JOSEPH v. PLANET FITNESS ASSET CO. LLC
| HERBERT L. JOSEPH, II |
| PLANET FITNESS ASSET CO. LLC doing business as PLANET FITNESS |
| 2:2021cv00025 |
| January 7, 2021 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| William S Stickman |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 OBJECTIONS to #7 Report and Recommendation filed by HERBERT L. JOSEPH, II. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service) (jd) |
Filing 7
REPORT AND RECOMMENDATION that Plaintiff's civil action filed pursuant to 42 U.S.C. 1983 be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted, and without prejudice to filing a Second Amended Complaint to state a claim pursuant to 42 U.S. C. 1981. Should this Report and Recommendation be adopted by the District Judge, it is recommended that Plaintiff have 30 days after the Memorandum Order is entered to file his Second Amended Complaint as described in the Report and Recommendation. Objections to R&R due by 3/3/2021. Objections to R&R for Unregistered ECF Users due by 3/8/2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/17/2021. (jmb)
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| Magistrate Judge Lisa Pupo Lenihan no longer presiding in case. (nll) |
| Judge William S. Stickman presiding. Magistrate Judge Lisa Pupo Lenihan referred. (nll) |
| Filing 6 AMENDED COMPLAINT against PLANET FITNESS ASSET CO. LLC, filed by HERBERT L. JOSEPH, II. (Attachments: #1 Exhibit A, #2 Exhibit B) (jjg) |
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Filing 5
MEMORANDUM ORDER that Plaintiff shall amend his complaint as described herein and file it with the Court by February 11th, 2021. Plaintiff shall clearly mark his complaint Amended Complaint and include the case number 2:21-25 in the top right corner. It must include all of Plaintiff's claims and should not refer back to the original complaint. Any claim not included in the amended complaint will be deemed waived. If Plaintiff fails to comply with this Order then the undersigned will recommend that this action be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/11/2021. (jmb)
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| Filing 4 COMPLAINT against PLANET FITNESS ASSET CO. LLC ), filed by HERBERT L. JOSEPH, II. (elt) |
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Filing 3
ORDER GRANTING the #1 Motion for Leave to Proceed in forma pauperis and directing the Clerk of Court to file Plaintiff's Complaint. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/08/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HERBERT L. JOSEPH, II. (elt) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by HERBERT L. JOSEPH, II. COMPLAINT LODGED (Attachments: #1 Complaint, #2 Exhibit, #3 Civil Cover Sheet, #4 Exhibit) (elt) |
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| Defendant: PLANET FITNESS ASSET CO. LLC doing business as PLANET FITNESS | |
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| Plaintiff: HERBERT L. JOSEPH, II | |
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