ERRINGTON et al v. City of Reading d/b/a Reading Police Department et al
| Pennsylvania Eastern District Court | |
| Judge: | Joseph F Leeson, Jr |
| Case #: | 5:24-cv-03009 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Jul 11, 2024 |
| Terminated: | Feb 05, 2025 |
| Case in other court: | Pennsylvania Court of Common Pleas for Berks Count, 24-04939 |
| Last checked: Tuesday Jan 07, 2025 3:28 AM EST |
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Defendant
CITY OF READING
CITY HALL 815 WASHINGTON STREET
READING, PA 19601 |
Represented By
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Defendant
Aaron Demko
in his individual capacity 815 Washington Street
Reading, PA 19601 |
Represented By
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Defendant
Christian Rothermal
in his individual capacity 815 Washington Street
Reading, PA 19601 |
Represented By
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Defendant
Javier Ruiz
in his individual capacity and as Chief for Reading Police Department 815 Washington Street
Reading, PA 19601 |
Represented By
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Defendant
Luz Shade
in his individual capacity 815 Washington Street
Reading, PA 19601 |
Represented By
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Plaintiff
ANGEL ERRINGTON
INDIVIDUALLY AND AS HUSBAND AND WIFE 116 N Kelly Drive
Birdsboro, PA 19508 |
Represented By
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Plaintiff
BRIAN ERRINGTON
116 N. Kelly Drive
Birdsboro, PA 19508 |
Represented By
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GPO
Jan 15 2025
MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE JOSEPH F. LEESON, JR ON 1/15/25. 1/15/25 ENTERED AND COPIES E-MAILED.(dt) |
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GPO
Jan 15 2025
ORDER OF 1/15/25 FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT: DEFENDANTS' MOTION TO DISMISS, ECF NO. 11 IS GRANTED. COUNT FOUR OF PLAINTIFF'S AMENDED COMPLAINT, AS PLED AGAINST DEFENDANT RUIZ IN HIS OFFICIAL CAPACITY AS POLICE CHIEF FOR READING POLICE DEPARTMENT IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM. COUNT FOUR OF PLAINTIFFS' AMENDED COMPLAINT, AS PLED AGAINST ALL REMAINING DEFENDANTS, IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM; COUNT FIVE OF PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM. WITHIN TWENTY DAYS OF THIS ORDER, PLAINTIFFS MAY FILE A SECOND AMENDED COMPLAINT, AMENDING ITS CLAIMS OF FIRST AMENDMENT RETALIATION AND DUE PROCESS VIOLATIONS, ONLY, SUBJECT TO THE LIMITATIONS OUTLINED IN THE OPINION ISSUED THIS DATE. IF PLAINTIFFS FAIL TO TIMELY FILE AN AMENDED COMPLAINT, ALL REMAINING CLAIMS WILL BE DISMISSED WITH PREJUDICE. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/15/25. 1/15/25 ENTERED AND COPIES E-MAILED. (DT) |
| Docket last updated: 2 hours ago |
| Wednesday, February 05, 2025 | ||
| 19 | 19
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pgs
order
Order
Wed 02/05 3:12 PM
ORDER OF 2/5/25 THAT THE REMAINING FEDERAL CLAIMS, COUNT FOUR AND COUNT FIVE OF THE FIRST AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. COUNTS II AND II, WHICH WERE VOLUNTARILY WITHDRAWN, ARE DISMISSED. THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER THE REMAINING STATE LAW CLAIM, COUNT 1. THE CLERK OF COURT SHALL IMMEDIATELY REMAND THIS MATTER TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. ETC. THIS CASE IS CLOSED. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 2/5/25. 2/5/25 ENTERED AND COPIES E-MAILED.(dt) |
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misc
Remark
Wed 02/05 3:19 PM
Case Remanded to the Court of Common Pleas of Berks County. (certified copy of order faxed) (dt) |
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| Tuesday, February 04, 2025 | ||
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misc
Letter
Tue 02/04 2:48 PM
Letter dated 02/04/25 by ANGEL ERRINGTON, BRIAN ERRINGTON. (BERLIN, DAVID) |
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| Wednesday, January 15, 2025 | ||
| 17 | 17
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order
Memorandum and/or Opinion Order
Wed 01/15 3:23 PM
ORDER OF 1/15/25 FOR THE REASONS SET FORTH IN THE OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT: DEFENDANTS' MOTION TO DISMISS, ECF NO. 11 IS GRANTED. COUNT FOUR OF PLAINTIFF'S AMENDED COMPLAINT, AS PLED AGAINST DEFENDANT RUIZ IN HIS OFFICIAL CAPACITY AS POLICE CHIEF FOR READING POLICE DEPARTMENT IS DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM. COUNT FOUR OF PLAINTIFFS' AMENDED COMPLAINT, AS PLED AGAINST ALL REMAINING DEFENDANTS, IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM; COUNT FIVE OF PLAINTIFF'S AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM. WITHIN TWENTY DAYS OF THIS ORDER, PLAINTIFFS MAY FILE A SECOND AMENDED COMPLAINT, AMENDING ITS CLAIMS OF FIRST AMENDMENT RETALIATION AND DUE PROCESS VIOLATIONS, ONLY, SUBJECT TO THE LIMITATIONS OUTLINED IN THE OPINION ISSUED THIS DATE. IF PLAINTIFFS FAIL TO TIMELY FILE AN AMENDED COMPLAINT, ALL REMAINING CLAIMS WILL BE DISMISSED WITH PREJUDICE. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 1/15/25. 1/15/25 ENTERED AND COPIES E-MAILED. (DT) |
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| 16 | 16
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order
Memorandum and/or Opinion
Wed 01/15 3:18 PM
MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE JOSEPH F. LEESON, JR ON 1/15/25. 1/15/25 ENTERED AND COPIES E-MAILED.(dt) |
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| Tuesday, October 08, 2024 | ||
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respm
Reply to Response to Motion
Tue 10/08 7:55 PM
REPLY to Response to Motion re11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint (ECF 9) filed by CITY OF READING, Aaron Demko, Christian Rothermal, Javier Ruiz, Luz Shade. (STEERE, CHRISTINE) |
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| Tuesday, October 01, 2024 | ||
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respm
Response in Opposition to Motion
Tue 10/01 4:36 PM
RESPONSE in Opposition re11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint (ECF 9) filed by ANGEL ERRINGTON, BRIAN ERRINGTON. (BERLIN, DAVID) |
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| Tuesday, September 17, 2024 | ||
| 13 | 13
1
pgs
order
Order ~Util - Set Motion and R&R Deadlines/Hearings
Tue 09/17 11:37 AM
STIPULATION AND ORDER OF 9/17/24 THAT THE PLAINTIFFS' DEADLINE TO RESPOND TO DEFENDANTS' MOTION TO DISMISS IS ENLARGED UNTIL OCTOBER 1, 2024. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 9/17/24. 9/17/24 ENTERED AND COPIES E-MAILED. (DT) |
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| Monday, September 16, 2024 | ||
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misc
Stipulation
Mon 09/16 11:47 AM
STIPULATION by ANGEL ERRINGTON, BRIAN ERRINGTON. (BERLIN, DAVID) |
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| Tuesday, September 03, 2024 | ||
| 11 | 11
motion
Dismiss for Failure to State a Claim
Tue 09/03 7:26 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint (ECF 9) filed by CITY OF READING, Aaron Demko, Christian Rothermal, Javier Ruiz, Luz Shade.Brief, Certificate of Service, Certification of Non-Concurrence.(STEERE, CHRISTINE) |
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Att: 1
Brief,
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Att: 2
Text of Proposed Order,
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Att: 3
Certification of Non-Concurrence,
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Att: 4
Certificate of Service
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| Wednesday, August 21, 2024 | ||
| 10 | 10
1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 08/21 3:52 PM
ORDER OF 8/21/24 THAT UPON CONSIDERATION OF THE PLAINTIFF'S FILING AN AMENDED COMPLAINT (SEE ECF 9), IT IS ORDERED THAT THE MOTION TO DISMISS THE ORIGINAL COMPLAINT, ECF NO. 6, IS DISMISSED AS MOOT. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 8/21/24. 8/21/24 ENTERED AND COPIES E-MAILED. (DT) |
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| 9 | 9
cmp
Amended Complaint
Wed 08/21 12:20 PM
AMENDED COMPLAINT against All Defendants All Defendants., filed by BRIAN ERRINGTON, ANGEL ERRINGTON.(BERLIN, DAVID) |
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| Wednesday, August 07, 2024 | ||
| 8 | 8
2
pgs
order
Order ~Util - Set Deadlines
Wed 08/07 3:16 PM
STIPULATION AND ORDER OF 8/7/24 THAT THE PLAINTIFFS' DEADLINE TO FILE THEIR AMENDED COMPLAINT IS ENLARGED UNTIL AUGUST 21, 2024. SIGNED BY JUDGE: JOSEPH F. LEESON JR., ON 8/7/24. 8/7/24 ENTERED AND COPIES E-MAILED. (DT) |
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| 7 | 7
misc
Stipulation
Wed 08/07 2:33 PM
STIPULATION by ANGEL ERRINGTON, BRIAN ERRINGTON. (BERLIN, DAVID) |
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| Wednesday, July 24, 2024 | ||
| 6 | 6
motion
Dismiss for Failure to State a Claim
Wed 07/24 5:21 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF READING, Aaron Demko, Christian Rothermal, Javier Ruiz, Luz Shade.Brief, Certificate of Service, Certification of Non-Concurrence.(STEERE, CHRISTINE) |
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Att: 1
Brief,
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Att: 2
Text of Proposed Order,
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Att: 3
Certification of Non-Concurrence,
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Att: 4
Certificate of Service
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| Friday, July 12, 2024 | ||
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notice
Notice of Appearance
Fri 07/12 3:42 PM
NOTICE of Appearance by MATTHEW B. WEISBERG on behalf of ANGEL ERRINGTON, BRIAN ERRINGTON with Certificate of Service(WEISBERG, MATTHEW) |
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| 4 | 4
3
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order
Order
Fri 07/12 1:45 PM
INITIAL PROCEDURAL ORDER. SIGNED BY DISTRICT JUDGE JOSEPH F. LEESON, JR ON 7/12/24. 7/12/24 ENTERED AND COPIES E-MAILED. (er) |
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| 3 | 3
1
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order
Order Reassigning Case
Fri 07/12 10:44 AM
ORDER THAT THIS CASE IS REASSIGNED FROM DISTRICT JUDGE JEFFREY L. SCHMEHL TO DISTRICT JUDGE JOSEPH F. LEESON, JR FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 7/12/24. 7/12/24 ENTERED AND COPIES E-MAILED.(er) |
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| Thursday, July 11, 2024 | ||
| 2 | 2
notice
Notice of Appearance
Thu 07/11 2:30 PM
NOTICE of Appearance by ANDREW B. ADAIR on behalf of CITY OF READING, Aaron Demko, Christian Rothermal, Javier Ruiz, Luz Shade with Jury Demand, Certificate of Service(ADAIR, ANDREW) |
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| 1 | 1
cmp
Notice of Removal (Attorney)
Thu 07/11 11:40 AM
NOTICE OF REMOVAL by Christian Rothermal, Aaron Demko, City of Reading d/b/a Reading Police Department, Javier Ruiz, Luz Shade (Filing fee $ 405 receipt number BPAEDC-17594005), filed by Christian Rothermal, Aaron Demko, City of Reading d/b/a Reading Police Department, Javier Ruiz, Luz Shade.(STEERE, CHRISTINE) (Attachment 1 replaced on 7/11/2024) (sbt) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Designation Form,
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Att: 3
Exhibit A,
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Att: 4
Certification of Notice of Removal,
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Att: 5
Certificate of Service
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misc
Attorney Required Forms
Thu 07/11 12:40 PM
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 have to be answered. (sbt) |
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