Delaware District Court
Judge:Mark A Kearney
Case #: 1:23-cv-00185
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Feb 17, 2023
Terminated:Sep 01, 2023
Last checked: Wednesday Aug 16, 2023 5:03 AM EDT
Defendant
Corporal Stephen Douglas
Represented By
Nicholas D Picollelli, Jr
Delaware Department Of Justice
contact info
Defendant
Trooper Nicholas Gallo
Represented By
Nicholas D Picollelli, Jr
Delaware Department Of Justice
contact info
Defendant
Master Corporal Raiford Box
Represented By
Nicholas D Picollelli, Jr
Delaware Department Of Justice
contact info
Plaintiff
Jonathan B. Guessford
Represented By
Ronald George Poliquin
The Poliquin Firm LLC
contact info
TERMINATED PARTIES
Defendant
Master Corporal Alfonso Jones
Terminated: 03/15/2023


Docket last updated: 2 hours ago
Thursday, March 28, 2024
40 40 1 pgs order Order Thu 03/28 4:40 PM
ORDER, The Clerk of Court shall maintain the seal on Plaintiffs Motion (D.I.28 ) until September 13, 2024 unless further extended by Order upon a showing of continued particularized harm which is then not stale.(rlr)
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Wednesday, March 27, 2024
39 39 misc Statement Wed 03/27 9:15 AM
STATEMENT re36 Response to Order by Raiford Box, Stephen Douglas, Nicholas Gallo. (Picollelli, Nicholas)
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Tuesday, September 12, 2023
38 38 notice Notice - Other Tue 09/12 1:46 PM
NOTICE of partially redacted Motion to enforce (D.I.28 ). (mpb)
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37 37 1 pgs order Order Tue 09/12 1:28 PM
ORDER, the Clerk of Court shall maintain the seal on Plaintiff's Motion (D.I.28 ) until March 29, 2024 unless further extended by Order upon a showing of continued particularized harm and file the reacted Motion (D.I. 36-1) docketed as a "Notice of partially redacted Motion to enforce (D.I.28 )." Signed by Judge Mark A. Kearney on 9/12/2023. (mpb) (Main Document 37 replaced on 9/12/2023) (mpb)
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Monday, September 11, 2023
36 36 respm Response to Order Mon 09/11 4:38 PM
RESPONSE to Order re35 Order,, .(Picollelli, Nicholas)
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Att: 1 Exhibit A
Wednesday, September 06, 2023
35 35 1 pgs order Order Wed 09/06 1:18 PM
ORDER, we grant Defendants leave to, by no later than September 11, 2023, file a supplemental Memorandum describing a basis for a line by line redaction of challenged disclosures not exceeding five pages and attaching a proposed version of the Plaintiff's Motion (D.I.28 ) redacting only those matters not already publicly disclosed and for which the parties can demonstrate particularized harm from disclosure regarding public officials or we will lift the seal on Plaintiffs Motion to enforce (D.I.28 ). Signed by Judge Mark A. Kearney on 9/6/2023. (twk)
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Tuesday, September 05, 2023
34 34 respm Response to Order Tue 09/05 3:22 PM
RESPONSE to Order re29 Order,,, Set Deadlines,, filed by Raiford Box, Stephen Douglas, Nicholas Gallo. (Picollelli, Nicholas)
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Friday, September 01, 2023
33 33 respm Response to Order Fri 09/01 4:45 PM
RESPONSE to Order re29 Order,,, Set Deadlines,,32 Order,,, Terminated Case,,, Terminate Motions,, . (Poliquin, Ronald)
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32 32 1 pgs order Order ~Util - Terminate Civil Case ~Util - Terminate Motions Fri 09/01 11:52 AM
ORDER: We DENY Plaintiff's Motion to enforce the settlement agreement (D.I.28 ) as moot. The Clerk of Court shall close the case. The entry of judgment under Rule 68 does not excuse the parties' obligations to show cause as to why we should not direct the Clerk of Court lift the seal on Plaintiff's Motion to enforce (D.I.28 ) as detailed in our August 30, 2023 Order (D.I.29 ) requiring we will direct the Clerk of Court to lift the seal on the Motion to enforce absent timely memoranda explaining why we should not do so under our August 30, 2023 Order. Signed by Judge Mark A. Kearney on 9/1/2023. (apk)
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31 31 order Judgment Fri 09/01 11:47 AM
JUDGMENT in favor of Jonathan B. Guessford against Nicholas Gallo, Raiford Box, Stephen Douglas in the amount of 50,000. Signed by Judge Mark A. Kearney on 9/1/2023. (apk)
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30 30 notice Notice - Other Fri 09/01 10:23 AM
NOTICE of Notice of Acceptance of Offer of $50,000.00 Judgement Against Defendants by Jonathan B. Guessford(Poliquin, Ronald)
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Att: 1 Exhibit offer of Judgment,
Att: 2 Verification Verification of Service
Wednesday, August 30, 2023
29 29 1 pgs order Order ~Util - Set Deadlines Wed 08/30 4:18 PM
ORDER, We grant the parties leave to show cause in Memoranda not exceeding seven pages filed on or before September 5, 2023 as to why we should not forthwith lift the seal on the Plaintiff's Motion (D.I.28 ) consistent with In re Avandia Marketing and Chief Judge Connolly's analysis incorporating in large part Special Master Smolla's reasoning in In re Storag etzel GmbH. We grant Defendants leave to respond to the Motion (D.I.28 ) on the public record compliant with our Policies by no later than September 6, 2023 mindful of the parties' obligations under our June 20, 2023 Order (D.I.15 ). Related [+] Signed by Judge Mark A. Kearney on 8/30/2023. (apk)
Related: [-] sponse deadline set for 9/6/2023., Show Cause Response due by 9/5/2023
28 28 motion Settlement Wed 08/30 2:35 PM
[SEALED] SEALED MOTION for Settlement - filed by Jonathan B. Guessford.(Poliquin, Ronald)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Notice of Motion,
Att: 3 Certificate of Service,
Att: 4 Text of Proposed Order
Monday, August 21, 2023
27 27 motion Motion Filed Mon 08/21 10:31 AM
RE-NOTICE to Take Deposition of Plaintiff Jonathan B. Guessford on August 28, 2023 - filed by Raiford Box, Stephen Douglas, Nicholas Gallo. (Picollelli, Nicholas) Modified on 8/21/2023 (smg)
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26 26 misc Offer of Judgment Mon 08/21 9:07 AM
OFFER OF JUDGMENT by Raiford Box, Stephen Douglas, Nicholas Gallo . (Picollelli, Nicholas)
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utility - CORRECTING ENTRY Mon 08/21 11:00 AM
CORRECTING ENTRY: Motion previously filed in error (D.I.27 ) has been terminated and recoded to reflect the filing as a notice. (smg)
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Friday, August 04, 2023
25 25 discov Notice to Take Deposition Fri 08/04 2:44 PM
NOTICE to Take Deposition of Christopher Popp on August 25, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald)
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Wednesday, July 26, 2023
24 24 service Certificate of Service Wed 07/26 2:59 PM
CERTIFICATE OF SERVICE of Plaintiff's Response to Defendants First Set of Interrogatories and First Request for Production of Documents by Jonathan B. Guessford re16 Notice of Service, (Poliquin, Ronald)
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Thursday, July 13, 2023
23 23 misc Letter Thu 07/13 3:04 PM
Letter to The Honorable Mark A. Kearney from Nicholas D. Picollelli, Jr. regarding Mediation Scheduling - re15 Scheduling Order,,,, Set Hearings,,,. (Picollelli, Nicholas)
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Friday, June 30, 2023
22 22 discov Notice of Service Fri 06/30 12:38 PM
NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories Directed to Defendants filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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21 21 discov Notice to Take Deposition Fri 06/30 11:00 AM
NOTICE to Take Deposition of Raiford Box on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald)
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20 20 discov Notice to Take Deposition Fri 06/30 10:59 AM
NOTICE to Take Deposition of Stephen Douglas on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald)
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19 19 discov Notice to Take Deposition Fri 06/30 10:58 AM
NOTICE to Take Deposition of Nicholas Gallo on August 24, 2023 filed by Jonathan B. Guessford.(Poliquin, Ronald)
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utility - CORRECTING ENTRY Fri 06/30 10:55 AM
CORRECTING ENTRY: D.I. 19-21 removed per request of Counsel due to typo in the wording and will be re-filed. (twk)
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Thursday, June 29, 2023
18 18 discov Notice of Service Thu 06/29 3:10 PM
NOTICE OF SERVICE of Defendants Objections and Responses to Plaintiffs First Set of Requests for Production of Documents to Defendants, including DSP000001- DSP000222 and DSP000223-DSP000238 CONFIDENTIAL filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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Wednesday, June 28, 2023
17 17 discov Notice to Take Deposition Wed 06/28 3:00 PM
NOTICE to Take Deposition of Jonathan B. Guessford on August 22, 2023 at 1:00 p.m. filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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Wednesday, June 21, 2023
16 16 discov Notice of Service Wed 06/21 2:38 PM
NOTICE OF SERVICE of Defendants' First Set of Interrogatories Directed to Plaintiff and Defendants' First Request For Production of Documents Directed to Plaintiff filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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Tuesday, June 20, 2023
15 15 order Scheduling Order - General ~Util - Set Hearings Tue 06/20 1:24 PM
ORDER: Amended Pleadings due by 7/21/2023, Fact Discovery completed by 8/31/2023., Opening Expert Reports due by 8/3/2023, Rebuttal Expert Reports due by 8/29/2023, Reply Expert Reports due by 8/31/2023, Expert Discovery due by 8/31/2023, Dispositive Motions due by 9/12/2023, Motions in Limine due by 10/26/2023, Responses to Motions in Limine due by 11/2/2023, Proposed Pretrial Memorandum due by 10/24/2023, A Final Pretrial Conference is set for 11/13/2023 at 08:45 AM Telephonically before Judge Mark A. Kearney.(Dial-in Number: 888-278-0296; Access Code: 5723096#) Counsel is attached for jury selection followed by a three-day trial beginning on November 15, 2023 at 9:00 A.M. in a Courtroom to be determined in the J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delaware 19801. (See Order for further details and deadlines) Signed by Judge Mark A. Kearney on 06/20/2023. (smg)
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minutes Pretrial Conference - Initial Tue 06/20 9:23 AM
Minute Entry for proceedings held before Judge Mark A. Kearney - Initial Pretrial Conference held on 6/20/2023. (mpb)
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Wednesday, June 14, 2023
14 14 misc Report of Rule 26f Planning Meeting Wed 06/14 4:59 PM
REPORT of Rule 26(f) Planning Meeting. (Poliquin, Ronald)
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Monday, June 12, 2023
13 13 service Certificate of Service Mon 06/12 1:45 PM
CERTIFICATE OF SERVICE of PLAINTIFFS RULE 26(A) INITIAL DISCLOSURES by Jonathan B. Guessford (Poliquin, Ronald)
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Wednesday, May 31, 2023
12 12 1 pgs order Order ~Util - Set Hearings Wed 05/31 4:26 PM
ORDER, upon considering the parties joint letter (D.I.11 ) for a two-week extension of all deadlines set forth in our May 19, 2023 Order (D.I.9 ), and for good cause shown, it is ORDERED we amend the parties' obligations in our May 19, 2023 Order (D.I.9 ) solely to: We will hold an INITIAL PRETRIAL CONFERENCE by telephone on June 20, 2023 at 8:45 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#). After consulting with all parties, Plaintiff's counsel shall complete and file with the Clerk the required Report of the Rule 26 (f) Meeting incorporating, at a minimum, all the information required in our Form Rule 26(f) Report (found on the Court website with our Policies and Procedures) on or before Thursday, June 15, 2023. All other obligations in our May 19, 2023 Order (D.I.9 ) shall remain in effect. Signed by Judge Mark A. Kearney on 5/31/2023. (twk)
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11 11 misc Letter Wed 05/31 1:56 PM
Letter to the Honorable Mark A. Kearney from Nicholas D. Picollelli, Jr. regarding Deadline Extension - re9 Order,,,,,,,,, Set Hearings,,,,,,,,, Set Deadlines,,,,,,,,. (Picollelli, Nicholas)
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Friday, May 26, 2023
10 10 discov Notice of Service Fri 05/26 9:33 AM
NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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Friday, May 19, 2023
9 9 2 pgs order Order ~Util - Set Hearings ~Util - Set Deadlines Fri 05/19 4:46 PM
ORDER, (1) Counsel and all parties are governed by this Court's Policies and Procedures then in effect at the time of the anticipated steps in the case at www.ded.uscourts.gov; (2) We will hold an INITIAL PRETRIAL CONFERENCE by telephone on June 5, 2023 at 8:45 A.M.: (Dial-in Number: 888-278-0296; Access Code: 5723096#); (3) The parties shall engage in early, ongoing and meaningful discovery planning proportional to the needs of your case including by: preparing the stipulation of undisputed facts for the Court's review at the Initial Pretrial Conference required in our Rule 26(f) report; disclosing insurance coverage; and addressing the need for a F.R.E. 502 Order; (4) The parties shall exchange the required initial disclosures under Fed R. Civ. P. 26(a) and shall produce copies of the identified documents, on or before May 26, 2023; (5.) The discovery period (generally ninety days in a civil rights matter) begins with the Order and the parties shall exchange written discovery requests immediately including focusing pre-conference discovery on information relevant to the most important issues available from the most easily accessible sources; (6) After consulting with all parties, Plaintiff's counsel shall complete and file with the Clerk the required Report of the Rule 26 (f) Meeting incorporating, at a minimum, all the information required in our Form Rule 26(f) Report (found on the Court website with our Policies and Procedures) on of before Thursday, June 1, 2023; (7)Lead trial counsel is required to appear at the conference. If trial counsel is on trial in another matter, an attorney in his or her office who is thoroughly familiar with this case is required to appear at the conference, and will then be designated as lead trial counsel for scheduling purposes; and, (8) Lead trial counsel shall have addressed settlement with all parties and be prepared to discuss status of settlement, including authority from the clients to settle. (A Pretrial Conference is set for 6/5/2023 at 08:45 AM in Telephonically before Judge Mark A. Kearney.) ( Rule 26 Meeting Report due by 6/1/2023.) Signed by Judge Mark A. Kearney on 5/19/2023. (apk)
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8 8 8 pgs answer Answer to Amended Complaint Fri 05/19 2:50 PM
ANSWER to Amended Complaint, re:3 Amended Complaint with Jury Demand by Raiford Box, Stephen Douglas, Nicholas Gallo.(Picollelli, Nicholas)
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Thursday, May 18, 2023
7 7 service Certificate of Service Thu 05/18 10:50 AM
CERTIFICATE OF SERVICE of Plaintiffs First Request for Production of Documents and First Set of Interrogatories to Defendant by Jonathan B. Guessford (Poliquin, Ronald)
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Tuesday, April 11, 2023
6 6 1 pgs order Order Tue 04/11 4:35 PM
ORDER: DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT, designating and assigning the Honorable Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge Michael A Chagares, Chief Judge of the United States Court of Appeals for the Third Circuit on 4/11/2023. (rjb)
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utility Case Assigned/Reassigned Tue 04/11 4:35 PM
Case Reassigned to Judge Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb)
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Monday, March 20, 2023
5 5 service Waiver of Service Executed - 60 day ddl DE DOJ ONLY Mon 03/20 12:59 PM
WAIVER OF SERVICE returned executed by Nicholas Gallo, Stephen Douglas, Raiford Box: For Nicholas Gallo waiver filed on 3/20/2023, answer due 5/19/2023; Stephen Douglas waiver filed on 3/20/2023, answer due 5/19/2023; Raiford Box waiver filed on 3/20/2023, answer due 5/19/2023. (Picollelli, Nicholas)
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4 4 notice Notice of Appearance Mon 03/20 12:56 PM
NOTICE of Appearance by Nicholas D Picollelli, Jr on behalf of Raiford Box, Stephen Douglas, Nicholas Gallo (Picollelli, Nicholas)
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Wednesday, March 15, 2023
3 3 13 pgs cmp Complaint - Amended Wed 03/15 3:38 PM
AMENDED COMPLAINT against Stephen Douglas, Nicholas Gallo, Raiford Box - filed by Jonathan B. Guessford.(Poliquin, Ronald) Modified on 3/15/2023 (nms)
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Att: 1 Red lined version
Wednesday, February 22, 2023
utility Case Assigned/Reassigned Wed 02/22 2:31 PM
Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
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Friday, February 17, 2023
2 2 misc Magistrate Consent Forms Tue 02/21 9:10 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg)
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1 1 cmp Complaint Tue 02/21 9:10 AM
COMPLAINT filed with Jury Demand against Stephen Douglas, Nicholas Gallo, Alfonso Jones ( Filing fee $ 402, receipt number BDEDC-4070105.) - filed by Jonathan B. Guessford.(smg)
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Att: 1 Civil Cover Sheet
service No Summons Issued Tue 02/21 9:11 AM
No Summons Issued. (smg)
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