HOUSER v. WIDENOUR et al

Plaintiff: HOUSER and DARIEN HOUSER
Defendant: WETZEL, DR. JIN, JOHN DOE, DORINA VARNER, LT. WILLIAMS, LT. SANTOYA, MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, LT. MCCLURE, NEDRA GREGO, C/O TENNANT, MR. WETZEL, NURSE WATSON, JANE/JOHN DOE, SGT. GEORGE, JOHN MCANANY, AMERICA SERVICE GROUP INC, C/O WIDENOR, MAIL ROOM SUPERVISOR D. GEEHRING, DOC CHIEF MEDICAL DIRECTOR, MR. GILMORE, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS, SGT. DEMASKE, MS. CLIETS, IRMA VIHLIDAL, PATRICK FELICE, DR. PARKS, LOUIS S. FOLINO, ALLEGHENY GENERAL HOSPITAL, DIAMOND PHARMACY, PHYSICIAN ASSISTANT MWUARA, BUREAU OF HEALTH CARE SERVICES, HICE, MR., UNIT MANAGER LONGSTRETH, JANE AND JOHN DOE, ANTHONY GUMBAREVIC, JANE & JOHN DOE and SGT. JENKINS
Case Number: 2:2016cv01039
Filed: July 14, 2016
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Greene
Presiding Judge: Cynthia Reed Eddy
Nature of Suit: Prisoner Civil Rights (Prison Condition)
Cause of Action: 42 U.S.C. § 1983 pr
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2019 Filing 223 CERTIFIED ORDER of USCA in lieu of formal MANDATE dismissing the appeal as to #221 Notice of Appeal filed by DARIEN HOUSER. (kr3)
April 23, 2019 Filing 222 USCA Case Number 19-1889 for #221 Notice of Appeal filed by DARIEN HOUSER. USCA Case Manager Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr3)
April 17, 2019 Filing 221 NOTICE OF APPEAL as to #219 Order, by DARIEN HOUSER. Motion for IFP Granted. 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. (Attachments: #1 Envelope) (jd)
March 26, 2019 Filing 220 JUDGMENT pursuant to Rule 58 entered in favor of Defendants C/O Widenor, Sgt. Demaske, Sgt. George, Lt. Santoya, Lt. McClure, and Lt. Williams and against Plaintiff, Darien Houser. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/26/2019. (bsc)
March 26, 2019 Filing 219 ORDER indicating, that for the reasons set forth in the accompanying Memorandum Opinion #218 , it is hereby ordered that the Motion for Summary Judgment filed by Defendants is granted in its entirety. The Clerk of Court shall mark this case closed. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/26/2019. (bsc)
March 26, 2019 Filing 218 MEMORANDUM OPINION indicating that, for reasons more fully stated within, the Motion for Summary Judgment #188 filed by Defendants will be granted. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/26/2019. (bsc)
October 30, 2018 Filing 217 RESPONSE to Motion re #188 MOTION for Summary Judgment filed by DARIEN HOUSER. (Attachments: #1 Exhibit 1, #2 Exhibits 2 through 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14, #10 Exhibit 15, #11 Exhibit 15, #12 Exhibit 16, #13 Exhibit 17, #14 Exhibit 18, #15 Exhibit 19, #16 Exhibit 20, #17 Exhibit 21, #18 Exhibit 22, #19 Exhibit 23) (sdp) Modified on 11/8/2018. (sms)
October 30, 2018 Filing 216 RESPONSE to #192 Concise Statement of Material Facts, filed by DARIEN HOUSER. (Attachments: #1 Envelope) (sdp)
September 13, 2018 Filing 215 ORDER denying as moot #214 Motion for Extension of Time to File Response/Reply in light of the extension granted to Plaintiff earlier today. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
September 13, 2018 Filing 214 MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by DARIEN HOUSER. (Attachments: #1 Envelope) (jd)
September 13, 2018 Filing 213 TEXT ORDER granting Plaintiff's #207 , #210 Motions for Extension of Time to File Response/Reply re #188 MOTION for Summary Judgment. Plaintiff's Response to Defendants' Motion for Summary Judgment is due by 10/26/2018. Defendants Reply, if any, is due by 11/9/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 9/13/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 12, 2018 Filing 212 ORDER GRANTING Consent to Proceed Before a US Magistrate Judge. Case reassigned to Magistrate Judge Magistrate Judge Cynthia Reed Eddy Signed by Judge Arthur J. Schwab on 9/12/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck)
September 12, 2018 Filing 211 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. (Senich, John)
September 11, 2018 Filing 210 MOTION to Extend Time to Respond by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (jd)
September 11, 2018 Filing 209 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DARIEN HOUSER. (Attachments: #1 Envelope) (jd)
September 10, 2018 Filing 208 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by DARIEN HOUSER. (Attachments: #1 Envelope) (jd)
September 10, 2018 Filing 207 MOTION for Extension of Time to File Response/Reply by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (jd)
September 4, 2018 Filing 206 TEXT ORDER deferring ruling on #204 Motion to Appoint Counsel until the Court has ruled on the pending motion for summary judgment. Generally, pursuant to LCvR 8 motions for appointment of counsel will not be granted until after dispositive motions have been resolved. Plaintiff is reminded that his response deadline to the pending summary judgment motion is 9/4/2018. If Plaintiff fails to respond, the motion will be decided without the benefit of his response. Signed by Magistrate Judge Cynthia Reed Eddy on 9/4/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 30, 2018 Filing 205 TEXT ORDER - Plaintiff's objections to the Magistrate Judge Denial of Plaintiff's Motion to Stay is DENIED. (ECF No. 203). A court has discretionary authority to grant a motion to stay. Cost Bros., Inc. v. Travelers Indem. Co., 760 F.2d 58, 60 (3d Cir. 1985). The decision of the magistrate judge to deny Plaintiff's request to stay all proceedings was neither clearly erroneous nor contrary to law. Plaintiff's request was for an indefinite stay, as he requested that all proceedings be stayed until either he has surgery or his wheelchair is returned. The complaint in this case was filed on 8/24/2016, discovery is now complete, and defendants have moved for summary judgment. At this stage in the litigation, the parties, and the public interest, deserve prompt final resolution. The Court notes that Plaintiff was granted an extension until 9/4/2018 to file his response to Defendants' summary judgment motion. Plaintiff is advised that his time would have been better spent responding to the summary judgment motion rather filing a Response to the Magistrate Judges order (ECF No. 199) and seven pages of objections. (ECF No. 203). Plaintiff has had more than sufficient time to respond to Defendants' motion for summary judgment. The response deadline of 9/4/2018 remains in effect. Signed by Judge Arthur J. Schwab on 8/30/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 29, 2018 Filing 204 MOTION to Appoint Counsel by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit 1, #2 Exhibit C, #3 Exhibit 1A, #4 Envelope) (jd) (Attachment 3 replaced on 8/29/2018) (jd).
August 29, 2018 Filing 203 OBJECTIONS to Mag. Judge Denial of Plaintiff Motion to Stay and Response to #197 Response to Motion, by DARIEN HOUSER filed by DARIEN HOUSER. (Attachments: #1 Envelope) (jd)
August 21, 2018 Filing 201 SUPPLEMENT by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS to #189 Brief in Support of Motion,. (Attachments: #1 Supplement Exhibits 13-19 Signed) (Senich, John)
August 20, 2018 Filing 202 US Marshal's Return as to service copies mailed executed on 6/6/18. (jd)
August 15, 2018 Filing 200 TEXT ORDER striking #199 RESPONSE to 195 Order on Motion to Stay, filed by DARIEN HOUSER pursuant to the District Court's Order dated April 24, 2018 at ECF No. 166. Signed by Magistrate Judge Cynthia Reed Eddy on 8/15/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
August 14, 2018 Filing 199 RESPONSE to 195 Order on Motion to Stay, filed by DARIEN HOUSER. (Attachments: #1 Envelope) (dm)
August 10, 2018 Filing 198 ORDER Supplementing Order entered 8/6/18 196 : Based on Defendants' Response #197 , the Court's Order denying stay remains unaltered; however, the Court will allow Plaintiff until September 4, 2018 to respond to Defendants' Corrected Motion for Summary Judgment. Defendants' Reply is due on or before September 18, 2018. No further extensions will be granted. Signed by Magistrate Judge Cynthia Reed Eddy on 8/10/18. (Eddy, J.)
August 9, 2018 Filing 197 RESPONSE to Motion re #193 MOTION to Stay filed by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. (Attachments: #1 Exhibit Phys Order and Declaration) (Senich, John)
August 6, 2018 Filing 196 TEXT ORDER re #194 Response filed by DARIEN HOUSER. First, contrary to Plaintiff's assertion, Defendants did in fact file a motion for summary judgment on 6/29/18 at ECF No. 178. The Motion however was not accompanied by a brief, appendix, or concise statement of material facts. Second, again contrary to Plaintiff's assertion, Defendants filed a corrected motion for summary judgment, brief, and appendix (ECF Nos. 188, 189, 190 ) on July 27, 2018. The Certificate of Service on these documents indicate that same were mailed to Plaintiff on July 27, 2018. It appears that defendants' filings and Plaintiff's "response" may have crossed in the mail as the postmark on Plaintiff's response is 8/2/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 8/6/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 6, 2018 Filing 195 TEXT ORDER denying #193 Plaintiff's Motion to Stay. However, Defendants shall respond by August 9, 2018 to Plaintiff's allegation that his wheelchair has been taken away from him. The Court will consider extending the time to respond to Defendants' motion for summary judgment depending upon Defendants' response. Signed by Magistrate Judge Cynthia Reed Eddy on 8/6/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 6, 2018 Filing 193 MOTION to Stay All Proceedings Due to Defendants Retaliatory Actions and Taking of Plaintiff Wheelchair by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit, #2 Envelope) (jd)
August 3, 2018 Filing 194 RESPONSE to 191 Order, regarding the Response Due to Motion for Summary Judgment filed by DARIEN HOUSER. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Envelope) (jd)
July 30, 2018 Filing 192 CONCISE STATEMENT OF MATERIAL FACTS re #188 Motion for Summary Judgment by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. (Senich, John)
July 30, 2018 Filing 191 ORDER re #188 Motion for Summary Judgment filed by WILLIAMS, DEMASKE, GEORGE, SANTOYA, MCCLURE, WIDENOR. Plaintiff's Response to the Motion for Summary Judgment is due by 8/27/2018. Defendants may file a Reply brief by 9/10/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 7/30/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
July 27, 2018 Filing 190 Appendix to #189 Brief in Support of Motion, by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. (Senich, John)
July 27, 2018 Filing 189 BRIEF in Support re #188 Motion for Summary Judgment filed by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. (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) (Senich, John)
July 27, 2018 Filing 188 MOTION for Summary Judgment by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
July 12, 2018 Filing 187 TEXT ORDER granting #185 MOTION to Withdraw #178 MOTION for Summary Judgment by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. Said motion is hereby withdrawn and Defendants are granted leave to file a renewed Motion for Summary Judgment on behalf of all DOC defendants along with all of the documents required by Local Rule of Civil Procedure 56 on or before July 27, 2018. Plaintiff's response to the motion for summary judgment shall be due 30 days after the date of the filing of the motion. Defendants may file a reply within 14 days of the filing of Plaintiff's response. Signed by Magistrate Judge Cynthia Reed Eddy on 7/12/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
July 12, 2018 Filing 186 ANSWER to #56 Amended Complaint, by MCCLURE, WILLIAMS. (Senich, John)
July 12, 2018 Filing 185 MOTION to Withdraw #178 MOTION for Summary Judgment by DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
July 12, 2018 Filing 184 NOTICE of Appearance by John P. Senich, Jr on behalf of MCCLURE, WILLIAMS. (Senich, John)
July 11, 2018 Filing 183 ORDER denying #181 Motion for In Camera Review In Camera Review of DOC Policy and Defendants' Disciplinary Records as the court has ruled on numerous occasions that these records are not discoverable in this case, there is no reason for the court to conduct such a review. Signed by Magistrate Judge Cynthia Reed Eddy on 7/11/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
July 10, 2018 Filing 182 TEXT ORDER denying #180 Motion for Entry of Default. Defendants are under no obligation to file a motion for summary judgment. The Court notes, however, that a motion for summary judgment was filed by Defendants on June 29, 2018 at (ECF No. #178 ). Signed by Magistrate Judge Cynthia Reed Eddy on 7/10/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
July 9, 2018 Filing 181 MOTION for In Camera Review of DOC Policy and Defendants Disciplinary Records by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (jd)
July 9, 2018 Filing 180 MOTION for Default Due to Defendants Failure to file Summary Judgment Motion against DEMASKE, GEORGE, MCCLURE, SANTOYA, WIDENOR, WILLIAMS by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (jd)
July 9, 2018 Filing 179 TEXT ORDER re #178 Motion for Summary Judgment filed by DEMASKE, GEORGE, SANTOYA, WIDENOR. Defendants have not complied with Local Civil Rule 56 which requires that all motions for summary judgment must be accompanied by a concise statement of material facts, memorandum in support, and appendix. Accordingly, by July 13, 2018, defendants shall comply with LCvR 56 or their motion for summary judgment will be stricken. Further, Defendants shall indicate on the certificate of service when these documents were mailed to Plaintiff. Signed by Judge Arthur J. Schwab on 7/9/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
June 29, 2018 Filing 178 MOTION for Summary Judgment by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
June 15, 2018 Filing 177 TEXT ORDER granting #176 Second MOTION for Extension of Time to File Motion for Summary Judgment by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motions for Summary Judgment are due by 6/28/2018; Responses to Motions for Summary Judgment are due by 7/30/2018; Replies are due by 8/13/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 6/15/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
June 14, 2018 Filing 176 Second MOTION for Extension of Time to File Motion for Summary Judgment by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
June 4, 2018 Filing 175 ORDER: IT IS ORDERED that the United States Marshal is directed to mail a copy of the Amended Complaint, notice of lawsuit and request for waiver of service of summons, and waiver, and this order to Defendants LT. MCCLURE and LT. WILLIAMS as directed by the Plaintiff, costs to be advanced by the United States of America. The Defendants are requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Cynthia Reed Eddy on 6/4/2018. (sms)
June 1, 2018 Filing 174 TEXT ORDER denying #173 Motion for mediator. Given that the Court previously ruled that DOC policies 6.3.1, 6.5.1, and 6.5.8 are not discoverable based on security risk, the request to have a mediator review these policies is denied. See also Bailey v. McMahon, 2012 WL 1246147, at *7 (MD Pa 2012) (finding that Policies "6.3.1 and 6.5.1 contain DOC's confidential policy / procedures for facility security and control with detailed instructions on the implementation of those procedures.") Signed by Judge Arthur J. Schwab on 6/1/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
May 30, 2018 Filing 173 MOTION for Mediator by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (plh)
May 15, 2018 Filing 172 TEXT ORDER striking #171 NOTICE to the Court and Clerk by DARIEN HOUSER pursuant to the District Court's Order of 4/24/2018. See ECF No. 166. Signed by Magistrate Judge Cynthia Reed Eddy on 5/15/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
May 14, 2018 Filing 171 NOTICE to the Court and Clerk by DARIEN HOUSER. (Attachments: #1 Envelope Notice mailed in) (ksa)
May 10, 2018 Filing 170 ORDER granting #169 Motion for Extension of Time to File summary judgment motions. Motions for summary judgment are due by June 14, 2018; responses due by July 16, 2018. Signed by Magistrate Judge Cynthia Reed Eddy on 5/10/2018. (bsc)
May 10, 2018 Filing 169 MOTION for Extension of Time to File by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
May 1, 2018 Filing 168 TEXT ORDER - Plaintiff again asks the Court for production of DOC policies 6.5.1 and 6.5.8, which the Court has previously ruled are not discoverable based on security risk. See Text Order 166 , a copy of which is attached. If Plaintiff desires that the undersigned no longer participate in this case, Plaintiff should sign the enclosed consent form and send same back to the Clerk of Court for filing (in the stamped and addressed envelope provided). Signed by Judge Arthur J. Schwab on 5/1/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
April 30, 2018 Filing 167 RESPONSE to 163 Text-only Order dated 4/19/2018 filed by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
April 24, 2018 Filing 166 TEXT ORDER re #165 Response filed by DARIEN HOUSER, which the Court has construed as an appeal to the district court. Plaintiff is admonished that he should not file Responses to Orders issued by the Magistrate Judge. To the extent that Plaintiff is requesting that the District Judge review an Order issued by the Magistrate Judge, the proper procedure is for Plaintiff to file an appeal of the Magistrate Judge Order to the District Judge. The Court will no longer entertain Notices or Responses to Orders filed by Plaintiff. Any such filings will be returned to Plaintiff without consideration from the Court. All motions must be in the proper format. The Court sustains Defendants' objections #158 regarding providing Plaintiff copies of policies 6.5.1 and 6.5.8 based on security risk. If Plaintiff intends to substitute names for the John Doe Defendants based upon Defendants' response #164 , he must do so by May 14, 2018. The parties are again reminded that motions for summary judgment shall be filed by May 14, 2018. Signed by Judge Arthur J. Schwab on 4/24/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
April 23, 2018 Filing 165 RESPONSE to 161 Text-only Order dated 4/12/2018 filed by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
April 23, 2018 Filing 164 RESPONSE to Motion re w/ #158 MOTION to Add & Identify John Doe Defendants filed by DEMASKE, GEORGE, SANTOYA, WIDENOR. (Attachments: #1 Exhibit) (Senich, John) Modified on 4/25/2018. (jsp)
April 19, 2018 Filing 163 TEXT ORDER re #162 Objections filed by DARIEN HOUSER. The Court has construed Plaintiff's filing which is entitled "Response and Objection to Magistrate Judge Order (doc. 159)" as an appeal to the district court. Because the Order of 4/10/2018 (Doc. 159) was for a non-dispositive matter under 28 U.S.C. 636(b)(1)(A) it will not be disturbed unless it is found to be clearly erroneous or contrary to law. The Court has reviewed Plaintiff's original objections (Doc. 158) and the Order (Doc. 159) and concludes that the decision and Order of the Magistrate Judge was neither clearly erroneous nor contrary to law. Accordingly, Plaintiff's appeal is DENIED. The parties are reminded that motions for summary judgment shall be filed by 5/14/2018. Signed by Judge Arthur J. Schwab on 4/19/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
April 18, 2018 Filing 162 RESPONSE and OBJECTION to 159 Text-only Order by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
April 12, 2018 Filing 161 TEXT ORDER denying #160 Motion to Stay Motion for Summary Judgment Deadline. However, the Court will extend the deadline for filing Motions for Summary Judgment to 5/14/2018, Responses to Motions for Summary Judgment to 6/14/2018, and Replies to 6/28/2018. Defendants' obligation to file a Response to #158 remains and said Response shall be filed by 4/24/2018. In their Response, Defendants shall 1) state whether the John Does are Lt. McClure and Lt. Williams or correctly identify the supervisors on 12/21/2015 and 12/23/2015, 2) state whether the supervisors are currently employed by DOC, 3) provide the document carried by supervisory Lt. on 12/21/2015 and 12/23/2015 that indicates what cells the officers searched. Signed by Magistrate Judge Cynthia Reed Eddy on 4/12/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
April 11, 2018 Filing 160 MOTION to Stay Motion for Summary Judgment Deadline by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order) (Senich, John) Modified on 4/12/2018. (jsp)
April 10, 2018 Filing 159 ORDER re #158 Objections and Motion to Add & Identify John Doe Defendants filed by DARIEN HOUSER: On or before 4/24/18, Defendants shall respond to Plaintiff's request for the following and file said response with the Court: Any emails as requested by Plaintiff (par. b); state whether the John Does are Lt. McClure and Lt. Williams or correctly identify the supervisors on 12/21/15 and 12/23/15 and provide the document carried by supervisory Lt. (Par. d);Policies 6.5.1 and 6.5.8 (Par. e); any discipline record of defendants related to the incidents at issue on 12/21/15 and 12/23/15 (Par f); Any evidence of an "exemption: for Plaintiff (Par. g). To the extent Defendants have any objection to these requests, they shall so state in their response. Additional requests by Plaintiff in ECF No. 158 are denied as argumentative. Signed by Magistrate Judge Cynthia Reed Eddy on 4/10/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) Modified on 4/11/2018. (jsp)
April 9, 2018 Filing 158 OBJECTIONS to DOC Defendants Response to Plaintiff's Motion for Discovery by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
April 9, 2018 w/ #158 MOTION to Add & Identify John Doe Defendants by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (jsp)
March 26, 2018 Filing 157 TEXT ORDER denying #155 MOTION for Reconsideration re 153 Text-Only Order dated 3/15/2018 on Motion for Leave to File by DARIEN HOUSER. The Court has considered the Motion for Reconsideration, and concludes that there no clear error of law or fact in the previous Order which must be corrected in order to prevent manifest injustice. The Motion is therefore denied. Signed by Magistrate Judge Cynthia Reed Eddy on 3/26/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
March 26, 2018 Filing 156 ORDER granting #154 First MOTION for Extension of Time to File Response/Reply as to Response, 153 Order on Motion for Leave to File, "First Discovery" Response, First MOTION for Extension of Time to File Motion for Summary Judgment by DEMASKE, GEORGE, SANTOYA, WIDENOR. Defendants' Response to #152 due by 3/30/2018; Motion for Summary Judgment due by 4/13/2018; Response to Summary Judgment due by 5/14/2018; Reply brief due by 5/29/2018 as more fully set forth in the attached Order. Signed by Magistrate Judge Cynthia Reed Eddy on 3/26/2018. (sms)
March 23, 2018 Filing 155 EMERGENCY NOTICE by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
March 23, 2018 Filing 154 First MOTION for Extension of Time to File Response/Reply as to Response, 153 Order on Motion for Leave to File, "First Discovery" Response, First MOTION for Extension of Time to File Motion for Summary Judgment by DEMASKE, GEORGE, SANTOYA, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
March 23, 2018 w/ #155 MOTION for Reconsideration re 153 Text-Only Order dated 3/15/2018 on Motion for Leave to File by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (jsp)
March 15, 2018 Filing 153 ORDER granting in part and denying in part #152 Motion for Leave to File to File First Discovery Request. Plaintiff's "First Discovery" is untimely as discovery closed on 2/28/18 and Plaintiff was to have informed the court of any additional discovery requests no later than 1/29/18 #141 ; however, the court will allow the requests in Plaintiff's motion to the extent that the requests are limited specific policies in place on 12/21/15 and 12/23/15 which are not confidential for security concerns and the other requests which are limited to those dates specified above and which were not previously provided to Plaintiff. Defendants shall provided the additional discovery to Plaintiff on or before 3/23/18.The court reviewed the documents that Plaintiff submitted as "confusing, prejudice [and] misleading" and was able to read the documents. If there is a particular document that is illegible that Plaintiff intends to use in a motion, he should identify that document to the court by 3/23/18 and the court will consider requiring defendants to reproduce the document. The court will not require Defendants to recopy documents that were "two-sided"; however, in the future Defendants should not provide documents in this manner. If the Plaintiff wishes to attach any "two-sided" document in support of a motion he may do so and the court will review both sides of the document. Further, the court will not allow any further discovery as discovery is closed. Further, the court will not amend the Case Management Order #141 . Summary Judgment Motions remain due on or before March 30, 1018. Signed by Magistrate Judge Cynthia Reed Eddy on 3/15/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
March 13, 2018 Filing 152 MOTION for Leave to File First Discovery Request by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit, #2 Envelope) (jsp) Modified to replace Attachment 1 on 3/22/2018 as both sides of the document had not been scanned. (sms).
March 13, 2018 w/ #152 RESPONSE to #151 Notice of Compliance, filed by DARIEN HOUSER. (jsp)
February 14, 2018 Filing 151 NOTICE of Compliance to the Court re 150 Order, by John P. Senich, Jr on behalf of DEMASKE, GEORGE, SANTOYA, WIDENOR (Senich, John) Modified on 2/15/2018. (jsp)
February 12, 2018 Filing 150 ORDER re #148 Notice filed by DARIEN HOUSER, #149 Notice filed by DARIEN HOUSER: Defendants are hereby Ordered to resend discovery to Plaintiff on or before 2/16/18 and Plaintiff is Ordered to accept said discovery. Further, Defendants are to file a notice of compliance with the Court after sending said discovery. Further, Plaintiff shall take note that the caption of this case was changed after numerous Defendants, including Defendant Wetzel, were terminated from this case. Signed by Magistrate Judge Cynthia Reed Eddy on 2/12/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
February 12, 2018 Filing 149 NOTICE to the Court by DARIEN HOUSER (Attachment: #1 Envelope) (jsp)
February 12, 2018 w/ #149 RESPONSE to 147 Docket Text Order, filed by DARIEN HOUSER. (jsp)
February 7, 2018 Filing 148 NOTICE to the Court by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
February 7, 2018 w/ #148 RESPONSE to #145 Response to #143 Motion to Compel Discovery filed by DARIEN HOUSER. (jsp)
February 2, 2018 Filing 147 ORDER denying #143 Motion for Entry of Default of Order to Produce Discovery and All Records Concerning Alleged Incident or Incidents. Defendants responded that they sent the discovery which was the subject or the Court's order to Plaintiff on December 22, 2017. Plaintiff refused to accept the discovery stating the packaged appeared to Plaintiff to have been opened. The discovery was resent to Plaintiff on January 30, 2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/2/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.)
January 31, 2018 Filing 146 NOTICE to the Court by DARIEN HOUSER re 144 Text-only Order dated 1/234/2018, #143 Motion for Default. (Attachment: #1 Envelope) (jsp)
January 31, 2018 Filing 145 RESPONSE to Motion re #143 MOTION for Default of Order to Produce Discovery and All Records Concerning Alleged Incident or Incidents filed by DEMASKE, GEORGE, SANTOYA, WIDENOR. (Attachments: #1 Exhibit Inmate Returned Discovery, #2 Exhibit Original Transmittal Ltr) (Senich, John)
January 24, 2018 Filing 144 ORDER. Response/Briefing Schedule re #143 Motion for Default, which the Court construes as a motion to compel discovery. Defendants' Responses are due by 1/31/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 1/24/18. (Eddy, J.)
January 22, 2018 Filing 143 MOTION for Default of Order to Produce Discovery and All Records Concerning Alleged Incident or Incidents by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
January 18, 2018 Filing 142 NOTICE Re: Magistrate Judge Consent Information. (eet)
November 28, 2017 Filing 141 CASE MANAGEMENT ORDER: Discovery due by 2/28/2018; Motions for Summary Judgment due by 3/30/2018; Responses to Motions for Summary Judgment due by 4/30/2018; Reply briefs due by 5/14/2018 as more fully set forth in the attached Order. Signed by Magistrate Judge Cynthia Reed Eddy on 11/28/2017. (sms)
November 22, 2017 Filing 140 MEMORANDUM ORDER ADOPTING #135 Report and Recommendations and GRANTING #127 Motion to Dismiss filed by Defendants Jin, Park, Mwaura, Clites, and Hice. All claims against those Defendants are dismissed with prejudice and those Defendants are dismissed from the action. The only claims remaining in this case are against Department of Corrections Defendants Demaske, George, Widenor, Santova, John Doe Corrections Officer, and John Doe Supervising Lieutenant arising from the allegations contained in Paragraphs 17, 18, and 20 of #56 the Amended Complaint. This matter is referred back to Magistrate Judge Eddy for all further pretrial proceedings. Signed by Judge Arthur J. Schwab on 11/22/2017. (eet)
November 16, 2017 Filing 139 ANSWER to #56 Amended Complaint by DEMASKE, GEORGE, SANTOYA, WIDENOR. (Senich, John) Modified on 11/17/2017. (jsp)
November 15, 2017 Filing 138 OBJECTIONS and Response to #135 Report and Recommendation by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
November 3, 2017 Update Answer Deadline: DOC Defendants DEMASKE, GEORGE, SANTOYA AND WIDENOR shall file an Answer to Plaintiff's Amended Complaint by 11/17/2017. (bsc)
October 26, 2017 Filing 137 ORDER re #136 Notice filed by DARIEN HOUSER, which the Court construes as a motion. For the reasons set forth in the Memorandum Order, the motion is DENIED. Signed by Judge Arthur J. Schwab on 10/26/2017. (bsc)
October 25, 2017 Filing 136 NOTICE to the Court by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
October 24, 2017 Filing 135 REPORT AND RECOMMENDATION re #127 MOTION to Dismiss re #56 Amended Complaint filed by Defendants Jin, Park, Mwaura, Clites, and Hice. It is respectfully recommended that the motion be granted and Defendants Jin, Park, Mwaura, Clites, and Hice be dismissed with prejudice. Defendants' written objections, if any, are due by 11/7/2017. Plaintiff's written objections are due by 11/13/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 10/24/2017. (bsc)
October 10, 2017 Filing 134 MEMORANDUM ORDER granting in part and denying in part #96 the DOC Defendants' Motion to Dismiss for Failure to State a Claim. The Report and Recommendation #126 is ADOPTED, as supplemented, as the Opinion of the Court. It is further ORDERED that Plaintiff's #130 Motion for Leave to Amend is DENIED. The matter is referred back to Magistrate Judge Eddy for all further pretrial proceedings. Signed by Judge Arthur J. Schwab on 10/10/2017. (bsc)
September 28, 2017 Filing 133 EMERGENCY NOTICE to the Court and Court Clerk's Office by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
September 20, 2017 Filing 132 OBJECTIONS and Response to #126 Report and Recommendation by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
September 19, 2017 Filing 131 EMERGENCY NOTICE to the Court by DARIEN HOUSER re #130 Motion for Leave to File. (Attachments: #1 Exhibit, #2 Envelope) (jsp)
September 13, 2017 Filing 130 MOTION for Leave to File Amend Complaint and Proposed Amend Complaint by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
September 6, 2017 Filing 129 TEXT ORDER Response/Briefing Schedule re #127 MOTION to Dismiss re #56 Amended Complaint by CLIETS, HICE, MR, DR. JIN, MWUARA, PARKS. Plaintiff's Response is due by 10/6/2017. Defendants' Reply due by 10/20/2017. Plaintiff is advised that failure to comply with this Order may result in the Motion to Dismiss being decided without the benefit of his response. Signed by Magistrate Judge Cynthia Reed Eddy on 9/6/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
September 6, 2017 Filing 128 BRIEF in Support re #127 Motion to Dismiss filed by CLIETS, HICE, MR, DR. JIN, MWUARA, PARKS. (Temas, Tiffany)
September 6, 2017 Filing 127 MOTION to Dismiss re #56 Amended Complaint by CLIETS, HICE, MR, DR. JIN, MWUARA, PARKS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Temas, Tiffany)
August 30, 2017 Filing 126 REPORT AND RECOMMENDATION re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LOUIS S. FOLINO, TENNANT, WATSON, JENKINS, SANTOYA, IRMA VIHLIDAL, DEMASKE, NEDRA GREGO, LONGSTRETH, ANTHONY GUMBAREVIC, DORINA VARNER, JOHN MCANANY, PATRICK FELICE, GILMORE, GEORGE, WIDENOR, WETZEL. It is recommended that the motion be granted in part and denied in part as stated more fully in the report. Defendants' written objections to R&R due by 9/13/2017. Plaintiff's written objections due by 9/18/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 08/30/2017. (bsc)
August 29, 2017 Filing 125 WAIVER OF SERVICE Returned Executed by HICE, MR. HICE, MR waiver sent on 8/22/2017, answer due 10/23/2017. (Temas, Tiffany)
August 29, 2017 Filing 124 NOTICE of Appearance by Tiffany Temas on behalf of HICE, MR. (Temas, Tiffany)
August 29, 2017 Filing 123 NOTICE of Appearance by Samuel H. Foreman on behalf of HICE, MR. (Foreman, Samuel)
August 22, 2017 Filing 122 US Marshal's Return as to Order, Complaint, Notice and Waiver Mailed per Court Order on 8/22/2017 as to defendant Hice. (jsp)
August 17, 2017 Filing 121 ORDER: IT IS ORDERED that the United States Marshal is directed to mail a copy of the Amended Complaint, notice of lawsuit and request for waiver of service of summons, and waiver, and this order to Defendant MR. HICE, costs to be advanced by the United States of America. Defendant MR. HICE is requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Cynthia Reed Eddy on 8/17/2017. (sms)
August 15, 2017 Filing 120 TEXT ORDER re #56 Amended Complaint filed by DARIEN HOUSER. Defendants Jin, Parks, Mwaura, and Clites shall respond to Plaintiff's Amended Complaint by September 6, 2017. Signed by Magistrate Judge Cynthia Reed Eddy on 8/15/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 9, 2017 Filing 119 NOTICE to the Court by DARIEN HOUSER re #96 Motion to Dismiss for Failure to State a Claim. (Attachment: #1 Envelope) (jsp)
July 28, 2017 Filing 118 TEXT ORDER re #116 Notice filed by DARIEN HOUSER. The caption of the document attached to Plaintiff's Notice indicates that Plaintiff may once again be objecting to the report and recommendation filed on 5/26/17 (ECF No. #92 ) and adopted by this court on 6/22/2017 (ECF No. #109 ). To the extent that Plaintiff is renewing his objections, any objections are denied as duplicitous and untimely. Plaintiff filed objections on 6/16/2017 (ECF No. #95 ) and such objections previously were fully considered and denied by the Court. Signed by Judge Arthur J. Schwab on 07 /28/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
July 28, 2017 Filing 117 TEXT ORDER re #116 Notice with "partial" Response to DOC Defendants' Motion to Dismiss filed by DARIEN HOUSER. On 7/18/2017, the Court received Plaintiff's Motion for Extension of time to respond to the outstanding motion, which was dated 7/12/2017, two days before his response to the motion was due. (ECF No. #114 ). On 7/19/2017, the Court granted Plaintiff's request and extended his response date to 8/7/2017. The Court has now received a "notice" filed at ECF No. #116 , from Plaintiff with an attachment that Plaintiff calls a "partial" response to the motion to dismiss. The Court will hold this partial response until 8/7/2017. If Plaintiff wishes to supplement this "partial response" he must do so by 8/7/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 07 /28/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
July 21, 2017 Filing 116 NOTICE to the Court by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
July 21, 2017 w/ #116 OBJECTIONS to #109 Order on Report and Recommendations, by DARIEN HOUSER. (jsp)
July 21, 2017 w/ #116 OBJECTIONS to #92 Report and Recommendation by DARIEN HOUSER. (jsp)
July 21, 2017 w/ #116 RESPONSE to Motion re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DARIEN HOUSER. (jsp)
July 19, 2017 Filing 115 TEXT ORDER granting #114 Motion for Extension of Time to File Response as to #96 the DOC Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff shall file a response by 8/7/2017. Defendants, if they so choose, may file a Reply by 8/21/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 7/19/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
July 18, 2017 Filing 114 MOTION for Extension of Time to File Response as to #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
July 6, 2017 Filing 113 MEMORANDUM ORDER granting #99 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims against Major Pharmaceuticals and Rugby Laboratories are dismissed and those Defendants are dismissed from the case. Signed by Judge Arthur J. Schwab on 7/6/17. (eet)
June 30, 2017 Filing 112 NOTICE of Appearance by John P. Senich, Jr on behalf of DOC CHIEF MEDICAL DIRECTOR. (Senich, John)
June 30, 2017 Filing 111 TEXT ORDER denying #110 Motion for Reconsideration. Plaintiff argues that the Text Order of 6/14/2017 93 which states that Plaintiff seeks to add four new defendants is misleading and NOT TRUE. (emphasis in original). Plaintiff states that the only new defendants would be CHRA William Nicholson and PA Ridings. However, Paragraph 4 of the original motion references a new Jane Doe Doctor and Paragraph 5 references the new successor Health Care administrator Mr. Williams. Accordingly, the Court read Plaintiff's motion as wanting to add Nicholson, Riding, new Jane Doe Doctor, and Mr. Williams. Again, if Plaintiff believes he has suffered new wrongs at the hands of new individuals not already named as a defendant in his Amended Complaint, he must file a separate lawsuit asserting those claims.. Signed by Judge Arthur J. Schwab on 6/30/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
June 23, 2017 Filing 110 MOTION for Reconsideration re 93 Order on Motion for Leave to File Supplemental Complaint to Add New Defendants and New Claims by DARIEN HOUSER. Motion referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (ept) Modified on 6/23/2017 to correct document link. (bsc)
June 22, 2017 Filing 109 MEMORANDUM ORDER adopting #92 Report and Recommendations, GRANTING #65 Defendant America Service Group, Inc.'s Motion to Dismiss; GRANTING #67 Defendant Diamond Pharmacy Service's Motion to Dismiss; and GRANTING #69 Defendant Allegheny General Hospital's Motion to Dismiss. These Defendants shall be dismissed from this action. Signed by Judge Arthur J. Schwab on 06/22/2017. (eet)
June 22, 2017 Filing 108 TEXT ORDER denying #94 Plaintiff's Motion for Leave to Add Defendants Department of Corrections, Corizon and Jane and John Doe Parent Company and Medical Provider. Plaintiff has provided no basis for allowing leave to amend. If Plaintiff believes he has suffered new wrongs at the hands of new individuals / entities not already named as a defendant in his Amended Complaint, he must file a separate lawsuit asserting those claims. Signed by Judge Arthur J. Schwab on 6/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
June 22, 2017 Filing 107 TEXT ORDER Response/Briefing Schedule re #96 Motion to Dismiss for Failure to State a Claim filed by the DOC Defendants. Response to Motion due by 7/14/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 6/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
June 21, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #106 Response in Opposition. ERROR: Document was not linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (ept)
June 20, 2017 Filing 106 RESPONSE IN OPPOSITION to #95 Objections to Report and Recommendation filed by AMERICA SERVICE GROUP INC. (Hatzell, John) Modified on 6/21/2017 to add document linkage. (ept)
June 20, 2017 Filing 105 TEXT ORDER granting #103 Motion for Erika Dackin Prouty to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 6/20/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
June 20, 2017 Filing 104 TEXT ORDER granting #102 Motion for Trischa Snyder Chapman to Appear Pro Hac Vice. Signed by Magistrate Judge Cynthia Reed Eddy on 6/20/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
June 19, 2017 Filing 103 MOTION for attorney Erika Dackin Prouty to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4369439) by MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Prouty, Erika)
June 19, 2017 Filing 102 MOTION for attorney Trischa Snyder Chapman to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4369435) by MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Chapman, Trischa)
June 19, 2017 Filing 101 Disclosure Statement identifying Cardinal Health, Inc. as corporate parent or other affiliate, by MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS. (Hittinger, Carl)
June 19, 2017 Filing 100 BRIEF in Support re #99 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS. (Hittinger, Carl)
June 19, 2017 Filing 99 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Hittinger, Carl)
June 19, 2017 Filing 98 BRIEF in Support (Titled as a motion though) re #94 Motion for Leave to Add Defendants; Department of Corrections, Corizon and Jane and John Doe Parent Company and Medical Center filed by DARIEN HOUSER. (Attachment(s): #1 Envelope) (jv).
June 19, 2017 Filing 97 BRIEF in Support re #96 Motion to Dismiss for Failure to State a Claim, filed by DEMASKE, PATRICK FELICE, LOUIS S. FOLINO, D. GEEHRING, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, LONGSTRETH, JOHN MCANANY, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR. (Senich, John)
June 19, 2017 Filing 96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DEMASKE, PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, LONGSTRETH, JOHN MCANANY, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR. Motion(s) referred to Cynthia Reed Eddy.
June 16, 2017 Filing 95 OBJECTIONS to #92 Report and Recommendation by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
June 16, 2017 Filing 94 MOTION for Leave to Add Defendants Department of Corrections, Corizon and Jane and John Doe Parent Company and Medical Center by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
June 14, 2017 Filing 93 TEXT ORDER denying #82 Plaintiff's Motion for Leave to File Supplemental Complaint to Add New Defendants and New Claims. Plaintiff seeks to add four new defendants for various claims including failure to provide adequate medical treatment, denial of his orthopedic braces, retaliation, mail tampering / interference with religious practices, and manufacturing false evidence. Plaintiff alleges that these individuals have purportedly continued the course of their predecessors. If Plaintiff believes he has suffered new wrongs at the hands of new individuals not already named as a defendant in his Amended Complaint, he must file a separate lawsuit asserting those claims. Signed by Judge Arthur J. Schwab on 06/14/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
May 26, 2017 Filing 92 REPORT AND RECOMMENDATION re #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY GENERAL HOSPITAL, #67 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) filed by DIAMOND PHARMACY, #65 and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for More Definite Statement filed by AMERICA SERVICE GROUP INC. It is respectfully recommended that each of these motions be granted. Defendants' written Objections to R&R due by 6/13/2017. Plaintiff's written Objections due by 6/16/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 5/26/2017. (bsc)
May 25, 2017 Filing 91 RESPONSE IN OPPOSITION to #82 Motion for Leave to File, Motion to Add New Defendants and Claims, filed by CLIETS, DR. JIN, MWUARA, PARKS. (Temas, Tiffany) Modified on 5/26/2017. (jsp)
May 22, 2017 Filing 90 WAIVER OF SERVICE Returned Executed by D. GEEHRING. D. GEEHRING waiver sent on 4/20/2017, answer due 6/19/2017. (Senich, John)
May 22, 2017 Filing 89 NOTICE of Appearance by John P. Senich, Jr on behalf of D. GEEHRING. (Senich, John)
May 22, 2017 Filing 88 RESPONSE to #84 Brief in Opposition to Motion, filed by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
May 18, 2017 Filing 87 ORDER granting #86 Motion to Withdraw as Attorney. Attorney John P. Senich, Jr terminated as to Defendant MS. CLIETS. Signed by Magistrate Judge Cynthia Reed Eddy on 5/18/2017. (sms)
May 18, 2017 Filing 86 MOTION to Withdraw Waiver of Service on behalf of Renee Cliets by CLIETS. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order) (Senich, John) Modified on 5/22/2017. (jsp)
May 15, 2017 Filing 85 REPLY to Response to Motion re #80 Response to Motion, filed by ALLEGHENY GENERAL HOSPITAL. (Kelly, Erica)
May 12, 2017 Filing 84 BRIEF in Opposition re #82 Motion for Leave to File Supplemental Complaint, Motion to Add New Defendants and Claims filed by AMERICA SERVICE GROUP INC. (Hatzell, John) Modified on 5/15/2017. (jsp)
May 11, 2017 Filing 83 TEXT ORDER Response/Briefing Schedule re #82 Motion for Leave to File Supplemental Complaint and/or Add New Defendants. Defendants shall file a Response to Plaintiff's motion by 5/25/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 5/11/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
May 10, 2017 Filing 82 MOTION for Leave to File Supplemental Complaint,and/or MOTION to Add New Defendants and Claims by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
May 2, 2017 Filing 81 NOTICE to the Clerk by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
May 2, 2017 Filing 80 RESPONSE to Motion re #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #67 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6), #65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
April 20, 2017 Filing 79 US Marshal's Return as to Order, Complaint, Notice and Waiver Mailed per Court Order on 4/20/2017 as to defendants DOC Chief Medical Director, Mail Room Supervisor D. Geehring, Mr. Hice-Corrections Health Care Manager, Manufactures of Lubrisoft Lotion/Major Pharmaceuticals, Manufacture of Rugby Anti Dandruff Shampoo/Rugby Laboratories. (jsp)
April 14, 2017 Filing 78 ORDER denying #76 Plaintiff's Motion for Emergency Injunction Relief. The federal courts are not overseers of the day-to-day management of prisons. It is well settled that a prisoner has no federal liberty interest guaranteeing that he remain in a particular prison, be transferred to another correctional facility, or be prevented from transferring to another correctional facility. If Plaintiff believes he is being retaliated against, he should file an appropriate administrative grievance. Signed by Judge Arthur J. Schwab on 4/14/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
April 14, 2017 Filing 77 ORDER: IT IS ORDERED that the United States Marshal is directed to mail a copy of the Amended Complaint, notice of lawsuit and request for waiver of service of summons, and waiver, and this order to Defendants MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS, MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, DOC CHIEF MEDICAL DIRECTOR, MR. HICE, and MAIL ROOM SUPERVISOR D. GEEHRING as directed by the Plaintiff, costs to be advanced by the United States of America. The Defendants are requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Cynthia Reed Eddy on 4/14/2017. (sms)
April 13, 2017 Filing 76 MOTION for Emergency Injunction Relief by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit, #2 Envelope) (jsp)
April 13, 2017 w/ #76 NOTICE to the Court by DARIEN HOUSER. (jsp)
April 12, 2017 Filing 75 ORDER denying #73 Motion for Preliminary Injunction and denying as moot #74 Motion to Stay. Signed by Judge Arthur J. Schwab on 4/12/2017. (bsc)
April 5, 2017 Filing 74 MOTION for Stay of All Proceedings by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Exhibit, #2 Envelope) (jsp) (Attachment 1 replaced on 5/3/2017) (sms).
April 5, 2017 Filing 73 MOTION for Preliminary Injunction by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
March 31, 2017 Filing 72 Proposed Order re #67 Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) by DIAMOND PHARMACY. (DeMarco, John)
March 30, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #65 Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for More Definite Statement. This message is for informational purposes only. (jsp)
March 30, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #67 Motion to Dismiss. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to promptly file a proposed order by using the Proposed Order event and linking it to the document in question. Filer should NOT re-file the motion. This message is for informational purposes only. (jsp)
March 29, 2017 Filing 71 MEMORANDUM ORDER. Response/Briefing Schedule re #65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AMERICA SERVICE GROUP INC., #67 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) by DIAMOND PHARMACY, #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALLEGHENY GENERAL HOSPITAL. Plaintiff's Responses due by 5/1/2017. Defendants' Replies due by 5/15/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 3/29/2017. (sms) Modified on 3/31/2017. (jsp)
March 28, 2017 Filing 70 BRIEF in Support re #69 Motion to Dismiss for Failure to State a Claim filed by ALLEGHENY GENERAL HOSPITAL. (Kelly, Erica)
March 28, 2017 Filing 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #56 Amended Complaint by ALLEGHENY GENERAL HOSPITAL. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Proposed Order) (Kelly, Erica) Modified on 3/30/2017. (jsp)
March 28, 2017 Filing 68 BRIEF in Support re #67 Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) filed by DIAMOND PHARMACY. (DeMarco, John)
March 28, 2017 Filing 67 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) by DIAMOND PHARMACY. Motion(s) referred to Cynthia Reed Eddy. (DeMarco, John)
March 28, 2017 Filing 66 BRIEF in Support re #65 Motion to Dismiss for Failure to State a Claim or in the alternative, Motion for More Definite Statement filed by AMERICA SERVICE GROUP INC. (Hatzell, John) Modified on 3/30/2017. (jsp)
March 28, 2017 Filing 65 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AMERICA SERVICE GROUP INC. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Hatzell, John). Added MOTION for More Definite Statement on 3/30/2017 (jsp).
March 23, 2017 Filing 64 NOTICE of Appearance by John J. Hatzell, Jr on behalf of AMERICA SERVICE GROUP INC. (Hatzell, John)
March 22, 2017 Filing 63 ORDER FOR SERVICE DOCUMENTS: Plaintiff shall provide the Court with proper instructions for service upon those Defendants newly named in the Amended Complaint including a U.S. Marshal Form 285 for each defendant, a completed notice and waiver of summons for each defendant on or before 4/5/2017. Failure to comply with this Order may result in dismissal of this action. No extensions will be granted without good cause. Signed by Magistrate Judge Cynthia Reed Eddy on 3/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
March 22, 2017 Filing 62 TEXT ORDER granting #61 First MOTION for Extension of Time to File Response as to #59 Notice, #56 Amended Complaint, by WETZEL. The deadline for all Defendants to file a response to the #59 Amended Complaint will be set once service has been made upon the new Defendants named in the Amended Complaint. Signed by Magistrate Judge Cynthia Reed Eddy on 3/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
March 21, 2017 Filing 61 First MOTION for Extension of Time to File Response as to #59 Notice, #56 Amended Complaint, by WETZEL. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John) Modified on 3/22/2017. (jsp)
March 20, 2017 Filing 60 TEXT ORDER re #59 EMERGENCY NOTICE to the Court by DARIEN HOUSER. The Court construes Plaintiff's "Emergency Notice" as a Motion to Amend/Correct the #56 Amended Complaint. Plaintiff's request is granted to the extent that the caption of the Amended Complaint shall be amended to include the following two Defendants who were omitted from the caption in Plaintiff's original filing: (1) MR. HICE, CORRECTIONS HEALTH CARE MANAGER/SUCCESSOR OF PREVIOUS ON SITE, HEALTH PROVIDER MANAGEMENT and (2) MAIL ROOM SUPERVISOR D. GEEHRING/JANE/JOHN DOE MAILROOM RESPONSIBLE PARTIES. The Clerk of Court is directed to amend the caption of the case to include these additional Defendants of record. Furthermore, Plaintiff's Motion to Amend/Correct the #56 Amended Complaint is granted to the extent that paragraph 22 of the Amended Complaint shall reflect that Defendant MR. HICE is a "successor" rather than "predecessor" as he was mistakenly identified in Plaintiff's original filing. Plaintiff's Amended Complaint (ECF No. #56 ) shall remain the operative Complaint along with the foregoing amendments in this Order. Signed by Magistrate Judge Cynthia Reed Eddy on 3/20/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
March 16, 2017 Filing 59 EMERGENCY NOTICE to the Court by DARIEN HOUSER. (Attachments: #1 Exhibit A, #2 Envelope) (jsp)
March 16, 2017 Filing 58 AMENDED NOTICE of Appearance by Samuel H. Foreman on behalf of DR. JIN, MWUARA, PARKS. (Foreman, Samuel) Modified on 3/20/2017. (jsp)
March 16, 2017 Filing 57 NOTICE of Appearance by Tiffany Temas on behalf of DR. JIN, MWUARA, PARKS. (Temas, Tiffany)
March 8, 2017 Filing 56 AMENDED COMPLAINT against ALLEGHENY GENERAL HOSPITAL, AMERICA SERVICE GROUP INC, BUREAU OF HEALTH CARE SERVICES, CLIETS, DEMASKE, DIAMOND PHARMACY, DOC CHIEF MEDICAL DIRECTOR, JANE & JOHN DOE, JANE AND JOHN DOE (Medical, Corrections, Hospital Staff/ LIABLE PARRIES), JANE AND JOHN DOE (/Corrections Solutions), JANE/JOHN DOE (Broadcasting company and or providers), JANE/JOHN DOE (Maintenance/Water company/Responsible parties for water), PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, DR. JIN, LONGSTRETH, MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES, MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS, JOHN MCANANY, MWUARA, PARKS, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR, filed by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
February 15, 2017 Filing 55 TEXT ORDER denying #54 Motion to Stay; denying #54 Motion for Pre-Discovery. Plaintiff repeatedly has been advised that any request for pretrial discovery is premature at this time. See ECF Nos. 9 , 18 , and 21 . The deadline for filing Plaintiff's Amended Complaint remains March 7, 2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.Signed by Magistrate Judge Cynthia Reed. (bsc)
February 15, 2017 Filing 54 MOTION to Stay Filing of Amended Complaint, MOTION for Pre-Discovery by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
February 1, 2017 Filing 53 MEMORANDUM OPINION AND ORDER denying without prejudice #48 Motion to Dismiss for Failure to State a Claim; denying without prejudice #49 Motion to Dismiss for Failure to State a Claim; and granting #51 Motion for More Definite Statement. Plaintiff must file an amended complaint by March 7, 2017, or the complaint will be dismissed without prejudice for failure to comply with F.R.C.P 8, 11, and 20. Signed by Magistrate Judge Cynthia Reed Eddy on 2/1/2017. (bsc) Modified on 2/2/2017. (jsp)
February 1, 2017 Set/Reset Scheduling Order Deadlines: Amended Complaint due by 3/7/2017. (bsc)
January 30, 2017 Filing 52 BRIEF in Support re #51 Motion for More Definite Statement, filed by DEMASKE, PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, LONGSTRETH, JOHN MCANANY, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR. (Senich, John)
January 30, 2017 Filing 51 MOTION for More Definite Statement by DEMASKE, PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, LONGSTRETH, JOHN MCANANY, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Senich, John)
January 30, 2017 Filing 50 BRIEF in Support re #49 Motion to Dismiss for Failure to State a Claim filed by ALLEGHENY GENERAL HOSPITAL. (Attachments: #1 Exhibit A - Plaintiff's Complaint) (Kelly, Erica)
January 30, 2017 Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ALLEGHENY GENERAL HOSPITAL. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Kelly, Erica)
January 30, 2017 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #48 Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of #48 Motion to Dismiss. This message is for informational purposes only., CLERK'S OFFICE QUALITY CONTROL MESSAGE. 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. This message is for informational purposes only. (jsp)
January 30, 2017 w/48 BRIEF in Support re #48 Motion to Dismiss for Failure to State a Claim filed by DIAMOND PHARMACY. (jsp)(Document previously filed electronically)
January 27, 2017 Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DIAMOND PHARMACY. Motion(s) referred to Cynthia Reed Eddy. (DeMarco, John)
January 27, 2017 Filing 47 ORDER granting #46 MOTION to Extend Time to Answer or Otherwise Plead to Complaint filed by CLIETS. CLIETS answer due 3/16/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 1/27/2017. (sms)
January 26, 2017 Filing 46 MOTION to Extend Time to Answer or Otherwise Plead to Complaint by CLIETS. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Temas, Tiffany)
January 26, 2017 Filing 45 NOTICE of Appearance by Samuel H. Foreman on behalf of CLIETS. (Foreman, Samuel)
January 26, 2017 Filing 44 NOTICE of Appearance by Tiffany Temas on behalf of CLIETS. (Temas, Tiffany)
January 25, 2017 Filing 43 ORDER granting #42 MOTION to Extend Time to Answer or Otherwise Respond to Complaint filed by DR. JIN. DR. JIN answer due 3/16/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 1/25/2017. (sms)
January 24, 2017 Filing 42 MOTION to Extend Time to Answer or Otherwise Respond to Complaint by DR. JIN. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Proposed Order) (Temas, Tiffany)
January 23, 2017 Filing 41 NOTICE of Appearance by Samuel H. Foreman on behalf of DR. JIN. (Foreman, Samuel)
January 23, 2017 Filing 40 NOTICE of Appearance by Tiffany Temas on behalf of DR. JIN. (Temas, Tiffany)
January 16, 2017 Filing 39 WAIVER OF SERVICE Returned Executed by ALLEGHENY GENERAL HOSPITAL. ALLEGHENY GENERAL HOSPITAL waiver sent on 11/29/2016, answer due 1/30/2017. (Kelly, Erica)
January 6, 2017 Filing 38 US Marshal's Return indicating Order, Complaint, Notice and Waiver mailed per Court Order on 1/5/2017. (jsp)
January 5, 2017 Filing 37 TEXT ORDER re #30 Objections filed by DARIEN HOUSER. Given that the Court has directed the USMS to make service upon AMERICA SERVICE GROUP INC at: AMERICA SERVICE GROUP INC c/o Corizon Health, Inc., 103 Powell Court, Brentwood, TN 37027, Plaintiff's objections are moot. Signed by Magistrate Judge Cynthia Reed Eddy on 1/5/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
January 4, 2017 Filing 36 NOTICE of Appearance by Erica Kelly on behalf of ALLEGHENY GENERAL HOSPITAL. (Kelly, Erica)
January 3, 2017 Filing 35 Remark: The Court has directed the United States Marshal to make service upon defendant AMERICA SERVICE GROUP INC at: AMERICA SERVICE GROUP INC c/o Corizon Health, Inc., 103 Powell Court, Brentwood, TN 37027. All service documents have been forwarded to the United States Marshal and a copy of this notice is being mailed to Plaintiff at: DARIEN HOUSER GL-7509, SCI Greene, 175 Progress Drive, Waynesburg, PA 15370. (sms)
December 29, 2016 Filing 34 WAIVER OF SERVICE Returned Executed by DIAMOND PHARMACY. DIAMOND PHARMACY waiver sent on 11/29/2016, answer due 1/30/2017. (DeMarco, John) Text modified on 12/30/2016. (ept)
December 29, 2016 Filing 33 WAIVER OF SERVICE Returned Executed by CLIETS, WIDENOR, DORINA VARNER, DEMASKE, LONGSTRETH, PATRICK FELICE, ANTHONY GUMBAREVIC, SANTOYA, GEORGE. CLIETS waiver sent on 11/29/2016, answer due 1/30/2017; WIDENOR waiver sent on 11/29/2016, answer due 1/30/2017; DORINA VARNER waiver sent on 11/29/2016, answer due 1/30/2017; DEMASKE waiver sent on 11/29/2016, answer due 1/30/2017; LONGSTRETH waiver sent on 11/29/2016, answer due 1/30/2017; PATRICK FELICE waiver sent on 11/29/2016, answer due 1/30/2017; ANTHONY GUMBAREVIC waiver sent on 11/29/2016, answer due 1/30/2017; SANTOYA waiver sent on 11/29/2016, answer due 1/30/2017; GEORGE waiver sent on 11/29/2016, answer due 1/30/2017. (Senich, John)
December 29, 2016 Filing 32 WAIVER OF SERVICE Returned Executed by JOHN MCANANY, WETZEL, JENKINS, IRMA VIHLIDAL, GILMORE, WATSON, TENNANT, NEDRA GREGO, LOUIS S. FOLINO. JOHN MCANANY waiver sent on 11/29/2016, answer due 1/30/2017; WETZEL waiver sent on 11/29/2016, answer due 1/30/2017; JENKINS waiver sent on 11/29/2016, answer due 1/30/2017; IRMA VIHLIDAL waiver sent on 11/29/2016, answer due 1/30/2017; GILMORE waiver sent on 11/29/2016, answer due 1/30/2017; WATSON waiver sent on 11/29/2016, answer due 1/30/2017; TENNANT waiver sent on 11/29/2016, answer due 1/30/2017; NEDRA GREGO waiver sent on 11/29/2016, answer due 1/30/2017; LOUIS S. FOLINO waiver sent on 11/29/2016, answer due 1/30/2017. (Senich, John)
December 29, 2016 Filing 31 NOTICE of Appearance by John P. Senich, Jr on behalf of CLIETS, DEMASKE, PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, LONGSTRETH, JOHN MCANANY, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR. (Senich, John)
December 27, 2016 Filing 30 OBJECTIONS to #29 Order, by DARIEN HOUSER. (Attachments: #1 Envelope Objections mailed in) (ksa)
December 13, 2016 Filing 29 ORDER: Plaintiff shall resubmit to the Court proper instructions, U.S. Marshal Form 285, notice and waiver of summons for service upon Defendant AMERICA SERVICE GROUP INC by 12/30/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 12/13/2016. (sms)
December 13, 2016 Filing 28 Remark: The envelope containing the Complaint, Notice of Lawsuit and Request for Waiver of Service of Summons, and Waiver addressed to Defendant AMERICA SERVICE GROUP INC was received by the Court marked "Return to sender. Unable to forward." (sms)
December 13, 2016 Filing 27 NOTICE of Appearance by John V. DeMarco on behalf of DIAMOND PHARMACY. (DeMarco, John)
November 30, 2016 Filing 26 NOTICE and Waiver, Order, Complaint mailed to all defendants on 11/29/2016 by DARIEN HOUSER. (ept)
November 28, 2016 Filing 25 ORDER: IT IS ORDERED that the United States Marshal is directed to mail a copy of the Complaint, notice of lawsuit and request for waiver of service of summons, and waiver, and this order to Defendants as directed by the Plaintiff, costs to be advanced by the United States of America. The Defendants are requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Cynthia Reed Eddy on 11/28/2016. (sms)
November 28, 2016 Filing 24 Order to Vacate 22 ORDER FOR SERVICE DOCUMENTS. Plaintiff's service documents were found filed under the name of another litigant in this court ("Robinson, Harvey Miguel"). Plaintiff does not need to provide the Court with any additional service documents. Signed by Magistrate Judge Cynthia Reed Eddy on 11/28/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
November 25, 2016 Filing 23 EMERGENCY NOTICE to the Court and Declaration & Affidavit of Plaintiff by DARIEN HOUSER (Attachment: #1 Envelope) (jsp)
November 9, 2016 Filing 22 ORDER FOR SERVICE DOCUMENTS: Plaintiff shall provide the Court with proper instructions for service upon EACH DEFENDANT listed in the COMPLAINT including a U.S. Marshal Form 285 for each defendant, a completed notice and waiver of summons for each defendant on or before 11/28/2016. Failure to comply with this Order will result in dismissal of this action. No extensions will be granted without good cause. Signed by Magistrate Judge Cynthia Reed Eddy on 11/9/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
November 9, 2016 Filing 21 TEXT ORDER Re: #19 Plaintiff's Motion to Reopen/Commence Civil Action and Motion for Pretrial Discovery. Plaintiff's Motion to reopen this civil action is DENIED AS MOOT as the case has been reopened upon the payment of the initial partial filing fee, which occurred on 11/8/16. Doc. No. #20 . Plaintiff's Motion for Pretrial Discovery is DENIED. Plaintiff is not entitled to discovery prior to an answer to the Complaint having been filed. The only delay Plaintiff has realized in litigating this case has been the result of his own failure to pay the partial filing fee and properly serve the Complaint on Defendants. See Magistrate Judge Eddy's Text Order at Doc. No. 18 filed on 9/15/16 advising Plaintiff to pay the partial filing fee and to properly serve Defendants. Signed by Judge Arthur J. Schwab on 11/9/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eet)
November 8, 2016 Filing 20 Partial Payment of Filing Fee by DARIEN HOUSER. Fee $10.24, receipt number 24668040963. (gmp)
November 8, 2016 Filing 19 MOTION to Reopen/Commence Civil Action and Pretrial Discovery Motion by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
September 15, 2016 Filing 18 TEXT ORDER denying as premature #17 Motion for Pre-Discovery. Plaintiff is not entitled to discovery prior to an answer having been filed and the Court will enter a discovery order at the proper time. Additionally, Plaintiff is advised that serving defendants through in-house mail is not a proper way to effectuate service. The in forma pauperis statute mandates that officers of the court shall issue and serve all process. 28 USC 1915(d). Plaintiff is reminded that this case is administratively closed pending payment of the initial partial filing fee, which has a current balance of $10.24.. Signed by Magistrate Judge Cynthia Reed Eddy on 09/15/2016. (bsc)
September 14, 2016 Filing 17 NOTICE and MOTION for Pre Discovery by DARIEN HOUSER. Motion(s) referred to Cynthia Reed Eddy. (Attachment: #1 Envelope) (jsp)
September 13, 2016 Filing 16 ORDER FOR STATISTICAL CLOSING. Case is administratively closed pending payment of the initial partial filing fee, which has a current balance of $10.24. Signed by Judge Arthur J. Schwab on 09/13/2016. (bsc)
September 13, 2016 Filing 15 MEMORANDUM AND ORDER re #14 Appeal of Magistrate Judge Decision to District Court filed by DARIEN HOUSER. The Court concludes that the decision and Order of the Magistrate Judge to require Plaintiff to pay an initial partial filing is in accordance with the fee filing provisions of the PLRA. Therefore, the decision was neither clearly erroneous nor contrary to law. Accordingly, Plaintiff's appeal is DENIED. It is further ORDERED that this case is hereby administratively CLOSED, pending payment of the initial partial filing fee, which has a current balance of $10.24. Signed by Judge Arthur J. Schwab on 09/13/2016. (bsc)
September 12, 2016 Magistrate Judge Cynthia Reed Eddy no longer presider in case. (gmp)
September 12, 2016 Judge Arthur J. Schwab is presider and Magistrate Judge Cynthia Reed Eddy is referred. (gmp)
September 8, 2016 Filing 14 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by DARIEN HOUSER re #8 Order on Motion for Leave to Proceed in forma pauperis, (Attachment: #1 Envelope) (jsp)
September 8, 2016 Filing 13 MOTION for Leave to File Interlocutory Appeal by DARIEN HOUSER. (Attachment: #1 Envelope) (Re-filed as Notice of Appeal to District Judge from #8 Order.) Modified on 9/13/2016. (jsp)
August 25, 2016 Filing 12 EMERGENCY NOTICE re Service of Complaint by DARIEN HOUSER. (Attachments: #1 Exhibit (A), #2 Envelope) (jsp)
August 24, 2016 Filing 11 COMPLAINT against ALLEGHENY GENERAL HOSPITAL, AMERICA SERVICE GROUP INC, BUREAU OF HEALTH CARE SERVICES, CLIETS, DEMASKE, DIAMOND PHARMACY, JANE & JOHN DOE, JANE AND JOHN DOE, PATRICK FELICE, LOUIS S. FOLINO, GEORGE, GILMORE, NEDRA GREGO, ANTHONY GUMBAREVIC, JENKINS, DR. JIN, LONGSTRETH, JOHN MCANANY, MWUARA, PARKS, SANTOYA, TENNANT, DORINA VARNER, IRMA VIHLIDAL, WATSON, WETZEL, WIDENOR, filed by DARIEN HOUSER. (jsp)
August 24, 2016 Filing 10 MEMORANDUM and ORDER denying without prejudice #6 Motion to Appoint Counsel. Signed by Magistrate Judge Cynthia Reed Eddy on 08/24/2016. (bsc) Modified on 8/25/2016. (jsp)
August 24, 2016 Filing 9 TEXT ORDER denying #7 Motion for Pre -Discovery as premature. This case was just recently filed and the initial partial filing fee has not been received. No further action will be taken in this matter until the initial partial filing fee is received. After the initial partial filing fee is received, the Court will pre-screen the complaint in accordance with 28 U.S.C. section 1915A. Therefore, any requests for discovery are premature. Further, the Court notes that Plaintiff indicates that he has served the defendants in this case. This is not a proper manner in which to effectuate service upon defendants. Service in all prisoner cases is made by the US Marshal, after the required service documents first have been approved by the Court. Signed by Magistrate Judge Cynthia Reed Eddy on 08/24/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 24, 2016 Filing 8 ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the Complaint. Plaintiff shall pay $10.24 as an initial partial filing fee. No further action will be taken in this case until the initial partial filing fee is paid in full. Signed by Magistrate Judge Cynthia Reed Eddy on 08/24/2016. (bsc)
August 24, 2016 Filing 7 MOTION for Pre-Discovery by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
August 24, 2016 Filing 6 MOTION to Appoint Counsel by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
August 24, 2016 Filing 5 Authorization permitting withdrawal of prison account funds to pay filing fee by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
August 24, 2016 Filing 4 ORDER - In response to Plaintiff's Notice dated August 11, 2016 #3 , Plaintiff is advised that on August 9, 2016, an Order for Authorization was filed and mailed to Plaintiff. Plaintiff will be given an extension to September 6, 2016 to provide the Court with the required Authorization. A complimentary copy of the Order for Authorization is attached to this Order. Signed by Magistrate Judge Cynthia Reed Eddy on 08/24/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc)
August 24, 2016 w/ #7 NOTICE to the Court re Service of Complaint by DARIEN HOUSER. (jsp)
August 16, 2016 Filing 3 NOTICE to the Court dated 8/11/2016 by DARIEN HOUSER. (Attachment: #1 Envelope) (jsp)
August 9, 2016 Filing 2 DEFICIENCY ORDER : Should Plaintiff wish to proceed with this action, he must authorize such payments from his inmate account by returning a signed copy of the attached Authorization on or before August 26, 2016. Plaintiff's Motion for Leave to Proceed in forma pauperis will not be reviewed by the Court until the Authorization is filed with the Court. Submission of Required Paperwork due by 8/26/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 08/09/2016. (bsc)
July 14, 2016 Filing 1 MOTION for Leave to Proceed in forma pauperis by DARIEN HOUSER. (Attachments: #1 Complaint, #2 Envelope) (kly)

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Search for this case: HOUSER v. WIDENOUR et al
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Defendant: WETZEL
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Defendant: DR. JIN
Represented By: Samuel H. Foreman
Represented By: Tiffany Temas
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Defendant: JOHN DOE
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Defendant: DORINA VARNER
Represented By: John P. Senich, Jr.
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Defendant: LT. WILLIAMS
Represented By: John P. Senich, Jr.
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Defendant: LT. SANTOYA
Represented By: John P. Senich, Jr.
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Defendant: MANUFACTURE OF RUGBY ANTI DANDRUFF SHAMPOO/RUGBY LABORATORIES
Represented By: Carl W. Hittinger
Represented By: Trischa S. Chapman
Represented By: Erika Dackin Prouty
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Defendant: LT. MCCLURE
Represented By: John P. Senich, Jr.
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Defendant: NEDRA GREGO
Represented By: John P. Senich, Jr.
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Defendant: C/O TENNANT
Represented By: John P. Senich, Jr.
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Defendant: MR. WETZEL
Represented By: John P. Senich, Jr.
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Defendant: NURSE WATSON
Represented By: John P. Senich, Jr.
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Defendant: JANE/JOHN DOE
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Defendant: SGT. GEORGE
Represented By: John P. Senich, Jr.
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Defendant: JOHN MCANANY
Represented By: John P. Senich, Jr.
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Defendant: AMERICA SERVICE GROUP INC
Represented By: John J. Hatzell, Jr.
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Defendant: C/O WIDENOR
Represented By: John P. Senich, Jr.
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Defendant: MAIL ROOM SUPERVISOR D. GEEHRING
Represented By: John P. Senich, Jr.
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Defendant: DOC CHIEF MEDICAL DIRECTOR
Represented By: John P. Senich, Jr.
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Defendant: MR. GILMORE
Represented By: John P. Senich, Jr.
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Defendant: MANUFACTURES OF LUBRISOFT LOTION/MAJOR PHARMACEUTICALS
Represented By: Carl W. Hittinger
Represented By: Trischa S. Chapman
Represented By: Erika Dackin Prouty
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Defendant: SGT. DEMASKE
Represented By: John P. Senich, Jr.
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Defendant: MS. CLIETS
Represented By: John P. Senich, Jr.
Represented By: Samuel H. Foreman
Represented By: Tiffany Temas
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Defendant: IRMA VIHLIDAL
Represented By: John P. Senich, Jr.
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Defendant: PATRICK FELICE
Represented By: John P. Senich, Jr.
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Defendant: DR. PARKS
Represented By: Samuel H. Foreman
Represented By: Tiffany Temas
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Defendant: LOUIS S. FOLINO
Represented By: John P. Senich, Jr.
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Defendant: ALLEGHENY GENERAL HOSPITAL
Represented By: Erica Kelly
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Defendant: DIAMOND PHARMACY
Represented By: John V. DeMarco
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Defendant: PHYSICIAN ASSISTANT MWUARA
Represented By: Samuel H. Foreman
Represented By: Tiffany Temas
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Defendant: BUREAU OF HEALTH CARE SERVICES
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Defendant: HICE, MR.
Represented By: Samuel H. Foreman
Represented By: Tiffany Temas
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Defendant: UNIT MANAGER LONGSTRETH
Represented By: John P. Senich, Jr.
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Defendant: JANE AND JOHN DOE
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Defendant: ANTHONY GUMBAREVIC
Represented By: John P. Senich, Jr.
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Defendant: JANE & JOHN DOE
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Defendant: SGT. JENKINS
Represented By: John P. Senich, Jr.
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Plaintiff: HOUSER
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Plaintiff: DARIEN HOUSER
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