Case: Rosen v. City of Philadelphia

2:00-cv-00764 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Feb. 11, 2000

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On February 11, 2000, plaintiffs, a group of individuals with diabetes who were allegedly denied proper medical care and diet while in police custody, filed a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania against the City of Philadelphia under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, sought injunctive relief, damages, and attorneys' fees. Plaintiffs alleged the City of Philadelphia failed to ensure that individuals with diabetes who…

On February 11, 2000, plaintiffs, a group of individuals with diabetes who were allegedly denied proper medical care and diet while in police custody, filed a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania against the City of Philadelphia under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, sought injunctive relief, damages, and attorneys' fees. Plaintiffs alleged the City of Philadelphia failed to ensure that individuals with diabetes who were detained or arrested by police received adequate treatment.

On March 6, 2001, the District Court (Judge Petrese B. Tucker) certified both an injunctive class, including all those who are or will be in the custody of the Philadelphia Police Department, and a damages class, consisting of all those with diabetes who were denied timely and adequate medical care and diet while in the custody of the Philadelphia Police Department.

On March 13, 2003, the parties reached a settlement agreement providing for: (1) centralized processing and medical services for all adult detainees with diabetes, (2) a "source of sugar" available in all police districts and units, (3) monitoring of compliance by plaintiffs' counsel and the American Diabetes Association for 18 months following approval of the settlement agreement, (4) training videos on the needs of people with diabetes in custody incorporated into police training and diabetes posters placed in each area where prisoners are detained, (5) compensation for the damages class, and (6) attorneys' fees. The settlement agreement was approved by the District Court (Judge Petrese B. Tucker) on October 16, 2003.

Following the final monitoring report, on July 2, 2007, the District Court (Judge Petrese B. Tucker) dismissed the case.

Summary Authors

Kristen Sagar (4/12/2009)

Brendan Brown (10/15/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8429332/parties/rosen-v-city-of-philadelphia/


Judge(s)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Dever, Joseph P. Jr. (Pennsylvania)

Fay, Joseph B.G. (Pennsylvania)

Kulak, Kenneth M. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Scott, Jeffrey M. (Pennsylvania)

Yatvin, Alan L. (Pennsylvania)

Attorneys(s) for Defendant

Edwards, Mark (Pennsylvania)

Smith, Shelley R. (Pennsylvania)

Wolf, Denise S. (Pennsylvania)

Judge(s)

Tucker, Petrese B. (Pennsylvania)

Attorneys(s) for Plaintiff

Dever, Joseph P. Jr. (Pennsylvania)

Fay, Joseph B.G. (Pennsylvania)

Kulak, Kenneth M. (Pennsylvania)

Rudovsky, David (Pennsylvania)

Scott, Jeffrey M. (Pennsylvania)

Yatvin, Alan L. (Pennsylvania)

Attorneys(s) for Defendant

Edwards, Mark (Pennsylvania)

Smith, Shelley R. (Pennsylvania)

Wolf, Denise S. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

July 19, 2012 Docket
22

Memorandum and Order [Certifying Class]

2001 WL 484114

March 6, 2001 Order/Opinion

Press Release

No Court

March 13, 2003 Press Release
46

Order and Final Judgment

Sept. 25, 2003 Order/Opinion
53

Order Approving Settlement and Order for Distribution

July 20, 2004 Order/Opinion
61

Order [Dismissing Case]

June 21, 2005 Order/Opinion
78

Order [Dismissing All Claims for Injunctive Relief]

July 2, 2008 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8429332/rosen-v-city-of-philadelphia/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. filing fee $150 receipt #724208 (tj) (Entered: 02/14/2000)

Feb. 11, 2000 PACER

Summons(es) issued Forwarded: 1 original to counsel 2/14/00. (tj)

Feb. 11, 2000 PACER

Demand for jury trial by PLAINTIFF STEVEN ROSEN. (tj)

Feb. 11, 2000 PACER

Special Case Management Track. (tj)

Feb. 11, 2000 PACER
2

Return of service executed as to DEFENDANT CITY OF PHILADELPHIA 2/15/00 - personal (ph) (Entered: 02/16/2000)

Feb. 16, 2000 PACER
3

Appearance of SHELLEY R. SMITH for DEFENDANT CITY OF PHILADELPHIA. (md) (Entered: 02/17/2000)

Feb. 17, 2000 PACER
4

Demand for 8 person jury trial by DEFENDANT CITY OF PHILADELPHIA. (md) (Entered: 02/17/2000)

Feb. 17, 2000 PACER
5

STIPULATION AND ORDER THAT DEFT SHALL HAVE ANADDITIONAL (20) DAYS TO RESPOND TO PLFF'S COMPLAINT. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 3/7/00 ENTERED AND COPIES MAILED. (gn) (Entered: 03/07/2000)

March 7, 2000 PACER
6

Amended complaint by PLAINTIFF STEVEN ROSEN, Certificate of Service. (ph) (Entered: 03/22/2000)

March 21, 2000 PACER
7

STIPULATION AND ORDER THAT THE AMENDED COMPLAINT FILED 3/21/00 IS AMENDED AS FOLLOWS: PARAGRAPH 50 IS AMENDED TO READ "JUNE 4, 1998". PARAGRAPH 57 IS AMENDED TO READ "JUNE 5, 1998". ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 3/30/00 ENTERED AND COPIES MAILED. (kw) (Entered: 03/30/2000)

March 30, 2000 PACER
8

STIPULATION AND ORDER THAT ANSWER IS DUE FOR 4/25/00 for CITY OF PHILADELPHIA (Attorney: SHELLEY R. SMITH) ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 4/19/00 ENTERED AND COPIES MAILED . (ldb) Modified on 04/19/2000 (Entered: 04/19/2000)

April 19, 2000 PACER
9

STIPULATION AND ORDER THAT THE DEFENDANT CITY OF PHILADELPHIA IS GRANTED AN EXTENSION OF TIME UNTIL MAY 14, 2000 TO RESPOND TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 4/20/00 ENTERED AND COPIES MAILED. (ldb) (Entered: 04/20/2000)

April 20, 2000 PACER
10

STIPULATION AND ORDER THAT PLFFS ARE GRANTED AN EXTENSION OF TIME UNTIL 6/15/00 TO FILE A SECOND AMENDED COMPLAINT. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 5/17/00 ENTERED AND COPIES MAILED. (fb) (Entered: 05/17/2000)

May 16, 2000 PACER
11

STIPULATION AND ORDER THAT PLAINTIFFS ARE GRANTED AN EXTENSION OF TIME UNTIL 6/23/00 TO FILE A SECOND AMENDED COMPLAINT ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 6/2/00 ENTERED AND COPIES MAILED . (ldb) (Entered: 06/02/2000)

June 2, 2000 PACER
12

Second Amended complaint by PLAINTIFF STEVEN ROSEN, PLAINTIFF SCOTT BARCLIFF, PLAINTIFF TOM CONCANNON, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF KENNETH SONSINI, PLAINTIFF EDWARD MALIN, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF AMERICAN DIABETES ASSOCIATION, Certificate of Service. (ldb) Modified on 06/23/2000 (Entered: 06/23/2000)

June 23, 2000 PACER
13

Answer by CITY OF PHILADELPHIA (Attorney ) to second amended complaint, Affirmative Defenses, Certificate of Service. (ldb) (Entered: 07/14/2000)

July 13, 2000 PACER
14

MOTION by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF KENNETH SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, PLAINTIFF STEVEN ROSEN FOR CLASS CERTIFICATION, MEMORANDUM,, CERTIFICATE OF SERVICE. (ldb) (Entered: 07/27/2000)

July 27, 2000 PACER
15

ORDER, REASSIGNING FROM THE CALENDAR OF JUDGE BRUCE W. KAUFFMAN TO THE CALENDAR OF JUDGE PETRESE B. TUCKER . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 8/3/00 ENTERED AND COPIES MAILED . (ldb) (Entered: 08/03/2000)

Aug. 3, 2000 PACER
16

MOTION by DEFENDANT CITY OF PHILADELPHIA TO ENLARGE TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE. (ldb) (Entered: 08/16/2000)

Aug. 16, 2000 PACER
17

STIPULATION AND ORDER, RESPONSE TO MOTION reset to 9/8/00 for MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE PETRESE B. TUCKER ) 8/29/00 ENTERED AND COPIES MAILED . (ldb) (Entered: 08/29/2000)

Aug. 29, 2000 PACER
18

STIPULATION AND ORDER, RESPONSE TO MOTION reset to 9/29/00 for MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE PETRESE B. TUCKER ) 9/13/00 ENTERED AND COPIES MAILED . (ldb) (Entered: 09/13/2000)

Sept. 13, 2000 PACER
19

Response by DEFENDANT CITY OF PHILADELPHIA in opposition to plffs' MOTION FOR CLASS CERTIFICATION, Certificate of Service. (kw) (Entered: 09/29/2000)

Sept. 29, 2000 PACER
20

STIPULATION AND ORDER, RESPONSE TO MOTION reset to 10/16/00 for MOTION FOR CLASS CERTIFICATION ( SIGNED BY JUDGE PETRESE B. TUCKER ) 10/13/00 ENTERED AND COPIES MAILED (ldb) (Entered: 10/13/2000)

Oct. 12, 2000 PACER
21

Reply Memorandum by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, DEFENDANT CITY OF PHILADELPHIA in Support of MOTION FOR CLASS CERTIFICATION, Certificate of Service. (fh) (Entered: 10/16/2000)

Oct. 16, 2000 PACER
22

MEMORANDUM AND ORDER THAT THE MOTION FOR CLASS CERTIFICATION IS GRANTED AND THE FOLLOWING TWO CLASSES ARE CERTIFIED: AN INJUNCTIVE CLASS IS CERTIFIED PURSUANT TO F.R.CIV.P. 23(b)(2) CONSISTING OF ALL PERSONS WITH DIABETES WHO ARE OR WILL BE IN POLICE CUSTODY; A DAMAGE CLASS IS CERTIFIED PURSUANT TO F.R.CIV.P. 23(b)(3) CONSISTING OF ALL PERSONS WITH DIABETES WHO HAVE BEEN DENIED TIMELY AND APPROPRIATE MEDICAL CARE AND DIET WHILE IN THE CUSTODY OF THE PHILA. POLICE DEPT. SINCE 2/11/98, AS A RESULT OF DEFT.'S CUSTOMS AND POLICIES DENYING TIMELY AND APPROPRIATE MEDICAL CARE AND DIET TO PERSONS WITH DIABETES IN POLICE CUSTODY. (SIGNED BY JUDGE PETRESE B. TUCKER), 3/6/01 ENTERED AND COPIES MAILED. (rp) (Entered: 03/06/2001)

March 6, 2001 PACER
23

Withdrawal of LEON A. KING, II and Appearance of JEFFREY M. SCOTT for DEFENDANT CITY OF PHILADELPHIA. (fh) (Entered: 03/12/2001)

March 9, 2001 PACER
24

Notice of change of address by ALAN L. YATVIN, Certificate of Service. (rp) (Entered: 03/23/2001)

March 23, 2001 PACER
25

Certified copy of order from USCA that the petition for permission to appeal is denied. (gm) (Entered: 04/24/2001)

April 24, 2001 PACER
26

STIPULATION AND PROTECTIVE ORDER, ETC. (SIGNED BY JUDGE PETRESE B. TUCKER), 5/14/01 ENTERED AND COPIES MAILED. (rp) (Entered: 05/14/2001)

May 14, 2001 PACER

Certain documents governed by Protective Order. (rp)

May 14, 2001 PACER
27

Third Amended complaint by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF KENNETH SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, STEVEN ROSEN, amending second amended complaint, Certificate of Service. (jpd) (Entered: 12/13/2001)

Dec. 12, 2001 PACER
28

STIPULATION & ORDER THAT PLAINTIFF'S MAY FILE A THIRD AMENDED COMPLAINT. IT IS FURTHER STIPULATED AND AGREED THAT DEFENDANT'S AGREEMENT TO THE FILING OF SUCH AMENDED PLEADING SHALL BE WITHOUT PREJUDICE TO THE RIGHT TO RAISE ANY OBJECTIONS OR DEFENSES TO THE AMENDMENTS. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 12/17/01 ENTERED AND COPIES MAILED. (rv) (Entered: 12/17/2001)

Dec. 17, 2001 PACER

14 Original Summons(es) issued Forwarded to: Counsel 1/8/02 (jpd)

Dec. 17, 2001 PACER
29

STIPULATION & ORDER THAT DEFENDANTS ROBERT KANE, THOMAS HIGGINS, O'MALLEY, MC GARRY, THOMAS, O'NEILL, BAEZ, ANDERSON, OBUCHOWICZ, COCO, IVERY, KING, KELLY, CITY OF PHILADELPHIA SHALL ANSWER OR OTHERWISE PLEAD TO PLAINTIFF'S THIRD AMENDED COMPLAINT ON OR BEFORE 1/26/02. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 1/8/02 ENTERED AND COPIES MAILED. (rv) (Entered: 01/08/2002)

Jan. 7, 2002 PACER
30

Affidavit of: JOHN-PAUL ZITO re: served summons and complaint upon Lee Holiday for DEFENDANT KELLY, DEFENDANT GURAL, DEFENDANT KING, DEFENDANT IVERY, DEFENDANT COCO, DEFENDANT DEFENDANT ANDERSON . Served by: PERSONAL SERVICE on 1/16/02. (rv) (Entered: 01/18/2002)

Jan. 18, 2002 PACER
31

Affidavit of: JOHN-PAUL ZITO re: served summons and complaint upon Lee Holiday forDEFENDANT BAEZ, DEFENDANT O'NEILL, DEFENDANT THOMAS, DEFENDANT MC GARRY, DEFENDANT O'MALLEY, DEFENDANT THOMAS HIGGINS, DEFENDANT ROBERT KANE . Served by: PERSONAL SERVICE on 1/16/02 . (rv) (Entered: 01/18/2002)

Jan. 18, 2002 PACER
32

STIPULATION & ORDER THAT ALL NAMED DEFENDANTS ARE GRANTED AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING TO PLAINTIFF'S THIRD AMENDED COMPLAINT NO LATER THAN 2/22/02. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 1/23/02 ENTERED AND COPIES MAILED. (rv) (Entered: 01/23/2002)

Jan. 23, 2002 PACER
33

Answer and Affirmative Defenses by CITY OF PHILADELPHIA, ANDERSON, BAEZ, O'NEILL, THOMAS, MC GARRY, O'MALLEY, THOMAS HIGGINS, ROBERT KANE to amended complaint, Certificate of Service. (rv) (Entered: 02/27/2002)

Feb. 26, 2002 PACER

ISSUE JOINED. (rv)

Feb. 26, 2002 PACER

Status conference SET at 9:00 4/11/02 (rv)

March 15, 2002 PACER

Status conference SET at 9:00 4/23/02 (rv)

April 8, 2002 PACER
34

SCHEDULING ORDER SETTING DEADLINE FOR FILING OF ALL MOTIONS 11/29/02 ; DISCOVERY COMPLETED BY 10/25/02 ; TRIAL POOL DEADLINE SET FOR 3/3/03 ; ETC. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 7/3/02 ENTERED AND COPIES MAILED. (rv) (Entered: 07/03/2002)

July 3, 2002 PACER
35

Appearance of JOSEPH B. G. FAY for PLAINTIFF AMERICAN DIABETES AS, Certificate of Service. (rv) (Entered: 07/24/2002)

July 24, 2002 PACER
36

Appearance of JOSEPH P. DEVER JR. for PLAINTIFF AMERICAN DIABETES AS, Certificate of Service. (rv) (Entered: 07/24/2002)

July 24, 2002 PACER
37

Appearance of KENNETH M. KULAK for PLAINTIFF AMERICAN DIABETES AS, Certificate of Service. (rv) (Entered: 07/25/2002)

July 24, 2002 PACER
38

SCHEDULING ORDER SETTING DEADLINE FOR FILING OF ALL MOTIONS 1/31/03 ; DISCOVERY COMPLETED BY 12/27/02 ; TRIAL POOL DEADLINE SET FOR 5/5/03 ; ETC. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 8/2/02 ENTERED AND COPIES MAILED. (rv) (Entered: 08/02/2002)

Aug. 2, 2002 PACER
39

JOINT MOTION by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF KENNETH SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, DEFENDANT CITY OF PHILADELPHIA, PLAINTIFF STEVEN ROSEN, PLAINTIFF AMERICAN DIABETES SEEKING PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT FOR INJUNCTIVE RELIEF, MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 03/13/2003)

March 13, 2003 PACER
40

JOINT MOTION by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF KENNETH SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, DEFENDANT CITY OF PHILADELPHIA, PLAINTIFF STEVEN ROSEN, PLAINTIFF AMERICAN DIABETES SEEKING PRELIMINARY APPROVAL OF THE STIPULATION AND AGREEMENT OF SETTLEMENT FOR THE DAMAGES CLASS, MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 03/13/2003)

March 13, 2003 PACER
41

Praecipe by PLAINTIFF AMERICAN DIABETES AS, PLAINTIFF RUSSELL JEFFERSON, PLAINTIFF EDWARD MALIN, PLAINTIFF KENNETH SONSINI, PLAINTIFF WILLIAM DESILVIS, PLAINTIFF TOM CONCANNON, PLAINTIFF SCOTT BARCLIFF, PLAINTIFF STEVEN ROSEN, PLAINTIFF AMERICAN DIABETES to Substitute Notices and Forms, Certificate of Service . (rv) (Entered: 04/30/2003)

April 30, 2003 PACER
42

ORDER OF NOTICE AND HEARING THAT PRELIMINARY APPROVAL OF THE STIPULATION AND AGREEMENT OF SETTLEMENT FOR THE DAMAGES CLASS IS GRANTED; NOTICE TO THE CLASS SHALL BE GIVEN IN THE MANNER SET FORTH IN THE STIPULATION WITHIN 20 DAYS OF THE DATE OF THIS ORDER. A HEARING IS SET FOR 9/26/03 AT 10:00, ETC. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 5/8/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 5/2/03. (rv) Modified on 05/08/2003 (Entered: 05/08/2003)

May 8, 2003 PACER
43

ORDER THAT THE SETTLEMENT AGREEMENT IS GRANTED PRELIMINARY APPROVAL, WITH PLAINTIFFS AND DEFENDANT TO PROVIDE NOTICE AS SET FORTH IN THE MEMORANDUM OF LAW AND ATTACHED EXHIBITS, AND MODIFIED BY THE "SUBSTITUTE NOTICES AND FORMS" PREVIOUSLY FILED BY THE PARTIES WITH THE COURT. ( SIGNED BY JUDGE PETRESE B. TUCKER ) 5/13/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 5/13/03. (rv) (Entered: 05/13/2003)

May 13, 2003 PACER
44

NOTICE by STEVEN ROSEN of Damages Claims Allocation, Certificate of Service. (Attachments: # 1 Exhibit Administrator's Allocation) (YATVIN, ALAN) Modified on 9/3/2003 (np). (Entered: 09/02/2003)

1 Exhibit Administrator's Allocation

View on PACER

Sept. 2, 2003 PACER
45

PLAINTIFF STEVEN ROSEN'S MOTION FOR ATTORNEYS' FEES AND COSTS PURSUANT TO F.R.CIV.P. 54(D)(2) AND U.S.C. SECTION 1988, MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A)(YATVIN, ALAN) Modified on 9/24/2003 (fh) (Entered: 09/23/2003)

1 Exhibit A

View on PACER

Sept. 23, 2003 PACER
46

UNOPPOSED MOTION FOR FOR ENTRY OF ORDER AND FINAL JUDGMENT BY PLAINTIFF STEVEN ROSEN. (Attachments: # 1 Exhibit A # 2 Exhibit B)(YATVIN, ALAN) Modified on 9/26/2003 (fh) (Entered: 09/25/2003)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Sept. 25, 2003 PACER
47

JOINT MOTION BY AMERICAN DIABETES ASSOCIATION, CITY OF PHILADELPHIA, STEVEN ROSEN SEEKING THE FINAL APPROVAL OF THE SETTLEMENT AGREEMENT FOR INJUNCTIVE RELIEF, CERTIFICATE OF SERVICE.(rv, ) (Entered: 09/25/2003)

Sept. 25, 2003 PACER
48

ORDER THAT THE MOTION FOR SUBSTITUTION OF THE CLASS REPRESENTATIVE IS GRANTED. MS. MARY ELLEN JONES IS SUBSTITUTED AS NAMED CLASS REPRESENTATIVE. THE CLERK OF THE COURT SHALL AMEND THE CAPTION TO REFLECT THE SUBSTITUTION. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/16/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(rv, ) (Entered: 10/16/2003)

Oct. 16, 2003 PACER
49

ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS IS GRANTED. JUDGMENT FOR COMPROMISED REASNABLE ATTORNEY'S FEES AND COSTS IS ENTERED IN THE TOTAL AMOUNT OF $85,000.00, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE STIPULATION AND AGREEMENT OF SETTLEMENT OF CLASS DAMAGE CLAIMS AND THE SETTLEMENT FOR INJUNCTIVE RELIEF. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/16/03.10/16/03 ENTERED AND COPIES MAILED AND FAXED. (rv, ) (Entered: 10/16/2003)

Oct. 16, 2003 PACER
50

ORDER THAT THE SETTLEMENT IS APPOVED, ETC. IT IS FURTHER ORDERED THAT PLAINTIFF'S COUNSEL ALAN L. YATVIN AND DAVID RUDOVSKY SHALL BE AWARDEDTHE SUM OF $45,000.00 IN COMPROMISE OF THEIR FAIR AND REASONABLE FEES AND EXPENSES INCURRED IN CONNECTION WITH THE INJUNCTIVE ACTION, WHICH AMOUNTS SHALL BE PAID TO PLAINTIFF'S LEAD COUNSEL BY DEFENDANT CITY OF PHILADELPHIA. IT IS FURTHER ORDER THAT THE COURT SHALL RETAIN JURISDICTION OVER THOSE PORTIONS OF THE SETTLEMENT AGREEMENT SPECIFIED IN PARAGRAPH 10 OF THE SETTLEMENT AGREEMENT. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/16/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(rv, ) (Entered: 10/16/2003)

Oct. 16, 2003 PACER
51

ORDER & FINAL JUDGMENT THAT THIS COURT HEREBY FINALLY CERTIFIES A DAMAGE CLASS PURSUANT TO THE F.R.C.P. 23(b)(3) CONSISTING OF ALL PERSONS WITH DIABETES WHO HAVE BEEN DENIED TIMELY AND APPROPRIATE MEDICAL CARE AND DIET WHILE IN THE CUSTODY OF THE PHILADELPHIA POLICE DEPARTMENT BETWEEN 2/11/98 AND 3/31/01, AS A RESULT OF DEFENDANT'S CUSTOMS AND POLICIES DENYING TIMELY AND APPROPRIATE MEDICAL CARE AND DIET TO PERSONS WITH DIABETES IN POLICE CUSTODY. THE CLASS DAMAGES SETTLEMENT IS APPROVED AS FAIR, REASONABLE AND ADEQUATE, AND THE CLASS MENBERS AND THE PARTIES ARE DIRECTED TO CONSUMMATE THE SETTLEMENT IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE STIPULATION. THE COMPLAINT IS HEREBY DISMISSED WITH PREJUDICE, EXCEPT AS TO THE INDIVIDUAL PLAINTIFFS WHO FILED FOR EXCLUSION, AND WITHOUT COSTS, EXCEPT AS PROVIDED IN THE STIPULATION, AS AGAINST THE DEFENDANT, ETC. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/16/03. 10/16/03 ENTERED AND COPIES MAILED AND FAXED.(rv, ) (Entered: 10/16/2003)

Oct. 16, 2003 PACER
52

Petition for Approval of Settlement and Distribution filed by RUSSELL JEFFERSON, Certificate of Service. (YATVIN, ALAN) Modified on 6/15/2004 (np). (Entered: 06/15/2004)

June 15, 2004 PACER
53

ORDER APPROVING SETTLEMENT AND ORDER FOR DISTRIBUTION THAT PETITIONER IS AUTHORIZED TO ENTER INTO A SETTLEMENT WITH DEFENDANT CITY OF PHILADELPHIA, IN THE AMOUNT OF $25,000 AS SETTLEMENT OF ALL CLAIMS BY RUSSELL JEFFERSON, DECEASED, AND THE ESTATE FO RUSSELL JEFFERSON, ONLY, ETC. COUNSEL FOR PETITIONER SHALL FILE WITH THE CLERK OF DISTRICT COURT WITHIN SIXTY DAYS FROM RECEIPT OF SETTLEMENT FUNDS AND AFFIDAVIT FORM COUNSEL CERTIFYING COMPLIANCE WITH THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 07/20/04. 07/21/04 ENTERED AND COPIES MAILED AND FAXED.(ac, ) (Entered: 07/21/2004)

July 20, 2004 PACER
54

AMENDED SHEDULING ORDER THAT DISCOVERY SHALL BE COMPLETED BY JUNE 1, 2005. ALL MOTIONS FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT SHALL BE FILED ON OR BEFORE JULY 15, 2005. THIS CASE IS SCHEDULED FOR A PRE-TRIAL CONFERENCE FOR SEPTEMBER 15, 2005. THE CASE WILL BE PLACED ON THE COURT'S TRIAL IST ON OCTOBER 3, 2005. SIGNED BY JUDGE PETRESE B. TUCKER ON 12/15/04. 12/20/04 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 12/20/2004)

Dec. 20, 2004 PACER
55

ORDER THAT A TELEPHONIC STATUS CONFERENCE IS SCHEDULED BEFORE THE UNDERSIGNED ON TUESDAY, APRIL 26, 2005, AT 9:00 A.M. . SIGNED BY JUDGE JACOB P. HART ON 04/14/05. 04/14/05 ENTERED AND COPIES E-MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 04/14/2005)

April 14, 2005 PACER
56

ORDER THAT THE DAMAGES CLAIMS OF PLAINTIFFS ROSEN, BARCLIFF, MALIN AND SONSINI ARE REFERRED TO MAGISTRATE JUDGE JACOB P. HART TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF JUDGMENT IN ACCORDANCE WITH 28 U.S.C. 636(c) AND F.R.C.P. 73. SIGNED BY JUDGE PETRESE B. TUCKER ON 4/15/2005. 4/18/2005 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 04/18/2005)

April 18, 2005 PACER
57

ORDER THAT A SETTLEMENT CONFERENCE HAS BEEN SCHEDULED BEFORE THE UNDERSIGNED ON JUNE 21, 2005, AT 10:00 A.M. IN ROOM 3006 . SIGNED BY JUDGE JACOB P. HART ON 04/27/05. 04/28/05 ENTERED AND COPIES FAXED. COPIES FAXED AND MAILED BY CHAMBERS.(ac, ) (Entered: 04/28/2005)

April 28, 2005 PACER
58

Minute Entry for proceedings held before Judge JACOB P. HART : Pretrial Conference held on 04/26/05. (ac, ) (Entered: 05/05/2005)

May 5, 2005 PACER
59

AMENDED SCHEDULING ORDER DISCOVERY SHALL BE COMPLETED BY SEPTEMBER 1, 2005. ALL DISPOSITIVE MOTIONS AND/OR DAUBERT MOTIONS SHALL BE FILED ON OR BEFORE OCTOBER 17, 2005. ALL RESPONSES TO DISPOSITIVE MOTIONS AND/OR DAUBERT MOTIONS SHALL BE FILED ON OR BEFORE OCTOBER 17, 2005. ALL MOTIONS IN LIMINE SHALL BE FILED BY NOVEMBER 21, 2005. RESPONSES TO MOTIONS IN LIMINE SHALL BE FILED BY NOVEMBER 28, 2005. A PRETRIAL STIPULATION, SIGNED BY ALL COUNSEL, SHALL BE FILED BY NOVEMBER 21, 2005. A FINAL PRETRIAL CONFERENCE WILL TAKE PLACE ON MONDAY, DECEMBER 5, 2005, AT 9:30 A.M. WITH JURY SELECTION AND TRIAL TO COMMENCE IMMEDIATELY THEREAFTER IN COURTROOM 3D . SIGNED BY JUDGE JACOB P. HART ON 05/20/05. 05/20/05 ENTERED AND COPIES E-MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 05/20/2005)

May 20, 2005 PACER
60

ORDER THAT THE SETTLEMENT AGREEMENT IS EXTENDED TO OCTOBER 17, 2005, ETC . SIGNED BY JUDGE PETRESE B. TUCKER ON 05/31/05. 06/01/05 ENTERED AND COPIES MAILED AND FAXED.(ac, ) (Entered: 06/01/2005)

June 1, 2005 PACER
61

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY JUDGE JACOB P. HART ON 06/21/05. 06/22/05 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 06/22/2005)

June 22, 2005 PACER
62

Minute Entry for proceedings held before Judge JACOB P. HART : Settlement Conference held on 06/21/05. (ac, ) (Entered: 06/22/2005)

June 22, 2005 PACER
63

ORDER THAT THE ORDER PREVIOUSLY FILED DISMISSING THE ABOVE-CAPTIONED MATTER PURSUANT TO THE PROVISIONS OF RULE 41.1(b) OF THE LOCAL RULES OF CIVIL PROCEDURE OF THIS COURT IS HEREBY VACATED. SIGNED BY JUDGE JACOB P. HART ON 06/21/05. 06/23/05 ENTERED AND COPIES E-MAILED. COPIES FAXED BY CHAMBERS 06/22/05.(ac, ) (Entered: 06/23/2005)

June 23, 2005 PACER
64

PLAINTIFFS' MOTION TO FILE PLAINTIFFS' FINAL MONITORING REPORT OT THE COURT AS A PUBLIC DOCUMENT FILED BY AMERICAN DIABETES ASSOCIATION,MEMORANDUM, CERTIFICATE OF SERVICE.(ac, ) (Entered: 10/23/2006)

Oct. 20, 2006 PACER
65

EXHIBIT TO PLAINTIFFS' MOTION TO FILE PLAINTIFFS' FINAL MONITORING REPORT BY AMERICAN DIABETES ASSOCIATION. (FILED UNDER SEAL)(ac, ) (Entered: 10/23/2006)

Oct. 20, 2006 PACER
66

ORDER THAT THE APRIL 18, 2005 ORDER OF REFERENCE TO JUDGE HART IS HEREBY REVOKED. ALL FURTHER PROCEEDING IN CONNECTION WITH THIS MATTER IS TO BE HANDLED BY THE UNDERSIGNED . SIGNED BY JUDGE PETRESE B. TUCKER ON 11/20/06. 11/22/06 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
67

ORDER THAT PLAINTIFFS' MOTION TO FILE PLAINTIFFS' FINAL MONITORING REPORT TO THE COURT AS A PUBLIC DOCUMENT IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS SHALL FILE A COPY OF EXHIBIT A TO PLAINTIFFS' MEMORANDUM WITH THE CLERK OF THE COURT WITHIN TEN DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER ON 11/20/06.11/22/06 ENTERED AND COPIES MAILED AND E-MAILED. (ac, ) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
68

Consent MOTION for Extension of Time to File Final Monitoring Report filed by AMERICAN DIABETES ASSOCIATION..(YATVIN, ALAN) (Entered: 12/27/2006)

Dec. 27, 2006 PACER
69

ORDER THAT PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE OUT OF TIME TO EXTEND THE DATE FOR FILING PLAINTIFFS' FINAL MONITORING REPORT TO THE COURT AS A PUBLIC DOCUMENT IS GRANTED, ETC. SIGNED BY JUDGE PETRESE B. TUCKER ON 01/08/07.01/06/07 ENTERED AND COPIES MAILED AND FAXED. (ac, ) Additional attachment(s) added on 5/15/2007 (ac, ). (Entered: 01/16/2007)

Jan. 16, 2007 PACER
70

Second MOTION for Extension of Time to File Final Monitoring Report filed by AMERICAN DIABETES ASSOCIATION..(YATVIN, ALAN) (Entered: 01/29/2007)

Jan. 29, 2007 PACER
71

ORDER THAT PLAINTIFFS' UNOPPOSED SECOND MOTION TO EXTEND THE DATE FOR FILING PLAINTIFFS' FINAL MONITORING REPORT TO THE COURT IS GRANTED. PLAINTIFFS SHALL FILE THE FINAL MONITORING REPORT ON OR BEFORE MONDAY, MARCH 5, 2007. SIGNED BY JUDGE PETRESE B. TUCKER ON 02/27/07.02/28/07 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 02/28/2007)

Feb. 27, 2007 PACER
72

Third MOTION for Extension of Time to File Final Monitoring Report filed by AMERICAN DIABETES ASSOCIATION, CERTIFICATE OF SERVICE..(YATVIN, ALAN) Modified on 3/1/2007 (afm, ). (Entered: 02/28/2007)

Feb. 28, 2007 PACER
73

ORDER THAT PLAINTIFFS' UNOPPOSED THIRD MOTION TO EXTEND THE DATE FOR FILING PLAINTIFFS' FINAL MONITORING REPORT IS GRANTED. PLAINTIFF SHALL FILE THE FINAL MONITORING REPORT ON OR BEFORE MONDAY, APRIL. 30, 2007. SIGNED BY JUDGE PETRESE B. TUCKER ON 03/05/07.03/06/07 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 03/06/2007)

March 5, 2007 PACER
74

JOINT NUNC PRO TUNC MOTION FOR LEAVE OUT OF TIME TO EXTEND THE DATE FOR FILING OF PLAINTIFFS' FINAL MONITORING REPORT FILED BY AMERICAN DIABETES ASSOCIATION, STEVEN ROSEN, MARY ELLEN JONES, SCOTT BARCLIFF, TOM CONCANNON, WILLIAM DESILVIS, KENNETH SONSINI, EDWARD MALIN, RUSSELL JEFFERSON,CERTIFICATE OF SERVICE.(ac, ) (Entered: 05/07/2007)

May 4, 2007 PACER
75

ORDER THAT THE PARTIES SHALL PARTICIPATE IN A TELECONFERENCE WITH THE COURT ON FRIDAY, MAY 18, 2007, AT 11:00 A.M., ETC. SIGNED BY JUDGE PETRESE B. TUCKER ON 05/10/07. 05/14/07 ENTERED AND COPIES MAILED AND E-MAILED.(ac, ) (Entered: 05/14/2007)

May 11, 2007 PACER
76

ORDER THAT THE PARTIES JOINT NUNC PRO TUNC MOTION FOR LEAVE OUT OF TIME TO EXTEND THE DATE FOR FILING OF PLAINTIFFS' FINAL MONITORING REPOT IS GRANTED. PLAINTIFFS SHALL FILE THE FINAL MONITORING REPORT ON OR BEFORE FRIDAY, JUNE 15, 2007. SIGNED BY JUDGE PETRESE B. TUCKER ON 05/23/07.05/24/07 ENTERED AND COPIES MAILED AND E-MAILED AND FAXED.(ac, ) (Entered: 05/24/2007)

May 24, 2007 PACER
77

NOTICE by AMERICAN DIABETES ASSOCIATION FINAL MONITORING REPORT, Certificate of Service. (EDWARDS, MARK) Modified on 6/20/2007 (fh) (Entered: 06/15/2007)

June 15, 2007 PACER
78

ORDER THAT ALL INJUNCTIVE RELIEF CLAIMS ASSERTED AGAINST DEFENDANT BY THE RULE 23 (b)(2) CLASS MEMBERS ARE DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/2/08. 7/3/08 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 07/03/2008)

July 2, 2008 PACER
79

NOTICE TO COUNSEL RE: LRCP 5.1.5. 3/2/2012. COPIES MAILED AND E-MAILED.(uh, ) (Entered: 03/02/2012)

March 2, 2012 PACER

Document No. 65 unsealed pursuant to L.R.C.P. 5.1.5.(uh, )

July 19, 2012 PACER

State / Territory: Pennsylvania

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 11, 2000

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Diabetics detained by the Philadelphia Police Department

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Philadelphia (Philadelphia), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2003 - 2008

Content of Injunction:

Monitoring

Reporting

Issues

General:

Conditions of confinement

Failure to train

Personal injury

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified