| Court: | paed |
| Docket #: | 2:95-cv-03009 |
| Case Name: | AUSTIN v. NEAL, et al |
| PACER case #: | 70832 |
| Date filed: | 1995-05-18 |
| Date terminated: | 1996-06-04 |
| Assigned to: | HONORABLE JAY C. WALDMAN |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| BRIAN AUSTIN Plaintiff |
DORIS J. DABROWSKI |
| RICHARD NEAL Defendant individually and in his official capacity as Commissioner of the Philadelphia Police Department |
WILLIAM R. THOMPSON |
| THOMAS J. NESTEL Defendant individually and in his official capacity as Deputy Commissioner of the Philadelphia Police Department |
WILLIAM R. THOMPSON |
| THOMAS SEAMON Defendant individually and in his official capacity as Deputy Commissioner of Operations of the Philadelphia Police Department |
WILLIAM R. THOMPSON |
| RICHARD ZAPPILE Defendant individually and in his official capacity as the chief of operations for the Philadelphia Police Department |
WILLIAM R. THOMPSON |
| RAYMOND ROOENY Defendant individually and in his official capacity as chief inspector of internal affairs of the Philadelphia Police Department TERMINATED: 06/06/1995 |
|
| THE CITY OF PHILADELPHIA Defendant a municipality of the Commonwealth of Pennsylvania |
WILLIAM R. THOMPSON |
| RAYMOND ROONEY Defendant individually and in his official capacity as chief inspector of internal affairs of the Philadelphia Police Department |
WILLIAM R. THOMPSON |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1995-05-18 | 1 | 0 | Complaint. filing fee $ 120.00. (fe) (Entered: 05/18/1995) | |||
| 1995-05-30 | 2 | 0 | Affidavit of: A. Fantasia re: served summons and complaint upon DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT RAYMOND ROOENY, DEFENDANT THE CITY OF PHILA. Served by: personal service on 5/24/95. (fe) (Entered: 05/30/1995) | |||
| 1995-06-06 | 3 | 0 | Amended complaint by PLAINTIFF BRIAN AUSTIN, amending [1-1] complaint against RAYMOND ROONEY; jury demand. (kw) (Entered: 06/07/1995) | |||
| 1995-06-26 | 4 | 0 | STIPULATION AND ORDER THAT WILLIAM R. THOMPSON ACCEPTS SERVICE OF THE AMENDED COMPLAINT ON BEHALF OF EACH OF THE DEFTS BY FIRST CLASS MAIL; DEFTS SHALL HAVE AN EXTENSION OF TIME TO FILE AN ANSWER, PLEAD OR OTHERWISE MOVE TO THE AMENDED COMPLAINT WITHIN 30 DAYS OF SERVICE OF THE AMENDED COMPLAINT UPON THE ATTORNEY FOR DEFTS , ETC. ( SIGNED BY JUDGE JAY C. WALDMAN ) 6/27/95 ENTERED AND COPIES MAILED. (kw) (Entered: 06/27/1995) | |||
| 1995-07-17 | 5 | 0 | MOTION BY DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY TO DISMISS PLFF'S COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (kw) (Entered: 07/18/1995) | |||
| 1995-07-31 | 6 | 0 | STIPULATION AND ORDER THAT THE TIME FOR PLFF TO RESPOND TO DEFTS' MOTION TO DISMISS PLFF'S COMPLAINT MAY BE EXTENDED UNTIL 8/17/95 , ETC. ( SIGNED BY JUDGE JAY C. WALDMAN ) 7/31/95 ENTERED AND COPIES MAILED. (kw) (Entered: 07/31/1995) | |||
| 1995-08-17 | 7 | 0 | Memorandum by PLAINTIFF BRIAN AUSTIN in response to defts' [5-1] MOTION TO DISMISS PLFF'S COMPLAINT, Cert. of Service. (kw) (Entered: 08/18/1995) | |||
| 1995-08-23 | 8 | 0 | UNCONTESTED MOTION BY DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY FOR TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS , CERTIFICATE OF SERVICE. (kw) (Entered: 08/24/1995) | |||
| 1995-09-07 | 9 | 0 | ORDER THAT DEFENDANTS' UNCONTESTED MOTION TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS IS GRANTED AND DEFENDANTS HAVE UNTIL 9/15/95 TO FILE A REPLY IN SUPPORT OF THEIR MOTION TO DISMISS . ( SIGNED BY JUDGE JAY C. WALDMAN ) 9/8/95 ENTERED AND COPIES MAILED. (fe) (Entered: 09/08/1995) | |||
| 1995-09-15 | 10 | 0 | Reply Memorandum by DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY in support of defts' [5-1] MOTION TO DISMISS PLFF'S COMPLAINT, Cert. of Service. (kw) (Entered: 09/18/1995) | |||
| 1995-10-04 | 11 | 0 | ORDER THAT DEFTS' MOTION TO DISMISS IS DENIED. ( SIGNED BY JUDGE JAY C. WALDMAN ) 10/5/95 ENTERED AND COPIES MAILED. (kw) (Entered: 10/05/1995) | |||
| 1995-10-19 | 12 | 0 | SCHEDULING ORDER SETTING TRIAL POOL DEADLINE FOR 3/1/96; DISCOVERY SHALL BE COMPLETED BY 1/20/96, ETC.; IN THE EVENT A DEPOSITION IS TO BE OFFERED, THE OFFERING PARTY SHALL FILE WITH THE COURT, PRIOR TO THE COMMENCEMENT OF TRIAL, A COPY OF THE DEPOSITION TRANSCRIPT, ETC. ( SIGNED BY JUDGE JAY C. WALDMAN ) 10/20/95 ENTERED AND COPIES MAILED. (kw) (Entered: 10/20/1995) | |||
| 1995-11-01 | 13 | 0 | DEFTS' Answer to amended complaint, cert. of service. (jef) (Entered: 11/01/1995) | |||
| 1996-01-18 | 14 | 0 | JOINT STIPULATION AND ORDER THAT SCHEDULING ORDER BE MODIFIED TO CHANGE THE DISCOVERY DEADLINE FROM 1/20/96 TO 2/15/96; SCHEDULING ORDER BE MODIFIED TO CHANGE THE DATE FOR PLACEMENT OF THIS CASE IN THE TRIAL POOL FROM 3/1/96 TO 3/18/96 ; ALL OTHER PROVISIONS OF THE SCHEDULING ORDER ARE TO REMAIN IN EFFECT. ( SIGNED BY JUDGE JAY C. WALDMAN ) 1/19/96 ENTERED AND COPIES MAILED. (jef) (Entered: 01/19/1996) | |||
| 1996-02-07 | 15 | 0 | MOTION BY PLAINTIFF BRIAN AUSTIN TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT PRODUCTION , CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (kw) (Entered: 02/07/1996) | |||
| 1996-02-21 | 16 | 0 | DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY'S Opposition to Plff's MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT PRODUCTION, certificate of service. (aa) (Entered: 02/22/1996) | |||
| 1996-02-27 | 17 | 0 | ORDER THAT PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND DOCUMENT PRODUCTION IS DENIED WITHOUT PREJUDICE TO RENEW SHOULD DEFENDANTS' FOLLOW-UP FAIL TO SATISFY THE OUTSTANDING DISCOVERY REQUESTS. (SIGNED BY JUDGE JAY C. WALDMAN) 2/28/96 ENTERED AND COPIES MAILED. (cl) Modified on 02/28/1996 (Entered: 02/28/1996) | |||
| 1996-02-27 | 18 | 0 | STIPULATION AND ORDER MODIFYING SCHEDULING ORDER THAT ALL WRITTEN DISCOVERY IS TO SERVED AND COMPLETED, AND ALL DEPOSITIONS (EXCEPT FOR EXPERTS AS NEEDED) NOTICED, BY 3/1/96, ETC. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED AND SERVED BY 3/15/96, ETC. PLAINTIFF'S PRETRIAL MEMORANDUM SHALL BE FILED AND SERVED BY 4/3/96. DEFENDANTS' PRETRIAL MEMORANDUM SHALL BE FILED AND SERVED BY 4/10/96, ETC. THE CASE WILL BE PLACED IN THE TRIAL POOL ON 4/22/96 , ALL OTHER PROVISIONS OF THE SCHEDULING ORDER ARE TO REMAIN IN EFFECT. (SIGNED BY JUDGE JAY C. WALDMAN) 2/28/96 ENTERED AND COPIES MAILED. (cl) (Entered: 02/28/1996) | |||
| 1996-03-15 | 19 | 0 | MOTION BY PLAINTIFF BRIAN AUSTIN FOR PARTIAL SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (jw) (Entered: 03/18/1996) | |||
| 1996-03-18 | 20 | 0 | STIPULATION AND ORDER THAT ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED AND SERVED BY 3/22/96 , ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 3/19/96 ENTERED AND COPIES MAILED. (cl) (Entered: 03/19/1996) | |||
| 1996-03-22 | 21 | 0 | MOTION BY DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY FOR SUMMARY JUDGMENT , MEMORANDUM, CERTIFICATE OF SERVICE. (cl) (Entered: 03/25/1996) | |||
| 1996-04-01 | 22 | 0 | Memorandum by DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA. in opposition to Plff's MOTION FOR PARTIAL SUMMARY JUDGMENT, Certificate of Service. (mc) (Entered: 04/02/1996) | |||
| 1996-04-03 | 23 | 0 | Plaintiff's Pretrial Memorandum, Certificate of Service. (cl) Modified on 04/04/1996 (Entered: 04/04/1996) | |||
| 1996-04-04 | 24 | 0 | STIPULATION AND ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' [21-1] MOTION FOR SUMMARY JUDGMENT SHALL BE EXTENDED FOR ONE WEEK UNTILE APRIL 15, 1996 ; AND THAT THE PARTIES STIPULATE TO EXTEND THE DATE OF PLACEMENT OF THIS CASE IN THE TRIAL POOL FROM APRIL 22, 1996 TO MAY 13, 1996, ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 4/5/96 ENTERED AND COPIES MAILED. (sj) (Entered: 04/05/1996) | |||
| 1996-04-10 | 25 | 0 | Defendant's Pretrial Memorandum, Certificate of Service. (cl) (Entered: 04/11/1996) | |||
| 1996-04-15 | 26 | 0 | Memorandum by PLAINTIFF BRIAN AUSTIN in opposition to Defendants' MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (cl) (Entered: 04/16/1996) | |||
| 1996-04-15 | 27 | 0 | Exhibits by PLAINTIFF BRIAN AUSTIN, in oppostion to Defendants' motion for summary judgment. (cl) (Entered: 04/16/1996) | |||
| 1996-04-19 | 28 | 0 | Supplement to Plaintiff's Exhibits in opposition to Defendants' Motion for Summary Judgment. (cl) (Entered: 04/19/1996) | |||
| 1996-04-30 | 29 | 0 | Plaintiff's Amended Pretrial Memorandum filed. (cl) (Entered: 05/01/1996) | |||
| 1996-05-06 | 30 | 0 | Proposed Points for Charge by PLAINTIFF BRIAN AUSTIN (cl) (Entered: 05/07/1996) | |||
| 1996-05-06 | 31 | 0 | Jury instructions by PLAINTIFF BRIAN AUSTIN (cl) (Entered: 05/07/1996) | |||
| 1996-05-06 | 32 | 0 | Proposed Voir dire questions by PLAINTIFF BRIAN AUSTIN (cl) (Entered: 05/07/1996) | |||
| 1996-05-06 | 33 | 0 | Certificate of service by PLAINTIFF BRIAN AUSTIN re service of Plaintiff's proposed points for charge, jury interrogatories and voir dire quests to counsel. (cl) (Entered: 05/07/1996) | |||
| 1996-06-04 | 34 | 0 | MEMORANDUM AND ORDER THAT Plaintiff's MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED. (SIGNED BY JUDGE JAY C. WALDMAN) 6/4/96 ENTERED AND COPIES MAILED. (cl) (Entered: 06/04/1996) | |||
| 1996-06-14 | 35 | 0 | MOTION by PLAINTIFF BRIAN AUSTIN TO ALTER OR AMEND THE JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE, EXHIBITS. (cl) (Entered: 06/17/1996) | |||
| 1996-07-08 | 36 | 0 | JOINT STIPULATION AND ORDER THAT DEFENDANT'S TIME TO RESPOND TO PLAINTIFF'S MOTION TO ALTER OR AMEND THE JUDGMENT SHALL BE EXTENDED UNTIL 7/8/96 , ETC. (SIGNED BY JUDGE JAY C. WALDMAN) 7/9/96 ENTERED AND COPIES MAILED. (cl) (Entered: 07/09/1996) | |||
| 1996-07-08 | 37 | 0 | Memorandum by DEFENDANT RICHARD NEAL, DEFENDANT THOMAS J. NESTEL, DEFENDANT THOMAS SEAMON, DEFENDANT RICHARD ZAPPILE, DEFENDANT THE CITY OF PHILA., DEFENDANT RAYMOND ROONEY in opposition to MOTION TO ALTER or AMEND the Judgment, Certificate of Service. (cl) (Entered: 07/09/1996) | |||
| 1996-08-08 | 38 | 0 | MEMORANDUM AND ORDER THAT PLFF'S MOTION TO ALTER OR AMEND JUDGMENT IS DENIED. ( SIGNED BY JUDGE JAY C. WALDMAN ) 8/8/96 ENTERED AND COPIES MAILED. (kw) (Entered: 08/08/1996) | |||
| 1996-08-28 | 39 | 0 | Notice of appeal by PLAINTIFF BRIAN AUSTIN. Fee Status: paid. Appeal record due on 9/27/96 Copies to: JUDGE JAY C. WALDMAN , Clerk USCA, Appeals Clerk, and WILLIAM R. THOMPSON, DORIS J. DABROWSKI (cl) (Entered: 08/28/1996) | |||
| 1996-08-28 | 40 | 0 | Copy of Clerk's notice to USCA re: Brian Austin appeal. (cl) (Entered: 08/28/1996) | |||
| 1996-09-09 | 41 | 0 | Copy of TPO form ref: Plaintiff appeal. (cl) (Entered: 09/09/1996) | |||
| 1997-06-18 | 42 | 0 | Certified copy of order from USCA THAT THE JUDGMENT OF THE DISTRICT COURT ENTERED 8/8/96 BE AND IS HEREBY AFFIRMED. Re: 5/27/97 TERMINATING appeal (cl) (Entered: 06/19/1997) | |||
| 1997-07-23 | 43 | 0 | Certified copy of Judgment order THAT the Judgment of the District Court entered 8/8/96 be and is hereby affirmed. (cl) (Entered: 07/23/1997) |