Case: Rouse v. Plantier

U.S. Court of Appeals for the Third Circuit

COMPLAINT filed;; jury demand (Forma Pauperis) (femp) (Entered: 09/06/1990)

ORDER, granting in forma pauperis ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 09/06/1990)

NOTICE of Allocation and Assignment filed. Magistrate STANLEY R. CHESLER (femp) (Entered: 09/06/1990)

SUMMONS(ES) issued for WILLIAM PLANTIER, SALLY S. SCHEIDEMANTEL, WILLIAM H. FAUVER, JIM FLORIO, ROBERT CARDINAL , R. REDDY, ELAINE MARTIN, HELMKIN, MIKE ZELL, SANDOVAL, CATTONE, SCOTT FAUNCE, TARLIAN, O' BRYNE, TODD (20 DAYS, US MARSHAL'S BOX) (femp) Modified on 09/07/1990 (Entered: 09/06/1990)

RETURN OF SERVICE executed as to FLORIO, WILLIAM H. FAUVER 10/10/90 Answer due on 10/30/90 for FLORIO, for WILLIAM H. FAUVER (femp) (Entered: 10/22/1990)

RETURN OF SERVICE executed as to WILLIAM PLANTIER, SALLY S. SCHEIDEMANTEL, CARDINAL, REDDY, MARTIN, HELMKIN, MIKE ZELL, SCOTT FAUNCE 9/18/90 Answer due on 10/22/90 for SCOTT FAUNCE, for SANDOVAL, for MIKE ZELL, for HELMKIN, for MARTIN, for REDDY, for CARDINAL, for WILLIAM PLANTIER (femp) (Entered: 10/24/1990)

Return of service unexecuted as to SALLY S. SCHEIDEMANTEL (femp) (Entered: 10/24/1990)

NOTICE and ACKNOWLEDGEMENT OF SERVICE of copies of summons and complt. on deft.CATTONE 10/15/90 Answer due on 11/4/90 for CATTONE (nr) (Entered: 10/30/1990)

Notice of MOTION by SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, MARTIN, WILLIAM PLANTIER to dismiss the complt. , and proof of service. (ltr. brief) Motion hearing set for 11/26/90 on [10-1] motion . (nr) (Entered: 10/31/1990)

LTR. indicating deft's motion to dismiss ret. 11/26/90 to be decided w/out oral argument. Therefore, appearance is unnecessary. All papers supporting & opposing to be filed on/before 11/26/90. (DEBEVOISE) n/m (ej) (Entered: 10/25/1990)

NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT by mail as to TARLIAN 10/26/90 Answer due on 11/15/90 for TARLIAN (ac) (Entered: 11/09/1990)

CROSSCLAIM by TODD against O' BRYNE, CATTONE (femp) (Entered: 01/28/1991)

ANSWER to Complaint by TODD, TARLIAN; jury demand (cc) Modified on 01/28/1991 (Entered: 11/28/1990)

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 11.26.90; The following actions were taken, [10-1] motion of deft. Faunce to dismiss the complt. taken under advisement (nr) (Entered: 11/29/1990)

Notice of MOTION by O' BRYNE, CATTONE, FLORIO to extend time to answer , Motion hearing set for 12/26/90 on [14-1] motion w/Proof of Service & SILB. (ej) (Entered: 11/29/1990)

SCHEDULING ORDER-entered on rpt. (femp) (Entered: 08/27/1991)

ACKNOWLEDGEMENT OF SERVICE as to TODD 10/24/90 Answer due on 11/13/90 for TODD & U.S. MARSHAL'S return of of process. (bl) (Entered: 12/04/1990)

ACKNOWLEDGEMENT OF SERVICE as to O' BRYNE 11/14/90 Answer due on 12/4/90 for O' BRYNE (ej) (Entered: 12/05/1990)

ORDER granting [14-1] motion to extend time to answer within 30 days ( signed by Magistrate G. D. Haneke ) (femp) (Entered: 01/16/1991)

Substitute attorney for CATTONE, O' BRYNE, CARDINAL ; Terminated attorney GREGORY J GIORDANO for CARDINAL ; Added, ANTHONY PANTANO (femp) (Entered: 01/22/1991)

ANSWER by O' BRYNE, CATTONE to [12-1] cross claim (femp) (Entered: 01/28/1991)

ANSWER to Complaint by O' BRYNE, CATTONE (femp) (Entered: 02/04/1991)

OPINION ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/14/1991)

ORDER granting in part, denying in part [10-1] motion to dismiss the complt. ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/14/1991)

Notice of MOTION by O' BRYNE, CATTONE for summary judgment , Motion hearing set for 3/11/91 on [24-1] motion with certificate of service (brief sub). (femp) (Entered: 02/20/1991)

AFFIDAVIT of Gregory J. Giordano Re: [24-1] motion for summary judgment (femp) (Entered: 02/20/1991)

ORDER, granting pltf's request for appointment of counsel ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/22/1991)

ANSWER to Complaint by SCOTT FAUNCE, WILLIAM PLANTIER, CARDINAL, MARTIN, SANDOVAL, MIKE ZELL, HELMKIN, REDDY; jury demand with certificate of service. (femp) (Entered: 03/06/1991)

ANSWER by SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, SCOTT FAUNCE, MARTIN to [12-1] cross claim with certificate of service. (femp) (Entered: 03/06/1991)

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; (DEBEVOISE); Minutes of: 04.08.91; The following actions were taken, granting [24-1] motion for summary judgment - OS (cc) Modified on 04/09/1991 (Entered: 04/09/1991)

STIPULATION of dismissal as to defts Michael Todd, M.D., and Henry Tarlian, M.D., with prejudice and without costs. (femp) (Entered: 04/30/1991)

CERTIFICATION of Anthony Pantano, DAG Re: Consent to pla's amendment to complaint. (ar) (Entered: 09/18/1991)

AMENDED COMPLAINT by DARRYL LEON ROUSE , (Answer due 9/26/91 for WILLIAM PLANTIER, for SALLY S. SCHEIDEMANTEL, for WILLIAM H. FAUVER, for MARTIN, for FLORIO, for CARDINAL, for REDDY, for HELMKIN, for MIKE ZELL, for SANDOVAL, for CATTONE, for SCOTT FAUNCE, for TARLIAN, for O' BRYNE, for TODD ) amending [1-1] complaint [Clk's Note: No Summons issued - defts' consented to amendment etc.] (ar) (Entered: 09/18/1991)

ANSWER to Complaint by REDDY, CARDINAL, MARTIN, WILLIAM H. FAUVER, WILLIAM PLANTIER; jury demand (nr) (Entered: 09/27/1991)

NOTICE of Call for Dismissal Pursuant to Rule 30 Motion hearing set for 10:00 11/25/91 (femp) (Entered: 11/06/1991)

Minute entry: Proceedings recorded by Ct-Reporter: H. Rappaport; Minutes of: 11-25-91; The following actions were taken, denying [35-1] dismiss/dismissal notice Call for Dismissal By Judge Dickinson R. Debevoise (femp) (Entered: 12/02/1991)

ORDER of reassignment to Judge Bassler ( signed by Chief Judge John F. Gerry ) (jd) (Entered: 07/07/1992)

CASE reassigned to Judge William G. Bassler (jd) (Entered: 07/07/1992)

NOTICE of Call for Dismissal Pursuant to Rule 30 Motion hearing set for 10:00 12/28/92 (sr) (Entered: 12/07/1992)

CERTIFICATION of James H. Gambrill, Esq. in opposition to [38-1] dismiss/dismissal notice Call for Dismissal (sr) (Entered: 12/28/1992)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 12/28/92; The following actions were taken, at call for denying [38-1] dismiss/dismissal notice Call for Dismissal By Judge William G. Bassler (sr) (Entered: 01/11/1993)

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 7/2/93 ; Pretrial conference 10:00 8/19/93; etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 05/06/1993)

ORDER, for leave to file motion to amend complaint to be ret on or before 11/1/93 & opposition to be fld on or before 11/1/93, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 09/27/1993)

Notice of MOTION for leave to file second amended complaint by DARRYL LEON ROUSE, Motion hearing set for 11/22/93 on [43-1] motion with proof of service, (brief sub). (sr) (Entered: 10/19/1993)

Substitute attorney for REDDY, CARDINAL, MARTIN, , WILLIAM PLANTIER ; Terminated attorney MARY ELLEN HALLORAN for WILLIAM PLANTIER, attorney MARY ELLEN HALLORAN for MARTIN, attorney MARY ELLEN HALLORAN for CARDINAL, attorney MARY ELLEN HALLORAN for REDDY ; Added, MAMTA PATEL (sr) Modified on 11/08/1993 (Entered: 11/08/1993)

AFFIDAVIT of Robert Cardinale, M.D. (sr) (Entered: 11/30/1993)

AFFIDAVIT of Jeanette Ferro (sr) (Entered: 11/30/1993)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 11/30/93; The following actions were taken, adjourning motion hearing on [43-1] motion for leave to file second amended complaint by DARRYL LEON ROUSE to 12/13/93 By Magistrate Dennis M. Cavanaugh (sr) (Entered: 12/01/1993)

REPLY CERTIFICATION of Jonathan Romberg, Esq. (sr) (Entered: 12/10/1993)

OPINION ( signed by Magistrate Dennis M. Cavanaugh ) (pv) (Entered: 07/26/1994)

ORDER granting [43-1] motion for leave to file second amended complaint w/in 20 dys of receipt of order ( signed by Magistrate Dennis M. Cavanaugh ) (pv) (Entered: 07/26/1994)

SECOND AMENDED COMPLAINT by DARRYL LEON ROUSE , amending [33-1] amended complaint against CHARLES BROOKS, STEPHEN JULIO BAEZ, ROBERT KAMMERER, ELAINE ALLEN, JOHN DOE, JANE ROE (sr) (Entered: 08/02/1994)

Notice of MOTION to dismiss 2nd complt by REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, ELAINE ALLEN, Motion hearing set for 1/9/95 on [52-1] motion , proof of serv (brief sub) (pv) (Entered: 12/19/1994)

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 1/9/95; The following actions were taken, [52-1] motion to dismiss 2nd complt taken under advisement, Rule 78 By Judge William G. Bassler (femp) (Entered: 01/12/1995)

ORDER, scheduling order deadlines: Status conference 9:30 6/21/95 ; Settlement conference 9:30 6/21/95 ; ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 06/09/1995)

MEMORANDUM OPINION fld. ( signed by Judge William G. Bassler ) (sr) (Entered: 06/30/1995)

Case closed (sr) (Entered: 06/30/1995)

SCHEDULING ORDER setting Status conference 10:00 11/3/95 ; etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 07/11/1995)

Case reopened (CLERK'S NOTE: case closed in error) (sr) (Entered: 07/11/1995)

Substitute attorney for SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, FLORIO, MARTIN, WILLIAM H. FAUVER, SALLY S. SCHEIDEMANTEL, WILLIAM PLANTIER, ELAINE ALLEN ; Terminated attorney MAMTA PATEL for WILLIAM PLANTIER, attorney ANTHONY PANTANO for WILLIAM PLANTIER, attorney MAMTA PATEL for WILLIAM H. FAUVER, attorney MAMTA PATEL for MARTIN, attorney ANTHONY PANTANO for MARTIN, attorney MAMTA PATEL for CARDINAL, attorney ANTHONY PANTANO for CARDINAL, attorney MAMTA PATEL for REDDY, attorney ANTHONY PANTANO for REDDY, attorney MARY ELLEN HALLORAN for HELMKIN, attorney ANTHONY PANTANO for HELMKIN, attorney MARY ELLEN HALLORAN for MIKE ZELL, attorney ANTHONY PANTANO for MIKE ZELL, attorney MARY ELLEN HALLORAN for SANDOVAL, attorney ANTHONY PANTANO for SANDOVAL, attorney MARY ELLEN HALLORAN for SCOTT FAUNCE, attorney ANTHONY PANTANO for SCOTT FAUNCE ; Added, JAYROE WURST (sr) (Entered: 08/02/1995)

ORDER permitting counsel for defts to depose pltfs, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 09/13/1995)

Substitute attorney for SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, FLORIO, MARTIN, WILLIAM H. FAUVER, SALLY S. SCHEIDEMANTEL, WILLIAM PLANTIER, ELAINE ALLEN ; Terminated attorney JAYROE WURST for ELAINE ALLEN, attorney JAYROE WURST for WILLIAM PLANTIER, attorney JAYROE WURST for SALLY S. SCHEIDEMANTEL, attorney JAYROE WURST for WILLIAM H. FAUVER, attorney JAYROE WURST for MARTIN, attorney JAYROE WURST for FLORIO, attorney JAYROE WURST for CARDINAL, attorney JAYROE WURST for REDDY, attorney JAYROE WURST for HELMKIN, attorney JAYROE WURST for MIKE ZELL, attorney JAYROE WURST for SANDOVAL ; Added, WILLIAM P. FLAHIVE (sr) (Entered: 10/11/1995)

ORDER indicating depositions must be concluded by 12/1/95 ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 11/01/1995)

ORDER RE: Discovery, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 11/13/1995)

CONSENT ORDER, for protective order ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 12/01/1995)

Notice of MOTION for class certification by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER, Motion hearing set for 3/25/96 on [65-1] motion . (Brief/PO Subm) (sr) (Entered: 02/23/1996)

AFFIDAVIT by Zipora Chapler Re documents & records recv'd from defts (sr) (Entered: 03/12/1996)

AFFIDAVIT by William Flahive, DAG Re records recv'd from defts (letter brief sub) (sr) (Entered: 03/12/1996)

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 03/25/96; The following actions were taken, [65-1] motion for class certification taken under advisement By Judge William G. Bassler (sr) (Entered: 03/28/1996)

OPINION fld. ( signed by Judge William G. Bassler ) (sr) (Entered: 03/28/1996)

ORDER granting [65-1] motion for class certification ( signed by Judge William G. Bassler ) (sr) (Entered: 03/28/1996)

FINAL SCHEDULING ORDER setting Discovery cutoff 10/31/96 ; Dispositive Motion due on or before 12/9/96; etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/20/1996)

OPINION AND ORDER RE: discovery, etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/28/1996)

NOTICE of APPEAL by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER of Magistrate decision to District Court RE: [72-1] order Hearing on magistrate appeal set for 7/8/96 w/cert of service, (brief sub). (sr) (Entered: 06/12/1996)

AFFIDAVIT by Louis G. Fares, M.D. in opposition to [73-1] Magistrate appeal (brief sub). (sr) (Entered: 07/09/1996)

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 07/08/96; The following actions were taken, [73-1] Magistrate appeal taken under advisement purs to Rule 78 By Judge William G. Bassler (sr) (Entered: 07/12/1996)

Notice of MOTION for substitution of Stephen Jankowski, Jr. , the temporary admisistrator of the Estate of Stephen Jankowski, Sr., for pltf Stephen Jankowski, Sr. by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER, Motion hearing set for 9/23/96 on [76-1] motion . (Brief/PO Subm) (sr) (Entered: 08/26/1996)

ORDER granting [76-1] motion for substitution of Stephen Jankowski, Jr. , the temporary admisistrator of the Estate of Stephen Jankowski, Sr., for pltf Stephen Jankowski, Sr. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 10/01/1996)

ORDER remanding matter to Magistrate Cavanaugh for additional consideration RE: [73-1] Magistrate appeal ( signed by Judge William G. Bassler ) (sr) (Entered: 11/20/1996)

OPINION fld. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/05/1997)

ORDER granting pltfs' motion for reconsideration of 5/24/96 order RE: discovery ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/05/1997)

SCHEDULING ORDER directing parties to file briefs in support of motion for summary judgment & any cross motion for summary judgment upon opposing counsel on or before 8/15/97, etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 07/30/1997)

Notice of MOTION for leave to file overlength brief in support of defts' motion for summary judgment by ELAINE ALLEN, REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, Motion hearing set for 10/14/97 on [82-1] letter in lieu of brief, w/cert of service . (Brief/PO Subm) (sr) (Entered: 09/17/1997)

ORDER denying [82-1] motion for leave to file overlength brief in support of defts' motion for summary judgment ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 09/22/1997)

Notice of MOTION for summary judgment by ELAINE ALLEN, REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, Motion hearing set for 10/14/97 on [85-1] motion . (Brief/PO Subm) (sr) (Entered: 09/23/1997)

AFFIDAVIT of William P. Flahive, DAG Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

AFFIDAVIT of Gail Bozza Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

AFFIDAVIT of Gail Bozza Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

AFFIDAVIT of Zipora Chapler Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

AFFIDAVIT of James E. Ryan, Esq. on behalf of JULIO BAEZ, STEPHEN JANKOWSKI, CHARLES BROOKS Re: [85-1] motion for summary judgment (brief sub) (sr) (Entered: 09/23/1997)

AFFIDAVIT of William P. Flahive, DAG RE: medical records obtained from defts & provided to pltfs in discovery (sr) (Entered: 09/22/1997)

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 10/14/97; The following actions were taken, [85-1] motion for summary judgment taken under advisement, [82-1] motion for leave to file overlength brief in support of defts' motion for summary judgment taken under advisement By Judge William G. Bassler (sr) (Entered: 10/22/1997)

ORDER reallocating case from Newark to Camden and reassigning case from Judge William G. Bassler to Judge Stephen M. Orlofsky. ( signed by Chief Judge Anne E. Thompson ) (ar1) (Entered: 11/10/1997)

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 11/13/97; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/14/1997)

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 11/20/97; The following actions were taken, [85-1] motion for summary judgment taken under advisement. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/20/1997)

OPINION ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 12/05/1997)

ORDER granting motion of defendant Fauver for summary judgment; granting defendants' motion for summary judgment as to claims under the American Disabilities Act; denying motion of defendants Plantier, Dr. Reddy, Dr. Cardinale and nurse Allen for summary judgment as to remaining claims. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 12/05/1997)

Deadline updated; terminating [85-2] hearing Motion hearing set for 10/14/97 on [85-1] motion (ar1) (Entered: 12/05/1997)

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 12/18/97; The following actions were taken, Case Management/Settlement Conference Held. By Judge Stephen M. Orlofsky (ar1) (Entered: 12/18/1997)

Notice of MOTION for reconsideration of [96-1] opinion and [97-1] order granting and denying defendants motions for summary judgment by plaintiffs' DARRYL LEON ROUSE, et al., Motion hearing . (ar1) (Entered: 12/30/1997)