Case: Hammond v. Department of Corrections

Hammond v. Pennsylvania Department of Corrections

Hammond v. Pennsylvania Department of Corrections

Hammond v. Pennsylvania Department of Corrections

Hammond v. Pennsylvania Department of Corrections

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-17302301.), filed by MALIKA HENDERSON, ANTOINE WALKER, DAVID THOMPSON, MUWSA GREEN, KHALIL HAMMOND, TYRONE LEONARD. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(GROTE, BRET) (Attachment 1 replaced on 3/4/2024) (sbt). (Entered: 03/04/2024)

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER Designation (GROTE, BRET) (Entered: 03/04/2024)

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (GROTE, BRET) (Entered: 03/04/2024)

NOTICE of Appearance by MATTHEW A. FELDMAN on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (FELDMAN, MATTHEW) (Entered: 03/04/2024)

Summons Issued as to PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 3/4/2024 (sg) (Entered: 03/04/2024)

Attorney Required Forms

Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file COMPLETED DESIGNATION FORM and CIVIL COVER SHEET in this case using the Notice (Other) docket event located in the Notices category. The Yes/No questions need to be answered. Signature is missing on the Civil Cover Sheet. (sbt) Modified on 3/4/2024 (sbt).

NOTICE of Appearance by ALEXANDRA MORGAN-KURTZ on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (MORGAN-KURTZ, ALEXANDRA) (Entered: 03/14/2024)

NOTICE of Appearance by VINCENT R. MAZESKI on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with certificate of service(MAZESKI, VINCENT) (Entered: 03/15/2024)

DEMAND for Trial by Jury by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ. (MAZESKI, VINCENT) (Entered: 03/15/2024)

WAIVER OF SERVICE Returned Executed by LUCAS MALISHCHAK, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, GEORGE LITTLE, LAUREL HARRY, MICHAEL WENEROWICZ. All Defendants. (MAZESKI, VINCENT) (Entered: 03/15/2024)

ORDER THAT A PRETRIAL CONFERENCE SHALL BE HELD ON TUESDAY, APRIL 9, 2024, AT 8:30 A.M., IN CHAMBERS, ROOM 9400, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA. IT IS FURTHER ORDERED AS FOLLOWS: ALL MOTIONS TO AMEND THE COMPLAINT AND TO JOIN OR ADD ADDITIONAL PARTIES SHALL BE FILED WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER; THE PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(A) WITHIN 14 DAYS OF THE DATE OF THIS ORDER; ETC. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 3/18/24. 3/18/24 ENTERED AND COPIES E-MAILED. (va) (Entered: 03/18/2024)

MOTION for Pro Hac Vice, MOTION for Pro Hac Vice Dolly Prabhu ( Filing fee $ 75 receipt number APAEDC-17362729.) filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER..(GROTE, BRET) (Entered: 03/28/2024)

ORDER DENYING WITHOUT PREJUDICE 11 MOTION FOR PRO HAC VICE ADMISSION OF DOLLY PRABHU. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 3/28/24. 3/28/24 ENTERED AND COPIES E-MAILED. (va) (Entered: 03/28/2024)

MOTION for Pro Hac Vice filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER.. (Attachments: # 1 Text of Proposed Order)(GROTE, BRET) (Entered: 03/29/2024)

ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF DOLLY PRABHU, ESQUIRE (DOC. NO. 13 ) IS GRANTED. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 4/1/24.4/1/24 ENTERED AND COPIES E-MAILED.(amas) (Entered: 04/01/2024)

NOTICE of Appearance by CHASE M. DEFELICE on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ (DEFELICE, CHASE) (Entered: 04/03/2024)

NOTICE of Appearance by SARINA M. KAPLAN on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Certificate of Service(KAPLAN, SARINA) (Entered: 04/03/2024)

Report Of Rule 26(f) Meeting by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER. (GROTE, BRET) (Entered: 04/03/2024)

NOTICE of Appearance by NOAH SHAW BECKER on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (BECKER, NOAH) (Entered: 04/04/2024)

NOTICE of Appearance by Stormie Mauck on behalf of MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER (Mauck, Stormie) (Entered: 04/04/2024)

NOTICE of Appearance by LINDSEY A. BEDELL on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Cert. of Service(BEDELL, LINDSEY) (Entered: 04/05/2024)

NOTICE of Appearance by KEVIN R. BRADFORD on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ with Certificate of Service(BRADFORD, KEVIN) (Entered: 04/08/2024)

Minute Entry for proceedings held before DISTRICT JUDGE TIMOTHY J. SAVAGE. Rule 16 Pretrial Conference held on 04/09/2024. (va) (Entered: 04/09/2024)

MOTION to Transfer or in alternative, Strike; or in alternative, Partially Dismiss filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exh 1 - Declaration)(KAPLAN, SARINA) (Entered: 05/06/2024)

MOTION to Amend/Correct 23 MOTION to Transfer or in alternative, Strike; or in alternative, Partially Dismiss filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exh 1 - Corrected Memorandum of Law)(KAPLAN, SARINA) (Entered: 05/07/2024)

1 Exhibit Exh 1 - Corrected Memorandum of Law

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ORDER GRANTING 24 MOTION TO SUBSTITUTE CORRECTED MOTION TO TRANSFER. THE COMMONWEALTH DEFENDANTS MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS ATTACHED TO THE MOTION AS EXHIBIT 1 (DOC. NO. 24 -1) SHALL BE DEEMED FILED AS OF THIS DATE. THE COMMONWEALTH DEFENDANTS MOTION TO SUBSTITUTE CORRECTED MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS (DOC. NO. 23 ) IS DISMISSED AS MOOT. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 5/8/24. 5/13/24 ENTERED AND COPIES E-MAILED.(va) (Entered: 05/13/2024)

MOTION TO TRANSFER, OR IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION, OR IN THE ALTERNATIVE, PARTIALLY DISMISS filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ, MEMORANDUM, CERTIFICATE OF SERVICE.(md) (Entered: 05/15/2024)

NOTICE by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER Notice of Intent to File Amended Complaint (FELDMAN, MATTHEW) (Entered: 05/16/2024)

MOTION to Stay Deadline to Respond to Defendants' Motion to Transfer filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FELDMAN, MATTHEW) (Entered: 05/19/2024)

AMENDED COMPLAINT against PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, MICHAEL WENEROWICZ, BRIAN SCHNEIDER, filed by MALIKA HENDERSON, ANTOINE WALKER, DAVID THOMPSON, MUWSA GREEN, KHALIL HAMMOND, TYRONE LEONARD.(FELDMAN, MATTHEW) (Entered: 05/29/2024)

NOTICE of Appearance by CHASE M. DEFELICE on behalf of BRIAN SCHNEIDER (DEFELICE, CHASE) (Entered: 05/30/2024)

WAIVER OF SERVICE Returned Executed by BRIAN SCHNEIDER. BRIAN SCHNEIDER waiver sent on 5/29/2024, answer due 7/29/2024. (DEFELICE, CHASE) (Entered: 05/30/2024)

NOTICE of Appearance by SARINA M. KAPLAN on behalf of BRIAN SCHNEIDER with Certificate of Service(KAPLAN, SARINA) (Entered: 05/30/2024)

Set Motion and R&R Deadlines/Hearings

Set/Reset Deadlines as to 26 MOTION to Transfer. RESPONSES DUE BY 6/19/2024. (sg)

NOTICE of Appearance by JOSEPH G. FULGINITI on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ with Certificate of Service(FULGINITI, JOSEPH) (Entered: 05/31/2024)

ORDER THAT UPON CONSIDERATION OF THE PLAINTIFFS UNOPPOSED MOTION TO STAY THE DEADLINE TO RESPOND TO DEFENDANTS MOTION TO TRANSFER (DOC. NO. 28), IT IS ORDERED THAT THE MOTION IS GRANTED. IT IS FURTHER ORDERED AS FOLLOWS: 1. THE COMMONWEALTH DEFENDANTS MOTION TO TRANSFER; OR, IN THE ALTERNATIVE, STRIKE CLASS CERTIFICATION; OR, IN THE ALTERNATIVE, PARTIALLY DISMISS (DOC. NO. 26) SHALL BE DEEMED TO HAVE BEEN FILED ALSO IN THE NEWLY-FILED RELATED ACTIONS, HENDERSON, ET AL. V. HARRY, ET AL., C.A. NO. 24-2290 AND WALKER, ET AL. V. HARRY, ET AL., C.A. NO. 24-2295. 2. THE CLERK SHALL FILE A COPY OF THE MOTION IN THE RELATED CASES. 3. THE PLAINTIFFS SHALL FILE THEIR RESPONSES TO THE MOTION NO LATER THAN JUNE 19, 2024. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 5/30/2024.5/31/2024 ENTERED AND COPIES E-MAILED.(sg) (Entered: 05/31/2024)

NOTICE of Appearance by KELLY J. HOKE on behalf of PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ (HOKE, KELLY) (Entered: 05/31/2024)

Set Motion and R&R Deadlines/Hearings

MOTION to Withdraw 26 MOTION to Transfer filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FULGINITI, JOSEPH) (Entered: 06/06/2024)

MOTION for Extension of Time to File Response/Reply as to 29 Amended Complaint, filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HOKE, KELLY) (Entered: 06/06/2024)

ORDER GRANTING 36 MOTION TO WITHDRAW WITHOUT PREJUDICE 26 MOTION TO TRANSFER. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 6/7/24. 6/7/24 ENTERED AND COPIES E-MAILED. (va) (Entered: 06/07/2024)

ORDER GRANTING 37 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO AMENDED COMPLAINT BY 7/29/24. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 6/7/24. 6/7/24 ENTERED AND COPIES E-MAILED.(va) (Entered: 06/07/2024)

MOTION to Transfer filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.Brief, Certificate of Service. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Exhibit Declaration of David Radziewicz)(FULGINITI, JOSEPH) (Entered: 07/16/2024)

1 Brief

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2 Text of Proposed Order

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3 Exhibit Declaration of David Radziewicz

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MOTION to Stay filed by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(HOKE, KELLY) (Entered: 07/16/2024)

ORDER GRANTING 41 MOTION TO STAY ALL PROCEEDINGS PENDING DISPOSITION OF THE MOTION TO TRANSFER. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 7/17/24. 7/17/24 ENTERED AND COPIES E-MAILED.(va) (Main Document 42 replaced on 7/18/2024 as per Chambers.) (va). (Entered: 07/17/2024)

RESPONSE in Opposition re 40 MOTION to Transfer filed by MUWSA GREEN, KHALIL HAMMOND, MALIKA HENDERSON, TYRONE LEONARD, DAVID THOMPSON, ANTOINE WALKER. (Attachments: # 1 Text of Proposed Order)(FELDMAN, MATTHEW) (Entered: 07/30/2024)

1 Text of Proposed Order

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ORDER THAT, NO LATER THAN NOVEMBER 1, 2024, THE DEFENDANT PENNSYLVANIA DEPARTMENT OF CORRECTIONS (DOC) SHALL: IDENTIFY THE INSTITUTIONS WHERE THE PUTATIVE CLASS MEMBERS ARE CONFINED AND THE NUMBER OF THE PUTATIVE CLASS MEMBERS IN EACH INSTITUTION; AND SET FORTH THE DISTANCES BETWEEN THE LOCATION OF EACH OF THE IDENTIFIED INSTITUTIONS AND THE UNITED STATES COURTHOUSES IN HARRISBURG AND PHILADELPHIA.. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 10/23/24. 10/24/24 ENTERED AND COPIES E-MAILED. (va) Modified on 10/24/2024 (va). (Entered: 10/24/2024)

ORDER THAT ORAL ARGUMENT ON THE 40 MOTION TO TRANSFER IS SCHEDULED FOR TUESDAY, NOVEMBER 12, 2024, AT 1:30 P.M., IN COURTROOM 9A. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 10/23/24. 10/24/24 ENTERED AND COPIES E-MAILED.(va) (Entered: 10/24/2024)

Response re 44 Order,, by PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE, LUCAS MALISHCHAK, BRIAN SCHNEIDER, MICHAEL WENEROWICZ. (Attachments: # 1 Exhibit) (FULGINITI, JOSEPH) (Entered: 10/31/2024)

Response to This Court's Verbal Order of November 12, 2024 by MICHAEL WENEROWICZ, LUCAS MALISHCHAK, BRIAN SCHNEIDER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LAUREL HARRY, GEORGE LITTLE. (Attachments: # 1 Exhibit A, Declaration of Erin Brown, # 2 Exhibit B, Declaration of William Nicklow, # 3 Exhibit C, Declaration of Nicolette Cawley, # 4 Exhibit D, Philadelphia Costs Chart, # 5 Exhibit E, Harrisburg Costs Chart) (FULGINITI, JOSEPH) (Entered: 11/18/2024)

Response to ECF No. 47 by KHALIL HAMMOND, DAVID THOMPSON, ANTOINE WALKER, MUWSA GREEN, TYRONE LEONARD, MALIKA HENDERSON. (Attachments: # 1 Exhibit 1) (FELDMAN, MATTHEW) (Entered: 11/25/2024)

MEMORANDUM OPINION. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 1/8/25. 1/8/25 ENTERED AND COPIES E-MAILED. (va) (Entered: 01/08/2025)

ORDER GRANTING 40 MOTION TO TRANSFER CASE TO USDC MDPA. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 1/8/25. 1/8/25 ENTERED AND COPIES E-MAILED.(va) (Entered: 01/08/2025)

Remark

CASE TRANSFERRED TO USDC MDPA VIA ECF EXTRACTION SYSTEM. (va)

MOTION TO INTERVENE, AND JOINDER, AS THIRD-PARTY COPLAINTIFF AND MEMBER CLASS REPRESENTATIVE, FILED BY BRYAN A. PEREZ-RIVERA.(amas) (Entered: 07/18/2025)

ORDER THAT THE CLERK IS DIRECTED TO FORWARD THE MOTION TO INTERVENE, AND JOINDER, AS THIRD-PARTY COPLAINTIFF AND MEMBER CLASS REPRESENTATIVE TO THE CLERK OF THE MIDDLE DISTRICT. SIGNED BY DISTRICT JUDGE TIMOTHY J. SAVAGE ON 7/24/25. 7/25/25 ENTERED AND COPIES E-MAILED. NOT MAILED TO MOVANT.(va) Modified on 8/1/2025 (md). (Entered: 07/25/2025)

51 MOTION TRANSFERRED TO USDC MDPA VIA ECF EXTRACTION SYSTEM ON 7/25/25. (va)

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DOC. NO. 52 MAILED TO MOVANT PEREZ-RIVERA ON 8/4/2025. (md)

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