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08-470 - JACOBS v. CITY OF PITTSBURGH et al


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08-470 - JACOBS v. CITY OF PITTSBURGH et al
June 21, 2010
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REPORT AND RECOMMENDATION that Motion to Dismiss filed by DAN ONORATO, RAMON RUSTIN, KAVALS, LOUIS LEON, RYAN TUTERA, ROBERT BEVERIDGE, MCCALL, CRAPIS, DALE CHAPMAN, RONALD POFI, MAJOR DONNIS, BOZAK, ROBBIE PINDEL, WILLIAM EMERICK, STANTON, RUBEL 57 be granted in part and denied in part. Objections to R&R due by 7/6/2010. Signed by Judge Cathy Bissoon on 6/21/10. (mlw)
August 26, 2010
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ORDER granting in part and denying in part 57 Motion to Dismiss; adopting Report and Recommendations re 89 Report and Recommendations. Defendants Motion to Dismiss (Doc. 57) is GRANTED with respect to Defendant Tutera who is DISMISSED FROM THIS CASE. The motion is also GRANTED with respect to plaintiffs state law claims, but is DENIED in all other respects. The Report and Recommendation of Magistrate Judge Bissoon (Docket. No. 89), dated June 21, 2010, is adopted as the opinion of the court. Signed by Judge Joy Flowers Conti on 8/26/2010. (smc )
February 3, 2011
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ORDER denying without prejudice 101 Motion to Compel Discovery; denying 104 Motion to Appoint Counsel, as more fully stated in the Order. Signed by Judge Cathy Bissoon on 2/3/2011. A copy of this Order has been mailed to Plaintiff at his address of record. (dad)
February 18, 2011
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REPORT AND RECOMMENDATION respectfully recommending that 98 MOTION to Dismiss filed by Defendants MICHAEL O'KEEFE, RICHARD USNER be granted in part, granted without prejudice in part, and denied in part. Objections to R&R due by 3/4/2011. Signed by Judge Cathy Bissoon on 2/18/2011. A copy of this R&R was mailed to Plaintiff at his address of record. (dad)
April 13, 2011
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f at his address of record. (dad)ORDER denying 117 Motion to Challenge Plaintiff's IFP Status; granting 118 Motion for Leave to Take Prisoner Deposition; ruling not to impose sanctions. Signed by Judge Cathy Bissoon on 4/13/2011. A copy of this Order was mailed to Plaintif
April 26, 2011
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ORDER granting in part and denying in part 98 Motion to Dismiss; adopting Report and Recommendations re 113 Report and Recommendations. The motion to dismiss filed defendants O'Keefe and Usner (ECF No. 98) is GRANTED WITH PREJUDICE in part, GRANTED WITHOUT PREJUDICE in part, and DENIED in part. IT IS FURTHER ORDERED that plaintiff's claims that are relevant to this order be disposed as set forth in the order. Plaintiff is granted twenty-one days from the date of this order in which to file an amended complaint, if appropriate. Failure to file an amended complaint within the specified time will result in all claims that have been dismissed without prejudice being dismissed with prejudice. Signed by Judge Joy Flowers Conti on 4/19/2011. (smc )
October 16, 2012
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MEMORANDUM AND OPINION on the 200 MOTION to Compel Discovery filed by ANDRE JACOBS, the 204 MOTION to Take Deposition filed by ANDRE JACOBS and the 201 MOTION to Compel Discovery MOTION for Court to Rule on Outstanding Issues filed by ANDRE JACOBS. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 10/16/2012. (jmb)
December 27, 2013
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ORDER converting 320 Motion to Dismiss and 321 Motion to Dismiss into Motions for Summary Judgment. Plaintiff is allowed until January 24, 2014, to respond to Defendants' motions. No extensions will be granted without just cause. If Plaintiff fails to comply with this order then the motions will be decided without the benefit of his response and the Court will consider dismissal of this action for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on December 27, 2013. (kcc) (Main Document 322 replaced on 1/13/2014) (tt) Changed date of response to 1/24/2014.
January 29, 2014
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ORDER on ECF No. 263 denying motion for disqualification and denying appeal of scheduling orders as moot. Signed by Chief Judge Joy Flowers Conti on 1/29/2014. (blr)
May 12, 2014
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ORDER re 360 plaintiff’s appeal of magistrate judge’s order (ECF No. 347) denying plaintiffs motion for discovery (ECF No. 342). Signed by Chief Judge Joy Flowers Conti on 5/12/2014. (blr)
May 30, 2014
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ORDER that Plaintiff is required to pay the filing fee of $350.00 in accordance with 28 USC 1915(b) and as more fully explained herein. The Clerk of Court is directed to forward a copy of this Order to the Superintendent of SCI-Albion where Plaintiff is currently incarcerated. Signed by Magistrate Judge Lisa Pupo Lenihan on May 30, 2014. (kcc)
June 5, 2014
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REPORT AND RECOMMENDATION re 320 and 321. It is respectfully recommended that the Motions to Dismiss, which have been converted into Motions for Summary Judgment, be denied to the extent Defendants seek revocation of Plaintiff's in forma pauperis status for violation of the "three strikes rule". To the extent Defendants seek dismissal for Plaintiff's failure to exhaust his administrative remedies, it is recommended that ruling on the Motions be denied without prejudice and refiled closer to the trial of the matter for the Court to conduct an evidentiary hearing and make a determination as to the factual disputes on this issue. Objections to R&R due by 6/23/2014. Signed by Magistrate Judge Lisa Pupo Lenihan on June 5, 2014. (kcc)
July 10, 2014
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ORDER adopting 366 Report and Recommendation as the Opinion of this Court. IT IS FURTHER ORDERED that for the reasons set forth in the Report and Recommendation, the Motions for Summary Judgment filed by the Allegheny County Defendants (ECF No. 320) and the Nurse Defendants (ECF No. 321) are DENIED to the extent they seek revocation of Plaintiff's in forma pauperis status and DENIED without prejudice to the extent they seek dismissal for Plaintiff's failure to exhaust his administrative remedies. Motions may be refiled closer to the trial of this matter so that the Court may conduct an evidentiary hearing and make a determination about the factual disputes on the issue of exhaustion of Plaintiffs administrative remedies. Signed by Chief Judge Joy Flowers Conti on 7/10/2014. (smc)
October 13, 2015
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MEMORANDUM OPINION re 427 MOTION for Sanctions (Records); and 425 MOTION for Sanctions (Video) filed by plaintiff ANDRE JACOBS. For the reasons set forth in the accompanying memorandum opinion, plaintiff's motions for spoliation sanctions will be denied. An appropriate order will follow. Signed by Chief Judge Joy Flowers Conti on 10/13/2015. (bgm) Modified on 11/12/2015. (bgm) NOTE: TYPOGRAPHICAL ERRORS CORRECTED IN AMENDED MEMORANDUM OPINION AT 460, 11/12/2015.
November 12, 2015
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AMENDED MEMORANDUM OPINION re 427 MOTION for Sanctions (Records); and 425 MOTION for Sanctions (Video) filed by plaintiff ANDRE JACOBS. Correcting minor typographical errors in the court's original memorandum opinion 453. Signed by Chief Judge Joy Flowers Conti on 11/12/15. (bgm)
August 1, 2016
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d by Magistrate Judge Lisa Pupo Lenihan on 08/01/2016. (vad)REPORT AND RECOMMENDATION re 456 MOTION for Summary Judgment filed by ROBERT BEVERIDGE, DAN ONORATO, CRAPIS, MCCALL, RAMON RUSTIN, KAVALS, DALE CHAPMAN, RONALD POFI, MAJOR DONNIS, ROBBIE PINDEL, BOZAK, WILLIAM EMERICK, LOUIS LEON, RUBEL, and STANTON. The Motion for Summary Judgment should be granted only as it relates to Defendant Onorato. The motion for summary judgment should be denied as it relates to all other defendants. Objections to R&R due by 8/18/2016. Signe
September 14, 2016
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n 9/14/2016. (smc)MEMORANDUM OPINION re 489 REPORT AND RECOMMENDATION re 456 MOTION for Summary Judgment filed by ROBERT BEVERIDGE, DAN ONORATO, CRAPIS, MCCALL, RAMON RUSTIN, KAVALS, DALE CHAPMAN, RONALD POFI, MAJOR DONNIS, ROBBIE PINDEL, BOZAK, WILLIAM EMERICK, LOUI, 456 MOTION for Summary Judgment filed by ROBERT BEVERIDGE, DAN ONORATO, CRAPIS, MCCALL, RAMON RUSTIN, KAVALS, DALE CHAPMAN, RONALD POFI, MAJOR DONNIS, ROBBIE PINDEL, BOZAK, WILLIAM EMERICK, LOUIS LEON, RUBEL, STANTON. After review of the pleadings, documents in the case and the objections, together with the comprehensive Report and Recommendation, an appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti o
September 14, 2016
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ORDER granting in part and denying in part 456 Motion for Summary Judgment; adopting Report and Recommendations re 489 Report and Recommendations. 456 Motion for Summary Judgment is GRANTED only as it relates to Defendant Dan Onorato. The Motion is DENIED as it relates to Defendants Robert Beveridge, Bozak, Dale Chapman, Crapis, Major Donnis, William Emerick, Kavals, Louis Leon, McCall, Robert Pindel, Ronald Pofi, Rubel, Ramon Rustin, and Stanton. IT IS FURTHER ORDERED that the 489 Report and Recommendation of Magistrate Judge Lenihan, dated August 1, 2016, is adopted as the opinion of the court. Signed by Chief Judge Joy Flowers Conti on 9/14/2016. (smc)
May 10, 2017
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MEMORANDUM OPINION setting forth the reasons the renewed motion for the court to issue subpoenas 539 will be DENIED with prejudice. An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 5/10/2017. (kjm)
January 16, 2018
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OPINION setting forth the reasons the motion for stay and waiver of bond requirement 677 will be GRANTED, the motions for a writ of execution 665 666 will be denied as premature, and the motion for reconsideration 664 will be denied. An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 1/16/2018. (kjm)