Case: Rulli v. Pittsburgh

Rulli v. City of Pittsburgh

Rulli v. City of Pittsburgh

Nicole Rulli et al. v. City of Pittsburgh et al.

Nicole Rulli et al. v. City of Pittsburgh et al.

Lindsay Schlottman

Oyez

COMPLAINT against CITY OF PITTSBURGH, JOHN DOE, WENDELL HISSRICH, JASON LANDO, WILLIAM PEDUTO, SCOTT SCHUBERT, STEPHEN VINANSKY (Filing fee, including Administrative fee, $400, receipt number APAWDC-5720795), filed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. (Attachments: # 1 Civil Cover Sheet) (jd) (Entered: 06/29/2020)

1 Civil Cover Sheet

View on PACER

NOTICE of Appearance by Bret Grote on behalf of CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Grote, Bret) (Entered: 06/29/2020)

NOTICE of Appearance by Quinn Cozzens on behalf of CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Cozzens, Quinn) (Entered: 06/29/2020)

NOTICE of Appearance by Christine T. Elzer on behalf of CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Elzer, Christine) (Entered: 06/29/2020)

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/29/2020. (jmb) (Entered: 06/29/2020)

MOTION for attorney Jamelia Morgan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5750144) by NICOLE RULLI. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Morgan, Jamelia) (Entered: 07/09/2020)

ORDER GRANTING the 6 Motion for Jamelia Morgan to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/10/2020)

NOTICE of Appearance by Alexander B Wright on behalf of CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Wright, Alexander) (Entered: 07/10/2020)

Order on Motion to Appear Pro Hac Vice

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. CITY OF PITTSBURGH waiver sent on 7/31/2020, answer due 9/29/2020. (Coleman, Margaret) (Entered: 09/04/2020)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. WENDELL HISSRICH waiver sent on 7/31/2020, answer due 9/29/2020. (Coleman, Margaret) (Entered: 09/04/2020)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. JASON LANDO waiver sent on 7/31/2020, answer due 9/29/2020. (Coleman, Margaret) (Entered: 09/04/2020)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. SCOTT SCHUBERT waiver sent on 7/31/2020, answer due 9/29/2020. (Coleman, Margaret) (Entered: 09/04/2020)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. STEPHEN VINANSKY waiver sent on 7/31/2020, answer due 9/29/2020. (Coleman, Margaret) (Entered: 09/04/2020)

PRAECIPE to Issue Summons by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER (Attachments: # 1 Summons) (Elzer, Christine) (Entered: 09/10/2020)

Summons Issued as to WILLIAM PEDUTO. (ept) (Entered: 09/16/2020)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. WILLIAM PEDUTO waiver sent on 8/28/2020, answer due 10/27/2020. (Elzer, Christine) (Entered: 09/25/2020)

ANSWER to 1 Complaint, by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (Koren, Julie) (Entered: 09/29/2020)

ORDER that a Preliminary Telephone Conference is set for October 8, 2020 at 4:30 PM before Judge Lisa Pupo Lenihan. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/01/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/01/2020)

~Util - Set Hearings AND Order

ORDER CANCELLING the Preliminary Telephone Conference set for 10/8/2020 at 4:30 PM. This conference will be rescheduled once all parties are represented by counsel. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/07/2020)

NOTICE of Appearance by Lourdes Sanchez Ridge on behalf of WILLIAM PEDUTO. (Ridge, Lourdes) (Entered: 10/07/2020)

1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Hearings AND Order AND 1 - Terminate Deadlines

1 - Terminate Hearings AND 1 - Terminate Deadlines AND 1 - Terminate Scheduling Order Deadlines AND Order

1 - Terminate Hearings AND 1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Deadlines AND Order

1 - Terminate Scheduling Order Deadlines AND Order AND 1 - Terminate Hearings AND 1 - Terminate Deadlines

NOTICE of Appearance by Michael E. Kennedy on behalf of CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (Kennedy, Michael) (Entered: 10/08/2020)

NOTICE of Appearance by Emily McNally on behalf of CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (McNally, Emily) (Entered: 10/08/2020)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, filed by CHRISTOPHER WILSON, SIMON PHILLIPS, JENNIFER "JAY" YODER, DONOVAN HAYDEN, NICOLE RULLI, CHARLES BRYANT, JR. by WILLIAM PEDUTO. (Attachments: # 1 Proposed Order) (Ridge, Lourdes) (Entered: 10/09/2020)

ORDER that a Preliminary Telephone Conference is set for October 14, 2020 at 1:30 PM before Judge Lisa Pupo Lenihan. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/09/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/09/2020)

ORDER GRANTING the 23 Consent Motion for Extension of Time to file a Response to the Complaint. Defendant William Peduto's response to the Complaint is due on or before November 6, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/09/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/09/2020)

~Util - Set Hearings AND Order

Order on Motion for Extension of Time to File Answer

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Preliminary Telephonic Status Conference was held on 10/14/2020. Judge Lenihan disclosed that she is acquainted with Attorney Ridge and Chief Schubert. She believes that she can be impartial but if any party requests recusal, they are to contact her courtroom deputy, Mr. Banas, at 412-208-7370 by 5 PM October 19, 2020. The Court further inquired if the parties wanted to engage in either an early judicial settlement conference or early mediation rather than proceed through the normal discovery and motions process. If there are no requests for recusal, a second telephone conference will be scheduled next week to further discuss an early mediation option. (jmb) (Entered: 10/15/2020)

NOTICE of Appearance by Yvonne Schlosberg Hilton on behalf of CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (Hilton, Yvonne) (Entered: 10/16/2020)

ORDER that a Telephone Conference is scheduled for October 23, 2020 at 10:00 AM to discuss early mediation options. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/20/2020)

~Util - Set Hearings AND Order

NOTICE of Appearance by John R. Brumberg on behalf of WILLIAM PEDUTO. (Brumberg, John) (Entered: 10/22/2020)

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 10/23/2020. The Court inquired if the parties would like to engage in early mediation. The City Defendants advised that, while they would enter into discussions involving policy issues, they want to conduct discovery to address the monetary damages claims. Therefore, they propose the case proceed under the usual parameters. (jmb) (Entered: 10/23/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WILLIAM PEDUTO. (Attachments: # 1 Exhibit Brief, # 2 Proposed Order, # 3 Exhibit Certificate of Compliance) (Brumberg, John) Link added to 32 Errata. Modified on 11/6/2020 (ept). Attachments #1, #2 and #3 removed from view and refiled as erratas at 32 and 33 . Modified on 11/6/2020 (ept). (Entered: 11/06/2020)

Errata re 31 Motion to Dismiss for Failure to State a Claim by WILLIAM PEDUTO. Reason for Correction: Filed under wrong attorney's login. (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of Compliance) (Ridge, Lourdes) (Entered: 11/06/2020)

Errata re 31 Motion to Dismiss for Failure to State a Claim, 32 Errata, Brief by WILLIAM PEDUTO. Reason for Correction: Brief was filed as an exhibit. (Ridge, Lourdes) Document removed from view and redocketed at 34 . Modified on 11/6/2020 (ept). (Entered: 11/06/2020)

BRIEF in Support re 31 Motion to Dismiss for Failure to State a Claim, filed by WILLIAM PEDUTO. (ept) (Entered: 11/06/2020)

MOTION to Extend Time to Respond to Motion to Dismiss by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Attachments: # 1 Proposed Order) (Coleman, Margaret) (Entered: 11/12/2020)

ORDER GRANTING the 35 Motion for Extension of Time. Plaintiffs are granted an additional 25 days to respond to Defendant Peduto's Motion to Dismiss, with same being due on or before December 23, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/13/2020. (jmb) (Entered: 11/13/2020)

MOTION for Extension of Time to File by WILLIAM PEDUTO. (Attachments: # 1 Proposed Order) (Ridge, Lourdes) (Entered: 12/23/2020)

BRIEF in Opposition re 31 Motion to Dismiss for Failure to State a Claim, filed by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Elzer, Christine) (Entered: 12/23/2020)

ORDER granting 37 Peduto Motion for Extension of Time to File a Reply to the Response to the Motion to Dismiss. Defendant Peduto Reply due by 1/14/2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 12/24/2020)

Order on Motion for Extension of Time to File

REPLY re 38 Brief in Opposition to Motion filed by WILLIAM PEDUTO. (Ridge, Lourdes) Modified on 1/14/2021 (ept). (Entered: 01/14/2021)

ORDER that the Initial Case Management Conference in this matter will be held via telephone on March 12, 2021, at 11:00 AM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/26/2021. (Attachments: # 1 Exhibit ADR Form) (jmb) (Entered: 02/26/2021)

REPORT of Rule 26(f) Planning Meeting. (Coleman, Margaret) (Entered: 03/09/2021)

STIPULATION selecting ADR process by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Coleman, Margaret) (Entered: 03/09/2021)

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Initial Case Management Conference was held on 3/12/2021. The parties request until May 28, 2021 to mediate the case. Only written discovery will be needed. The Plaintiffs will make a demand, including monetary and non-monetary terms, 10 days prior to the mediation. Depending on the demand, Defendants will ensure that someone is present who can speak to any policy making issues as well as someone with complete settlement authority. The Mayor is excused from participating in the initial mediation but he or someone from his office may be required to participate at a later session. Counsel request additional time for class and fact discovery due to the complexity and to allow time for settlement discussions. The Court will allow this, given that both class and fact discovery will proceed in tandem. An Initial Scheduling Order will be entered. Following the conference, the Court realized that there is a John Doe Defendant and therefore, it cannot ask if the parties will consent to magistrate jurisdiction. This will impact whether the ruling on the Mayor's Motion to Dismiss will be via opinion or Report and Recommendation. A telephone conference will be scheduled for March 16, 2021 at 9:30 AM to discuss this. The same dial in numbers are to be used. Counsel are requested to confer to see if the identity of the Doe Defendant, described in the Complaint as the Tactical Commander of the Pittsburgh Bureau of Police SWAT Unit during the events described, can be identified. (jmb) (Entered: 03/12/2021)

CASE MANAGEMENT ORDER: Compliance with provisions of Rule 16 shall be completed as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by April 2, 2021. Amendments to the pleadings and joinder of additional parties will be completed by April 15, 2021. The ADR process will be completed no later than May 28, 2021. A telephone status conference is scheduled for June 4, 2021 at 10:00 AM. Counsel are to call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. The parties shall complete class and fact discovery by November 29, 2021. A status/settlement conference will be held on December 6, 2021 at 10:00 am. Trial counsel shall attend and the parties shall be available by telephone. No later than 5 business days prior to the conference any party intending to file a motion for summary judgment shall file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed. All parties are to be prepared to discuss this at the conference. All parties are also to be prepared to discuss the filing of the class certification motion. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/12/2021. (jmb) (Entered: 03/12/2021)

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 3/16/2021. The City of Pittsburgh advised that it would not be able to identify the John Doe Defendant at this time, so the Court will structure the opinion on the Motion to Dismiss as a Report & Recommendation and have a district judge assigned. (jmb) (Entered: 03/16/2021)

Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (cww)

Judge Cathy Bissoon presiding. Magistrate Judge Lisa Pupo Lenihan referred. (cww)

REPORT AND RECOMMENDATION re 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM PEDUTO recommending that the Motion be granted in part and denied in part. The Motion should be granted with prejudice as it relates to the official capacity claims against Defendant Peduto and as to any claims brought pursuant to 28 U.S.C. § 1345. The Motion should be granted without prejudice to filing an Amended Complaint as it relates to Plaintiffs' claims against Mayor Peduto for supervisory liability. It is further recommended that the Motion to Dismiss the class action allegations be denied as moot. Objections to R&R due by 4/6/2021 Signed by Magistrate Judge Lisa Pupo Lenihan on 3/23/2021. (vad) (Entered: 03/23/2021)

STIPULATION of Dismissal Without Prejudice as to William Peduto by NICOLE RULLI. (Coleman, Margaret) (Entered: 04/05/2021)

WILLIAM PEDUTO (individually and in his official capacity as Mayor of the City of Pittsburgh) has been terminated. See Stip. of Dismissal (Doc. 48 ). The dismissal under Fed. Rule 41(a)(1)(A)(ii) was effective on filing, and no Court order is/was required. The Magistrate Judge's R&R is not limited to the claims against Mr. Peduto, and the deadlines for objections and responses are unaffected. Signed by Judge Cathy Bissoon on 4/5/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)

~Util - Add and Terminate Parties

OBJECTIONS to 47 Report and Recommendation filed by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Elzer, Christine) (Entered: 04/06/2021)

MOTION to Intervene by WILLIAM PEDUTO. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Ridge, Lourdes) (Entered: 04/12/2021)

BRIEF in Support re 50 Motion to Intervene filed by WILLIAM PEDUTO. (Attachments: # 1 Exhibit 1) (Ridge, Lourdes) (Entered: 04/12/2021)

MEMORANDUM ORDER. The R&R (Doc. 47 ) is adopted as the Opinion of the District Court, as relates to 28 U.S.C. § 1345, and otherwise is moot. Also, Defendant Peduto's Motion to Intervene (Doc. 50 ) is DENIED AS MOOT. Signed by Judge Cathy Bissoon on 4/13/21. (dcd) (Entered: 04/13/2021)

ORDER REFERRING CASE to Mediation. David B. White is appointed as mediator. Party DAVID B. WHITE added. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/15/2021. (jmb) (Entered: 04/15/2021)

Joint MOTION to Extend Time to Complete ADR by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Coleman, Margaret) (Entered: 05/19/2021)

ORDER GRANTING the 54 Joint Motion to Extend ADR Process. The parties are granted an extension of 120 days to conduct an ADR conference with the same to be concluded on or before September 27, 2021. The June 4th Telephone Conference is continued to September 29, 2021 at 3:00 PM. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/19/2021. (jmb) (Entered: 05/19/2021)

MOTION to Extend Time to Complete ADR and Discovery by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Elzer, Christine) (Entered: 08/30/2021)

MOTION to Amend Caption, MOTION for Leave to File Amended Complaint by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Proposed Order) (Elzer, Christine) (Entered: 08/30/2021)

ORDER that a response to both the (ECF No. 56 ) Motion to Extend ADR and Discovery Deadlines and the (ECF No. 57 ) Motion for Leave to File Amended Complaint and to Amend Caption shall be filed no later than September 7, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/31/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/31/2021)

Order Response/Briefing Schedule

MOTION to Extend Time to September 10, 2021 by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Koren, Julie) (Entered: 09/09/2021)

ORDER GRANTING (ECF No. 59 ) Defendants' Motion to Extend Response Deadline. Defendants shall respond to Plaintiff's Motions (ECF Nos. 56 and 57 ) no later than Friday, September 10, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/10/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/10/2021)

RESPONSE to Motion re 56 MOTION to Extend Time to Complete ADR and Discovery filed by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (Koren, Julie) (Entered: 09/10/2021)

RESPONSE to Motion re 57 MOTION to Amend Caption MOTION for Leave to File Amended Complaint filed by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. (Koren, Julie) (Entered: 09/10/2021)

MOTION for Protective Order by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Koren, Julie) (Entered: 09/10/2021)

Order on Motion to Extend Time

ORDER that a Response to the 63 Motion for Protective Order shall be filed no later than September 20, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/14/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/14/2021)

Order Response/Briefing Schedule

ORDER GRANTING the 57 Motion for Leave to File Amended Complaint and to Amend Caption. Plaintiffs shall file their Amended Complaint within five (5) days of this Order. IT IS FURTHER ORDERED the caption in this matter is hereby AMENDED as described in this order. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/15/2021. (jmb) (Entered: 09/15/2021)

ORDER GRANTING the (ECF No. 56 ) Motion to Extend ADR and Discovery Deadlines. The parties shall complete ADR by March 31, 2022. The parties shall complete class discovery and fact discovery by May 31, 2022. The Telephone Status Conference scheduled for September 29, 2021 WILL NOT be continued, however a Telephone Conference is also scheduled for January 7, 2022 at 11:00 AM, a Post-Mediation Telephone Conference is scheduled for April 11, 2022 at 10:00 AM and a Post-Discovery in person Status/Settlement Conference will be held June 6, 2022 at 10:00 AM in Courtroom 7B before Judge Lisa Pupo Lenihan. For all Telephone Conferences, participants shall dial 888-363-4749 and enter the access code 6019141. If asked for a security code, use * to bypass. The Status/Settlement Conference originally set for 12/6/2021 is CANCELLED. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/15/2021)

Order on Motion to Extend Time

AMENDED COMPLAINT against CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, SCOTT SCHUBERT, STEPHEN VINANSKY, STEVEN MESCAN, PHILIP MERCURIO, CLARENCE TRAPP CITY OF PITTSBURGH answer due 9/29/2021; WENDELL HISSRICH answer due 9/29/2021; JASON LANDO answer due 9/29/2021; SCOTT SCHUBERT answer due 9/29/2021; STEPHEN VINANSKY answer due 9/29/2021; Steven Mescan answer due 10/7/2021; PHILIP MERCURIO answer due 10/7/2021; CLARENCE TRAPP answer due 10/7/2021, filed by CHRISTOPHER WILSON JURING; SIMON PHILLIPS; CHARLES BRYANT, JR; DONOVAN HAYDEN; NICOLE RULLI; JENNIFER "JAY" YODER. (Elzer, Christine) Modified text on 9/22/2021. (keh) (Entered: 09/16/2021)

RESPONSE to Motion re 63 MOTION for Protective Order filed by CHARLES BRYANT, JR, DONOVAN HAYDEN, SIMON PHILLIPS, NICOLE RULLI, CHRISTOPHER WILSON, JENNIFER "JAY" YODER. (Cozzens, Quinn) (Entered: 09/20/2021)

ORDER deferring ruling on 63 Motion for Protective Order. According to the Response filed by Plaintiffs, they object to three provisions of the proposed order. Counsel are Ordered to meet and confer and attempt to resolve these issues. Defendants are to either withdraw the Motion at ECF No. 63 and file a revised Motion for Protective Order or, if counsel are not able to reach an agreement, contact the Court and request a telephone conference on the issue. This is to be done no later than October 6, 2021. Signed by Magistrate Judge Lisa Pupo Lenihan on 9/21/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 09/21/2021)

Order on Motion for Protective Order

Update Answer Deadline: Answer due from CITY OF PITTSBURGH on 9/30/2021; WENDELL HISSRICH on 9/30/2021; JASON LANDO on 9/30/2021; SCOTT SCHUBERT on 9/30/2021; STEPHEN VINANSKY on 9/30/2021 (keh)

Remark: Answer due date has been terminated as to STEVEN MESCAN, PHILIP MERCURIO, AND CLARENCE TRAPP as these are new parties who have not yet been served with the amended complaint. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (keh) (Entered: 09/22/2021)

ORDER that the Telephone Conference originally set for 9/28/2021 has been rescheduled for 10/08/2021 at 11:00 AM. All participants shall dial 888-363-4749 and enter the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/29/2021)

~Util - Set Hearings AND Order

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Status Conference was held on 10/8/2021. Plaintiffs have not received full responses to discovery requests served in March and have received no responses to discovery requests served in August. Defendants will provide discovery on a rolling basis. An email search has produced 6,000 emails. Counsel will meet and confer no later than 10/15 to determine how to address this. A deadline for the production of all discovery served thus far is set for 10/28/21. Extensive argument took place regarding the Protective Order (PO) submitted by Defendants. The Court found that personnel and employment files, as well as OMI and similar reports should be covered by the PO. It clarified, however, that nothing could be filed under seal without court approval and this approval would be governed by the 3rd circuit decision in Avandia. If Defendants wanted something to be filed under seal, they would bear the burden of proof. The parties will confer and attempt to revise paragraphs 4 and 5 of the proposed order. Defendants will revise paragraph 1(v). There remains a dispute as to paragraph 3(a) and 6. Counsel will attempt to resolve this issue as well. No later than 10/22/21 one or more proposed revised orders will be filed. (Court Reporter: Amanda Williamson) (jmb) (Entered: 10/08/2021)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON JURING, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. PHILIP MERCURIO waiver sent on 9/16/2021, answer due 11/15/2021. (Elzer, Christine) (Entered: 10/25/2021)

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON JURING, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. STEVEN MESCAN waiver sent on 9/16/2021, answer due 11/15/2021. (Elzer, Christine) (Entered: 10/28/2021)

Unopposed MOTION for Protective Order by CITY OF PITTSBURGH, WENDELL HISSRICH, JASON LANDO, PHILIP MERCURIO, SCOTT SCHUBERT, CLARENCE TRAPP, STEPHEN VINANSKY. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Koren, Julie) (Entered: 11/02/2021)

ORDER GRANTING the (ECF No. 75 ) Unopposed Motion for Protective Order. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/03/2021. (jmb) (Entered: 11/03/2021)

ORDER DENYING AS MOOT the (ECF No. 63 ) Motion for Protective Order. The (ECF No. 75 ) Unopposed Motion for Protective Order was granted 11/3/2021, rendering this motion MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/03/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/03/2021)

Order on Motion for Protective Order

WAIVER OF SERVICE Returned Executed by CHRISTOPHER WILSON JURING, SIMON PHILLIPS, CHARLES BRYANT, JR, DONOVAN HAYDEN, NICOLE RULLI, JENNIFER "JAY" YODER. CLARENCE TRAPP waiver sent on 9/16/2021, answer due 11/15/2021. (Elzer, Christine) (Entered: 11/04/2021)