Bevan v. County of Lackawanna
Plaintiff: James Bevan
Defendant: County of Lackawanna
Not Classified By Court: Mediator
Case Number: 3:2017cv00919
Filed: May 25, 2017
Court: US District Court for the Middle District of Pennsylvania
Office: Scranton Office
County: Lackawanna
Presiding Judge: A Richard Caputo
Referring Judge: Jennifer P Wilson
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 2611 Family and Medical Leave Act of 1993
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2020 Filing 29 STIPULATION of Dismissal Stipulation of Voluntary Dismissal Pursuant to FRCP 41(a)(1)(A)(2) by James Bevan. (Borland, Kimberly)
November 25, 2020 DOCKET ANNOTATION: doc 28 has been deleted and Counsel re-filed correctly under document 29 (cl)
November 25, 2020 DOCKET ANNOTATION: This case has been administratively closed pursuant to the Stipulation of Dismissal, Doc. 29, filed on November 25, 2020. (ve)
November 20, 2020 Filing 27 TEXT ORDER - AND NOW, on this 20th day of November, 2020, IT IS ORDERED THAT the parties shall use the conference call number 877-336-1828 using the access code 2529544 for the telephone status conference scheduled for November 25, 2020 at 11:30 a.m. Signed by Honorable Jennifer P. Wilson on 11/20/2020. (ve)
October 23, 2020 Filing 26 TEXT ORDER - AND NOW, on this 23rd day of October, 2020, IT IS ORDERED that the telephone conference scheduled for October 29, 2020, at 9:30 a.m. is RESCHEDULED for November 25, 2020, at 11:30 a.m. Counsel for Plaintiff shall initiate the call and have all parties on the line before calling chambers at 717-221-3970. Signed by Honorable Jennifer P. Wilson on 10/23/2020. (ve)
August 28, 2020 Filing 25 TEXT ORDER - AND NOW, on this 28th day of August, 2020, IT IS ORDERED THAT a telephone status conference is scheduled for October 29, 2020 at 9:30 a.m. Counsel for Plaintiff shall initiate the call when all parties are on the line to Chambers at (717) 221-3970. Signed by Honorable Jennifer P. Wilson on 8/28/2020. (ve)
August 17, 2020 Filing 23 TEXT ORDER - AND NOW, on this 17th day of August, 2020, IT IS ORDERED THAT the telephone status conference scheduled for this date is CONTINUED to August 28, 2020 at 10:45 a.m. Counsel for Plaintiff shall initiate the call when all parties are on the line to Chambers at 717-221-3970. Signed by Honorable Jennifer P. Wilson on 8/17/2020. (ve)
March 27, 2020 Opinion or Order Filing 21 ORDER REFERRING CASE to Mediation. Joseph Anthony Barrett, Esquire for Mediator added. A telephone status conference is scheduled for August 17, 2020 at 10:30 a.m. Plaintiffs counsel shall initiate the call. The telephone number for the purpose of this call is (717) 221-3970. If settlement is reached through mediation, counsel shall notify the court by telephone. Signed by Honorable Jennifer P. Wilson on 3/27/2020. (ve)
March 23, 2020 Opinion or Order VERBAL ORDER by Chief Judge Christopher C. Conner - Case Reassigned to Honorable Jennifer P. Wilson. (mfa)
December 26, 2017 Filing 20 ANSWER to #1 Complaint by County of Lackawanna.(Fitzgerald, Brendan)
December 12, 2017 Opinion or Order Filing 19 ORDER (memorandum filed previously as separate docket entry). (1) #7 Defendant County of Lackawanna's Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. (2) Plaintiff James Bevan's FMLA interference and denial of leave claims in Counts VIII and IX of the Complaint are DISMISSED with prejudice. (3) Defendant's motion is DENIED in all other respects. (4) Defendant shall file an answer to the Complaint within 21 days. Signed by Honorable A. Richard Caputo on 12/12/17. (dw)
December 12, 2017 Filing 18 MEMORANDUM (Order to follow as separate docket entry) re #7 MOTION TO DISMISS filed by County of Lackawanna. Signed by Honorable A. Richard Caputo on 12/12/17. (dw)
October 18, 2017 Filing 17 BRIEF IN SUPPORT Plaintiff's Brief in Support of Motion for Leave to File Sur-Reply Brief in Opposition to Motion to Dismiss re #15 MOTION for Leave to File Plaintiff's Motion for Leave to File a Sur-Reply Brief in Response to Defendants' Reply Brief in Consideration of Its Motion to Dismiss Pursuant to LR 7.7, #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Bevan.(Borland, Kimberly)
October 18, 2017 Opinion or Order Filing 16 ORDER granting #15 Motion for Leave to File Sur Reply Brief. Plaintiff may file a Sur Reply Brief no longer than 3 pages within 72 hours of this Order. Signed by Honorable A. Richard Caputo on 10/18/17. (dw)
October 17, 2017 Filing 15 MOTION for Leave to File Plaintiff's Motion for Leave to File a Sur-Reply Brief in Response to Defendants' Reply Brief in Consideration of Its Motion to Dismiss Pursuant to LR 7.7 by James Bevan. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Borland, Kimberly)
October 5, 2017 Filing 14 REPLY BRIEF re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Lackawanna.(Fitzgerald, Brendan)
October 5, 2017 Filing 13 NOTICE of Appearance by Brendan N Fitzgerald on behalf of County of Lackawanna (Fitzgerald, Brendan)
September 5, 2017 Opinion or Order Filing 12 ORDER granting #11 Motion to Extend Time to file Reply Brief. Reply Brief due by 10/5/2017.Signed by Honorable A. Richard Caputo on 9/5/17 (dw)
September 2, 2017 Filing 11 Unopposed MOTION for Extension of Time to to file reply brief by County of Lackawanna. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Joyce, Joseph)
August 22, 2017 Filing 10 BRIEF IN OPPOSITION re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Bevan. (Attachments: #1 Unpublished Opinion(s), #2 Unpublished Opinion(s), #3 Unpublished Opinion(s), #4 Unpublished Opinion(s), #5 Unpublished Opinion(s), #6 Unpublished Opinion(s), #7 Unpublished Opinion(s))(Borland, Kimberly)
August 8, 2017 Filing 9 APPENDIX by County of Lackawanna. to #8 Brief in Support . (Attachments: #1 Exhibit(s) Exhibit A - Collective Bargaining Agreement)(Joyce, Joseph)
August 8, 2017 Filing 8 BRIEF IN SUPPORT re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Lackawanna.(Joyce, Joseph)
July 25, 2017 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by County of Lackawanna. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Joyce, Joseph)
June 8, 2017 Filing 6 WAIVER OF SERVICE Returned by James Bevan. County of Lackawanna waiver sent on 5/26/2017, answer due 7/25/2017. (Borland, Kimberly)
June 5, 2017 Filing 5 NOTICE of Appearance by Lawrence J. Moran, Jr on behalf of County of Lackawanna. (Moran, Lawrence)
June 5, 2017 Filing 4 NOTICE of Appearance by Matthew John Carmody on behalf of County of Lackawanna. (Carmody, Matthew)
June 5, 2017 Filing 3 NOTICE of Appearance by Joseph J. Joyce, III on behalf of County of Lackawanna. (Joyce, Joseph)
May 25, 2017 Filing 2 Summons Issued as to County of Lackawanna 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) (ep)
May 25, 2017 Filing 1 COMPLAINT against County of Lackawanna ( Filing fee $400, Receipt Number 4098803), filed by James Bevan. (Attachments: #1 Civil Cover Sheet)(ep)

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Plaintiff: James Bevan
Represented By: Kimberly D. Borland
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Defendant: County of Lackawanna
Represented By: Brendan N Fitzgerald
Represented By: Joseph J. Joyce, III
Represented By: Lawrence J. Moran, Jr.
Represented By: Matthew John Carmody
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Not classified by court: Mediator
Represented By: Joseph Anthony Barrett
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