Bailey v. Kauffman et al
| Vann L. Bailey and Jason Cisne |
| K. Kauffman, J. Spyker, G. Ralston, John Wetzel, Scott Walters, Tabb Bickell, Erin Brown, William Nicklow and John Rivello |
| 4:2022cv01891 |
| November 29, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Matthew W Brann |
| Karoline Mehalchick |
| Prisoner Civil Rights (Prison Conditions) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| DOCKET ANNOTATION: Copy Request Received by Vann Bailey in case 4:21-00038 re Docket sheet; Courtesy docket sheet mailed to Bailey in this case as well as 4:21-00038. Per envelope that letter was received in, Bailey is now located at SCI Forest - Confirmed on inmate locator. New address updated on docket. (ea) |
Filing 224
ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED that within twenty-one (21) days of the date of this order or on before Tuesday, January 31, 2023, Plaintiff is directed to show cause why he failed to file a fourth amended complaint as directed in the Order dated December 1, 2022. (Doc. 223). Unless good cause is shown, this action may be DISMISSED. Show Cause Response due by 1/31/2023. Signed by Chief MJ Karoline Mehalchick on 1/10/2023. (cw)
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Filing 223
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Chief Magistrate Judge Karoline Mehalchicks Report and Recommendation (Doc. #219 ) is ADOPTED; Irizzarys motion for an extension of time (Doc. #217 ) is DENIED as moot; Claims for injunctive and declaratory relief are DENIED as moot; Plaintiffs complaints are SEVERED. Miguel Molinas claims shall proceed in this action; Clerk of Court is DIRECTED to open new civil actions for each of the remaining Plaintiffs; Plaintiff Alexis Maldanados new civil action is No. 4:22-CV-1890. Plaintiff Vann L. Baileys new civil action is No. 4:22-CV-1891. Plaintiff Angel Irizarrys new civil action is No. 4:22-CV-1892. By December 30, 2022, Plaintiffs shall each file a single, all-inclusive fourth amended complaint; The failure to file a timely amended complaint may result in the dismissal with prejudice of that plaintiffs case; These matters are REMANDED to Chief Magistrate Judge Mehalchick for further proceedings. Signed by Chief Judge Matthew W. Brann on 11/30/2022.(nr)
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| Filing 222 REQUEST for Copy of Docket Sheet by Vann L. Bailey. (ga) |
| Filing 221 Opposition to Defendant's #218 Answer to Amended Complaint by Miguel Molina. (ea) |
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Filing 220
SCHEDULING ORDER: Discovery due by 12/30/2022. Motions due by 1/31/2023. Signed by Chief MJ Karoline Mehalchick on 11/2/2022. (Attachments: #1 Consent)(cw)
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| Filing 219 REPORT AND RECOMMENDATIONS re #217 MOTION for Extension of Time to Amend #1 Complaint (Lodged with Motion for IFP) filed by Angel Irizarry - Based on the foregoing, it is respectfully recommended that:1. Irizarrys motion for extension of time to file a fourth amended complaint (Doc. 217) be DENIED;2. Plaintiffs claims for injunctive and declaratory relief be DISMISSED with prejudice as MOOT; and3. The instance matter, Civil Action No. 4:21-CV-00038, be reserved for Plaintiff Molina, and the Clerk of Court be DIRECTED to open new and separate individual matters for each of the three remaining Plaintiffs: Maldanado, Bailey, and Irizarry. Each Plaintiff should be granted thirty (30) days to file a fourth amended complaint stating that Plaintiffs individual claims and detailing the underlying facts. Objections to R&R due by 11/16/2022 Signed by Chief MJ Karoline Mehalchick on 11/2/2022. (cw) |
| Filing 218 ANSWER to #212 Amended Complaint by Tabb Bickell, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 217 MOTION for Extension of Time to file Fourth Amended #1 Complaint (Lodged with Motion for IFP) by Angel Irizarry.(ea) |
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Filing 216
ORDER, Tabb Bickell answer due 10/17/2022; Erin Brown answer due 10/17/2022; K. Kauffman answer due 10/17/2022; G. Ralston answer due 10/17/2022; John Rivello answer due 10/17/2022; J. Spyker answer due 10/17/2022; Scott Walters answer due 10/17/2022; John Wetzel answer due 10/17/2022. Signed by Chief MJ Karoline Mehalchick on 9/26/2022. (cw)
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| Filing 215 NOTICE by Miguel Molina. (Attachments: #1 Exhibit(s))(nr) |
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Filing 214
ORDER finding as moot #199 Motion for Extension of Time to File Response/Reply re #199 MOTION for Extension of Time to File Brief to #196 MOTION to Stay Discovery filed Signed by Chief MJ Karoline Mehalchick on 9/1/2022 (cw)
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Filing 213
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #202 Chief Magistrate Mehalchick's Report and Recommendation is adopted; #117 #122 #125 #153 Plaintiffs' motions for preliminary injunction are denied; #111 #115 #118 #120 are granted (See Order for complete details); #190 Maldonado's motion for leave to file a supplemental complaint is denied; #209 Molina's motion with withdraw his motion to file a supplemental complaint is granted and #203 his motion to file a supplemental complaint is deemed withdrawn; #196 Defendants' motion to stay discovery is denied as moot; Plaintiff's may, if they choose, file a single all-inclusive fourth amended complaint. this matter is REMANDED to Chief Magistrate Judge Mehalchick for further proceedings. (See Order for complete details.) Signed by Chief Judge Matthew W. Brann on 8/30/2022. (lg)
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| CASE REFERRED to Chief MJ Karoline Mehalchick. (lg) |
| Filing 212 FOURTH AMENDED COMPLAINT against Tabb Bickell, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Miguel Molina. (Attachments: #1 Declaration)(nr) |
| Filing 211 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff Maldonado. (lg) |
| Filing 210 FOURTH AMENDED COMPLAINT against G. Ralston, John Rivello, filed by Alexis Maldanado.(lg) |
| Filing 209 MOTION to Withdraw #203 MOTION to Supplement Complaint filed by Miguel Molina. (Attachment: #1 Proposed Order)(lg) |
| Filing 208 BRIEF IN OPPOSITION re #207 Plaintiff's Objections to #202 REPORT AND RECOMMENDATION filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) Modified on 8/15/2022 (to properly link the opposition to plaintiff's objections) (lg). |
| Filing 207 OBJECTIONS to #202 Report and Recommendation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(lg) |
| Filing 206 Letter to Court from Angel Irizarry re incorrect date in his opposition to Report and Recommendation Modified on 8/10/2022 (lg). |
| Filing 205 Letter to the court re legal paperwork from Vann Barley. (Attachments: #1 Exhibit(s)) (nr) |
| Filing 204 BRIEF IN SUPPORT re #203 MOTION to file Supplemental Complaint filed by Miguel Molina.(ep) |
| Filing 203 MOTION to file Supplemental Complaint by Miguel Molina.(ep) |
| Filing 202 REPORT AND RECOMMENDATIONS re #122 MOTION for Preliminary Injunction filed by Miguel Molina, #190 MOTION for Leave to File filed by Alexis Maldanado, #125 MOTION for Preliminary Injunction filed by Angel Irizarry, #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K. Kauffman, G. Ralston, Erin Brown, Tabb Bickell, John Wetzel, Scott Walters, J. Spyker, #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K. Kauffman, G. Ralston, Erin Brown, Tabb Bickell, John Wetzel, Scott Walters, J. Spyker, #196 MOTION to Stay Discovery filed by K. Kauffman, G. Ralston, Erin Brown, Tabb Bickell, John Wetzel, Scott Walters, J. Spyker, #117 MOTION for Preliminary Injunction filed by Alexis Maldanado, #120 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by K. Kauffman, G. Ralston, Erin Brown, Tabb Bickell, John Wetzel, Scott Walters, J. Spyker, #153 MOTION for Preliminary Injunction filed by Vann L. Bailey, #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service filed by K. Kauffman, G. Ralston, Erin Brown, Tabb Bickell, John Wetzel, Scott Walters, J. Spyker - SEE R&R FOR COMPLETE DETAILS. Objections to R&R due by 8/8/2022. Signed by Chief MJ Karoline Mehalchick on 7/25/2022. (cw) |
| Filing 201 NOTICE of Change of Address by Miguel Molina (address updated to SCI Forest). (lg) |
| Filing 200 BRIEF IN OPPOSITION re #196 MOTION to Stay Discovery filed by Alexis Maldanado.(nr) |
| Filing 199 MOTION for Extension of Time to File Brief to #196 MOTION to Stay Discovery filed by Alexis Maldanado.(nr) |
| DOCKET ANNOTATION: Original Doc. 199 DELETED, to be refiled; (ep) |
| Filing 198 Copy Request Received from Miguel Molina. (Docket sheet sent today from 1/7/22 forward) (nr) |
| Filing 197 BRIEF IN SUPPORT re #196 MOTION to Stay Discovery filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 196 MOTION to Stay Discovery by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Proposed Order)(Hoke, Kelly) |
| Filing 195 Letter to Court from Alexis Maldanado re 4/14/2022 Memorandum and Order. (lg) |
| Filing 194 NOTICE of Change of Address by Alexis Maldanado (address updated to 301 "Grey Line Drive" and "17931"). (lg) |
| Filing 193 NOTICE by Vann L. Bailey and Miguel Molina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(jr) |
| Filing 192 Copy Request Received from Alexis Maldanado (partial docket sheet sent - from 1/7/2022 onward). (lg) |
| Filing 191 BRIEF IN SUPPORT re #190 MOTION for Leave to File Supplemental Complaint filed by Alexis Maldanado.(nr) |
| Filing 190 MOTION for Leave to File Supplemental Complaint by Alexis Maldanado. (Attachments: #1 Proposed Order, #2 Supplemental Complaint)(nr) |
| Receipt of payment from MIGUEL MOLINA in the amount of $4.59 for PLRA CIVIL FILING FEE. Transaction posted on 5/4/2022. Receipt number 333080943 processed by epetrosk. (jjs) |
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Filing 189
ORDER finding as moot #113 Motion to Dismiss for Failure to State a Claim; finding as moot #124 Motion for Preliminary Injunction; denying #147 Motion for Order; finding as moot #155 Motion for justice and fairness; denying #159 Motion to Compel; denying #165 Motion to Compel - SEE ORDER FOR COMPLETE DETAILS. Signed by Chief MJ Karoline Mehalchick on 4/14/2022 (cw)
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| Filing 188 MEMORANDUM (Order to follow as separate docket entry) re #165 MOTION to Compel filed by Alexis Maldanado, #159 MOTION to Compel filed by Angel Irizarry, #147 MOTION for Order filed by Miguel Molina. Signed by Chief MJ Karoline Mehalchick on 4/14/2022. (cw) |
| Receipt of payment from MIGUEL MOLINA in the amount of $22.59 for PLRA CIVIL FILING FEE. Transaction posted on 4/4/2022. Receipt number 333080563 processed by smurphy. (jjs) |
| Filing 187 NOTICE of Change of Address by Alexis Maldanado. (Docket Sheet updated) (nr) |
| Filing 186 REPLY BRIEF re #153 MOTION for Preliminary Injunction filed by Vann L. Bailey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(lg) |
| Filing 185 REPLY BRIEF re #159 MOTION to Compel Proper Service filed by Alexis Maldanado. (Attachment: #1 Declaration of Alexis Maldanado)(lg) |
| Filing 184 REPLY BRIEF re #122 MOTION for Preliminary Injunction filed by Miguel Molina. (Attachments: #1 Declaration of Miguel Molina, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(lg) (Additional attachment(s) added on 3/8/2022: #6 Exhibit E, #7 Exhibit F) (nr). |
| Receipt of payment from MIGUEL MOLINA in the amount of $54.59 for PLRA CIVIL FILING FEE. Transaction posted on 3/2/2022. Receipt number 333080141 processed by gangeli. (jjs) |
| Filing 183 REPLY BRIEF re #159 MOTION to Compel Proper Service filed by Angel Irizarry. (Attachments: #1 Declaration)(nr) |
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Filing 182
ORDER granting #176 Motion for Extension of Time to File Response/Reply re #159 MOTION to Compel Reply Brief due by 3/4/2022. Signed by Chief MJ Karoline Mehalchick on 3/1/2022 (cw)
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Filing 181
ORDER granting #178 Motion for Extension of Time to File Response/Reply re #165 MOTION to Compel Reply Brief due by 3/4/2022. Signed by Chief MJ Karoline Mehalchick on 3/1/2022 (cw)
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| Filing 180 REPLY BRIEF re #147 MOTION for Order to direct the Defendants to serve Plaintiff's legal documents directly to SCI Huntingdon filed by Miguel Molina.(nr) |
| Filing 179 Copy Request Received by Vann Bailey for docket sheet. (Docket sheet sent 3/1/2022) (nr) |
| Filing 178 MOTION for Extension of Time to File Brief to #165 MOTION to Compel filed by Alexis Maldanado. (Attachments: #1 Proposed Order)(nr) |
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Filing 177
Order approving #169 Stipulation of Dismissal - IT IS HEREBY ORDERED that Plaintiff Jason Cisne's action is dismissed. Jason Cisne terminated. Signed by Chief Judge Matthew W. Brann on 2/24/2022. (lg)
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| Filing 176 MOTION for Extension of Time to File Brief to #159 MOTION to Compel filed by Angel Irizarry. (Attachments: #1 Proposed Order)(nr) |
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Filing 175
ORDER granting #172 Motion for Extension of Time to File Response/Reply re #147 MOTION for Order Reply Brief due by 3/28/2022. Signed by Chief MJ Karoline Mehalchick on 2/18/2022 (cw)
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Filing 174
ORDER granting #171 Motion for Extension of Time to File Response/Reply re #153 MOTION for Preliminary Injunction Reply Brief due by 3/28/2022. Signed by Chief MJ Karoline Mehalchick on 2/18/2022 (cw)
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Filing 173
ORDER granting #168 Motion for Extension of Time to File Response/Reply re #122 MOTION for Preliminary Injunction Reply Brief due by 3/28/2022. Signed by Chief MJ Karoline Mehalchick on 2/18/2022 (Attachments: #1 Copy of Doc 130) (cw)
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| Filing 172 MOTION for Extension of Time to File Reply Brief to #147 MOTION for Order filed by Miguel Molina.(lg) |
| Filing 171 MOTION for Extension of Time to File Reply Brief to #153 MOTION for Preliminary Injunction filed by Vann L. Bailey.(lg) |
| Filing 170 BRIEF IN OPPOSITION re #165 MOTION to Compel filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| DOCKET ANNOTATION: Docs 171 and 172 re-docketed. (lg) |
| Filing 169 STIPULATION of Dismissal filed by Plaintiff Jason Cisne (only). (lg) |
| Filing 168 MOTION for Extension of Time to File Reply Brief to #122 MOTION for Preliminary Injunction AND notice to the court of defendants failure to properly serve filed by Miguel Molina. (Attachment: #1 Declaration of Miguel Molina)(lg) |
| Filing 167 AFFIDAVIT filed by Vann L. Bailey. (Attachments: #1 Bennett Affidavit, #2 Blanding Affidavit, #3 Rudolph Affidavit, #4 Williams Affidavit)(nr) |
| Receipt of payment from MIGUEL MOLINA in the amount of $27.58 for PLRA CIVIL FILING FEE. Transaction posted on 2/10/2022. Receipt number 333079921 processed by gangeli. (jjs) |
| Filing 166 BRIEF IN SUPPORT of #165 MOTION to Compel Proper Service filed by Alexis Maldanado. (Attachments: #1 Declaration of Alexis Maldanado, #2 Certificate of Service)(lg) |
| Filing 165 MOTION to Compel Proper Service by Alexis Maldanado.(lg) (Additional attachment(s) added on 2/8/2022: #1 Declaration of Alexis Maldanado, #2 Proposed Order, #3 Certificate of Service) (lg). |
| Filing 164 Amended Appendix by Alexis Maldanado in support of #117 MOTION for Preliminary Injunction. (lg) |
| Filing 163 Plaintiff's Amended APPENDIX in Support of #153 Motion for Preliminary Injunction by Angel Irizarry. (dw) |
| Filing 162 Letter to the court from Angel Irizzary re prison conditions. (nr) |
| Filing 161 BRIEF IN OPPOSITION re #159 MOTION to Compel filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 160 BRIEF IN SUPPORT re #159 MOTION to Compel Proper Service filed by Angel Irizarry.(nr) |
| Filing 159 MOTION to Compel Proper Service by Angel Irizarry. (Attachments: #1 Proposed Order)(nr) |
| Filing 158 BRIEF IN OPPOSITION re #153 MOTION for Preliminary Injunction filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Appendix)(Hoke, Kelly) |
| Filing 157 BRIEF IN OPPOSITION re #147 MOTION for Order filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 156 BRIEF IN SUPPORT re #155 MOTION For Justice and Fairness filed by Jason Cisne.(ga) |
| Filing 155 MOTION For Justice and Fairness by Jason Cisne.(ga) |
| Filing 154 BRIEF IN SUPPORT re #153 MOTION for Preliminary Injunction filed by Vann L. Bailey. (Attachments: #1 Declaration)(nr) |
| Filing 153 MOTION for Preliminary Injunction by Vann L. Bailey. (Attachments: #1 Declaration, #2 Proposed Order)(nr) |
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Filing 152
ORDER granting #145 Motion for Extension of Time to File Response/Reply re #124 MOTION for Preliminary Injunction, #125 MOTION for Preliminary Injunction ; granting #146 Motion for Extension of Time to File Response/Reply re #124 MOTION for Preliminary Injunction, #125 MOTION for Preliminary Injunction Reply Brief due by 2/8/2022. Signed by Chief MJ Karoline Mehalchick on 1/24/2022 (cw)
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| Filing 151 REPLY BRIEF re #124 MOTION for Preliminary Injunction filed by Jason Cisne. (Attachments: #1 Declaration of Jason Cisne, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(lg) |
| Filing 150 REPLY BRIEF re #117 MOTION for Preliminary Injunction filed by Alexis Maldanado. (Attachments: #1 Declaration of Alexis Maldanado, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Service)(lg) |
| Filing 149 REPLY BRIEF re #125 MOTION for Preliminary Injunction filed by Angel Irizarry. (Attachments: #1 Declaration of Angel Irizarry, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(lg) |
| Filing 148 BRIEF IN SUPPORT re #147 MOTION for Order filed by Miguel Molina.(lg) |
| Filing 147 MOTION for Order to direct the Defendants to serve Plaintiff's legal documents directly to SCI Huntingdon by Miguel Molina.(lg) |
| Filing 146 MOTION for Extension of Time to Reply to #138 Brief in Opposition to Motion for Preliminary Injunction filed by Angel Irizarry.(nr) |
| Filing 145 MOTION for Extension of Time to Reply to #134 Brief in Opposition to Motion for Preliminary Injunction filed by Jason Cisne.(nr) |
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Filing 144
ORDER granting #143 Motion for Extension of Time to File Response/Reply re #117 MOTION for Preliminary Injunction Reply Brief due by 1/25/2022. Signed by Chief MJ Karoline Mehalchick on 1/11/2022 (cw)
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| Filing 143 MOTION for Extension of Time to Reply re #139 Brief in Opposition filed by Alexis Maldanado. (Attachments: #1 Declaration of Alexis Maldanado, #2 Proposed Order)(lg) |
| Filing 142 Copy Request for a docket sheet received from Alexis Maldanado. Inmate number update, changes made to docket. (Courtesy copy docket sheet sent today 1/7/2022) (nr) |
| Receipt of payment from MIGUEL MOLINA in the amount of $63.79 for PLRA CIVIL FILING FEE. Transaction posted on 1/4/2022. Receipt number 333079401 processed by gangeli. (jjs) |
| Filing 141 BRIEF IN OPPOSITION re #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jason Cisne. (Attachments: #1 Declaration of Jason Cisne, #2 Exhibits, #3 Certificate of Service)(lg) |
| Filing 140 BRIEF IN OPPOSITION re #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service filed by Angel Irizarry. (Attachments: #1 Declaration of Angel Irizarry, #2 Exhibits, #3 Certificate of Service)(lg) |
| Filing 139 BRIEF IN OPPOSITION to #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexis Maldanado. (Attachment: #1 Declaration in Support) (lg) |
| Filing 138 BRIEF IN OPPOSITION re #125 MOTION for Preliminary Injunction filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Appendix)(Hoke, Kelly) |
| Filing 137 BRIEF IN OPPOSITION re #117 MOTION for Preliminary Injunction filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Appendix)(Hoke, Kelly) |
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Filing 136
ORDER granting #129 Motion for Extension of Time to File Response/Reply re #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service, #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; granting #131 Motion for Extension of Time to File Response/Reply re #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service, #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; granting #132 Motion for Extension of Time to File Response/Reply re #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service, #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief in Opposition due by 1/20/2022 Signed by Chief MJ Karoline Mehalchick on 12/21/2021 (cw)
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| Filing 135 BRIEF IN OPPOSITION to #120 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Miguel Molina. (Attachment: #1 Exhibit) (lg) |
| Filing 134 BRIEF IN OPPOSITION re #124 MOTION for Preliminary Injunction filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Appendix)(Hoke, Kelly) |
| Filing 133 BRIEF IN OPPOSITION to #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vann L. Bailey.(lg) |
| Filing 132 MOTION for Extension of Time to File Brief to #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alexis Maldanado.(lg) |
| Filing 131 MOTION for Extension of Time to File Brief to #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jason Cisne.(lg) Modified on 12/20/2021 (to correctly link motion to the proper motion, i.e. #113) (lg). |
| Filing 130 BRIEF IN OPPOSITION re #122 MOTION for Preliminary Injunction by Plaintiff Molina filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Appendix)(Hoke, Kelly) |
| Filing 129 MOTION for Extension of Time to File Brief in Opposition to #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Angel Irizarry.(nr) |
| Filing 127 BRIEF IN SUPPORT of #125 MOTION for Preliminary Injunction filed by Angel Irizarry.(lg) |
| Filing 128 BRIEF IN SUPPORT re #117 MOTION for Preliminary Injunction filed by Alexis Maldanado. (Attachments: #1 Declaration in Support, #2 Proposed Order)(lg) |
| Filing 126 BRIEF IN SUPPORT of #124 MOTION for Preliminary Injunction filed by Jason Cisne. (Attachments: #1 Declaration in Support, #2 Proposed Order)(lg) |
| Filing 125 MOTION for Preliminary Injunction by Angel Irizarry. (Attachments: #1 Declaration, #2 Proposed Order)(nr) |
| Receipt of payment from MIGUEL MOLINA in the amount of $24.60 for PLRA CIVIL FILING FEE. Transaction posted on 12/3/2021. Receipt number 333079071 processed by epetrosk. (jjs) |
| Filing 124 MOTION for Preliminary Injunction by Jason Cisne.(lg) |
| Filing 123 BRIEF IN SUPPORT re #122 MOTION for Preliminary Injunction filed by Miguel Molina.(lg) |
| Filing 122 MOTION for Preliminary Injunction by Miguel Molina. (Attachment: #1 Proposed Order)(lg) |
| Filing 121 BRIEF IN SUPPORT re #120 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 120 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel as to #108 Third Amended Complaint filed by Miguel Molina. (Attachments: #1 Proposed Order)(Hoke, Kelly) Modified on 12/2/2021 (jr). |
| Filing 119 BRIEF IN SUPPORT re #118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 118 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel as to #106 Third Amended Complaint filed by Vann L. Bailey. (Attachments: #1 Proposed Order)(Hoke, Kelly) Modified on 11/30/2021 (jr). |
| DOCKET ANNOTATION: DOC #109 and DOC #110 deleted and refiled at DOC #111 and DOC #112. (jr) |
| DOCKET ANNOTATION: DOC #111 replaced at the request of counsel. NEF regenerated. (jr) |
| Filing 117 MOTION for Preliminary Injunction by Alexis Maldanado. (Attachments: #1 Exhibit A - Notice from DOC, #2 Declaration)(nr) |
| Filing 116 BRIEF IN SUPPORT re #115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 115 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel as to #104 Third Amended Complaint filed by Alexis Maldanado. (Attachments: #1 Proposed Order)(Hoke, Kelly) Modified on 11/30/2021 (jr). |
| Filing 114 BRIEF IN SUPPORT re #113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 113 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel as to #102 Third Amended Complaint filed by Jason Cisne. (Attachments: #1 Proposed Order)(Hoke, Kelly) Modified on 11/30/2021 (jr). |
| Filing 112 BRIEF IN SUPPORT with corrected certificate of service re #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service filed by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with corrected certificate of service by Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel as to #101 Third Amended Complaint filed by Angel Irizarry. (Attachments: #1 Proposed Order)(Hoke, Kelly) (Main Document 111 replaced on 11/30/2021) (jr). Modified on 11/30/2021 (jr). |
| Filing 108 THIRD AMENDED COMPLAINT against Tabb Bickell, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Miguel Molina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(lg) |
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Filing 107
ORDER granting #103 Motion for Extension of Time to Amend Amended Pleadings due by 12/2/2021. Signed by Chief MJ Karoline Mehalchick on 11/16/2021 (cw)
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| Filing 106 THIRD AMENDED COMPLAINT against Tabb Bickell, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Vann L. Bailey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(nr) |
| Filing 105 DECLARATION by Alexis Maldanado re #104 Amended Complaint. (ao) |
| Filing 104 THIRD AMENDED COMPLAINT against Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Alexis Maldanado.(ao) |
| Filing 103 MOTION for Extension of Time to Amend #1 Complaint, #35 Amended Complaint, by Miguel Molina. (Attachments: #1 Proposed Order)(ao) |
| Filing 102 THIRD AMENDED COMPLAINT against Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Jason Cisne.(ao) (Additional attachment(s) added on 11/15/2021: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I) (ao). (Attachment 7 replaced on 11/15/2021) (ao). (Attachment 8 replaced on 11/15/2021) (ao). |
| Filing 101 THIRD AMENDED COMPLAINT against Tabb Bickell, Erin Brown, K. Kauffman, G. Ralston, J. Spyker, Scott Walters, John Wetzel, filed by Angel Irizarry.(ao) |
| Receipt of payment from MIGUEL MOLINA in the amount of $25.29 for PLRA CIVIL FILING FEE. Transaction posted on 11/1/2021. Receipt number 333078550 processed by aoswald. (jjs) |
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Filing 100
ORDER granting #92 Motion to Amend/Correct; granting #94 Motion for Extension of Time to Amend ; granting #96 Motion for Extension of Time to Amend ; granting #98 Motion for Extension of Time to Amend Amended Pleadings due by 11/18/2021. Signed by Chief MJ Karoline Mehalchick on 10/29/2021 (cw)
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| Filing 99 DECLARATION in Support re #98 MOTION for Extension of Time to Amend #1 Complaint, #35 Amended Complaint, #72 Amended Complaint filed by Angel Irizarry.(ao) |
| Filing 98 MOTION for Extension of Time to Amend #1 Complaint, #35 Amended Complaint, #72 Amended Complaint by Angel Irizarry. (Attachments: #1 Proposed Order)(ao) |
| Filing 97 DECLARATION in Support re #96 MOTION for Extension of Time to Amend #1 Complaint, #35 Amended Complaint, #72 Amended Complaint filed by Jason Cisne.(ao) |
| Filing 96 MOTION for Extension of Time to Amend #1 Complaint, #35 Amended Complaint, #72 Amended Complaint by Jason Cisne.(ao) (Additional attachment(s) added on 10/25/2021: #1 Proposed Order) (ao). |
| Filing 95 DECLARATION in Support re #94 MOTION for Extension of Time to Amend #1 Complaint (Lodged with Motion for IFP) filed by Vann L. Bailey.(ao) |
| Filing 94 MOTION for Extension of Time to Amend #1 Complaint by Vann L. Bailey.(ao) (Additional attachment(s) added on 10/22/2021: #1 Proposed Order) (ao). |
| Filing 93 DECLARATION in Support re #92 ), #35 , #72 Complaint filed by Alexis Maldanado.(ao) |
| Filing 92 MOTION to Amend #1 , #35 , #72 Complaint by Alexis Maldanado. (Attachments: #1 Proposed Order)(ao) |
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Filing 91
ORDER granting #90 Motion for Extension of Time to Amend - AND NOW, this 19th day of October, 2021, IT IS HEREBY ORDERED that plaintiffs motion for leave to file an amended complaint (Doc. 90) is GRANTED. Plaintiff Miguel Molina shall file his amended complaint on or before Thursday, November 18, 2021. Amended Pleadings due by 11/18/2021. Signed by Chief MJ Karoline Mehalchick on 10/19/2021 (cw)
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| Filing 90 MOTION for Extension of Time to Amend Complaint by Miguel Molina. (Attachments: #1 Proposed Order)(ao) |
| Receipt of payment from MIGUEL MOLINA in the amount of $24.95 for PLRA CIVIL FILING FEE. Transaction posted on 10/4/2021. Receipt number 333078252 processed by epetrosk. (jjs) |
| Receipt of payment from ALEXIS MALDANADO in the amount of $23.97 for PLRA CIVIL FILING FEE. Transaction posted on 10/4/2021. Receipt number 111027653 processed by aarlidge. (jjs) |
| Filing 89 Letter to Court from Plaintiff Vann Bailey that he did not receive the Court's Order until 9/14/2021 and his brief will be mailed a few days hereafter. (Attachment: #1 Mail Room slip) (lg) |
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Filing 88
ORDER granting #86 Motion to Withdraw as Attorney. Attorney Marianne Sawicki terminated - AND NOW, this 1st day of October, 2021, upon consideration of the motion for leave to withdraw appearance filed by plaintiffs counsel, IT IS HEREBY ORDERED that the motion (Doc. 86) is GRANTED. The Clerk is to withdraw the appearance of Marianne Sawicki, Esquire on behalf of all plaintiffs. The Clerk and counsel for the defendants are directed henceforth to serve papers to each of the plaintiffs individually, by mail, with proper identification codes as assigned by the Pennsylvania Department of Corrections, to SCI Huntingdon, 1100 Pike Street, Huntingdon, PA 16654.IT IS FURTHER ORDERED that defendants respond to plaintiffs amended complaint on or before Monday, November 1, 2021. Signed by Chief MJ Karoline Mehalchick on 10/1/2021 (cw)
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| Filing 86 Unopposed MOTION to Withdraw as Attorney for Plaintiffs by Marianne Sawicki by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Proposed Order)(Sawicki, Marianne) |
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Filing 85
SCHEDULING ORDER: Telephone Status Conference set for 10/1/2021 12:30 PM before Chief MJ Karoline Mehalchick. SEE ORDER FOR CALL IN NUMBERS. Signed by Chief MJ Karoline Mehalchick on 9/29/2021. (cw)
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Filing 84
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #67 Chief Magistrate Judge Mehalchick's Report and Recommendation is adopted; #43 Plaintiff's Motion to Certify Class is denied; this matter is REMANDED to Chief Magistrate Judge Mehalchick for further proceedings. Signed by Chief Judge Matthew W. Brann on 9/28/2021. (lg)
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| Receipt of payment from ALEXIS MALDANADO in the amount of $42.76 for PLRA CIVIL FILING FEE. Transaction posted on 9/2/2021. Receipt number 333077854 processed by epetrosk. (jjs) |
| Receipt of payment from MIGUEL MOLINA in the amount of $5.71 for PLRA CIVIL FILING FEE. Transaction posted on 9/2/2021. Receipt number 333077849 processed by epetrosk. (jjs) |
| Receipt of payment from MIGUEL MOLINA in the amount of $71.58 for PLRA CIVIL FILING FEE. Transaction posted on 8/2/2021. Receipt number 333077397 processed by aoswald. (jjs) |
| Receipt of payment from ALEXIS MALDANADO in the amount of $63.91 for PLRA CIVIL FILING FEE. Transaction posted on 8/2/2021. Receipt number 333077401 processed by aoswald. (jjs) |
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Filing 83
ORDER re #78 Praecipe - The Court shall DENY WITHOUT PREJUDICE Plaintiffs' request for default. SEE ORDER FOR FUTER DETAILS. Signed by Chief MJ Karoline Mehalchick on 7/28/2021. (cw)
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| Filing 82 REPLY by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. to #81 Memorandum of Law . (Sawicki, Marianne) |
| Filing 81 MEMORANDUM OF LAW by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel re #78 Praecipe, #79 Proposed Pretrial Order . (Hoke, Kelly) |
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Filing 80
ORDER granting #75 Motion to Stay - IT IS HEREBY ORDERED that Defendants Motion to Stay (Doc. 75) is GRANTED insofar as the deadline for Defendants to respond to Plaintiffs Second Amended Complaint is stayed until 14 days after the disposition of the pending Report and Recommendation. (Doc. 67). Signed by Chief MJ Karoline Mehalchick on 7/23/2021 (cw)
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| Filing 79 Proposed Pretrial Order to Enter Default of Defendants by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Sawicki, Marianne) |
| Filing 78 Praecipe for Entry of Default pursuant to Rule 55(a) . (Sawicki, Marianne) |
| Receipt of payment from ANGEL IRIZARRY in the amount of $25.65 for PLRA CIVIL FILING FEE. Transaction posted on 7/2/2021. Receipt number 333076986 processed by aoswald. (tp) |
| Receipt of payment from ALEXIS MALDANADO in the amount of $4.80 for PLRA CIVIL FILING FEE. Transaction posted on 7/2/2021. Receipt number 333076988 processed by aoswald. (tp) |
| Receipt of payment from JASON CISNE in the amount of $209.68 for PLRA CIVIL FILING FEE. Transaction posted on 7/2/2021. Receipt number 333076992 processed by aoswald. (tp) |
| Receipt of payment from MIGUEL MOLINA in the amount of $21.43 for PLRA CIVIL FILING FEE. Transaction posted on 7/2/2021. Receipt number 333076998 processed by aoswald. (tp) |
| Filing 77 BRIEF IN OPPOSITION re #75 MOTION to Stay filed by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina.(Sawicki, Marianne) |
| Filing 76 BRIEF IN SUPPORT re #75 MOTION to Stay filed by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 75 MOTION to Stay by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Proposed Order)(Hoke, Kelly) |
| Filing 74 REPLY re #71 OBJECTIONS to #67 REPORT AND RECOMMENDATIONS re #43 MOTION to Certify Class and appoint class counsel filed by Alexis Maldanado, Jason Cisne, Miguel Molina, Angel Irizarry, Vann L. Bailey filed by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) Modified on 6/29/2021 (to add reference and link to the Objections to the R&R) (lg). |
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Filing 73
ORDER striking as moot #62 Motion to Dismiss for Failure to State a Claim. IT Defts Rule 12(b)(6) Motion to Dismiss the original Complaint is STRUCK AS MOOT. (Doc. 62). Defts are directed to file a response to the Amended Complaint within 14 days of the date of this Order. Signed by Chief MJ Karoline Mehalchick on 6/22/21 (ao)
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| Filing 72 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Vann L. Bailey, Alexis Maldanado, Jason Cisne, Miguel Molina, Angel Irizarry.(Sawicki, Marianne) |
| Filing 71 OBJECTION to #67 Report and Recommendations as to certification of class. (Sawicki, Marianne) |
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Filing 70
ORDER withdrawing #42 Motion for Preliminary Injunction; finding as moot #68 Report and Recommendations.; granting #69 Motion to Withdraw ; withdrawing #8 Motion for Preliminary Injunction - AND NOW, this 15th day of June, 2021, upon consideration of Plaintiffs Motion to Withdraw Motion and Amended Motion (Doc. 69), in which Plaintiffs seek to withdraw their motions seeking preliminary injunctions (Doc. 8; Doc. 42), it is hereby ORDERED that Plaintiffs motion is GRANTED, the motions seeking preliminary injunctions are deemed WITHDRAWN, and the Report and Recommendation (Doc. 68) addressing those motions is STRUCK AS MOOT. Signed by Chief MJ Karoline Mehalchick on 6/15/2021 (cw)
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| Filing 69 Unopposed MOTION to Withdraw #8 MOTION for Preliminary Injunction, #42 Amended MOTION for Preliminary Injunction by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Proposed Order)(Sawicki, Marianne) |
| Filing 68 REPORT AND RECOMMENDATIONS re #8 MOTION for Preliminary Injunction filed by Alexis Maldanado, Jason Cisne, Miguel Molina, Angel Irizarry, Vann L. Bailey, #42 Amended MOTION for Preliminary Injunction filed by Alexis Maldanado, Jason Cisne, Miguel Molina, Angel Irizarry, Vann L. Bailey - Based on the foregoing, it is recommended that Plaintiffs Request for a Preliminary Injunction (Doc. 42) be DENIED. Further, it is recommended that the original Motion for Preliminary Injunction be STRUCK as moot. (Doc. 8). Objections to R&R due by 6/22/2021. Signed by Chief MJ Karoline Mehalchick on 6/8/2021. (cw) |
| Filing 67 REPORT AND RECOMMENDATIONS re #43 MOTION to Certify Class and appoint class counsel filed by Alexis Maldanado, Jason Cisne, Miguel Molina, Angel Irizarry, Vann L. Bailey - Based on the foregoing, it is recommended that the Court DENY Plaintiffs Motion to Certify the Class. (Doc. 43). As such, it is also recommended that the Court DENY Plaintiffs Motion to Appoint Class Counsel. (Doc. 43). Objections to R&R due by 6/22/2021. Signed by Chief MJ Karoline Mehalchick on 6/8/2021. (cw) |
| Receipt of payment from JASON CISNE in the amount of $130.16 for PLRA CIVIL FILING FEE. Transaction posted on 6/1/2021. Receipt number 333076520 processed by gangeli. (jjs) |
| Receipt of payment from ANGEL IRIZARRY in the amount of $21.84 for PLRA CIVIL FILING FEE. Transaction posted on 6/1/2021. Receipt number 333076526 processed by gangeli. (jjs) |
| Receipt of payment from ALEXIS MALDANADO in the amount of $146.20 for PLRA CIVIL FILING FEE. Transaction posted on 6/1/2021. Receipt number 333076522 processed by gangeli. (jjs) |
| Receipt of payment from MIGUEL MOLINA in the amount of $1.65 for PLRA CIVIL FILING FEE. Transaction posted on 6/1/2021. Receipt number 333076529 processed by gangeli. (jjs) |
| Receipt of payment from VANN L BAILEY in the amount of $18.59 for PLRA CIVIL FILING FEE. Transaction posted on 6/1/2021. Receipt number 333076528 processed by gangeli. (jjs) |
| Filing 66 AMENDED ORDER re #65 Order on Motion for Extension of Time to File - AND NOW, this 2nd day of June, 2021, having convened the parties to clarify any confusion over the language of the order extending the time for Plaintiff to file a response to Defendants motion to dismiss, it is hereby ORDERED that Plaintiffs motion for extension of time is GRANTED, and Plaintiff shall have fourteen (14) days to file a response to the motion to dismiss following the issuance of Reports and Recommendations on BOTH the Motion for Preliminary Injunction and the Motion for Class Certification. Signed by Chief MJ Karoline Mehalchick on 6/2/2021. (cw) |
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Filing 65
ORDER granting #64 Motion for Extension of Time to File -Plaintiffs may amend their pleading, supplement their pleading, or file a brief in opposition to DOC defendants' partial motion to dismiss, within fourteen days after the date when the court resolves: 1. The amended motion for preliminary injunction (Doc. 42); 2. The motion for certification of class and appointment of counsel (Doc. 43). Signed by Chief MJ Karoline Mehalchick on 6/1/2021 (cw)
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| Filing 64 Unopposed MOTION for Extension of Time to File response to motion for partial dismissal by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Proposed Order)(Sawicki, Marianne) |
| Filing 63 BRIEF IN SUPPORT re #62 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 62 (STRICKEN per 6/22/2021 Order) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Proposed Order)(Hoke, Kelly) Modified on 6/23/2021 (lg). |
| DOCKET ANNOTATION: Pursuant to request of counsel, doc 62 deleted; will be refiled. (lg) |
| DOCKET ANNOTATION: Pursuant to request of counsel Doc 61 deleted as now both the Motion and Brief in Support have been refiled. (lg) |
| Filing 60 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument/Testimony (A.M. session) before Judge Mehalchick on 5/12/2021. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mehalchick on 5/12/2021. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr) |
| VERBAL SCHEDULING ORDER: Telephone Status Conference set for 5/7/2021 10:00 AM before Chief MJ Karoline Mehalchick. (cw) |
| Filing 57 Letter from plaintiffs' counsel Marianne Sawicki responding to Order of April 30, 2021. (Sawicki, Marianne) |
| Receipt of payment from ANGEL IRIZARRY in the amount of $302.51 for PLRA CIVIL FILING FEE. Transaction posted on 5/3/2021. Receipt number 333076124 processed by epetrosk. (jjs) |
| Receipt of payment from ALEXIS MALDANADO in the amount of $18.20 for PLRA CIVIL FILING FEE. Transaction posted on 5/3/2021. Receipt number 333076129 processed by epetrosk. (jjs) |
| Receipt of payment from VANN L BAILEY in the amount of $291.41 for PLRA CIVIL FILING FEE. Transaction posted on 5/3/2021. Receipt number 333076122 processed by epetrosk. (jjs) |
| Receipt of payment from JASON CISNE in the amount of $10.16 for PLRA CIVIL FILING FEE. Transaction posted on 5/3/2021. Receipt number 333076131 processed by epetrosk. (jjs) |
| Receipt of payment from MIGUEL MOLINA in the amount of $1.65 for PLRA CIVIL FILING FEE. Transaction posted on 5/3/2021. Receipt number 333076135 processed by epetrosk. (jjs) |
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Filing 56
SCHEDULING ORDER: AND NOW, this 30th day of April, 2021, IT IS HEREBY ORDERED the Court will hear argument on the Motions for Preliminary Injunction (Docs. 8; 42) on Wednesday, May 12, 2021 at 9:00 AM. Counsel shall advise the Court on or before May 5, 2021 if they wish to proceed in person or via Zoom, and how many witnesses they might be calling. Motion Hearing set for 5/12/2021 09:00 AM before Chief MJ Karoline Mehalchick. Signed by Chief MJ Karoline Mehalchick on 4/30/2021. (cw)
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| Filing 55 Letter from Counsel for Defendants . (Hoke, Kelly) |
| Filing 54 Letter from plaintiffs' counsel Marianne Sawicki about incidence of covid cases. (Sawicki, Marianne) |
| Filing 53 REPLY BRIEF re #42 Amended MOTION for Preliminary Injunction filed by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina.(Sawicki, Marianne) |
| Filing 52 NOTICE by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel re #51 Appendix,, #50 Brief in Opposition, Errata (Wikhian, Tara) |
| Filing 51 APPENDIX by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel. to #50 Brief in Opposition, . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V)(Wikhian, Tara) (Attachment 3 replaced on 4/23/2021) (ibr). |
| Filing 50 BRIEF IN OPPOSITION re #42 Amended MOTION for Preliminary Injunction filed by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Proposed Order)(Wikhian, Tara) (Main Document 50 replaced on 4/23/2021) (ibr). |
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Filing 49
ORDER granting #48 Motion for Leave to File Excess Pages Signed by Chief MJ Karoline Mehalchick on 4/15/2021 (cw)
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| Filing 48 MOTION to Exceed Page Limitation brief in opposition to motion for preliminary injunction by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel. (Attachments: #1 Proposed Order)(Wikhian, Tara) |
| DOCKET ANNOTATION: Pursuant to request of counsel, docs 48 and 49 deleted; to be refiled. (lg) |
| Filing 47 REPLY BRIEF re #43 MOTION to Certify Class and appoint class counsel filed by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina.(Sawicki, Marianne) |
| Filing 46 BRIEF IN SUPPORT re #42 Amended MOTION for Preliminary Injunction filed by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Index to exhibits, #2 Ex. 1 - DOC press release 3/12/2020, #3 Ex. 2 - Irizarry affidavit 3/29/2021, #4 Ex. 3 - Covid-19 tables 3/10/2021 7 3/11/2021, #5 Ex 4 - Jaafari news story 1/29/2021, #6 Ex. 5 - DOC press release 1/29/2021, #7 Ex. 6 - Letter from advocacy groups 3/16/2020, #8 Ex. 7 - Miller news story 12/16/2020)(Sawicki, Marianne) |
| Filing 45 BRIEF IN OPPOSITION re #43 MOTION to Certify Class and appoint class counsel filed by Tabb Bickell, Erin Brown, K. Kauffman, William Nicklow, G. Ralston, J. Spyker, Scott Walters, John Wetzel.(Hoke, Kelly) |
| Filing 44 BRIEF IN SUPPORT re #43 MOTION to Certify Class and appoint class counsel filed by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina.(Sawicki, Marianne) |
| Filing 43 MOTION to Certify Class and appoint class counsel by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Proposed Order)(Sawicki, Marianne) |
| Filing 42 Amended MOTION for Preliminary Injunction by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Proposed Order)(Sawicki, Marianne) |
| Filing 41 REQUEST dtd 3/19/21 for copy of docket sheet by Miguel Molina. (ao) |
| DOCKET ANNOTATION: Docket sheet sent to Pltf Molina. (ao) |
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Filing 39
ORDER granting #2 , #9 , #11 , #13 , #16 Motions for Leave to Proceed in forma pauperis ; COMPLAINT IS DEEMED FILED; Signed by Chief MJ Karoline Mehalchick on 3/23/21 CC: Warden/Superintendent to arrange and begin PLRA Civil Filing Fee payments; (ep)
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| Filing 38 NOTICE of Appearance by Tara J Wikhian on behalf of Tabb Bickell, Erin Brown, William Nicklow, Scott Walters (Wikhian, Tara) |
| Filing 37 WAIVER OF SERVICE Returned by Erin Brown, William Nicklow, Scott Walters, Tabb Bickell. Erin Brown waiver sent on 3/22/2021, answer due 5/21/2021; William Nicklow waiver sent on 3/22/2021, answer due 5/21/2021; Scott Walters waiver sent on 3/22/2021, answer due 5/21/2021; Tabb Bickell waiver sent on 3/22/2021, answer due 5/21/2021. (Hoke, Kelly) |
| Filing 36 NOTICE of Appearance by Kelly J Hoke on behalf of Tabb Bickell, Erin Brown, William Nicklow, Scott Walters (Hoke, Kelly) |
| Filing 35 AMENDED COMPLAINT -- Class Action against KEVIN KAUFFMAN, JILL SPYKER, SCOTT WALTERS, G. RALSTON, JOHN WETZEL, TABB BICKELL, ERIN BROWN, and WILLIAM NICKLOW , filed by Miguel Molina, Jason Cisne, Vann L. Bailey, Alexis Maldanado, Angel Irizarry. (Attachments: #1 attach 1, pars 29.1 to 29.35, #2 attach 2, pars 30.1 to 30.117, #3 attach 3, pars 31.1 to 31.55, #4 attach 4, pars 31.56 to 31.61)(Sawicki, Marianne) Modified on 3/22/2021 (ep). |
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Filing 34
SCHEDULING ORDER: Telephone Status Conference set for 3/24/2021 11:00 AM before Chief MJ Karoline Mehalchick. SEE ORDER FOR CALL IN NUMBERS. Signed by Chief MJ Karoline Mehalchick on 3/19/2021. (cw)
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| Filing 33 NOTICE of Appearance by Marianne Sawicki on behalf of Vann L. Bailey, Jason Cisne, Angel Irizarry. (Sawicki, Marianne) |
| Filing 32 NOTICE of Appearance by Tara J Wikhian on behalf of K. Kauffman, G. Ralston, J. Spyker, John Wetzel (Wikhian, Tara) |
| Filing 31 DEMAND for Trial by Jury by K. Kauffman, G. Ralston, J. Spyker, John Wetzel. (Hoke, Kelly) |
| Filing 30 NOTICE of Appearance by Kelly J Hoke on behalf of K. Kauffman, G. Ralston, J. Spyker, John Wetzel (Hoke, Kelly) |
| Filing 29 WAIVER OF SERVICE Returned by K. Kauffman, J. Spyker, John Wetzel, G. Ralston. All Defendants. (DeFelice, Chase) |
| Filing 28 NOTICE of Appearance by Marianne Sawicki on behalf of Alexis Maldanado, Miguel Molina. (Sawicki, Marianne) |
| Filing 27 REQUEST dtd 3/2/21 for status of case by Jason Cisne. (ao) |
| Filing 26 CERTIFIED Prisoner Trust Fund Account Statement by Angel Irizarry. (sm) |
| Filing 25 CERTIFIED Prisoner Trust Fund Account Statement by Jason Cisne. (sm) |
| Filing 24 CERTIFIED Prisoner Trust Fund Account Statement by Vann L. Bailey. (sm) |
| Filing 23 CERTIFIED Prisoner Trust Fund Account Statement by Alexis Maldanado. (sm) |
| Filing 22 Certified Prisoner Trust Fund Account Statement by Miguel Molina. (sm) |
| Filing 21 UNCERTIFIED Prisoner Trust Fund Account Statement for Miguel Molina. (ao) |
| Verbal Order Referring Case to Chief MJ Mehalchick for Referral of Matters to a U.S.Magistrate Judge. (For report and recommendation and pretrial management of case up to and including motion to certify class action). (cd) |
| VERBAL ORDER referring case to Chief Magistrate Judge Karoline Mehalchick for report and recommendation and pretrial management of case up to and including motion to certify class action.(cw) |
| Filing 20 Mail Returned (Doc. 15) as Undeliverable. Mail sent to Angel Irizarry (ao) |
| Filing 19 BRIEF IN SUPPORT re Pltfs' #8 MOTION for Preliminary Injunction.(ao) |
| Filing 18 INCOMPLETE ( unsigned) notice to proceed before MJ by Alexis Maldanado.. (sm) |
| Filing 17 UNCERTIFIED Prisoner Trust Fund Account Statement by Alexis Maldanado. (sm) |
| Filing 16 Certified MOTION for Leave to Proceed in forma pauperis by Alexis Maldanado.(sm) |
| Filing 15 FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the Warden or other appropriate official of the institution at which Plaintiffs are currently incarcerated is directed to provide to the Court, under oath, or declare under penalty of perjury, a statement of the current balance in each of the Plaintiff's accounts and records of the transactions in his account that have occurred with the preceding six (6) months. Order sent to Superintendent and plaintiffs. Signed by LP on 01/25/2021. (lp) |
| Filing 14 UNCERTIFIED Prisoner Trust Fund Account Statement by Jason Cisne. (ao) |
| Filing 13 CERTIFIED MOTION (Application) for Leave to Proceed in forma pauperis by Jason Cisne.(ao) |
| Filing 12 UNCERTIFIED Prisoner Trust Fund Account Statement by Angel Irizarry. (ao) |
| Filing 11 CERTIFIED MOTION (Application) for Leave to Proceed in forma pauperis by Angel Irizarry.(ao) |
| Filing 10 UNCERTIFIED Prisoner Trust Fund Account Statement by Vann L. Bailey. (ao) |
| Filing 9 CERTIFIED MOTION ((Application) for Leave to Proceed in forma pauperis by Vann L. Bailey.(ao) |
| Filing 8 MOTION for Preliminary Injunction by Vann L. Bailey, Jason Cisne, Angel Irizarry, Alexis Maldanado, Miguel Molina. (Attachments: #1 Cont.)(ao) |
| Filing 7 Letter from Miguel Molina requesting docket number. (ao) |
| Filing 6 THIRTY (30) DAY ADMINISTRATIVE ORDER directing each of the prisoners to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 01/08/2021. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 5 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent, #2 Instruction Sheet, #3 Fed and Local Rules) (lp) |
| Filing 4 U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (lp) |
| Filing 3 UNCERTIFIED Prisoner Trust Fund Account Statement filed by Miguel Molina. (lp) |
| Filing 2 CERTIFIED MOTION for Leave to Proceed in forma pauperis filed by Miguel Molina. (lp) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis IFP RECEIVED BY PLAINTIFF Molina only, filed by Miguel Molina, Jason Cisne, Vann L. Bailey, Alexis Maldanado, Angel Irizarry.(lp) |
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