Case: Richardson v. Kane

3:11-cv-02266 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Dec. 7, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 7, 2011, plaintiff, a male prisoner, filed a complaint in the U.S. District Court of the Middle District of Pennsylvania under Bivens against the Federal Bureau of Prisons. The plaintiff, represented by public interest lawyers, asked the court for compensatory and punitive damages on behalf of himself and an injunction preventing defendants from continuing their unconstitutional housing, recreation, and restraint patterns, practices and policies on behalf of all current and future U…

On December 7, 2011, plaintiff, a male prisoner, filed a complaint in the U.S. District Court of the Middle District of Pennsylvania under Bivens against the Federal Bureau of Prisons. The plaintiff, represented by public interest lawyers, asked the court for compensatory and punitive damages on behalf of himself and an injunction preventing defendants from continuing their unconstitutional housing, recreation, and restraint patterns, practices and policies on behalf of all current and future United States Penitentiary (USP) Lewisburg prisoners. On July 27, 2012, the plaintiff filed an amended complaint against all defendants.

Specifically, the plaintiff claimed that the defendants violated plaintiff's right to be free from cruel and unusual punishment under the Eighth Amendment to the United States Constitution by forcing him to share a cell with a hostile prisoner, which caused a threat of violence, and by placing him in painful restraints that caused injury for prolonged periods on multiple occasions for refusing dangerous cell assignments with hostile prisoners; and that defendants violated his right to due process under the Fifth Amendment to the United States Constitution by depriving him of any meaningful process prior to and during their use of punitive measures against him. Plaintiff claimed that defendants engaged in a pattern, practice, or policy of placing hostile inmates together and putting those who refuse placement in brutal restraints for long periods of time.

In 2008, the Bureau of Prisons created the Special Management Unit (SMU) at USP Lewisburg to serve prisoners who present unique security and management concerns including prisoners who participated in or led group/gang-related activity. Prisoners participate in intake interviews, in part to allow officials to gather information about the prisoners so as to make safe and appropriate placement decisions.

On April 9, 2013, the U.S. District Court (Judge William B. Nealon) granted in part and denied in part defendant's motion to dismiss and declined to certify the class. 2013 WL 1452962. The plaintiff subsequently filed a petition to for leave to appeal the denial of class certification on April 23, 2013 to the Third Circuit, and the docket number 13-8046 was assigned. On October 3, 2014, the U.S. District Court granted an enlargement of time for discovery until after the Third Circuit Court of Appeals issues a decision on Richardson's appeal of his class certification claims, and the Third Circuit Court of Appeals has decided that Richardson's appeal will be held pending their decision in Shelton v. Bledsoe. On October 8, 2014, the U.S. District Court issued an order staying the case, pending further order of the court, and ordering the action administratively closed until after the Third Circuit Court of appeals issues a decision on Richardson's appeal of his class certification claims. On July 15, 2016, the Third Circuit reversed and remanded, determining that the class-wide claims for injunctive relief were not moot even though the individual plaintiff no longer had a personal stake in the class action. 829 F.3d 273. The Court of Appeals additionally ordered costs from appellees.

The district court lifted the stay on November 1, 2016 following the remand. The parties filed a joint case management plan on January 20, 2017. Plaintiff moved to certify the class on January 27, 2017. On June 26, 2017, Magistrate Judge Martin C. Carlson recommended that the court provisionally certify the class. The court denied the motion to certify the class without prejudice on October 17, 2017 because the plaintiff had not introduced any evidence to support the motion for class certification and therefore, the plaintiff had not affirmatively shown compliance with Rule 23's requirements of sufficiently numerous parties and common questions of law or fact. The plaintiff was granted leave to refile the motion for class certification within a reasonable time after discovery was complete. The case was referred to Magistrate Judge Susan Schwab on June 6, 2018 for discovery disputes.

On April 12, 2019, in the midst of ongoing discovery, the court ordered the resolution of the final discovery dispute. The court ordered the plaintiff to disclose the names of prisoners who may have information relevant to the claims in this case listed on his privilege log.

On July 10, 2019, the court ordered the plaintiff's motion and its supporting brief for class certification was due by September 30, 2019. The defendant's opposition to the class certification was due by November 18, 2019, and the plaintiff's reply was due by December 9, 2019.

As of October 31, 2019, the case was ongoing.

Summary Authors

Julie Singer (10/15/2014)

Elizabeth Heise (11/6/2018)

Emma Himes (10/31/2019)

Related Cases

Shelton v. Kane, Middle District of Pennsylvania (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4373433/parties/richardson-v-bledsoe/


Judge(s)

Brann, Matthew William (Pennsylvania)

Carlson, Martin C. (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Schwab, Susan (Pennsylvania)

Attorneys(s) for Plaintiff

Butler, Michael J. (Pennsylvania)

Davy, James (Pennsylvania)

Dermody, Francis J. (Pennsylvania)

Finkenstadt, Ivy (Virginia)

Golden, Deborah Maxine (District of Columbia)

Levin, Christine C. (Pennsylvania)

Judge(s)

Brann, Matthew William (Pennsylvania)

Carlson, Martin C. (Pennsylvania)

Nealon, William Joseph Jr. (Pennsylvania)

Schwab, Susan (Pennsylvania)

Attorneys(s) for Plaintiff

Butler, Michael J. (Pennsylvania)

Davy, James (Pennsylvania)

Dermody, Francis J. (Pennsylvania)

Finkenstadt, Ivy (Virginia)

Golden, Deborah Maxine (District of Columbia)

Levin, Christine C. (Pennsylvania)

Morgan-Kurtz, Alexandra T. (Pennsylvania)

Tobin, Jennifer J. (Pennsylvania)

Walsh, Marybeth (Pennsylvania)

Yeh, Su Ming (Pennsylvania)

Attorneys(s) for Defendant

Connell, Matthew J. (Pennsylvania)

Dalke, Samuel (Pennsylvania)

Macmain, David J. (Pennsylvania)

Documents in the Clearinghouse

Document

3:11-cv-02266

Docket [PACER]

Richardson v. Bledsoe

Nov. 9, 2018

Nov. 9, 2018

Docket
21

3:11-cv-02266

Amended Complaint

July 27, 2012

July 27, 2012

Complaint
39

3:11-cv-02266

Memorandum Opinion

2013 WL 1452962

April 9, 2013

April 9, 2013

Order/Opinion
54

3:11-cv-02266

Order Staying Case

Oct. 8, 2014

Oct. 8, 2014

Order/Opinion
48

3:11-cv-02266

15-02876

Opinion

Richardson v. Director Federal Bureau of Prisons

U. S. Court of Appeals for the Third Circuit

Sept. 6, 2016

Sept. 6, 2016

Order/Opinion
66

3:11-cv-02266

Joint Case Management Plan

Jan. 20, 2017

Jan. 20, 2017

Pleading / Motion / Brief
80

3:11-cv-02266

Report and Recommendation

June 26, 2017

June 26, 2017

Magistrate Report/Recommendation
98

3:11-cv-02266

Order

Richardson v. Bledsoe

Oct. 17, 2017

Oct. 17, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373433/richardson-v-bledsoe/

Last updated Sept. 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $350, Receipt Number 2350285), filed by Sebastian Richardson. (Attachments: # 1 Civil Cover Sheet)(ga, ) (Entered: 12/07/2011)

1 Civil Cover Sheet

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Dec. 7, 2011

Dec. 7, 2011

RECAP
2

NOTICE of Appearance by Marybeth Walsh on behalf of Sebastian Richardson (Walsh, Marybeth) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
3

WAIVER OF SERVICE Returned by Sebastian Richardson. Bryan A Bledsoe waiver sent on 12/13/2011, answer due 2/13/2012; J. Fleming waiver sent on 12/13/2011, answer due 2/13/2012; D Hudson waiver sent on 12/13/2011, answer due 2/13/2012; Miller waiver sent on 12/13/2011, answer due 2/13/2012; Joseph Norwood waiver sent on 12/13/2011, answer due 2/13/2012; M. Saylor waiver sent on 12/13/2011, answer due 2/13/2012; Scampone waiver sent on 12/13/2011, answer due 2/13/2012; Seeba waiver sent on 12/13/2011, answer due 2/13/2012; S. Snider waiver sent on 12/13/2011, answer due 2/13/2012; B Trate waiver sent on 12/13/2011, answer due 2/13/2012; Whittaker waiver sent on 12/13/2011, answer due 2/13/2012; David Young waiver sent on 12/13/2011, answer due 2/13/2012. (Tobin, Jennifer) (Entered: 01/14/2012)

Jan. 14, 2012

Jan. 14, 2012

PACER
4

WAIVER OF SERVICE Returned by Sebastian Richardson. P Carrasquilla waiver sent on 12/13/2011, answer due 2/13/2012; Lt. Mattly waiver sent on 12/13/2011, answer due 2/13/2012. (Tobin, Jennifer) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
5

WAIVER OF SERVICE Returned by Sebastian Richardson. Thomas R. Kane waiver sent on 12/13/2011, answer due 2/13/2012. (Tobin, Jennifer) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
6

MOTION to Appear Pro Hac Vice - Attorney Ivy Finkenstadt is seeking special admission. Filing fee $ 50, receipt number 0314-2395778. by Sebastian Richardson.(Finkenstadt, Ivy) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
7

SPECIAL ADMISSIONS FORM APPROVED as to Ivy FinkenstadtSigned by Honorable William J. Nealon on 2/10/12. (ga, ) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER

Summons Reissued as to USA

Feb. 17, 2012

Feb. 17, 2012

PACER

Docket Annotation

Feb. 17, 2012

Feb. 17, 2012

PACER

Summons Reissued as to U.S. Attorney and U.S. Attorney General. (bw, )

Feb. 17, 2012

Feb. 17, 2012

PACER

DOCKET ANNOTATION: Document # 8 letter from an outside party not associated with the case deleted and taken off the docket. (kc, )

Feb. 17, 2012

Feb. 17, 2012

PACER
8

WAIVER OF SERVICE Returned by Sebastian Richardson. Bryan A Bledsoe waiver sent on 2/24/2012, answer due 4/24/2012; P Carrasquilla waiver sent on 2/24/2012, answer due 4/24/2012; J. Fleming waiver sent on 2/24/2012, answer due 4/24/2012; D Hudson waiver sent on 2/24/2012, answer due 4/24/2012; Thomas R. Kane waiver sent on 2/24/2012, answer due 4/24/2012; Lt. Mattly waiver sent on 2/24/2012, answer due 4/24/2012; Miller waiver sent on 2/24/2012, answer due 4/24/2012; Joseph Norwood waiver sent on 2/24/2012, answer due 4/24/2012; M. Saylor waiver sent on 2/24/2012, answer due 4/24/2012; Scampone waiver sent on 2/24/2012, answer due 4/24/2012; Seeba waiver sent on 2/24/2012, answer due 4/24/2012; S. Snider waiver sent on 2/24/2012, answer due 4/24/2012; B Trate waiver sent on 2/24/2012, answer due 4/24/2012; Whittaker waiver sent on 2/24/2012, answer due 4/24/2012; David Young waiver sent on 2/24/2012, answer due 4/24/2012. (Tobin, Jennifer) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
9

MOTION for Extension of Time to to serve complaint on defendants by Sebastian Richardson.(Tobin, Jennifer) (Entered: 03/30/2012)

March 30, 2012

March 30, 2012

PACER
10

BRIEF IN SUPPORT re 9 MOTION for Extension of Time to to serve complaint on defendants filed by Sebastian Richardson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Proposed Order)(Tobin, Jennifer) (Entered: 03/30/2012)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Proposed Order

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March 30, 2012

March 30, 2012

PACER
11

ORDER granting 9 Motion to Extend Time. Plaintiff shall serve the remaining Defendants on or before June 5, 2012.Signed by Honorable William J. Nealon on 4/9/12 (ga, ) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
12

MOTION for Extension of Time to File Answer re 1 Complaint by Bryan A Bledsoe, P Carrasquilla, Johnson, Thomas R. Kane, Lt. Mattly, Miller, Joseph Norwood, M. Saylor, Scampone, Seaman, Seeba, S. Snider, B Trate, Whittaker, David Young. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence in Part)(Butler, Michael) (Entered: 04/24/2012)

1 Proposed Order

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2 Certificate of Concurrence in Part

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April 24, 2012

April 24, 2012

PACER
13

ORDER - IT IS HEREBY ORDERED THAT said Motion (Doc.12) is GRANTED. re 12 MOTION for Extension of Time to File Answer re 1 Complaint. Those defendants served with the Summons and Complaint on January 14, 2012, may file a response to the Complaint on or before sixty (60) days after service of the Summons and Complaint upon the newly-identified Defendants. Signed by Honorable William J. Nealon on 4/27/12. (ga, ) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
14

Unopposed MOTION to Amend/Correct Caption by Sebastian Richardson. (Attachments: # 1 Exhibit(s), # 2 Certificate of Concurrence, # 3 Proposed Order)(Tobin, Jennifer) (Entered: 06/04/2012)

1 Exhibit(s)

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2 Certificate of Concurrence

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3 Proposed Order

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June 4, 2012

June 4, 2012

PACER
15

ORDER granting 14 Motion to Amend/Correct Signed by Honorable William J. Nealon on 6/8/12 (lh, ) (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

PACER
16

WAIVER OF SERVICE Returned by Sebastian Richardson. Thomas Johnson waiver sent on 5/14/2012, answer due 7/13/2012; Aaron Sassaman waiver sent on 5/14/2012, answer due 7/13/2012. (Tobin, Jennifer) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
17

Second MOTION for Extension of Time to File Answer re 1 Complaint by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Seaman, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 07/17/2012)

1 Proposed Order

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2 Certificate of Concurrence

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July 17, 2012

July 17, 2012

PACER
18

ORDER granting 17 Motion for Extension of Time to Answer. Defendants may file their response to the amended complaint on or before August 13, 2012. Signed by Honorable William J. Nealon on 7/19/12 (ga, ) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

RECAP
19

Unopposed MOTION to Amend/Correct 1 Complaint with certificate of service by Sebastian Richardson. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Certificate of Concurrence, # 4 Proposed Order)(Tobin, Jennifer) (Entered: 07/20/2012)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Certificate of Concurrence

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4 Proposed Order

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July 20, 2012

July 20, 2012

PACER
20

ORDER granting 19 Motion to Amend Complaint. Plaintiff's Amended Complaint, attached to his motion as Exhibit A, is to be filed by the Clerk. Signed by Honorable William J. Nealon on 7/27/12 (ga, ) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
21

AMENDED COMPLAINT against All Defendants, filed by Sebastian Richardson.(ga, ) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
22

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Francis J Dermody, III on behalf of Sebastian Richardson Attorney Francis Dermody is seeking special admission. Filing fee $ 50, receipt number 0314-2544253.. (Dermody, Francis) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
23

SPECIAL ADMISSIONS FORM APPROVED as to Francis DermodySigned by Honorable William J. Nealon on 8/3/12. (ga, ) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
24

MOTION to Dismiss or, in the Alternative, MOTION for More Definite Statement by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Butler, Michael) Modified on 4/12/2013 (wjnlc2, ). (Entered: 08/13/2012)

1 Proposed Order

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2 Certificate of Nonconcurrence

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Aug. 13, 2012

Aug. 13, 2012

PACER
25

MOTION to Exceed Page Limitation by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence Certificate of Nonconcurrence/Concurrence)(Butler, Michael) (Entered: 08/23/2012)

1 Proposed Order

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2 Certificate of Nonconcurrence Certificate of Nonconcurrence/Concurrence

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Aug. 23, 2012

Aug. 23, 2012

PACER
26

BRIEF IN SUPPORT re 25 MOTION to Exceed Page Limitation filed by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young.(Butler, Michael) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

RECAP
27

AMENDED DOCUMENT by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. Amendment to 25 MOTION to Exceed Page Limitation Amended Certificate of Nonconcurrence/Concurrence. (Butler, Michael) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

RECAP
28

BRIEF IN SUPPORT re 24 MOTION to Dismiss or, in the Alternative MOTION for More Definite Statement filed by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Seaman, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Table of Authorities, # 2 Unpublished Opinion(s) Part 1, # 3 Unpublished Opinion(s) Part 2, # 4 Unpublished Opinion(s) Part 3, # 5 Unpublished Opinion(s) Part 4)(Butler, Michael) (Entered: 08/27/2012)

1 Table of Authorities

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2 Unpublished Opinion(s) Part 1

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3 Unpublished Opinion(s) Part 2

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4 Unpublished Opinion(s) Part 3

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5 Unpublished Opinion(s) Part 4

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Aug. 27, 2012

Aug. 27, 2012

PACER
29

ORDER granting 25 Motion for Leave to File Excess Pages Signed by Honorable William J. Nealon on 8/31/12 (ga, ) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
30

Unopposed MOTION for Extension of Time to to file response brief in oppositionwith certificate of service by Sebastian Richardson. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Tobin, Jennifer) (Entered: 09/12/2012)

1 Proposed Order

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2 Certificate of Concurrence

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Sept. 12, 2012

Sept. 12, 2012

PACER
31

ORDER granting pltf's 30 Motion to Extend Time to file a brief in opposition to defts' motion to dismiss or, in the alternative, motion for a more definite statement. Pltf shall file his brief in opposition to defts' motion on or before 9/21/12.Signed by Honorable William J. Nealon on 9/14/12 (ao, ) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
32

Unopposed MOTION to Exceed Page Limitation with certificate of service by Sebastian Richardson. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Tobin, Jennifer) (Entered: 09/19/2012)

1 Proposed Order

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2 Certificate of Concurrence

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Sept. 19, 2012

Sept. 19, 2012

PACER
33

BRIEF IN OPPOSITION re 24 MOTION to Dismiss or, in the Alternative MOTION for More Definite Statement with certificate of service filed by Sebastian Richardson. (Attachments: # 1 Unpublished Opinion(s) Celestine v. Foley, # 2 Unpublished Opinion(s) Collins v. Bledsoe, # 3 Unpublished Opinion(s) DeFranks v. Ct. of Comm. Pleas, # 4 Unpublished Opinion(s) Graff v. Subbiah, # 5 Unpublished Opinion(s) Hubbard v. Danberg, # 6 Unpublished Opinion(s) Inmates of Northumberland v. Reish, # 7 Unpublished Opinion(s) Mut. Indus. v. Am. Int'l Indus, # 8 Unpublished Opinion(s) NE Land Dev. v. Scranton, # 9 Unpublished Opinion(s) Pozarlik v. Camelback, # 10 Unpublished Opinion(s) Rosenberg v. AVIS, # 11 Unpublished Opinion(s) Royster v. Beard, # 12 Unpublished Opinion(s) Transp. v. Ross, # 13 Unpublished Opinion(s) Vlachos v. Tobyhanna, # 14 Unpublished Opinion(s) Womack v. Smith)(Tobin, Jennifer) (Entered: 09/21/2012)

1 Unpublished Opinion(s) Celestine v. Foley

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2 Unpublished Opinion(s) Collins v. Bledsoe

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3 Unpublished Opinion(s) DeFranks v. Ct. of Comm. Pleas

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4 Unpublished Opinion(s) Graff v. Subbiah

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5 Unpublished Opinion(s) Hubbard v. Danberg

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6 Unpublished Opinion(s) Inmates of Northumberland v. Reish

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7 Unpublished Opinion(s) Mut. Indus. v. Am. Int'l Indus

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8 Unpublished Opinion(s) NE Land Dev. v. Scranton

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9 Unpublished Opinion(s) Pozarlik v. Camelback

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10 Unpublished Opinion(s) Rosenberg v. AVIS

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11 Unpublished Opinion(s) Royster v. Beard

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12 Unpublished Opinion(s) Transp. v. Ross

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13 Unpublished Opinion(s) Vlachos v. Tobyhanna

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14 Unpublished Opinion(s) Womack v. Smith

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Sept. 21, 2012

Sept. 21, 2012

PACER
34

NOTICE by Sebastian Richardson of Attorney Withdrawal (Finkenstadt, Ivy) (Entered: 09/27/2012)

Sept. 27, 2012

Sept. 27, 2012

PACER
35

ORDER granting 32 Motion for Leave to File Excess Pages Signed by Honorable William J. Nealon on 9/27/12 (ga, ) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
36

NOTICE to Withdraw as Attorney by Sebastian Richardson.(Walsh, Marybeth) Modified on 8/5/2013 (wjnlc2, ). (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
37

REPLY BRIEF re 24 MOTION to Dismiss or, in the Alternative MOTION for More Definite Statement filed by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young.(Butler, Michael) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

RECAP
38

MEMORANDUM - (Order to follow)Signed by Honorable William J. Nealon on 4/9/13. (ga) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

RECAP
39

ORDER IT IS HEREBY ORDERED THAT: Defendants' Motion to Dismiss or, in the Alternative, for a More Definite Statement (Doc. 24), is GRANTED in part and DENIED in part. Defendants are directed to file an answer to the Amended Complaint, (Doc. 21), within thirty (30) days of the date of this Order. (Dee Order for complete details).Signed by Honorable William J. Nealon on 4/9/13. (ga) (Entered: 04/09/2013)

April 9, 2013

April 9, 2013

RECAP
40

NOTICE by Sebastian Richardson of Attorney Withdrawal (Dermody, Francis) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

PACER

Docket Annotation

April 16, 2013

April 16, 2013

PACER

DOCKET ANNOTATION: As electronic notification to Atty. Walsh had failed, courtesy hard copy of Docs. 38, 39 mailed with instructions for updating ECF account info. (ep)

April 16, 2013

April 16, 2013

PACER
41

Affirmative Defenses and ANSWER to 21 Amended Complaint by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Seaman, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young.(Butler, Michael) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

RECAP
42

NOTICE of Appearance by Su Ming Yeh on behalf of Sebastian Richardson (Yeh, Su Ming) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER

Docket Annotation

May 15, 2013

May 15, 2013

PACER

DOCKET ANNOTATION: As electronic notification to Atty. Walsh CONTINUES TO FAIL, courtesy hard copy of Notification of Docs. 41, 42 mailed with instructions for updating ECF account info; if counsel is no longer associated with case, co-counsel or replacement counsel are urged to file praecipe for withdrawal or substitution of attorney.(ep)

May 15, 2013

May 15, 2013

PACER
43

NOTICE by Sebastian Richardson of Attorney Withdrawal (Tobin, Jennifer) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
44

CASE MANAGEMENT PLAN - JOINT by Sebastian Richardson. (Yeh, Su Ming) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

RECAP
45

Consent Motion for a Protective Order by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. . (Butler, Michael) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
46

CONSENT MOTION and PROTECTIVE ORDER. Signed by Honorable William J. Nealon on 11/8/2013. (rm) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
47

Unopposed MOTION to Amend/Correct 44 Case Management Plan (Joint) by Sebastian Richardson. (Attachments: # 1 Proposed Order)(Yeh, Su Ming) (Entered: 12/19/2013)

1 Proposed Order

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Dec. 19, 2013

Dec. 19, 2013

PACER
48

ORDER granting 47 Motion to Amend the Joint Case Management Plan. All fact discovery commenced in time to be completed by April 4, 2014. All potentially dispositive motions should be filed by June 16,2014. Reports from retained experts due: from plaintiff(s) by: April 18, 2014 and from defendant(s) by: May 19, 2014. Supplementations due: June 2, 2014. All expert discovery commenced in time to be completed by: June 2, 2014. Proposed final Pretrial Conference: January 2015. Proposed Trial Date February 2015.Signed by Honorable William J. Nealon on 1/3/14 (ga) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

RECAP
49

Unopposed MOTION for Extension of Time to Complete Discovery by Sebastian Richardson. (Attachments: # 1 Proposed Order)(Yeh, Su Ming) (Entered: 03/13/2014)

1 Proposed Order

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March 13, 2014

March 13, 2014

PACER
50

ORDER granting 49 Motion for Extension of Time to Complete Discovery. (See Order for complete details) Signed by Honorable William J. Nealon on 3/14/14 (ga) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
51

NOTICE of Appearance by Alexandra T Morgan-Kurtz on behalf of Sebastian Richardson (Morgan-Kurtz, Alexandra) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER
52

MOTION for Protective Order Amended Consent Motion for Protective Order by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young.(Butler, Michael) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
53

ORDER granting 52 Motion for Protective Order Signed by Honorable William J. Nealon on 10/3/2014 (bg) (Entered: 10/06/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
54

ORDER STAYING CASE - The above-captioned action shall be STAYED, pending further order of court. The above-captioned action shall be ADMINISTRATIVELY CLOSED. This action shall be reopened after the Third Circuit Court of Appeals issues a decision on Richardson's appeal of his class certification claims at docket number 13-8046.Signed by Honorable William J. Nealon on 10/8/14. (ga) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

RECAP
55

ORDER of USCA granting Petition for Leave to Appeal pursuant to Fed. R. Civ. P. 23(f). (Gillie, Caitlyn) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
57

NOTICE OF APPEAL by Sebastian Richardson from grant of Petition for permission to Appeal pursuant to FRCP 23f. Filing fee $ 0.00 The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (bg) (Entered: 08/05/2015)

July 30, 2015

July 30, 2015

PACER
56

NOTICE OF APPEAL in Prisoner Case by Sebastian Richardson. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number 0314-3506352. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Yeh, Su Ming) (Entered: 08/04/2015)

Aug. 4, 2015

Aug. 4, 2015

PACER
58

USCA Case Number 15-2876 for 57 Notice of Appeal filed by Sebastian Richardson. USCA Case Manager Caitlyn (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (ca3kr) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
59

JUDGMENT of USCA (certified copy) ADJUDGED and ORDERED that the judgment of the District Court entered April 9, 2013, be and the same is REVERSED AND REMANDED. Costs taxed against Appellees. (McIntyre, Timothy) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

RECAP
60

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Deborah M. Golden on behalf of Sebastian Richardson Attorney Deborah Golden is seeking special admission. Filing fee $ 50, receipt number 0314-3845469.. (Attachments: # 1 Special Admission Agency Letter)(Golden, Deborah) (Entered: 08/19/2016)

1 Special Admission Agency Letter

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Aug. 19, 2016

Aug. 19, 2016

PACER

Docket Annotation

Aug. 19, 2016

Aug. 19, 2016

PACER

DOCKET ANNOTATION: Attorney Deborah Golden is active with the DC state bar. (lh)

Aug. 19, 2016

Aug. 19, 2016

PACER
61

MANDATE of USCA as to 56 Notice of Appeal, filed by Sebastian Richardson. Costs taxed against Appellees in the amount of $884.08. (Attachments: # 1 USCA Opinion)(Gillie, Caitlyn) (Entered: 09/06/2016)

1 USCA Opinion

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Sept. 6, 2016

Sept. 6, 2016

PACER
62

ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson. The Clerk of Court is directed to LIFT THE STAY issued by the Court on October 8, 2014 and REOPEN the above-captioned action Signed by Honorable William J. Nealon on 11/1/16. (ga) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER

Stay Lifted

Nov. 1, 2016

Nov. 1, 2016

PACER

Stay Lifted (ga)

Nov. 1, 2016

Nov. 1, 2016

PACER
63

SCHEDULING ORDER: A Telephonic Case Management Conference is set for 1/6/2017 at 10:00 AM before Magistrate Judge Martin C. Carlson. Signed by Magistrate Judge Martin C. Carlson on December 15, 2016. (kjn) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
64

MOTION to Continue Joint Case Management Conference and Plan by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Seaman, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Butler, Michael) (Entered: 12/23/2016)

1 Certificate of Nonconcurrence

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2 Proposed Order

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Dec. 23, 2016

Dec. 23, 2016

PACER
65

ORDER granting 64 Motion to Continue. IT IS ORDERED that the case management proceedings in this case are RESCHEDULED as follows: Joint Case Management Plan form must be filed on or before January 20, 2017. A telephonic case management conference will be held on January 25, 2017 at 10:00 a.m. SEE ORDER FOR FURTHER DETAILS. Signed by Magistrate Judge Martin C. Carlson on 12/23/2016 (ve) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER

Set/Reset Hearings

Dec. 27, 2016

Dec. 27, 2016

PACER

Set/Reset Hearings: Telephonic Case Management Conference is set for 1/25/2017 at 10:00 AM before Magistrate Judge Martin C. Carlson. (kjn)

Dec. 27, 2016

Dec. 27, 2016

PACER
66

CASE MANAGEMENT PLAN - Joint by Sebastian Richardson. (Yeh, Su Ming) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
67

CASE MANAGEMENT ORDER / ORDER LIFTING STAY - Close of Fact Discovery: 9/15/2017. Plaintiff's Expert Reports are due by 12/6/2017. Defendant's Expert Reports are due by 12/6/2017. Dispositive Motions / Motions for Class Certificationa re due by 10/22/2017. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on January 25, 2017. (kjn) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER

Stay Lifted

Jan. 25, 2017

Jan. 25, 2017

PACER

Stay Lifted. (kjn)

Jan. 25, 2017

Jan. 25, 2017

PACER
68

MOTION to Certify Class by Sebastian Richardson. (Attachments: # 1 Proposed Order)(Morgan-Kurtz, Alexandra) (Entered: 01/27/2017)

1 Proposed Order

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Jan. 27, 2017

Jan. 27, 2017

PACER
69

BRIEF IN SUPPORT re 68 MOTION to Certify Class filed by Sebastian Richardson.(Morgan-Kurtz, Alexandra) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
70

MOTION for Extension of Time to Nunc Pro Tunc Motion to Extend Time to Respond to Motion for Class Certification (Doc. Nos. 68, 69) by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Seaman, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Proposed Order, # 2 certificate of non-currence/concurrence)(Butler, Michael) (Entered: 02/18/2017)

1 Proposed Order

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2 certificate of non-currence/concurrence

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Feb. 18, 2017

Feb. 18, 2017

PACER
71

ORDER granting dfts' mtn for exttm 70 . Dfts shall respond to the MOTION to Certify Class 68 by 3/6/2017.Signed by Magistrate Judge Martin C. Carlson on 2/21/17. (ma) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
72

Unopposed MOTION to Exceed Page Limitation by Bryan A Bledsoe, Donald Hudson, Jr, Thomas R. Kane, Joseph Norwood, David Young. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Butler, Michael) (Entered: 03/06/2017)

1 Proposed Order

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2 Certificate of Concurrence

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March 6, 2017

March 6, 2017

PACER
73

(Brief in Support) re: 72 by Bryan A Bledsoe, Donald Hudson, Jr, Thomas R. Kane, Joseph Norwood, David Young.(Butler, Michael) Modified on 3/7/2017 (kjn). (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
74

BRIEF IN OPPOSITION re 68 MOTION to Certify Class filed by Bryan A Bledsoe, Donald Hudson, Jr, Thomas R. Kane, Joseph Norwood, David Young.(Butler, Michael) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
75

ORDER granting 72 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Martin C. Carlson on March 7, 2017. (kjn) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
76

NOTICE of Appearance by Samuel Dalke on behalf of All Defendants (Dalke, Samuel) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
77

MOTION to Amend/Correct 41 Answer to Amended Complaint, by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Exhibit(s), # 2 Certificate of Nonconcurrence, # 3 Proposed Order)(Butler, Michael) (Entered: 04/14/2017)

1 Exhibit(s)

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2 Certificate of Nonconcurrence

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3 Proposed Order

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April 14, 2017

April 14, 2017

PACER
78

ORDER: Granting dfts' mtn for lv to amend answer and affirmative defenses 77 . The Clerk is directed to file Dfts Amended Affirmative Defenses and Amended Answer to Amended Complaint, which is attached as Exhibit A to Defendants Mtn for Leave to Amend 77 .Signed by Magistrate Judge Martin C. Carlson on 6/16/17. (ma) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
79

AMENDED ANSWER to Amended Complaint 21 by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young.(ma) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
80

REPORT AND RECOMMENDATION - IT IS RECOMMENDED THAT the district court enter an order provisionally certifying the proposed class, and appointing Richardsons counsel as class counsel. 68 Objections to R&R due by 7/10/2017.Signed by Magistrate Judge Martin C. Carlson on 6/26/2017. (sc) (Entered: 06/27/2017)

June 26, 2017

June 26, 2017

PACER
81

Unopposed MOTION for Extension of Time to file objections to report and recommendation of June 26, 2017 by Bryan A Bledsoe, Pedro Carrasquillo, James Fleming, Donald Hudson, Jr, Thomas Johnson, Thomas R. Kane, Chris Mattingly, Roger Miller, Joseph Norwood, Aaron Sassaman, Matthew Saylor, Camden Scampone, Jason Seeba, Sean Snider, Bradley Trate, Kyle Whittaker, David Young. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Dalke, Samuel) (Entered: 07/10/2017)

1 Certificate of Nonconcurrence

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2 Proposed Order

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July 10, 2017

July 10, 2017

PACER
82

ORDER granting 81 Motion to Extend Time to file Objections to the R&R. Objections due 7/24/2017.Signed by Honorable William J. Nealon on 7/11/2017 (bg) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER

Verbal Order Assigning/Reassigning Case

July 20, 2017

July 20, 2017

PACER

VERBAL ORDER - Case Reassigned to Honorable Matthew W. Brann. Honorable William J. Nealon no longer assigned to the case. (kc)

July 20, 2017

July 20, 2017

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 7, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Male prisoner

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Pennsylvania Institutional Law Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Federal Bureau of Prisons (Lewisburg), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Assault/abuse by residents/inmates/students

Conditions of confinement

Type of Facility:

Government-run