DEFREYTAS v. PRIME CARE MEDICAL, INC. et al

Pennsylvania Eastern District Court
Judge:	Mitchell S Goldberg
Case #:	2:22-cv-05263
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Dec 13, 2022
Re-opened:	Aug 31, 2023
Terminated:	Aug 31, 2023

Defendant CHESTER COUNTY DISTRICT ATTORNEY OFFICE
Defendant CHESTER COUNTY DRUG AND ALCOHOL
Defendant CHESTER COUNTY PRISON
Defendant CHESTER COUNTY PROBATION AND PAROLE DEPARTMENT
Defendant CHESTER COUNTY SHERIFF OFFICE
Defendant CHRISTOPHER DIAZ
Defendant ELMER SHELTON
Defendant ERIC WALSHBURGER
Defendant GEORGE E. ROBERTS
Defendant JENNIFER WRIGHT
Defendant JUDGE ANNE MARIE WHEATCRAFT
Defendant PRIME CARE MEDICAL, INC.
Defendant RITA MCGUANE
Defendant THE COUNTY OF CHESTER
Defendant TIM MULROONEY
Plaintiff JOEL CHARLES DEFREYTAS III

GPO Jul 12 2023
MEMORANDUM OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED. (va)

GPO Jul 12 2023
ORDER THAT THE CHESTER COUNTY DEFENDANTS MOTION TO DISMISS (DOC. NO. 11) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE D.AS OFFICE DEFENDANTS MOTION TO DISMISS (DOC. NO. 12) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE SHERIFFS OFFICE DEFENDANTS MOTION FOR JOINDER (DOC. NO. 15) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE PRIMECARE DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 24) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. DEFENDANT JUDGE ANNE MARIE WHEATCRAFTS MOTION TO DISMISS (DOC. NO. 25) IS GRANTED AND ALL CLAIMS AGAINST HER ARE DISMISSED WITH PREJUDICE. PLAINTIFFS MOTION TO OBJECT TO DEFENDANTS MEMORANDUM, MOTION TO DISMISS, AND MOTION FOR JOINDER (DOC. NO. 16) IS DENIED. PLAINTIFFS MOTION TO REQUEST THE CLERK FOR ENTRY OF DEFAULT (DOC. NO. 26) IS DENIED. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED. (va)

Docket last updated: 05/26/2025 11:59 PM EDT

Thursday, August 31, 2023
32		32 1 pgs order Order on Motion for Reconsideration Order on Motion for Order Thu 08/31 10:26 AM ORDER THAT PLAINTIFFS MOTION TO OBJECT TO ORDER AND TO RECONSIDER (DOC. NO. 31), IS DENIED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/31/23.8/31/23 ENTERED AND COPIES E-MAILED.(jaa, ) Related: [-]
Wednesday, August 30, 2023
31		31 motion Reconsideration Order Thu 08/31 8:37 AM MOTION TO OBJECT ORDER DATED 12TH OF JULY, 2023 AND RECONSIDER filed by JOEL CHARLES DEFREYTAS, III.(jaa, ) Related: [-]
Wednesday, July 12, 2023
30		30 2 pgs order Memorandum and/or Opinion Order Wed 07/12 10:48 PM ORDER THAT THE CHESTER COUNTY DEFENDANTS MOTION TO DISMISS (DOC. NO.11 ) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE D.AS OFFICE DEFENDANTS MOTION TO DISMISS (DOC. NO.12 ) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE SHERIFFS OFFICE DEFENDANTS MOTION FOR JOINDER (DOC. NO.15 ) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. THE PRIMECARE DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO.24 ) IS GRANTED AND ALL CLAIMS AGAINST THESE DEFENDANTS ARE DISMISSED WITH PREJUDICE. DEFENDANT JUDGE ANNE MARIE WHEATCRAFTS MOTION TO DISMISS (DOC. NO.25 ) IS GRANTED AND ALL CLAIMS AGAINST HER ARE DISMISSED WITH PREJUDICE. PLAINTIFFS MOTION TO OBJECT TO DEFENDANTS MEMORANDUM, MOTION TO DISMISS, AND MOTION FOR JOINDER (DOC. NO.16 ) IS DENIED. PLAINTIFFS MOTION TO REQUEST THE CLERK FOR ENTRY OF DEFAULT (DOC. NO.26 ) IS DENIED. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED. (va) Related: [-]
29		29 15 pgs order Memorandum and/or Opinion Wed 07/12 10:45 PM MEMORANDUM OPINION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED. (va) Related: [-]
Thursday, April 27, 2023
28		28 respm Response to Motion Thu 04/27 3:14 PM RESPONSE to Motion re26 MOTION filed by JUDGE ANNE MARIE WHEATCRAFT.(ST. JOSEPH, GERI) Related: [-]
		Att: 1 Text of Proposed Order
27		27 respm Response in Opposition to Motion Thu 04/27 12:44 PM RESPONSE in Opposition re26 MOTION of Plaintiff to Request the Clerk for Entry of Default filed by CHRISTOPHER DIAZ, PRIME CARE MEDICAL, INC.. (NINOSKY, JOHN) Related: [-]
Tuesday, April 25, 2023
26		26 motion Miscellaneous Relief Wed 04/26 8:51 AM MOTION TO REQUEST THE CLERK FOR ENTRY OF DEFAULT IN ACCORDANCE WITH RULE 55 OF THE FRCP AS PER JUDGES ORDER FILED BY JOEL CHARLES DEFREYTAS, III.(mbh) Related: [-]
Friday, April 14, 2023
25		25 motion Dismiss Fri 04/14 3:59 PM MOTION to Dismiss Plaintiff's Complaint filed by JUDGE ANNE MARIE WHEATCRAFT.Certificate of Service and Memorandum of Law.(ST. JOSEPH, GERI) Related: [-]
		Att: 1 Text of Proposed Order
24		24 motion Judgment on the Pleadings Fri 04/14 3:23 PM MOTION for Judgment on the Pleadings filed by CHRISTOPHER DIAZ, PRIME CARE MEDICAL, INC..Brief in Support and Certificate of Service.(NINOSKY, JOHN) Related: [-]
		Att: 1 Brief
23		23 notice Notice of Appearance Fri 04/14 3:01 PM NOTICE of Appearance by GERI ROMANELLO ST. JOSEPH on behalf of JUDGE ANNE MARIE WHEATCRAFT with Certificate of Service(ST. JOSEPH, GERI) Related: [-]
22		22 answer Answer to Complaint Fri 04/14 10:07 AM ANSWER to1 Complaint, together with Affirmative Defenses by CHRISTOPHER DIAZ, PRIME CARE MEDICAL, INC..(NINOSKY, JOHN) Related: [-]
21		21 discov Disclosure Statement Form 7.1 Fri 04/14 10:06 AM Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRIME CARE MEDICAL, INC..(NINOSKY, JOHN) Related: [-]
20		20 notice Notice of Appearance Fri 04/14 10:04 AM NOTICE of Appearance by JOHN R. NINOSKY on behalf of CHRISTOPHER DIAZ, PRIME CARE MEDICAL, INC. with Certificate of Service(NINOSKY, JOHN) Related: [-]
Thursday, April 13, 2023
19		19 1 pgs order Order on Motion for Order Thu 04/13 1:16 PM ORDER THAT PLAINTIFFS MOTION TO ADDRESS DEFENDANTS NON-RESPONSE TO COURT ORDER (ECF NO. 18) IS DISMISSED AS MOOT. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/13/23.4/13/23 ENTERED AND COPIES E-MAILED.(jaa, ) Related: [-]
Wednesday, April 12, 2023
18		18 13 pgs motion Order Thu 04/13 8:33 AM MOTION TO ADDRESS DEFENDANTS NON-RESPONSE TO COURT ORDER AND TO CONTEST DEFENDANTS MOTION filed by JOEL CHARLES DEFREYTAS, III.(jaa, ) Related: [-]
Tuesday, April 04, 2023
17		17 1 pgs order Order Wed 04/05 7:54 AM NOTICE AND ORDER THAT A REVIEW OF THE COURTS RECORDS SHOWS THAT THE FOLLOWING DEFENDANTS, PRIME CARE MEDICAL, INC., JUDGE ANNE MARIE WHEATCRAFT, AND CHRISTOPHER DIAZ, HAVE NOT FILED AN ANSWER OR PLEADING IN RESPONSE TO THE COMPLAINT IN THE ABOVE-CAPTIONED CASE. IF PLAINTIFF DOES NOT TAKE ANY ACTION IN THIS CASE ON OR BEFORE APRIL 18, 2023, THE COURT MAY ENTER AN ORDER DISMISSING THE CASE AGAINST THE ABOVE-NAMED DEFENDANTS FOR LACK OF PROSECUTION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/4/23. 4/5/23 ENTERED AND COPIES E-MAILED.(jaa, ) Related: [-]
Tuesday, March 28, 2023
16		16 4 pgs motion Order Joinder Dismiss Wed 03/29 8:08 AM MOTION TO OBJECT TO DEFENDANTS MEMORANDUM, MOTION TO DISMISS AND MOTION FOR JOINDER OF DEFENDANTS filed by JOEL CHARLES DEFREYTAS, III.CERTIFICATE OF SERVICE.(jaa, ) Related: [-]
Thursday, March 16, 2023
15		15 motion Joinder Thu 03/16 2:28 PM MOTION for Joinder of Motion to Dismiss Plaintiff's Complaint filed by CHESTER COUNTY DRUG AND ALCOHOL, CHESTER COUNTY PROBATION AND PAROLE DEPARTMENT, CHESTER COUNTY SHERIFF OFFICE, RITA MCGUANE, JENNIFER WRIGHT.Certificate of Service.(DONATELLI, GUY) Related: [-]
Thursday, March 09, 2023
14		14 respm Reply to Response to Motion Thu 03/09 3:36 PM REPLY to Response to Motion re11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHESTER COUNTY PRISON, TIM MULROONEY, GEORGE E. ROBERTS, ELMER SHELTON, THE COUNTY OF CHESTER. (DONATELLI, GUY) Related: [-]
Tuesday, March 07, 2023
13		13 respm Response to Motion Wed 03/08 10:56 AM HABIUS CORPUS OBJECTION TO DEFENDANTS MOTION TO DISMISS WITH PREJUDICE, CONTEMPT FOR DEFENDANTS FAILURE TO COMPLY WITH COURT ORDER, AND IMMEDIATE RULING FOR SETTLEMENT filed by JOEL CHARLES DEFREYTAS, III. (jaa, ) Related: [-]
Tuesday, February 28, 2023
12		12 motion Dismiss for Failure to State a Claim Tue 02/28 12:13 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHESTER COUNTY DISTRICT ATTORNEY OFFICE, ERIC WALSHBURGER.Memorandum, Certificate of Service.(PULLANO, MICHAEL) Related: [-]
		Att: 1 Text of Proposed Order,
		Att: 2 Memorandum,
		Att: 3 Certificate of Service,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit
Monday, February 27, 2023
11		11 motion Dismiss for Failure to State a Claim Mon 02/27 11:22 AM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHESTER COUNTY PRISON, TIM MULROONEY, GEORGE E. ROBERTS, ELMER SHELTON, THE COUNTY OF CHESTER.Memorandum; Certificate of Service.(DONATELLI, GUY) Related: [-]
Thursday, February 09, 2023
10		10 notice Notice of Appearance Thu 02/09 1:49 PM NOTICE of Appearance by JOSEPH F. KAMPHERSTEIN, III on behalf of CHESTER COUNTY DISTRICT ATTORNEY OFFICE, ERIC WALSHBURGER with Certificate of Service(KAMPHERSTEIN, JOSEPH) Related: [-]
9		9 notice Notice of Appearance Thu 02/09 12:57 PM NOTICE of Appearance by MICHAEL B. PULLANO on behalf of CHESTER COUNTY DISTRICT ATTORNEY OFFICE, ERIC WALSHBURGER with Certificate of Service(PULLANO, MICHAEL) Related: [-]
8		8 service Waiver of Service Executed Thu 02/09 11:22 AM WAIVER OF SERVICE Returned Executed by CHESTER COUNTY DISTRICT ATTORNEY OFFICE, ERIC WALSHBURGER. CHESTER COUNTY DISTRICT ATTORNEY OFFICE waiver sent on 1/19/2023, answer due 3/20/2023; ERIC WALSHBURGER waiver sent on 1/19/2023, answer due 3/20/2023. (KAMPHERSTEIN, JOSEPH) Related: [-]
Wednesday, January 25, 2023
7		7 notice Notice of Appearance Wed 01/25 10:26 AM NOTICE of Appearance by GUY A. DONATELLI on behalf of CHESTER COUNTY PRISON, TIM MULROONEY, GEORGE E. ROBERTS, ELMER SHELTON, THE COUNTY OF CHESTER with Certificate of Service(DONATELLI, GUY) Related: [-]
Tuesday, January 24, 2023
6		6 misc Application/Petition Wed 01/25 9:31 AM Petition to Request for Entry of Appearance as Counselor filed by JOEL CHARLES DEFREYTAS, III. (mbh) Related: [-]
Monday, January 23, 2023
5		5 service Affidavit of Service Tue 01/24 11:52 AM AFFIDAVIT of Service by JOEL CHARLES DEFREYTAS, III re: served COMPLAINT upon DEFENDANTS by CERTIFIED MAIL; PERSONAL on 12/9/22 AND 1/19/23 (jaa, ) Related: [-]
Thursday, January 12, 2023
4		4 service Summons Issued Thu 01/12 4:53 PM Summons Issued as to CHESTER COUNTY DISTRICT ATTORNEY OFFICE, CHESTER COUNTY DRUG AND ALCOHOL, CHESTER COUNTY PRISON, CHESTER COUNTY PROBATION AND PAROLE DEPARTMENT, CHESTER COUNTY SHERIFF OFFICE, CHRISTOPHER DIAZ, JUDGE ANNE MARIE WHEATCRAFT, RITA MCGUANE, TIM MULROONEY, PRIME CARE MEDICAL, INC., GEORGE E. ROBERTS, ELMER SHELTON, THE COUNTY OF CHESTER, ERIC WALSHBURGER, JENNIFER WRIGHT. Forwarded To: pro se on 1/12/23. (mbh) Related: [-]
Tuesday, December 13, 2022
3		3 PRO SE NOTICE RE: GUIDELINES. (mbh) Related: [-]
2		2 Filing fee: $ 402, receipt number 2000482 (mbh) Related: [-]
1		1 Complaint against CHESTER COUNTY DISTRICT ATTORNEY OFFICE, CHESTER COUNTY DRUG AND ALCOHOL, CHESTER COUNTY PRISON, CHESTER COUNTY PROBATION AND PAROLE DEPARTMENT, CHESTER COUNTY SHERIFF OFFICE, CHRISTOPHER DIAZ, JUDGE ANNE MARIE WHEATCRAFT, RITA MCGUANE, TIM MULROONEY, PRIME CARE MEDICAL, INC., GEORGE E. ROBERTS, ELMER SHELTON, THE COUNTY OF CHESTER, ERIC WALSHBURGER and JENNIFER WRIGHT filed by JOEL CHARLES DEFREYTAS, III.(mbh) Related: [-]

Continue to Create Account