THOMAS v. COUNTY OF ALLEGHENY, PENNSYLVANIA et al
Plaintiff: ROBERT THOMAS
Defendant: COUNTY OF ALLEGHENY, PENNSYLVANIA, COLEMAN MCDONOUGH, SCOTT SCHERER, STEPHEN HITCHINGS, TODD DOLFI, THOMAS FOLEY, PATRICK MILLER, PATRICK KINAVEY and ANDREW MILLER
Case Number: 2:2022cv00196
Filed: February 2, 2022
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Cathy Bissoon
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2022 Opinion or Order Filing 11 ORDER granting Motion (Doc. #9 ) for leave to file an amended complaint. Consistent with the parties' agreement, Plaintiff shall file an amended complaint by 5/2/22, and ALL Defendants' duty to respond to the current Complaint is held in abeyance. As requested, the same deadline/rulings shall apply in Civil Action No. 22-266. The Court also notes that Plaintiff presently qualifies under Fed. R. Civ. P. 15(a)(1) for an amendment as a matter of course. See id. Under the unique circumstances presented, the Court believes and therefore holds that the current amendment counts as Plaintiff's one amendment as a matter of course, and further/future amendment will require consent of the opposing parties or leave of Court. See Rule 15(a)(2). Finally, the Court notes that ambiguities remain regarding Defendants Andrew Miller and Patrick Miller. Andrew Miller has waived service, and counsel has entered an appearance, in 22-196; but he has not waived service, and no counsel of record has entered an appearance for him, in 22-266. Patrick Miller has not waived service in 22-196, nor does he have counsel there; and he is identified as deceased in 22-266. As appropriate, these matters should be addressed through the amendment process and/or after the filing of the amended complaints. Signed by Judge Cathy Bissoon on 4/1/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
March 31, 2022 Filing 10 WAIVER OF SERVICE Returned Executed by ROBERT THOMAS. ANDREW MILLER waiver sent on 2/5/2022, answer due 4/6/2022. (Petrunya, Max)
March 31, 2022 Filing 9 First MOTION for Extension of Time to Amend Plaintiff's Complaint by ROBERT THOMAS. (Attachments: #1 Proposed Order) (Petrunya, Max)
March 29, 2022 Filing 8 NOTICE of Appearance by Michael E. Kennedy on behalf of ANDREW MILLER. (Kennedy, Michael)
March 5, 2022 Filing 7 NOTICE of Appearance by Paul R. Jubas on behalf of ROBERT THOMAS. (Jubas, Paul)
February 14, 2022 Filing 6 NOTICE of Appearance by Shelley K Rohrer on behalf of COUNTY OF ALLEGHENY, PENNSYLVANIA, TODD DOLFI, THOMAS FOLEY, STEPHEN HITCHINGS, PATRICK KINAVEY, COLEMAN MCDONOUGH, SCOTT SCHERER. (Rohrer, Shelley)
February 11, 2022 Filing 5 WAIVER OF SERVICE Returned Executed by ROBERT THOMAS. COUNTY OF ALLEGHENY, PENNSYLVANIA waiver sent on 2/11/2022, answer due 4/12/2022; TODD DOLFI waiver sent on 2/11/2022, answer due 4/12/2022; THOMAS FOLEY waiver sent on 2/11/2022, answer due 4/12/2022; STEPHEN HITCHINGS waiver sent on 2/11/2022, answer due 4/12/2022; PATRICK KINAVEY waiver sent on 2/11/2022, answer due 4/12/2022; COLEMAN MCDONOUGH waiver sent on 2/11/2022, answer due 4/12/2022; SCOTT SCHERER waiver sent on 2/11/2022, answer due 4/12/2022. (Petrunya, Max)
February 11, 2022 Filing 4 Errata re #3 Notice of Appearance by COUNTY OF ALLEGHENY, PENNSYLVANIA, TODD DOLFI, THOMAS FOLEY, STEPHEN HITCHINGS, PATRICK KINAVEY, COLEMAN MCDONOUGH, SCOTT SCHERER. Reason for Correction: Wrong document uploaded. (Biondo, Dennis)
February 10, 2022 Filing 3 NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of COUNTY OF ALLEGHENY, PENNSYLVANIA, TODD DOLFI, THOMAS FOLEY, STEPHEN HITCHINGS, PATRICK KINAVEY, COLEMAN MCDONOUGH, SCOTT SCHERER. (Biondo, Dennis) Modified text on 2/11/2022 to remove from public view. Notice refiled as Errata at #3 . (lar)
February 3, 2022 Opinion or Order Filing 2 ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 2/3/22. (jhi)
February 2, 2022 Filing 1 COMPLAINT against COUNTY OF ALLEGHENY, PENNSYLVANIA, TODD DOLFI, THOMAS FOLEY, STEPHEN HITCHINGS, PATRICK KINAVEY, COLEMAN MCDONOUGH, ANDREW MILLER, PATRICK MILLER, SCOTT SCHERER (Filing fee, including Administrative fee, $402, receipt number APAWDC-6932517), filed by ROBERT THOMAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet) (lar)

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Plaintiff: ROBERT THOMAS
Represented By: Max Petrunya
Represented By: Paul R. Jubas
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Defendant: COUNTY OF ALLEGHENY, PENNSYLVANIA
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: COLEMAN MCDONOUGH
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: SCOTT SCHERER
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: STEPHEN HITCHINGS
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: TODD DOLFI
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: THOMAS FOLEY
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: PATRICK MILLER
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Defendant: PATRICK KINAVEY
Represented By: Dennis R. Biondo, Jr.
Represented By: Shelley K Rohrer
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Defendant: ANDREW MILLER
Represented By: Michael E. Kennedy
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