BURKLAND v. CARCELLA et al
| JOHN WINTHROP BURKLAND |
| JOHN DOE NO. 3, MICHAEL CARCELLA, JOHN DOE NO. 4, JANE DOE NO. 1, JOHN DOE NO. 1, JUSTIN ROKAVEC and JOHN DOE NO. 2 |
| 2:2020cv00396 |
| March 19, 2020 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 16 STIPULATED PROTECTIVE ORDER REQUIRING PRODUCTION OF UNREDACTED DOCUMENTS BY MAY 27, 2020 by JOHN WINTHROP BURKLAND. (Ely, Wayne) |
| 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) |
| Filing 15 W/ #13 , RESPONSE to Motion re #10 MOTION for Contempt to Strike Improper Redactions filed by MICHAEL CARCELLA, JUSTIN ROKAVEC. (jmm) |
Filing 14
ORDER OF COURT re #10 Motion for Contempt to Strike Improper Redactions: Upon review the Court finds that any concerns relative to the confidentiality of information raised by Defendants can be addressed by an appropriate protective order designating the unredacted versions of the two documents at issue as "attorneys' eyes only." The parties are directed to agree to and file a joint proposed protective order on the docket by May 20, 2020 so that the unredacted documents can be produced by May 27, 2020. Signed by Magistrate Judge Maureen P. Kelly on 05/13/2020. (tjw)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Response. ERROR: Wrong event selected. CORRECTION: Re-docketed as Response to Motion. This message is for informational purposes only. (jmm) |
| Filing 13 RESPONSE to Motion re #10 MOTION for Contempt to Strike Improper Redactions filed by MICHAEL CARCELLA, JUSTIN ROKAVEC. (Zalewski, Anna) Modified text to link to the motion on 5/18/2020. (jmm) |
| Filing 12 BRIEF in Support re #10 Motion for Contempt to Strike Improper Redactions filed by JOHN WINTHROP BURKLAND. (jmm) Modified text on 5/18/2020. (jmm) |
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Filing 11
ORDER directing Defendants to respond to Plaintiff's Motion for Contempt to Strike Redactions, ECF No. #10 , on or before 5/13/20. The Court notes that it appears based on review of the redactions that they are not necessary nor appropriate. Signed by Magistrate Judge Maureen P. Kelly on 5/8/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 10 MOTION for Contempt to Strike Improper Redactions by JOHN WINTHROP BURKLAND. (Attachments: #1 Exhibit Memorandum of Law, #2 Proposed Order, #3 Exhibit Exhibit 1, #4 Exhibit Exhubit 2, #5 Certificate of Service) (Ely, Wayne) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #10 Motion for Contempt. 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 Memorandum of Law. This message is for informational purposes only. (jmm) |
| 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) |
| This is a corrective entry. No PDF docment will issue. WAIVER OF SERVICE Returned Executed by MICHAEL CARCELLA, JUSTIN ROKAVEC. MICHAEL CARCELLA waiver sent on 3/21/2020, answer due 5/20/2020; JUSTIN ROKAVEC waiver sent on 3/21/2020, answer due 5/20/2020. (cel) Modified text on 4/2/2020. (cel) |
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Filing 9
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 03/31/2020. (tjw)
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| Filing 8 WAIVER OF SERVICE Returned Executed by MICHAEL CARCELLA, JUSTIN ROKAVEC. MICHAEL CARCELLA waiver sent on 3/21/2020, answer due 5/20/2020; JUSTIN ROKAVEC waiver sent on 3/21/2020, answer due 5/20/2020.(Zalewski, Anna) Modified text on 4/2/2020. (cel) |
| Filing 7 NOTICE of Appearance by Anna Zalewski on behalf of MICHAEL CARCELLA, JUSTIN ROKAVEC. (Zalewski, Anna) |
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Filing 6
ORDER granting #5 Motion for Discovery Prior to Rule 26(f) Conference. Signed by Magistrate Judge Maureen P. Kelly on 03/26/2020. (tjw)
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| Filing 5 MOTION for Discovery Prior to Rule 26(f) Conference by JOHN WINTHROP BURKLAND. (Attachments: #1 Exhibit Memorandum of Law, #2 Proposed Order, #3 Certificate of Service) (Ely, Wayne) |
| Filing 4 SUMMONS/Return of Service Returned Executed by JOHN WINTHROP BURKLAND. JUSTIN ROKAVEC served on 3/22/2020, answer due 4/13/2020. (Attachments: #1 Certificate of Service) (Ely, Wayne) |
| Filing 3 SUMMONS/Return of Service Returned Executed by JOHN WINTHROP BURKLAND. MICHAEL CARCELLA served on 3/21/2020, answer due 4/13/2020. (Attachments: #1 Certificate of Service) (Ely, Wayne) |
| Filing 2 Summons Issued as to MICHAEL CARCELLA, JUSTIN ROKAVEC (Attachments: #1 Summons) (sdp) |
| Filing 1 COMPLAINT against MICHAEL CARCELLA, JANE DOE NO. 1, JOHN DOE NO. 1, JOHN DOE NO. 2, JOHN DOE NO. 3, JOHN DOE NO. 4, JUSTIN ROKAVEC (Filing fee, including Administrative fee, $400, receipt number 315-5519249), filed by JOHN WINTHROP BURKLAND. (Attachments: #1 Civil Cover Sheet) (sdp) |
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