Rice-Smith v. Misericordia Convalescent Home
| Dana L. Rice-Smith |
| Misericordia Convalescent Home doing business as Misericordia Nursing & Rehabilitation Center |
| 1:2020cv01473 |
| August 18, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.
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Filing 49
ORDER (memorandum filed previously as separate docket entry) - it is hereby ORDERED that the motion (Doc. 35) for summary judgment is GRANTED in part and DENIED in part. All parties who consent to jurisdiction of a United States Magistrate Judge shall complete and return the AO 85 form to the Clerk of Court no later than July 12, 2022. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 6/21/2022. (Attachments: #1 AO85)(mw)
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| Filing 48 MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 6/21/2022. (mw) |
| Filing 47 SUR REPLY to REPLY to Response to Motion re #35 MOTION for Summary Judgment filed by Misericordia Convalescent Home. (Attachments: #1 Certificate of Service)(Post, May Mon) |
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Filing 46
ORDER granting #45 Motion for Leave to File - Defendant shall file its Sur-Sur-reply by November 23, 2021. Signed by Honorable Christopher C. Conner on 11/22/2021 (mw)
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| Filing 45 MOTION for Leave to File Sur-Surreply by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Certificate of Service)(Post, May Mon) |
| Filing 44 REPLY BRIEF re #35 MOTION for Summary Judgment filed by Dana L. Rice-Smith. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(Benn, Niles) |
| Filing 43 REPLY BRIEF re #35 MOTION for Summary Judgment filed by Misericordia Convalescent Home. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Certificate of Word Count, #3 Certificate of Service)(Post, May Mon) |
| Filing 42 VERBAL ORDER It is ORDERED that the motion #40 is GRANTED and defendant may file a reply brief in excess of the 15-page limit set by the Local Rules. Signed by Honorable Christopher C. Conner on 10/27/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 41 BRIEF IN SUPPORT re #40 Unopposed MOTION to Exceed Page Limitation filed by Misericordia Convalescent Home.(Post, May Mon) |
| Filing 40 Unopposed MOTION to Exceed Page Limitation by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Certificate of Service)(Post, May Mon) |
| Filing 39 BRIEF IN OPPOSITION re #35 MOTION for Summary Judgment filed by Dana L. Rice-Smith. (Attachments: #1 Proposed Order, #2 Statement, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s))(Benn, Niles) |
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Filing 38
ORDER granting #37 Motion to Extend Time. Signed by Honorable Christopher C. Conner on 10/5/2021 (mw)
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| Filing 37 MOTION for Extension of Time to to Answer Motion for SMJ by Dana L. Rice-Smith.(Benn, Niles) |
| Filing 36 BRIEF IN SUPPORT (Memorandum of Law) re #35 MOTION for Summary Judgment filed by Misericordia Convalescent Home. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s))(Post, May Mon) |
| Filing 35 MOTION for Summary Judgment by Misericordia Convalescent Home. (Attachments: #1 Supplement Notice of Motion, #2 Proposed Order, #3 Supplement Verification, #4 Certificate of Service, #5 Statement Statement of Undisputed Facts, #6 Exhibit(s) Affidavit of Marion Bittner, #7 Exhibit(s) Affidavit of Michael Urban, #8 Exhibit(s) Deposition Transcript of Marion Bittner, #9 Exhibit(s) Deposition Transcript of Michael Urban, #10 Exhibit(s) Deposition Transcript of Plaintiff Dana Rice Smith, #11 Exhibit(s) Deposition Transcript of Teasa Heuyard, #12 Exhibit(s) Misericordia Bates Stamped Document Production, #13 Exhibit(s) November 2016 Calendar)(Post, May Mon) |
| Filing 34 VERBAL ORDER It is ORDERED that the motion #32 is GRANTED and defendant is permitted to exceed the courts page limit in its brief in support of its motion for summary judgment. Signed by Honorable Christopher C. Conner on 9/13/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 33 BRIEF IN SUPPORT re #32 Unopposed MOTION to Exceed Page Limitation filed by Misericordia Convalescent Home.(Post, May Mon) |
| Filing 32 Unopposed MOTION to Exceed Page Limitation by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Certificate of Service)(Post, May Mon) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to File - Dispositive Motions due by 9/15/2021. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/31/2021 (mw)
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| Filing 30 MOTION for Extension of Time to File by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Certificate of Service)(Post, May Mon) |
| Filing 29 ANSWER to #10 Amended Complaint (Plaintiff's Second Amended Complaint Doc. 23) with Affirmative Defenses and Certificate of Service by Misericordia Convalescent Home.(Post, May Mon) |
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Filing 28
ORDER - IT IS ORDERED that the #25 Motion to Dismiss for Failure to State a Claim is DENIED. Misericordia shall respond to the second amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 7/16/2021. (sc)
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| Filing 27 BRIEF IN OPPOSITION re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dana L. Rice-Smith. (Attachments: #1 Proposed Order)(Benn, Niles) |
| Filing 26 BRIEF IN SUPPORT re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Misericordia Convalescent Home.(Post, May Mon) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Supplement Certificate of Service)(Post, May Mon) |
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Filing 24
ORDER - it is hereby ORDERED that The report (Doc. #22 ) of Magistrate Judge Carlson is ADOPTED. Defendants motion (Doc. #12 ) to dismiss Count I is GRANTED. Count I of plaintiffs complaint is DISMISSED without prejudice and with leave to amend. Plaintiffs amended complaint (Doc. 23) is accepted in accordance with paragraph 3 above. Defendant shall respond to plaintiffs amended complaint (Doc. 23) in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 1/6/2021. (mw)
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| Filing 23 AMENDED COMPLAINT per Magistrate Recommendation against Dana L. Rice-Smith, filed by Dana L. Rice-Smith.(Benn, Niles) |
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Filing 22
REPORT AND RECOMMENDATION re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Misericordia Convalescent Home - IT IS RECOMMENDED that the motion to dismiss be GRANTED and Count I of the pltfs amended complaint be dismissed without prejudice to the pltf endeavoring to correct the defects cited in this report, provided that the pltf acts within 21 days of any dismissal order. Objections to R&R due by 1/5/2021. Signed by Magistrate Judge Martin C. Carlson on December 22, 2020. (kjn)
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Filing 21
ORDER REFERRING MOTION: #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Misericordia Convalescent Home is REFERRED to Magistrate Judge Carlson for preparation of a report and recommendation. Signed by Honorable Christopher C. Conner on 11/20/2020. (spm)
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| Filing 20 CIVIL PRACTICE ORDER for details regarding practices and procedures. Signed by Honorable Christopher C. Conner on 11/12/2020. (tw) |
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Filing 19
ORDER - STANDARD CASE MANAGEMENT TRACK. See order for further details and deadlines. Signed by Honorable Christopher C. Conner on 11/12/2020. (tw)
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| Filing 17 CASE MANAGEMENT PLAN by Dana L. Rice-Smith. (Benn, Niles) |
| Filing 16 REPLY BRIEF re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Misericordia Convalescent Home. (Attachments: #1 Supplement Certificate of Service)(Post, May Mon) |
| DOCKET ANNOTATION: Doc. 15 deleted and refiled as Doc. 16. (pjr) |
| DOCKET ANNOTATION: Counsel is advised to refile Doc. 15 using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)- Reply Brief. (pjr) |
| Filing 14 BRIEF IN OPPOSITION re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Dana L. Rice-Smith. (Attachments: #1 Proposed Order)(Benn, Niles) |
| Filing 13 BRIEF IN SUPPORT re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by Misericordia Convalescent Home.(Post, May Mon) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Supplement Certificate of Service)(Post, May Mon) |
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Filing 11
ORDER denying as moot #7 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Christopher C. Conner on 10/15/2020. (spm)
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| Filing 10 AMENDED COMPLAINT against Misericordia Convalescent Home, filed by Dana L. Rice-Smith.(rw) |
| DOCKET ANNOTATION: Document 10, filed as a complaint on 10/13/20 has been deleted, document will be refiled as an amended complaint. (rw) |
| Filing 9 AMENDED DOCUMENT by Dana L. Rice-Smith. Amendment to #1 Complaint . (Benn, Niles) |
| DOCKET ANNOTATION: Counsel is advised to refile document #9 as an Amended Complaint using the event: Initial Pleadings and Service, Complaints and Other Initiating Documents, Amended Complaint. (rw) |
| Filing 8 BRIEF IN SUPPORT re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Misericordia Convalescent Home.(Post, May Mon) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Misericordia Convalescent Home. (Attachments: #1 Proposed Order, #2 Memo, #3 Supplement Certificate of Service, #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s))(Post, May Mon) |
| DOCKET ANNOTATION: Counsel is advised to file the brief in support of Doc. 7 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)- Brief in Support (Do not use for Summary Judgment Motions). (pjr) |
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Filing 6
SCHEDULING ORDER: Case Management Conference set for 11/12/2020 at 10:45 AM before Honorable Christopher C. Conner. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 9/8/2020. (Attachments: #1 Term. Calendar)(ktt)
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| Filing 5 WAIVER OF SERVICE Returned by Dana L. Rice-Smith. Misericordia Convalescent Home waiver sent on 8/19/2020, answer due 10/19/2020. (Benn, Niles) |
| Filing 4 NOTICE of Appearance by May Mon Post on behalf of Misericordia Convalescent Home (Post, May Mon) |
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Filing 3
ORDER Re: Case Assignment and Procedures - Signed by Honorable Christopher C. Conner on 8/20/2020. (ktt)
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| Filing 2 Summons Issued as to Misericordia Convalescent Home 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). (Attachments: #1 Summons Packet) (rw) |
| Filing 1 COMPLAINT against Misericordia Convalescent Home ( Filing fee $400, Receipt Number APAMDC-5212141), filed by Dana L. Rice-Smith. (Attachments: #1 Civil Cover Sheet)(rw) |
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| Defendant: Misericordia Convalescent Home doing business as Misericordia Nursing & Rehabilitation Center | |
| Represented By: | May Mon Post |
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| Plaintiff: Dana L. Rice-Smith | |
| Represented By: | James F Logue |
| Represented By: | Niles S. Benn |
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