6 AMENDED COMPLAINT against GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, FRANK NOONAN, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL, TYREE BLOCKER, filed by DAVID HOLT, II., JURY TRIAL DEMAND, CERTIFICATE OF SERVICE (Attachments: #1 Complaint, #2 Complaint)(rf, ) Modified on 11/2/2017 (md). [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 5 NOTICE of Appearance by KEVIN R. BRADFORD on behalf of GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL with Certificate of Service(BRADFORD, KEVIN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 4 NOTICE of Appearance by ANDREW M. RONGAUS on behalf of FRANK NOONAN with Certificate of Service(RONGAUS, ANDREW) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
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Filing 3
ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO ENLARGE TIME FOR SERVICE AND SERVE A SUBPOENA #2 , IT IS HEREBY ORDERED THAT PLAINTIFF'S REQUEST FOR AN EXTENSION IS GRANTED INSOFAR AS PLAINTIFF SHALL EFFECTUATE SERVICE ON OR BEFORE 10/5/2017. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/24/17.8/25/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 6/26/2018.]
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| Filing 2 First MOTION for Extension of Time to File summons, complete service, with leave to serve subpoena filed by DAVID HOLT, II..(PURICELLI, BRIAN) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Filing 1 COMPLAINT against GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, FRANK NOONAN, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL ( Filing fee $ 400 receipt number 160645.), filed by DAVID HOLT, II. (Attachments: #1 Exhibit)(rt) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| Summons Issued as to GREGORY BACHER, GEORGE BIVENS, MARCUS BROWN, DAVID CAIN, COMMONWEALTH OF PENNSYLVANIA, EWARD HOKE, WENDELL MORRIS, FRANK NOONAN, ANTHONY O'HARA, PENNSYLVANIA STATE POLICE DEPT., MICHAEL TROXELL. Eleven Forwarded To: Counsel on June 6, 2017 (rt) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
| DEMAND for Trial by Jury by DAVID HOLT, II. (rt) [Transferred from Pennsylvania Eastern on 6/26/2018.] |
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