KESSLER v. PENNSYLVANIA DEPT. OF CORRECTIONS et al
DOUGLAS KESSLER |
PENNSYLVANIA DEPT. OF CORRECTIONS and MR. OBERLANDER |
1:2019cv00275 |
September 24, 2019 |
US District Court for the Western District of Pennsylvania |
Susan Paradise Baxter |
Richard A Lanzillo |
Civil Rights: Other |
28 U.S.C. ยง 1441 cr |
Defendant |
Docket Report
This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 16 BRIEF in Opposition re #10 Motion to Dismiss for Failure to State a Claim filed by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm) |
Filing 15 ORDER denying #14 Motion to Vacate Response Scheduling Order(13)dated November 6, 2019. Plaintiff asserts that this court's scheduling order requiring Plaintiff to respond to Defendants' motion to dismiss his complaint should be vacated on the grounds that this court lacks jurisdiction over the matter. Because Plaintiff's complaint asserted federal constitutional claims, Defendants properly removed the action from state court to this court, and Defendants' motion is properly pending before this court. Plaintiff's motion also represents that he did not receive copies of Defendants' motion to dismiss and brief in support of the motion. As a one-time courtesy to the Plaintiff, and to expedite resolution of Defendants' pending motion, the Court is mailing copies of Defendants' motion, proposed Order, brief and exhibit to Plaintiff. Further, to accommodate Plaintiff's delay in receipt of Defendants' papers, the Court hereby grants a two-week extension of the deadline for Plaintiff to file his brief in opposition to the motion to dismiss. Plaintiff's brief in opposition is now due on December 20, 2019. Failure to file the brief by this extended deadline may result in the Court deciding Defendants' motion without a response from Plaintiff. Signed by Magistrate Judge Richard A. Lanzillo on 11/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lanzillo, Richard) |
Filing 14 MOTION to Vacate #13 ORDER re Motion to Dismiss by DOUGLAS KESSLER. Motion referred to Richard A. Lanzillo. (Attachments: #1 Envelope) (jm) |
Filing 13 ORDER Response/Briefing Schedule re #10 Motion to Dismiss for Failure to State a Claim. Brief in Opposition due by 12/6/2019. Signed by Magistrate Judge Richard A. Lanzillo on 11/6/2019. (dm) |
Filing 12 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm) |
Case reassigned to Presiding Judge Susan Paradise Baxter and referred to Magistrate Judge Richard A. Lanzillo. (sdp) |
Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim filed by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Exhibit) (Mazzocca, Timothy) |
Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Proposed Order) (Mazzocca, Timothy) |
Filing 9 WAIVER OF SERVICE Returned Executed by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. OBERLANDER waiver sent on 9/11/2019, answer due 11/12/2019; PENNSYLVANIA DEPT. OF CORRECTIONS waiver sent on 9/11/2019, answer due 11/12/2019. (Mazzocca, Timothy) |
Filing 8 NOTICE of Appearance by Timothy Mazzocca on behalf of OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Mazzocca, Timothy) |
Filing 7 ORDER denying #6 Plaintiff's Motion for Discovery. Because Defendants have not filed a response to the Complaint, the deadline for such response has not passed, and the Court has not issued a pretrial scheduling order for this case, service of discovery is premature. The Court will issue a pretrial scheduling order, including a discovery schedule, when this case reaches an appropriate procedural posture for discovery. Signed by Magistrate Judge Richard A. Lanzillo on October 16, 2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (zsb) |
Filing 6 MOTION for Discovery by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm) |
Filing 5 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Mazzocca, Timothy) |
Filing 4 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 10/21/2019, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. A copy of the form will be provided to Plaintiff with this Order. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 10/21/2019. Signed by Magistrate Judge Richard A. Lanzillo on 10/7/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) |
Filing 3 ORDER granting #2 Motion for Extension of Time to Answer. OBERLANDER answer due 11/12/2019; PENNSYLVANIA DEPT. OF CORRECTIONS answer due 11/12/2019. Signed by Magistrate Judge Richard A. Lanzillo on 10/7/2019. (dm) |
Filing 2 MOTION for Extension of Time to File Answer by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Proposed Order) (Mazzocca, Timothy) |
Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Forest County, case number CD-111-2019 (Filing fee, including Administrative fee, $400, receipt number 0315-5293880), filed by MR. OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint) (cjo) |
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 Western 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.