Case details

Court: pamd
Docket #: 1:08-cv-00627
Case Name: Whitaker et al v. Springettsbury Township et al
PACER case #: 71594
Date filed: 2008-04-08
Date terminated: 2010-06-07
Date of last filing: 2010-03-09
Assigned to: Honorable Christopher C. Conner
Referred to: Magistrate Judge Martin C. Carlson
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
Ronald T. Whitaker, Sr.
Plaintiff
Co-Administrator of the Estate of Ronald Taylor Whitaker, Jr. and Individually
Eric L. Keepers
Kane & Silverman, P.C. 2401 Pennsylvania Avenue Suite 1C-44 Philadelphia , PA 19130 215-232-1000 Fax: 215-232-0181 Email: Eric@haggertylaw.com
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard G. Silverman
Kane & Silverman, P.C. 2401 Pennsylvania Ave. Suite 1C-44 Philadelphia , PA 19130 215-232-1000 Fax: 12152320181 Email: hgs@palegaladvice.com
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew B. Weisberg
Prochniak Weisberg PC 7 S. Morton Avenue Morton , PA 19070 610-690-0801 Fax: 610-690-0880 Email: mweisberg@ppwlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan M. Cohen
Kane and Silverman, P.C. 2401 Pennsylvania Avenue Suite 1c-44 Philadelphia , PA 19130 215-232-1000 Email: rmc@palegaladvice.com
TERMINATED: 06/26/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Dalea Lynn
Plaintiff
Co-Administrator of the Estate of Ronald Taylor Whitaker, Jr.
Eric L. Keepers
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard G. Silverman
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew B. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan M. Cohen
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Taylor Whitaker
Plaintiff
Individually
Eric L. Keepers
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard G. Silverman
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew B. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan M. Cohen
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brandi Whitaker
Plaintiff
Individually
Eric L. Keepers
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard G. Silverman
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew B. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan M. Cohen
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher Hammerstone
Plaintiff
Individually
Eric L. Keepers
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard G. Silverman
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew B. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ryan M. Cohen
(See above for address)
TERMINATED: 06/26/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Amy Gulli
Movant
Amy Gulli
York Daily Record 1891 Loucks Road York, PA 17408 717-2041 Email: agulli@ydr.com PRO SE

Springettsbury Township
Defendant
Brian P. Gabriel
Campbell, Durrant Beatty Palombo & Miller, P.C. 555 Grant Street Suite 310 Pittsburgh , PA 15219 412-395-1280 Email: bgabriel@cdblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. MacMain
Lamb McErlane 24 East Market Street, Box 565 West Chester , PA 19381 610-430-8000 Fax: 610-692-0877 Email: dmacmain@chescolaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janelle E. Fulton
Lamb McErlane PC 24 East Market Street Box 565 West Chester , PA 19381-0565 (610) 701-3262 Fax: (610) 692-0877 Email: jfulton@chescolaw.com
TERMINATED: 09/12/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Neva L. Stanger
Campbell, Durrant & Beatty, P.C. 555 Grant St. Suite 310 Pittsburgh , PA 15219 412-395-1280 Email: nstanger@cdblaw.com
TERMINATED: 10/06/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Springettsbury Township Police Department
Defendant
Brian P. Gabriel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. MacMain
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janelle E. Fulton
(See above for address)
TERMINATED: 09/12/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Neva L. Stanger
(See above for address)
TERMINATED: 10/06/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chief of Police David Eshbach
Defendant
Brian P. Gabriel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. MacMain
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janelle E. Fulton
(See above for address)
TERMINATED: 09/12/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Neva L. Stanger
(See above for address)
TERMINATED: 10/06/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Police Officer Gary Utter
Defendant
David J. MacMain
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janelle E. Fulton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-04-08 1 0 Complaint COMPLAINT against all defendants ( Filing fee $350, Receipt Number 333005724), filed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Civil Cover Sheet)(dfm) (Entered: 04/09/2008) 2009-12-04 09:03:11 37c4f9aa734c80ff819bf942b854f28af1197b3f
1 1 Civil Cover Sheet
2008-04-09 2 0 Order Re: Case Assignment and Procedures ORDER - Letter to Counsel from Court Re: Case Assignment and Procedures. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/09/08. (ki) (Entered: 04/09/2008)
2008-04-17 3 0 Petition for Special Admission - Pro Hac Vice PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ryan M. Cohen on behalf of Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone Attorney Ryan M. Cohen is seeking special admission. Filing Fee: 25.00 Receipt Number: 333005828. (bg, ) (Entered: 04/17/2008)
2008-04-17 4 0 Petition for Special Admission - Pro Hac Vice PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Howard G. Silverman on behalf of Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone Attorney Howard G. Silverman is seeking special admission. Filing Fee: 25.00 Receipt Number: 333005829. (bg, ) (Entered: 04/17/2008)
2008-04-21 5 0 Special Admissions Form Approved SPECIAL ADMISSIONS FORM APPROVED as to Ryan M. Cohen, Esquire. (Original: SCR Registry) Signed by Honorable Christopher C. Conner on 04/21/08. (ki) (Entered: 04/21/2008)
2008-04-21 6 0 Special Admissions Form Approved SPECIAL ADMISSIONS FORM APPROVED as to Howard G. Silverman, Esquire. (Original: SCR Registry) Signed by Honorable Christopher C. Conner on 04/21/08. (ki) (Entered: 04/21/2008)
2008-04-22 7 0 Attorney Appearance - Entry of Appearance NOTICE of Appearance by David J. MacMain on behalf of Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter (MacMain, David) (Entered: 04/22/2008)
2008-04-22 8 0 Scheduling Order SCHEDULING ORDER: Initial Case Management Conference set for 5/22/2008 @ 10:45 AM; placement of the telephone conference call is the responsibility of the plaintiffs. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/22/08. (ki) (Entered: 04/22/2008)
2008-04-23 9 0 Attorney Appearance - Entry of Appearance NOTICE of Appearance by Janelle E. Fulton on behalf of Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter (Fulton, Janelle) (Entered: 04/23/2008)
2008-05-07 10 0 Scheduling Order SCHEDULING ORDER: Initial Case Management Conference RESCHEDULED from 5/22/08 to 5/27/2008 @ 02:15 PM. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/07/08. (ki) (Entered: 05/07/2008)
2008-05-12 11 0 Summons Returned Executed SUMMONS Returned Executed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. David Eshbach served on 4/21/2008, answer due 5/12/2008. (Silverman, Howard) (Entered: 05/12/2008)
2008-05-12 12 0 Summons Returned Executed SUMMONS Returned Executed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. Gary Utter served on 4/21/2008, answer due 5/12/2008. (Silverman, Howard) (Entered: 05/12/2008)
2008-05-12 13 0 Summons Returned Executed SUMMONS Returned Executed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. Springettsbury Township Police Department served on 4/21/2008, answer due 5/12/2008. (Silverman, Howard) (Entered: 05/12/2008)
2008-05-12 14 0 Summons Returned Executed SUMMONS Returned Executed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. Springettsbury Township served on 4/21/2008, answer due 5/12/2008. (Silverman, Howard) (Entered: 05/12/2008)
2008-05-16 15 0 Case Management Plan CASE MANAGEMENT PLAN JOINT by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone, Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter. (Silverman, Howard) (Entered: 05/16/2008)
2008-05-28 17 0 Case Management Order - Standard Track CASE MANAGEMENT ORDER (STANDARD TRACK) - Sets forth case management instructions, guidelines & pretrial/trial schedule, inc. - Discovery due by 12/1/2008; Jury Selection & Jury Trial set for 5/4/2009 @ 09:30 AM in Harrisburg - Courtroom #2 before Honorable Christopher C. Conner; Dispositive Motions due by 12/15/2008; Pretrial Memos due by noon on 4/9/2009; Pretrial Conference set for 4/16/2009 @ 10:00 AM in Harrisburg - Courtroom #2. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/28/08. (ki) (Entered: 05/28/2008)
2008-06-20 18 0 Answer to Complaint ANSWER to 1 Complaint with Jury Demand by Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter.(Fulton, Janelle) (Entered: 06/20/2008)
2008-09-12 19 0 Attorney Appearance - Entry of Appearance NOTICE of Appearance by Neva L. Stanger on behalf of Springettsbury Township, Springettsbury Township Police Department, David Eshbach (Stanger, Neva) (Entered: 09/12/2008)
2008-09-12 20 0 Attorney Appearance - Entry of Appearance NOTICE of Appearance by Brian P. Gabriel on behalf of Springettsbury Township, Springettsbury Township Police Department, David Eshbach (Gabriel, Brian) (Entered: 09/12/2008)
2008-09-12 21 0 Petition for Special Admission - Pro Hac Vice PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Brian P. Gabriel on behalf of Springettsbury Township, Springettsbury Township Police Department, David Eshbach Attorney Brian Gabriel is seeking special admission. Filing fee $ 25, receipt number 03140000000001382303.. (Gabriel, Brian) (Entered: 09/12/2008)
2008-09-12 22 0 Attorney Withdrawal of Appearance WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney David J. MacMain terminated on behalf of Springettsbury Township, Springettsbury Township Police Department, and Chief David Eshbach. (MacMain, David) (Entered: 09/12/2008)
2008-09-12 23 0 Attorney Withdrawal of Appearance WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Janelle E. Fulton terminated on behalf of Springettsbury Township, Springettsbury Township Police Department, and Chief David Eshbach. (Fulton, Janelle) (Entered: 09/12/2008)
2008-09-15 24 0 Special Admissions Form Approved SPECIAL ADMISSIONS FORM APPROVED as to Brian P. Gabriel, Esquire. (cc: Atty Gabriel; ORIG: SCR Registry)Signed by Honorable Christopher C. Conner on 09/15/08. (ki) (Entered: 09/15/2008)
2008-11-07 25 0 Motion for Extension of Time Joint MOTION for Extension of Time to Modification of Case Management Order 5/28/08 by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone, Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter.(Silverman, Howard) (Entered: 11/07/2008)
2008-11-12 26 0 Order on Motion to Extend Time ORDER granting joint motion for mod of cs mgmt sched 25 & setting forth revised pretrial/trial sched inc. - Discovery due by 1/15/2009; Dispositive Motions due by 1/30/2009; Pretrial Memos due by noon on 6/10/2009; Jury Selection & Jury Trial set for 7/6/2009 @ 09:30 AM in Harrisburg - Courtroom #2 before Honorable Christopher C. Conner; Pretrial Conference set for 6/17/2009 @ 02:30 PM in Harrisburg - Courtroom #2. (See order for complete details.) Signed by Honorable Christopher C. Conner on 11/12/08. (ki) (Entered: 11/12/2008)
2008-11-14 27 0 Memorandum & Order MEMORANDUM AND ORDER: 1. Plaintiffs oral motion to compel production of the Laird memorandum is DENIED.2. Plaintiffs motion to compel production of post-incident psychologicalevaluation records of Gary Utter is DENIED.3. Plaintiffs motion to compel production of pre-incident psychologicalevaluation records of Gary Utter is DENIED as moot. Defendants shall produce Utters personnel file in camera to allow the court to ensure that no such pre-incident records exist.4. Plaintiffs motion to compel production of documents concerning disciplinary action taken by the Springettsbury Police Department against Gary Utter is GRANTED except with respect to disciplinary actions arising from the July 7, 2007 incident at issue in the abovecaptioned matter. Defendants shall produce such records forthwith. This directive does not compel the production of any pre-incident reports, similar to the Laird report discussed in the courtsmemorandum. This paragraph is intended to compel only the production of actual disciplinary action taken against officer Utter. Signed by Honorable Christopher C. Conner on 11/14/08. (ma, ) (Entered: 11/14/2008)
2008-12-04 29 0 Motion for Reconsideration MOTION for Reconsideration Of Order of November 14,2008 by Ronald T. Whitaker, Sr, Dalea Lynn, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Exhibit(s) 1)(Silverman, Howard) (Entered: 12/04/2008)
2008-12-04 30 0 Order ORDER - It is hereby ORDERED that pltfs' request that defts produce "post-incident counseling records" is DENIED as MOOT. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/04/08. (ki) (Entered: 12/04/2008)
2008-12-04 31 0 Brief in Support BRIEF IN SUPPORT re 29 MOTION for Reconsideration Of Order of November 14,2008 filed by Ronald T. Whitaker, Sr, Dalea Lynn, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Exhibit(s) 1)(Silverman, Howard) (Entered: 12/04/2008)
2008-12-05 32 0 Motion for Extension of Time Second MOTION for Extension of Time to 30 day extension of discovery deadline and all subsequent deadlines proportionately by Ronald T. Whitaker, Sr, Dalea Lynn, Brandi Whitaker, Christopher Hammerstone.(Silverman, Howard) (Entered: 12/05/2008)
2008-12-08 33 0 Order on Motion to Extend Time ORDER granting pltfs' unopposed motion for ext of case mgmt ddls 32 & setting forth revised pretrial/trial schedule, inc. - Discovery due by 2/16/2009; Dispositive Motions due by 3/3/2009; Pretrial Memos due by noon on 7/8/2009; Jury Selection & Jury Trial set for 8/3/2009 @ 09:30 AM in Harrisburg - Courtroom #2 before Honorable Christopher C. Conner; Pretrial Conference set for 7/15/2009 @ 10:00 AM in Harrisburg - Courtroom #2. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/08/08. (ki) (Entered: 12/08/2008)
2008-12-11 34 0 Motion to Strike Joint MOTION to Strike 29 MOTION for Reconsideration Of Order of November 14,2008, 31 Brief in Support and Response to Plaintiff's Motion for Reconsideration and/or Clarification by Springettsbury Township, Springettsbury Township Police Department, David Eshbach. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) A)(Gabriel, Brian) (Entered: 12/11/2008)
2009-01-28 35 0 Order on Motion for Reconsideration ORDER contstruing pltf's motion for reconsideration &/or clarification 29 as motion to compel production of docs & DENYING motion as so construed. (See order for complete details.) Signed by Honorable Christopher C. Conner on 01/28/09. (ki) (Entered: 01/28/2009)
2009-01-29 36 0 Motion for Extension of Time MOTION for Extension of Time to 30 day extension of all deadlines by Ronald T. Whitaker, Sr, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Proposed Order)(Silverman, Howard) (Entered: 01/29/2009)
2009-01-29 37 0 Certificate of Counsel CERTIFICATE of Counsel Certificate of Non- Concurrence with Plaintiff's Motion for Modification of Case Management Order of December 8, 2008 by Howard G. Silverman on behalf of Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone (Silverman, Howard) (Entered: 01/29/2009)
2009-02-02 38 0 Order on Motion to Extend Time ORDER granting pltfs' non-concurred in motion for mod of case mgmt schedule 36 & setting forth revised pretrial/trial schedule, inc. - Discovery due by 3/16/2009; Dispositive Motions due by 4/1/2009; Pretrial Memos due by noon on 8/13/2009; Jury Selection & Jury Trial set for 9/8/2009 @ 09:30 AM in Harrisburg - Courtroom #2 before Honorable Christopher C. Conner; Pretrial Conference set for 8/20/2009 @ 11:00 AM in Harrisburg - Courtroom #2. (See order for complete details.) Signed by Honorable Christopher C. Conner on 02/02/09. (ki) (Entered: 02/02/2009)
2009-03-12 40 0 Scheduling Order SCHEDULING ORDER setting forth revised pretrial/trial schedule, inc. - Pretrial Conference set for 10/21/2009 @ 01:30 PM in Harrisburg - Courtroom #2; Jury Selection & Jury Trial set for 11/2/2009 @ 09:30 AM in Harrisburg - Courtroom #2 before Honorable Christopher C. Conner; Discovery due by 5/18/2009; Dispositive Motions due by 6/3/2009; Pretrial Memos due by noon on 10/14/2009.Signed by Honorable Christopher C. Conner on 03/12/09. (ki ) (Entered: 03/12/2009)
2009-06-02 41 0 Motion for Extension of Time Joint MOTION for Extension of Time to File Dispositive Motions and Serve Expert Reports for a Period of 30 Days by Gary Utter. (Attachments: # 1 Proposed Order)(MacMain, David) (Entered: 06/02/2009)
2009-06-10 42 0 Order on Motion to Extend Time ORDER granting joint motion to ext ddls 41 & setting forth revised pretrial/trial schedule, inc. - Dispositive Motions due by 7/3/2009; Pretrial Memos due by noon on 11/11/2009; Jury Selection & Jury Trial set for 12/7/2009 @ 09:30 AM in Harrisburg - Courtroom 2; Pretrial Conference set for 11/18/2009 @ 11:00 AM in Harrisburg - Courtroom 2. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/10/09. (ki) (Entered: 06/10/2009)
2009-06-23 43 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit(s) Exhibit 1-3)(Silverman, Howard) (Entered: 06/23/2009)
2009-06-23 44 0 Brief in Support BRIEF IN SUPPORT re 43 MOTION to Withdraw as Attorney filed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Exhibit(s) Exhibit 1-3)(Silverman, Howard) (Entered: 06/23/2009)
2009-06-26 45 0 Scheduling Order SCHEDULING ORDER extending case mgmt schedule by 60 days & setting forth revised pretrial/trial schedule, inc. - Pretrial Conference set for 1/20/2010 @ 11:00 AM in Harrisburg - Courtroom 2; Jury Selection & Jury Trial set for 2/1/2010 09:30 AM in Harrisburg - Courtroom 2 before Honorable Christopher C. Conner; Dispositive Motions due by 9/3/2009; Pretrial Memos due by noon on 1/13/2010. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/26/09. (ki) (Entered: 06/26/2009)
2009-06-26 46 0 Order on Motion to Withdraw as Attorney ORDER re: motion for leave for Atty Silverman & Atty Keepers to w/draw app as pltfs' cnsl 43 - It is hereby ORDERED that: 1. Motion to w/draw 43 GRANTED & rep of Attys Silverman & Keepers terminated.; 2. Pltfs shall forthwith retain substitute cnsl - by 7/26/09 pltfs shall file response indicating whether cnsl has been retained.; 2. Attys Silverman & Keepers instructed to provide pltfs w/ copy of this order via cert mail.; 3. 6/10/09 order of ct 42 vacated w/ Clrk of Ct instructed to ext disc period by addt'l 60 days w/ revised pretrial/trial sched to issue by future order of ct. (See order for complete details.) Signed by Honorable Christopher C. Conner on 06/26/09. (ki) (Entered: 06/26/2009)
2009-08-10 47 0 Order ORDER re: ct's 6/26/09 order 46 - It is hereby ORDERED that: 1. Time for pltfs to retain substitute cnsl ext'd until 8/24/09...; 2. Clrk of Ct directed to serve copy of order on pltfs via cert mail... (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/10/09. (ki) (Entered: 08/10/2009) 2010-04-08 15:42:09 8fe1438be413a74ec732767bb9aa9857cc143705
2009-08-25 48 0 Attorney Appearance - Entry of Appearance NOTICE of Appearance by Matthew B. Weisberg on behalf of all plaintiffs. (Weisberg, Matthew) (Entered: 08/25/2009)
2009-09-03 49 0 Motion for Summary Judgment MOTION for Summary Judgment by Gary Utter. (Attachments: # 1 Proposed Order)(MacMain, David) (Entered: 09/03/2009) 2009-12-16 14:02:13 8badae321917a5c4372361e89e5c915cf9f98c7d
49 1 Proposed Order 2009-12-16 14:02:45 e11a04a75c29dba7843b42aa2b8b3e4c4853cacf
2009-09-03 50 0 Statement of Facts STATEMENT OF FACTS re 49 MOTION for Summary Judgment (JOINT) filed by Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter. (Attachments: # 1 Appendix, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C and D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, H and I, # 8 Exhibit(s) J through M)(MacMain, David) (Entered: 09/03/2009) 2009-12-03 16:29:08 b34b8a1cebb01437980e2b0f3f25c84aa018e97c
50 1 Appendix 2009-12-16 14:03:27 174d01c2fd967cce68290c0d97710ccd89b97227
50 2 Exhibit(s) A 2009-12-03 16:31:08 82754a4698cce73ea8896862bcb56bd63d693c0b
50 3 Exhibit(s) B 2009-12-04 16:45:04 a4c058491599bf2a7a98128dfe92e2c20e34ed65
50 4 Exhibit(s) C and D 2009-12-03 19:02:07 9b717fb3c499581a789e1cc9f37ec748c1061951
50 5 Exhibit(s) E 2009-12-04 16:46:30 fc474fe1d6d51127b7891057670b7de82a358785
50 6 Exhibit(s) F 2009-12-04 16:49:04 5b08717fcffa256dec688c76512aed73b5c75c5d
50 7 Exhibit(s) G, H and I 2009-12-04 17:25:40 fc0a579e82933261dce26dda9c33059bb2cdb3c7
50 8 Exhibit(s) J through M 2009-12-04 17:27:04 e738aa187cfd1bef2a9b9ca3f24f07e1ea67123b
2009-09-03 51 0 Brief in Support BRIEF IN SUPPORT re 49 MOTION for Summary Judgment filed by Gary Utter.(MacMain, David) (Entered: 09/03/2009) 2009-12-16 14:05:06 ff153dffb8059842a775194b0e1ccc5860820a3b
2009-09-03 52 0 Motion for Summary Judgment MOTION for Summary Judgment by Springettsbury Township, Springettsbury Township Police Department, David Eshbach. (Attachments: # 1 Proposed Order)(Gabriel, Brian) (Entered: 09/03/2009)
2009-09-03 53 0 Brief in Support BRIEF IN SUPPORT re 52 MOTION for Summary Judgment filed by Springettsbury Township, Springettsbury Township Police Department, David Eshbach.(Gabriel, Brian) (Entered: 09/03/2009)
2009-09-03 54 0 Motion for Order MOTION for Order For Leave to Incorporate Defendant Utter's Brief in Support of His Motion for Summary Judgment by Springettsbury Township, Springettsbury Township Police Department, David Eshbach. (Attachments: # 1 Proposed Order)(Gabriel, Brian) (Entered: 09/03/2009)
54 1 Proposed Order
2009-09-08 55 0 Document Sealed DOCUMENT SEALED (dc) (Entered: 09/09/2009)
2009-09-17 56 0 Stipulation STIPULATION re 52 MOTION for Summary Judgment by Dalea Lynn, Christopher Hammerstone. (Weisberg, Matthew) (Entered: 09/17/2009)
2009-09-17 57 0 Stipulation and Order STIPULATION AND ORDER - It is hereby STIPULATED and AGREED, by and between all pertinent parties, by and through their undersigned counsel, that Plaintiffs' response deadline to Defendants' Motion for Summary Judgment is enlarged to October 5, 2009.Signed by Honorable Christopher C. Conner on 9/17/09. (aaa ) (Entered: 09/17/2009)
2009-10-01 58 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson for full pretrial management. (See order for complete details.) Signed by Honorable Christopher C. Conner on 10/01/09. (ki) (Entered: 10/01/2009)
2009-10-05 59 0 Letter Letter from Magistrate Judge Carlson to Counsel re: Case assignment and procedures. (kjn) (Entered: 10/05/2009)
2009-10-05 60 0 Motion for Extension of Time MOTION for Extension of Time to to enlarge, stay and exceed by Ronald T. Whitaker, Sr, Taylor Whitaker, Brandi Whitaker.(Weisberg, Matthew) (Entered: 10/05/2009)
2009-10-06 61 0 Attorney Withdrawal of Appearance WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Neva L. Stanger terminated on behalf of Springettsbury Township, Springettsbury Township Police Dept., Chief of Police David Eshbach. (Stanger, Neva) (Entered: 10/06/2009)
2009-10-07 62 0 Motion for Extension of Time to File Brief MOTION for Extension of Time to File Brief to 60 MOTION for Extension of Time to to enlarge, stay and exceed filed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Appendix, # 2 Proposed Order, # 3 Certificate of Concurrence)(Weisberg, Matthew) (Entered: 10/07/2009)
2009-10-08 63 0 Order ORDER - IT IS ORDERED as follows: 1. The pltfs request for an extension of time is GRANTED in part, and the deadline for the pltfs response is extended fifteen days, the response period typically authorized by the Rules of this Court, to October 22, 2009. 2. The pltfs Motion for Leave to file a brief in excess of 15 pages is GRANTED, and the pltf is given leave to file a response of no greater than 50 pages. 3. The Motion for a Stay is DENIED without prejudice to the parties jointly seeking an extension of time to complete discovery should the parties deem such a request to be appropriate in the future. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on October 8, 2009. (kjn ) (Entered: 10/08/2009)
2009-10-21 64 0 Motion for Extension of Time Second MOTION for Extension of Time to Respond t Defendants' Motions for Summary Judgement by Ronald T. Whitaker, Sr, Taylor Whitaker, Brandi Whitaker.(Weisberg, Matthew) (Entered: 10/21/2009)
2009-10-21 65 0 Scheduling Order SCHEDULING ORDER: A Telephonic Case Management Conference is set for 11/6/2009 at 3:00 PM in before Magistrate Judge Martin C. Carlson. Pltf shall initiate the call. Signed by Magistrate Judge Martin C. Carlson on October 21, 2009. (kjn) (Entered: 10/21/2009)
2009-10-22 66 0 Order on Motion to Extend Time ORDER granting 64 Motion to Extend Time. The plaintiffs brief in opposition to the summary judgment motions will be due on or before November 12, 2009.Signed by Magistrate Judge Martin C. Carlson on October 22, 2009 (kjn ) (Entered: 10/22/2009)
2009-11-12 68 0 Brief in Opposition BRIEF IN OPPOSITION re 49 MOTION for Summary Judgment, 52 MOTION for Summary Judgment Omnibus Response in Opposition filed by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Attachments: # 1 Appendix Response to Joint Statement)(Weisberg, Matthew) (Entered: 11/12/2009)
68 1 Appendix Response to Joint Statement
2009-11-16 69 0 Order ORDER - IT IS ORDERED as follows: The Defendants shall make this videotape available to the Court, in a format in which it can be readily viewed by November 30, 2009. The Defendants shall also ensure that a copy of the video provided to the Court is also made available to the Plaintiff, who may submit any additional information which the Court should consider, or lodge any objection to the viewing of this video, on or before December 7, 2009.Signed by Magistrate Judge Martin C. Carlson on November 16, 2009. (kjn) (Entered: 11/16/2009)
2009-11-25 70 0 Reply Brief REPLY BRIEF re 49 MOTION for Summary Judgment, 52 MOTION for Summary Judgment filed by Gary Utter. (Attachments: # 1 Exhibit(s) 1 to 11)(MacMain, David) (Entered: 11/25/2009) 2009-12-05 08:59:07 fcbbab6461809e7514173609b264a4630a8fc7f2
70 1 Exhibit(s) 1 to 11 2009-12-04 11:18:07 ea985d7c6acc6a704be03d1faa0f7d8b7b98b384
2009-11-30 71 0 Exhibit EXHIBIT A - VIDEO by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone re 68 Brief in Opposition. Video CD forwarded to Chambers for review.(dc) (Entered: 11/30/2009) 2009-12-03 14:59:16 b2b38cb0b096f906d639b1df2b6886e7e32ba855
2009-11-30 72 0 Exhibit EXHIBITS 1 & 7 - VIDEO by Gary Utter re 70 Reply Brief. Video CD forwarded to chambers for review. (dc) (Entered: 11/30/2009) 2009-12-03 15:02:01 6ee0a049547210fc462d6acbfc46bd8bbad670ac
2009-12-01 73 0 Order on Motion for Order ORDER granting 54 Defendants Springettsbury Township, Springettsbury Township Police Department and Chief of Police David Eshbachs Motion for Leave to Incorporate Defendant Utters Brief in Support of Motion for Summary Judgment. Signed by Magistrate Judge Martin C. Carlson on December 1, 2009. (kjn ) (Entered: 12/01/2009)
2009-11-30 74 0 Exhibit EXHIBIT - VIDEO filed by Springettsbury Township, Springettsbury Township Police Department, David Eshbach, Gary Utter re 70 Reply Brief. Video CD forwarded to chambers for review. (dc) (Entered: 12/01/2009) 2009-12-03 14:59:47 6df2049e535e926a42ee36174ca04c0306f6706a
2009-12-03 76 0 Motion to Continue Unopposed MOTION to Continue Pretrial and Trial Dates by Gary Utter. (Attachments: # 1 Proposed Order)(MacMain, David) (Entered: 12/03/2009)
2009-12-04 77 0 Motion for Miscellaneous Relief MOTION requesting copy of compact disc exhibits by Amy Gulli - York Daily Record.(kjn) (Entered: 12/04/2009) 2009-12-04 11:06:05 0f6a1781f9f7d74dad57da7a819872cf29890e82
2009-12-04 78 0 Terminate Deadlines and Hearings ORDER - AND NOW, this 4th day of December 2009, upon consideration of Dfts' Concurred-In Motion to Continue Trial and Pretrial Dates, said Motion is GRANTED, and it is hereby ORDERED that all pretrial and trial dates are continued and will be held in abeyance pending the Court's ruling on Dfts' Motions for Summary Judgment. Signed by Magistrate Judge Martin C. Carlson on December 4, 2009. (kjn ) (Entered: 12/04/2009) 2009-12-05 15:19:05 08b2455ad6023b96d598fd0013ca0b8d11b0c780
2009-12-04 79 0 Motion for Protective Order Unopposed MOTION for Protective Order /to Place Videos under Seal by Gary Utter. (Attachments: # 1 Proposed Order)(MacMain, David) (Entered: 12/04/2009) 2009-12-05 08:47:07 ca74930076c5925a075cb34db80dd89edba84da1
79 1 Proposed Order
2009-12-07 80 0 Scheduling Order ORDER - AND NOW this 7th day of December, 2009, upon consideration of the motions for access to (Doc. 77), and sealing of (Doc. 79), these videotapes, it is hereby ORDERED that the parties shall submit memoranda of law in support these respective motions, on or before December 21, 2009. The parties shall then file briefs in opposition to the competing motions no later than January 4, 2010. Any final reply briefs shall then be submitted on or before January 14, 2010. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on December 7, 2009. (kjn) (Entered: 12/07/2009) 2009-12-07 09:35:08 579c0fb02cdcf9276bcb368d078eec684a5e5476
2009-12-08 81 0 Order AMENDED ORDER - AND NOW this 8th day of December, 2009, upon consideration of the motions for access to (Doc. 77), and sealing of (Doc. 79), these videotapes, it is hereby ORDERED that the movant York Daily Record and the parties shall submit memoranda of law in support these respective motions, on or before December 21, 2009. The movant and the parties shall then file briefs in opposition to the competing motions no later than January 4, 2010. Any final reply briefs shall then be submitted on or before January 14, 2010. It is further ORDERED that a copy of this order will be served on movant York Daily Record. Signed by Magistrate Judge Martin C. Carlson on December 8, 2009. (kjn) (Entered: 12/08/2009) 2009-12-09 16:16:13 82c877922c80950738090c306191cbebc88858fd
2009-12-21 82 0 Brief in Support BRIEF IN SUPPORT re 79 Unopposed MOTION for Protective Order /to Place Videos under Seal filed by Gary Utter.(MacMain, David) (Entered: 12/21/2009) 2009-12-22 10:14:09 a41d1d1f158ac41f13f082c15a5e96f345349d51
2009-12-22 83 0 Status Report STATUS REPORT by Ronald T. Whitaker, Sr, Dalea Lynn, Taylor Whitaker, Brandi Whitaker, Christopher Hammerstone. (Weisberg, Matthew) (Entered: 12/22/2009) 2009-12-23 09:27:19 3db2ce53c39e67c2a1a1b79ff6cd5075aab7a35b
2009-12-21 84 0 Brief in Support BRIEF IN SUPPORT re 77 MOTION requesting copy of compact disc exhibits filed by Amy Gulli.(dc) (Entered: 12/22/2009)
2010-01-04 85 0 Brief in Opposition BRIEF IN OPPOSITION re 79 Unopposed MOTION for Protective Order/to Place Videos under Seal and C of S filed by Amy Gulli.(pjr) (Entered: 01/04/2010)
2010-01-04 86 0 Brief in Opposition BRIEF IN OPPOSITION re 77 MOTION requesting copy of compact disc exhibits filed by Gary Utter.(MacMain, David) (Entered: 01/04/2010)
2010-03-09 87 0 Acknowledgment of Service ACKNOWLEDGEMENT OF SERVICE Executed as to 47 Order, served on Ronald T. Whitaker, Sr.; dated: 8/11/09. (pjr) (Entered: 03/09/2010) 2010-03-09 15:49:04 c4918463026e93af36a294b99dc47d9039c93dff
2010-03-09 88 0 Acknowledgment of Service ACKNOWLEDGEMENT OF SERVICE Executed as to 47 Order, served on Dalea Lynn; dated 8/17/09.(pjr) (Entered: 03/09/2010)
2010-04-19 89 0 MEMORANDUM OPINION AND ORDER denying 77 Motion for access to video ; granting dft's 79 Motion for Protective Order. Signed by Magistrate Judge Martin C. Carlson on April 19, 2010. (kjn ) (Entered: 04/19/2010) 2010-04-19 14:39:17 9e2b38d722ef456568a47b455de85cf198746bdf
2010-04-19 90 0 REPORT AND RECOMMENDATION re 49 , 52 MOTIONs for Summary Judgment filed by defendants. It is hereby RECOMMENDED that the Court GRANT Defendants motions for summary judgment. Objections to R&R due by 5/6/2010.Signed by Magistrate Judge Martin C. Carlson on April 19, 2010. (kjn ) (Entered: 04/19/2010) 2010-04-19 14:50:12 b9cd4ed1d87157442578b4b35c44f2cced4d29f0
2010-06-07 91 0 ORDER ADOPTING REPORT AND RECOMMENDATION of the magistrate judge 90 , GRANTING defendants' motions for summary judgment 49 & 52 , directing Clrk of Ct to enter JUDGMENT in favor of defendants & against plaintiffs on all claims, & directing Clrk of Ct to CLOSE case. (See order for complete details. ) Signed by Honorable Christopher C. Conner on 06/07/10. (ki) (Entered: 06/07/2010) 2010-06-07 18:48:08 75146101db6068997fba9155dbc9f744c50669f9
2010-06-07 92 0 JUDGMENT - Summary jdgmt entered in favor of defts Springettsbury Township, Springettsbury Township Police Department, David Eshbach, & Gary Utter, and against pltfs Ronald T. Whitaker,, Sr., Dalea Lynn, Taylor Whitaker, Brandi Whitaker & Christopher Hammerstone, on all claims, in acc w/ ct's 6/7/10 order 91 . (See jdgmt for complete details.) Signed by Honorable Christopher C. Conner on 06/07/10. (ki) (Entered: 06/07/2010) 2010-06-07 18:59:06 f8783f316636d2533469c4407119cd660dee3271