BRITTINGHAM v. WETZEL et al
| Tracy Brittingham |
| Dr. Gustitus, Warden John Wetzel, Dorina Varner, Diaz, Del Balso, DR. John Doe Of Mahanoy, DR. Procius, Joseph Mataloni, Mental Management and Mooney |
| 1:2019cv00154 |
| January 28, 2019 |
| US District Court for the Middle District of Pennsylvania |
| RM |
| EB |
| Yvette Kane |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
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Filing 37
CASE MANAGEMENT ORDER - Deadline to Consent to Proceed Before U.S. Magistrate: June 17, 2019. Close of Discovery: June 17, 2019. Dispositive Motions and Supporting Briefs Due: June 17, 2019. Signed by Magistrate Judge Martin C. Carlson on February 12, 2019. (kjn)
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| Filing 36 NOTICE OF REFERRAL. Signed by Magistrate Judge Martin C. Carlson on February 12, 2019. (kjn) |
| VERBAL ORDER REFERRING CASE to Magistrate Judge Carlson. (jw) |
| Filing 35 STANDING PRACTICE ORDER informing the parties of the briefing and other responsibilities.Signed by Honorable Yvette Kane on 1/28/19. (Attachments: #1 285 Service Packet with IFP Notice)(dmn) |
| Filing 34 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent) (dmn) |
| Filing 33 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:17-cv-02907 containing electronic documents. Original file certified copy of transfer order and docket sheet received. |
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Filing 32
ORDERED THAT THE MOTION FOR RECONSIDERATION OF THE 3/30/18 ORDER IS GRANTED INSOFAR AS THIS ABOVE CAPTIONED MATTER SHALL BE TRANSFERRED TO THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 1/23/19. 1/24/19 ENTERED AND COPIES MAILED OT PRO SE PLAINTIFF AND E-MAILED.(jpd, ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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Filing 31
ORDER RESCHEDULING FINAL PRETRIAL CONFERENCE TO 6/11/2018 AT 10:00 AM BEFORE HONORABLE JUAN R. SANCHEZ. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/30/2018. 5/30/2018 ENTERED AND COPIES E-MAILED.**(FILED IN ERROR, ENTERED ON INCORRECT CASE, SEE 17-CV-2507 FOR CORRECT CASE)**(stwe, ) Modified on 5/30/2018 (tjd). [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 30 ANSWER to Complaint with Affirmative Defenses by DIAZ, GUSTITUS.(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 29
ORDERED THAT PLAINTIFF SHALL HAVE UNTIL 6/6/2018 TO SHOW CAUSE IN WRITING WHY DEFENDANTS GUSITITUS AND DIAZ'S MOTION FOR RECONSIDERATION OF 3/30/18 SHOULD NOT BE GRANTED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 5/16/18. 5/17/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED.(jpd, ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 28 MOTION for Reconsideration re #27 Order on Motion to Dismiss,,,,, Order on Motion to Transfer,,,,,,,,,,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,, filed by DIAZ, GUSTITUS.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A)(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 27
ORDER THAT MOONEY AND VARNERS MOTION TO TRANSFER OR DISMISS (DOCUMENT #2 ), IN WHICH WETZEL HAS JOINED IN FULL AND DR. GUSTITUS HAS JOINED WITH RESPECT TO TRANSFER, IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED INSOFAR AS BRITTINGHAMS CLAIMS AGAINST MOONEY, VARNER, AND WETZEL IN THEIR OFFICIAL CAPACITIES ARE DISMISSED WITH PREJUDICE, AND BRITTINGHAMS CLAIMS AGAINST MOONEY, VARNER, AND WETZEL IN THEIR INDIVIDUAL CAPACITIES ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND. THE MOTION FOR TRANSFER IS DENIED. DR. POCIUSS MOTION TO TRANSFER OR DISMISS (DOCUMENT #5 ) IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED INSOFAR AS BRITTINGHAMS CLAIMS AGAINST DR. POCIUS IN HIS OFFICIAL CAPACITY ARE DISMISSED WITH PREJUDICE. THE MOTION TO TRANSFER IS DENIED. DRS. GUSTITUS AND DIAZS MOTION TO DISMISS (DOCUMENT #24 ) IS DENIED. BRITTINGHAM SHALL HAVE UNTIL APRIL 30, 2018, TO FILE AN AMENDED COMPLAINT AS IT IS OUTLINED HEREIN. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/30/18.3/30/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF, E-MAILED.(lisad, ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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Filing 26
ORDERED THAT PLAINTIFF SHALL FILE A RESPONSE TO MOTIONS (DOC. NOS. 2, 5, AND 24) AND NOTICES (DOC. NOS. 3,12) BY 3/26/2018. FAILURE TO RESPOND WITHIN THE TIME PERMITTED MAY RESULT IN THE DISMISSAL OF THIS ACTION FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/14/18. 3/15/18 ENTERED AND COPIES MAILED TO PRO SE PLAINITFF AND E-MAILED. (jpd ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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Filing 25
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE LEGROME D. DAVIS TO HONORABLE JUAN R. SANCHEZ FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/4/17. 10/5/17 ENTERED AND COPIES MAILED TO PLAINTIFF AND EMAILED TO COUNSEL.(jaa, ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DIAZ, GUSTITUS.Memorandum, Certificate of Service. (Attachments: #1 Exhibit A)(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 23 PLAINTIFF TRACY BRITTINGHAM'S RESPONSE TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOITION TO REMAND.(jpd, ) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 22
ORDER THAT PLAINTIFF'S MOTION TO REMAND (DOC. NO. 18) AND PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL (DOC. NO. 19) ARE DENIED AS OUTLEIND IN THIS ORDER. SIGNED BY HONORABLE LEGROME D. DAVIS ON 8/14/17. 8/14/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 21 RESPONSE in Opposition re #18 MOTION to Remand filed by DIAZ, GUSTITUS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 20 RESPONSE in Opposition re #18 MOTION to Remand filed by MOONEY, PROCIUS, DORINA VARNER, JOHN WETZEL. (Attachments: #1 Exhibit A, #2 Exhibit B)(SKOLNIK, MATTHEW) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 19 PLAINTIFF TRACY BRITTINGHAM'S MOTION FOR APPOINTMENT OF COUNSEL.(jpd, ) (Main Document 19 replaced on 8/9/2017) (jpd, ). [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 18 PLAINTIFF TRACY BRITTINGHAM'S MOTION TO REMAND TO COURT OF COMMON PLEAS OF PHIALDELPHIA TRIAL DIVISION (jpd, ) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 17
ORDER THAT DEFENDANTS MOTION FOR EXTENSION OF TIME (DOC. NO. 10) IS GRANTED. AND DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE 10/3/2017. PLAINTIFF SHALL EFFECT SERVICE ON DEFENDANT ON OR BEFORE 9/26/17. SIGNED BY HONORABLE LEGROME D. DAVIS ON 8/7/17. 8/7/17 ENTERED AND COPIES MAILED TO PRO SE PLAINITFF AND E-MAILED.(jpd ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 16 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (sg, ) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 15 MOTION for Extension of Time to File Answer Complaint filed by DIAZ.Certificate of Service.(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 14 NOTICE of Appearance by SAMUEL H. FOREMAN on behalf of DIAZ with Certificate of Service(FOREMAN, SAMUEL) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 13 NOTICE of Appearance by CAITLIN J. GOODRICH on behalf of DIAZ with Certificate of Service(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 12 Joinder to Corrections Defendants' Motion to Transfer Venue filed by GUSTITUS, Memorandum, Certificate of Service.(GOODRICH, CAITLIN) Modified on 8/2/2017 (fb). [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 11
ORDER THAT DEFENDANTS MOTION FOR EXTENSION OF TIME (DOC. NO. 10) IS GRANTED. AND DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE 9/29/2017. PLAINTIFF SHALL EFFECT SERVICE ON DEFENDANT ON OR BEFORE 9/26/17. SIGNED BY HONORABLE LEGROME D. DAVIS ON 7/27/17. 7/31/17 ENTERED AND COPIES MAILED TO PRO SE PLAINITFF AND E-MAILED. (jpd ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 10 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal filed by GUSTITUS.Certificate of Service. (Attachments: #1 Text of Proposed Order)(FOREMAN, SAMUEL) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 9 NOTICE of Appearance by SAMUEL H. FOREMAN on behalf of GUSTITUS with Certificate of Service(FOREMAN, SAMUEL) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 8 NOTICE of Appearance by CAITLIN J. GOODRICH on behalf of GUSTITUS with Certificate of Service(GOODRICH, CAITLIN) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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Filing 7
ORDER THAT THE PLAINTIFF'S MOTION FOR EXTENSION OF TIME IN WHICH TO FIND AN ATTORNEY IS GRANTED. PLAINTIFF SHALL RESPOND TO DEFENDANTS' MOTIONS TO TRANSFER, OR IN THE ALTERNATIVE DISMISS ON OR BEFORE OCTOBER 18, 2017. SIGNED BY HONORABLE LEGROME D. DAVIS ON 7/20/17.7/24/17 ENTERED AND COPIES MAILED TO PLAINTIFF AND EMAILED TO COUNSEL.(jaa, ) [Transferred from Pennsylvania Eastern on 1/28/2019.]
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| Filing 6 PLAINTIFF TRACY BRITTINGHAM'S MOTION FOR EXTENSION OF TIME IN WHICH TO FIND AN ATTORNEY.(jpd, ) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 5 MOTION to Transfer or, in the Alternative, MOTION to Dismiss filed by PROCIUS.Memorandum of Law, Certificate of Service. (Attachments: #1 Exhibit A)(SKOLNIK, MATTHEW) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 4 NOTICE of Appearance by MATTHEW R. SKOLNIK on behalf of PROCIUS with Certificate of Service(SKOLNIK, MATTHEW) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 3 Notice of Joinder in Motion re: MOTION to Transfer or, in the Alternative, MOTION to Dismiss filed by JOHN WETZEL, Certificate of Service. (SKOLNIK, MATTHEW) Modified on 7/10/2017 (fb). [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 2 MOTION to Dismiss or, in the Alternative, MOTION to Transfer Venue filed by MOONEY, DORINA VARNER.Brief, Certificate of Service. (Attachments: #1 Exhibit A)(SKOLNIK, MATTHEW) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
| Filing 1 NOTICE OF REMOVAL by MOONEY, DORINA VARNER from Philadelphia CCP, case number 1705001804. (Filing fee $ 400 receipt number 161749), Certificate of Service (Attachments: #1 Civil Cover Sheets)(tj, ) [Transferred from Pennsylvania Eastern on 1/28/2019.] |
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