PELZER V. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Pennsylvania Western District Court
Judge:Richard A Lanzillo
Case #: 1:20-cv-00325
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983pr Prisoner Civil Rights
Case Filed:Nov 17, 2020
Terminated:Mar 04, 2024
Defendant
D. OVERMYER
Defendant
FORMER SECRETARY JEFFREY BEARD
Defendant
LEWIS FOLINO
Defendant
MICHAEL CLARK
Defendant
PENNSYLVANIA DEPARTMENT OF CORRECTIONS
Defendant
SECRETARY JOHN WETZEL
Defendant
TABB BICKELL
Plaintiff
CAINE PELZER

GPO Feb 27 2024
OMNIBUS MEMORANDUM ORDER ON MOTIONS IN LIMINE. For the reasons stated in the attached memorandum order and fully stated on the record during the final pretrial conference (ECF No. 107), the Court (1) GRANTS in part and DENIES in part Plaintiff's motion to exclude Defendants' expert report (ECF No. 75); (2) GRANTS in part and DENIES in part Defendants' motion to exclude certain evidence and testimony regarding settlement discussions, grievances/lawsuits, and references to "solitary confinement" (ECF No. 83); (3) GRANTS in part and DENIES in part Defendants' motion to exclude evidence and testimony regarding Plaintiff's March 11, 2009 RRL placement (ECF No. 85); (4) DENIES Defendants' motion to exclude evidence and testimony regarding damages (ECF No. 87); (5) GRANTS Defendants' motion to admit evidence and testimony of Plaintiff's felony conviction, institutional misconducts, and gang involvement (ECF No. 89); and (6) DENIES as moot Plaintiff's motion to preclude Defendants from introducing testimony on certain subjects (ECF No. 101). Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 27, 2024. (rlh)
GPO Feb 28 2024
MEMORANDUM OPINION re 78 MOTION in Limine to Exclude Evidence related to Administrative Remedies filed by CAINE PELZER, 81 MOTION in Limine (First) to Exclude Evidence and Testimony of Unexhausted Claims by FORMER SECRETARY JEFFREY BEARD, TABB BICKELL, SECRETARY JOHN WETZEL. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/28/2024. (dlh)
Docket last updated: 3 hours ago
Monday, March 04, 2024
123 123 1 pgs order Order for Administrative Case Closing Mon 03/04 12:59 PM
ORDER The Court has been advised this day by counsel for all parties that a settlement has been reached and the only matter remaining to be completed is the submission of a stipulation for dismissal under Fed.R.Civ.P. 4l(a). It is therefore ORDERED that this case be Administratively Closed. Nothing contained in this Order shall be considered a dismissal or disposition of this matter, and Chief Magistrate Judge Richard A. Lanzillo will retain jurisdiction should further proceedings regarding settlement become necessary. Further, if a stipulation of dismissal has not been filed by Friday, May 3, 2024, the parties are ORDERED to file a status report with the Court. Signed by Chief Magistrate Judge Richard A. Lanzillo on 3/4/2024. (dlh)
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122 122 minutes Status Conference Mon 03/04 10:40 AM
Minute Entry. Today, March 4, 2024, the Court convened a voir dire conference prior to commencement of jury selection, during which the parties discussed certain legal issues likely to arise during the course of trial. In attendance were counsel for Defendants, Sen. Dep. Atty. Gen. Scott Bradley and Atty. Chase Defelice, and counsel for Plaintiff, Atty. John Mizner and Atty. Joe Caufield. (Court Reporter: none) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (rlh)
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Saturday, March 02, 2024
121 121 minutes Status Conference Motion Hearing Sat 03/02 12:16 PM
Minute Entry. Today, March 2, 2024, the Court convened a telephonic status conference to address Defendants' motion for reconsideration (ECF No. 118) of the Court's Order113 granting Plaintiff's motion to exclude evidence related to administrative remedies78 and denying Defendants' motion to exclude evidence and testimony of unexhausted claims81 . In attendance were counsel for Defendants, Attorney Scott A. Bradley and Attorney Chase M DeFelice, and counsel for Plaintiff, Attorney John F. Mizner and Attorney Joseph Caufield. For the reasons stated on the conference record, the Court granted Defendants' motion for reconsideration (ECF No. 118) and re-affirmed its Order at ECF No. 113 in its entirety. Further, and for the reasons stated on the conference record, the Court directed Defendants to disclose certain pre-trial documents to Plaintiff by today, March 2, 2024. (Court Reporter: Janis Ferguson) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (rlh)
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Friday, March 01, 2024
120 120 respoth Response in Opposition Fri 03/01 5:26 PM
RESPONSE IN OPPOSITION to118 Motion for Reconsideration, filed by CAINE PELZER. (Mizner, John)
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119 119 order Order ~Util - Set Hearings Fri 03/01 4:57 PM
ORDER. A telephonic status conference is hereby set for 3/2/2024 at 11:00 AM before Chief United States Magistrate Judge Richard A. Lanzillo to address Defendants' motion for reconsideration (ECF No. 118). The conference will be conducted via the Court's conference call system. Instructions for accessing the system have been emailed to Counsel separately. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on March 1, 2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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118 118 motion Reconsideration Fri 03/01 4:16 PM
MOTION for Reconsideration re113 Order on Motion in Limine,,,,,, Order on Motion for Hearing,, by TABB BICKELL, SECRETARY JOHN WETZEL. (Defelice, Chase)
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117 117 trial Witness List Fri 03/01 8:55 AM
Witness List by TABB BICKELL, SECRETARY JOHN WETZEL. (Bradley, Scott)
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Thursday, February 29, 2024
116 116 misc Exhibits in Support Thu 02/29 10:57 AM
EXHIBITS in Support of109 Brief in Support - Other by CAINE PELZER. (Mizner, John)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
115 115 order Order ~Util - Add and Terminate Parties Thu 02/29 10:02 AM
ORDER. Pursuant to Fed. R Civ. P. 41(a), Plaintiff Caine Pelzer, by his attorneys at the Mizner Law Firm, and Defendants by their counsel, Scott Bradley and Chase M. Defelice, hereby stipulate to the dismissal of all claims against Former Secretary Jeffrey Beard, with prejudice. ECF No. 114. It is so ORDERED. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 29, 2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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114 114 misc Stipulation Thu 02/29 8:44 AM
STIPULATION of Dismissal by CAINE PELZER. (Mizner, John)
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Wednesday, February 28, 2024
113 113 1 pgs order Order on Motion in Limine Order on Motion for Hearing Wed 02/28 3:05 PM
ORDER Defendants' Motion to Exclude Evidence and Testimony of Unexhausted Claims (ECF No.81 ), and Plaintiff's Motion to Exclude Evidence Related to Administrative Remedies (ECF No.78 ). For the reasons discussed in the accompanying Memorandum Opinion, Plaintiff's motion is GRANTED and Defendant's motion is DENIED. No evidence or argument regarding Defendants' affirmative defense of failure to exhaust administrative remedies shall be offered or admitted at trial. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/28/2024. (dlh)
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112 112 8 pgs order Memorandum Opinion Wed 02/28 3:00 PM
MEMORANDUM OPINION re78 MOTION in Limine to Exclude Evidence related to Administrative Remedies filed by CAINE PELZER,81 MOTION in Limine (First) to Exclude Evidence and Testimony of Unexhausted Claims by FORMER SECRETARY JEFFREY BEARD, TABB BICKELL, SECRETARY JOHN WETZEL. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/28/2024. (dlh)
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111 111 misc Consent to Trial by Mag. Judge OR District Judge Option Wed 02/28 10:11 AM
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by TABB BICKELL. (Bradley, Scott)
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Tuesday, February 27, 2024
110 110 respm Response to Motion Tue 02/27 4:29 PM
RESPONSE to Motion re74 MOTION in Limine to Exclude Evidence related to Administrative Remedies filed by TABB BICKELL, FORMER SECRETARY JEFFREY BEARD, SECRETARY JOHN WETZEL. (Defelice, Chase)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C,
Att: 4 Exhibit Exhibit D,
Att: 5 Exhibit Exhibit E
109 109 respm Brief / Memorandum of Law in Support - Other Tue 02/27 11:55 AM
BRIEF in Support of74 MOTION in Limine to Exclude Evidence related to Administrative Remedies filed by CAINE PELZER. (Mizner, John)
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108 108 6 pgs order Order on Motion in Limine Tue 02/27 10:33 AM
OMNIBUS MEMORANDUM ORDER ON MOTIONS IN LIMINE. For the reasons stated in the attached memorandum order and fully stated on the record during the final pretrial conference (ECF No. 107), the Court (1) GRANTS in part and DENIES in part Plaintiff's motion to exclude Defendants' expert report (ECF No.75 ); (2) GRANTS in part and DENIES in part Defendants' motion to exclude certain evidence and testimony regarding settlement discussions, grievances/lawsuits, and references to "solitary confinement" (ECF No.83 ); (3) GRANTS in part and DENIES in part Defendants' motion to exclude evidence and testimony regarding Plaintiff's March 11, 2009 RRL placement (ECF No.85 ); (4) DENIES Defendants' motion to exclude evidence and testimony regarding damages (ECF No.87 ); (5) GRANTS Defendants' motion to admit evidence and testimony of Plaintiff's felony conviction, institutional misconducts, and gang involvement (ECF No.89 ); and (6) DENIES as moot Plaintiff's motion to preclude Defendants from introducing testimony on certain subjects (ECF No.101 ). Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 27, 2024. (rlh)
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Monday, February 26, 2024
107 107 minutes Pretrial Conference - Final Mon 02/26 4:39 PM
Minute Entry. Today, February 26, 2024, the Honorable Chief United States Magistrate Judge Richard A. Lanzillo convened a Final Pretrial Conference. At the conference, the Court heard arguments on the parties' motions in limine, preliminarily ruled on the motions, and discussed logistics for trial, which is scheduled to begin Monday, March 4, 2024. In attendance at the conference were counsel for Defendants, Sen. Dep. Atty. Gen. Scott A. Bradley, and counsel for Plaintiff, Atty. John F. Mizner and Atty. Joseph Caufield. (Court Reporter: Janis Ferguson) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (rlh)
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