Case details

Court: paed
Docket #: 2:10-cv-00787
Case Name: ZABALA v. CITY OF PHILADELPHIA et al
PACER case #: 348272
Date filed: 2010-02-23
Date terminated: 2011-03-17
Assigned to: MAGISTRATE JUDGE DAVID R. STRAWBRIDGE
Referred to: MAGISTRATE JUDGE DAVID R. STRAWBRIDGE (Settlement)
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
ADONIS ZABALA
Plaintiff
MATTHEW B. WEISBERG
WEISBERG LAW PC 7 SOUTH MORTON AVE MORTON, PA 19070 610-690-0801 Fax: 610-690-0880 Email: mweisberg@ppwlaw.com
ATTORNEY TO BE NOTICED

CITY OF PHILADELPHIA
Defendant
TERMINATED: 03/15/2011
GENELLE FRANKLIN
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 620 FREEDOM BUSINESS CENTER DRIVE SUITE 300 KING OF PRUSSIA, PA 19406 610-354-8475 Email: ggfranklin@mdwcg.com
TERMINATED: 03/15/2011 LEAD ATTORNEY

AMANDA C SHOFFEL
CITY OF PHILADELPHIA LAW DEPARTMENT 1515 ARCH STREET 14TH FLOOR PHILDELPHIA, PA 19102 215-683-5443 Email: amanda.shoffel@phila.gov
TERMINATED: 03/15/2011

CRAIG M. STRAW
CITY OF PHILADELPHIA LAW DEPARTMENT 1515 ARCH STREET 14TH FLOOR PHILA, PA 19102 215-683-5442 Email: craig.straw@phila.gov
TERMINATED: 03/15/2011

OFFICER DUFFY
Defendant
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER IN THE PHILADELPHIA CITY POLICE DEPARTMENT TERMINATED: 03/15/2011
GENELLE FRANKLIN
(See above for address)
TERMINATED: 03/15/2011 LEAD ATTORNEY

AMANDA C SHOFFEL
(See above for address)
TERMINATED: 03/15/2011

CRAIG M. STRAW
(See above for address)
TERMINATED: 03/15/2011

OFFICER DUFFY.
Defendant
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER IN THE PHILADELPHIA CITY POLICE DEPARTMENT TERMINATED: 03/15/2011
GENELLE FRANKLIN
(See above for address)
TERMINATED: 03/15/2011 LEAD ATTORNEY

AMANDA C SHOFFEL
(See above for address)
TERMINATED: 03/15/2011

CRAIG M. STRAW
(See above for address)
TERMINATED: 03/15/2011

SYLVESTER JOHNSON
Defendant
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE COMMISSIONER OF THE CITY OF PHILADELPHIA TERMINATED: 03/15/2011
GENELLE FRANKLIN
(See above for address)
TERMINATED: 03/15/2011 LEAD ATTORNEY

AMANDA C SHOFFEL
(See above for address)
TERMINATED: 03/15/2011

CRAIG M. STRAW
(See above for address)
TERMINATED: 03/15/2011

SERGEANT CHARLESTON
Defendant
INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS POLICE OFFICER IN THE CITY OF PHILADELPHIA POLICE DEPARTMENT TERMINATED: 03/15/2011
GENELLE FRANKLIN
(See above for address)
TERMINATED: 03/15/2011 LEAD ATTORNEY

AMANDA C SHOFFEL
(See above for address)
TERMINATED: 03/15/2011

CRAIG M. STRAW
(See above for address)
TERMINATED: 03/15/2011

JOHN DOES 1 - 10
Defendant
TERMINATED: 03/15/2011
OFFICER KEVIN DUFFY
Defendant
AMANDA C SHOFFEL
(See above for address)
ATTORNEY TO BE NOTICED

CRAIG M. STRAW
(See above for address)
ATTORNEY TO BE NOTICED

GENELLE FRANKLIN
(See above for address)
ATTORNEY TO BE NOTICED

OFFICER DANIEL DUFFY
Defendant
AMANDA C SHOFFEL
(See above for address)
ATTORNEY TO BE NOTICED

CRAIG M. STRAW
(See above for address)
ATTORNEY TO BE NOTICED

GENELLE FRANKLIN
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-02-23 1 0 COMPLAINT against CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., JOHN DOES 1 - 10, SYLVESTER JOHNSON ( Filing fee $ 350 receipt number PPE018173.), filed by ADONIS ZABALA.(jmv, ) (Additional attachment(s) added on 2/24/2010: # 1 Complaint) (jmv, ). (Entered: 02/24/2010)
1 1
2010-03-23 2 0 Summons Returned Unexecuted by ADONIS ZABALA as to CHARLESTON, DUFFY, DUFFY.. (jl, ) (Entered: 03/23/2010)
2010-03-23 3 0 SUMMONS Returned Executed by ADONIS ZABALA re: CHARLES ONDREJKA served Summons and Complaint upon CITY OF PHILADELPHIA, SYLVESTER JOHNSON by PERSONAL SERVICE. CITY OF PHILADELPHIA served on 3/16/2010, answer due 4/6/2010; SYLVESTER JOHNSON served on 3/16/2010, answer due 4/6/2010. (jl, ) (Entered: 03/23/2010)
2010-03-26 4 0 SUMMONS Returned Executed by ADONIS ZABALA re: TERRY BRENNAN served Summons and Complaint upon CHARLESTON, DUFFY, DUFFY. by PERSONAL SERVICE. CHARLESTON served on 3/24/2010, answer due 4/14/2010; DUFFY served on 3/24/2010, answer due 4/14/2010; DUFFY. served on 3/24/2010, answer due 4/14/2010. (jl, ) (Entered: 03/26/2010)
2010-04-05 5 0 ANSWER to 1 Complaint, together with Affirmative Defenses by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON, Certificate of Service.(FRANKLIN, GENELLE) Modified on 4/6/2010 (nd, ). (Entered: 04/05/2010)
2010-04-26 6 0 NOTICE by ADONIS ZABALA Request for an initial pre-trial conference (WEISBERG, MATTHEW) (Entered: 04/26/2010)
2010-04-28 7 0 NOTICE of Hearing:A RULE 16 CONFERENCE WILL BE HELD ON 5/5/2010 AT 10:30 AM IN JUDGE'S CHAMBERS, ROOM 7613 ON THE 7TH FLOOR, BEFORE HONORABLE ANITA B. BRODY.4/27/2010 ENTERED AND COPIES SENT VIA ECF AND U.S. MAIL.(mo, ) (Entered: 04/28/2010)
2010-04-30 8 0 NOTICE by ADONIS ZABALA re 7 Notice of Hearing (WEISBERG, MATTHEW) (Entered: 04/30/2010)
2010-05-03 9 0 ORDER that A RULE 16 CONFERENCE SCHEDULED FOR MAY 5, 2010 IS CANCELED AND RESCHEDULED FOR WEDNESDAY, JUNE 9, 2010 AT 4:00 P.M.. THE CONFERENCE WILL BE HELD IN CHAMBERS, ROOM 7613 ON THE 7TH FLOOR OF THE U.S. COURTHOUSE, 601 MARKET ST., PHILADELPHIA, PA., BEFORE HONORABLE ANITA B. BRODY.). SIGNED BY HONORABLE ANITA B. BRODY ON 5/3/2010. 5/3/2010 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) (Entered: 05/03/2010)
2010-06-07 10 0 Discovery Plan by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON, ADONIS ZABALA.(WEISBERG, MATTHEW) (Entered: 06/07/2010)
2010-06-15 11 0 ORDER that DISCOVERY DUE BY 10/15/2010; DISPOSITIVE MOTIONS DUE 10/29/2010; MOTIONS IN LIMINE DUE BY 11/26/2010; PLAINTIFF PRETRIAL MEMO DUE BY 11/12/2010; DEFENDANT PRETRIAL MEMO DUE BY 10/26/2010 AND TRIAL POOL SET FOR 11/30/2010.. SIGNED BY HONORABLE ANITA B. BRODY ON 6/15/2010. 6/15/2010 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, ) (Entered: 06/15/2010)
2010-06-16 12 0 NOTICE of Hearing: TELEPHONE CONFERENCE RE: CASE STATUS AND TO DISCUSS A POSSIBLE SETTLEMENT CONFERENCE DATE IS SCHEDULED FOR 7/29/2010 09:15 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS CALL AND TO DIAL CHAMBERS AT 267-299-7790 ONCE ALL COUNSEL ARE ON THE LINE.(lds, ) (Entered: 06/16/2010)
2010-06-29 13 0 Minute Entry for proceedings held before HONORABLE ANITA B. BRODY: Pretrial Conference held on 6/9/10. (jl, ) (Entered: 06/29/2010)
2010-08-03 14 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Telephone Conference held on 7/29/10 (jl, ) (Entered: 08/03/2010)
2010-08-05 15 0 SETTLEMENT CONFERENCE ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN CHAMBERS ON 10/12/10 AT 9:30 A.M.; ETC.. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 8/5/10. 8/5/10 ENTERED AND E-MAILED.(jl, ) (Entered: 08/05/2010)
2010-10-18 16 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Settlement Conference held on 10/12/10. (jl, ) (Entered: 10/18/2010)
2010-10-28 17 0 CONSENT to Jurisdiction by US Magistrate Judge by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY... (FRANKLIN, GENELLE) (Entered: 10/28/2010)
2010-10-29 18 0 MOTION for Partial Summary Judgment filed by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY..Memorandum of Law, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(FRANKLIN, GENELLE) (Entered: 10/30/2010) 2011-03-08 14:15:55 a149cd0de0a3b26cd9a668e7d2a8c89ff6605a7a
18 1
18 2
2010-11-02 19 0 CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE STRAWBRIDGE TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT IN ACCORDANCE WITH 28 U.S.C. &636 (c) AND FED.R.CIV.P.73; ETC.. SIGNED BY HONORABLE ANITA B. BRODY ON 11/1/10. 11/2/10 ENTERED AND E-MAILED.(jl, ) (Entered: 11/02/2010)
2010-11-08 20 0 NOTICE of Hearing: TELEPHONE CONFERENCE RE: STATUS AND PRETRIAL SCHEDULING HAS BEEN SET FOR 11/9/2010 09:30 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS CALL AND TO DIAL CHAMBERS AT 267-299-7790 ONCE ALL COUNSEL ARE ON THE LINE.(lds, ) (Entered: 11/08/2010)
2010-11-09 21 0 FIRST AMENDED SCHEDULING ORDER THAT COMPLETION OF ALL DISCOVERY IS EXTENDED UNTIL 1/7/11. ANY DISPOSITIVE MOTIONS, AS WELL AS ANY MOTIONS IN LIMINE, SHALL BE FILED ON OR BEFORE 1/14/11. PLAINTIFF'S PRETRIAL MEMORANDUM SHALL BE FILED BY 3/9/11. DEFENDANTS PRETRIAL MEMORANDUM SHALL BE FILED BY 3/11/11. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 3/14/11 AT 4:30 P.M. TRIAL BY JURY SHALL COMMENCE ON 3/16/11 AT 9:30 A.M. IN COURTROOM 3-H; ETC. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 11/9/10. 11/9/10 ENTERED AND E-MAILED.(jl, ) (Entered: 11/09/2010) 2010-11-22 15:53:27 97088cb82b9452c116c0fc474acda5b50e9d9fff
2010-11-10 22 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: NON FINAL Pretrial Conference held on 11/9/10. (jl, ) (Entered: 11/10/2010)
2010-11-23 23 0 NOTICE by ADONIS ZABALA re 18 MOTION for Partial Summary Judgment (WEISBERG, MATTHEW) (Entered: 11/23/2010) 2011-03-08 14:52:10 7e78b0d561c329667b526d7b22bb8a2a06109af2
2010-11-30 24 0 ORDER THAT DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED WITHOUT PREJUDICE; ETC.. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 11/30/10.11/30/10 ENTERED AND E-MAILED.(jl, ) (Entered: 11/30/2010) 2011-03-08 16:21:04 b438bbf73d10d65aab884ecd6f0fd6a64243423a
2011-03-08 25 0 NOTICE of Appearance by AMANDA C SHOFFEL on behalf of CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON (SHOFFEL, AMANDA) (Entered: 03/08/2011)
2011-03-08 26 0 NOTICE of Appearance by CRAIG M. STRAW on behalf of CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON (STRAW, CRAIG) (Entered: 03/08/2011)
2011-03-09 27 0 PRETRIAL MEMORANDUM by ADONIS ZABALA Certificate of Service. (WEISBERG, MATTHEW) (Entered: 03/09/2011)
2011-03-09 28 0 Proposed Voir Dire by ADONIS ZABALA. Certificate of Service (WEISBERG, MATTHEW) (Entered: 03/09/2011)
2011-03-10 29 0 Proposed Verdict Sheet by ADONIS ZABALA.. Certificate of Service (WEISBERG, MATTHEW) (Entered: 03/10/2011)
2011-03-10 30 0 Proposed Jury Instructions by ADONIS ZABALA. Certificate of Service (WEISBERG, MATTHEW) (Entered: 03/10/2011)
2011-03-11 31 0 Proposed Verdict Sheet by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON.. (STRAW, CRAIG) (Entered: 03/11/2011)
2011-03-11 32 0 Proposed Voir Dire by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON, Certificate of Service. (STRAW, CRAIG) Modified on 3/14/2011 (lisad, ). (Entered: 03/11/2011)
2011-03-11 33 0 PRETRIAL MEMORANDUM by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON Certificate of Service. (STRAW, CRAIG) (Entered: 03/11/2011)
2011-03-11 34 0 Proposed Jury Instructions by CHARLESTON, CITY OF PHILADELPHIA, DUFFY, DUFFY., SYLVESTER JOHNSON. (SHOFFEL, AMANDA) (Entered: 03/11/2011)
2011-03-15 35 0 NOTICE by ADONIS ZABALA (WEISBERG, MATTHEW) (Entered: 03/15/2011)
2011-03-15 36 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Final Pretrial Conference held on 3/14/11 (jl, ) (Entered: 03/15/2011)
2011-03-15 37 0 ORDER THAT COUNTS II, III AND IV ARE DISMISSED WITH PREJUDICE. THE CAPTION SHALL BE AMENDED TO REFLECT OFFICER KEVIN DUFFY AND OFFICER DANIEL DUFFY ONLY AS DEFENDANTS; ETC.. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/15/11. 3/15/11 ENTERED AND E-MAILED.(jl, ) (Entered: 03/15/2011)
2011-03-15 38 0 NOTICE by DANIEL DUFFY, KEVIN DUFFY re 35 Notice (Other) (SHOFFEL, AMANDA) (Entered: 03/15/2011)
2011-03-17 39 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Jury Trial day #1 held on 3/16/11 (jl, ) (Entered: 03/17/2011)
2011-03-17 40 0 Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Jury Trial completed on 3/17/11 (jl, ) (Entered: 03/17/2011)
2011-03-17 41 0 VERDICT SHEET(jl, ) (Entered: 03/17/2011)
2011-03-17 42 0 CIVIL JUDGMENT ORDER THAT JUDGMENT BE AND THE SAME IS HEREBY ENTERED IN FAVOR OF THE DEFENDANTS, OFFICER KEVIN DUFFY AND OFFICER DANIEL DUFFY, AND AGAINST THE PLAINTIFF, ADONIS ZABALA; ETC.. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/17/11. 3/17/11 ENTERED AND E-MAILED.(jl, ) (Entered: 03/17/2011)
2011-03-18 43 0 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PA BE AND HE IS HEREBY DIRECTED TO FURNISH LUNCH FOR 8 JURORS ENGAGED IN THE ABOVE ENTITLED CASE. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/17/2011. 3/18/2011 ENTERED (tomg, ) (Entered: 03/18/2011)