AUKER v. LANCASTER COUNTY PRISON et al
| Pennsylvania Eastern District Court | |
| Judge: | Catherine Henry |
| Case #: | 5:24-cv-01112 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2003 Job Discrimination |
| Case Filed: | Mar 14, 2024 |
| Last checked: Tuesday Sep 10, 2024 4:30 AM EDT |
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Defendant
LANCASTER COUNTY PRISON
625 E KING ST
LANCASTER, PA 17602 |
Represented By
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Defendant
COUNTY OF LANCASTER PENNSYLVANIA
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Represented By
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Plaintiff
KELLY AUKER
1908 BOWMANSVILLE RD
MOHNTON, PA 17602 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
OFFICER ALBRIGHT
Terminated: 07/11/2024
50 N DUKE ST
LANCASTER, PA 17602 |
Represented By
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Defendant
OFFICER NICKLAS
Terminated: 07/11/2024
50 N DUKE ST
LANCASTER, PA 17602 |
Represented By
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Defendant
SARGEANT HAWK
Terminated: 07/11/2024
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Represented By
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| Docket last updated: 2 hours ago |
| Thursday, May 08, 2025 | ||
| 25 | 25
2
pgs
order
Order
Thu 05/08 12:51 PM
ORDER THAT THE CITY OF RALEIGH POLICE DEPARTMENT SHALL PRODUCE TO THE UNDERSIGNED COUNSEL FOR THE PARTIES ALL RECORDS RELATING TO PLAINTIFF KELLY AUKERS EMPLOYMENT, INCLUDING BUT NOT LIMITED TO: A. APPLICATION FOR EMPLOYMENT; B. PAYROLL AND SALARY RECORDS; C. DISCIPLINARY RECORDS; D. RECORDS OF ABSENCES; E. RECORDS RELATING TO ANY WORKERS COMPENSATION CLAIMS; AND F. ANY OTHER RECORDS PERTAINING TO PLAINTIFFS EMPLOYMENT WITH THE CITY OF RALEIGH POLICE DEPARTMENT. THE RECORDS SHALL BE PRODUCED WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. THE RECORDS SHALL BE TREATED AS CONFIDENTIAL AND USED SOLELY FOR THE PURPOSES OF THE ABOVE-CAPTIONED LITIGATION, SUBJECT TO ANY FURTHER PROTECTIVE ORDERS ISSUED BY THIS COURT. SIGNED BY DISTRICT JUDGE CATHERINE HENRY ON 5/8/25. 5/8/25 ENTERED AND COPIES E-MAILED.(mas) |
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| 24 | 24
misc
Stipulation
Thu 05/08 9:34 AM
STIPULATION by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON. (GONZALES, JOHN) |
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| Monday, March 31, 2025 | ||
| 23 | 23
1
pgs
order
Order on Oral Motion
Tue 04/01 9:55 AM
ORDER THAT THE E-MAIL BE CONSTRUED AS A MOTION AND THE 22 MOTION WAS GRANTED. THE CONFERENCE PREVIOUSLY SCHEDULED TO BE HELD IN PERSON ON MARCH 6, 2025, WAS RESCHEDULED TO A VIDEO CONFERENCE. SIGNED BY DISTRICT JUDGE CATHERINE HENRY ON 3/31/25.4/1/25 ENTERED AND COPIES E-MAILED.(mas) |
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| 22 | 22
motion
Oral Motion
Tue 04/01 9:53 AM
E-mailed Oral Motion.(mas) |
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| Tuesday, March 11, 2025 | ||
| 21 | 21
minutes
Status Conference
Tue 03/11 10:08 AM
Minute Entry for proceedings held before DISTRICT JUDGE CATHERINE HENRY Status Conference held on March 6, 2025. (dt) |
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| Friday, February 28, 2025 | ||
| 20 | 20
misc
Status Report
Fri 02/28 9:44 AM
STATUS REPORT by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON. (GONZALES, JOHN) |
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| Thursday, February 20, 2025 | ||
| 19 | 19
order
Scheduling Order
Thu 02/20 4:50 PM
CASE MANAGEMENT ORDER OF 2/20/25 THAT UPON CONSIDERATION OF THE JOINT MOTION FOR CONTINUANCE OF CASE MANAGEMENT DEADLINES FILED BY THE PARTIES, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. THE CASE MANAGEMENT DEADLINES ARE EXTENDED: THE DEADLINE FOR COMPLETION OF ALL FACT AND EXPERT DISCOVERY IS EXTENDED TO JUNE 10, 2025. ETC. ALL EXPERT DEPOSITIONS SHALL BE CONCLUDED NO LATER THAN JUNE 9, 2025. MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED BY JUNE 23, 2025. RESPONSES SHALL BE BY JULY 7. SIGNED BY JUDGE: CATHERINE HENRY ON 2/20/25. 2/20/25 ENTERED AND COPIES E-MAILED. (DT) |
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| 18 | 18
motion
Extension of Time to Complete Discovery
Thu 02/20 12:20 PM
Joint MOTION for Extension of Time to Complete Discovery filed by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON..(GONZALES, JOHN) |
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| Wednesday, February 05, 2025 | ||
| 17 | 17
misc
Praecipe/Request
Wed 02/05 12:54 PM
to Withdraw Defendants' Motion to Compel by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON.(GONZALES, JOHN) |
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Att: 1
Certificate of Service
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| Monday, February 03, 2025 | ||
| 16 | 16
motion
Compel
Mon 02/03 2:47 PM
MOTION to Compel Plaintiff's Executed Authorizations for Release of Records filed by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON.Memorandum, Certificate of Counsel, Certificate of Service.(GONZALES, JOHN) |
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Att: 1
Text of Proposed Order,
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Att: 2
Memorandum,
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Att: 3
Attorney Certification,
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Att: 4
Certificate of Service,
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Att: 5
Exhibit Exhibit A,
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Att: 6
Exhibit Exhibit B,
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Att: 7
Exhibit Exhibit C,
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Att: 8
Exhibit Exhibit D,
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Att: 9
Exhibit Exhibit E,
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Att: 10
Exhibit Exhibit F,
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Att: 11
Exhibit Exhibit G
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| Wednesday, January 22, 2025 | ||
| 15 | 15
notice
Notice of Hearing
Wed 01/22 2:28 PM
NOTICE of Hearing: STATUS CONFERENCE SET FOR 3/6/2025 11:00 AM IN Holmes 4th Floor BEFORE DISTRICT JUDGE CATHERINE HENRY.(sfl) |
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Att: 1
Status Report
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| Thursday, January 09, 2025 | ||
| 14 | 14
1
pgs
order
Order Reassigning Case
Thu 01/09 4:19 PM
ORDER THAT THIS CASE IS REASSIGNED FROM DISTRICT JUDGE JOHN M. GALLAGHER TO DISTRICT JUDGE CATHERINE HENRY FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 1/9/25. 1/9/25 ENTERED AND COPIES E-MAILED.(mas) |
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| Tuesday, October 29, 2024 | ||
| 13 | 13
4
pgs
order
Order ~Util - Set Scheduling Order Deadlines
Tue 10/29 2:42 PM
ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 7/23/2025 09:30 AM IN Cahn 4B BEFORE DISTRICT JUDGE JOHN M. GALLAGHER; STATUS CONFERENCE SET FOR 2/25/2025 10:00 AM BEFORE DISTRICT JUDGE JOHN M. GALLAGHER; DISCOVERY DUE BY 3/10/2025; JURY SELECTION SET FOR 8/1/2025 09:00 AM IN Courtroom TBD BEFORE DISTRICT JUDGE JOHN M. GALLAGHER; MOTIONS DUE BY 11/7/2024; MOTION IN LIMINE DUE BY 6/20/2025; MOTION FOR SUMMARY JUDGMENT DUE BY 3/24/2025; PLAINTIFF PRETRIAL MEMO DUE BY 6/13/2025; DEFENDANT PRETRIAL MEMO DUE BY 6/13/2025; TRIAL DATE SET FOR 8/4/2025 09:00 AM IN Cahn 4B BEFORE DISTRICT JUDGE JOHN M. GALLAGHER; ETC. AS HEREIN. SIGNED BY DISTRICT JUDGE JOHN M. GALLAGHER ON 10/29/24. 10/29/24 ENTERED AND COPIES E-MAILED.(mas) |
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| Thursday, October 24, 2024 | ||
| 12 | 12
minutes
Pretrial Conference - Interim 1 - Terminate Deadlines
Thu 10/24 4:21 PM
Minute Entry for proceedings held before DISTRICT JUDGE JOHN M. GALLAGHER. Pretrial Conference held on 10/24/24. (mas) |
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| Friday, October 18, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Fri 10/18 11:07 AM
NOTICE of Appearance by David Connor Warner on behalf of OFFICER ALBRIGHT, COUNTY OF LANCASTER PENNSYLVANIA, HAWK, LANCASTER COUNTY PRISON, OFFICER NICKLAS with Certificate of Service(Warner, David) |
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Att: 1
Certificate of Service Certificate of Service
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| Wednesday, September 04, 2024 | ||
| 10 | 10
notice
Notice of Hearing
Wed 09/04 11:51 AM
Notice of Hearing: An Initial Rule 16 Pretrial Conference will be held before Judge: John M. Gallagher on Thursday, October 24, 2024 at 2:00pm in Judge's Chambers, 504 West Hamilton Street, Suite 4701, Allentown, Pa. (DT) |
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| Friday, August 23, 2024 | ||
| 9 | 9
answer
Answer to Complaint
Fri 08/23 3:03 PM
ANSWER to Complaint with Affirmative Defenses by COUNTY OF LANCASTER PENNSYLVANIA, LANCASTER COUNTY PRISON.(GONZALES, JOHN) |
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| Thursday, July 11, 2024 | ||
| 8 | 8
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Thu 07/11 6:09 PM
ORDER THAT THE MOTION (ECF NO.6 ) IS GRANTED. ANY AND ALL CLAIMS ASSERTED IN PLAINTIFFS COMPLAINT AGAINST INDIVIDUAL DEFENDANTS OFFICER NICKLAS, OFFICER ALBRIGHT, AND SARGEANT HAWK ARE DISMISSED WITH PREJUDICE. PLAINTIFFS § 1983 CONSPIRACY CLAIM IS DISMISSED WITH PREJUDICE. ANY CLAIM FOR MONETARY DAMAGES UNDER COUNT IX IS HEREBY DISMISSED WITH PREJUDICE. THE CLERK OF COURT IS DIRECTED TO MARK DEFENDANTS OFFICER NICKLAS, OFFICER ALBRIGHT, AND SARGEANT HAWK AS TERMINATED. SIGNED BY DISTRICT JUDGE JOHN M. GALLAGHER ON 7/11/24.7/11/24 ENTERED AND COPIES E-MAILED.(mas) |
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| Tuesday, June 25, 2024 | ||
| 7 | 7
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Tue 06/25 12:50 PM
ORDER THAT PLAINTIFF, IF INTENDING TO FILE A RESPONSE TO THE MOTION TO DISMISS, SHALL DO SO BY NO LATER THAN JULY 9, 2024. PLAINTIFF IS ADVISED THAT FAILURE TO RESPOND MAY RESULT IN THE MOTION BEING GRANTED AS UNCONTESTED WITHOUT FURTHER NOTICE. SIGNED BY DISTRICT JUDGE JOHN M. GALLAGHER ON 6/25/24. 6/25/24 ENTERED AND COPIES E-MAILED.(mas) |
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| Friday, May 17, 2024 | ||
| 6 | 6
motion
Dismiss for Failure to State a Claim
Fri 05/17 5:31 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by OFFICER ALBRIGHT, COUNTY OF LANCASTER PENNSYLVANIA, HAWK, LANCASTER COUNTY PRISON, OFFICER NICKLAS.Memorandum, Order, Certificate of Service.(GONZALES, JOHN) |
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| Wednesday, March 20, 2024 | ||
| 5 | 5
service
Waiver of Service Executed
Wed 03/20 3:08 PM
WAIVER OF SERVICE Returned Executed by OFFICER ALBRIGHT, LANCASTER COUNTY PRISON, COUNTY OF LANCASTER PENNSYLVANIA, HAWK, OFFICER NICKLAS. All Defendants. (GONZALES, JOHN) |
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| 4 | 4
notice
Notice of Appearance
Wed 03/20 3:02 PM
NOTICE of Appearance by JOHN P. GONZALES on behalf of OFFICER ALBRIGHT, COUNTY OF LANCASTER PENNSYLVANIA, HAWK, LANCASTER COUNTY PRISON, OFFICER NICKLAS with Jury Demand, Certificate of Service(GONZALES, JOHN) |
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| Thursday, March 14, 2024 | ||
| 3 | 3
notice
Notice (Other)
Thu 03/14 1:33 PM
NOTICE by KELLY AUKER Case Designation (JACOBSON, JARED) |
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| 2 | 2
service
Summons Issued
Thu 03/14 1:21 PM
Summons Issued as to OFFICER ALBRIGHT, COUNTY OF LANCASTER PENNSYLVANIA, HAWK, LANCASTER COUNTY PRISON, OFFICER NICKLAS. Forwarded To: Counsel on 3/14/24 (mas) |
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| 1 | 1
cmp
Complaint (Attorney)
Thu 03/14 11:17 AM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number APAEDC-17329436.), filed by KELLY AUKER.(JACOBSON, JARED) |
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Att: 1
Civil Cover Sheet Civil Cover, Case Mgt and Designation (combined)
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misc
Attorney Required Forms
Thu 03/14 11:45 AM
Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. PLAINTIFF's counsel is directed to file COMPLETED DESIGNATION FORM in this case using the Notice (Other) docket event located in the Notices category. The Yes/No questions need to be answered. (sbt) |
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