Pennsylvania Middle District Court
Judge:Karoline Mehalchick
Case #: 3:22-cv-01501
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Sep 26, 2022
Last checked: Saturday Mar 25, 2023 5:39 AM EDT
Defendant
Robert McHugh
Represented By
Mary Katherine M. Yarish
Pa Office Of Attorney General Litigation Section
contact info
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info
Defendant
Michael J. Mulvey
Represented By
Mary Katherine M. Yarish
Pa Office Of Attorney General Litigation Section
contact info
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info
Defendant
Erik L. Olsen
Represented By
Mary Katherine M. Yarish
Pa Office Of Attorney General Litigation Section
contact info
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info
Defendant
Brian M. Zarallo
Represented By
Mary Katherine M. Yarish
Pa Office Of Attorney General Litigation Section
contact info
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info
Plaintiff
Joseph John Slack
Represented By
Sal Cognetti, Jr.
Cognetti & Cimini
contact info
Vincent S. Cimini
Cognetti & Cimini
contact info
Sarah R Lloyd
Cognetti & Cimini
contact info
TERMINATED PARTIES
Defendant
Office of Attorney General
Terminated: 01/03/2023
Represented By
Mary Katherine M. Yarish
Pa Office Of Attorney General Litigation Section
contact info
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info
Defendant
Pennsylvania State Police
Terminated: 01/03/2023
Represented By
Nicole R DiTomo
Pennsylvania Office Of Attorney General
contact info

GPO Jun 03 2024
MEMORANDUM (Order to follow as separate docket entry) re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] filed by Robert McHugh, Brian M. Zarallo, Michael J. Mulvey, Erik L. Olsen Signed by Honorable Karoline Mehalchick on 6/3/2024. (cw)

Docket last updated: 1 hours ago
Monday, September 09, 2024
42 42 1 pgs order Order Mon 09/09 7:36 PM
CIVIL PRACTICE ORDER - Use of Generative Artificial Intelligence ("AI"). See Order for details. Signed by Honorable Karoline Mehalchick on 9/9/2024. (cd)
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Wednesday, August 21, 2024
41 41 appeal USCA Order Reinstating Appeal (Reopens Appeal) Wed 08/21 7:39 AM
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Monday, August 05, 2024
40 40 appeal USCA Certified Order In Lieu of Formal Mandate (Terminates Appeal) Mon 08/05 7:44 AM
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Monday, June 24, 2024
38 38 appeal Notice of Appeal Mon 06/24 6:42 AM
NOTICE OF APPEAL in NON-PRISONER Case as to36 Memorandum (Order to follow as separate docket entry),37 Order on Motion to Dismiss for Failure to State a Claim, by Joseph John Slack. Filing Fee and Docket Fee PAID. Filing fee $ 605, receipt number APAMDC-6676574. 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. (Cimini, Vincent)
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Monday, June 03, 2024
37 37 1 pgs order Order on Motion to Dismiss for Failure to State a Claim Mon 06/03 1:24 PM
ORDER granting19 Motion to Dismiss for Failure to State a Claim - IT IS HEREBY ORDERED that Defendants motion to dismiss (Doc. 19) is GRANTED and Count I and Count II of Plaintiff Joesph John Slacks (Slack) amended complaint are DISMISSED WITHOUT PREJUDICE. (Doc. 14). Slack is granted 21 days to file a second amended complaint, on or before June 24, 2024. Signed by Honorable Karoline Mehalchick on 6/3/2024 (cw)
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36 36 12 pgs order Memorandum (Order to follow as separate docket entry) Mon 06/03 1:23 PM
MEMORANDUM (Order to follow as separate docket entry) re19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] filed by Robert McHugh, Brian M. Zarallo, Michael J. Mulvey, Erik L. Olsen Signed by Honorable Karoline Mehalchick on 6/3/2024. (cw)
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Friday, April 05, 2024
35 35 misc Attorney Withdrawal of Appearance Fri 04/05 11:52 AM
WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Nicole R DiTomo terminated on behalf of Office of Attorney General, McHugh, Olsen, Zarallo, Mulvey. (DiTomo, Nicole)
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Wednesday, March 06, 2024
33 33 1 pgs order Order on Motion for Extension of Time to Complete Discovery Order on Motion to Stay Wed 03/06 9:57 AM
ORDER granting31 Motion for Extension of Time to Complete Discovery; denying25 Motion to Stay - IT IS HEREBY ORDERED THAT: 1. Defendants motion to stay discovery (Doc. 25) is DENIED without prejudice; and 2. The unopposed motion for extension of time to complete discovery (Doc. 31) is GRANTED. Case management deadlines, including for completion of discovery, will be established upon resolution of the pending motion to dismiss. Signed by Honorable Karoline Mehalchick on 3/6/2024 (cw)
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Friday, March 01, 2024
32 32 misc Attorney Withdrawal of Appearance Fri 03/01 12:43 AM
WITHDRAWAL OF ATTORNEY APPEARANCE - on behalf of Joseph John Slack. (Lloyd, Sarah)
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Thursday, February 29, 2024
31 31 motion Extension of Time to Complete Discovery Thu 02/29 11:07 PM
Unopposed MOTION for Extension of Time to Complete Discovery by Joseph John Slack.(Cognetti, Sal)
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Att: 1 Certificate of Concurrence,
Att: 2 Proposed Order
Wednesday, February 28, 2024
30 30 order Scheduling Order Wed 02/28 8:18 AM
SCHEDULING ORDER: Telephone Status Conference set for 3/6/2024 08:30 AM before Honorable Karoline Mehalchick. Signed by Honorable Karoline Mehalchick on 2/28/2024. (cw)
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Friday, February 23, 2024
order Verbal Order Reassigning Case Fri 02/23 10:01 AM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Karoline Mehalchick for all further proceedings. (jw)
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Tuesday, September 12, 2023
29 29 respm Brief in Opposition (Do not use for Summary Judgment Motions) Tue 09/12 5:09 PM
BRIEF IN OPPOSITION re25 MOTION to Stay Discovery filed by Joseph John Slack.(Lloyd, Sarah)
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28 28 2 pgs order Order on Motion for Extension of Time to Complete Discovery Tue 09/12 1:37 PM
ORDER GRANTING27 Motion for Extension of Time to Complete Discovery Fact Discovery due by 3/1/2024; Plaintiff Expert Report by 4/1/2024; Defendant Expert Report by 4/15/2024; Supplemental Expert Report by 5/1/2024; Expert Discovery by 7/1/2024; and Dispositive Motions due by 3/15/2024. Signed by Honorable Malachy E Mannion on 09/12/2023 (gg)
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Friday, September 01, 2023
27 27 motion Extension of Time to Complete Discovery Fri 09/01 2:42 PM
MOTION for Extension of Time to Complete Discovery by Joseph John Slack.(Lloyd, Sarah)
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Att: 1 Exhibit(s),
Att: 2 Proposed Order,
Att: 3 Certificate of Nonconcurrence
Monday, August 28, 2023
26 26 respm Brief in Support (Do not use for Summary Judgment Motions) Mon 08/28 2:19 PM
BRIEF IN SUPPORT re25 MOTION to Stay Discovery filed by Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo.(DiTomo, Nicole)
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25 25 motion Stay Mon 08/28 1:14 PM
MOTION to Stay Discovery by Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo.(DiTomo, Nicole)
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Att: 1 Proposed Order
Monday, August 14, 2023
misc Docket Annotation Mon 08/14 2:41 PM
DOCKET ANNOTATION: Counsel are reminded of the following: Counsel shall not cease active discovery pending disposition of any pretrial motions, including, but not limited to, motions to dismiss. (gg)
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Thursday, August 10, 2023
24 24 misc Letter Thu 08/10 5:40 PM
Letter from Plaintiff's Counsel requesting discovery conference .(Lloyd, Sarah)
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Att: 1 Exhibit(s)
Tuesday, April 25, 2023
23 23 1 pgs order Order on Motion to Dismiss Tue 04/25 2:24 PM
ORDER DISMISSING AS MOOT9 Motion to Dismiss Signed by Honorable Malachy E Mannion on 04/25/2023 (gg)
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Thursday, February 23, 2023
22 22 respm Reply Brief Thu 02/23 3:33 PM
REPLY BRIEF re19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] filed by Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo.(DiTomo, Nicole)
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Wednesday, February 08, 2023
21 21 respm Brief in Opposition (Do not use for Summary Judgment Motions) Wed 02/08 11:58 PM
BRIEF IN OPPOSITION re19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] filed by Joseph John Slack.(Lloyd, Sarah)
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Wednesday, January 18, 2023
20 20 respm Brief in Support (Do not use for Summary Judgment Motions) Wed 01/18 8:49 PM
BRIEF IN SUPPORT re19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] filed by Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo.(DiTomo, Nicole)
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Att: 1 Unpublished Opinion(s)
19 19 motion Dismiss for Failure to State a Claim Wed 01/18 8:47 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Amended Complaint [Doc. 14] by Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo.(DiTomo, Nicole)
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Att: 1 Proposed Order
Tuesday, January 10, 2023
18 18 order Case Management Order - Standard Track Tue 01/10 1:19 PM
ORDER - STANDARD CASE MANAGEMENT TRACKJoining of Additional Parties by Plaintiff is 1/3/2023 and by Defendant is 1/24/2023; Amendment of Pleadings by 2/1/2023; Fact Discovery due by 9/1/2023; Plaintiff Expert Report is due by 10/1/2023; Defendant Expert Report is due by 10/15/2023; Supplemental due by 11/1/2023; Expert Discovery Deadline is due by 1/1/2024; and Dispositive Motions due by 9/15/2023. Signed by Honorable Malachy E Mannion on 01/10/2023. (gg)
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Wednesday, January 04, 2023
16 16 misc Case Management Plan Wed 01/04 1:30 PM
CASE MANAGEMENT PLAN by Joseph John Slack. (Lloyd, Sarah)
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15 15 respm Brief in Opposition (Do not use for Summary Judgment Motions) Wed 01/04 1:33 AM
BRIEF IN OPPOSITION re9 MOTION to Dismiss filed by Joseph John Slack.(Lloyd, Sarah)
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Tuesday, January 03, 2023
14 14 cmp Amended Complaint Tue 01/03 11:52 PM
AMENDED COMPLAINT against Robert McHugh, Michael J. Mulvey, Erik L. Olsen, Brian M. Zarallo, filed by Joseph John Slack.(Lloyd, Sarah)
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Wednesday, December 28, 2022
13 13 1 pgs order Order on Motion to Extend Time Wed 12/28 3:44 PM
ORDER granting12 Motion to Extend Time ; Pltf shall file a brief in opposition to Defts' Motion to Dismiss9 on or before Jan 3, 2023; Signed by Honorable Malachy E Mannion on 12/28/22 (ep)
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12 12 motion Extension of Time Wed 12/28 12:22 PM
MOTION for Extension of Time to File Brief in Opposition to Motion to Dismiss by Joseph John Slack.(Lloyd, Sarah)
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Att: 1 Certificate of Concurrence,
Att: 2 Proposed Order
Thursday, December 22, 2022
11 11 order Scheduling Order Thu 12/22 10:13 AM
SCHEDULING ORDER: Case Management Conference set for 1/10/2023 11:00 AM via telephone before Honorable Malachy E Mannion. Signed by Honorable Malachy E Mannion on 12/22/2022. (gg)
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Tuesday, December 13, 2022
10 10 respm Brief in Support (Do not use for Summary Judgment Motions) Tue 12/13 4:42 PM
BRIEF IN SUPPORT re9 MOTION to Dismiss filed by Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Pennsylvania State Police, Brian M. Zarallo.(DiTomo, Nicole)
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Att: 1 Unpublished Opinion(s)
9 9 motion Dismiss Tue 12/13 4:40 PM
MOTION to Dismiss by Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Pennsylvania State Police, Brian M. Zarallo.(DiTomo, Nicole)
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Att: 1 Proposed Order
Wednesday, December 07, 2022
8 8 misc Letter Wed 12/07 3:27 PM
Letter to parties from Malachy E. Mannion, Judge (gg)
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Monday, November 28, 2022
order Verbal Order Reassigning Case Mon 11/28 2:00 PM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Malachy E Mannion for all further proceedings. (jkc)
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Tuesday, November 22, 2022
7 7 misc Consent Form Sent (For Direct Assignment Cases to Magistrate Judges) Tue 11/22 10:33 AM
CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Brian M. Zarallo YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 12/22/2022 (ms)
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6 6 misc Consent Form Sent (For Direct Assignment Cases to Magistrate Judges) Tue 11/22 10:32 AM
CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Joseph John Slack YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 12/22/2022 (ms)
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Monday, November 21, 2022
5 5 service Waiver of Service Executed Mon 11/21 4:28 PM
WAIVER OF SERVICE Returned by Brian M. Zarallo, Robert McHugh, Erik L. Olsen, Michael J. Mulvey, Office of Attorney General. Brian M. Zarallo waiver sent on 10/14/2022, answer due 12/13/2022; Robert McHugh waiver sent on 10/14/2022, answer due 12/13/2022; Erik L. Olsen waiver sent on 10/14/2022, answer due 12/13/2022; Michael J. Mulvey waiver sent on 10/14/2022, answer due 12/13/2022; Office of Attorney General waiver sent on 10/14/2022, answer due 12/13/2022. (DiTomo, Nicole)
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4 4 notice Attorney Appearance - Entry of Appearance Mon 11/21 4:22 PM
NOTICE of Appearance by Mary Katherine M. Yarish on behalf of Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Brian M. Zarallo (Yarish, Mary Katherine)
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3 3 notice Attorney Appearance - Entry of Appearance Mon 11/21 4:19 PM
NOTICE of Appearance by Nicole R DiTomo on behalf of Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Brian M. Zarallo (DiTomo, Nicole)
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Monday, September 26, 2022
2 2 service Summons Issued Mon 09/26 3:36 PM
Summons Issued as to Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Pennsylvania State Police, Brian M. Zarallo and provided TO ATTORNEY ELECTRONICALLY VIA ECF 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 the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (ao)
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Att: 1 Summons Packet
1 1 cmp Complaint Mon 09/26 3:35 PM
COMPLAINT against Robert McHugh, Michael J. Mulvey, Office of Attorney General, Erik L. Olsen, Pennsylvania State Police, Brian M. Zarallo ( Filing fee $402, Receipt Number APAMDC-6070264), filed by Joseph John Slack.(ao)
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Att: 1 Civil Cover Sheet