LAZARON v. TOWNSHIP OF FAWN et al
| Pennsylvania Western District Court | |
| Judge: | David S Cercone |
| Case #: | 2:20-cv-01285 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Aug 31, 2020 |
| Terminated: | Jul 14, 2021 |
| Last checked: Saturday Feb 27, 2021 5:27 AM EST |
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Defendant
TIMOTHY MAYBERRY
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Represented By
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Defendant
DAVID A. MONTINARI
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Represented By
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Defendant
DAVID A. NORRIS, SR.
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Represented By
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Defendant
TOWNSHIP OF FAWN
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Represented By
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Defendant
CHARLES VENESKY
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Represented By
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Plaintiff
KEITH F. LAZARON, II
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Represented By
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| TERMINATED PARTIES | |
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Evaluator
KENNETH J. BENSON
Terminated: 02/09/2021
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Represented By
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| 1. | Suspended Fawn police officer files federal lawsuit alleging violation of rights (triblive.com) |
| Submitted Wed 09/09/2020 | |
| Docket last updated: 11/22/2024 11:59 PM EST |
| Wednesday, July 14, 2021 | ||
| 30 | 30
1
pgs
order
Order ~Util - Terminate Civil Case
Wed 07/14 8:15 AM
ORDER granting29 Stipulation filed by TOWNSHIP OF FAWN. Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 7/14/2021. (kly) |
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| Tuesday, July 13, 2021 | ||
| 29 | 29
misc
Stipulation
Tue 07/13 4:42 PM
STIPULATION of Voluntary Dismissal by TOWNSHIP OF FAWN. (Brown, Sheryl) |
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| Monday, July 12, 2021 | ||
| 28 | 28
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 07/12 10:35 AM
ORDER - the Motion to Dismiss7 filed on behalf of Defendants, David A. Montinari, Charles Venesky, David A. Norris, Sr., and Timothy Mayberry, is DENIED as moot, such defendants having been dismissed from the case and denying the Motion to Dismiss filed on behalf of the Township of Fawn without prejudice to raise such issues at the summary judgment phase of the case. Defendant shall answer the Complaint within twenty-One (21) days of this Order. Signed by Judge David S. Cercone on 7/12/2021. (jmc) |
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| Monday, June 14, 2021 | ||
| 27 | 27
1
pgs
order
Order
Mon 06/14 8:19 AM
ORDER granting26 Stipulation filed by TOWNSHIP OF FAWN, CHARLES VENESKY, TIMOTHY MAYBERRY, DAVID A. NORRIS, SR. and DAVID A. MONTINARI. Signed by Judge David S. Cercone on 6/14/2021. (kly) |
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| Friday, June 11, 2021 | ||
| 26 | 26
misc
Stipulation
Fri 06/11 4:27 PM
STIPULATION of Voluntary Dismissal by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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| Tuesday, February 09, 2021 | ||
| 25 | 25
adr
Report of Early Neutral Evaluation
Tue 02/09 12:06 PM
REPORT of Early Neutral Evaluation Case has not resolved. KENNETH J. BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. ENE session was held held on 2/9/2021. (Benson, Kenneth) |
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| Thursday, January 14, 2021 | ||
| 24 | 24
4
pgs
order
Order
Thu 01/14 3:15 PM
ORDER implementing Rule 502(d) at the Joint Request of the Parties. Signed by Judge David S. Cercone on 1/14/2021. (kak) |
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| 23 | 23
utility
Corrective Entry
Thu 01/14 3:13 PM
CORRECTIVE ENTRY re22 Order Referring Case to Early Neutral Evaluation. Incorrect Order attached. Correct ENE Order now attached and filed. (kak) |
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| 22 | 22
order
Order Referring Case to Early Neutral Evaluation
Thu 01/14 3:08 PM
ORDER REFERRING CASE to Early Neutral Evaluation. Kenneth J. Benson, Esquire is appointed as an evaluator. ENE conference shall be conducted by 2/21/2021. The report of Evaluator shall be electronically filed within 7 days of the ENE conference. Sheryl L. Brown, Esquire is designated as lead counsel. Evaluator KENNETH J. BENSON is added. Signed by Judge David S. Cercone on 1/14/2021. (kak) |
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| 21 | 21
order
Case Management Order
Thu 01/14 3:00 PM
CASE MANAGEMENT ORDER: Post Discovery Status Conference to be scheduled upon motion of the parties. The parties shall move to amend pleadings or add new parties by 5/10/2021. Discovery ends 6/10/2021. Plaintiffs Pretrial Statement due by 7/12/2021. Defendants Pretrial Statement due by 8/12/2021. Pretrial Stipulation due by 8/23/2021. Motions for Summary Judgment due by 9/23/2021. Signed by Judge David S. Cercone on 1/14/2021. (kak) |
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| Monday, January 11, 2021 | ||
| 20 | 20
minutes
Case Management Conference
Mon 01/11 12:16 PM
Minute Entry for Case Management Conference held before Judge David S. Cercone on 1/11/2021: Sheryl L. Brown, Esq. appointed liaison counsel for ADR purposes. The parties have selected Mediation as the ADR Process and have selected Kenneth J. Benson, Esquire as the Neutral. The Mediation is scheduled for 2/12//21. Discovery to close on June 10, 2021. Case Management Order and FRE 502(d) Implementation Order to follow. (Court Reporter: None) (jmc) |
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| Monday, December 28, 2020 | ||
| 19 | 19
respm
Brief / Memorandum of Law in Support of Motion
Mon 12/28 3:52 PM
BRIEF in Support re7 Motion to Dismiss for Failure to State a Claim filed by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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| Monday, December 21, 2020 | ||
| 18 | 18
respm
Brief / Memorandum of Law in Opposition to Motion
Mon 12/21 4:58 PM
BRIEF in Opposition re7 Motion to Dismiss for Failure to State a Claim filed by KEITH F. LAZARON, II. (Alexander, Craig) |
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| 17 | 17
respm
Response to Motion
Mon 12/21 4:55 PM
RESPONSE to Motion re7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KEITH F. LAZARON, II. (Alexander, Craig) |
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| Monday, December 14, 2020 | ||
| 16 | 16
adr
Stipulation Selecting ADR process
Mon 12/14 4:16 PM
STIPULATION selecting ADR process by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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| 15 | 15
misc
Report of Rule 26(f) Planning Meeting
Mon 12/14 4:15 PM
REPORT of Rule 26(f) Planning Meeting. (Brown, Sheryl) |
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| Wednesday, December 09, 2020 | ||
| 14 | 14
order
Order on Motion to Modify
Wed 12/09 9:45 AM
ORDER denying as moot12 Motion to Modify. Signed by Judge David S. Cercone on 12/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmc) |
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| 13 | 13
2
pgs
order
Order
Wed 12/09 9:43 AM
ORDER - the Initial Case Management Conference scheduled for Monday, December 21, 2020, at 11:30 AM is rescheduled to Monday, January 11, 2021 at 11:30 AM and shall be held telephonically. All counsel who will be attending the conference shall email their direct dial telephone number to james_catanzarite@pawd.uscourts.gov on or before January 6, 2021. The Court will initiate the telephone call. Signed by Judge David S. Cercone on 12/9/2020. (jmc) |
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| Tuesday, December 08, 2020 | ||
| 12 | 12
motion
Modify
Tue 12/08 11:49 AM
MOTION to Modify 6 Initial Local Rule 16.1 Scheduling Order, by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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Att: 1
Proposed Order
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| Friday, December 04, 2020 | ||
| 11 | 11
1
pgs
order
Order on Motion for Extension of Time to File
Fri 12/04 7:45 AM
ORDER granting10 Motion for Extension of Time to File plaintiff's response and brief in opposition to defendants' motion to dismiss. Brief in Opposition due by 12/21/2020. Reply may be filed by 12/28/2020. Signed by Judge David S. Cercone on 12/4/2020. (kly) |
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| Thursday, December 03, 2020 | ||
| 10 | 10
motion
Extension of Time to File Document
Thu 12/03 4:15 PM
First MOTION for Extension of Time to File Response & Brief by KEITH F. LAZARON, II. (Alexander, Craig) |
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Att: 1
Proposed Order to Plaintiff's Motion to Extend filing date
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| Tuesday, November 03, 2020 | ||
| 9 | 9
1
pgs
order
Order Response/Briefing Schedule
Tue 11/03 8:22 AM
ORDER Response/Briefing Schedule re7 Motion to Dismiss for Failure to State a Claim and8 Brief in Support of Motion Plaintiff's Response to Motion due by 11/30/2020. Reply may be filed by 12/7/2020. Signed by Judge David S. Cercone on 11/3/2020. (kly) |
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| Monday, November 02, 2020 | ||
| 8 | 8
respm
Brief / Memorandum of Law in Support of Motion
Mon 11/02 4:45 PM
BRIEF in Support re7 Motion to Dismiss for Failure to State a Claim filed by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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Att: 1
Exhibit
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| 7 | 7
motion
Dismiss for Failure to State a Claim
Mon 11/02 4:44 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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Att: 1
Proposed Order
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| 6 | 6
order
Initial Local Rule 16.1 Scheduling Order
Mon 11/02 9:04 AM
INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Case Management Conference set for 12/21/2020 at 11:30 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 Meeting to be conducted on or before 12/7/2020. Rule 26 Meeting Report due by 12/14/2020. Stipulation Selecting ADR Process due by 12/14/2020. Signed by Judge David S. Cercone on 11/2/2020. (kly) |
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| Wednesday, September 23, 2020 | ||
| 5 | 5
service
Waiver of Service Executed
Wed 09/23 3:36 PM
WAIVER OF SERVICE Returned Executed by KEITH F. LAZARON, II. TIMOTHY MAYBERRY waiver sent on 9/2/2020, answer due 11/2/2020; DAVID A. MONTINARI waiver sent on 9/2/2020, answer due 11/2/2020; DAVID A. NORRIS, SR waiver sent on 9/2/2020, answer due 11/2/2020; TOWNSHIP OF FAWN waiver sent on 9/2/2020, answer due 11/2/2020; CHARLES VENESKY waiver sent on 9/2/2020, answer due 11/2/2020. (Alexander, Craig) |
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| Wednesday, September 16, 2020 | ||
| 4 | 4
adr
Notice of ADR Designation
Wed 09/16 11:30 AM
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) |
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| Tuesday, September 15, 2020 | ||
| 3 | 3
notice
Notice of Appearance
Tue 09/15 10:05 AM
NOTICE of Appearance by Brian C Conley on behalf of TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Conley, Brian) |
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| 2 | 2
notice
Notice of Appearance
Tue 09/15 10:03 AM
NOTICE of Appearance by Sheryl L. Brown on behalf of TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY. (Brown, Sheryl) |
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| Thursday, September 03, 2020 | ||
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utility
Add and Terminate Judges
Thu 09/03 12:08 PM
Judge Joy Flowers Conti no longer assigned to case. (jmm) |
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utility
Add and Terminate Judges
Thu 09/03 5:53 PM
Judge David S. Cercone added. (jmm) |
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| Monday, August 31, 2020 | ||
| 1 | 1
20
pgs
cmp
Complaint (for Clerk of Court personnel only)
Wed 09/02 12:52 PM
COMPLAINT against TIMOTHY MAYBERRY, DAVID A. MONTINARI, DAVID A. NORRIS, SR, TOWNSHIP OF FAWN, CHARLES VENESKY (Filing fee, including Administrative fee, $400, receipt number APAWDC-5866605), filed by KEITH F. LAZARON, II. (cel) |
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Att: 1
Civil Cover Sheet
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