Sanders et al v. Beard et al
| Alphonso Sanders, Steve Stewart, Yul Hayward, Anthony Williams, Mikal Roberts, Lamont C. Bullock, George L. Ortiz, Dwight Bowen, Bennie Tabb, III, Christopher Stevenson, Andre Robinson and John Diaz |
| Jeffrey A. Beard, Paul Smeal, F.R. Royer, Art Varner, William Felton, James Fouse, Tim Greenland, Bill Flick, Bill Novell, William Dreibelbis and Chief Grievance Coordinator |
| 3:2009cv01384 |
| July 16, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Huntingdon |
| A. Richard Caputo |
| J. Andrew Smyser |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
536
MEMORANDUM Signed by Honorable A. Richard Caputo on 7/1/13. (jam)
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Filing
528
ORDER, Motions terminated: 515 MOTION for Reconsideration re 511 Memorandum (Order to follow as separate docket entry), 512 Order (memorandum filed previously as separate docket entry), Scheduling Order,,,,,,,,,, filed by John Diaz, [52 1] MOTION for Reconsideration re 512 Order (memorandum filed previously as separate docket entry), Scheduling Order,,,,,,,,,, filed by Alphonso Sanders, John Diaz, Steve Stewart, Dwight Bowen. IT IS HEREBY ORDERED that:1.Plaintiff John Diazs Motion for Reconsideration (Doc. 515) is DENIED.2.Plaintiffs Dwight Bowen and Anthony Williams Motion for Reconsideration (Doc. 521) is DENIED.Signed by Honorable A. Richard Caputo on 6/13/13. (jam)
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Filing
512
ORDER re 511 Memorandum (Order to follow as separate docket entry),, SCHEDULING ORDER:IT IS HEREBY ORDERED that Defendants Motion in Limine (Doc. 394) is GRANTED in part and DENIED in part. Accordingly, it is further ORDERED that:1.Plaintiff Wil liams claims against all Defendants are DISMISSED.2.Plaintiff Williams Motion to Compel (Doc. 452), Motion for Appointment of Counsel (Doc. 499), and Motion for Medical Records (Doc. 508) are DISMISSED AS MOOT.3.All claims against Defendant Fouse are DISMISSED.4.Plaintiffs Eighth Amendment denial of medical care claims against Defendants Felton and Varner are DISMISSED.5.Plaintiffs Eighth Amendment conditions of confinement claims against Defendants Felton and Varner are DISMISSED to the extent that they address issues other than the ventilation system, air quality, and water quality at SCISmithfield.6.The claims for monetary damages raised by Plaintiffs Stewart, Diaz, and Bowen against Defendants Felton and Varner are DISMISSED.7.Trial in the above-captioned matter will commence with Jury Selection on Monday, August 5, 2013, at 9:30 a.m., Courtroom #4, Federal Building, 228 Walnut Street, Harrisburg, Pennsylvania. Trial will begin immediately after a jury is selected. A pretrial scheduling order will follow. Signed by Honorable A. Richard Caputo on 4/19/13. (jam)
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Filing
444
ORDER re 443 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED THAT Plaintiff Diaz's Motions to Compel Discovery 9Docs. 425 & 431) are DENIED and Plaintiff Bowen's Motion for Spoliation Judgment (Doc. 382) is also DENIED. Signed by Honorable A. Richard Caputo on 6/4/12. (jam, )
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Filing
314
ORDER denying 236 Motion for Summary Judgment; adopting 290 Report and Recommendations. IT IS HEREBY ORDERED that:(1)The report and recommendation (Doc. No. 290) is ADOPTED.(2)Plaintiff Lamont Bullock is DISMISSED from this case and his amended motion for summary judgment (Doc. No. 236) is DENIED as moot.(3)This case is RECOMMITTED to Magistrate Judge Smyser. Signed by Honorable A. Richard Caputo on 12/13/10 (jam, )
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Filing
290
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that plaintiff Bullock be dismissed from this case and that plaintiff Bullocks motion 236 for summary judgment be denied as moot. IT IS FURTHER RECOMMENDED that the case be remanded to the undersigned for further proceedings on the remaining plaintiffs claims. Objections to R&R due by 11/8/2010. Signed by Magistrate Judge J. Andrew Smyser on 10/22/10. (Attachments: # 1 Notice)(rc)
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Filing
226
MEMORANDUM AND ORDER denying 72 Motion for TRO; denying 72 Motion for Preliminary Injunction; denying 86 Motion for Reconsideration ; granting in part and denying in part 102 Motion to Dismiss; denying 120 Motion for TRO; adopting 140 Rep ort and Recommendations. IT IS HEREBY ORDERED THAT:(1)The Report and Recommendation (ECF No. 140) is ADOPTED.(2)Plaintiffs Mikal Roberts, Bennie Tabb, III, and Yul Haywards Motion for Reconsideration Pursuant to Rule 59(e) or Rule 60(b) (ECF No. 86) is DENIED.(3)Defendants Motion Pursuant to Fed. R. Civ. P. 12(b)(6) to Dismiss Less Than All the Claims Set Forth in Plaintiffs Complaint (ECF No. 102) is GRANTED IN PART and DENIED IN PART as follows:(a)As to Plaintiff Lamont Bullocks claims under t he Eighth Amendment for conditions of confinement and the First Amendment against Defendant Paul Smeal, the motion is DENIED.(b)As to the remainder, the motion is GRANTED.(4)Plaintiffs Lamont Bullock, Alphonso Sanders, and Steve Stewarts Motion for T emporary Restraining Order and/or Preliminary Injunction (ECF No. 72) is DENIED.(5)Plaintiff Dwight Bowens Supplemental TRO Motion (ECF No. 120) is DENIED.(6)The case is RECOMMITTED to Magistrate Judge Smyser for further proceedings.Signed by Honorable A. Richard Caputo on 7/20/10 (jam, )
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Filing
89
ORDER - IT IS ORDERED that the Clerk of Court is directed to correct the docket to reflect that Mr. Greecher does not represent the plaintiffs and the Clerk of Court is directed to serve on plaintiffs Stewart, Williams, Bullock, Bowen and Diaz copies of documents 68, 79 & 85. IT IS ORDERED that plaintiff Bowens motion 58 to furnish documents is DENIED. IT IS FURTHER ORDERED that the defendants motion 69 to stay discovery is DENIED AS MOOT. IT IS ORDERED that a hearing on the plaintiffs mo tion 72 for preliminary injunctive relief shall be held on January 25, 2010, at 9:30 a.m., in Courtroom No. 5, Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania. Writs of habeas corpus ad testificandum shall be issued to secure the presence of plaintiffs Bullock, Sanders and Stewart at the hearing. Signed by Magistrate Judge J. Andrew Smyser on 12/22/09. (rc)
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