N.S. et al v. WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN et al
| N.S., KELLIE SMEDBERG and MARK SMEDBERG |
| WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN, SUPERINTENDENT HEIDI ONDEK, COLLEEN BENTON, ERIN KELLY, MEGAN SIMMEN, PRINCIPLE LISA REALE and PRINCIPAL LISA REALE |
| 2:2024cv00219 |
| February 20, 2024 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 CERTIFICATE of Merit as to Colleen Benton by Monte J. Rabner on behalf of N.S. (Rabner, Monte) |
Filing 25
ORDER directing Plaintiffs to file responses to Defendants' multiple Motions to Dismiss at ECF Nos. 13,15,17,19,21 and 23, on or before May 1, 2024. Signed by Magistrate Judge Maureen P. Kelly on 3/27/24. 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)
|
| Filing 24 BRIEF in Support re #23 Motion to Dismiss for Failure to State a Claim, filed by WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 COMPLAINT by WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024, to add link. (jd) |
| Filing 22 BRIEF in Support re #21 Motion to Dismiss for Failure to State a Claim filed by HEIDI ONDEK. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 21 MOTION TO DISMISS #1 COMPLAINTFOR FAILURE TO STATE A CLAIM by HEIDI ONDEK. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024 to link to Complaint. (jd) |
| Filing 20 BRIEF in Support re #19 Motion to Dismiss for Failure to State a Claim filed by MEGAN SIMMEN. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 19 MOTION TO DISMISS #1 COMPLAINT FOR FAILURE TO STATE A CLAIM by MEGAN SIMMEN. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024 to link to Complaint (jd) |
| Filing 18 BRIEF in Support re #17 Motion to Dismiss for Failure to State a Claim filed by LISA REALE. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 17 MOTION TO DISMISS #1 COMPLAINT FOR FAILURE TO STATE A CLAIM by LISA REALE. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024, to link to Complaint. (jd) |
| Filing 16 BRIEF in Support re #15 Motion to Dismiss for Failure to State a Claim filed by ERIN KELLY. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 15 MOTION TO DISMISS #1 COMPLAINT FOR FAILURE TO STATE A CLAIM by ERIN KELLY. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024 to link to Complaint (jd) |
| Filing 14 BRIEF in Support re #13 Motion to Dismiss for Failure to State a Claim filed by COLLEEN BENTON. (Attachments: #1 Certificate of Service) (Johnson, David) |
| Filing 13 MOTION TO DISMISS #1 COMPLAINT FOR FAILURE TO STATE A CLAIM by COLLEEN BENTON. (Attachments: #1 Proposed Order, #2 Exhibit A - Certification of Good Faith Effort to Resolve Issues, #3 Certificate of Service) (Johnson, David) Modified text on 3/26/2024 to link to Complaint. (jd) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Motion to Dismiss for Failure to State a Claim, #17 Motion to Dismiss for Failure to State a Claim, #23 Motion to Dismiss for Failure to State a Claim, #21 Motion to Dismiss for Failure to State a Claim, #19 Motion to Dismiss for Failure to State a Claim, #15 Motion to Dismiss for Failure to State a Claim,. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (jd) |
| Filing 12 NOTICE [of Intention to Enter Judgment of Non Pros on Professional Liability Claim] by COLLEEN BENTON (Attachments: #1 Certificate of Service to Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim) (Johnson, David) |
|
Filing 11
ORDER granting #9 MOTION for Extension of Time to File Response/Reply as to #1 Complaint; The time for defendants to answer the complaint or, alternatively, file a motion pursuant to F.R.C.P. 12 is extended to 4/24/2024; No further extension will be granted; Counsel are reminded of the meet and confer certification requirement. Signed by Magistrate Judge Maureen P. Kelly on 3/14/2024. (map)
|
| Update Answer Deadline: Answer from COLLEEN BENTON, ERIN KELLY, HEIDI ONDEK, LISA REALE, MEGAN SIMMEN and WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN due on 4/24/2024. (map) |
| Filing 10 RESPONSE IN OPPOSITION to Defendant's Motion for an Extension of Time filed by KELLIE SMEDBERG. (Attachments: #1 Exhibit Letters) (Rabner, Monte) |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, [Motion for a 30-Day Extension of Time to Respond to Plaintiffs' Complaint] by COLLEEN BENTON, ERIN KELLY, HEIDI ONDEK, LISA REALE, MEGAN SIMMEN, WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN. (Attachments: #1 Exhibit A - Letter Requesting Extension of Time, #2 Exhibit B - Plaintiffs Response Letter Dated March 12, 2024, #3 Proposed Order to Motion for a 30-Day Extension of Time, #4 Certificate of Service to Motion for a 30-Day Extension of Time) (Johnson, David) |
| Filing 8 Disclosure Statement identifying None as corporate parent or other affiliate by WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN. (Johnson, David) |
| Filing 7 NOTICE of Appearance by David R. Johnson on behalf of COLLEEN BENTON, ERIN KELLY, HEIDI ONDEK, LISA REALE, MEGAN SIMMEN, WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN. (Johnson, David) |
| Update Answer Deadline: Answer due from COLLEEN BENTON on 3/27/2024; ERIN KELLY on 3/27/2024; HEIDI ONDEK on 3/27/2024; LISA REALE on 3/27/2024; MEGAN SIMMEN on 3/27/2024; WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN on 3/27/2024 (bjr) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Colleen Benton, Erin Kelly, Heidi Ondek, Lisa Reale, Megan Simmen, Western PA School for Blind Children on 03/06/2024, filed by KELLIE SMEDBERG. (Rabner, Monte) |
| Filing 5 Summons Issued as to COLLEEN BENTON, ERIN KELLY, HEIDI ONDEK, LISA REALE, MEGAN SIMMEN, WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN (jd) |
| Filing 3 PRAECIPE to Issue Summons by KELLIE SMEDBERG (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Rabner, Monte) |
|
Filing 2
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12 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 Rule 12 motion, including motions for judgment on the pleadings under Rule 12(c), to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, Rule 12 motions 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. Rule 12 motions that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 2/23/2024. (lyk)
|
| Filing 1 COMPLAINT against COLLEEN BENTON, ERIN KELLY, HEIDI ONDEK, LISA REALE, MEGAN SIMMEN, WESTERN PENNSYLVANIA SCHOOL FOR BLIND CHILDREN (Filing fee, including Administrative fee, $405, receipt number APAWDC-8122546), filed by KELLIE SMEDBERG, N.S., MARK SMEDBERG. (Attachments: #1 Civil Cover Sheet) (jd) |
| Magistrate Judge Maureen P. Kelly added. (jd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
