Morgan v. Commonwealth of Pennsylvania et al
| Dale Morgan |
| Commonwealth of Pennsylvania, Pennsylvania State Police, Centre County, PA, Michael D Brown and John Doe's, . |
| 4:2023cv00872 |
| May 25, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Matthew W Brann |
| P.I.: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 61 BRIEF IN OPPOSITION re #46 MOTION to Dismiss for Failure to State a Claim filed by Dale Morgan. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix)(Russell, Camille) |
| Filing 60 AFFIDAVIT in Opposition re #46 MOTION to Dismiss for Failure to State a Claim filed by Dale Morgan.(Russell, Camille) |
Filing 59
ORDER - IT IS HEREBY ORDERED that #58 Motion to Extend Time is GRANTED. Plaintiff Dale Morgan's time to file his brief in opposition to Defendants- Michael Brown, Pennsylvania State Police and Commonwealth of Pennsylvania motion to dismiss is extended until 8/10/2023. Signed by Chief Judge Matthew W. Brann on 7/12/2023. (ea)
|
| Filing 58 First MOTION for Extension of Time to To Respond to Defendants PSP, Brown & Commonwealth Motion To Dismiss by Dale Morgan. (Attachments: #1 Proposed Order)(Russell, Camille) |
| Filing 57 SPECIAL ADMISSIONS FORM APPROVED as to Camille Russell. Signed by Chief Judge Matthew W. Brann on 06/29/2023. (ea) |
| Filing 56 BRIEF IN SUPPORT re #55 MOTION to Dismiss for Failure to State a Claim filed by Michael D Brown, Commonwealth of Pennsylvania, Pennsylvania State Police. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Bowers, Anthony) |
| Filing 55 MOTION to Dismiss for Failure to State a Claim by Michael D Brown, Commonwealth of Pennsylvania, Pennsylvania State Police. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order Proposed Order)(Bowers, Anthony) |
|
Filing 54
ORDER granting #52 Motion to Extend Time. Plaintiff, Dale Morgan's time to respond to Centre County's Motion to dismiss is extended until 7/22/2023. Signed by Chief Judge Matthew W. Brann on 6/22/2023. (jr)
|
| DOCKET ANNOTATION: Attorney Russell is directed to file all exhibits separated, labeled, and added as an attachment to the main document in the future. (ea) |
| Filing 53 First MOTION to Amend/Correct #52 First MOTION for Extension of Time to Time To Respond To Motion to Dismiss With Proposed Order by Dale Morgan.(Russell, Camille) |
| Filing 52 First MOTION for Extension of Time to Time To Respond To Motion to Dismiss With Proposed Order by Dale Morgan.(Russell, Camille) |
| DOCKET ANNOTATION: Attorney Russell is instructed to file a formal motion with a form order requesting the relief sought in the letter at DOC #50. (nr) |
| Filing 51 NOTICE of Appearance by Bernard Mitchell Alter on behalf of Dale Morgan (Alter, Bernard) |
| Filing 50 First MOTION for Extension of Time to Time To Respond To Motion to Dismiss by Dale Morgan.(Russell, Camille) |
| Filing 49 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Camille O. Russell on behalf of Dale Morgan Attorney Camille Russell, Esq is seeking special admission. Filing fee $ 50, receipt number BPAMDC-6318185.. (Russell, Camille) |
| Filing 48 ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Alexander Thomas Korn terminated. Attorney Anthony R. Bowers for Michael D Brown,Anthony R. Bowers for Commonwealth of Pennsylvania,Anthony R. Bowers for Pennsylvania State Police added. (Bowers, Anthony) |
| Filing 47 BRIEF IN SUPPORT re #46 MOTION to Dismiss for Failure to State a Claim filed by Centre County, PA.(Clayberger, Matthew) |
| Filing 46 MOTION to Dismiss for Failure to State a Claim by Centre County, PA. (Attachments: #1 Proposed Order)(Clayberger, Matthew) |
| Filing 45 NOTICE of Appearance by Danielle Vols on behalf of Centre County, PA (Vols, Danielle) |
| Filing 44 NOTICE of Appearance by Matthew Clayberger on behalf of Centre County, PA (Clayberger, Matthew) |
| Filing 43 Letter Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Chief Judge Matthew W. Brann on 5/26/2023. (jr) |
| Filing 42 Case transferred electronically in from District of New York Eastern; Case Number 1:21-cv-04581 containing electronic documents. |
|
Filing 41
MEMORANDUM & ORDER: The defendants' motion to transfer this case to the Middle District of Pennsylvania is granted. All other pending motions are denied without prejudice to renew before the transferee court. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 5/24/2023. (AG) [Transferred from New York Eastern on 5/25/2023.]
|
| Case transferred to the Middle District of Pennsylvania. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 40 MEMORANDUM in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Centre County, PA. (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 39 REPLY in Support re #29 MOTION to Change Venue , #31 MOTION to Dismiss for Failure to State a Claim filed by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 38 REPLY in Support , MEMORANDUM in Opposition filed by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Case Reassigned to Magistrate Judge Ramon E. Reyes, Jr. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (JM) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 37 NOTICE by Centre County, PA Withdrawal of Appearance (Schwalm, David) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 36 DECLARATION re #34 MOTION to Dismiss for Failure to State a Claim by Centre County, PA (Attachments: #1 Exhibit A, #2 Exhibit B) (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 35 MEMORANDUM in Support re #34 MOTION to Dismiss for Failure to State a Claim filed by Centre County, PA. (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Centre County, PA. (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 33 AFFIDAVIT/DECLARATION in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Attachments: #1 Exhibit A - Amended Complaint) (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 31 MOTION to Dismiss for Failure to State a Claim by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Change Venue filed by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 29 MOTION to Change Venue by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 28 AMENDED COMPLAINT Corrected Amended Complaint against All Defendants, filed by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 27 AMENDED COMPLAINT First against All Defendants, filed by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER -- Plaintiff shall immediately comply with the Court's October 18 order and file his amended complaint that was due on November 17, 2022. Ordered by Judge Eric R. Komitee on 11/23/2022. (AG) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 26 TRANSCRIPT of Proceedings held on October 18, 2022, before Judge Komitee. Court Transcriber: Fiore Transcription and Transcription Service. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/28/2022. Redacted Transcript Deadline set for 12/8/2022. Release of Transcript Restriction set for 2/6/2023. (RC) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 25 Minute Entry for proceedings held before Judge Eric R. Komitee: Status Conference held on 10/18/2022. Case called. Discussion held. Plaintiff is granted leave to amend his complaint. Plaintiff's amended complaint shall be filed by November 17, 2022. As discussed, Defendants shall answer, move or otherwise respond to the amended complaint by December 19, 2022; Plaintiff shall respond to any motion to transfer venue or dismiss by January 18, 2023; Defendants' reply, if any, shall be filed by January 30, 2023. Mr. Korn's motion to appear by telephone, or in the alternative, adjourn the conference is moot. (FTR Log #10:45 - 11:29.) (AG) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 24 Letter MOTION to Appear by Telephone or, in the alternative, to adjourn Court Conference by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 23 NOTICE of Appearance by Matthew R Clayberger on behalf of Centre County, PA (notification declined or already on case) (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 10/12/2022. (LK) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 22 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16013100. by Centre County, PA. (Attachments: #1 Affidavit) (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER denying without prejudice #20 Motion for Leave to Appear Pro Hac Vice. The pro hac vice motion is incomplete and therefore denied without prejudice. Ordered by Magistrate Judge Roanne L. Mann on 10/6/2022. (NE) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 21 REPLY in Opposition filed by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 20 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16008336. by Centre County, PA. (Clayberger, Matthew) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 19 Letter MOTION to Change Venue by all Defendants by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER re #16 Motion for Pre Motion Conference; re #17 Motion for Pre Motion Conference -- The Court has reviewed the parties' pre-motion letters concerning Defendants' anticipated motions to dismiss or, in the alternative, to transfer venue. Any defendants who seek to transfer venue are directed to file one consolidated letter, not to exceed seven pages, on that issue by September 20, 2022. Plaintiff shall respond on the subject of transfer, in a letter not to exceed five pages, by October 4, 2022. A conference will be held on October 18, 2022 at 10:30 a.m. in person in Courtroom 6G North. At the conference, the Court will hear oral argument on the transfer issue and conduct a premotion conference on the anticipated motions to dismiss. Ordered by Judge Eric R. Komitee on 8/31/2022. (Guy, Alicia) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 18 MEMORANDUM in Opposition filed by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER -- Defendants submitted letters requesting a pre-motion conference on an anticipated motions to dismiss on March 9 and March 10. Pursuant to Rule III.B.3 of this Court's Individual Motion Practices and Rules, Plaintiff was required to serve and file a letter response of three pages or less within five days after service of Defendants' letters. Plaintiff still has not done so. Accordingly, the Court directs Plaintiff to file their response by March 24, 2022. Ordered by Judge Eric R. Komitee on 3/19/2022. (Guy, Alicia) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 17 Letter Requesting Pre-Motion Conference by Centre County, PA (Schwalm, David) Modified on 3/10/2022 (Guy, Alicia). [Transferred from New York Eastern on 5/25/2023.] |
| Incorrect Case/Document/Entry Information re #16 Letter electronically filed by Alexander Korn, Esq., #17 Letter electronically filed by David Schwalm, Esq. -- Motions for pre-motion conference addressed to Judge Komitee must be filed using the Pre Motion Conference event found in the Motions section of the Motions and Related Filings section. No corrective action is required at this time, do not refile your document. (Guy, Alicia) [Transferred from New York Eastern on 5/25/2023.] |
| NOTICE -- Defendants submitted letters requesting a pre-motion conference on anticipated motions to dismiss on March 9, and March 10, 2022. Plaintiff's counsel is reminded that pursuant to Rule III.B.3 of # Judge Komitee's Individual Motion Practices and Rules, Plaintiff is required to serve and file a letter response of three pages or less, within five days of service of Defendants' letter. (Guy, Alicia) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 16 Letter Requesting Pre-Motion Conference by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police (Korn, Alexander) Modified on 3/10/2022 (Guy, Alicia). [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER granting, on consent #15 Motion for Extension of Time to Answer re #1 Complaint. Ordered by Magistrate Judge Roanne L. Mann on 2/14/2022. (LK) [Transferred from New York Eastern on 5/25/2023.]
|
|
ORDER granting, on consent #14 Motion for Extension of Time to File Response/Reply re #14 MOTION for Extension of Time to File Response/Reply as to #1 Complaint. Ordered by Magistrate Judge Roanne L. Mann on 2/9/2022. (LK) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 15 MOTION for Extension of Time to File Answer re #1 Complaint by Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Centre County, PA. (Schwalm, David) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 13 SUMMONS Returned Executed by Dale Morgan. Pennsylvania State Police served on 12/16/2021, answer due 1/6/2022. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 12 SUMMONS Returned Executed by Dale Morgan. Centre County, PA served on 12/16/2021, answer due 1/6/2022. (Attachments: #1 Affidavit of Service) (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 11 AFFIDAVIT/AFFIRMATION Affidavit of Service on Centre County and PA State Police by Dale Morgan (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 10 SUMMONS Returned Executed by Dale Morgan. Michael D Brown served on 12/16/2021, answer due 1/6/2022. (Attachments: #1 Affidavit of Service) (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 9 NOTICE of Appearance by Alexander Thomas Korn on behalf of Michael D Brown, Commonwealth Of Pennsylvania, Pennsylvania State Police (aty to be noticed) (Korn, Alexander) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15264191. by Centre County, PA. (Attachments: #1 Affidavit, #2 Admission Information) (Schwalm, David) [Transferred from New York Eastern on 5/25/2023.] |
|
ORDER TO SHOW CAUSE In response to the Court's earlier Order to Show Cause (DE #6), plaintiff's counsel claimed that the defendants had been served on December 16, 2021 (DE #7); despite the absence of a showing of good cause to support the belated service, and without addressing the adequacy of the purported service, this Court, in its discretion, extended the deadline for service under FRCP 41(m), nunc pro tunc, to December 16, 2021. A review of the docket sheet reveals no activity since the Court's order of December 17, 2021: no response to the Complaint has been filed nor has plaintiff taken any action to pursue his claims in this case. Therefore, plaintiff is directed to show cause, via ECF, by February 10, 2022, why the complaint should not be dismissed with prejudice based on his persistent lack of prosecution in this case. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2022. (LK) Modified on 2/16/2022 to correct typo (Proujansky, Josh). [Transferred from New York Eastern on 5/25/2023.]
|
|
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2022. (LK) [Transferred from New York Eastern on 5/25/2023.]
|
|
ORDER granting #7 Motion for Extension of Time. Treating plaintiff's response (DE #7) to the Court's Order to Show Cause (DE#6) as a motion for an order to extend, nunc pro tunc, the deadline for serving defendants, the Court rules as follows: The Court has been provided with insufficient information with which to make a finding of good cause shown; among other things, the movant misapprehends Rule 4(m)'s window for service, which is 90 days, not (as plaintiff suggests) 120 days (DE #7 at 2). Nevertheless, as plaintiff purports to have effected service on December 16, 2021, the Court, in its discretion, extends the deadline, nunc pro tunc, to December 16, 2021. Ordered by Magistrate Judge Roanne L. Mann on 12/17/2021. (Proujansky, Josh) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 7 First MOTION for Order to Show Cause by Dale Morgan. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
|
Filing 6
ORDER TO SHOW CAUSE: Plaintiff is directed to show cause, via ECF, by December 22, 2021, why the case should not be dismissed for lack of prosecution, pursuant to Fed. R. Civ. P. 41(b), and for failure to effect timely service on defendants, pursuant to Fed. R. Civ. P. 4(m). Failure to comply with this Order may result in a recommendation that the case be dismissed with prejudice, and sanctions imposed on counsel. The Clerk is requested to send a copy of this Order via ECF to counsel for plaintiff, who shall promptly serve a copy on defendants and file proof of service. See attached. Ordered by Magistrate Judge Roanne L. Mann on 12/15/2021. (Proujansky, Josh) [Transferred from New York Eastern on 5/25/2023.]
|
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 3 Summons Issued as to Michael D Brown, Centre County, PA, Commonwealth Of Pennsylvania, Pennsylvania State Police. (Bowens, Priscilla) [Transferred from New York Eastern on 5/25/2023.] |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 5/25/2023.] |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint by Dale Morgan (Attachments: #1 Miscellaneous Case Cover Sheet, #2 Proposed Summons) (Russell, Camille) (Main Document 2 replaced on 8/20/2021) (Bowens, Priscilla). [Transferred from New York Eastern on 5/25/2023.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14751759, filed by DALE MORGAN. (Russell, Camille) [Transferred from New York Eastern on 5/25/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
