O'HARA v. HANLEY et al
| DAVID O'HARA |
| JOREL HANLEY, CRAIG MILLER, CUMBERLAND TOWNSHIP, YVONNE SUPPOK, MARJORIE FOX, LINDA CHAMBERS, MICHAEL SCHLESINGER and GREENE COUNTY |
| 2:2008cv01393 |
| October 3, 2008 |
| US District Court for the Western District of Pennsylvania |
| Civil Rights: Other Office |
| Greene |
| Nora Barry Fischer |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on August 15, 2011. A more recent docket listing may be available from PACER.
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Filing 181
ORDER indicating that the Court having entered a Stipulation and Order of Dismissal With Prejudice (Document No. #180 ) in the above captioned matter on 8/15/11, it is hereby ordered that there being no further matters pending before this Court in this civil action, the above captioned matter is marked closed. Signed by Judge Nora Barry Fischer on 8/15/11. (jg)
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Filing 180
STIPULATION AND ORDER, that the above captioned matter is dismissed with prejudice. Notice by the Clerk is waived. Signed by Judge Nora Barry Fischer on 8/15/11. (jg)
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Filing 179
Minute Entry for proceedings held before Judge Nora Barry Fischer: Final Pretrial Conference held on 8/15/2011 indicating that the Court addressed pre-trial matters. First, the parties had no objections to the Voir Dire and Preliminary Instructions, as prepared by the Court. Second, the Court granted all pending Motions for Reconsideration ( #161 , #163 and #165 ) and then heard argument regarding Motions in Limine ( #134 and #138 ). The Court ordered Counsel to prepare proposed Court Orders and submit them to the Court, on said Motions, no later than 5:00 P.M. on 8/17/11. The Court took under consideration, Defendant's Motion #140 . As to remaining Motions ( #134 , #136 , #138 , #143 and #146 ), the Court's previous rulings stand. Third, the Court reviewed both parties' Witness Lists and proffers and heard objections. Fourth, the Court heard argument pertaining to the parties' disputed exhibits. Fifth, the Court heard argument on the parties' proposed points for charge and verdict slips. In light of same, The Court ordered Counsel to provide additional authority and support of their positions, by 8/17/11 at 5:00 P.M. Neither party requested the transcript, hence the Court did not Order same; Following the Pre-Trial Hearing Conference, the Court immediately held a Settlement Conference, with the consent of the parties and Counsel. At 6:00 P.M. the parties advised the Court that they had reached a Settlement Agreement. Before the Court, Counsel to the parties, outlined the terms and conditions of the Settlement Agreement and initialed same. Counsel signed a Stipulation of Dismissal. The Court will retain jurisdiction of the Settlement proceedings. In light of the Settlement, the Courts earlier Orders, on the record today, requiring submission of proposed Orders and authority, are rescinded. (Court Reporter: K. Earley) (jg)
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Filing 178
ORDER granting #177 Joint Motion for Extension of Time to File Joint Exhibit List; that the parties' Joint Exhibit List shall be due on 8/12/11 at 9:00 a.m. No further extensions will be granted. Signed by Judge Nora Barry Fischer on 8/12/11. (jg)
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Filing 177
Consent MOTION for Extension of Time to File Joint Exhibit List by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 176
Consent MOTION for Extension of Time to File Joint Exhibit List by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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ORDER granting #176 Consent Motion for Extension of Time (to Parties Joint Exhibit List); that the parties' Joint Exhibit List shall be due by 8/11/11 at 6:00 PM. Ordered by Judge Nora Barry Fischer on 8/11/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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NOTICE of Hearing: A Telephonic Status Conference is set for 8/12/2011 at 9:30 AM before Judge Nora Barry Fischer. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #173 Brief in Opposition to Motion. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ksa)
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Filing 175
STATUS REPORT Joint Status Report Regarding Settlement by DAVID O'HARA. (Sansone, Joel)
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Filing 174
PROPOSED VERDICT FORM by DAVID O'HARA. (Sansone, Joel)
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Filing 173
BRIEF in Opposition re #140 Motion in Limine to Preclude Claims of Sex Abuse, filed by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel) Modified on 8/10/2011 document linkage corrected. Document linked to document #140 . (ksa)
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Filing 172
STIPULATION of the Parties by JOREL HANLEY, DAVID O'HARA. (Merrick, Suzanne)
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Filing 171
Proposed Jury Instructions Proposed Joint Jury Instructions by DAVID O'HARA. (Sansone, Joel)
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Filing 170
Proposed Voir Dire by JOREL HANLEY. (Merrick, Suzanne)
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Filing 169
Proposed Voir Dire by DAVID O'HARA. (Sansone, Joel)
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Filing 168
Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Conference held on 8/9/2011 to answer Counsels' questions about the exhibit binders for trial. Counsel asked for clarification on the binders. This Court informed Counsel that any agreed-upon exhibits are to be placed in a joint exhibit binder. Any disputed exhibits are to be placed in binders marked Plaintiff's exhibits or Defendant's exhibits, respectively. Prior to trial, Counsel are to provide this Court with all exhibits, in hard copy and on disk. Prior to trial, Counsel are to create a chart outlining their objections to the exhibits. During trial, Counsel are to provide enough copies of the exhibits for the Judge, deputy clerk, law clerk and each juror. During trial, Counsel may present their exhibits on disk, however, Counsel must provide two sets of hard copies of the exhibits; one set for the deputy clerk, as well as one set for the jury room. After receiving this information, Counsel indicated that they did not have any additional questions. (Court Reporter: None) (jg)
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Filing 167
Minute Entry for proceedings held before Judge Nora Barry Fischer: Preliminary Pretrial Conference held on 8/8/2011 indicating that counsel orally requested nunc pro tunc leave to file Voir Dire. This Court granted nunc pro tunc leave to file Voir Dire no later than 8/9/11 at 5:00 P.M. (Court Reporter: None) (jg)
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Filing 166
BRIEF in Support re #165 Motion for Reconsideration, of Motion in Limine to Preclude Plaintiff from Introducing Claims of Sexual Abuse at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 165
MOTION for Reconsideration re #141 Brief in Support of Motion in Limine to Preclude Plaintiff from Introducing Evidence of Claims of Sexual Abuse by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne)
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Filing 164
BRIEF in Support re #163 Motion for Reconsideration, to Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 163
MOTION for Reconsideration re #135 Brief in Support of Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne)
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Filing 162
BRIEF in Support re #161 Motion for Reconsideration, to Motion in Limine to Exclude Deposition Testimony of Cumberland Township Police Officer George Lewis filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 161
MOTION for Reconsideration re #139 Brief in Support of Motion in Limine to Exclude Testimony of Cumberland Township Police Officer George Lewis by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne)
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ORDER Response/Briefing Schedule re Defendant JOREL HANLEY's Motions for Reconsideration ( #161 , #163 and #165 ): Plaintiff's Responses to said Motions are due by 8/9/2011 Ordered by Judge Nora Barry Fischer on 8/2/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 160
ORDER indicating that upon consideration of Defendant's Motions for Reconsideration (Docket Nos. #154 , #156 , #158 ), it is hereby ordered that said motions #154 , #156 , #158 are denied, as said Motions fail to comply with LCvR 7(d) in that none of said Motions were accompanied by a proposed Order of Court. Signed by Judge Nora Barry Fischer on 8/1/11. (jg)
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Filing 159
BRIEF in Support re #158 Motion for Reconsideration, of Defendant's Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 158
MOTION for Reconsideration of Defendant's #134 Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne) Modified to link to appropriate document on 8/1/2011. (jv)
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Filing 157
BRIEF in Support re #156 Motion for Reconsideration, of Motion in Limine to Exclude Testimony of Cumberland Township Police Officer George Lewis filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 156
MOTION for Reconsideration of #138 Motion in Limine to Exclude Testimony of Cumberland Township Police Officer George Lewis by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne) Modified to link to appropriate document on 8/1/2011. (jv)
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Filing 155
BRIEF in Support re #154 Motion for Reconsideration, of Motion in Limine to Preclude Plaintiff from Introducing Evidence of Claims of Sexual Abuse filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 154
MOTION for Reconsideration of #140 Motion in Limine to Preclude Plaintiff from Introducing Evidence of Claims of Sexual Abuse by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions, #2 Proposed Order) (Merrick, Suzanne) Modified to link to appropriate document on 8/1/2011. (jv)
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Filing 153
MOTION for Reconsideration of Defendant's Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial by JOREL HANLEY. (Merrick, Suzanne)
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Filing 152
MOTION for Reconsideration of Motion in Limine to Preclude Plaintiff from Introducing Evidence of Claims of Sexual Abuse by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions) (Merrick, Suzanne)
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Filing 151
MOTION for Reconsideration of Motion in Limine to Exclude Testimony of Cumberland Township Police Officer George Lewis by JOREL HANLEY. (Attachments: #1 Certification and Notice for Filing Pretrial Motions) (Merrick, Suzanne)
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ORDER denying Defendant's Motions for Reconsideration filed on 7/29/11 ( #151 , #152 , and #153 ), said Motions failing to comply with LCvR 7(d) in that none of said documents were accompanined by a proposed Order of Court. Ordered by Judge Nora Barry Fischer on 7/29/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 150
ORDER indicating that upon consideration of Plaintiff's In Limine Motion Regarding Statements Of Plaintiff's Daughter #146 , it is hereby ordered that said motion #146 is denied, Plaintiff having failed to timely file this Motion in accordance with this Court's 7/14/11 Order #132 , indicating that Motions in Limine were due on 7/25/11, and having failed to meet and confer with opposing counsel to reach agreement as to the substance of said motions and file a Motion in Limine Certificate as to same in violation of Local Rule 16.1.4(D).Signed by Judge Nora Barry Fischer on 7/27/11. (jg)
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Filing 149
ORDER indicating that upon consideration of Plaintiff's In #143 Limine Motion Regarding Statements Of Plaintiff's Ex-Wife, it is hereby ordered that said #143 motion is denied, Plaintiff having failed to timely file this Motion in accordance with this Court's 7/14/11 #132 Order, indicating that Motions in Limine were due on 7/25/11, and having failed to meet and confer with opposing counsel to reach agreement as to the substance of said motions and file a Motion in Limine Certificate as to same in violation of Local Rule 16.1.4(D). Signed by Judge Nora Barry Fischer on 7/26/11. (jg)
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Filing 148
ORDER indicating that, upon consideration of Defendant Hanley's Motion in Limine to Preclude Plaintiff from Introducing Any Evidence of Plaintiff's Good Character And/Or Reputation For Honesty At Trial #134 , Defendant Hanley's Motion in Limine to Preclude From Introducing Inadmissable Hearsay Testimony At Trial #136 , Defendant Hanley's Motion in Limine to Exclude Testimony Of Cumberland Township Police Officer George Lewis #138 , and Defendant Hanley's Motion in Limine to Preclude Plaintiff From Introducing Evidence of Claims Of Sexual Abuse #140 , it is hereby ordered that said motions #134 , #136 , #138 and #140 are denied, Defendant Hanley having failed to meet and confer with opposing counsel to reach agreement as to the substance of said motions and file a Motion in Limine Certificate as to same in violation of Local Rule 16.1.4(D). Signed by Judge Nora Barry Fischer on 7/26/11. (jg)
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Filing 147
BRIEF in Support re #146 Motion in Limine Regarding Statements of Plaintiff's Daughter filed by DAVID O'HARA. (Sansone, Joel)
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Filing 146
MOTION in Limine Regarding Statements of Plaintiff's Daughter by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 145
ORDER granting #142 Joint Motion for Extension of Time to File Proposed Jury Instructions, Verdict Slips and Joint Stipulations filed by JOREL ; HANLEY; that the parties Prposed Jury Insturctions, Verdict Slip, and Joint Stipulations shall be filed by 8/9/11 at 5:00 PM. The Preliminary Pretrial Conference with the Court's Law Clerk is set for 8/8/11 at 10:00 AM. That Conference remains as scheduled. Signed by Judge Nora Barry Fischer on 7/26/11. (jg)
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Filing 144
BRIEF in Support re #143 Motion in Limine Regarding Statements of Plaintiff's Ex-Wife filed by DAVID O'HARA. (Sansone, Joel)
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Filing 143
MOTION in Limine Regarding Statements by Plaintiff's Ex-Wife by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 142
Joint MOTION for Extension of Time to File Proposed Jury Instructions, Verdict Slips and Joint Stipulations by JOREL HANLEY. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 141
BRIEF in Support re #140 Motion in Limine to Preclude Plaintiff from Introducing Claims of Sexual Abuse at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 140
MOTION in Limine to Preclude Plaintiff from Introducing Evidence of Claims of Sexual Abuse by JOREL HANLEY. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 139
BRIEF in Support re #138 Motion in Limine to Exclude Deposition Testimony of Cumberland Townshi pPolice Officer George Lewis filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 138
MOTION in Limine to Exclude Testimony of Cumberland Township Police Officer George Lewis by JOREL HANLEY. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 137
BRIEF in Support re #136 Motion in Limine to Preclude Plaintiff from Introducing Inadmissible Hearsay Testimony at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 136
MOTION in Limine to Preclude Plaintiff from Introducing Inadmissible Hearsay Testimony at Trial by JOREL HANLEY. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 135
BRIEF in Support re #134 Motion in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial filed by JOREL HANLEY. (Merrick, Suzanne)
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Filing 134
MOTION in Limine to Preclude Plaintiff from Introducing any Evidence of Plaintiff's Good Character and or Reputation for Honesty at Trial by JOREL HANLEY. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 133
Witness List by JOREL HANLEY. (Merrick, Suzanne)
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Filing 132
ORDER granting #131 Consent Motion for Extension of Time to File the parties' Motions in Limine and responses thereto filed by DAVID O'HARA; that Motions in Limine are now due by 7/25/2011; Responses to Motions in Limine are now due by 8/4/2011. Signed by Judge Nora Barry Fischer on 7/14/11. (jg)
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Filing 131
Consent MOTION for Extension of Time to File the parties' Motions in Limine and responses thereto by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 130
Witness List by DAVID O'HARA. (Sansone, Joel)
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Filing 129
ORDER granting #128 Joint Motion for Extension of Time to File the Parties' Witness Lists filed by DAVID O'HARA; Plaintiff's witness list due by 7/6/2011; Defendant's Witness list due by 7/20/2011. Signed by Judge Nora Barry Fischer on 6/22/11. (jg)
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Filing 128
Joint MOTION for Extension of Time to File the Parties' Witness Lists by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 127
NOTICE of Service of Offer of Judgment Pursuant to Rule 68 of the Federal Rules of Civil Procedure by JOREL HANLEY (Attachments: #1 Exhibit A) (Merrick, Suzanne)
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Filing 126
ORDER granting #125 Consent Motion for Extension of Time to File the Parties' Witness Lists filed by DAVID O'HARA; that Plaintiff's witness list is now due by 6/2/2011; Defendant's Witness list is due by 6/17/2011. Signed by Judge Nora Barry Fischer on 5/18/11. (jg)
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Filing 125
Consent MOTION for Extension of Time to File the Parties' Witness Lists by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 124
PRETRIAL STATEMENT by JOREL HANLEY. (Merrick, Suzanne)
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Filing 123
PRETRIAL STATEMENT by DAVID O'HARA. (Sansone, Joel)
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Filing 122
Errata re 120 Pretrial Order: Reason for Correction: Document not signed. (jg)
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Filing 121
Minute Entry for proceedings held before Judge Nora Barry Fischer: Trial Scheduling Status Conference held on 4/18/2011 indicating that the Court having been informed that settlement discussions were unfruitful, set the trial date and all pretrial deadlines. An extensive discussion of trial procedures took place. A Pre Trial Order has been filed. (Court Reporter: None) (jg)
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Filing 119
ORDER granting #118 Motion for Extension of Time to File the Parties' Pretrial Statements filed by DAVID O'HARA; Plaintiff Pretrial Statement due by 4/29/2011; Defendant Hanley's Pretrial Statement due by 5/6/2011; that the Status Conference set for 4/18/11 at 9:30 a.m. shall remain scheduled. Signed by Judge Nora Barry Fischer on 4/8/11. (jg)
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Filing 118
MOTION for Extension of Time to File the Parties' Pretrial Statements by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 117
ORDER granting #116 Motion for Extension of Time to File Parties' Pretrial Statements filed by DAVID O'HARA; that Plaintiff's Pretrial Statement is now due by 4/8/2011; Defendant's (Hanley's) Pretrial Statement is now due by 4/15/2011; The Status Conference set for 4/18/11 at 9:30 a.m. will proceed as scheduled. Signed by Judge Nora Barry Fischer on 3/29/11. (jg) Modified on 3/29/2011. (jg, )
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Filing 116
MOTION for Extension of Time to File Parties' Pretrial Statements by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 115
ORDER indicating that the Court having granted Defendant Craig Millers Motion for Summary Judgment #65 , Judgment is entered in favor of Defendant Craig Miller and against Plaintiff David OHara as to all of Plaintiffs claims against Miller. Signed by Judge Nora Barry Fischer on 3/15/11. (jg)
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Filing 114
ORDER indicating that in accordance with the foregoing Memorandum Opinion filed contemporaneously herewith #113 , it is hereby ordered that Defendant Craig Miller's Motion for Summary Judgment #65 is granted and Defendant Jorel Hanley's Motion for Summary Judgment #65 is granted, in part, and denied, in part; that Plaintiff's claims against Miller are dismissed, with prejudice. An appropriate Judgment follows; that Plaintiff shall file his Pretrial Statement on or before 4/1/11 and Defendant Jorel Hanley shall file his Pretrial Statement on or before 4/15/11. A status conference to enter a Pretrial Order shall take place on 4/18/11 at 9:30 a.m. Signed by Judge Nora Barry Fischer on 3/15/11. (jg)
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Filing 113
MEMORANDUM OPINION indicating that upon consideration of the motions for summary judgment filed by Defendants Hanley and Miller. (Docket No. #65 ), for the reasons statted within, the Court grants the Miller motion and judgment is entered in his favor on all claims against him. The Court grants the Hanley motion, in part and denies the Hanley motion, in part (judgment is entered in favor of Miller and against Plaintiff on all claims against him; and summary judgment is granted in favor of Hanley on Plaintiff's state law claim of intentional infliction of emotional distress, but is denied on Plaintiff's 1983 claim) An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/15/11. (jg)
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Filing 112
ORDER indicating that the Court having granted Defendant Yvonne Suppok's Motion for Summary Judgment #83 , Judgment is entered in favor of Defendant Yvonne Suppok and against Plaintiff David O'Hara. Signed by Judge Nora Barry Fischer on 3/14/11. (jg) Modified on 3/15/2011. (jg, )
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Filing 111
ORDER indicating that in accordance with the foregoing Memorandum Opinion filed contemporaneously herewith #110 , it is hereby ordered that Defendant Yvonne Suppoks Motion for Summary Judgment #83 is granted. It is further ordered that Plaintiffs claims against Suppok are dismissed, with prejudice. An appropriate judgment follows. Signed by Judge Nora Barry Fischer on 3/14/11. (jg)
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Filing 110
MEMORANDUM OPINION indicating, that for reasons stated more fully within, Defendant Suppok's Motion for Summary Judgment (Docket No. #83 ) is granted. Judgment is entered in favor of Suppok and Plaintiffs claims against Suppok are dismissed, with prejudice. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/14/11. (jg)
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Filing 109
ORDER indicating that before the Court is the Suggestion of Death #80 advising the Court that Defendant Michael Schlesinger has died. No response to this document or motion to substitute the Estate of Michael Schlesinger (if any has been raised) as a party to this action has been filed by the Plaintiff or any other party. As of this date, more than 90 days have passed since the filing of the Suggestion of Death. F.R.C.P. 25(a)(1) states that if a motion for substitution of a party is not made within 90 days of the statement advising the parties of the death of a party then the action against the party must be dismissed. Lucey v. Fedex Ground Package Systems, Inc., 305 Fed. Appx. 875, 878-879, 2009 WL 51644 (3d Cir. 2009) Therefore, it is hereby ordered that all claims against Defendant Michael Schlesinger are dismissed, with prejudice. Signed by Judge Nora Barry Fischer on 11/19/10. (jg)
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Filing 108
ORDER REFERRING CASE to Mediation. Marshall Tindall, Esquire is appointed as mediator; that a Mediation Conference shall be held before Law Clerk Marshall Tindall, Esquire on 12/3/10 at 11:30 a.m. in Room 5260, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania; that by 11/29/10 at 5:00 p.m. the parties should submit brief confidential letters to Mr. Tindall detailing the relative strengths and weaknesses of their case, as well as their latest settlement positions including monetary amounts. The letters will not be filed with the Court nor shared with opposing counsel. Accordingly, candor is expected; that by 11/29/10 at 5:00 p.m., the parties shall each submit a proposed settlement agreement to Mr. Tindall. The proposed agreement will not be filed with the Court nor shared with opposing counsel. The letters and proposed agreements shall be faxed to Mr. Tindall at (412) 208-7487. Signed by Judge Nora Barry Fischer on 11/19/10. (jg)
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Filing 107
RESPONSE IN OPPOSITION to Defendants' (Hanley and Miller) Supplemental Brief to #101 Brief in Support of Motion, filed by DAVID O'HARA. (Sansone, Joel)
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Filing 106
ORDER indicating that upon consideration of Plaintiff's Motion for Extension of Time #105 , said Motion is granted and Plaintiff shall file his response to Defendants, Hanley and Miller's, supplemental brief in support of motion for summary judgment by 11/1/2010 at 5:00 p.m. Signed by Judge Nora Barry Fischer on 10/29/2010. (bdk)
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Filing 105
MOTION for Extension of Time to File Response/Reply as to #101 Brief in Support of Motion by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 104
SUPPLEMENTAL #58 BRIEF in Support of #57 Motion for Summary and Judgment SUPPLEMENTAL #85 BRIEF in support of #83 Motion for Summary Judgment filed by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Pollock, David) Modified to link to appropriate document on 10/29/2010. (jv)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #102 Exhibits in Support. ERROR: Wrong event selected. CORRECTION: Removed from public view and Re-docketed as #103 DEPOSITION (AFFIDAVIT) by YVONNE SUPPOK Affiant: Yvonne Suppok. This message is for informational purposes only. (jv)
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Filing 103
DEPOSITION (AFFIDAVIT) by YVONNE SUPPOK Affiant: Yvonne Suppok. (jv)
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Filing 102
EXHIBITS Complete Deposition Of Yvonne Suppok in Support by YVONNE SUPPOK. (Pollock, David) Modified to remove from public view and redocked as #103 DEPOSITION (AFFIDAVIT) by YVONNE SUPPOK Affiant: Yvonne Suppok on 10/13/2010 (jv).
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CLERK'S OFFICE QUALITY CONTROL MESSAGE ERROR: Wrong event selected. CORRECTION: Re-docketed as #101 SUPPLEMENTAL #66 BRIEF in Support re #65 Motion for Summary Judgment. This message is for informational purposes only. (jv)
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Filing 101
SUPPLEMENTAL #66 BRIEF in Support re #65 Motion for Summary Judgment filed by JOREL HANLEY, CRAIG MILLER. (Merrick, Suzanne) Modified to link to appropriate document on 10/12/2010 (jv).
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Filing 100
Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 9/30/10 (re #65 MOTION for Summary Judgment filed by CRAIG MILLER, JOREL HANLEY and #83 MOTION for Summary Judgment filed by YVONNE SUPPOK, MICHAEL SCHLESINGER) indicating that consideration of the factual matters presented to the Court and in light of two additional cases that the Court noted during oral argument, specifically, Reedy v. Evanson, 615 F.3d 197 (3d Cir. 2010) and Bates v. Harvey, 518 F.3d 1233 (11th Cir. 2008), the Court will permit the parties to submit additional briefing. The Court informed Ms. Suzanne Merrick, Esq. that she is to submit her reply brief by 10/8/10 at 5:00 p.m. Upon receipt of Ms. Merricks reply brief, Mr. Joel Sansone, Esq. is to inform the Court of whether he wishes to file an additional brief in response to said reply brief by 10/15/10 at 5:00 p.m. In light of Mr. David Pollock, Esq.s pre-paid vacation plans, the Court instructed Mr. Pollock to submit his reply brief by 10/29/10 at 5:00 p.m. Upon receipt of Mr. Pollocks reply brief, Mr. Sansone is to inform the Court of whether he wishes to file an addition brief in response to said reply brief by 11/5/10 at 5:00 p.m. Any additional briefs are not to exceed five (5) pages in length. Moreover, given counsels continuous reference to the deposition of Defendant Yvonne Suppok, the Court instructed Mr. Pollock to submit the entire deposition record of Defendant Yvonne Suppok by 10/12/10 at 5:00 p.m. The Court did not order a copy of the hearing transcript at this time. (Court Reporter: K. Earley) (jg) Modified on 10/1/2010. (jg, )
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Filing 99
Minute Entry for proceedings held before Judge Nora Barry Fischer indicating that a telephonic scheduling conference was held during which the Court sought to schedule a date for argument regarding Defendants' Motion for Summary Judgment (Docket No. #83 ); The attorneys and the Court discussed their availability; The Court re-scheduled the argument set for Thursday, September 30, 2010 at 11:00 a.m. to Thursday, September 30, 2010 at 5:15 p.m. (bdk)
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Filing 98
ORDER granting #97 MOTION to Continue Argument Hearing filed by CRAIG MILLER, JOREL HANLEY; that that Motion Hearing set for 9/28/10 at 2:30 PM (re #65 Motion for Summary Judgment filed by CRAIG MILLER, JOREL HANLEY and #83 Motion for Summary Judgment filed by YVONNE SUPPOK, MICHAEL SCHLESINGER) is re-set for 9/30/2010 at 11:00 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 9/22/10. (jg )
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Filing 97
MOTION to Continue Argument Hearing by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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ORDER Setting Hearing on Motions: #83 MOTION for Summary Judgment and #65 MOTION for Summary Judgment: Motion Hearing/Argument is set for 9/28/2010 at 2:30 PM in Courtroom 5B before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 9/8/10. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 96
RESPONSE to #77 Counter Statement of Facts, filed by JOREL HANLEY, CRAIG MILLER. (Galbraith, Karin)
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Filing 95
ORDER granting #94 MOTION for Extension of Time to File Response/Reply to Plaintiff's Counterstatement of Material Facts filed by CRAIG MILLER, JOREL HANLEY; that Defendants Jorel Hanley and Craig Miller shall be permitted to file, on or before 7/30/10, a Response to Plaintiff's Counterstatement of Facts (Document #77 ). Signed by Judge Nora Barry Fischer on 7/26/10. (jg)
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Filing 94
MOTION for Extension of Time to File Response/Reply to Plaintiff's Counterstatement of Material Facts by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Galbraith, Karin)
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Filing 93
REPLY to Response to Motion re #78 Brief in Opposition to Motion for Summary Judgment filed by JOREL HANLEY, CRAIG MILLER. (Galbraith, Karin)
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Filing 92
COUNTER STATEMENT OF FACTS #84 Concise Statement of Material Facts, by DAVID O'HARA. (Sansone, Joel)
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Filing 91
BRIEF in Opposition re #83 Motion for Summary Judgment filed by DAVID O'HARA. (Sansone, Joel)
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Filing 90
ORDER indicating that upon consideration of the Motion for Leave to File Reply Brief and for Extension of Time to File Response to Plaintiff's Counterstatement of Material Facts submitted on behalf of Defendants, Jorel Hanley and Craig Miller, it is hereby ordered that said motion is granted. Defendants Jorel Hanley and Craig Miller shall be permitted to file, on or before 7/23/10, a Reply Brief in response to Plaintiff's Brief in Opposition to Motion for Summary Judgment #78 , and a Response to Plaintiff's Counterstatement of Facts #77 . Signed by Judge Nora Barry Fischer on 7/6/10. (jg)
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Filing 89
MOTION for Leave to File Reply Brief and for Extension of Time to File Response to Plaintiff's Counterstatement of Facts by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Galbraith, Karin)
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Filing 88
ORDER granting #87 Motion for Extension of Time; that Plaintiff's response to Defendants, Suppok and Schlesinger's, Motion for Summary Judgment #83 shall now be due on the 7/9/10. Signed by Judge Nora Barry Fischer on 7/1/10. (jg) Modified on 7/1/2010. (jg, ) Modified on 7/2/2010. (jsp)
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Filing 87
MOTION for Extension of Time to File Response/Reply as to #83 MOTION for Summary Judgment by DAVID O'HARA. (Attachment: #1 Proposed Order) (Sansone, Joel) Modified on 7/2/2010. (jsp)
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Filing 86
SEALED DOCUMENT (Appendix in Support of #83 Motion for Summary Judment) by MICHAEL SCHLESINGER, YVONNE SUPPOK (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed), #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed), #6 Exhibit 6 (Sealed), #7 Exhibit 7 (Sealed), #8 Exhibit 8 (Sealed), #9 Exhibit 9 (Sealed), #10 Exhibit 10 (Sealed), #11 Exhibit 11 (Sealed), #12 Exhibit 12 (Sealed), #13 Exhibit 13 (Sealed), #14 Exhibit 14 (Sealed)) (jv)
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Filing 85
BRIEF in Support re #83 Motion for Summary Judgment filed by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Pollock, David)
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Filing 84
CONCISE STATEMENT OF MATERIAL FACTS re #83 Motion for Summary Judgment by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Pollock, David)
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Filing 83
MOTION for Summary Judgment by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Attachments: #1 Proposed Order) (Pollock, David)
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Filing 82
ORDER granting #81 Defendants Suppok and Schlesinger's Motion for Leave to File Summary Judgment Appendix Under Seal; Said Defendants shall be permitted to file their Summary Judgment Appendiz under seal, on or before 6/23/10. Signed by Judge Nora Barry Fischer on 6/21/10. (jg)
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Filing 81
MOTION for Leave to File Summary Judgment Appendix Under Seal by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Attachments: #1 Proposed Order) (Pollock, David)
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Filing 80
SUGGESTION OF DEATH as to Defendant Michael Schlesinger by MICHAEL SCHLESINGER. (Pollock, David)
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Filing 79
Appendix to #78 Brief in Opposition to Motion, #77 Counter Statement of Facts by DAVID O'HARA. (Attachments: #1 Exhibit A - Affidavit of David O'Hara, #2 Exhibit B - Affidavit of Rose D. Kennedy, #3 Exhibit C - Affidavit of Jon Kennedy, #4 Exhibit D - Affidavit of Joann O'Hara, #5 Exhibit E - Notes dated 11/1/06, #6 Exhibit F - Rights of Warning/Waiver, #7 Exhibit G - Notes dated 3/15/07, #8 Exhibit H - Preliminary Hearing Transcript excerpts, #9 Exhibit I - Forensic Interview Excerpts) (Sansone, Joel)
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Filing 78
BRIEF in Opposition re #65 Motion for Summary Judgment and Defendants' Brief in Support thereof filed by DAVID O'HARA. (Sansone, Joel)
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Filing 77
COUNTER STATEMENT OF FACTS #64 Concise Statement of Material Facts, by DAVID O'HARA. (Sansone, Joel)
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ORDER granting #76 Third Motion for Extension of Time to File Response/Reply as to #65 Motion for Summary Judgment filed by DAVID O'HARA; Plaintiff's Response to said Motion is due by 6/16/10. Ordered by Judge Nora Barry Fischer on 6/16/10. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 76
Third MOTION for Extension of Time to File Response/Reply as to #65 MOTION for Summary Judgment, #66 Brief in Support of Motion by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 75
ORDER granting #74 Second MOTION for Extension of Time; that Plaintiff's Response to Defendants' Hanley and Miller's Motion for Summary Judgment #65 is now due 6/15/10; that Pltf's Response to Defendants' Suppok and Schlesinger's (forthcoming) Motion for Summary Judgment shall now be due 7/1/10. Signed by Judge Nora Barry Fischer on 6/11/10. (jg)
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Filing 74
Second MOTION for Extension of Time to File Response/Reply as to #64 Concise Statement of Material Facts, #65 MOTION for Summary Judgment, #62 Brief in Support of Motion, #66 Brief in Support of Motion by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 73
AMENDED ORDER (amending Doc. No. #72 ) indicating that upon consideration of Plaintiff's Motion to Strike and For Sanctions #68 and the Defendants' Answer to Motion to Strike the Court hereby orders as follows. As to Plaintiff's Motion (Docket No. #68 ), said motion is granted without prejudice to Defendants Yvonne Suppok and Michael Schlesinger to refile their Motion for Summany Judgment (Docket No. 61 ) on or before June 23, 2010. Said Motion for Summary Judgment must be filed in accordance with Local Rule 5.2 redacting the names of all minors. Further, said Motion for Summary Judgment must satisfy the requirements of Local Rule 56 as well as the Practices and Procedures of this Court. As to Plaintiff's Motion for Sanctions (Docket No. #68 ) said motion is denied. Signed by Judge Nora Barry Fischer on 6/9/10. (jg)
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Filing 72
ORDER indicating that upon consideration of Plaintiff's Motion to Strike and For Sanctions #68 and the Defendants' Answer to Motion to Strike the Court hereby orders as follows: As to Plaintiff's Motion (Docket No. #68 ), said motion is granted without prejudice to Defendants Yvonne Suppok and Michael Schlesinger to refile their Motions for Summany Judgment (Docket Nos. 61 and #65 ) on or before June 23, 2010. Said Motions for Summary Judgment must be filed in accordance with Local Rule 5.2 redacting the names of all minors. Further, said Motions for Summary Judgment must satisfy the requirements of Local Rule 56 as well as the Practices and Procedures of this Court. As to Plaintiff's Motion for Sanctions (Docket No. #68 ) said motion is denied. Signed by Judge Nora Barry Fischer on 6/9/10. (jg)
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Filing 71
ORDER granting #70 Plaintiff's Motionfor Extension of Time to File Responses to Defendants' Motions for Summary Judgment (Document Nos. 61 and #65 ); that Plaintiff's Responses to said Motions are now due 6/11/10. Signed by Judge Nora Barry Fischer on 5/28/10. (jg)
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Filing 70
MOTION for Extension of Time to File Response/Reply as to #64 Concise Statement of Material Facts, 61 MOTION for Summary Judgment, #65 MOTION for Summary Judgment, #62 Brief in Support of Motion, #66 Brief in Support of Motion, #67 Sealed Document, by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 69
RESPONSE to Motion re #68 MOTION to Strike 61 MOTION for Summary Judgment, #62 Brief in Support of Motion, #58 Brief in Support of Motion, MOTION for Sanctions filed by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Pollock, David)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #68 Motion to Strike, Motion for Sanctions. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added Motion for Sanctions to existing Motion. This message is for informational purposes only. (jv)
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Filing 68
MOTION to Strike 61 MOTION for Summary Judgment, #62 Brief in Support of Motion, #58 Brief in Support of Motion, by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel). Added MOTION for Sanctions on 5/24/2010 (jv).
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ORDER Response/Briefing Schedule re #68 Plaintiff's Motion to Strike: Defendants Suppok & Schlesigner's Response to said Motion is due by 5/28/2010. Ordered by Judge Nora Barry Fischer on 5/21/10. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 67
SEALED DOCUMENT (Appendix to Defts' Motion for Summary Judgment) by JOREL HANLEY, CRAIG MILLER (Attachments: #1 Exhibit A (Sealed), #2 Exhibit B (Sealed), #3 Exhibit B Part 2 (Sealed), #4 Exhibit C (Sealed), #5 Exhibit D (Sealed), #6 Exhibit E (Sealed), #7 Exhibit F (Sealed), #8 Exhibit G (Sealed), #9 Exhibit H (Sealed), #10 Exhibit I (Sealed), #11 Exhibit J (Sealed)) (jv)
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Filing 66
BRIEF in Support re #65 Motion for Summary Judgment filed by JOREL HANLEY, CRAIG MILLER. (Galbraith, Karin)
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Filing 65
MOTION for Summary Judgment by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Galbraith, Karin)
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Filing 64
CONCISE STATEMENT OF MATERIAL FACTS re #65 MOTION for Summary Judgment by JOREL HANLEY, CRAIG MILLER. (Galbraith, Karin) Modified entry to link to appropriate document on 5/3/2010. (jv)
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Filing 63
MOTION for Leave to File Summary Judgment Appendix Under Seal by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Galbraith, Karin)
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ORDER granting #63 defendants' JOREL HANLEY AND CRAIG MILLER'S Motion for Leave to File to File Summary Judgment Appendix Under Seal; said Appendix shall be filed by no later than 5/3/10. Signed by Judge Nora Barry Fischer on 4/30/10. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 62
BRIEF in Support re 61 Motion for Summary Judgment filed by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Pollock, David)
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ORDER granting #60 MOTION for Extension of Time to File Motion for Summary Judgment filed by Defendants' CRAIG MILLER and JOREL HANLEY; that Defendants CRAIG MILLER and JOREL HANLEY shall filed their Motions for Summary Judgment by 4/30/10; that the deadline for the Plaintiff to respond to all Defendants' Motions for Summary Judgment is extended to 6/1/2010. Signed by Judge Nora Barry Fischer on 4/19/10. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 60
MOTION for Extension of Time to File Motion for Summary Judgment by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Galbraith, Karin)
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Filing 59
ORDER upon consideration of Defendants Suppok and Schlesinger's Motion for Summary Judgment and Brief in Support filed April 15, 2010 (Docket No. #57 and #58 ), which fail to comply with W.D. Pa. Local Rule 56 requiring separately filed concise statement of facts and appendix, it is hereby ordered that Defendants Suppok and Schlesinger's Motion #57 is denied, without prejudice. Defendants Suppok and Schlesinger shall re-file their motion for summary judgment in compliance with Local Rule 56 on or before April 30, 2010. Signed by Judge Nora Barry Fischer on 4/16/10. (jg)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #57 Motion for Summary Judgment. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order (as an attachment to the motion) for all future MOTIONS (like the one ordered on 4/16/2010). This message is for informational purposes only. (jv)
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Filing 58
BRIEF in Support re #57 Motion for Summary Judgment filed by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Pollock, David)
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Filing 57
MOTION for Summary Judgment by MICHAEL SCHLESINGER, YVONNE SUPPOK. (Pollock, David)
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Filing 56
ORDER indicating that the Court having held a telephonic post-fact discovery status conference this date #55 , it is hereby ordered that Defendants' motions for summary judgment are due by 4/16/10, and Plaintiff's responses to same are due by 5/17/10. The Court reminds the parties of the need for their compliance with Local Rule 56.1 and the requirements outlined therein relating to each parties statement of facts. Signed by Judge Nora Barry Fischer on 3/16/10. (jg)
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Filing 55
Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Post Fact Discovery Status Conference held on 3/16/2010 indicating that the Court inquired as to whether fact discovery has concluded. Counsel answered in the affirmative. Upon the Courts inquiry, counsel advised that the parties do not wish to go back to ADR. Counsel for Defendants indicated that they will be filing motions for summary judgment. Accordingly, the Court set down summary judgment deadlines. Defendants' motions for summary judgment shall be filed by April 16, 2010, and Plaintiff's responses are due May 17, 2010. If any party wishes to file a reply or sur-reply, they shall seek leave of Court to do so. An appropriate order follows. (Court Reporter: None) (jg)
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Filing 54
ORDER granting #53 MOTION to Continue Status Conference filed by DAVID O'HARA; that the (Telephonic Post Discovery) Status Conference set for 2/16/10 at 10:00 AM is re-set for 3/16/2010 at 9:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 2/16/10. (jg)
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Filing 53
MOTION to Continue Status Conference by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 52
ORDER granting #51 MOTION for Extension of Time to Complete Discovery filed by DAVID O'HARA; Discovery now ends 2/3/2010; the Post Fact Discovery Status Conference set for 1/19/10 at 4:30 PM is re-set for 2/16/2010 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/19/10. (jg)
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Filing 51
MOTION for Extension of Time to Complete Discovery by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 50
Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Conference held on 1/14/2010 initiated by Plaintiffs counsel and Defendants Suppok and Schlesingers counsel with the Court, during which Plaintiff advised the Court of the need for a Court order for Plaintiffs to take the depositions of three Cumberland Township CYS workers, which were scheduled to begin today, January 14, 2010 at 9:15 a.m. Plaintiffs counsel made an oral motion requesting leave to take said depositions, and having received no objection from Defendants counsel, the Court granted the motion. The Court advised the parties that if they wish to keep confidential certain of the CYS workers deposition testimony, they will need to file a motion with the Court. (Court Reporter: None) (jg)
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Filing 49
ORDER granting #48 MOTION for Extension of Time to Complete Discovery filed by DAVID O'HARA; Discovery ends 1/18/2010; The Telephonic Post Fact Discovery Status Conference set for 12/18/09 at 10:00 AM is re-set for 1/19/2010 at 4:30 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 12/18/09. (jg)
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Filing 48
MOTION for Extension of Time to Complete Discovery by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 47
ORDER granting #46 Motion for Extension of Time to Complete Discovery filed by CRAIG MILLER, JOREL HANLEY; Fact Discovery ends 12/17/2009; The Telephonic Post Fact Discovery Status Conference set for 12/7/09 at 5:00 PM is re-set for 12/18/2009 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 12/4/09. (jg)
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Filing 46
MOTION for Extension of Time to Complete Discovery by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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NOTICE of Hearing: The Telephonic Post Fact Discovery Status Conference set for 1/7/10 at 9:30 AM is re-set for 12/7/2009 at 5:00 PM before Judge Nora Barry Fischer. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)
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Filing 45
ORDER granting #44 MOTION for Extension of Time to Complete Discovery filed by DAVID O'HARA; Discovery now ends 12/7/2009; The Telephonic Post Discovery Status Conference set for 10/26/09 is re-set for 1/7/2010 at 9:30 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 10/6/09. (jg)
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Filing 44
MOTION for Extension of Time to Complete Discovery by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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NOTICE of Hearing: The telephonic post-fact discovery conference set for 10/22/09 at 4:30 p.m. is re-set for 10/26/09 at 8:30 a.m. before Judge Nora Barry Fischer. Text only entry. No PDF document will issue. This text only entry constitutes the Court's Order or Notice on the matter. (ccb)
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ORDER that the Telephonic Post Fact Discovery Status Conference set for 10/22/09 at 5:00 PM is re-set for 10/22/2009 4:30 PM before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 8/28/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Filing 43
REPORT of Early Neutral Evaluation: Case has not resolved. PATRICK SOREK terminated. Attorney Patrick Sorek terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 7/30/2009. (Sorek, Patrick)
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Filing 42
ANSWER and Affirmative Defenses to #16 Amended Complaint by YVONNE SUPPOK, MICHAEL SCHLESINGER. (Pollock, David) Modified on 7/28/2009. (jsp)
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Filing 41
ORDER granting #40 Motion to Excuse Defendants, Suppok and Schlesinger, from attendance at the ADR Session; that the Defendants, Suppok and Schlesinger, need not attend the Neutral Evaluation of July 20, 2009, in person, but must be available by telephonic communication. Signed by Judge Nora Barry Fischer on 7/14/09. (jg)
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Filing 40
MOTION Excuse Attendance at ADR Session by YVONNE SUPPOK, MICHAEL SCHLESINGER. (Attachments: #1 Proposed Order Excusing Attendance at ADR) (Pollock, David)
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Filing 39
ORDER indicating that upon consideration of Defendants Jorel Hanley and Craig Millers Motion to Excuse Claim Representative From Attending ADR Session #38 , and the Court having received Plaintiffs consent thereto this date, it is hereby ordered that said Motion #38 is granted. Defendants Hanley and Millers claim representative shall be available by telephone during the early neutral evaluation scheduled for July 30, 2009. Signed by Judge Nora Barry Fischer on 7/9/09. (jg)
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Filing 38
MOTION To Excuse Claim Representative From Attending ADR Session by JOREL HANLEY, CRAIG MILLER. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 37
ORDER, that in accordance with the foregoing Memorandum Opinion #36 filed contemporaneously herewith, it is hereby ORDERED that Defendants YvonneSuppok and Michael Schlesinger's Motion to Dismiss #18 Plaintiff's Amended Complaint #16 is GRANTED, in part, and DENIED, in part. It is GRANTED as to Plaintiff's claim for money damages under the Pennsylvania Constitution contained in Count III and as to Plaintiff's claims of abuse of process and wrongful use of civil process as contained in Counts IV and V of his Amended Complaint. The Motion is DENIED, without prejudice as to the remainder of Plaintiff's claims contained in Counts I, II, and VI. IT IS FURTHER ORDERED that Defendants Yvonne Suppok and Michael Schlesinger shall file their Answer to Plaintiff's Amended Complaint #16 on or before July 28, 2009. Signed by Judge Nora Barry Fischer on 7/8/09. (ccb)
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Filing 36
MEMORANDUM OPINION on Defendant Yvonne Suppok and Michael Schlesinger's Motion to Dismiss #18 Plaintiff's Amended Complaint #16 . For the reasons more fully discussed therein, Defendants Suppok and Schlesinger's Motion to Dismiss #18 is GRANTED, in part, and DENIED, in part. It is GRANTED as to Plaintiff's claim under the Pennsylvania Constitution as contained in Count III of the Amended Complaint and as to his claims for abuse of process and wrongful use of civil process as contained in Counts IV and V, respectively. It is DENIED to the extent that these Defendants seek dismissal of Counts I, II, and VI of Plaintiff's Amended Complaint #16 . An appropriate Order follows. Signed by Judge Nora Barry Fischer on 7/8/09. (ccb)
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Filing 35
Notice of Initial ADR Conference by JOREL HANLEY, CRAIG MILLER. Initial ADR Conference Date 07/30/09 9:30 a.m. Leech, Tishman, Fuscaldo & Lampl, LLC, 30th Fl. 525 William Penn Place, Pittsburgh, PA 15219 (Merrick, Suzanne)
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Filing 34
ORDER REFERRING CASE to Early Neutral Evaluation: Patrick Sorek, Esquire is appointed as an early neutral evaluator; The ADR conference(s) shall be concluded on or before 8/10/09 unless extended by order of the Court; Suzanne Merrick, Esquire is designated as lead counsel and shall be responsible for working with the parties and the neutral to coordinate an agreeable date, time and location for the initial ADR conference; It is the responsibility of lead counsel to insure that notice of the date, time and location of the ADR conference has been electronically filed with the Court on or before 6/30/09. The court shall be promptly notice of any rescheduled date for the scheduled conference. Signed by Judge Nora Barry Fischer on 6/8/09. (jg)
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Filing 33
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a) information due by 6/22/2009; Motions to Amend or Join are due by 7/22/2009; Fact Discovery ends 10/8/2009; A Post Fact Discovery Status Conference is set for 10/22/2009 at 5:00 PM before Judge Nora Barry Fischer, at which the Court will inquire as to the need for expert discovery and set summary judgment deadlines; details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 6/8/09. (jg)
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Filing 32
Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 6/8/2009. indicating that Court advised counsel of two summary judgment decisions out of the Western District of Pennsylvania that may have some bearing on the instant case. The parties, through counsel, advised the Court that they have chosen ENE as their ADR process with Pat Sorek, Esquire to serve as the neutral. Counsel for Defendants Hanley and Miller, Suzanne Merrick, Esquire, has agreed to be lead counsel for purposes of ADR. Appropriate case management and ADR orders to follow. (Court Reporter: None) (jg)
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Filing 31
NOTICE of Appearance of Kelly Scanlon Graham, Esquire on behalf of DAVID O'HARA. (jg)
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Filing 30
STIPULATION selecting ADR process by JOREL HANLEY, CRAIG MILLER (Merrick, Suzanne)
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Filing 29
REPORT of Rule 26(f) Planning Meeting. (Merrick, Suzanne)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Brief in Opposition to Motion. ERROR: Wrong event selected. CORRECTION: Re-docketed as #28 Response to Motion. This message is for informational purposes only. (plh)
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Filing 28
RESPONSE to Motion re #18 Motion to Dismiss filed by DAVID O'HARA. (plh)
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Filing 27
BRIEF in Opposition re #18 Motion to Dismiss filed by DAVID O'HARA. (Sansone, Joel) Modified on 5/19/2009. (plh) This document removed from public view and redocketed at Doc. #28 .
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Filing 26
ORDER granting #25 Plaintiff's Motion for Extension of Time to File Response to #18 MOTION to Dismiss re #16 Amended Complaint; Said Response to Motion is now due by 5/19/2009. Signed by Judge Nora Barry Fischer on 5/18/09. (jg)
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Filing 25
MOTION for Extension of Time to File Response/Reply as to #19 Brief in Support of Motion, #18 MOTION to Dismiss re #16 Amended Complaint by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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NOTICE of Hearing: The Case Management Conference set for 6/5/09 at is re-set for 6/8/2009 at 1:30 PM before Judge Nora Barry Fischer. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)
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Filing 24
MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 5/29/2009; A Case Management Conference is set for 6/5/2009 at 9:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 4/29/09. (Attachments: #1 Exhibit A, #2 Exhibit B) (jg)
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Filing 23
ORDER Response/Briefing Schedule re #18 Defendants' Suppok and Schlesinger's Motion to Dismiss Amended Complaint: Plaintiff's Response to said Motion is due by 5/15/2009. Signed by Judge Nora Barry Fischer on 4/29/09. (jg)
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Filing 22
Second MOTION for Extension of Time to File Response/Reply as to #19 Brief in Support of Motion, #18 MOTION to Dismiss re #16 Amended Complaint by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 21
ORDER granting #20 Plaintiff's Motion for Extension of Time to File Response as to #18 MOTION to Dismiss re #16 Amended Complaint; Plaintiff's Response to said Motion is now due by 4/30/2009. Signed by Judge Nora Barry Fischer on 4/14/09. (jg)
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Filing 20
MOTION for Extension of Time to File Response/Reply as to #19 Brief in Support of Motion, #18 MOTION to Dismiss re #16 Amended Complaint by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 19
BRIEF in Support re #18 Motion to Dismiss filed by YVONNE SUPPOK, MICHAEL SCHLESINGER. (Pollock, David)
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Filing 18
MOTION to Dismiss re #16 Amended Complaint by YVONNE SUPPOK, MICHAEL SCHLESINGER. (Pollock, David)
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Filing 17
ANSWER to #16 Amended Complaint With Affirmative Defenses by JOREL HANLEY, CRAIG MILLER. (Merrick, Suzanne)
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ORDER indicating that, as a function of the filing of Plaintiff's Amended Complaint #16 , #5 Motion to Dismiss and #8 Motion to Dismiss are terminated as moot. Ordered by Judge Nora Barry Fischer on 3/10/09. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)
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Defendants JOREL HANLEY, CRAIG MILLER, YVONNE SUPPOK and MICHAEL SCHLESINGER answer to Amended Complaint #16 are due 3/23/2009. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg )
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Filing 16
AMENDED COMPLAINT against JOREL HANLEY, CRAIG MILLER, YVONNE SUPPOK, MICHAEL SCHLESINGER, filed by DAVID O'HARA. (Sansone, Joel)
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Filing 15
BRIEF in Opposition re #8 Motion to Dismiss by Greene County Defendants filed by DAVID O'HARA. (Sansone, Joel)
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Filing 14
BRIEF in Opposition re #5 Motion to Dismiss by Cumberland Township Defendants filed by DAVID O'HARA. (Sansone, Joel)
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Filing 13
ORDER granting Plaintiff's #12 Motion for Extension of Time; that Plaintiff's Responses to re #5 Motion to Dismiss and #8 Motion to Dismiss are now due by 3/6/2009. Signed by Judge Nora Barry Fischer on 2/3/09. (jg)
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Filing 12
MOTION for Extension of Time to File Response/Reply as to #6 Brief in Support of Motion, #5 MOTION to Dismiss, #8 MOTION to Dismiss, #9 Brief in Support of Motion by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 11
ORDER granting #10 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss by Hanley, Miller and Cumberland County filed by DAVID O'HARA; that Plaintiff's Response to said Motion is now due by 2/2/2009. Signed by Judge Nora Barry Fischer on 1/15/09. (jg)
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Filing 10
MOTION for Extension of Time to File Response/Reply as to #6 Brief in Support of Motion, #5 MOTION to Dismiss by Hanley, Miller and Cumberland County by DAVID O'HARA. (Attachments: #1 Proposed Order) (Sansone, Joel)
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Filing 9
BRIEF in Support re #8 Motion to Dismiss filed by GREENE COUNTY, YVONNE SUPPOK, MARJORIE FOX, LINDA CHAMBERS, MICHAEL SCHLESINGER. (Pollock, David)
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Filing 8
MOTION to Dismiss by GREENE COUNTY, YVONNE SUPPOK, MARJORIE FOX, LINDA CHAMBERS, MICHAEL SCHLESINGER. (Attachments: #1 Proposed Order) (Pollock, David)
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Filing 7
ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 12/27/08. (jg)
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Filing 6
BRIEF in Support re #5 Motion to Dismiss filed by JOREL HANLEY, CRAIG MILLER, CUMBERLAND TOWNSHIP. (Merrick, Suzanne)
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Filing 5
MOTION to Dismiss by JOREL HANLEY, CRAIG MILLER, CUMBERLAND TOWNSHIP. (Attachments: #1 Proposed Order) (Merrick, Suzanne)
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Filing 4
NOTICE of Appearance by David F. Pollock on behalf of GREENE COUNTY, YVONNE SUPPOK, MARJORIE FOX, LINDA CHAMBERS, MICHAEL SCHLESINGER (Pollock, David)
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Filing 3
NOTICE of Appearance by Suzanne B. Merrick on behalf of JOREL HANLEY, CRAIG MILLER, CUMBERLAND TOWNSHIP (Merrick, Suzanne)
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Filing 2
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg, )
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Filing 1
COMPLAINT against GREENE COUNTY, JOREL HANLEY, CRAIG MILLER, CUMBERLAND TOWNSHIP, YVONNE SUPPOK, MARJORIE FOX, LINDA CHAMBERS, MICHAEL SCHLESINGER ( Filing fee $ 350 receipt number 1030775), filed by DAVID O'HARA. (Attachments: #1 Civil Cover Sheet) (jv)
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