Case details

Court: pamd
Docket #: 1:12-cv-01247
Case Name: Lang v. Pennsylvania Higher Education Assistance Agency
PACER case #: 89913
Date filed: 2012-06-29
Date terminated: 2013-12-16
Assigned to: Honorable John E. Jones, III
Case Cause: 28:1331 Fed. Question: Fair Labor Standards
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Anthony Lang, Sr.
Plaintiff
individually and on behalf of all others similarly situated
Derrek W. Cummings
McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-1624 717-238-5707 Email: dcummings@mwcfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A. Hanson
Stueve Siegel Hanson LLP 460 Nichols Road Suite 200 Kansas City, MO 64112 816-714-7100 Email: hanson@stuevesiegel.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James J. McCarthy , Jr.
McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103 717-238-5707 Fax: 717-233-8133 Email: jmccarthy@mwcfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry A. Weisberg
McCarthy Weisberg Cummings, P.C. 2041 Herr Street Harrisburg, PA 17103-8133 717-238-5707 Fax: 717-233-8133 Email: lweisberg@mwcfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lee R. Anderson
Stueve Siegel Hanson LLP 460 Nichols Road Suite 200 Kansas City, MO 64112 816-714-7100 Email: anderson@stuevesiegel.com
TERMINATED: 06/12/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ahkeem Brown
Plaintiff
Derrek W. Cummings
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A. Hanson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James J. McCarthy , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry A. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lee R. Anderson
(See above for address)
TERMINATED: 06/12/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wentling I.S. Holmes
Plaintiff
Derrek W. Cummings
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

George A. Hanson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James J. McCarthy , Jr.
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry A. Weisberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lee R. Anderson
(See above for address)
TERMINATED: 06/12/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pennsylvania Higher Education Assistance Agency
Defendant
TERMINATED: 11/20/2013 also known asPHEAA also known asAmerican Education Services also known asAES also known asFedLoan Servicing
Daniel B. Huyett
Stevens & Lee 111 North Sixth Street P.O. Box 679 Reading, PA 19603-0679 (610) 478-2223 Email: dbh@stevenslee.com
ATTORNEY TO BE NOTICED

Jo Bennett
Stevens & Lee PC 1818 Market Street 29th Floor Philadelphia, PA 19103 215-751-2883 Email: jb@stevenslee.com
ATTORNEY TO BE NOTICED

Joseph P. Hofmann
Stevens & Lee, P.C. 51 South Duke Street Lancaster, PA 17602 (717) 399-6643 Fax: (610) 371-7946 Email: jph@stevenslee.com
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
Stevens & Lee PC 1818 Market Street 29th Floor Philadelphia, PA 19103 215-751-1946 Email: kdk@stevenslee.com
ATTORNEY TO BE NOTICED

Neil C. Schur
Stevens & Lee, P.C. 1818 Market Street 29th Floor Philadelphia, PA 19103 215-751-1944 Email: ncsc@stevenslee.com
ATTORNEY TO BE NOTICED

James L. Preston
Defendant
both as President and Chief Executive Officer of PHEAA and individually
Daniel B. Huyett
(See above for address)
ATTORNEY TO BE NOTICED

Jo Bennett
(See above for address)
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
(See above for address)
ATTORNEY TO BE NOTICED

Neil C. Schur
(See above for address)
ATTORNEY TO BE NOTICED

Stephanie Foltz
Defendant
individually TERMINATED: 11/20/2013
Daniel B. Huyett
(See above for address)
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
(See above for address)
ATTORNEY TO BE NOTICED

Neil C. Schur
(See above for address)
ATTORNEY TO BE NOTICED

Todd Mosko
Defendant
individually TERMINATED: 11/20/2013
Daniel B. Huyett
(See above for address)
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
(See above for address)
ATTORNEY TO BE NOTICED

Neil C. Schur
(See above for address)
ATTORNEY TO BE NOTICED

Matthew Sessa
Defendant
individually TERMINATED: 11/20/2013
Daniel B. Huyett
(See above for address)
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
(See above for address)
ATTORNEY TO BE NOTICED

Neil C. Schur
(See above for address)
ATTORNEY TO BE NOTICED

Does #1 through #10
Defendant
individually TERMINATED: 11/20/2013
Daniel B. Huyett
(See above for address)
ATTORNEY TO BE NOTICED

Kenneth D. Kleinman
(See above for address)
ATTORNEY TO BE NOTICED

Neil C. Schur
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-06-29 1 0 COMPLAINT against Pennsylvania Higher Education Assistance Agency ( Filing fee $350, Receipt Number 0314-2516575), filed by Anthony Lang, Sr. (Attachments: # 1 Civil Cover Sheet, # 2 Consent)(dh) (Entered: 06/29/2012)
2012-06-29 2 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Derrek W. Cummings on behalf of Anthony Lang, Sr Attorney George Hanson is seeking special admission. Filing fee $ 50, receipt number 0314-2517240.. (Cummings, Derrek) (Entered: 06/29/2012)
2012-06-29 3 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Derrek W. Cummings on behalf of Anthony Lang, Sr Attorney Lee Anderson is seeking special admission. Filing fee $ 50, receipt number 0314-2517268.. (Cummings, Derrek) (Entered: 06/29/2012)
2012-06-29 4 0 SCHEDULING ORDER: Case Management Conference set for 8/31/2012 (eo, ) (Entered: 06/29/2012)
2012-07-02 5 0 SPECIAL ADMISSIONS FORM APPROVED as to George A. Hanson and Lee R. Anderson (eo, ) (Entered: 07/02/2012)
2012-07-06 6 0 SCHEDULING ORDER: Case Management Conference set for 8/31/2012 11:00 AM before Honorable John E. Jones III. (eo, ) (Entered: 07/06/2012)
2012-07-10 7 0 SUMMONS Returned Executed by Anthony Lang, Sr. Pennsylvania Higher Education Assistance Agency served on 7/6/2012, answer due 7/27/2012. (Weisberg, Larry) (Entered: 07/10/2012)
2012-07-18 8 0 MOTION for Extension of Time to Serve Response to the Complaint, with Certificate of Concurrence by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order)(Bennett, Jo) (Entered: 07/18/2012)
2012-07-19 9 0 NOTICE of Appearance by Kenneth D. Kleinman on behalf of Pennsylvania Higher Education Assistance Agency (Kleinman, Kenneth) (Entered: 07/19/2012)
2012-07-19 10 0 NOTICE of Appearance by Neil C. Schur on behalf of Pennsylvania Higher Education Assistance Agency (Schur, Neil) (Entered: 07/19/2012)
2012-07-19 11 0 NOTICE of Appearance by Daniel B. Huyett on behalf of Pennsylvania Higher Education Assistance Agency (Huyett, Daniel) (Entered: 07/19/2012)
2012-07-20 12 0 ORDER granting 8 Motion to Extend Time (eo, ) (Entered: 07/20/2012)
2012-08-13 13 0 MOTION to Continue Case Management Conference by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order)(Bennett, Jo) (Entered: 08/13/2012)
2012-08-14 14 0 ORDER granting 13 Motion to Continue Case Management Conference reset for 9/28/2012 10:30 AM before Honorable John E. Jones III. See order for details. (eo, ) (Entered: 08/14/2012)
2012-08-24 15 0 NOTICE by Anthony Lang, Sr Ahkeem Brown's Consent to Join (Cummings, Derrek) (Entered: 08/24/2012)
2012-08-31 16 0 NOTICE by Anthony Lang, Sr Wentling I. S. Holme's Consent to Join (Cummings, Derrek) (Entered: 08/31/2012)
2012-08-31 17 0 MOTION for Extension of Time to File Answer re 1 Complaint by Pennsylvania Higher Education Assistance Agency.(Bennett, Jo) (Entered: 08/31/2012)
2012-08-31 18 0 Amended MOTION for Extension of Time to File Answer re 1 Complaint by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order Order)(Bennett, Jo) (Entered: 08/31/2012)
2012-09-04 19 0 ORDER granting 18] Motion for Extension of Time to Answer All Defendants. See order for details (eo, ) (Entered: 09/04/2012)
2012-09-11 20 0 ANSWER to 1 Complaint by Pennsylvania Higher Education Assistance Agency.(Bennett, Jo) (Entered: 09/11/2012)
2012-09-11 21 0 MOTION to Dismiss Count II of Complaint (Certificate of Service) by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order)(Bennett, Jo) (Entered: 09/11/2012)
2012-09-11 22 0 BRIEF IN SUPPORT /MEMORANDUM OF LAW IN SUPPORT re 21 MOTION to Dismiss Count II of Complaint (Certificate of Service) filed by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Bennett, Jo) (Entered: 09/11/2012)
2012-09-18 23 0 NOTICE of Appearance by Joseph P. Hofmann on behalf of Pennsylvania Higher Education Assistance Agency (Hofmann, Joseph) (Entered: 09/18/2012)
2012-09-18 24 0 Unopposed MOTION for Extension of Time to File Brief to 22 Brief in Support, filed by Ahkeem Brown, Wentling I.S. Holmes, Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Weisberg, Larry) (Entered: 09/18/2012)
2012-09-18 25 0 ORDER granting 24 Motion for Extension of Time (eo, ) (Entered: 09/18/2012)
2012-09-21 26 0 CASE MANAGEMENT PLAN Joint Case Management Plan by Anthony Lang, Sr. (Weisberg, Larry) (Entered: 09/21/2012)
2012-09-21 27 0 NOTICE by Anthony Lang, Sr Andria Johnson's Consent to Join (Cummings, Derrek) (Entered: 09/21/2012)
2012-09-28 29 0 ORDER #1- STANDARD CASE MANAGEMENT TRACK Jury Selection set for 2/4/2014 09:30AM before Honorable John E. Jones III. Pretrial Conference set for 1/2/2014. See order for all deadlines. (eo, ) (Entered: 09/28/2012)
2012-09-28 30 0 ORDER #2- Practice Order. (eo, ) (Entered: 09/28/2012)
2012-10-16 31 0 BRIEF IN OPPOSITION re 21 MOTION to Dismiss Count II of Complaint (Certificate of Service) filed by Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4)(Weisberg, Larry) (Entered: 10/16/2012)
2012-10-18 32 0 Letter from Larry A. Weisberg, Esquire, Plaintiff's Counsel Requesting Telephonic Conference to Address Discovery Dispute. (Weisberg, Larry) (Entered: 10/18/2012)
2012-10-22 33 0 Letter from Kenneth D. Kleinman, Esquire, Defendant's Counsel re: Plaintiffs' 10-18-12 Letter. (Kleinman, Kenneth) (Entered: 10/22/2012)
2012-10-23 34 0 ORDER 1. The deadline for Defendants responses to Plaintiffs discoveryrequests is extended by thirty (30) days.2. The limitations period is equitably tolled during this thirty (30) dayextension of time. (eo) (Entered: 10/23/2012)
2012-11-02 35 0 REPLY BRIEF re 21 MOTION to Dismiss Count II of Complaint (Certificate of Service) filed by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Certificate of Compliance and Certificate of Service)(Bennett, Jo) (Entered: 11/02/2012)
2012-11-09 36 0 MOTION for Leave to File Surreply Brief in Response to Defendant's Reply Brief in Support of its Motion to Dismiss Count II of Plaintiff's Complaint by Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Weisberg, Larry) (Entered: 11/09/2012)
2012-11-12 37 0 RESPONSE by Pennsylvania Higher Education Assistance Agency to 36 MOTION for Leave to File Surreply Brief in Response to Defendant's Reply Brief in Support of its Motion to Dismiss Count II of Plaintiff's Complaint . (Attachments: # 1 Proposed Order (if Motion is Granted), # 2 Proposed Order (if Motion is Denied))(Bennett, Jo) (Entered: 11/12/2012)
2012-11-20 38 0 BRIEF IN SUPPORT re 36 MOTION for Leave to File Surreply Brief in Response to Defendant's Reply Brief in Support of its Motion to Dismiss Count II of Plaintiff's Complaint filed by Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) A)(Weisberg, Larry) (Entered: 11/20/2012)
2012-11-26 39 0 ORDER denying 36 Motion for Leave to File (eo) (Entered: 11/26/2012)
2012-12-06 40 0 First MOTION to Supplement Brief in Opposition to Plaintiff's Motion to Dismiss Count II of Plaintiff's Complaint by Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order)(Weisberg, Larry) (Entered: 12/06/2012)
2012-12-14 41 0 STIPULATION and CONFIDENTIALITY AGREEMENT by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order)(Hofmann, Joseph) (Entered: 12/14/2012)
2012-12-17 42 0 Order approving Stipulation (eo) (Entered: 12/17/2012)
2012-12-17 43 0 BRIEF IN SUPPORT re 40 First MOTION to Supplement Brief in Opposition to Plaintiff's Motion to Dismiss Count II of Plaintiff's Complaint, 21 MOTION to Dismiss Count II of Complaint (Certificate of Service) filed by Anthony Lang, Sr.(Weisberg, Larry) (Entered: 12/17/2012)
2012-12-21 44 0 Letter from Plaintiff's Counsel requesting discovery conference . (Weisberg, Larry) (Entered: 12/21/2012)
2012-12-26 45 0 BRIEF IN OPPOSITION re 40 First MOTION to Supplement Brief in Opposition to Plaintiff's Motion to Dismiss Count II of Plaintiff's Complaint [DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO SUPPLEMENT HIS BRIEF IN PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS COUNT II OF PLAINTIFF'S COMPLAINT] filed by Pennsylvania Higher Education Assistance Agency.(Bennett, Jo) (Entered: 12/26/2012)
2012-12-28 46 0 ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab -The discovery dispute raised by Plaintiffs counsel in his letter dated December 21, 2012 is hereby REFERRED to United States Magistrate Judge Susan E. Schwab for resolution (eo) (Entered: 12/28/2012)
2012-12-28 47 0 ORDER - IT IS ORDERED that a discovery conference is scheduled for 1/4/13 at 10:00 am. The conference will be by telephone. Plaintiff's counsel shall initiate the call by calling Chambers at 717-221-3980 after all counsel are on the line.Signed by Magistrate Judge Susan E. Schwab on 12/28/12. (aaa) (Entered: 12/28/2012)
2013-01-04 49 0 SCHEDULING ORDER:A Telephone Discovery Conference is set for 1/14/2013 at 10:00 AM in Harrisburg before Honorable John E. Jones III. Plaintiff's counsel shall initiate the call. Signed by Magistrate Judge Susan E. Schwab on 1/4/13. (pw) (Entered: 01/04/2013)
2013-01-16 51 0 Letter from Plaintiff's Counsel Regarding Discovery Dispute . (Cummings, Derrek) (Entered: 01/16/2013)
2013-01-18 52 0 ORDER 1. Plaintiffs Motion for Leave to Supplement Brief in Opposition toDefendants Motion to Dismiss Count II of Plaintiffs Complaint(Doc. 40) is DENIED. 2. Defendants Motion to Dismiss Count II of Plaintiffs Complaint (Doc. 21) is GRANTED. 3. Count II of Plaintiffs Complaint (Doc. 1) is DISMISSED.(eo) (Entered: 01/18/2013)
2013-01-18 53 0 ORDER - IT IS ORDERED that another discovery conference is scheduled for January 22, 2013, at 11:00 a.m. The conference will be by telephone. Plaintiffs counsel shall initiate the call by calling Chambers. Signed by Magistrate Judge Susan E. Schwab on 1/18/13. (rc) (Entered: 01/18/2013)
2013-01-22 55 0 ORDER - IT IS ORDERED that another discovery conference is scheduled for January 29, 2013, at 10:00 a.m. The conference will be by telephone. Plaintiffs counsel shall initiate the call by calling Chambers. Signed by Magistrate Judge Susan E. Schwab on 1/22/13. (rc) (Entered: 01/22/2013)
2013-01-31 57 0 Letter from Plaintiff's Counsel Regarding Discovery Dispute and Requesting Teleconference . (Attachments: # 1 Amended Deposition Notice)(Cummings, Derrek) (Entered: 01/31/2013)
2013-02-01 58 0 ORDER - IT IS ORDERED that another discovery conference is scheduled forFebruary 1, 2013, at 3:00 p.m. The conference will be by telephone. Plaintiffs counsel shall initiate the call by calling Chambers. Signed by Magistrate Judge Susan E. Schwab on 2/1/13. (rc) (Entered: 02/01/2013)
2013-03-21 60 0 MOTION for Judgment on the Pleadings by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Schur, Neil) (Entered: 03/21/2013)
2013-03-21 61 0 MOTION to Exceed Page Limitation by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Schur, Neil) (Entered: 03/21/2013)
2013-03-21 62 0 ORDER granting 61 Motion for Leave to File Excess Pages (eo) (Entered: 03/21/2013)
2013-04-02 63 0 BRIEF IN SUPPORT re 60 MOTION for Judgment on the Pleadings filed by Pennsylvania Higher Education Assistance Agency.(Schur, Neil) (Entered: 04/02/2013)
2013-04-09 64 0 Unopposed MOTION for Extension of Time to File Brief to 63 Brief in Support filed by Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Weisberg, Larry) (Entered: 04/09/2013)
2013-04-10 65 0 ORDER granting 64 Motion for Extension of Time to File (eo) (Entered: 04/10/2013)
2013-04-23 66 0 MOTION to Certify Class Plaintiff's Motion for FLSA Collective Action Certification by Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Weisberg, Larry) (Entered: 04/23/2013)
2013-04-23 67 0 BRIEF IN SUPPORT re 66 MOTION to Certify Class Plaintiff's Motion for FLSA Collective Action Certification filed by Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12)(Weisberg, Larry) (Entered: 04/23/2013)
2013-04-24 68 0 First MOTION to Amend/Correct 1 Complaint by Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order)(Weisberg, Larry) (Entered: 04/24/2013)
2013-04-24 69 0 BRIEF IN SUPPORT re 68 First MOTION to Amend/Correct 1 Complaint filed by Anthony Lang, Sr.(Weisberg, Larry) (Entered: 04/24/2013)
2013-04-25 70 0 Letter from Kenneth D. Kleinman, Esq., Counsel for Defendant PHEAA. (Kleinman, Kenneth) (Entered: 04/25/2013)
2013-04-26 71 0 ORDER REFERRING CASE to Magistrate Judge Susan E. Schwab- This matter shall be immediately assigned to Magistrate Judge Schwab for the purpose of conducting a conference call to determinewhether to stay Plaintiffs motion for collective action certification(Doc. 66) and, if so, whether to toll the statute of limitations while themotion is stayed (eo) (Entered: 04/26/2013)
2013-04-26 72 0 Letter from Larry A. Weisberg, Esq. Counsel for Plaintiff regarding staying of class certification and other matters addressed in Defendant's letter of April 25, 2013. (Weisberg, Larry) (Entered: 04/26/2013)
2013-04-26 73 0 ORDER - IT IS ORDERED that a conference call shall be held on May 2, 2013, at 1:30 p.m. The plaintiffs shall initiate the call, ensuring that all parties are on the telephone line before contacting the Court. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Susan E. Schwab on 4/26/13. (rc) (Entered: 04/26/2013)
2013-04-30 74 0 Letter from Kenneth D. Kleinman, Esquire . (Kleinman, Kenneth) (Entered: 04/30/2013)
2013-05-01 75 0 First MOTION for Extension of Time to Extend Deadline for Plaintiff to Respond to Defendant's Motion for Judgment on the Pleadings by Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Cummings, Derrek) (Entered: 05/01/2013)
2013-05-01 76 0 AMENDED DOCUMENT by Anthony Lang, Sr. Amendment to 75 First MOTION for Extension of Time to Extend Deadline for Plaintiff to Respond to Defendant's Motion for Judgment on the Pleadings . (Cummings, Derrek) (Entered: 05/01/2013)
2013-05-01 77 0 Letter from Plaintiff Responding to Defendant's Letter Regarding Staying Certification. (Attachments: # 1 Exhibit(s) A)(Cummings, Derrek) (Entered: 05/01/2013)
2013-05-06 79 0 ORDER granting 75 Motion to Extend Time (eo) (Entered: 05/06/2013)
2013-05-06 80 0 ORDER - IT IS ORDERED that: 1) Plaintiffs motion to amend the complaint 68 is GRANTED; 2) PHEAAS motion for judgment on the pleadings 60 is DENIED as moot; 3) Plaintiffs shall file an amended complaint within 14 days of the date of this Order; 4) PHEAA shall be given an additional 30 days to respond to plaintiffs motion for collective action certification; and 5) In the event that PHEAA files a dispositive motion attacking the sufficiencyof plaintiffs amended complaint, plaintiffs motion for collective action certification 66 shall be stayed, and the FLSA statute of limitations tolled, until such time as the Court orders otherwise. Signed by Magistrate Judge Susan E. Schwab on 5/6/13. (rc) (Entered: 05/06/2013)
2013-05-06 81 0 AMENDED COMPLAINT against Pennsylvania Higher Education Assistance Agency, filed by Ahkeem Brown, Anthony Lang, Sr.(Weisberg, Larry) (Entered: 05/06/2013)
2013-05-06 82 0 NOTICE by Ahkeem Brown, Anthony Lang, Sr re 81 Amended Complaint Anthony Lang's Consent to Join (Weisberg, Larry) (Entered: 05/06/2013)
2013-05-06 83 0 NOTICE by Ahkeem Brown, Anthony Lang, Sr re 81 Amended Complaint Ahkeem Brown's Consent to Join (Weisberg, Larry) (Entered: 05/06/2013)
2013-05-06 84 0 NOTICE by Ahkeem Brown, Anthony Lang, Sr re 81 Amended Complaint Andria Johnson's Consent to Join (Weisberg, Larry) (Entered: 05/06/2013)
2013-05-06 85 0 NOTICE by Ahkeem Brown, Anthony Lang, Sr re 81 Amended Complaint Wentling Holmes' Consent to Join (Weisberg, Larry) (Entered: 05/06/2013)
2013-05-07 86 0 Summons Issued as to Stephanie Foltz, Todd Mosko, James L. Preston, Matthew Sessa and provided TO ATTORNEY VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (dh) (Entered: 05/07/2013)
2013-05-08 87 0 WAIVER OF SERVICE Returned by Ahkeem Brown, Anthony Lang, Sr. James L. Preston waiver sent on 5/7/2013, answer due 7/8/2013. (Weisberg, Larry) (Entered: 05/08/2013)
2013-05-08 88 0 WAIVER OF SERVICE Returned by Ahkeem Brown, Anthony Lang, Sr. Stephanie Foltz waiver sent on 5/7/2013, answer due 7/8/2013. (Weisberg, Larry) (Entered: 05/08/2013)
2013-05-08 89 0 WAIVER OF SERVICE Returned by Ahkeem Brown, Anthony Lang, Sr. (Weisberg, Larry) (Entered: 05/08/2013)
2013-05-08 90 0 WAIVER OF SERVICE Returned by Ahkeem Brown, Anthony Lang, Sr. Todd Mosko waiver sent on 5/7/2013, answer due 7/8/2013. (Weisberg, Larry) (Entered: 05/08/2013)
2013-05-08 91 0 WAIVER OF SERVICE Returned by Ahkeem Brown, Anthony Lang, Sr. Matthew Sessa waiver sent on 5/7/2013, answer due 7/8/2013. (Weisberg, Larry) (Entered: 05/08/2013)
2013-05-23 92 0 MOTION to Dismiss Plaintiffs' First Amended Complaint by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Huyett, Daniel) (Entered: 05/23/2013)
2013-05-23 93 0 MOTION to Dismiss Plaintiffs' First Amended Complaint by Does #1 through #10, Stephanie Foltz, Todd Mosko, James L. Preston, Matthew Sessa. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence)(Huyett, Daniel) (Entered: 05/23/2013)
2013-05-31 94 0 MOTION for Leave to File Memoranda of Law in Support of Motions to Dismiss by Does #1 through #10, Stephanie Foltz, Todd Mosko, Pennsylvania Higher Education Assistance Agency, James L. Preston, Matthew Sessa. (Attachments: # 1 Proposed Order, # 2 Certificate of Nonconcurrence, # 3 Certificate of Service)(Schur, Neil) (Entered: 05/31/2013)
2013-05-31 95 0 NOTICE by Ahkeem Brown, Wentling I.S. Holmes, Anthony Lang, Sr re 94 MOTION for Leave to File Memoranda of Law in Support of Motions to Dismiss Notice of Plaintiffs' Concurrence with Defendants' Motion to Exceed Word Limitation (Weisberg, Larry) (Entered: 05/31/2013)
2013-06-03 96 0 ORDER granting 94 Motion for Leave to File Excess words. (eo) (Entered: 06/03/2013)
2013-06-06 97 0 BRIEF IN SUPPORT re 92 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Pennsylvania Higher Education Assistance Agency.(Kleinman, Kenneth) (Entered: 06/06/2013) 2014-05-14 15:13:22 373321c7c0b9a9d150e6eec84450a3bb98ea67cb
2013-06-06 98 0 BRIEF IN SUPPORT re 93 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Does #1 through #10, Stephanie Foltz, Todd Mosko, Pennsylvania Higher Education Assistance Agency, James L. Preston, Matthew Sessa.(Kleinman, Kenneth) (Entered: 06/06/2013)
2013-06-12 99 0 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Lee R. Anderson terminated on behalf of Anthony Lang, Sr., Ahkeem Brown, Wentling I.S. Holmes. (Weisberg, Larry) (Entered: 06/12/2013)
2013-06-24 100 0 BRIEF IN OPPOSITION re 92 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Ahkeem Brown, Wentling I.S. Holmes, Anthony Lang, Sr.(Weisberg, Larry) (Entered: 06/24/2013)
2013-06-24 101 0 BRIEF IN OPPOSITION re 93 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Ahkeem Brown, Wentling I.S. Holmes, Anthony Lang, Sr. (Attachments: # 1 Exhibit(s) 1)(Weisberg, Larry) (Entered: 06/24/2013)
2013-07-08 102 0 Letter from Defendants 7-8-2013. (Kleinman, Kenneth) (Entered: 07/08/2013)
2013-07-22 103 0 MOTION to Exceed Page Limitation by Pennsylvania Higher Education Assistance Agency. (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Schur, Neil) (Entered: 07/22/2013)
2013-07-25 104 0 ORDER granting 103 Motion for Leave to File Excess Pages (eo) (Entered: 07/25/2013)
2013-07-25 105 0 REPLY BRIEF re 92 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Pennsylvania Higher Education Assistance Agency.(Huyett, Daniel) (Entered: 07/25/2013)
2013-07-25 106 0 REPLY BRIEF re 93 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by James L. Preston, Stephanie Foltz, Todd Mosko, Matthew Sessa, and John Doe Defendants #1-10 filed by James L. Preston.(Huyett, Daniel) (Entered: 07/25/2013)
2013-11-20 107 0 ORDER 1. Defendant Pennsylvania Higher Education Assistance Agencys Motion to Dismiss Plaintiffs First Amended Complaint (Doc. 92) is GRANTED. 2. Defendants James L. Preston, Stephanie Foltz, Todd Mosko, Matthew Sessa, and John Doe Defendants Motion to Dismiss Plaintiffs First Amended Complaint (Doc. 93) is GRANTED IN PART and DENIED IN PART to the following extent:a. The Motion is GRANTED to the extent it seeks dismissal of Plaintiffs claims for damages in Count II. b. The Motion is further GRANTED to the extent it seeks dismissal of Counts III through XIII. C. The Motion is DENIED to the extent it seeks dismissal of Plaintiffs claim for prospective declaratory relief in Count II. 3. As all claims against the following Defendants have been dismissed with prejudice, the Clerk is directed to terminate them from thedocket: Pennsylvania Higher Education Assistance Agency, Stephanie Foltz, Todd Mosko, Matthew Sessa, and Does #1 through #10. 4. Although all claims against Defendant James L. Preston in his individual capacity have been dismissed with prejudice, he remains a Defendant in his official capacity. (eo) (Entered: 11/20/2013)
2013-12-04 108 0 ANSWER to Complaint [ANSWER TO FIRST AMENDED COMPLAINT] by James L. Preston.(Bennett, Jo) (Entered: 12/04/2013)
2013-12-05 109 0 SCHEDULING ORDER: Pretrial Conference set for 1/3/2014 10:00 AM in Harrisburg before Honorable John E. Jones III. (eo) (Entered: 12/05/2013)
2013-12-05 110 0 ORDER - 1. Plaintiffs SHALL FILE a letter on the docket within ten (10) days ofthe date of this Order indicating whether they intend to pursue classcertification. 2. Plaintiffs Motion for FLSA Collective Action Certification (Doc. 66) remains STAYED pending further Order of Court. (eo) (Entered: 12/05/2013)
2013-12-13 111 0 STIPULATION of Dismissal Joint Stipulation by Ahkeem Brown, Wentling I.S. Holmes, Anthony Lang, Sr. (Weisberg, Larry) (Entered: 12/13/2013)
2013-12-20 112 0 REQUEST for Entry of Judgment by Ahkeem Brown, Anthony Lang, Sr. (Attachments: # 1 Proposed Order)(Weisberg, Larry) (Entered: 12/20/2013)
2013-12-20 113 0 JUDGMENT - This action came before the Court. The issues have been determined and a decision has been rendered. IT IS ORDERED AND ADJUDGED that 1) In accordance with the Memorandum and Order filed January 18, 2013 52 Defendant Pennsylvania Higher Education Assistance Agency's Motion to dismiss Count II of Plaintiff's Complaint 21 is GRANTED; 2) In accordance with the Memorandum and Order filed November 20, 2013 107 Defendant Pennsylvania Higher Education Assistance Agency's Motion to Dismiss Plaintiff's First Amended Complaint 92 is GRANTED; 3) In accordance with the Memorandum and Order filed November 20, 2013 107 , Defendant's James L. Preston, Stephanie Foltz, Todd Mosko, Matthew Sessa, and John Doe Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint 93 is GRANTED IN PART nad DENIED IN PART as set forth in the Court's November 20, 2013 Memorandum and Order; 4) The Joint Stipulation 111 filed by the parties on December 13, 2013, is hereby approved and the remaining claim for prospective declaratory relief against Defendant James L. Preston in his capacity as President and Chief Executive Officer of the Pennsylvania Higher Education Assistance Agency is hereby dismissed with prejudice; and 5) Pursuant to the Joint Stipulation 111 , each party to bear his, her or its own costs and attorneys' fees. Signed by Honorable John E. Jones, III on 12/20/13. (pw) (Entered: 12/20/2013)
2014-01-10 114 0 NOTICE OF APPEAL in NON-PRISONER Case as to 107 Order on Motion to Dismiss,,,,,,,,, 113 Judgment,,,,, 52 Order on Motion to Supplement, Order on Motion to Dismiss,, by Anthony Lang, Sr. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number 0314-2984038. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Cummings, Derrek) (Entered: 01/10/2014)
2014-01-15 115 0 USCA Case Number 14-1080 for 114 Notice of Appeal, filed by Anthony Lang, Sr.. USCA Case Manager James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (King, James) (Entered: 01/15/2014)
2014-01-29 116 0 TRANSCRIPT PURCHASE ORDER REQUEST by Anthony Lang, Sr (Cummings, Derrek) (Entered: 01/29/2014)