Court: | paed |
Docket #: | 5:09-cv-04182 |
Case Name: | LABAR v. ALERCIA et al |
PACER case #: | 322036 |
Date filed: | 2009-09-15 |
Date terminated: | 2011-06-09 |
Date of last filing: | 2010-01-14 |
Assigned to: | HONORABLE LAWRENCE F. STENGEL |
Case Cause: | 42:1983 Civil Rights Act |
Nature of Suit: | 440 Civil Rights: Other |
Jury Demand: | Both |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
DANIEL LABAR Plaintiff individually and as Administrator of the Estate of JOLENE LABAR |
JOHN M. ZAITER THOMAS P. FISCHER |
OFFICER JAMES T. ALERCIA Defendant Individually and in his official capacity as a member of the Palmer Township Police Department |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
OFFICER KEITH BORDER Defendant Individually and in his official capacity as a member of the Palmer Township Police Department |
ANDREW R. BENEDICT KEVIN LYNCH SUZANNE MCDONOUGH |
OFFICER THOMAS VOGEL Defendant Individually and in his official capacity as a member of the Palmer Township Police Department |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
OFFICER STEVEN STECKEL Defendant Individually and in his official capacity as a member of the Palmer Township Police Department |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
CHIEF BRUCE FRETZ Defendant Individually and in his official capacity as a member of the Palmer Township Police Department |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
DAVID COLVER Defendant Individually and in his official capacity as an elected official of the Township of Palmer |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
ROBERT A. LAMMI Defendant Individually and in his official capacity as an elected official of the Township of Palmer |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
K. MICHAEL MITCHELL Defendant Individually and in his official capacity as an elected official of the Township of Palmer |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
ANN-MARIE PANELLA Defendant Individually and in his official capacity as an elected official of the Township of Palmer |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
ROBERT E. SMITH Defendant Individually and in his official capacity as an elected official of the Township of Palmer |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
TOWNSHIP OF PALMER Defendant A Municipal Corporation and governmental entity within the Commonwealth of Pennsylvania TERMINATED: 02/28/2011 |
ANDREW R. BENEDICT CHARLES BRUNO KEVIN LYNCH SUZANNE MCDONOUGH |
BOROUGH OF WILSON Defendant A Municipal Corporation and governmental entity within the Commonwealth of Pennsylvania TERMINATED: 06/09/2011 |
CHAD LEE KLASNA |
CHIEF RICHARD NACE Defendant Individually and in his official capacity as a member of the Wilson Borough Police Department |
CHAD LEE KLASNA |
MAYOR DAVID PURUSSO Defendant Individually and in his official capacity as an elected official of the Borough of Wilson |
CHAD LEE KLASNA |
KAREN LOHRMAN Defendant Individually and in his official capacity as an elected official of the Borough of Wilson TERMINATED: 03/25/2010 |
CHAD LEE KLASNA |
OFFICER MICHAEL POTOPE Defendant Individually and in his official capacity as a member of the Wilson borough Police Department |
CHAD LEE KLASNA |
JOHN DOES 1-10 Defendant |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2009-09-15 | 1 | 0 | Complaint | COMPLAINT against ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, BOROUGH OF WILSON, RICHARD NACE, DAVID PURUSSO, KAREN LOHRMAN, MICHAEL POTOPE, JOHN DOES 1-10, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER ( Filing fee $ 350 receipt number PPE008916.), filed by DANIEL LABAR.(jeb, ) (Additional attachment(s) added on 2/8/2012: # 1 Designation Form) (mls, ). (Entered: 09/15/2009) | ||
2009-10-20 | 2 | 0 | Notice (Other) | NOTICE by ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER Waiver of Service of Summons (MCDONOUGH, SUZANNE) (Entered: 10/20/2009) | ||
2009-10-22 | 3 | 0 | Notice of Appearance | NOTICE of Appearance by KEVIN LYNCH on behalf of ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER (LYNCH, KEVIN) (Entered: 10/22/2009) | ||
2009-11-04 | 4 | 0 | Notice of Appearance | NOTICE of Appearance by SUZANNE MCDONOUGH on behalf of ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER with Jury Demand and Certificate of Service(MCDONOUGH, SUZANNE) (Entered: 11/04/2009) | ||
2009-11-16 | 5 | 0 | Notice of Appearance | NOTICE of Appearance by CHARLES BRUNO on behalf of ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER with certificate of service(BRUNO, CHARLES) (Entered: 11/16/2009) | ||
2009-12-04 | 6 | 0 | Motion to Dismiss | MOTION to Dismiss and Supporting Memorandum of Law filed by ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER.Memorandum of Law and Certificate of Service.(MCDONOUGH, SUZANNE) (Entered: 12/04/2009) | ||
2009-12-17 | 7 | 0 | Notice of Appearance | NOTICE of Appearance by ANDREW R. BENEDICT on behalf of ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER (BENEDICT, ANDREW) (Entered: 12/17/2009) | ||
2009-12-18 | 8 | 0 | Order | ORDER THAT PLAINTIFF SHALL FILE ITS ANSWER TO MOTION TO DISMISS FILED BY DEFT. PALMER TOWNSHIP NO LATER THAN 1/5/10. ( RESPONSES DUE BY 1/5/2010 ) SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/18/09. 12/18/09 ENTERED AND COPIES MAILED TO UNREPS., E-MAILED AND FAXED.(er, ) Modified on 12/18/2009 (er, ). (Entered: 12/18/2009) | ||
2010-01-05 | 9 | 0 | Response in Opposition to Motion | Memorandum in Opposition re 6 MOTION to Dismiss and Supporting Memorandum of Law filed by DANIEL LABAR, Certificate of Service. (Attachments: # 1 Supplement Case Cited in Memorandum)(FISCHER, THOMAS) Modified on 1/6/2010 (nd). (Entered: 01/05/2010) | ||
2010-01-14 | 10 | 0 | Reply to Response to Motion | REPLY to Response to Motion re 6 MOTION to Dismiss and Supporting Memorandum of Law reply in response to Plaintiff's response to Motion to Dismiss of Palmer Township Defendants filed by ROBERT A. LAMMI, K. MICHAEL MITCHELL, ANN-MARIE PANELLA, ROBERT E. SMITH, TOWNSHIP OF PALMER, JAMES T. ALERCIA, KEITH BORDER, THOMAS VOGEL, STEVEN STECKEL, BRUCE FRETZ, DAVID COLVER. (MCDONOUGH, SUZANNE) (Entered: 01/14/2010) | ||
2010-01-26 | 11 | 0 | Letter Response re 6 MOTION to Dismiss and Supporting Memorandum of Law filed by DANIEL LABAR, Certificate of Service. (FISCHER, THOMAS) Modified on 1/27/2010 (lisad, ). (Entered: 01/26/2010) | |||
2010-03-05 | 12 | 0 | NOTICE of Appearance by CHAD LEE KLASNA on behalf of BOROUGH OF WILSON, BOROUGH OF WILSON, KAREN LOHRMAN, KAREN LOHRMAN, RICHARD NACE, RICHARD NACE, MICHAEL POTOPE, MICHAEL POTOPE, DAVID PURUSSO, DAVID PURUSSO with CERTIFICATE OF SERVICE(KLASNA, CHAD) (Entered: 03/05/2010) | |||
2010-03-05 | 13 | 0 | WAIVER OF SERVICE Returned Executed by DAVID PURUSSO, KAREN LOHRMAN, RICHARD NACE, RICHARD NACE, MICHAEL POTOPE, KAREN LOHRMAN, DAVID PURUSSO, BOROUGH OF WILSON, BOROUGH OF WILSON, MICHAEL POTOPE. DAVID PURUSSO waiver sent on 3/2/2010, answer due 5/3/2010; KAREN LOHRMAN waiver sent on 3/2/2010, answer due 5/3/2010; RICHARD NACE waiver sent on 3/2/2010, answer due 5/3/2010; RICHARD NACE waiver sent on 3/2/2010, answer due 5/3/2010; MICHAEL POTOPE waiver sent on 3/2/2010, answer due 5/3/2010; KAREN LOHRMAN waiver sent on 3/2/2010, answer due 5/3/2010; DAVID PURUSSO waiver sent on 3/2/2010, answer due 5/3/2010; BOROUGH OF WILSON waiver sent on 3/2/2010, answer due 5/3/2010; BOROUGH OF WILSON waiver sent on 3/2/2010, answer due 5/3/2010; MICHAEL POTOPE waiver sent on 3/2/2010, answer due 5/3/2010. (KLASNA, CHAD) (Entered: 03/05/2010) | |||
2010-03-25 | 14 | 0 | STIPULATION of Dismissal with prejudice as to defendant Karen Lohrman by KAREN LOHRMAN. (KLASNA, CHAD) (Entered: 03/25/2010) | |||
2010-05-03 | 15 | 0 | NOTICE of Hearing:TELEPHONIC RULE 16 CONFERENCE SET FOR 6/18/2010 AT 1:30 PM BEFORE HONORABLE LAWRENCE F. STENGEL. PLAINTIFF'S COUNSEL SHALL INITIATE THE CALL.(pac,) (Entered: 05/03/2010) | |||
2010-05-05 | 16 | 0 | STIPULATION EXTENDING TIME TO ANSWER by BOROUGH OF WILSON, KAREN LOHRMAN, RICHARD NACE, MICHAEL POTOPE, DAVID PURUSSO. (KLASNA, CHAD) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 5/6/2010 (nd, ). (Entered: 05/05/2010) | |||
2010-05-07 | 17 | 0 | MOTION to Dismiss (Partially) filed by BOROUGH OF WILSON, KAREN LOHRMAN, RICHARD NACE, MICHAEL POTOPE, DAVID PURUSSO.Memorandum, Certificate of Counsel & Certificate of Service. (Attachments: # 1 Supplement Rule 7.1 Notice, # 2 Text of Proposed Order, # 3 Supplement Memo Of Law, # 4 Supplement Certification of Chad Klasna Esq., # 5 Supplement Certification of Service)(KLASNA, CHAD) (Entered: 05/07/2010) | |||
2010-05-12 | 18 | 0 | STIPULATION AND ORDER THAT THIS STIPULATION MAY BE SIGNED IN COURTERPARTS AND THAT A FACSIMILE COPY OF THIS STIPULATION SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL AND MAY BE FILED WITH THE CLERK OF THE COURT. AND THE MOTION UNDER RULE 12 IS HEREBY EXTENDED FOR DEFENDANTS UNTIL 5/7/10.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/12/10. 5/13/10 ENTERED AND COPIES E-MAILED.(dp, ) (Entered: 05/13/2010) | |||
2010-05-21 | 19 | 0 | RESPONSE in Opposition re 17 MOTION to Dismiss (Partially) MOTION to Dismiss (Partially) filed by DANIEL LABAR. (Attachments: # 1 Supplement)(FISCHER, THOMAS) (Entered: 05/21/2010) | |||
2010-06-17 | 20 | 0 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Interim Pretrial Conference held on 6/17/10. (dp, ) (Entered: 06/18/2010) | |||
2010-06-22 | 21 | 0 | ORDER THAT ORAL ARGUMENT ON THE PENDING MOTION TO DISMISS WILL BE HELD ON 7/9/10 AT 1:30 PM IN THE U.S. DISTRICT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/21/10. 6/22/10 ENTERED AND COPIES E-MAILED.(mbh, ). (Entered: 06/22/2010) | |||
2010-07-02 | 22 | 0 | ORDER THAT THE ORAL ARGUMENT ON THE PENDING MOTION TO DISMISS HAS BEEN RESCHEDULED TO JULY 23, 2010 AT 1:30 P.M. IN THE UNITED STATES DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/30/10. 7/2/10 ENTERED AND COPIES E-MAILED.(mas, ) (Entered: 07/02/2010) | |||
2010-07-09 | 23 | 0 | ORDER THAT THE MOTION HEARING SET FOR 8/27/2010 02:00 PM BEFORE HONORABLE LAWRENCE F. STENGEL, IN THE UNITED STATES DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/8/10. 7/9/10 ENTERED AND COPIES E-MAILED.(dp, ) (Entered: 07/09/2010) | |||
2010-08-30 | 24 | 0 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Oral Argument held on 8/27/10. Re: Defendants' Motions to Dismiss (Docs. #6 & #17). Atty. Benedict argues on behalf of defendants. Atty. McDonough argues on behalf of defendants. Atty. Klasna argues on behalf of Defendants. Atty. Zaiter argues on behalf of plaintiff. Court questions counsel. Court takes matter under advisement. Court Reporter: ESR. (mas, ) (Entered: 08/30/2010) | |||
2010-09-30 | 25 | 0 | OPINION. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/30/10. 9/30/10 ENTERED AND COPIES E-MAILED.(dp, ) (Entered: 09/30/2010) | |||
2010-09-30 | 26 | 0 | ORDER THAT THE MOTIONS ARE GRANTED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. COUNT I, II, III, VI, VII, VII, IX, AND XII ARE DISMISSED. PLAINTIFF'S REQUEST FOR PUNITIVE DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF ARE DISMISSED.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/30/10. 9/30/10 ENTERED AND COPIES E-MAILED.(dp, ) (Entered: 09/30/2010) | |||
2010-10-20 | 27 | 0 | ANSWER to 1 Complaint, by BOROUGH OF WILSON, KAREN LOHRMAN, RICHARD NACE, MICHAEL POTOPE, DAVID PURUSSO.(KLASNA, CHAD) (Entered: 10/20/2010) | |||
2010-10-20 | 28 | 0 | CERTIFICATE OF SERVICE by BOROUGH OF WILSON, KAREN LOHRMAN, RICHARD NACE, MICHAEL POTOPE, DAVID PURUSSO re 27 Answer to Complaint (KLASNA, CHAD) (Entered: 10/20/2010) | |||
2010-10-20 | 29 | 0 | Palmer Township's ANSWER to 1 Complaint, by TOWNSHIP OF PALMER.(MCDONOUGH, SUZANNE) (Entered: 10/20/2010) | |||
2010-10-22 | 30 | 0 | MOTION for Judgment on the Pleadings filed by TOWNSHIP OF PALMER.Memorandum, Certificate Of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(MCDONOUGH, SUZANNE) (Entered: 10/22/2010) | |||
2010-11-23 | 31 | 0 | TRANSCRIPT of held on 8/27/10, before Judge STENGEL. Court Reporter/Transcriber JUDY MACK. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/13/2010. Redacted Transcript Deadline set for 12/21/2010. Release of Transcript Restriction set for 2/18/2011. (dp, ) (Entered: 11/23/2010) | |||
2010-11-23 | 32 | 0 | Notice of Filing of Official Transcript with Certificate of Service re 31 Transcript - PDF, 11/23/10 Entered and Copies Emailed.. (dp, ) (Entered: 11/23/2010) | |||
2011-01-20 | 33 | 0 | ORDER THAT THE PLAINTIFF SHALL FILE A RESPONSE TO THE MOTION OF THE DEFENDANT FOR JUDGMENT ON OR BEFORE 1/25/2011.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/20/2011. 1/20/2011 ENTERED AND COPIES E-MAILED.(kk, ) (Entered: 01/20/2011) | |||
2011-01-25 | 34 | 0 | Memorandum of Law in Opposition re 30 MOTION for Judgment on the Pleadings filed by DANIEL LABAR. (ZAITER, JOHN) Modified on 1/26/2011 (nd, ). (Entered: 01/25/2011) | |||
2011-01-31 | 35 | 0 | MOTION for Leave to File a Reply Brief to Plaintiffs Response to Defendants Motion for Judgment on the Pleadings filed by TOWNSHIP OF PALMER.Memorandum of Law, Certificate of Service.(MCDONOUGH, SUZANNE) (Entered: 01/31/2011) | |||
2011-01-31 | 36 | 0 | ORDER THAT THE DEFENDANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF TO PLAINTIFF'S RESPONSE (DOC. NO.35) IS GRANTED; THE REPLY BRIEF SHALL BE DEEMED FILED ON THE DATE OF THIS ORDER. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 1/31/2011.2/1/2011 ENTERED AND COPIES MAILED, E-MAILED.(kk, ) (Entered: 02/01/2011) | |||
2011-01-31 | 37 | 0 | REPLY to Response to Motion re 30 MOTION for Judgment on the Pleadings filed by TOWNSHIP OF PALMER. (kk, ) (Entered: 02/01/2011) | |||
2011-02-28 | 38 | 0 | MEMORANDUM/OPINION THAT DEFENDANT PALMER TOWNSHIP'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/28/11. 3/1/11 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 03/01/2011) | |||
2011-02-28 | 39 | 0 | OPINION/ORDER THAT DEFENDANT PALMER TOWNSHIP'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/28/11. 3/1/11 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 03/01/2011) | |||
2011-03-15 | 40 | 0 | NOTICE of Hearing:TELEPHONE STATUS CONFERENCE SET FOR 4/1/2011 AT 2:00 PM BEFORE HONORABLE LAWRENCE F. STENGEL. PLAINTIFF'S COUNSEL WILL INITIATE THE CALL IN ACCORDANCE WITH THE ATTACHED NOTICE.(pac,) (Entered: 03/15/2011) | |||
2011-04-01 | 41 | 0 | MOTION for Judgment on the Pleadings filed by BOROUGH OF WILSON.Notice of Motion. (Attachments: # 1 Notice Pursuant to Local Rule 7.1c, # 2 Text of Proposed Order Proposed Order, # 3 Memorandum of Law, # 4 Certification of Counsel, # 5 Exhibit Exhibit A, # 6 Exhibit Exhibit B, # 7 Exhibit Exhibit C, # 8 Certification of Service)(KLASNA, CHAD) (Entered: 04/01/2011) | |||
2011-04-01 | 42 | 0 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Status Conference held on 4/1/11. A status conference was held in the above case. This matter was not placed on the record. (mas, ) (Entered: 04/01/2011) | |||
2011-05-18 | 43 | 0 | ORDER THAT UPON CONSIDERATION OF THE MOTION OF DEFENDANT BOROUGH OF WILSON FOR JUDGMENT ON THE PLEADINGS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(c) (DOC. NO. 44), AND PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO PALMER TOWNSHIP'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 34), IT IS HEREBY ORDERED THAT THE DEFENDANT'S MOTION IS GRANTED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/18/2011. 5/18/2011 ENTERED AND COPIES E-MAILED. (ems) (Entered: 05/18/2011) | |||
2011-06-09 | 44 | 0 | JUDGMENT in favor of BOROUGH OF WILSON, TOWNSHIP OF PALMER against DANIEL LABAR. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/9/2011. 6/10/2011 ENTERED AND COPIES E-MAILED.(kk, ) (Entered: 06/10/2011) | 2013-09-17 06:15:17 | 6241efd67050ebc5b7c3ab6dc20d2890b674e5fc |