Pennsylvania Western District Court
Judge:Susan Paradise Baxter
Case #: 1:24-cv-00002
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Jan 03, 2024
Last checked: Saturday Feb 17, 2024 5:53 AM EST
Defendant
PENNSYLVANIA ELECTRIC COMPANY
Defendant
THE CITY OF ERIE
Represented By
G. Jay Habas
Marshall, Dennehey, Warner, Coleman & Goggin
contact info
Carly Patton Edman
Marshall Dennehey Warner Coleman & Goggin
contact info
Defendant
ANDREW ZIMMERMAN
Represented By
G. Jay Habas
Marshall, Dennehey, Warner, Coleman & Goggin
contact info
Carly Patton Edman
Marshall Dennehey Warner Coleman & Goggin
contact info
Plaintiff
JOHN DEWALT
Represented By
Kurt D. Mitchell
Kdm Law Firm PLLC
contact info


Docket last updated: 05/09/2024 11:59 PM EDT
Wednesday, May 08, 2024
27 27 1 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 05/08 1:36 PM
ORDER granting26 Motion for Extension of Time to File Response/Reply to the Defendants' motions, ECF No.19 and22 . The Plaintiff shall have until June 6, 2024 to file a response to the Defendants' motions. The Defendants' replies to response shall be due June 17, 2024. Signed by Judge Susan Paradise Baxter on 5/8/2024. (snc)
Related: [-]
Tuesday, April 30, 2024
26 26 motion Extension of Time to File Response/Reply Tue 04/30 1:53 PM
MOTION for Extension of Time to File Response/Reply as to 25 Response/Briefing Schedule,, by JOHN DEWALT. (Mitchell, Kurt)
Related: [-]
Att: 1 Proposed Order,
Att: 2 Exhibit A
Monday, April 15, 2024
25 25 order Order Response/Briefing Schedule Mon 04/15 12:38 PM
TEXT ORDER Response/Briefing Schedule re22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re18 Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction by PENNSYLVANIA ELECTRIC COMPANY and19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re18 Amended Complaint, MOTION for Summary Judgment by THE CITY OF ERIE, ANDREW ZIMMERMAN. IT IS ORDERED that the Plaintiff shall file a response to motions on or before May 6, 2024. Signed by Judge Susan Paradise Baxter on 4/15/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
Related: [-]
24 24 order Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction Mon 04/15 11:11 AM
ORDER: Due to Plaintiff's filing of an18 amended complaint, Defendants' motions to dismiss Plaintiff's original complaint [ECF Nos. 12 & 15] are dismissed as moot. Signed by Judge Susan Paradise Baxter on 04/15/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fcf)
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Friday, April 12, 2024
23 23 respm Brief / Memorandum of Law in Support of Motion Fri 04/12 2:23 PM
BRIEF in Support re22 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by PENNSYLVANIA ELECTRIC COMPANY. (Schirato, Gerald)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
22 22 motion Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction Fri 04/12 2:19 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re18 Amended Complaint,, MOTION to Dismiss for Lack of Jurisdiction by PENNSYLVANIA ELECTRIC COMPANY. (Schirato, Gerald)
Related: [-]
Att: 1 Proposed Order
21 21 misc Concise Statement of Material Facts Fri 04/12 2:07 PM
CONCISE STATEMENT OF MATERIAL FACTS re19 Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, by THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
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20 20 respm Brief / Memorandum of Law in Support of Motion Fri 04/12 2:06 PM
BRIEF in Support re19 Motion to Dismiss for Failure to State a Claim,, Motion for Summary Judgment, filed by THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
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19 19 motion Dismiss for Failure to State a Claim Summary Judgment Fri 04/12 2:04 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re18 Amended Complaint,, MOTION for Summary Judgment by THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
Related: [-]
Att: 1 Certificate of Conferral,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Proposed Order
Friday, March 29, 2024
18 18 cmp Amended Complaint Fri 03/29 12:19 PM
AMENDED COMPLAINT against PENNSYLVANIA ELECTRIC COMPANY, THE CITY OF ERIE, ANDREW ZIMMERMAN PENNSYLVANIA ELECTRIC COMPANY answer due 4/12/2024; THE CITY OF ERIE answer due 4/12/2024; ANDREW ZIMMERMAN answer due 4/12/2024, filed by JOHN DEWALT. (Mitchell, Kurt)
Related: [-]
Tuesday, March 19, 2024
17 17 order Order Response/Briefing Schedule Tue 03/19 7:37 PM
TEXT ORDER Response/Briefing Schedule re15 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction by PENNSYLVANIA ELECTRIC COMPANY. IT IS ORDERED that the Plaintiff is directed to file a response to motion on or before April 8, 2024. Signed by Judge Susan Paradise Baxter on 3/19/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
Related: [-]
Monday, March 18, 2024
16 16 respm Brief / Memorandum of Law in Support of Motion Mon 03/18 12:30 PM
BRIEF in Support re15 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by PENNSYLVANIA ELECTRIC COMPANY. (Schirato, Gerald)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
15 15 motion Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction Mon 03/18 12:26 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by PENNSYLVANIA ELECTRIC COMPANY. (Schirato, Gerald)
Related: [-]
Att: 1 Proposed Order
Monday, March 11, 2024
14 14 order Order Response/Briefing Schedule Mon 03/11 6:02 PM
TEXT ORDER Response/Briefing Schedule re12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re1 Complaint, by THE CITY OF ERIE, ANDREW ZIMMERMAN. IT IS ORDERED that the Plaintiff is directed to file a response to motion on or before April 1, 2024. Signed by Judge Susan Paradise Baxter on 3/11/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc)
Related: [-]
Friday, March 08, 2024
13 13 respm Brief / Memorandum of Law in Support of Motion Fri 03/08 4:38 PM
BRIEF in Support re12 Motion to Dismiss for Failure to State a Claim filed by THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
Related: [-]
12 12 motion Dismiss for Failure to State a Claim Fri 03/08 4:37 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re1 Complaint, by THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
Related: [-]
Att: 1 Certificate of Conferral,
Att: 2 Proposed Order,
Att: 3 Exhibit A - Erie County Docket
Wednesday, February 21, 2024
11 11 misc Stipulation for Extension of Time to Answer Wed 02/21 9:58 AM
Stipulation for Extension of Time to Answer by PENNSYLVANIA ELECTRIC COMPANY Answer due from PENNSYLVANIA ELECTRIC COMPANY on 3/18/2024. (Schirato, Gerald)
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Tuesday, February 20, 2024
9 9 notice Notice of Appearance Tue 02/20 3:59 PM
NOTICE of Appearance by Rachel Good on behalf of PENNSYLVANIA ELECTRIC COMPANY. (Good, Rachel)
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8 8 notice Notice of Appearance Tue 02/20 3:57 PM
NOTICE of Appearance by Gerald J. Schirato, Jr on behalf of PENNSYLVANIA ELECTRIC COMPANY. (Schirato, Gerald)
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Friday, February 16, 2024
10 10 utility Remark Tue 02/20 4:08 PM
Correspondence by Pltf. (sdp)
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Att: 1 Envelope
Thursday, February 08, 2024
7 7 service Summons/Return of Service Returned Executed Thu 02/08 2:40 PM
SUMMONS/Return of Service Returned Executed by JOHN DEWALT. PENNSYLVANIA ELECTRIC COMPANY served on 2/7/2024, answer due 2/28/2024. (Mitchell, Kurt)
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Att: 1 Exhibit Proof of Service
Tuesday, January 16, 2024
6 6 notice Notice of Appearance Tue 01/16 10:53 AM
NOTICE of Appearance by Carly Patton Edman on behalf of THE CITY OF ERIE, ANDREW ZIMMERMAN. (Edman, Carly)
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5 5 notice Notice of Appearance Tue 01/16 10:11 AM
NOTICE of Appearance by G. Jay Habas on behalf of THE CITY OF ERIE, ANDREW ZIMMERMAN. (Habas, G.)
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Wednesday, January 10, 2024
4 4 service Waiver of Service Executed Wed 01/10 4:07 PM
WAIVER OF SERVICE Returned Executed by JOHN DEWALT. ANDREW ZIMMERMAN waiver sent on 1/10/2024, answer due 3/11/2024. (Mitchell, Kurt)
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3 3 service Waiver of Service Executed Wed 01/10 4:05 PM
WAIVER OF SERVICE Returned Executed by JOHN DEWALT. THE CITY OF ERIE waiver sent on 1/10/2024, answer due 3/11/2024. (Mitchell, Kurt)
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Wednesday, January 03, 2024
2 2 service Summons Issued Wed 01/03 11:11 AM
Summons Issued as to PENNSYLVANIA ELECTRIC COMPANY, THE CITY OF ERIE, ANDREW ZIMMERMAN (sdp)
Related: [-]
Att: 1 Summons,
Att: 2 Summons
1 1 cmp Complaint (for Clerk of Court personnel only) Wed 01/03 11:08 AM
COMPLAINT against PENNSYLVANIA ELECTRIC COMPANY, THE CITY OF ERIE, ANDREW ZIMMERMAN (Filing fee, including Administrative fee, $405, receipt number APAWDC-8046731),), filed by JOHN DEWALT. (sdp)
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Att: 1 Civil Cover Sheet