WEBER v. ERIE COUNTY et al
| RICHARD EDWARD WEBER |
| ERIE COUNTY, ERIE COUNTY PRISON, WARDEN BRYANT, MAJOR SYMOUR, LT BOLT, LT DEFRANCO, NURSE 1 BRIANNA MUSSINA, NURSE 2 JANE DOE, CO VOLTZSON, CO RAMBY, CO JOHN DOE 1, CO JOHN DOE 2, CO JOHN DOE 3, CO JOHN DOE 4, DW MICHAEL HOLMAN, CAPTAIN HERMAN, LT BENDER, LT STEVENS, RYAN VOLZ, ROBERT SAMLUK, MICHAEL BEGANICS, COREY GOSS, MEAGEN CARNEY and AMANDA MARIE MILLER |
| 1:2023cv00167 |
| June 8, 2023 |
| US District Court for the Western District of Pennsylvania |
| Richard A Lanzillo |
| Prisoner Civil Rights (Prison Condition) |
| 28 U.S.C. § 1441 cr Notice of Removal - Civil Rights |
| Both |
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 16 CORRECTIVE ENTRY re #14 Order Setting Response Deadlines. The incorrect caption order identifier is corrected on this document. (jbh) |
Filing 15
ORDER denying #5 Motion to preserve discovery; denying #6 Motion to Directly Mail documents and to Extend Time; denying as moot #9 Motion to Enforce; denying #12 Motion to Compel; denying #13 Motion to Provide Access to Video Footage. Signed by Chief Magistrate Judge Richard A. Lanzillo on August 2, 2023. (jbh)
|
|
Filing 14
ORDER. Defendants are granted leave to file a supplemental memorandum, including any supplemental materials, addressing any new allegations and/or claims contained in the Amended Complaint docketed at ECF No. 8. Defendants' supplemental response is due on or before August 24, 2023. Upon the filing of the supplemental response, a Response Order will issue, instructing the Plaintiff on how to respond and setting a deadline for doing so. Signed by Chief Magistrate Judge Richard A. Lanzillo on August 2, 2023. (jbh)
|
| Filing 13 MOTION to seek special order directed at SCI Camphill a non party by RICHARD EDWARD WEBER. (Attachments: #1 Envelope) (sdp) |
| Filing 12 MOTION to Compel REQUEST for documents upon defendants Erie County and Erie County Prison by RICHARD EDWARD WEBER. (sdp) |
|
Filing 11
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 August 16, 2023, each Party 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 appropriate form is included with this Order as a one-time courtesy to the Plaintiff. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 8/16/2023. Signed by Chief Magistrate Judge Richard A. Lanzillo on August 2, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
|
| Filing 10 CONCISE STATEMENT OF MATERIAL FACTS re #2 Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, by BOLT, BRYANT, DEFRANCO, ERIE COUNTY, ERIE COUNTY PRISON, HERMAN, RAMBY, SYMOUR, VOLTZSON. (Attachments: #1 Exhibit H) (Garcia, G.) |
| Filing 9 MOTION to Enforce Participation by RICHARD EDWARD WEBER. (Attachments: #1 Proposed Order, #2 Cover Letter, #3 Envelope) (kss) |
| Update Answer Deadline: Answer due from BOLT on 8/11/2023; BRYANT on 8/11/2023; DEFRANCO on 8/11/2023; ERIE COUNTY on 8/11/2023; ERIE COUNTY PRISON on 8/11/2023; SYMOUR on 8/11/2023; VOLTZSON on 8/11/2023 (keh) |
| Filing 8 AMENDED COMPLAINT against MICHAEL BEGANICS, BENDER, BOLT, BRYANT, MEAGEN CARNEY, DEFRANCO, ERIE COUNTY, ERIE COUNTY PRISON, COREY GOSS, HERMAN, MICHAEL HOLMAN, AMANDA MARIE MILLER, BRIANNA MUSSINA, ROBERT SAMLUK, STEVENS, SYMOUR, RYAN VOLZ, filed by RICHARD EDWARD WEBER. (Attachments: #1 Cover Letter, #2 Envelope) (cel) |
|
Filing 7
ORDER. A Telephonic Status Conference is hereby scheduled for August 2, 2023, beginning at 09:30 AM in Telephone Conference before Chief Magistrate Judge Richard A. Lanzillo. The Parties should be prepared to discuss the Plaintiff's pending motions to preserve discovery (ECF No. 5) and for an extension of time (ECF No. 6) during this telephone conference. Signed by Chief Magistrate Judge Richard A. Lanzillo on July 24, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
|
| Filing 6 MOTION to Extend Time and to Seek Order to Have Defendants Serve All Filings Already Filed by RICHARD EDWARD WEBER. (Attachments: #1 Exhibit A, #2 Envelope) (cel) |
| Filing 5 MOTION to Preserve Discovery Directed Upon Erie County Prison by RICHARD EDWARD WEBER. (Attachments: #1 Envelope) (cel) |
|
Filing 4
ORDER re #2 Motion to Dismiss for Failure to State a Claim, Motion for Summary Judgment, filed by ERIE COUNTY PRISON, ERIE COUNTY, RAMBY, SYMOUR, VOLTZSON, DEFRANCO, BRYANT, BOLT. Defendants have moved to dismiss the claims against them asserted in Plaintiff Richard Weber's (Plaintiff) Complaint. See ECF No. 2. In the alternative, the Defendants have moved for summary judgment. Id. However, the Defendants did not file a Concise Statement of Material Facts, as required by our Local Rule 56(B)(1). See, e.g., Mack v. Salameh, 2016 WL 878124, at *1 (W.D. Pa. Mar. 8, 2016) (noting the filing of a concise statement of material facts accompanying a motion to dismiss, or in the alternative, for summary judgment). Local Rules such as ours have been found "essential to the Courts resolution of a summary judgment motion due to its role in organizing evidence, identifying undisputed facts, and demonstrating precisely how each side proposed to prove a disputed fact with admissible evidence." Weitzner v. Sanofi Pasteur Inc., 909 F.3d 604, 613 (3d Cir. 2018) (citations omitted). See also Weimer v. County of Fayette, 2022 WL 28119025, at *10 (W.D. Pa. July 19, 2022) (The purpose of Local Rule 56(B)(1) is to aid the Court in deciding a motion for summary judgment by identifying material facts and supporting documentation to determine whether or not the fact is disputed) (citation omitted).Accordingly, the Defendants are hereby ordered to file a Concise Statement of Material Facts within fourteen days of this Order, or before Jul 31, 2023. The failure to do so will result in the motion being considered solely as motion to dismiss. See, e.g., Hicks v. Garrity, 2022 WL 4389115, at *4 n.2 (W.D. Pa. Aug. 25, 2022), report and recommendation adopted, 2022 WL 4386649 (W.D. Pa. Sept. 22, 2022) (noting Court would not consider alternative motion for summary judgment). Upon the filing of the Defendants Concise Statement, an order will issue concerning the format and deadline of the Plaintiffs responsive Concise Statement of Material Facts and Brief in Opposition to the motion. Signed by Chief Magistrate Judge Richard A. Lanzillo on July 14, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
|
| Filing 3 BRIEF in Support re #2 Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, filed by BOLT, BRYANT, DEFRANCO, ERIE COUNTY, ERIE COUNTY PRISON, RAMBY, SYMOUR, VOLTZSON. (Garcia, G.) |
| Filing 2 MOTION TO DISMISS Plaintiff's Complaint FOR FAILURE TO STATE A CLAIM re #1 Notice of Removal, MOTION for Summary Judgment by BOLT, BRYANT, DEFRANCO, ERIE COUNTY, ERIE COUNTY PRISON, RAMBY, SYMOUR, VOLTZSON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order) (Garcia, G.) Modified text on 7/14/2023. (cel) Modified text on 7/14/2023. (cel) |
| Filing 1 NOTICE OF REMOVAL from Erie County, case number 2023-10926 with Plaintiff Copies attached: Erie County docket Sheet, Notice to Defend, Erie County Sheriff's Return of Service, State Court Complaint (Filing fee, including Administrative fee, $402, receipt number APAWDC-7729603), filed by SYMOUR, ERIE COUNTY, RAMBY, BRYANT, ERIE COUNTY PRISON, DEFRANCO, VOLTZSON, BOLT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (bjw) |
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.
