KESSLER v. PENNSYLVANIA DEPT. OF CORRECTIONS et al

Plaintiff: DOUGLAS KESSLER
Defendant: PENNSYLVANIA DEPT. OF CORRECTIONS and MR. OBERLANDER
Case Number: 1:2019cv00275
Filed: September 24, 2019
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Susan Paradise Baxter
Referring Judge: Richard A Lanzillo
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 cr
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2019 Filing 16 BRIEF in Opposition re #10 Motion to Dismiss for Failure to State a Claim filed by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm)
November 19, 2019 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)
November 18, 2019 Filing 14 MOTION to Vacate #13 ORDER re Motion to Dismiss by DOUGLAS KESSLER. Motion referred to Richard A. Lanzillo. (Attachments: #1 Envelope) (jm)
November 6, 2019 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)
November 6, 2019 Filing 12 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm)
November 6, 2019 Case reassigned to Presiding Judge Susan Paradise Baxter and referred to Magistrate Judge Richard A. Lanzillo. (sdp)
November 5, 2019 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)
November 5, 2019 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Proposed Order) (Mazzocca, Timothy)
October 29, 2019 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)
October 29, 2019 Filing 8 NOTICE of Appearance by Timothy Mazzocca on behalf of OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Mazzocca, Timothy)
October 16, 2019 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)
October 15, 2019 Filing 6 MOTION for Discovery by DOUGLAS KESSLER. (Attachments: #1 Envelope) (jm)
October 8, 2019 Filing 5 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Mazzocca, Timothy)
October 7, 2019 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)
October 7, 2019 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)
September 25, 2019 Filing 2 MOTION for Extension of Time to File Answer by OBERLANDER, PENNSYLVANIA DEPT. OF CORRECTIONS. (Attachments: #1 Proposed Order) (Mazzocca, Timothy)
September 23, 2019 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)

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Plaintiff: DOUGLAS KESSLER
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Defendant: PENNSYLVANIA DEPT. OF CORRECTIONS
Represented By: Timothy Mazzocca
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Defendant: MR. OBERLANDER
Represented By: Timothy Mazzocca
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