B.L. v. Lamas et al
| B.L. |
| Marirosa Lamas, Steven Glunt, Tammy Ferguson, Mark Garman, Bobbi Jo Salamon, Eric Tice, Lieut Hoover, Lieut Vance, Michael Dooley, John or Jane Does # 1 - 3, Rebecca Amber Zong, Mark Harpster, Tommy Rogers, Stacie Bumbarger, Matthew Foster, Nicholas, Cienfuegos, Brandon Snyder, Trainee Miller and Department of Corrections |
| 3:2015cv01327 |
| July 3, 2015 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Centre |
| Martin C. Carlson |
| Robert D. Mariani |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
276
ORDER (memorandum filed previously as separate docket entry),DENYING 244 MOTION in Limine to exclude letter filed by Brian Landau. Signed by Honorable Robert D. Mariani on 3/16/22. (sm)
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Filing
271
MEMORANDUM AND ORDER denying without prejudice 240 Motion in Limine to Exclude Undisclosed Witnesses and Evidence. Signed by Honorable Robert D. Mariani on 7/12/21 (jam)
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Filing
230
ORDER denying 170 Motion for Summary Judgment; denying 174 Motion for Summary Judgment; granting in part and denying in part 178 Motion for Summary Judgment; adopting 203 Report and Recommendations.; adopting in part and not adopting in p art 204 Report and Recommendations; adopting 205 Report and Recommendations. (See Order for specific details). A telephone conference to schedule the matter for trial shall be held on Monday, 8/12/19 at 11:00 a.m. Plaintiff's counsel is responsible for arranging the call, and all parties should be ready to proceed before Chambers is contacted. Signed by Honorable Robert D. Mariani on 8/1/19 (jam)
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Filing
184
MEMORANDUM ORDER re: 183 MOTION to Strike - IT IS ORDERED that the pltfs motion to strike (Doc. 183), is DENIED, but IT IS FURTHER ORDERED that the Clerk of Court shall place under seal Docket Number 182 in the record of this case. IT IS FURTH ER ORDERED THAT this Order is entered without prejudice to the right of any third party to seek to have the sealing order lifted upon a showing of good cause. In addition, IT IS ORDERED that upon request we would favorably consider reasonable extensi ons of time for the plaintiff to file merits responses to these summary judgment motions. Finally, IT IS ORDERED that to the extent that the pltf believes this conduct to be sanctionable, and to warrant a sanction beyond the actions we have taken, Landau may file an appropriate motion for sanctions, at the conclusion of merits briefing on these summary judgment motions. Signed by Magistrate Judge Martin C. Carlson on June 26, 2018. (kjn)
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Filing
167
MEMORANDUM ORDER re: qualified protective order in this case pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R.§ 164.512(e)(1).Signed by Magistrate Judge Martin C. Carlson on March 12, 2018. (kjn)
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Filing
164
MEMORANDUM ORDER denying in part and granting in part 159 MOTION for Protective Order and Sanctions filed by Brian Landau. The parties shall submit competing proposed protective orders governing the confidentiality of this medical information to the court for its review on or before March 12, 2018. Signed by Magistrate Judge Martin C. Carlson on February 23, 2018. (kjn)
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Filing
144
MEMORANDUM OPINION AND ORDER granting in part and dendying in part 116 MOTION to Compel Discovery Motion to Compel Production By Defendant Zong filed by Brian Landau, 122 MOTION to Compel Discovery Motion to Compel Production by Defendants Bumbarger, Cienfuegos, and Rogers filed by Brian Landau. Tthe parties should then meet and conferon or before January 5, 2018, to set a schedule for the completion of alldepositions and the conclusion of discovery. Signed by Magistrate Judge Martin C. Carlson on December 15, 2017. (kjn)
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Filing
142
MEMORANDUM ORDER re: 141 Correspondence from plaintiffs counsel. A Case Management Conference is set for 1/8/2018 at 10:00 AM before Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C. Carlson on December 13, 2017. (kjn)
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Filing
140
MEMORANDUM OPINION AND ORDER - IT IS ORDERED that the plTfs motion to compel (Doc. 118 ) is GRANTED, in part, and DENIED in part, as follows: 1. IT IS ORDERED that on or before January 5, 2018, the subpoenaed party will confirm that the search for these records included not only electronic copies of any records, but also any existing paper copies and will produce any existing, responsive paper copies of such records. 2. In addition, with respect to those records which reportedly no longer exi st on or before January 5, 2018, the subpoenaed party will confirm, if known, when these records were discarded.3. With respect to attachments to previously produced e-mails, on or before January 5, 2018, the parties will agree upon a mutually conven ient date, time and place for this review to occur. Any disputes regarding the relevance ofparticular attachments may then be addressed by the court following the completion of this review. 4. In all other respects, the motion is DENIED. Signed by Magistrate Judge Martin C. Carlson on December 12, 2017. (kjn)
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Filing
129
MEMORANDUM AND ORDER re: 120 MOTION to Compel Depositions filed by Brian Landau. 1. The pltfs motion to compel (Doc. 120 ), is DENIED without prejudice. 2. The parties are ORDERED to engage in a mutually cooperative deposition schedu ling process exchanging dates and times for depositions in this matter with an eye towards reaching an agreed upon deposition schedule on or before December 28, 2017. 3. If counsel are unable to reach an agreement on a deposition schedule by December 28, each party will tender a proposed schedule to the court, and the court will set a deposition schedule. Signed by Magistrate Judge Martin C. Carlson on December 7, 2017. (kjn)
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Filing
110
MEMORANDUM ORDER - Upon consideration of the Defendants motion for protective order (Doc. 107 ) which would have prescribed the place of the plaintiffs depositions of certain defendants as SCI Rockview, Bellefonte, Pennsylvania, the defendants preferred location, instead of Huntingdon, Pennsylvania, the situs preferred by the plaintiff, this motion is DENIED. Signed by Magistrate Judge Martin C. Carlson on October 10, 2017. (kjn)
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Filing
80
ORDER upon consideration of Plaintiffs Motion for Reconsideration, (Doc. 64), IT IS HEREBY ORDERED THAT Plaintiffs Motion is DENIED.Signed by Honorable Robert D. Mariani on 4/5/17. (jfg)
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Filing
69
MEMORANDUM ORDER denying 53 MOTION for Leave to Proceed Anonymously filed by B.L. Signed by Magistrate Judge Martin C. Carlson on March 17, 2017. (kjn)
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Filing
52
ORDER 1. The Report & Recommendation (UR&R"), (Doc. 44), is ADOPTED IN PART to the extent that it is consistent with this Court's accompanying Opinion and this Order. 2. Defendants' Objections, (Doc. 45), are OVERRULED IN PART AND SUST AINED IN PART for the reasons outlined in this Court's accompanying Opinion. 3. Defendants' Motion to Dismiss, (Doc. 12), Plaintiff's Complaint is GRANTED IN PART AND DENIED IN PART, specifically: a. Count II of the Complaint, (Doc. 1) , is DISMISSED WITH PREJUDICE as to all Defendants.b. Count VI of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Ferguson and Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. c. Count VI I of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendant Salamon and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. d. Count VIII is DISMISSED WITHOUT PREJUDICE as to all Defendants and WITH LEAVE TO AM END within fourteen (14) days from the date of this Order. e. Count Xof the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICE as to Defendants Lamas and Glunt and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. f. Count X I of the Complaint, (Doc. 1), is DISMISSED WITHOUT PREJUDICEas to all Defendants and WITH LEAVE TO AMEND within fourteen (14) days from the date of this Order. g. Defendants' Motion to Dismiss, (Doc. 12), is otherwise DENIED.4. The following cou nts remain pending in this action:a. Count I Violation of Eighth Amendment by Sexual Assault againstDefendant Zong. b. Count 111-Violation of Fourteenth Amendment1 by Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, C ienfuegos, and Millerc. Count IV -Violation of Fourth Amendment by Unreasonable Search and Seizure against Defendant long. d. Count V -Violation of Fourth and Eighth Amendments by Failure to Intervene against Defendants Rogers, Bumbarger, Foster, Nic holas, Cienfuegos, Snyder, and Miller.e. Count VI -Violation of Fourth and Eighth Amendments by Failure toSupervise against Lamas, Glunt, Harpster, Rogers, and Garman. f. Count VII Violation of Fourth and Eighth Amendments by Failure to Train against Garman, Dooley, and John Does #1, #2, and #3. g. Count IX Violation of Equal Protects Clause of Fourteenth Amendment against Defendants Lamas, Glunt, Ferguson, Dooley, Salamon, Garman, Tice, Hoover, Vance, Harpster, and Rogers. h.Count X-Violation of Free Exercise Clause of First Amendment against Defendant long. i. Count XII Sexual Assault against Defendant long. j. Count XIII-Sexual Battery against Defendant long. k. Count XIV -Intention Infliction of Emotional Distress against Defendants lo ng, Glunt, Ferguson, Tice, Hoover, Vance, Harpster, Rogers, Salamon, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. I. Count XV Defamation against Defendants Bumbarger, Foster, Nicholas,Cienfuegos, and Miller. m. Count XVI -Invasion of Privacy against Defendants Zong, Rogers, Bumbarger, Foster, Nicholas, Cienfuegos, and Miller. 5.Defendants' Motion for a More Definite Statement, (Doc. 12), is DENIED.6. Plaintiffs Counsel shall, within fourteen (14) days from the date of this Order, co mply with Federal Rule of Civil Procedure 10 by fully identifying the name of her client or seeking leave to have her client proceed anonymously.7. The case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order. Signed by Honorable Robert D. Mariani on 2/13/17. (jfg)
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