Mills v. Pivot Occupational Health et al
| Delaware District Court | |
| Judge: | Maryellen Noreika |
| Case #: | 1:21-cv-00846 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Jun 11, 2021 |
| Terminated: | Apr 29, 2022 |
| Case in other court: | DE Superior Court, N21C-03-00232-WCC |
| Last checked: Wednesday Dec 08, 2021 4:00 AM EST |
|
Defendant
Kristen Crispen
|
|
|
Defendant
Officer Timothy Hader
|
Represented By
|
|
Defendant
Pivot Occupational Health
|
Represented By
|
|
Defendant
Pivot Physical Therapy
|
Represented By
|
|
Defendant
Officer David Winch
|
Represented By
|
|
Plaintiff
Lawrence Justin Mills
705 Winhall Way
Silver Spring, MD 20904 |
|
| TERMINATED PARTIES | |
|
Defendant
Osborne Social Ventures, LLC
Terminated: 06/22/2021
|
Represented By
|
GPO
Feb 15 2022
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 2/15/2022. ***Copy mailed to Pro Se Plaintiff and Defendant Crispen 2/15/2022*** (dlw) |
| Docket last updated: 3 hours ago |
| Friday, January 20, 2023 | ||
| 40 | 40
appeal
USCA Mandate
Fri 01/20 12:09 PM
MANDATE of USCA as to38 Notice of Appeal (Third Circuit) filed by Lawrence Justin Mills. USCA Decision: Affirmed.(kr) |
|
|
Att: 1
Mandate Letter,
|
||
|
Att: 2
Opinion
|
||
| Thursday, May 05, 2022 | ||
|
appeal
- APPEAL - Credit Card Payment (Attorneys Only)
Thu 05/05 3:47 PM
APPEAL - Credit Card Payment of $505.00 received re39 USCA Notice of Docketing ROA,38 Notice of Appeal (Third Circuit) filed by Lawrence Justin Mills. ( Filing fee $505, receipt number ADEDC-3867493.) (Mills, Lawrence) |
||
| Friday, April 29, 2022 | ||
| 39 | 39
appeal
- - Notice of Docketing ROA - 3rd Circuit
Fri 04/29 4:20 PM
NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re38 Notice of Appeal (Third Circuit) filed by Lawrence Justin Mills. USCA Case Number 22-1817 USCA Case Manager: Pamela (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (pb, ) |
|
| 38 | 38
appeal
- NOTICE OF APPEAL - Third Circuit
Fri 04/29 1:35 PM
NOTICE OF APPEAL of26 Order,,,25 Memorandum Opinion . Appeal filed by Lawrence Justin Mills. (Mills, Lawrence) |
|
|
utility
Terminate Case - Civil
Fri 04/29 9:26 AM
CASE CLOSED (dlw) |
||
| Thursday, April 28, 2022 | ||
| 37 | 37
misc
Stipulation of Dismissal
Thu 04/28 4:55 PM
STIPULATION of Dismissal with Prejudice by Pivot Occupational Health. (Giordano, Phillip) |
|
| Tuesday, March 29, 2022 | ||
| 36 | 36
discov
Notice of Service
Tue 03/29 2:33 PM
NOTICE OF SERVICE of Pivot Occupational Healths Answers to Plaintiffs First Interrogatories, Pivot Occupational Healths Responses to Plaintiffs First Requests for Production of Documents and Things, and Pivot Occupational Healths Answers to Plaintiffs First Requests for Admissions re31 Request for Admissions,30 Interrogatories Propounded,29 Request for Production of Documents filed by Pivot Occupational Health, Pivot Physical Therapy.(Giordano, Phillip) |
|
| Friday, March 18, 2022 | ||
| 34 | 34
respm
Response to Motion
Fri 03/18 12:50 AM
RESPONSE to Motion re33 MOTION to Amend/Correct10 Answer to Complaint filed by Lawrence Justin Mills. (Mills, Lawrence) |
|
|
order
Oral Order
Fri 03/18 1:41 PM
ORAL ORDER - Having reviewed33 Pivot's Motion for leave to amend answer to add a statute of limitations affirmative defense,34 Plaintiff's response thereto, and28 Plaintiff's Response to the Court's Order to Show Cause, IT IS HEREBY ORDERED that Pivot's motion is DENIED. On the current record, it appears that Plaintiff timely filed his complaint with the Superior Court. Should discovery prove otherwise, Pivot may seek leave to amend at a later date. ORDERED by Judge Maryellen Noreika on 3/18/2022. (dlw) |
||
| Thursday, March 17, 2022 | ||
| 33 | 33
motion
Amend/Correct
Thu 03/17 4:47 PM
MOTION to Amend/Correct10 Answer to Complaint - filed by Pivot Occupational Health, Pivot Physical Therapy.(Giordano, Phillip) |
|
|
Att: 1
Proposed First Amended Answer,
|
||
|
Att: 2
Exhibit 1,
|
||
|
Att: 3
Exhibit 2,
|
||
|
Att: 4
Text of Proposed Order,
|
||
|
Att: 5
Certificate of Service
|
||
| Sunday, March 13, 2022 | ||
| 32 | 32
discov
Interrogatories Propounded
Sun 03/13 3:11 AM
INTERROGATORIES Propounded to Pivot Physical Therapy filed by Lawrence Justin Mills.(Mills, Lawrence) |
|
| 31 | 31
discov
Request for Admissions
Sun 03/13 1:46 AM
REQUEST for Admissions directed to Pivot Occupational Health filed by Lawrence Justin Mills.(Mills, Lawrence) |
|
| Sunday, February 27, 2022 | ||
| 30 | 30
discov
Interrogatories Propounded
Sun 02/27 8:33 PM
INTERROGATORIES Propounded to Pivot Occupational Health filed by Lawrence Justin Mills.(Mills, Lawrence) |
|
| Saturday, February 26, 2022 | ||
| 29 | 29
discov
Request for Production of Documents
Sat 02/26 2:39 PM
REQUEST for Production of Documents directed to Pivot Occupational Health filed by Lawrence Justin Mills.(Mills, Lawrence) |
|
| Friday, February 18, 2022 | ||
| 28 | 28
respm
Response to Order
Fri 02/18 1:33 PM
RESPONSE to Order re26 Order to Show Cause filed by Lawrence Justin Mills. (Mills, Lawrence) Modified on 2/18/2022 (mdb) |
|
| Tuesday, February 15, 2022 | ||
| 27 | 27
order
Scheduling Order - General
Tue 02/15 12:40 PM
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/17/2022. Amended Pleadings due by 3/17/2022. Discovery due by 6/30/2022. Dispositive Motions due by 8/1/2022. Answering Brief due 8/29/2022. Reply Brief due 9/12/2022. Signed by Judge Maryellen Noreika on 2/15/2022. ***Copy mailed to Pro Se Plaintiff and Defendant Crispen 2/15/2022*** (dlw) |
|
| 26 | 26
1
pgs
order
Order
Tue 02/15 12:37 PM
ORDER re25 Memorandum Opinion GRANTING11 motion to dismiss filed by Defendants Officer David Winch and Officer Timothy Hader and dismissing Counts I, II, IV, V, and VI of the Complaint as to these Defendants and DENYING24 Plaintiff's motion for default judgment as to Kristen Crispen. IT IS FURTHER ORDERED that, as the Court believes the claims against Kristen Crispen may be time-barred, on or before March 1, 2022, Plaintiff shall show cause why the claims against Ms. Crispen are not time-barred. Failure to do so may result in the Court entering summary judgment in Ms. Crispen's favor pursuant to Rule 56(f) of the Federal Rules of Civil Procedure. Signed by Judge Maryellen Noreika on 2/15/2022. ***Copy mailed to Pro Se Plaintiff and Defendant Crispen 2/15/2022*** (dlw) |
|
| 25 | 25
11
pgs
order
Opinion - Memorandum Opinion
Tue 02/15 12:34 PM
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 2/15/2022. ***Copy mailed to Pro Se Plaintiff and Defendant Crispen 2/15/2022*** (dlw) |
|
|
utility
Case Referred to Mediation - Magistrate Judge only
Tue 02/15 2:30 PM
CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at[LINK:https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf] (Taylor, Daniel) ***Copy mailed to Pro Se Plaintiff and Defendant Crispen 2/15/2022*** Modified on 2/15/2022 (Taylor, Daniel) |
||
| Sunday, November 28, 2021 | ||
| 24 | 24
motion
Default Judgment
Sun 11/28 5:22 PM
MOTION for Default Judgment as to Kristen Crispen - filed by Lawrence Justin Mills.(Mills, Lawrence) |
|
|
Att: 1
Exhibit,
|
||
|
Att: 2
Text of Proposed Order
|
||
| Friday, October 29, 2021 | ||
|
order
SO ORDERED
Fri 10/29 10:17 AM
SO ORDERED re23 MOTION for Pro Hac Vice Appearance of Attorney Steven A. Brown, Esq. filed by Pivot Occupational Health, Pivot Physical Therapy. ORDERED by Judge Maryellen Noreika on 10/29/2021. (dlw) |
||
| Thursday, October 28, 2021 | ||
| 23 | 23
motion
Appear Pro Hac Vice
Thu 10/28 12:48 PM
MOTION for Pro Hac Vice Appearance of Attorney Steven A. Brown, Esq. - filed by Pivot Occupational Health, Pivot Physical Therapy.(Giordano, Phillip) |
|
|
Att: 1
Certificate of Service to Motion and Order for Admission Pro Hac Vice of Steven A. Brown, Esq.
|
||
| 22 | 22
notice
Notice - Other
Thu 10/28 12:33 PM
NOTICE of Withdrawal of Counsel (John M. Gilman) by Pivot Occupational Health, Pivot Physical Therapy(Giordano, Phillip) Modified on 10/28/2021 (dlw) |
|
|
Att: 1
Certificate of Service
|
||
| Wednesday, August 11, 2021 | ||
| 21 | 21
order
Default Entered by the Clerk
Wed 08/11 11:57 AM
Clerk's ENTRY OF DEFAULT as to Kristen Crispen - Re:13 Request for Default filed by Lawrence Justin Mills. (asw) |
|
| Monday, July 26, 2021 | ||
| 20 | 20
misc
Letter
Mon 07/26 11:24 AM
Letter - re13 REQUEST for Default as to Kristen Crispen. (Mills, Lawrence) |
|
| Sunday, July 18, 2021 | ||
| 19 | 19
misc
Proposed Order
Sun 07/18 2:27 PM
Proposed PROPOSED ORDER Proposed Order re17 Answering Brief in Opposition by Lawrence Justin Mills. (Mills, Lawrence) |
|
| Friday, July 16, 2021 | ||
| 18 | 18
respm
Brief - Reply
Fri 07/16 10:04 AM
REPLY BRIEF re11 MOTION to Dismiss for Failure to State a Claim filed by Timothy Hader, David Winch.(Moore, Aaron) |
|
|
Att: 1
Certificate of Service
|
||
| Monday, July 12, 2021 | ||
| 17 | 17
respm
Brief - Answering Brief in Opposition
Tue 07/13 10:51 AM
ANSWERING BRIEF in Opposition re11 MOTION to Dismiss for Failure to State a Claim ,13 REQUEST for Default as to Kristen Crispen filed by Lawrence Mills. Reply Brief due date per Local Rules is 7/19/2021. (smg) |
|
|
utility
Add Attorneys - PHV only
Mon 07/12 12:03 PM
Pro Hac Vice Attorney John M. Gilman for Pivot Occupational Health, and for Pivot Physical Therapy added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
||
| Friday, July 09, 2021 | ||
| 16 | 16
1
pgs
order
Order on Motion for Leave to File
Fri 07/09 11:57 AM
ORDER GRANTING14 Motion for Authorization to File Electronically. Signed by Judge Maryellen Noreika on 7/9/2021. ***Copy mailed to Pro Se Plaintiff 7/9/2021*** (dlw) |
|
| Thursday, July 08, 2021 | ||
|
order
SO ORDERED
Thu 07/08 9:33 AM
SO ORDERED re15 MOTION for Pro Hac Vice Appearance of Attorney John M. Gilman, Esq. filed by Pivot Occupational Health, Pivot Physical Therapy. ORDERED by Judge Maryellen Noreika on 7/8/2021. ***Copy mailed to Pro Se Plaintiff 7/8/2021*** (dlw) |
||
| Wednesday, July 07, 2021 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Wed 07/07 4:53 PM
MOTION for Pro Hac Vice Appearance of Attorney John M. Gilman, Esq. - filed by Pivot Occupational Health, Pivot Physical Therapy. (Giordano, Phillip) |
|
| 14 | 14
motion
Leave to File Document
Wed 07/07 3:36 PM
MOTION for Authorization to File Electronically - filed by Lawrence Mills.(cna, ) |
|
|
Att: 1
Text of Proposed Order
|
||
| 13 | 13
motion
Default (Request for Clerk's Entry of Default)
Wed 07/07 3:33 PM
REQUEST for Entry of Default as to Kristen Crispen - filed by Lawrence Mills.(cna, ) |
|
|
Att: 1
Exhibit 1-2
|
||
|
utility
- CORRECTING ENTRY
Wed 07/07 9:20 AM
CORRECTING ENTRY: The main document at D.I. 12 has been replaced on the docket at the request of counsel to correct page 10. (dlw) |
||
| Tuesday, July 06, 2021 | ||
|
utility
- CORRECTING ENTRY
Tue 07/06 9:59 AM
CORRECTING ENTRY: Attachment #1 to D.I. 12 has been replaced on the docket. The attachment now contains exhibits A - E. (dlw) |
||
| Friday, July 02, 2021 | ||
| 12 | 12
respm
Brief - Opening Brief in Support
Fri 07/02 3:20 PM
OPENING BRIEF in Support re11 MOTION to Dismiss for Failure to State a Claim filed by Timothy Hader, David Winch.Answering Brief/Response due date per Local Rules is 7/16/2021.(Moore, Aaron) |
|
|
Att: 1
Exhibit Exhibits A - D,
|
||
|
Att: 2
Certificate of Service
|
||
| 11 | 11
motion
Dismiss/Fail to State Claim
Fri 07/02 3:15 PM
MOTION to Dismiss for Failure to State a Claim - filed by Timothy Hader, David Winch.(Moore, Aaron) |
|
|
Att: 1
Text of Proposed Order Proposed Order,
|
||
|
Att: 2
Certificate of Service
|
||
| 10 | 10
answer
Answer to Complaint
Fri 07/02 11:15 AM
ANSWER to Complaint by Pivot Occupational Health, Pivot Physical Therapy.(Giordano, Phillip) |
|
|
Att: 1
Certificate of Service to Answer
|
||
|
utility
- CORRECTING ENTRY
Fri 07/02 2:14 PM
CORRECTING ENTRY: D.I. 11 has been deleted from the docket due to improper filing and for not following Judge Noreika's Preferences and Procedures. The footnotes in the opening brief do not appear to be in 12-point type as required by Judge Noreika. Counsel is directed to fix the footnote text size and re-filed the papers in the proper manner. The motion should be filed as one D.I. number along with the proposed order, and certificate of service. The opening brief, exhibits, and its certificate of service should be filed as a separate D.I. number with the brief being the main document and the exhibits being filed as an attachment. (dlw) |
||
| Tuesday, June 22, 2021 | ||
| 9 | 9
order
SO ORDERED ~Util - Terminate Motions ~Util - Terminate Parties and their Attorneys
Tue 06/22 2:29 PM
SO ORDERED re8 Stipulation of Dismissal. Motions terminated:6 MOTION to Dismiss for Failure to State a Claim filed by Osborne Social Ventures, LLC. Party Osborne Social Ventures, LLC terminated. Attorney Cheneise Wright terminated. Signed by Judge Maryellen Noreika on 6/22/2021. ***Copy mailed to Pro Se Plaintiff 6/22/2021*** (dlw) |
|
| 8 | 8
misc
Stipulation of Dismissal
Tue 06/22 2:02 PM
STIPULATION of Dismissal of Osborne Social Ventures, LLC with Prejudice by Osborne Social Ventures, LLC. (Wright, Cheneise) Modified on 6/22/2021 (dlw) |
|
| Thursday, June 17, 2021 | ||
| 7 | 7
respm
Brief - Opening Brief in Support
Thu 06/17 5:36 PM
OPENING BRIEF in Support re6 MOTION to Dismiss for Failure to State a Claim filed by Osborne Social Ventures, LLC.Answering Brief/Response due date per Local Rules is 7/1/2021.(Wright, Cheneise) |
|
|
Att: 1
Exhibit A-D
|
||
| 6 | 6
motion
Dismiss/Fail to State Claim
Thu 06/17 5:32 PM
MOTION to Dismiss for Failure to State a Claim - filed by Osborne Social Ventures, LLC.(Wright, Cheneise) |
|
|
Att: 1
Text of Proposed Order
|
||
| Wednesday, June 16, 2021 | ||
| 5 | 5
motion
Stipulation to EXTEND Time
Wed 06/16 9:39 AM
STIPULATION TO EXTEND TIME DEADLINE TO RESPOND TO COMPLAINT to July 2, 2021 - filed by Timothy Hader, David Winch. (Moore, Aaron) |
|
|
utility
Case Assigned/Reassigned
Wed 06/16 11:57 AM
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
||
|
order
SO ORDERED ~Util - Set/Reset Answer Deadline
Wed 06/16 1:38 PM
SO ORDERED re5 STIPULATION TO EXTEND TIME DEADLINE TO RESPOND TO COMPLAINT to July 2, 2021 (Set/Reset Answer Deadlines: Timothy Hader answer due 7/2/2021; Pivot Occupational Health answer due 7/2/2021; Pivot Physical Therapy answer due 7/2/2021; David Winch answer due 7/2/2021). ORDERED by Judge Maryellen Noreika on 6/16/2021. ***Copy mailed to Pro Se Plaintiff 6/16/2021*** (dlw) |
||
| Tuesday, June 15, 2021 | ||
| 4 | 4
notice
Notice of Appearance
Tue 06/15 4:53 PM
NOTICE of Appearance by William M. Kelleher on behalf of Pivot Occupational Health, Pivot Physical Therapy (Kelleher, William) |
|
| 3 | 3
notice
Notice of Appearance
Tue 06/15 4:47 PM
NOTICE of Appearance by Phillip Anthony Giordano on behalf of Pivot Occupational Health, Pivot Physical Therapy (Giordano, Phillip) |
|
| Friday, June 11, 2021 | ||
| 2 | 2
misc
Magistrate Consent Forms
Fri 06/11 11:02 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) |
|
| 1 | 1
notice
Notice of Removal
Fri 06/11 11:02 AM
NOTICE OF REMOVAL and copies of documents from DE Superior Court, Case Number N21C-03-232-WCC (Filing fee $402, receipt number ADEDC-3633919)- filed by David Winch, Timothy Hader.(kmd) |
|
|
Att: 1
35 pgs
Exhibit A,
|
||
|
Att: 2
Certificate of Service,
|
||
|
Att: 3
Civil Cover Sheet
|
||