MUNCHINSKI v. SOLOMON et al
Plaintiff: DAVID MUNCHINSKI
Defendant: GERALD SOLOMON, RALPH WARMAN, JOHN A. KOPAS, III and DANA L. FAYOCK
Case Number: 2:2013cv01280
Filed: September 3, 2013
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Allegheny
Presiding Judge: David S Cercone
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Opinion or Order Filing 353 ORDER FOR STATISTICAL CLOSING: it appearing that a settlement has been reached as to all aspects of plaintiff's complaint and the only remaining matter is the submission of a stipulation for settlement and discontinuance; therefore, with no further action being required by the court at this time, the following order is entered: IT IS ORDERED that the Clerk of Court mark the above case closed. Signed by Judge David S. Cercone on 3/28/2022. (kly)
March 9, 2022 Opinion or Order Filing 352 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Video Mediation Conference held on 3/9/2022. (Court Reporter: Karen Earley) (et)
March 1, 2022 Opinion or Order Set/Reset Hearings: Judicial Mediation set for 3/9/2022 at 09:00 AM by Video Conference before Magistrate Judge Maureen P. Kelly. (et)
February 28, 2022 Opinion or Order Filing 351 ORDER granting #348 Motion for Extension of Time to File. The Parties may file supplemental jury instructions, proposed voir dire, proposed verdict forms, and joint stipulations on or before March 14, 2022. Signed by Judge David S. Cercone on 2/28/2022. (jmc)
February 25, 2022 Opinion or Order Filing 350 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Video Mediation Conference held on 2/25/2022. (Court Reporter: none) (et)
February 25, 2022 Opinion or Order Filing 349 ORDER scheduling a continuation of Judicial Mediation. Judicial Mediation is set for 3/9/2022 at 09:00 AM by Video Conference before Magistrate Judge Maureen P. Kelly. All parties are to have their representatives available. Signed by Magistrate Judge Maureen P. Kelly on 2/25/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
February 24, 2022 Opinion or Order Filing 348 Amended MOTION for Extension of Time to File Supplemental Jury Instructions, Proposed Voir Dire, Proposed Verdict Forms and Joint Stipulations by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
February 24, 2022 Opinion or Order Filing 347 Consent MOTION for Extension of Time to File Supplemental Jury Instructions, Proposed Voir Dire, Proposed Verdict Forms and Joint Stipulations by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
February 7, 2022 Opinion or Order Filing 346 RESPONSE to Motion re #329 MOTION for Sanctions for the Defendants' Spoliation of Evidence filed by DANA L. FAYOCK. (Bradley, Scott)
February 7, 2022 Opinion or Order Filing 345 RESPONSE to Motion re #328 MOTION in Limine #7 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
February 7, 2022 Opinion or Order Filing 344 RESPONSE to Motion re #327 MOTION in Limine #6 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
February 7, 2022 Opinion or Order Filing 343 RESPONSE to Motion re #326 MOTION in Limine #5 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
February 5, 2022 Opinion or Order Filing 342 RESPONSE to Motion re #316 MOTION in Limine to Preclude Plaintiff Offering Evidence that Defendants Failed to Produce Documents in the Sole Possession of the State Police Prior to 1991 filed by DAVID MUNCHINSKI. (Geary, Noah)
February 5, 2022 Opinion or Order Filing 341 RESPONSE to Motion re #314 MOTION in Limine to Preclude Plaintiff From Introducing Into Evidence the October 31, 1983 Order Issued by Judge Cicchetti filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Geary, Noah)
February 5, 2022 Opinion or Order Filing 340 RESPONSE IN OPPOSITION to #319 Brief in Support of Motion, filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit) (Geary, Noah)
February 4, 2022 Opinion or Order Filing 339 RESPONSE to Motion re #320 MOTION in Limine to Preclude Plaintiff from Introducing into Evidence Leon Scaglione's 1986 Trial Tesitmony filed by DAVID MUNCHINSKI. (Geary, Noah)
February 4, 2022 Opinion or Order Filing 338 RESPONSE to Motion re #322 MOTION in Limine to Preclude Plaintiff Offering Evidence Regarding Periods of Time when Defendants Solomon and Warman had No Personal Involvement in this Matter filed by DAVID MUNCHINSKI. (Geary, Noah)
February 4, 2022 Opinion or Order Filing 337 RESPONSE to Motion re #324 MOTION in Limine to Exclude Criminal Cases Not Involving Plaintiff filed by DAVID MUNCHINSKI. (Geary, Noah)
February 4, 2022 Opinion or Order Filing 336 RESPONSE to Motion re #314 MOTION in Limine to Preclude Plaintiff From Introducing Into Evidence the October 31, 1983 Order Issued by Judge Cicchetti filed by DAVID MUNCHINSKI. (Geary, Noah)
February 4, 2022 Opinion or Order Filing 335 BRIEF in Opposition re #327 Motion in Limine filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B) (Pellis, Thomas)
February 4, 2022 Opinion or Order Filing 334 NOTICE of Appearance by Alexander W. Brown on behalf of GERALD SOLOMON, RALPH WARMAN. (Brown, Alexander)
February 3, 2022 Opinion or Order Filing 333 BRIEF in Opposition re #329 Motion for Sanctions filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
February 3, 2022 Opinion or Order Filing 332 BRIEF in Opposition re #328 Motion in Limine filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
February 3, 2022 Opinion or Order Filing 331 BRIEF in Opposition re #326 Motion in Limine filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 31, 2022 Opinion or Order Filing 330 ORDER Response/Briefing Schedule re #329 Motion for Sanctions. Response to Motion due by 2/7/2022. Signed by Judge David S. Cercone on 1/31/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly)
January 31, 2022 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #329 Motion for Sanctions, #327 Motion in Limine, #326 Motion in Limine, #328 Motion in Limine. ERROR: Document (Motion and Memorandum of Law in Support) should have been filed as two separate documents. Attorney advised in future that documents of that nature are to be filed as separate documents. This message is for informational purposes only. (lyk)
January 29, 2022 Opinion or Order Filing 329 MOTION for Sanctions for the Defendants' Spoliation of Evidence by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 28, 2022 Opinion or Order Filing 328 MOTION in Limine #7 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 28, 2022 Opinion or Order Filing 327 MOTION in Limine #6 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 28, 2022 Opinion or Order Filing 326 MOTION in Limine #5 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 28, 2022 Opinion or Order Filing 325 BRIEF in Support re #324 Motion in Limine to Exclude Criminal Cases Not Involving Plaintiff filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 324 MOTION in Limine to Exclude Criminal Cases Not Involving Plaintiff by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 323 BRIEF in Support re #322 Motion in Limine, to Preclude Plaintiff Offering Evidence Regarding Periods of Time when Defendants Solomon and Warman had No Personal Involvement in this Matter filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 322 MOTION in Limine to Preclude Plaintiff Offering Evidence Regarding Periods of Time when Defendants Solomon and Warman had No Personal Involvement in this Matter by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 321 BRIEF in Support re #320 Motion in Limine to Preclude Plaintiff from Introducing Leon Scaglione's 1986 Trial Testimony filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 320 MOTION in Limine to Preclude Plaintiff from Introducing into Evidence Leon Scaglione's 1986 Trial Tesitmony by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 319 BRIEF in Support re #318 Motion in Limine to Preclude Plaintiff from Introducing into Evidence Hearsay Statements and Deposition Testimony of Richard Bowen filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 318 MOTION in Limine to Preclude Plaintiff from Introducing into Evidence Hearsay Statements and Deposition Testimony of Richard Bowen by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 317 BRIEF in Support re #316 Motion in Limine, to Preclude Plaintiff Offering Evidence that Defendants Failed to Produce Documents in the Sole Possession of the State Police Prior to 1991 filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 316 MOTION in Limine to Preclude Plaintiff Offering Evidence that Defendants Failed to Produce Documents in the Sole Possession of the State Police Prior to 1991 by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 315 BRIEF in Support re #314 Motion in Limine to Preclude Plaintiff from Introducing into Evidence the October 31, 1983 Order Issued by Judge Cicchetti filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
January 28, 2022 Opinion or Order Filing 314 MOTION in Limine to Preclude Plaintiff From Introducing Into Evidence the October 31, 1983 Order Issued by Judge Cicchetti by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
January 18, 2022 Opinion or Order Filing 313 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Status Conference held on 1/18/2022. Judicial Mediation set for 2/25/2022 and 2/28/2022 9:00 AM by Video Conference before Magistrate Judge Maureen P. Kelly. (Court Reporter: none) (et)
January 5, 2022 Opinion or Order Filing 311 ORDER scheduling a Telephonic Status Conference set for 1/18/2022 at 10:15 AM by Telephone Conference before Magistrate Judge Maureen P. Kelly. The purpose of this initial conference is to discuss with the Court the positions of the party relative to settlement and to set the date for the judicial mediation. Such mediation will take place via video conference. Signed by Magistrate Judge Maureen P. Kelly on 1/5/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)
January 5, 2022 Opinion or Order Filing 310 ORDER REFERRING CASE to Magistrate Judge. This matter matter is referred to Magistrate Judge Maureen P. Kelly for settlement proceedings only. Signed by Judge David S. Cercone on 1/5/2022. (jmc)
January 5, 2022 Opinion or Order Filing 309 ORDER - this case will be referred to judicial mediation. All parties shall fully participate in good faith in the Court's Judicial Mediation Program. Signed by Judge David S. Cercone on 1/5/2022. (jmc)
January 5, 2022 Opinion or Order Set/Reset Hearings: Jury Selection set for 3/28/2022 at 09:30 AM in Courtroom 7A before Judge David S. Cercone. Jury Trial set for at 3/28/2022 at 09:30 AM in Courtroom 7A before Judge David S. Cercone. (kly)
January 5, 2022 Opinion or Order CASE REFERRED to Magistrate Judge Maureen P. Kelly. (jmc)
December 17, 2021 Opinion or Order Filing 308 ORDER -Defendants' Motions for Reconsideration or in the Alternative for Continuance (ECF Nos. 302 and 304) are granted in part and denied in part. The motions seeking reconsideration of this Court's Order dated December 14, 2021, allowing Plaintiff's deposition to be taken for use at trial, is DENIED. The parties shall agree to a mutually agreeable time for such deposition. The motions requesting that the trial be continued are GRANTED. IT IS FURTHER ORDERED that the jury trial currently scheduled for January 10, 2022, shall be continued. Jury selection and trial is hereby set for Monday, March 28, 2022, at 9:30 a.m., Courtroom 7A, Seventh Floor, United States Post Office and Courthouse, 700 Grant Street, Pittsburgh, PA. The Parties may file additional motions in limine on or before January 28, 2022. Responses shall be filed on or before February 4, 2022. The Parties may file Supplemental Jury Instruction, proposed voir dire, and proposed verdict forms on or before February 25, 2022. Joint Stipulations shall be filed on or before March 4, 2022. Signed by Judge David S. Cercone on 12/17/2021. (jmc)
December 17, 2021 Opinion or Order Filing 307 Minute Entry for Telephonic Status Conference held before Judge David S. Cercone on 12/17/2021: The Court addressed the deposition issue with counsel and indicated that Plaintiffs deposition should be taken for use at trial, but agrees the timetable for such deposition is unfair to Defendants. The Court will therefore continue the trial until March 28, 2022 and extend the deadlines on the Courts Trial Management dated August 24, 2021 (ECF No. 232) by thirty (30) days. Order to follow. (Court Reporter: none) (jmc)
December 15, 2021 Opinion or Order Filing 306 ORDER - A Telephonic Conference with regard to the Defendants' Motions for Reconsideration with regard to the deposition issue is hereby set for 12/17/2021 at 12:00 PM before Judge David S. Cercone. Counsel have supplied their direct dial telephone numbers and the call will be initiated by the Court. Signed by Judge David S. Cercone on 12/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
December 14, 2021 Opinion or Order Filing 305 RESPONSE to Motion re #304 MOTION for Reconsideration re #301 Order on Motion for Leave to File,, filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
December 14, 2021 Opinion or Order Filing 304 MOTION for Reconsideration re #301 Order on Motion for Leave to File,, by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Bradley, Scott)
December 14, 2021 Opinion or Order Filing 303 RESPONSE to Motion re #302 MOTION for Reconsideration re #301 Order on Motion for Leave to File,, or, in the alternative, Motion to Continue Trial filed by DAVID MUNCHINSKI. (Geary, Noah)
December 14, 2021 Opinion or Order Filing 302 MOTION for Reconsideration re #301 Order on Motion for Leave to File,, or, in the alternative, Motion to Continue Trial by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
December 14, 2021 Opinion or Order Filing 301 ORDER granting #299 Motion for Leave to Take Plaintiffs Deposition for Use at Trial. The Plaintiffs deposition for use at trial shall be taken live in Attorney Gearys office in Washington PA, commencing Monday, December 27, 2021 and continue thereafter each day in the afternoon as the Plaintiffs health permits. If Plaintiffs counsels direct examination of the Plaintiff is conducted in six (6) hours or less, the Defendants shall have a combined nine (9) hours to cross-examine the Plaintiff. Any redirect or recross shall not exceed a combined three (3) hours. Signed by Judge David S. Cercone on 12/14/2021. (jmc)
December 14, 2021 Opinion or Order Filing 300 ORDER - upon consideration of the Motions in Limine filed herein, the responses thereto, in accordance with the Memorandum filed herewith,IT IS HEREBY ORDERED as follows: (1) Defendants' Motion in Limine to Preclude Testimony of William Moushey and/or Exclude Articles and Documents Written by William Moushey (ECF No. 233) is granted in part and denied in part. The motion to preclude the testimony of William Moushey is DENIED. The motion to exclude the newspaper articles and/or documents written by William Moushey regarding the prosecution and/or investigation of Plaintiff is GRANTED; (2) Defendants' Motion in Limine to Preclude the PCRA III Testimony of Judge Franks (ECF No. 235) is DENIED; (3) Defendants' Motion in Limine to Preclude Plaintiff from Offering Evidence of Tips and Leads Regarding the Involvement of Third Persons in the Murders (ECF No. 237) is DENIED without prejudice as set forth in the Court's Memorandum; (4) Defendants' Motion in Limine to Exclude Evidence contrary to the 1995 Decision of the Pennsylvania Superior Court (ECF No. 239) is DENIED; (5) Defendants' Motion in Limine to Preclude Plaintiff from Referring to Himself as Innocent or Exonerated (ECF No. 241) is granted in part and denied in part. The motion to exclude references to Munchinski being "exonerated" is GRANTED; the motion to preclude Munchinski from referring to himself as "innocent" is DENIED; (6) Defendants' Motion in Limine to Preclude the Admission of Federal Court Decisions Granting Plaintiff Habeas Corpus Relief (ECF No. 243) is GRANTED as set forth in the Court's Memorandum; (7) Defendants' Motion in Limine to Preclude Plaintiff from Offering Evidence of the Alleged Tape Recordings of the 1982 Bowen Interview (ECF No. 245) is DENIED; (8) Defendants' Motion in Limine to Preclude the Admission of the PCRA Opinion Authored by Judge Feudale (ECF No. 247) is GRANTED; (9) Defendants' Motion in Limine to Confine the Plaintiff's Evidence at Trial to the Record Presented to the Jury in 1986 and the Alleged Exculpatory Evidence (ECF No. 249) is DENIED; (10) Defendants' Motion in Limine Based on Full Faith and Credit, Issue and Claim Preclusion, and the Rooker-Feldman Doctrine (ECF No. 251) is DENIED; (11) Defendants' Motion in Limine Re Prejudice to Defendants Caused by the Passage of Time (ECF No. 253) is DENIED; (12) Plaintiff's Motion in Limine #1 (ECF No. 255) is DENIED; (13) Plaintiff's Motion in Limine #2 (ECF No. 256) is DENIED; (14) Plaintiff's Motion in Limine #3 (ECF No. 257) is GRANTED as set forth in the Court's Memorandum; and (15) Plaintiff's Motion in Limine #4 (ECF No. 258) is GRANTED. Signed by Judge David S. Cercone on 12/14/2021. (jmc)
December 13, 2021 Opinion or Order Filing 299 MOTION for Leave to File to take deposition for use at trial of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
December 13, 2021 Opinion or Order Filing 298 ORDER granting #297 Motion for Extension of Time to File Proposed Verdict Slip. Proposed Verdict Slip shall be filed on or before 12/17/2021. Signed by Judge David S. Cercone on 12/13/2021. (kly)
December 10, 2021 Opinion or Order Filing 297 MOTION for Extension of Time to File the Proposed Verdict Slip by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
December 6, 2021 Opinion or Order Filing 296 ORDER granting #295 Motion for Extension of Time to File Proposed Jury Instructions and Voir Dire. Signed by Judge David S. Cercone on 12/6/2021. (kly)
December 3, 2021 Opinion or Order Filing 295 Consent MOTION for Extension of Time to File Proposed Jury Instructions and Voir Dire by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
December 3, 2021 Opinion or Order Filing 294 Proposed Voir Dire by DANA L. FAYOCK. (Bradley, Scott)
December 3, 2021 Opinion or Order Filing 293 Proposed Jury Instructions by DANA L. FAYOCK. (Bradley, Scott)
December 3, 2021 Opinion or Order Filing 292 Proposed Voir Dire by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
December 3, 2021 Opinion or Order Filing 291 Proposed Jury Instructions by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 22, 2021 Opinion or Order Filing 290 NOTICE of Appearance by Justin A. Gayle on behalf of DANA L. FAYOCK. (Gayle, Justin)
November 15, 2021 Opinion or Order Filing 289 Exhibit List by DANA L. FAYOCK. (Bradley, Scott)
November 15, 2021 Opinion or Order Filing 288 DESIGNATION of Deposition Excerpts to be offered at trial by DANA L. FAYOCK. (Bradley, Scott)
November 15, 2021 Opinion or Order Filing 287 Witness List by DANA L. FAYOCK. (Bradley, Scott)
November 10, 2021 Opinion or Order Filing 286 DESIGNATION of Deposition Excerpts to be offered at trial by DAVID MUNCHINSKI. (Geary, Noah)
November 9, 2021 Opinion or Order Filing 285 ORDER granting #283 Motion for Extension of Time to File Designation of deposition excerpts. Designations shall be filed on or before 11/10/2021. Signed by Judge David S. Cercone on 11/9/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
November 9, 2021 Opinion or Order Filing 284 ORDER granting #279 Motion for Extension of Time to File witness and exhibit list. Witness and Exhibit List due by 11/15/2021; Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
November 8, 2021 Opinion or Order Filing 283 MOTION for Extension of Time to File DEPOSITION EXCERPTS of 2 DAYS by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
November 8, 2021 Opinion or Order Filing 282 DESIGNATION of Deposition Excerpts to be offered at trial by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 8, 2021 Opinion or Order Filing 281 Exhibit List by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 8, 2021 Opinion or Order Filing 280 Witness List by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 8, 2021 Opinion or Order Filing 279 MOTION for Extension of Time to File Witness List, Exhibit List, et al. by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Bradley, Scott)
November 1, 2021 Opinion or Order Filing 278 Exhibit List by DAVID MUNCHINSKI. (Geary, Noah)
November 1, 2021 Opinion or Order Filing 277 Witness List by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 276 BRIEF in Opposition re #253 Motion in Limine filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 275 BRIEF in Opposition re #251 Motion in Limine filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 274 BRIEF in Opposition re #249 Motion in Limine filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 273 BRIEF in Opposition re #245 Motion in Limine re: tape-recorded Bowen statement filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 272 BRIEF in Opposition re #247 Motion in Limine, #243 Motion in Limine re: Federal Decisions and decision of Judge Feudale filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 271 BRIEF in Opposition re #241 Motion in Limine re: Innocent or Exonerated filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 270 BRIEF in Opposition re #239 Motion in Limine filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 269 BRIEF in Opposition re #237 Motion in Limine of Defendants re: Tips and Leads filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 268 BRIEF in Opposition re #235 Motion in Limine of Defendants re: Former Testimony of Judge Franks filed by DAVID MUNCHINSKI. (Geary, Noah)
October 15, 2021 Opinion or Order Filing 267 BRIEF in Opposition re #233 Motion in Limine of Defendants re: William Moushey filed by DAVID MUNCHINSKI. (Geary, Noah)
October 12, 2021 Opinion or Order Filing 266 RESPONSE to Motion re #258 MOTION in Limine #4 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
October 12, 2021 Opinion or Order Filing 265 RESPONSE to Motion re #257 MOTION in Limine #3 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
October 12, 2021 Opinion or Order Filing 264 RESPONSE to Motion re #256 MOTION in Limine #2 of the Plaintiff filed by DANA L. FAYOCK. (Bradley, Scott)
October 12, 2021 Opinion or Order Filing 263 RESPONSE to Motion re #255 MOTION in Limine Plaintiff's #1 filed by DANA L. FAYOCK. (Bradley, Scott)
October 11, 2021 Opinion or Order Filing 262 RESPONSE IN OPPOSITION to Plaintiff's Motion in Limine to Preclude Evidence of Plaintiff's Criminal History to #258 Motion in Limine, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 11, 2021 Opinion or Order Filing 261 RESPONSE IN OPPOSITION to Plaintiff's Motion in Limine Regarding Admission of Evidence Under Federal Rule of Evidence 404(B) to #257 Motion in Limine, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 11, 2021 Opinion or Order Filing 260 RESPONSE IN OPPOSITION to Plaintiff's Motion in Limine to Preclude Admission of a File Relevant to the Documents Produced in PCRA I to #256 Motion in Limine 2, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 11, 2021 Opinion or Order Filing 259 RESPONSE to Motion re #255 MOTION in Limine Plaintiff's #1 filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 258 MOTION in Limine #4 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
October 1, 2021 Opinion or Order Filing 257 MOTION in Limine #3 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
October 1, 2021 Opinion or Order Filing 256 MOTION in Limine #2 of the Plaintiff by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
October 1, 2021 Opinion or Order Filing 255 MOTION in Limine Plaintiff's #1 by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
October 1, 2021 Opinion or Order Filing 254 BRIEF in Support re #253 Motion in Limine Re Prejudice to Defendants Caused by the Passage of Time filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 253 MOTION in Limine Re Prejudice to Defendants Caused by the Passage of Time by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 252 BRIEF in Support re #251 Motion in Limine Based on Full Faith and Credit, Issue and Claim Preclusion, and the Rooker-Feldman Doctrine filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 251 MOTION in Limine based on Full Faith and Credit, Issue and Claim Preclusion, and the Rooker-Feldman Doctrine by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 250 BRIEF in Support re #249 Motion in Limine to Confine the Plaintiff's Evidence at Trial to the Record Presented to the Jury in 1986 and the Alleged Exculpatory Evidence filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 249 MOTION in Limine to Confine the Plaintiff's Evidence at Trial to the Record Presented to the Jury in 1986 and the Alleged Exculpatory Evidence by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 248 BRIEF in Support re #247 Motion in Limine to Preclude the Admission of the PCRA Opinion Authored by Judge Feudale filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 247 MOTION in Limine to Preclude the Admission of the PCRA Opinion Authored by Judge Feudale by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 246 BRIEF in Support re #245 Motion in Limine to Preclude Plaintiff from Offering Evidence of the Alleged Tape Recordings of the 1982 Bowen Interview filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 245 MOTION in Limine to Preclude Plaintiff from Offering Evidence of the Alleged Tape Recordings of the 1982 Bowen Interview by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 244 BRIEF in Support re #243 Motion in Limine to Preclude the Admission of Federal Court Decisions Granting Plaintiff Habeas Corpus Relief filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 243 MOTION in Limine to Preclude the Admission of Federal Court Decisions Granting Plaintiff Habeas Corpus Relief by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 242 BRIEF in Support re #241 Motion in Limine to Preclude Plaintiff from Referring to Himself as Innocent or Exonerated filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 241 MOTION in Limine to Preclude Plaintiff from Referencing to Himself as Innocent or Exonerated by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 240 BRIEF in Support re #239 Motion in Limine to Exclude Evidence Contrary to the Findings and Conclusions in the 1995 Decision of the Pennsylvania Superior Court filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 239 MOTION in Limine to Exclude Evidence Contrary to the Findings and Conclusions in the 1995 Decision of the Pennsylvania Superior Court by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 238 BRIEF in Support re #237 Motion in Limine to Preclude Plaintiff from Offering Evidence of Tips and Leads Regarding the Involvement of Third Persons in the Murders filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 237 MOTION in Limine to Preclude Plaintiff from Offering Evidence of Tips and Leads Regarding the Involvement of Third Persons in the Murders by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 236 BRIEF in Support re #235 Motion in Limine to Preclude Plaintiff from Offering the PCRA III Testimony of Judge Franks as Evidence filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 235 MOTION in Limine to Preclude Plaintiff from Offering the PCRA III Testimony of Judge Franks as Evidence by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 234 BRIEF in Support re #233 Motion in Limine to Preclude the Testimony of William Moushey and Exclude Articles and Documents Written by William Moushey from Evidence filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 1, 2021 Opinion or Order Filing 233 MOTION in Limine to Preclude the Testimony of William Moushey and Exclude Articles and Documents Written by William Moushey from Evidence by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
August 24, 2021 Opinion or Order Filing 232 TRIAL MANAGEMENT ORDER: (1) Jury selection and trial is hereby set for Monday, January 10, 2022, at 9:30 a.m., Courtroom 7A, Seventh Floor, United States Post Office and Courthouse, 700 Grant Street, Pittsburgh, PA.; (2) Plaintiff's witness and exhibit list due by 11/1/2021; (3) Defendant's witness and exhibit list due by 11/8/2021; (4) Designation of discovery excerpts due by 11/8/2021; (5) Motions in Limine due by 10/1/2021; (6) Responses to Motions in Limine due by 10/15/2021; (7) Proposed Voir Dire by 12/3/2021; (8) Proposed Jury Instructions due by 12/3/2021; (9) Objections to Jury Instructions due by 12/10/2021; (10) Proposed Verdict Slips due by 12/10/2021; and (11) Stipulation due by 12/17/2021. Signed by Judge David S. Cercone on 8/24/21. (jmc)
June 3, 2021 Opinion or Order Filing 231 ORDER denying #230 Motion for a Trial Denovo. A jury trial will be scheduled in due course and comply with the Court's COVID 19 protocols.Signed by Judge David S. Cercone on 6/3/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
June 2, 2021 Opinion or Order Filing 230 MOTION for a Trial de novo DATE CERTAIN FOR JURY TRIAL by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
April 22, 2021 Opinion or Order Filing 229 ORDER of USCA as to #226 Notice of Appeal filed by DAVID MUNCHINSKI dismissing appeal for lack of jurisdiction (sb3c) Modified on 4/23/2021 (cel).
April 22, 2021 Opinion or Order Filing 228 ORDER of USCA as to #211 Notice of Appeal Denying mandamus petition filed by DAVID MUNCHINSKI (sb3c) Modified on 4/23/2021 (cel).
November 9, 2020 Opinion or Order Filing 227 USCA Case Number 20-3265 for #226 Notice of Appeal, filed by DAVID MUNCHINSKI. USCA Case Manager Stephanie (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (sb3c)
November 4, 2020 Opinion or Order Filing 226 NOTICE OF APPEAL as to #224 Order on Motion to Certify Class by DAVID MUNCHINSKI. Filing fee $505, receipt number APAWDC-6056355. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Geary, Noah)
October 7, 2020 Opinion or Order Filing 225 Minute Entry for Telephone Status Conference held before Judge David S. Cercone on 10/7/2020: Parties informed of significant backlogs of the Courts docket and civil trials will not be scheduled for some time. The parties had an Early Neutral Evaluation before Robert J. Cindrich, Esquire on 9/22/2020. The parties were unable to reach a resolution, but indicated they may be willing to return to private mediation before Judge Cindrich. Within 14 days, Counsel will inform the Court if their clients are willing return to mediation. (Court Reporter: none) (jmc)
October 5, 2020 Opinion or Order Filing 224 ORDER denying #214 Plaintiff's Nunc Pro Tunc Motion Requesting the Court Certify as Appealable the Order Denying the Reinstatement of Prosecutor John Kopas as a Defendant. Signed by Judge David S. Cercone on 10/5/2020. (jmc)
September 21, 2020 Opinion or Order Filing 223 ORDER - a telephonic status conference previously scheduled for October 8, 2020 @ 11:00 am, is rescheduled for Wednesday, October 7, 2020 at 1:00 pm. All counsel who will be attending the conference shall email their direct dial telephone number to james_catanzarite@pawd.uscourts.gov on or before October 2, 2020. The Court will initiate the telephone call. Signed by Judge David S. Cercone on 9/21/20. (jmc)
September 21, 2020 Opinion or Order Filing 222 ORDER - a telephonic status conference shall be held before Judge David S. Cercone on Thursday, October 8, 2020 @ 11:00 am. All counsel who will be attending the conference shall email their direct dial telephone number to james_catanzarite@pawd.uscourts.gov on or before September 25, 2020. The Court will initiate the telephone call. Signed by Judge David S. Cercone on 9/21/2020. (jmc)
September 15, 2020 Opinion or Order Filing 221 BRIEF in Opposition re #214 Motion to Certify Class filed by JOHN A. KOPAS, III. (Whalen, Holly)
September 15, 2020 Opinion or Order Filing 220 RESPONSE to Motion re #214 MOTION to Certify Class NUNC PRO TUNC filed by DANA L. FAYOCK. (Bradley, Scott)
September 15, 2020 Opinion or Order Filing 219 NOTICE of Appearance by Holly M. Whalen on behalf of JOHN A. KOPAS, III. (Whalen, Holly)
September 11, 2020 Opinion or Order Filing 218 RESPONSE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO CERTIFY AS APPEALABLE THE ORDERS DENYING THE REINSTATEMENT OF JOHN KOPAS AS A DEFENDANT to 215 Response/Briefing Schedule,, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
September 8, 2020 Opinion or Order Filing 217 BRIEF in Support re #214 Motion to Certify Class to CERTIFY pursuant to Rule 54(b) filed by DAVID MUNCHINSKI. (Geary, Noah)
September 1, 2020 Opinion or Order Filing 216 Notice of ADR proceeding: The litigants are advised that at the conclusion of the ADR process they must submit a completed questionnaire to the Clerk of Courts. The questionnaire is available on the Court's website at www.pawd.uscourts.gov and click on the ADR icon. Early Neutral Evaluation set for 9/22/2020 10:00 AM. (Geary, Noah)
September 1, 2020 Opinion or Order Filing 215 ORDER - Response/Briefing Schedule re #214 Motion Nunc Pro Tunc to Certify Order as Appealable- Brief in Support due by 9/8/2020; Brief in Opposition due by 9/15/2020. Signed by Judge David S. Cercone on 9/1/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
August 31, 2020 Opinion or Order Filing 214 MOTION to Certify Class NUNC PRO TUNC by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Geary, Noah)
August 18, 2020 Opinion or Order Filing 213 USCA Case Number 20-2670 for #211 Notice of Appeal filed by DAVID MUNCHINSKI. USCA Case Manager Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr3)
August 18, 2020 Opinion or Order Filing 212 ORDER REFERRING CASE to Early Neutral Evaluation. Robert J. Cindrich, Esquire is appointed as an evaluator. ENE conference shall be conducted by 10/19/20. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Noah Geary, Esquire is designated as lead counsel. Evaluator ROBERT J. CINDRICH is added. Signed by Judge David S. Cercone on 8/18/20. (kak)
August 13, 2020 Opinion or Order Filing 211 NOTICE OF APPEAL as to 205 Order on Motion for Reconsideration, #198 Memorandum Opinion Order by DAVID MUNCHINSKI. Filing fee $505, receipt number APAWDC-5834263. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Geary, Noah) Modified on 8/17/2020 (cel).
August 6, 2020 Opinion or Order Filing 210 STIPULATION selecting ADR process by DAVID MUNCHINSKI. (Geary, Noah)
July 26, 2020 Opinion or Order Filing 209 CORRECTIVE ENTRY re 208 Order on Motion to Continue, ORDER denying 207 Motion to Continue. ADR stipulation to be filed forthwith. ADR to be held as Ordered. Signed by Judge David S. Cercone on 7/25/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) (jmc)
July 25, 2020 Opinion or Order Filing 208 ORDER denying #207 Motion to Continue. ADR stipulation to be filed forthwith. ADR to be held as Ordered.Signed by Judge David S. Cercone on denied. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
July 24, 2020 Opinion or Order Filing 207 MOTION to Continue ADR by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
July 14, 2020 Opinion or Order Filing 206 ORDER - the parties complete and file an ADR Stipulation on or before July 24, 2020. The ADR process shall be scheduled and completed on or before September 22, 2020. Signed by Judge David S. Cercone on 7/14/2020. (jmc)
July 14, 2020 Opinion or Order Filing 205 ORDER denying #199 Motion for Reconsideration. Signed by Judge David S. Cercone on 7/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
June 4, 2020 Opinion or Order Filing 204 RESPONSE to Motion re #199 MOTION for Reconsideration re #198 Memorandum Opinion,, Order, filed by DANA L. FAYOCK. (Bradley, Scott)
May 29, 2020 Opinion or Order Filing 203 ORDER granting #201 Motion for Extension of Time to File Response/Reply re #199 MOTION for Reconsideration re #198 Memorandum Opinion & Order .Responses due by 6/4/2020. Signed by Judge David S. Cercone on 5/29/2020. (kly)
May 28, 2020 Opinion or Order Filing 202 RESPONSE IN OPPOSITION to #199 Motion for Reconsideration, filed by JOHN A. KOPAS, III. (Lloyd, Bethann)
May 28, 2020 Opinion or Order Filing 201 MOTION for Extension of Time to File Response/Reply as to #199 MOTION for Reconsideration re #198 Memorandum Opinion,, Order, by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Bradley, Scott)
May 17, 2020 Opinion or Order FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
May 15, 2020 Opinion or Order Filing 200 ORDER Response/Briefing Schedule re #198 Memorandum Opinion & Order. Defendants' Response to Motion due by 5/28/2020. Signed by Judge David S. Cercone on 5/15/2020. (kly)
May 14, 2020 Opinion or Order Filing 199 MOTION for Reconsideration re #198 Memorandum Opinion,, Order, by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order) (Geary, Noah)
April 26, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
April 16, 2020 Opinion or Order Filing 198 MEMORANDUM OPINION AND ORDER - the requests for summary judgment made on behalf of Defendants Solomon and Warman with regard to the issues remanded by the Court of Appeals for the Third Circuit are DENIED. IT IS FURTHER ORDERED that John Kopas, III will not be reinstated as a defendant in this lawsuit.Signed by Judge David S. Cercone on 4/16/2020. (jmc)
March 28, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
December 3, 2019 Opinion or Order Filing 197 REPLY BRIEF re #192 Response in Opposition, Papers to Recent Filing of Defendant Kopas filed by JOHN A. KOPAS, III. (Lloyd, Bethann)
December 2, 2019 Opinion or Order Filing 196 ORDER granting #195 Motion for Leave to File Reply to Plaintiff's #192 Opposition Papers to Recent Filing. Signed by Judge David S. Cercone on 12/2/2019. (kly)
November 26, 2019 Opinion or Order Filing 195 MOTION for Leave to File Reply to Plaintiff's #192 Opposition Papers to Recent Filing by JOHN A. KOPAS, III. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lloyd, Bethann) Modified text on 11/27/2019. (cel)
November 22, 2019 Opinion or Order Filing 194 REPLY to #192 Response in Opposition,, filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
November 19, 2019 Opinion or Order Filing 193 ORDER granting #191 Motion for Leave to File to File Opposition Papers to recent filing of Defendant John Kopas ONE DAY EXTENSION OF TIME. Signed by Judge David S. Cercone on 11/19/2019. (kly)
November 18, 2019 Opinion or Order Filing 192 RESPONSE IN OPPOSITION TO FILING OF KOPAS, ONE DAY OUT OF TIME to #191 Motion for Leave to File, #187 Brief in Support of Motion, filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Geary, Noah)
November 17, 2019 Opinion or Order Filing 191 MOTION for Leave to File Opposition Papers to recent filing of Defendant John Kopas ONE DAY EXTENSION OF TIME by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
October 28, 2019 Opinion or Order Filing 190 ORDER granting #189 Motion for Leave to File Brief. Plaintiff's response shall be filed within 20 days of recent filing of Defendant Kopas. Signed by Judge David S. Cercone on 10/28/2019. (kly)
October 24, 2019 Opinion or Order Filing 189 MOTION for Leave to File Response to filing of Defendant Kopas by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
September 30, 2019 Opinion or Order Filing 188 NOTICE of Substitution of Attorney Appearance by Scott A. Bradley on behalf of DANA L. FAYOCK. Attorney Michael E. Kennedy terminated. (Bradley, Scott)
May 29, 2019 Opinion or Order Filing 187 BRIEF in Support re #28 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim filed by JOHN A. KOPAS, III. (Lloyd, Bethann)
March 29, 2019 Opinion or Order Filing 186 ORDER granting #183 Motion of Dismissed Defendant to File Brief Out-of-Time filed by JOHN A. KOPAS, III. Defendant's Brief due by 5/29/2019. Signed by Judge David S. Cercone on 3/29/19. (njt)
March 28, 2019 Opinion or Order Filing 185 RESPONSE to Motion re #183 MOTION to Extend Time to /by 120 days filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
March 25, 2019 Opinion or Order Filing 184 BRIEF in Support re #183 Motion to Extend Time to/by 120 days filed by JOHN A. KOPAS, III. (Attachments: #1 Exhibit A) (Lloyd, Bethann)
March 25, 2019 Opinion or Order Filing 183 MOTION to Extend Time to /by 120 days by JOHN A. KOPAS, III. (Attachments: #1 Proposed Order) (Lloyd, Bethann)
December 19, 2018 Opinion or Order Filing 182 BRIEF in Support of 181 Order on Motion for Leave to File, filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Geary, Noah)
December 18, 2018 Opinion or Order Filing 181 TEXT-ORDER granting plaintiff's #180 Motion for Leave to File Supplemental Brief One Day Out of Time. Signed by Judge David S. Cercone on 12/18/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
December 17, 2018 Opinion or Order Filing 180 MOTION for Leave to File SUPPLEMENTAL BRIEF ONE DAY OUT OF TIME by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
November 15, 2018 Opinion or Order Filing 179 NOTICE of Substitution of Attorney Appearance by Michael E. Kennedy on behalf of DANA L. FAYOCK. Attorney Mary Lynch Friedline terminated. (Kennedy, Michael)
November 14, 2018 Opinion or Order Filing 178 SUPPLEMENTAL BRIEF by DANA L. FAYOCK re: #176 Order. (Friedline, Mary) Modified on 11/15/2018. (cel)
November 13, 2018 Opinion or Order Filing 177 SUPPLEMENTAL BRIEF Following Remand by the Third Circuit by GERALD SOLOMON, RALPH WARMAN re: #176 Order. (Attachments: #1 Exhibit A) (Pellis, Thomas) Modified on 11/14/2018. (cel)
October 16, 2018 Opinion or Order Filing 176 ORDER setting briefing schedule for supplemental briefs consistent with direction of the Third Circuit on the issues set forth in the body of this Order: Defendants' briefs (including Kopas' brief regarding item (3) in this Order) shall be filed on or before November 15, 2018, and Plaintiff's brief shall be filed on or before December 17, 2018. Signed by Judge David S. Cercone on 10/16/18. (jmc)
September 19, 2018 Opinion or Order Filing 175 MANDATE of USCA as to #164 Notice of Appeal filed by GERALD SOLOMON, RALPH WARMAN Affirming in part, reversing in part and vacating in part judgment/order of the district court. (Attachments: #1 Opinion) (sc3) Modified on 9/20/2018. (cel)
August 28, 2018 Opinion or Order Filing 174 JUDGMENT OF USCA as to #164 Notice of Appeal filed by GERALD SOLOMON, RALPH WARMAN Affirming in Part, Reversed in Part and Vacated in Part judgment/order of the district court. Mandate will follow. (kr3)
August 15, 2017 Opinion or Order Filing 173 ORDER FOR STATISTICAL CLOSING. Case is administratively closed without prejudice to reopening upon notification of conclusion of appeal to the Third Circuit Court of Appeals. Nothing contained in this order shall be considered a dismissal or disposition of this action. The Clerk shall remove this case from the docket for administrative purposes. Signed by Judge David S. Cercone on 8/15/17. (njt)
August 14, 2017 Opinion or Order Filing 172 ORDER denying #161 Motion for Reconsideration ; denying #163 Motion to Amend/Correct. IT IS FURTHER ORDERED that Plaintiffs Motion for Sanctions, set forth in his Responses to Defendants motions, is DENIED.Signed by Judge David S. Cercone on 8/14/17. (jmc)
August 11, 2017 Opinion or Order Filing 171 RESPONSE to Motion re #161 MOTION for Reconsideration re #159 Memorandum Opinion & Order, filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Proposed Order) (Geary, Noah)
August 11, 2017 Opinion or Order Filing 170 RESPONSE to Motion re #163 MOTION to Amend #159 Memorandum Opinion & Order pursuant to 28 U.S.C. Section 1292(b) to Permit an Interlocutory Appeal filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
August 9, 2017 Opinion or Order Filing 169 ORDER granting plaintiff's #168 Motion for Extension of Time to File Response to defendants' #161 Motion for Reconsideration and #163 Motion for Permission to Appeal. Plaintiff's Responses due by 8/11/2017. Signed by Judge David S. Cercone on 8/9/17. (njt)
August 4, 2017 Opinion or Order Filing 168 MOTION to Extend Time to File Responses to Defendants' Recent Motions by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 8/7/2017. (jsp)
August 2, 2017 Opinion or Order Filing 167 ORDER continuing the pretrial settlement conference previously set for 8/8/17 until further order of court. Signed by Judge David S. Cercone on 8/2/17. (mwm)
July 31, 2017 Opinion or Order Filing 166 ORDER of USCA RULE 4(a)(4) staying case pending disposition of post decision motion(s) as to #164 Notice of Appeal filed by GERALD SOLOMON, RALPH WARMAN. (kr3)
July 26, 2017 Opinion or Order Filing 164 NOTICE OF APPEAL as to #159 Memorandum Opinion & Order, by GERALD SOLOMON, RALPH WARMAN. Filing fee $505, receipt number 0315-4409369. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Pellis, Thomas)
July 25, 2017 Opinion or Order Filing 163 MOTION to Amend #159 Memorandum Opinion & Order pursuant to 28 U.S.C. Section 1292(b) to Permit an Interlocutory Appeal by GERALD SOLOMON, RALPH WARMAN. (Attachment: #1 Proposed Order) (Pellis, Thomas) Modified on 7/26/2017. (jsp)
July 24, 2017 Opinion or Order Filing 162 ORDER Response/Briefing Schedule re defendants' #161 Motion for Reconsideration of the Decision Granting in Part and Denying in Part Defendants Motions for Summary Judgment. Plaintiff's Response due by 8/4/2017. Signed by Judge David S. Cercone on 7/24/17. (njt)
July 21, 2017 Opinion or Order Filing 161 MOTION for Reconsideration re #159 Memorandum Opinion & Order, by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas) Modified on 7/24/2017. (jsp)
July 5, 2017 Opinion or Order Filing 160 ORDER scheduling a Pretrial Settlement Conference for 8/8/2017 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. ALL PARTIES AND/OR PRINCIPALS WITH FINAL SETTLEMENT APPROVAL ARE REQUIRED TO BE PRESENT AT THE CONFERENCE as more fully set forth in the scheduling order. Availability by telephone is not sufficient. Plaintiff demand and defendants offer to be provided to the court in advance of the conference. Signed by Judge David S. Cercone on 7/5/17. (njt)
June 27, 2017 Opinion or Order Filing 159 MEMORANDUM OPINION & ORDER as follows: (1) The Motion for Summary Judgment filed on behalf of Dana L. Fayock (Docket No. 125) is granted in part and denied in part. With regard to Plaintiff's claim under 42 U.S.C. 1983 alleging violation of his rights under the Sixth and Fourteenth Amendments to the United States Constitution, the motion is GRANTED. In all other aspects, the motion is DENIED; (2) The Motion for Summary Judgment filed on behalf of Gerald Solomon (Docket No. 129) is granted in part and denied in part. Solomon's motion for summary judgment on Plaintiff's claims under 42 U.S.C. 1983 alleging malicious prosecution is GRANTED. In all other aspects, the motion is DENIED; (3) The Motion for Summary Judgment filed on behalf of Ralph Warman (Docket No. 132) is granted in part and denied in part. Warman's motion for summary judgment on Plaintiff's claims under 42 U.S.C. 1983 alleging malicious prosecution is GRANTED. In all other aspects, the motion is DENIED; and (4) The Motion for Summary Judgment filed on behalf of David Munchinski (Docket No. 136) is granted in part and denied in part. The motion is GRANTED to the extent the Court finds Plaintiff's rights under Brady v. Maryland were violated by Warman for the intentional revision of the Goodwin Report, and by both Warman and Solomon for their suppression of the following exculpatory evidence: (1) the Bates Report; (2) the Goodwin/Powell Report; (3) the Powell Addendum; (4) Alfords Autopsy Addendum; (5) the Mangiacarne/Carbone Report; (6) the Kinch Report; (7) Bowen's Parole Revocation Documents; (8) the Dunkard/Proud Report; (9) the Veil/Mangello Report; and (10) the Madden/Lucy Report. In all other aspects, the motion is DENIED.Signed by Judge David S. Cercone on 6/27/17. (jmc)
December 22, 2016 Opinion or Order Filing 158 REPLY BRIEF re #154 Brief in Opposition - Other filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Pellis, Thomas)
December 20, 2016 Opinion or Order Filing 157 REPLY in Opposition re #147 Brief in Opposition to Motion filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Geary, Noah) Modified on 12/22/2016. (jsp)
December 12, 2016 Opinion or Order Filing 156 Appendix to #155 Reply to Response to Motion by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Geary, Noah)
December 12, 2016 Opinion or Order Filing 155 REPLY to Response to Motion re #143 Brief in Opposition - Other filed by DAVID MUNCHINSKI. (Geary, Noah)
December 8, 2016 Opinion or Order Filing 154 BRIEF in Opposition to #132 MOTION for Summary Judgment, #129 MOTION for Summary Judgment, filed by DAVID MUNCHINSKI. (Geary, Noah)
December 8, 2016 Opinion or Order Filing 153 BRIEF in Opposition to #125 MOTION for Summary Judgment, filed by DAVID MUNCHINSKI. (Geary, Noah)
December 7, 2016 Opinion or Order Filing 152 Appendix to #151 Responsive Concise Statement of Material Facts by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Geary, Noah) Modified on 12/9/2016. (jsp)
December 7, 2016 Opinion or Order Filing 151 RESPONSIVE CONCISE STATEMENT OF MATERIAL FACTS re #133 Concise Statement of Material Facts, #130 Concise Statement of Material Facts by DAVID MUNCHINSKI. (Geary, Noah) Modified on 12/9/2016. (jsp)
December 7, 2016 Opinion or Order Filing 150 Appendix to #149 Responsive Concise Statement of Material Facts by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Geary, Noah) Modified on 12/9/2016. (jsp)
December 7, 2016 Opinion or Order Filing 149 RESPONSIVE CONCISE STATEMENT OF MATERIAL FACTS re #128 Concise Statement of Material Facts by DAVID MUNCHINSKI. (Geary, Noah) Modified on 12/9/2016. (jsp)
December 6, 2016 Opinion or Order Filing 148 RESPONSE to #138 Concise Statement of Material Facts, filed by DANA L. FAYOCK. (Attachments: #1 Exhibit) (Friedline, Mary)
December 6, 2016 Opinion or Order Filing 147 BRIEF in Opposition re #137 Motion for Summary Judgment filed by DANA L. FAYOCK. (Attachments: #1 Exhibit) (Friedline, Mary)
November 30, 2016 Opinion or Order Filing 146 ORDER granting #145 Motion for Extension of Time to File Response re #125 MOTION for Summary Judgment. Plaintiff's Response due by 12/7/2016. Signed by Judge David S. Cercone on 11/30/16. (njt)
November 29, 2016 Opinion or Order Filing 145 MOTION for Extension of Time to File Response/Reply as to #127 Brief in Support of Motion, #128 Concise Statement of Material Facts by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
November 28, 2016 Opinion or Order Filing 144 RESPONSE to #138 Concise Statement of Material Facts, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 28, 2016 Opinion or Order Filing 143 BRIEF in Opposition to #140 Brief in Support of Motion, #136 MOTION for Summary Judgment, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
November 28, 2016 Opinion or Order Filing 142 TEXT-ORDER granting defendants GERALD SOLOMON and RALPH WARMAN #141 Motion for Leave of Court to File a Brief in Excess of Twenty-Five Pages. Signed by Judge David S. Cercone on 11/28/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
November 22, 2016 Opinion or Order Filing 141 MOTION for Leave to File Brief in Excess of 25 Pages re Brief in Opposition to Plaintiff's Motion for Summary Judgment by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas) Modified on 11/25/2016. (jsp)
November 10, 2016 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #137 Motion for Summary Judgment. ERROR: Wrong event selected. CORRECTION: Re-docketed as Brief in Support re #136 Motion for Summary Judgment. This message is for informational purposes only. (jsp)
November 9, 2016 Opinion or Order Filing 140 BRIEF in Support re #136 Motion for Summary Judgment filed by DAVID MUNCHINSKI. (jsp)(Document previously filed electronically)
November 9, 2016 Opinion or Order Filing 139 Appendix to #138 Concise Statement of Material Facts by DAVID MUNCHINSKI. (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, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Geary, Noah)
November 9, 2016 Opinion or Order Filing 138 CONCISE STATEMENT OF MATERIAL FACTS re #137 Motion for Summary Judgment by DAVID MUNCHINSKI. (Geary, Noah)
November 9, 2016 Opinion or Order Filing 137 MOTION for Summary Judgment BRIEF IN SUPPORT by DAVID MUNCHINSKI. (Geary, Noah) Error: Wrong event selected. Document re-filed as Brief in Support of #136 Motion for Summary Judgment. Modified on 11/10/2016. (jsp)
November 9, 2016 Opinion or Order Filing 136 MOTION for Summary Judgment by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
November 9, 2016 Opinion or Order Filing 135 Appendix to #134 Brief in Support of Motion, #133 Concise Statement of Material Facts, #131 Brief in Support of Motion, #129 Motion for Summary Judgment, #132 Motion for Summary Judgment, #130 Concise Statement of Material Facts by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49 - Part I (1-50), #50 Exhibit 49 - Part II (51-119), #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59) (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 134 BRIEF in Support re #132 Motion for Summary Judgment filed by RALPH WARMAN. (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 133 CONCISE STATEMENT OF MATERIAL FACTS re #132 Motion for Summary Judgment by RALPH WARMAN. (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 132 MOTION for Summary Judgment by RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 131 BRIEF in Support re #129 Motion for Summary Judgment filed by GERALD SOLOMON. (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 130 CONCISE STATEMENT OF MATERIAL FACTS re #129 Motion for Summary Judgment by GERALD SOLOMON. (Pellis, Thomas)
November 9, 2016 Opinion or Order Filing 129 MOTION for Summary Judgment by GERALD SOLOMON. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 31, 2016 Opinion or Order Filing 128 CONCISE STATEMENT OF UNDISPUTED MATERIAL FACTS re #125 Motion for Summary Judgment by DANA L. FAYOCK. (Friedline, Mary) Modified on 11/1/2016. (jsp)
October 31, 2016 Opinion or Order Filing 127 BRIEF in Support re #125 Motion for Summary Judgment filed by DANA L. FAYOCK. (Friedline, Mary)
October 28, 2016 Opinion or Order Filing 126 Appendix to #125 Motion for Summary Judgment by DANA L. FAYOCK. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2, #4 Exhibit 3 Part 1, #5 Exhibit 3 Part 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27) (Friedline, Mary)
October 28, 2016 Opinion or Order Filing 125 MOTION for Summary Judgment by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Friedline, Mary)
October 26, 2016 Opinion or Order Filing 124 ORDER granting defendant's #123 Motion for Enlargement of Time to File Motions for Summary Judgment. Motions for Summary Judgment due by 11/9/2016. Signed by Judge David S. Cercone on 10/26/16. (njt)
October 21, 2016 Opinion or Order Filing 123 MOTION to Extend Time to file Motions for Summary Judgment by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 3, 2016 Opinion or Order Filing 122 PRE-TRIAL STIPULATION on behalf of all parties by DAVID MUNCHINSKI. (Geary, Noah)
September 21, 2016 Opinion or Order Filing 121 PRETRIAL STATEMENT by DANA L. FAYOCK. (Friedline, Mary)
September 21, 2016 Opinion or Order Filing 120 PRETRIAL STATEMENT by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
August 29, 2016 Opinion or Order Filing 119 PRETRIAL STATEMENT by DAVID MUNCHINSKI. (Geary, Noah)
August 17, 2016 Opinion or Order Filing 118 ORDER granting #115 and #116 Motions to Extend Deadlines. Plaintiff's Pretrial Statement due by 8/22/2016. Defendants' Pretrial Statement due by 9/21/2016. Pretrial Stipulation due by 10/3/2016. Motions for Summary Judgment due by 10/31/2016. Signed by Judge David S. Cercone on 8/16/16. (njt)
August 15, 2016 Opinion or Order Filing 117 RESPONSE IN OPPOSITION to #115 Motion to Extend Time, filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
August 15, 2016 Opinion or Order Filing 116 Consent MOTION for Leave to File Plaintiff's Pre-Trial Statement Out of Time by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Proposed Order) (Geary, Noah)
August 12, 2016 Opinion or Order Filing 115 MOTION to Extend Time re Case Management Deadlines by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Friedline, Mary) Modified on 8/15/2016. (jsp)
August 12, 2016 Opinion or Order Filing 114 TEXT-ORDER granting in part and denying in part #112 Motion for Leave to File a Brief in Excess of 25 Pages. Motion for excess pages is granted BUT brief is limited to 50 PAGES. Signed by Judge David S. Cercone on 8/12/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
August 12, 2016 Opinion or Order Filing 113 TEXT-ORDER granting in part and denying in part #111 Motion for Leave to File a Brief in Excess of 25 Pages. Motion for excess pages is granted BUT brief is limited to 50 PAGES. Signed by Judge David S. Cercone on 8/12/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
August 3, 2016 Opinion or Order Filing 112 MOTION for Leave to File Excess Pages to Brief in Support of Motion for Summary Judgment by RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
August 3, 2016 Opinion or Order Filing 111 MOTION for Leave to File Excess Pages to Brief in Support of Summary Judgment by GERALD SOLOMON. (Attachments: #1 Proposed Order) (Pellis, Thomas)
May 2, 2016 Opinion or Order Filing 110 ORDER granting defendants' #105 Second Motion to Extend Discovery Schedule. Discovery extended by 45 days to 6/17/2016. Plaintiff's Pretrial Statement due by 7/18/2016. Defendants' Pretrial Statement due by 8/18/2016. Pretrial Stipulation due by 8/29/2016. Motions for Summary Judgment due by 9/29/2016. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge David S. Cercone on 5/2/16. (njt)
April 27, 2016 Opinion or Order Filing 109 ORDER denying #108 Motion for Protective Order. Signed by Judge David S. Cercone on 4/27/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
April 26, 2016 Opinion or Order Filing 108 MOTION for Protective Order by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
April 26, 2016 Opinion or Order Filing 107 RESPONSE to Motion re #105 Second MOTION to Extend Time to complete discovery and extend deadlines to the Case Manaement Order filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
April 22, 2016 Opinion or Order Filing 106 NOTICE of Appearance by Lee R. Demosky on behalf of GERALD SOLOMON, RALPH WARMAN. (Demosky, Lee)
April 21, 2016 Opinion or Order Filing 105 Second MOTION to Extend Time to complete discovery and extend deadlines to the Case Manaement Order by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
February 10, 2016 Opinion or Order Filing 104 ORDER denying #102 Motion for Reconsideration. Signed by Judge David S. Cercone on 2/10/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
February 9, 2016 Opinion or Order Filing 103 RESPONSE IN OPPOSITION to #102 Motion for Reconsideration, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
February 5, 2016 Opinion or Order Filing 102 MOTION for Reconsideration re #101 Order on Motion for Extension of Time to Complete Discovery, by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 25, 2016 Opinion or Order Filing 101 ORDER granting defendants' #99 Motion to Extend Discovery Schedule. Discovery due by 5/1/2016. Plaintiff's Pretrial Statement due by 6/1/2016. Defendants' Pretrial Statement due by 7/1/2016. Pretrial Stipulation due by 7/11/2016. Motions for Summary Judgment due by 8/11/2016. Signed by Judge David S. Cercone on 1/25/16. (njt)
January 22, 2016 Opinion or Order Filing 100 RESPONSE IN OPPOSITION to #99 Motion for Extension of Time to Complete Discovery, filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 20, 2016 Opinion or Order Remark: Adjustment to attorney information for Noah Geary with regard to email notifications. (njt)
January 13, 2016 Opinion or Order Filing 99 MOTION for Extension of Time to Complete Discovery by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
November 4, 2015 Opinion or Order Filing 98 AMENDED CASE MANAGEMENT ORDER: Discovery ends 2/1/2016. Plaintiff's Pretrial Statement due by 3/1/2016. Defendants' Pretrial Statement due by 4/1/2016. Pretrial Stipulation due by 4/11/2016. Motions for Summary Judgment due by 5/11/2016. Signed by Judge David S. Cercone on 11/4/15. (njt)
October 15, 2015 Opinion or Order Filing 97 ORDER denying #89 Motion to Send Case to Mediation. Signed by Judge David S. Cercone on 10/15/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
September 21, 2015 Opinion or Order Filing 96 AMENDED ANSWER and Affirmative Defenses re #16 Amended Complaint, by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas) Modified on 9/23/2015. (jsp)
September 18, 2015 Opinion or Order Filing 95 ORDER granting #90 Motion (and #91 Supplemental Motion) for Leave to Amend Answer and Affirmative Defenses to Plaintiff's Amended Complaint. Defendants' Amended Answer shall be filed within 5 days of the date of this Order. Signed by Judge David S. Cercone on 9/18/15. (njt)
September 16, 2015 Opinion or Order Filing 94 Errata re #93 Notice of Substitution of Attorney Appearance by DANA L. FAYOCK. Reason for Correction: Signature on the Certificate of Service. (Friedline, Mary)
September 16, 2015 Opinion or Order Filing 93 NOTICE of Substitution of Attorney Appearance by Mary Lynch Friedline on behalf of DANA L. FAYOCK. Attorney Robert A. Willig terminated. (Friedline, Mary)
September 11, 2015 Opinion or Order Filing 92 Supplemental Consent MOTION for Leave to File Amended Answer and Affirmative Defenses to Plaintiff's Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Proposed Order) (Pellis, Thomas) Modified on 9/14/2015. (jsp)
September 3, 2015 Opinion or Order Filing 91 RESPONSE to Motion re #89 MOTION to Send Case Back to Mediation re #51 Order Referring Case to Early Neutral Evaluation, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
September 2, 2015 Opinion or Order Filing 90 MOTION for Leave to File Amended Answer and Affirmative Defenses to Plaintiff's Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Proposed Order) (Pellis, Thomas)
August 25, 2015 Opinion or Order Filing 89 MOTION to Send Case Back to Mediation re #51 Order Referring Case to Early Neutral Evaluation, by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 8/26/2015. (jsp)
August 19, 2015 Opinion or Order Filing 88 ORDER denying as moot #74 Motion for Clarification; denying as moot #75 Motion to Amend/Correct; denying as moot #83 Motion to Certify Defendants' Appeal as Frivolous. Signed by Judge David S. Cercone on 8/19/15. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) Text modified on 8/20/2015. (ept)
August 11, 2015 Opinion or Order Filing 87 MANDATE of USCA as to #78 Notice of Appeal, filed by GERALD SOLOMON, RALPH WARMAN affirming judgment/order of the district court. (Attachments: #1 Opinion, #2 Clerk's letter to District Court) (sb3c)
July 20, 2015 Opinion or Order Filing 86 JUDGMENT OF USCA as to #78 Notice of Appeal, filed by GERALD SOLOMON, RALPH WARMAN Affirming judgment/order of the district court. Mandate will follow. (tw3)
February 11, 2015 Opinion or Order Filing 85 RESPONSE in Opposition re #83 Motion to Certify Defendants' Appeal as Frivolous re #78 Notice of Appeal filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A - Appellate Brief) (Pellis, Thomas) Modified on 2/12/2015. (jsp)
January 28, 2015 Opinion or Order Filing 84 ORDER Response/Briefing Schedule re plaintiff's #83 Motion to Certify as Frivolous Defendant Warman and Solomon's Appeal from the Denial of Their Rule 12 Motion. Defendants' Response due by 2/18/2015. Signed by Judge David S. Cercone on 1/28/15. (njt)
January 26, 2015 Opinion or Order Filing 83 MOTION to Certify Defendants' Appeal as Frivolous re #78 Notice of Appeal, filed by GERALD SOLOMON, RALPH WARMAN by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 1/27/2015. (jsp)
November 25, 2014 Opinion or Order Filing 82 ORDER granting #81 Motion for Stay of Proceedings Pending the Appeal to the United States Court of Appeals for the Third Circuit. Discovery and trial are stayed pending resolution of defendants' appeal. Signed by Judge David S. Cercone on 11/24/14. (njt)
November 21, 2014 Opinion or Order Filing 81 MOTION to Stay Proceedings Pending the Appeal to the United States Court of Appeals for the Third Circuit by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Pellis, Thomas)
October 13, 2014 Opinion or Order Filing 79 ANSWER to #16 Amended Complaint, by DANA L. FAYOCK. (Willig, Robert)
October 10, 2014 Opinion or Order Filing 78 NOTICE OF APPEAL as to #70 Order on Motion to Dismiss for Failure to State a Claim, by GERALD SOLOMON, RALPH WARMAN. Filing fee $505, receipt number 0315-3354875. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Pellis, Thomas) Modified on 10/14/2014. (jsp)
October 3, 2014 Opinion or Order Filing 77 ANSWER and Affirmative Defenses to #16 Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas) Modified on 10/6/2014. (jsp)
October 3, 2014 Opinion or Order Filing 76 BRIEF in Support re #75 Motion to Amend the Order of September 15, 2014 pursuant to 28 U.S.C. Section 1292(b) filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas) Modified on 10/8/2014. (jsp)
October 3, 2014 Opinion or Order Filing 75 MOTION to Amend #70 Order on Motion to Dismiss for Failure to State a Claim, by GERALD SOLOMON, RALPH WARMAN. (Attachment: #1 Proposed Order) (Pellis, Thomas) Modified on 10/8/2014. (jsp)
October 3, 2014 Opinion or Order Filing 74 MOTION for Clarification as to #70 Order on Motion to Dismiss for Failure to State a Claim and Extension to Plead by GERALD SOLOMON, RALPH WARMAN. (Attachment: #1 Proposed Order) (Pellis, Thomas) Modified on 10/8/2014. (jsp)
October 3, 2014 Opinion or Order ORDER denying #73 Motion for Extension of Time to Answer. Signed by Judge David S. Cercone on 10/3/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
October 2, 2014 Opinion or Order Filing 73 MOTION for Extension of Time to File Answer re #16 Amended Complaint filed by DAVID MUNCHINSKI until appeal to the Third Circuit from the September 15, 2014 order has been determined by GERALD SOLOMON, RALPH WARMAN. (Attachment: #1 Proposed Order) (Pellis, Thomas) Modified on 10/3/2014. (jsp)
October 2, 2014 Opinion or Order Filing 72 ORDER granting #71 Motion for Extension of Time to File Answer. Defendant DANA L. FAYOCK answer due 10/13/2014. Signed by Judge David S. Cercone on 10/1/14. (njt)
September 29, 2014 Opinion or Order Filing 71 MOTION for Extension of Time to File Answer by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Willig, Robert)
September 22, 2014 Opinion or Order TEXT-ORDER denying as moot #64 MOTION for Oral Argument re #26 , #28 , and #34 Motions to Dismiss. Motions resolved without argument. Signed by Judge David S. Cercone on 9/22/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
September 22, 2014 Opinion or Order TEXT-ORDER denying as moot #69 Motion to Compel filed by defendant JOHN A. KOPAS who is now out of case. Signed by Judge David S. Cercone on 9/22/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
September 16, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #69 Motion to Compel. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. No further action is required. This message is for informational purposes only. (jsp)
September 15, 2014 Opinion or Order Filing 70 MEMORANDUM OPINION AND ORDER denying #34 Motion to Dismiss for Failure to State a Claim filed by Defendant Fayock; denying #26 Motion to Dismiss filed by Defendants Solomon and Warman; granting #28 Motion to Dismiss filed by Defendant Kopas. The claims set forth in the Amended Complaint against John Kopas, III are dismissed with prejudice. Signed by Judge David S. Cercone on 9/15/14. (jmc)
September 15, 2014 Opinion or Order Filing 69 MOTION to Compel Answers to Defendant Kopas' Interrogatories and Request for Production of Documents by JOHN A. KOPAS, III. (Attachments: #1 Exhibit A) (Lloyd, Bethann)
August 26, 2014 Opinion or Order Filing 68 ORDER granting #65 Motion to Extend Discovery. Discovery due by 1/30/2015. Plaintiff's Pretrial Statement due by 3/2/2015. Defendants' Pretrial Statements due by 4/1/2015. Pretrial Stipulation due by 4/10/2015. Motions for Summary Judgment due by 5/11/2015. Signed by Judge David S. Cercone on 8/26/14. (njt)
August 21, 2014 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #67 Notice. ERROR: Notice of Deposition is Discovery Material. CORRECTION: Document removed from public view as discovery material is not to be filed, except by leave of Court. This message is for informational purposes only. (jsp)
August 20, 2014 Opinion or Order Filing 67 NOTICE of Deposition of Plaintiff by JOHN A. KOPAS, III (Lloyd, Bethann) Error: Document removed from public view as discovery material is not to be filed, except by leave of Court. Modified on 8/21/2014. (jsp)
August 20, 2014 Opinion or Order Filing 66 RESPONSE IN OPPOSITION to #65 Motion for Extension of Time to Complete Discovery, filed by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
July 28, 2014 Opinion or Order Filing 65 Consent MOTION for Extension of Time to Extend Discovery by JOHN A. KOPAS, III. (Attachment: #1 Proposed Order) (McLean, Jason) Modified on 7/29/2014. (jsp)
May 27, 2014 Opinion or Order Filing 64 MOTION for Oral Argument re #26 Motion to Dismiss, #28 Motion to Dismiss, #34 Motion to Dismiss by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 5/28/2014. (jsp)
May 23, 2014 Opinion or Order Filing 63 Sur-Reply Brief re #59 Reply Brief, filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Pellis, Thomas)
May 20, 2014 Opinion or Order Filing 62 ORDER granting #61 Motion for Leave to File Sur-reply to Plaintiff's Response Brief to Defendants' Reply Briefs. Signed by Judge David S. Cercone on 5/20/14. (njt)
May 15, 2014 Opinion or Order Filing 61 MOTION for Leave to File Sur Reply Brief to Plaintiff's Response Brief to Defendants' Reply Briefs by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit Proposed Sur Reply Brief, #2 Proposed Order) (Pellis, Thomas)
May 13, 2014 Opinion or Order Filing 60 ORDER granting #58 Motion for Extension of Time to File Reply Brief re #26 and #28 MOTIONs to Dismiss. Reply due by 5/16/2014. Signed by Judge David S. Cercone on 5/12/14. (njt)
May 9, 2014 Opinion or Order Filing 59 REPLY BRIEF re #53 Reply Brief, #54 Reply Brief filed by DAVID MUNCHINSKI. (Geary, Noah)
May 2, 2014 Opinion or Order Filing 58 First MOTION for Extension of Time to File Reply Brief by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 5/5/2014. (jsp)
May 2, 2014 Opinion or Order Filing 57 ORDER granting #56 Motion for Leave to File Reply Brief. Plaintiff to file Reply Briefs forthwith. Signed by Judge David S. Cercone on 5/1/14. (njt)
April 21, 2014 Opinion or Order Filing 56 MOTION for Leave to File Reply Brief by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
April 1, 2014 Opinion or Order Filing 55 ORDER denying #52 Motion to Stay. Signed by Judge David S. Cercone on 4/1/14. (jmc)
March 12, 2014 Opinion or Order Filing 54 REPLY BRIEF in support re #28 Motion to Dismiss filed by JOHN A. KOPAS, III. (McLean, Jason) Modified on 3/13/2014. (jsp)
March 12, 2014 Opinion or Order Filing 53 REPLY BRIEF re #47 Brief in Opposition to Motion, filed by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
March 10, 2014 Opinion or Order Filing 52 MOTION to Stay Discovery Pending a Ruling on Defendants' Motions to Dismiss by DANA L. FAYOCK, JOHN A. KOPAS, III, GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (McLean, Jason)
March 10, 2014 Opinion or Order Filing 51 ORDER REFERRING CASE to Early Neutral Evaluation. Robert Cindrich is appointed as an evaluator. ENE conference shall be conducted by 5/7/14. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Noah Geary is designated as lead counsel. Evaluator ROBERT CINDRICH is added. Signed by Judge David S. Cercone on 3/10/14. (kak)
March 7, 2014 Opinion or Order Filing 50 STIPULATION selecting ADR process by DAVID MUNCHINSKI. (Geary, Noah)
March 7, 2014 Opinion or Order Filing 49 CASE MANAGEMENT ORDER: Post Discovery Status Conference to be scheduled upon motion of the parties. The parties shall move to amend pleadings or add new parties by 6/30/14. Discovery ends 7/31/14. Plaintiff's Pretrial Statement due by 9/2/14. Defendants' Pretrial Statement due by 10/2/14. Pretrial Stipulation due by 10/14/14. Motions for Summary Judgment due by 11/14/14. Signed by Judge David S. Cercone on 3/7/14. (kak)
March 3, 2014 Opinion or Order Filing 48 Minute Entry for Case Management Conference held before Judge David S. Cercone on 3/3/2014: Noah Geary, Esq. appointed liaison counsel for ADR purposes. The parties have not file the ADR Stipulation. Court requests the ADR Stip be filed on or before March 7, 2014. ADR must be completed by 5/2/14. Discovery will close on 7/31/14. Order to follow. (Court Reporter: none) (jmc)
February 27, 2014 Opinion or Order Filing 47 BRIEF in Opposition re #26 Motion to Dismiss, #28 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim, #34 Motion to Dismiss for Failure to State a Claim filed by DAVID MUNCHINSKI. (Attachments: #1 Appendix, #2 Proposed Order) (Geary, Noah)
February 24, 2014 Opinion or Order Filing 46 REPORT of Rule 26(f) Planning Meeting. (Lloyd, Bethann)
February 24, 2014 Opinion or Order Filing 45 ORDER granting #44 Uncontested Motion for Extension of Time to File Response/Reply re #26 , #28 and #34 Motions to Dismiss Amended Complaint. Plaintiff's response to all pending motions due 2/27/14. Defendants' reply briefs due by 3/13/14. Signed by Judge David S. Cercone on 2/21/14. (njt)
February 19, 2014 Opinion or Order Filing 44 Unopposed MOTION for Final Extension of 7 Days to File Response to Rule 12 Motions of Defendants Warman, Solomon and Kopas by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 2/20/2014. (jsp)
February 13, 2014 Opinion or Order ORDER granting #41 Motion for Extension of Time to File Response/Reply re #41 Second MOTION for Extension of Time to File Response/Reply. Response to Defendants Warman, Solomon and Kopas Motion to Dismiss due by 2/19/2014. Signed by Judge David S. Cercone on 2/13/14. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc)
February 3, 2014 Opinion or Order Filing 43 ORDER scheduling Initial Case Management Conference for 3/3/14 at 2:00 PM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 2/18/14. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 2/24/14. Signed by Judge David S. Cercone on 2/3/14. (Attachments: #1 Exhibit A - Stipulation Selecting ADR Process; and #2 Exhibit B - Rule 26 Report Form) (njt)
January 22, 2014 Opinion or Order Filing 42 ORDER granting #40 Uncontested Motion for Extension of Time to File Response re defendant Fayock's #34 MOTION to Dismiss. Plaintiff's Response due by 2/27/2014. Signed by Judge David S. Cercone on 1/15/14. (njt)
January 20, 2014 Opinion or Order Filing 41 Second MOTION for Extension of Time to File Response to #26 Motion to Dismiss, #28 Motion to Dismiss by DAVID MUNCHINSKI. (Attachment: #1 Proposed Order) (Geary, Noah) Modified on 1/22/2014. (jsp)
January 13, 2014 Opinion or Order Filing 40 MOTION for Extension of Time to File Response/Reply as to #35 Brief in Support of Motion, #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
January 6, 2014 Opinion or Order Filing 39 ORDER granting #37 Uncontested Motion for Extension of Time to File Response re #26 and #28 MOTIONS to Dismiss. Plaintiff's Responses due by 1/20/2014. Defendants' Replies due by 2/3/2014. Signed by Judge David S. Cercone on 1/3/14. (njt)
December 30, 2013 Opinion or Order TEXT-ORDER granting #33 Motion for Extension of Time to File Answer. DANA L. FAYOCK answer due 12/13/2013. Signed by Judge David S. Cercone on 12/30/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
December 23, 2013 Opinion or Order Filing 38 DISTRICT JUDGE OPTION by DAVID MUNCHINSKI to have this case randomly assigned to a U.S. District Judge. (Geary, Noah)
December 23, 2013 Opinion or Order Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss re #16 Amended Complaint, #28 MOTION to Dismiss re #16 Amended Complaint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DAVID MUNCHINSKI. (Attachments: #1 Proposed Order) (Geary, Noah)
December 17, 2013 Opinion or Order Filing 36 ORDER Response/Briefing Schedule re defendant DANA L. FAYOCK #34 Motion to Dismiss. Plaintiff's Response and Brief in Opposition due by 1/13/2014. Defendant's Reply brief due by 1/27/2014. Signed by Judge David S. Cercone on 12/17/13. (njt)
December 13, 2013 Opinion or Order Filing 35 BRIEF in Support re #34 Motion to Dismiss for Failure to State a Claim filed by DANA L. FAYOCK. (Willig, Robert)
December 13, 2013 Opinion or Order Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Willig, Robert)
December 9, 2013 Opinion or Order Filing 33 MOTION for Extension of Time to File Answer by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Willig, Robert)
November 26, 2013 Opinion or Order Filing 32 ORDER granting #25 Motion for Extension of Time to File Answer as to DANA L. FAYOCK. Answer to Amended Complaint due 12/9/2013. Signed by Judge David S. Cercone on 11/22/13. (njt)
November 21, 2013 Opinion or Order Filing 31 ORDER granting defendant JOHN A. KOPAS, III #24 Motion for Leave of Court to File Brief in Excess of Twenty-Five Pages. Signed by Judge David S. Cercone on 11/19/13. (njt)
November 20, 2013 Opinion or Order Filing 30 ORDER Response/Briefing Schedule re defendants' #26 and #28 Motions to Dismiss Amended Complaint. Plaintiff's Response and Brief in Opposition due by 12/20/2013. Defendants' Reply brief due by 1/3/2014. Signed by Judge David S. Cercone on 11/20/13. (njt)
November 18, 2013 Opinion or Order Filing 29 BRIEF in Support re #28 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim filed by JOHN A. KOPAS, III. (Lloyd, Bethann)
November 18, 2013 Opinion or Order Filing 28 MOTION to Dismiss re #16 Amended Complaint, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOHN A. KOPAS, III. (Attachments: #1 Exhibit Proposed Order) (Lloyd, Bethann)
November 18, 2013 Opinion or Order Filing 27 BRIEF in Support re #26 Motion to Dismiss Plaintiff's Amended Complaint filed by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Pellis, Thomas)
November 18, 2013 Opinion or Order Filing 26 MOTION to Dismiss re #16 Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
November 18, 2013 Opinion or Order Filing 25 MOTION for Extension of Time to File Answer by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Willig, Robert)
November 14, 2013 Opinion or Order Filing 24 MOTION for Leave to File Brief in Excess of Twenty Five Pages by JOHN A. KOPAS, III. (Attachments: #1 Proposed Order) (McLean, Jason)
November 14, 2013 Opinion or Order Filing 23 ORDER granting defendants GERALD SOLOMON and RALPH WARMAN #18 Motion for Leave of Court to File a Brief in Excess of Twenty-Five Pages. Signed by Judge David S. Cercone on 11/13/13. (njt)
November 14, 2013 Opinion or Order Filing 22 ORDER granting #20 Motion for Extension of Time Respond to Plaintiff's Amended Complaint. Defendant JOHN A. KOPAS, III response to amended complaint due by 11/18/13. Signed by Judge David S. Cercone on 11/14/13. (njt)
November 14, 2013 Opinion or Order UPDATE ANSWER DEADLINE: Answer and/or response to plaintiff's amended complaint due from JOHN A. KOPAS, III on 11/18/2013. Text-only entry; no PDF document to issue. This text-only entry constitutes the Court's order or notice on this matter. (njt)
November 14, 2013 Opinion or Order TEXT-ORDER denying as moot #10 Motion to Dismiss based on filing of #16 Amended Complaint. Signed by Judge David S. Cercone on 11/14/13. (njt)
November 13, 2013 Opinion or Order Filing 21 CONSENT to Trial/Jurisdiction by US Magistrate Judge by JOHN A. KOPAS, III. (Lloyd, Bethann)
November 8, 2013 Opinion or Order Filing 20 MOTION for Extension of Time to File Response as to #16 Amended Complaint by JOHN A. KOPAS, III. (Attachment: #1 Proposed Order) (McLean, Jason) Modified on 11/13/2013. (jsp)
November 7, 2013 Opinion or Order TEXT-ORDER granting #19 Consent Motion for Ten Day Extension of Time to Respond to Plaintiff's Amended Complaint. Defendants GERALD SOLOMON and RALPH WARMAN response to amended complaint due by 11/18/13. Signed by Judge David S. Cercone on 11/7/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
November 7, 2013 Opinion or Order UPDATE ANSWER DEADLINE: Answer due from GERALD SOLOMON and RALPH WARMAN due by 11/18/2013. Text-only entry; no PDF document to issue. This text-only entry constitutes the Court's order or notice on this matter. (njt)
November 6, 2013 Opinion or Order Filing 19 Consent MOTION for Ten Day Extension of Time to Respond to Plaintiff's #16 Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Attachment: #1 Proposed Order) (Pellis, Thomas) Modified on 11/7/2013. (jsp)
November 4, 2013 Opinion or Order Filing 18 MOTION for Leave to File a Brief in Excess of Twenty-Five Pages in support of their Motion to Dismiss Plaintiff's Amended Complaint by GERALD SOLOMON, RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 28, 2013 Opinion or Order Filing 17 CONSENT to Trial/Jurisdiction by US Magistrate Judge by GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
October 25, 2013 Opinion or Order Filing 16 First AMENDED COMPLAINT against DANA L. FAYOCK, JOHN A. KOPAS, III, GERALD SOLOMON, RALPH WARMAN, filed by DAVID MUNCHINSKI. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Geary, Noah) Modified on 10/28/2013. (plh, ) Modified on 10/6/2014. (jsp)
October 22, 2013 Opinion or Order Filing 15 CONSENT to Trial/Jurisdiction by US Magistrate Judge by DANA L. FAYOCK. (Willig, Robert)
October 21, 2013 Opinion or Order TEXT-ORDER granting #14 Motion for Extension of Time to Answer. DANA L. FAYOCK answer due 11/18/2013. Signed by Judge David S. Cercone on 10/21/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
October 18, 2013 Opinion or Order Filing 14 MOTION for Extension of Time to File Answer by DANA L. FAYOCK. (Attachments: #1 Proposed Order) (Willig, Robert)
October 18, 2013 Opinion or Order Filing 13 NOTICE of Appearance by Robert A. Willig on behalf of DANA L. FAYOCK. (Willig, Robert)
October 17, 2013 Opinion or Order Filing 12 ORDER Brief in Opposition to Motion to Dismiss due by 11/15/2013. Signed by Judge David S. Cercone on 10/17/13. (jmc)
October 4, 2013 Opinion or Order Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim filed by JOHN A. KOPAS, III. (Lloyd, Bethann)
October 4, 2013 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JOHN A. KOPAS, III. (Attachments: #1 Proposed Order) (Lloyd, Bethann)
October 4, 2013 Opinion or Order Filing 9 ORDER granting defendants' #7 Motion for Extension of Time to File a Responsive Pleading. Defendants' responsive pleading to plaintiff's complaint due by 11/4/13. Signed by Judge David S. Cercone on 10/3/13. (njt)
October 4, 2013 Opinion or Order TEXT-ORDER granting #5 Motion for Extension of Time to File Answer and/or Responsive Pleading. Answer/responsive pleading of all defendants due by 11/4/13. Signed by Judge David S. Cercone on 10/4/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's Order or Notice on the matter. (njt)
October 1, 2013 Opinion or Order Filing 8 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by RALPH WARMAN. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2013 Opinion or Order Filing 7 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by GERALD SOLOMON. (Attachments: #1 Proposed Order) (Pellis, Thomas)
October 1, 2013 Opinion or Order Filing 6 NOTICE of Appearance by Thomas P. Pellis on behalf of GERALD SOLOMON, RALPH WARMAN. (Pellis, Thomas)
September 27, 2013 Opinion or Order Filing 5 MOTION for Extension of Time to File Responsive Pleading re #1 Complaint, filed by DAVID MUNCHINSKI by JOHN A. KOPAS, III. (Attachment: #1 Proposed Order) (McLean, Jason) Modified on 9/30/2013. (jsp)
September 20, 2013 Opinion or Order Filing 4 NOTICE of Appearance by Jason R. McLean on behalf of JOHN A. KOPAS, III. (McLean, Jason)
September 20, 2013 Opinion or Order Filing 3 NOTICE of Appearance by Bethann R. Lloyd on behalf of JOHN A. KOPAS, III. (Lloyd, Bethann)
September 6, 2013 Opinion or Order 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. (kak)
September 4, 2013 Opinion or Order Summons Issued as to *DANA L. FAYOCK, JOHN A. KOPAS, III, GERALD SOLOMON, RALPH WARMAN* (jsp)
September 3, 2013 Opinion or Order Filing 1 COMPLAINT against DANA L. FAYOCK, JOHN A. KOPAS, III, GERALD SOLOMON, RALPH WARMAN (Filing fee, including Administrative fee, $400, receipt number 0315-2913239), filed by DAVID MUNCHINSKI. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Summons Gerald Solomon, #9 Summons Ralph Warman, #10 Summons John A. Kopas, III, #11 Summons Dana L. Fayock) (jsp)

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 this case: MUNCHINSKI v. SOLOMON et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: DAVID MUNCHINSKI
Represented By: Noah Geary
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GERALD SOLOMON
Represented By: Lee R. Demosky
Represented By: Thomas P. Pellis
Represented By: Alexander W. Brown
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: RALPH WARMAN
Represented By: Lee R. Demosky
Represented By: Thomas P. Pellis
Represented By: Alexander W. Brown
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: JOHN A. KOPAS, III
Represented By: Holly M. Whalen
Represented By: Bethann R. Lloyd
Represented By: Jason R. McLean
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DANA L. FAYOCK
Represented By: Mary Lynch Friedline
Represented By: Michael E. Kennedy
Represented By: Robert A. Willig
Represented By: Scott A. Bradley
Represented By: Justin A. Gayle
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?