READER v. BLAIR COUNTY, PENNSYLVANIA et al
| RICHARD READER |
| BLAIR COUNTY, PENNSYLVANIA, ABBIE TATE, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, JAMES OTT, LARRY HOPKINS, CITY OF ALTOONA, PENNSYLVANIA and THE ESTATE OF GEORGE E. BISTLINE |
| 3:2022cv00140 |
| August 30, 2022 |
| US District Court for the Western District of Pennsylvania |
| Kim R Gibson |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 BRIEF in Support re #32 Motion to Dismiss for Failure to State a Claim filed by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Certificate of Service) (Matthews, Bernard) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #30 Amended Complaint, by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Matthews, Bernard) |
Filing 31
ORDER - It is HEREBY ORDERED that Defendants' Motions to Dismiss (ECF Nos. #20 , #23 , #25 ) are DENIED WITHOUT PREJUDICE AS MOOT due to the filing of Plaintiff's Amended Complaint. (ECF No. #30 ). Signed by Judge Kim R. Gibson on 11/21/2022. (dlg)
|
| Filing 30 AMENDED COMPLAINT against GEORGE E. BISTLINE, BLAIR COUNTY, PENNSYLVANIA, CITY OF ALTOONA, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, LARRY HOPKINS, JAMES OTT, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE GEORGE E. BISTLINE answer due 12/2/2022; BLAIR COUNTY, PENNSYLVANIA answer due 12/2/2022; CITY OF ALTOONA, PENNSYLVANIA answer due 12/2/2022; JAMES ECKARD answer due 12/2/2022; SHAUN EDMUNDSON answer due 12/2/2022; DAVID FOGLE answer due 12/2/2022; LARRY HOPKINS answer due 12/2/2022; JAMES OTT answer due 12/2/2022; NATHANIEL PORT answer due 12/2/2022; ZACHARY STITT answer due 12/2/2022; ABBIE TATE answer due 12/2/2022, filed by RICHARD READER. (Bracken, Robert) |
|
Filing 29
ORDER: Pursuant to Local Rule 16.1 and 16.2, an Initial Rule 16 Case Management Conference shall be held TELEPHONICALLY on December 16, 2022, at 10:00 a.m., and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 11/2/2022. (Attachments: #1 Exhibit "A" - Stipulation Selecting ADR Process, #2 Exhibit "B" - Fed.R.Civ. P. 26(f) Report, #3 Exhibit "C" - Initial Scheduling Order) (dlg)
|
| Filing 28 SEALED EXHIBIT in support of Altoona's and Sergeant Bistline's #26 BRIEF in Support re #25 Motion to Dismiss for Failure to State a Claim by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA pursuant to #19 Order on Motion for Leave to File, Order on Motion for Leave to File Documents Under Seal (Matthews, Bernard). Modified on 11/1/2022 to correct document linkage (dmh). |
| Filing 27 SEALED EXHIBIT in support of Altoona's and Sergeant Bistline's #26 BRIEF in Support re #25 Motion to Dismiss for Failure to State a Claim by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA pursuant to #19 Order on Motion for Leave to File, Order on Motion for Leave to File Documents Under Seal (Matthews, Bernard). Modified on 11/1/2022 to correct document linkage (dmh). |
| Filing 26 BRIEF in Support re #25 Motion to Dismiss for Failure to State a Claim filed by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Certificate of Service) (Matthews, Bernard) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint, by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Matthews, Bernard) |
| Filing 24 BRIEF in Support re #23 Motion to Dismiss for Failure to State a Claim filed by LARRY HOPKINS, JAMES OTT. (Lavery, Frank) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint, by LARRY HOPKINS, JAMES OTT. (Attachments: #1 Proposed Order, #2 Certificate of Conferral/Certificate of Nonconcurrence) (Lavery, Frank) |
| Filing 22 BRIEF in Support re #20 Motion to Dismiss for Failure to State a Claim, filed by BLAIR COUNTY, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE. (Maierhofer, Mary) |
| Filing 21 SEALED EXHIBIT in support of #1 Motion to Dismiss for Failure to State a Claim Exhibit 1 by BLAIR COUNTY, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE, pursuant to #19 Order on Motion for Leave to File, Order on Motion for Leave to File Documents Under Seal. (Maierhofer, Mary). Modified on 11/1/2022 to correct document linkage (dmh). |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint, by BLAIR COUNTY, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE. (Attachments: #1 Exhibit, #2 Proposed Order) (Maierhofer, Mary) |
|
Filing 19
MEMORANDUM ORDER - Upon careful consideration of Defendants' "Joint Motion to Submit and Rely Upon Video Evidence in Support of Their Respective Motions to Dismiss[,]" (ECF No. #13 ), it is HEREBY ORDERED that the Motion is DENIED. Further, upon careful consideration of Defendants City of Altoona, Pennsylvania ("Altoona") and the Estate of George E. Bistline's ("Bistline") "Motion to File Exhibit Supporting Rule 12(b)(6) Motion Under Seal[,]" (ECF No. #14 ), it is HEREBY ORDERED AS FOLLOWS: The Motion is GRANTED insofar as Defendants request to file Altoona's police practices and procedures manual, or any portions thereof that Altoona cities in support of its forthcoming motion to dismiss, under seal with the Court. Finally, upon careful consideration of Defendants Blair County, Pennsylvania; Abbie Tate; James Eckard; Shaun Edmundson; David Fogle; Nathaniel Port; and Zachary Stitt's (collectively, "Defendants") "Motion to Seal Exhibit '1' to the Defendants' Motion to Dismiss Under Rule 12(b)(6)[,]" (ECF No. #15 ), it is HEREBY ORDERED AS FOLLOWS: The Motion is GRANTED insofar as Defendants request to file the Inmate Transportation Policy (the "Policy") under seal, and as more fully stated in said Memorandum Order. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 10/31/2022. dlg
|
| Filing 18 RESPONSE IN OPPOSITION to #15 Motion for Leave to File Documents Under Seal, filed by RICHARD READER. (Bracken, Robert) |
| Filing 17 RESPONSE IN OPPOSITION to #14 Motion for Leave to File Documents Under Seal, filed by RICHARD READER. (Bracken, Robert) |
| Filing 16 RESPONSE IN OPPOSITION to #13 Motion for Leave to File, filed by RICHARD READER. (Bracken, Robert) |
| Filing 15 MOTION for Leave to File Documents Under Seal by BLAIR COUNTY, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE. (Attachments: #1 Proposed Order) (Maierhofer, Mary) |
| Filing 14 MOTION for Leave to File Documents Under Seal Supporting Motion to Dismiss Complaint by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Matthews, Bernard) |
| Filing 13 Joint MOTION for Leave to File Video Evidence by GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Matthews, Bernard) |
| Filing 12 WAIVER OF SERVICE Returned Executed by RICHARD READER. GEORGE E. BISTLINE waiver sent on 8/31/2022, answer due 10/31/2022; CITY OF ALTOONA, PENNSYLVANIA waiver sent on 8/31/2022, answer due 10/31/2022. (Bracken, Robert) |
| Filing 11 WAIVER OF SERVICE Returned Executed by LARRY HOPKINS, JAMES OTT. LARRY HOPKINS waiver sent on 8/30/2022, answer due 10/31/2022; JAMES OTT waiver sent on 8/30/2022, answer due 10/31/2022. (Lavery, Frank) |
| Filing 10 NOTICE of Appearance by Andrew W. Norfleet on behalf of LARRY HOPKINS, JAMES OTT. (Norfleet, Andrew) |
| Filing 9 NOTICE of Appearance by Frank J. Lavery, Jr on behalf of LARRY HOPKINS, JAMES OTT. (Lavery, Frank) |
| Filing 8 NOTICE of Appearance by Alexander W. Brown on behalf of GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Brown, Alexander) |
| Filing 7 NOTICE of Appearance by Charles J. Dangelo on behalf of GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Dangelo, Charles) |
| Filing 6 NOTICE of Appearance by Bernard P. Matthews, Jr on behalf of GEORGE E. BISTLINE, CITY OF ALTOONA, PENNSYLVANIA. (Matthews, Bernard) |
| Filing 5 NOTICE of Appearance by Charles A. Lamberton on behalf of RICHARD READER. (Lamberton, Charles) |
| Filing 4 WAIVER OF SERVICE Returned Executed by SHAUN EDMUNDSON, BLAIR COUNTY, PENNSYLVANIA, DAVID FOGLE, ZACHARY STITT, NATHANIEL PORT, ABBIE TATE, JAMES ECKARD. SHAUN EDMUNDSON waiver sent on 8/30/2022, answer due 10/31/2022; BLAIR COUNTY, PENNSYLVANIA waiver sent on 8/30/2022, answer due 10/31/2022; DAVID FOGLE waiver sent on 8/30/2022, answer due 10/31/2022; ZACHARY STITT waiver sent on 8/30/2022, answer due 10/31/2022; NATHANIEL PORT waiver sent on 8/30/2022, answer due 10/31/2022; ABBIE TATE waiver sent on 8/30/2022, answer due 10/31/2022; JAMES ECKARD waiver sent on 8/30/2022, answer due 10/31/2022. (Maierhofer, Mary) |
| Filing 3 NOTICE of Appearance by Mary Lou Maierhofer on behalf of BLAIR COUNTY, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE. (Maierhofer, Mary) |
| Filing 2 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh) |
| Filing 1 COMPLAINT against GEORGE E. BISTLINE, BLAIR COUNTY, PENNSYLVANIA, CITY OF ALTOONA, PENNSYLVANIA, JAMES ECKARD, SHAUN EDMUNDSON, DAVID FOGLE, LARRY HOPKINS, JAMES OTT, NATHANIEL PORT, ZACHARY STITT, ABBIE TATE (Filing fee, including Administrative fee, $402, receipt number APAWDC-7266206), filed by RICHARD READER. (Attachments: #1 Civil Cover Sheet) (dmh) |
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.
