Case: United States of America v. City of Erie, Pennsylvania

USA vs. City of Erie

COMPLAINT with summons issued (mad)

RETURN OF SERVICE executed as to CITY OF ERIE, PA 1/23/04 (mad)

ANSWER to Complaint by CITY OF ERIE, PA (Attorney Paul F. Curry, Larry D. Meredith, Gerald J. Villella) (mad)

PRELIMINARY SCHEDULING ORDER, set Case Management Conference for 10:00 3/18/04 ( signed by Judge Sean J. McLaughlin on 2/12/04 ) CM all parties of record. (mad)

DEMAND for jury trial by CITY OF ERIE, PA (nk)

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by CITY OF ERIE, PA (nk)

PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by UNITED STATES, CITY OF ERIE, PA (nk)

MOTION by UNITED STATES to Strike [5-1] demand jury by CITY OF ERIE, PA with Proposed Order. (mad)

BRIEF by UNITED STATES in support of [8-1] motion to Strike [5-1] demand jury by CITY OF ERIE, PA by UNITED STATES (mad)

MOTION by PA HUMAN RELATIONS to Intervene as a Pltf under Rule 24 by PENNSYLVANIA HUMAN RELATIONS COMMISSION with Proposed Order. (mad)

Case Management Conference held 3/18/04 @ 10:00 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Motion to Strike Response due in 10 days. Court adopts the U.S. Discovery Plan. Clerk to enter dates from Doc. 7 and enter on the docket. (mad)

Deadline updated; set Pretrial Order Deadlines: Discovery cutoff on 8/2/04 ; Initial expert disclosures: 5/1/04; Pretrial Conference set for 45 days before trial date ; Joining of parties amending of pleadings by 3/30/04 ; Motion Filing deadline due 9/15/04 ; File motions to challenge the qualifications and/or substance of any proposed expert witness: 9/15/04; Designate, if appropriate, the case for mediation: After discovery period; Presumptive Trial date set for January 2005 ; Rebuttal Expert reports due 7/15/04 ; Complete expert depositions: 8/1/04 (mad)

TRANSCRIPT Status Conference before McLaughlin, J. for date of 3/18/04. Court Reporter: Ronald J. Bench. (mad)

BRIEF IN RESPONSE by CITY OF ERIE, PA to Pltf's Motion to strike jury trial demand (mad)

BRIEF by PA HUMAN RELATIONS in support of [10-1] motion to Intervene as a Pltf under Rule 24 by PENNSYLVANIA HUMAN RELATIONS COMMISSION by PA HUMAN RELATIONS (mad)

REPLY BRIEF by UNITED STATES in support of [8-1] motion to Strike [5-1] demand jury by CITY OF ERIE, PA by UNITED STATES (mad)

Hearing on Motion held before McLaughlin, J. on 4/6/04 re: GRANTED as set forth on the record-- [8-1] motion to Strike [5-1] demand jury by CITY OF ERIE, PA by UNITED STATES [ Reporter: Ron Bench] (mad)

NOTICE of Attorney Appearance for UNITED STATES by Christine M. Roth, Jessica Lieber Smolar (nk)

BRIEF by UNITED STATES in opposition to [10-1] motion to Intervene as a Pltf under Rule 24 by PENNSYLVANIA HUMAN RELATIONS COMMISSION by PA HUMAN RELATIONS (nk)

TRANSCRIPT for Hearing on Pltf U.S's Motion to strike Jury Trial Demand for date of 4/6/04 before McLaughlin, J. Court Reporter: Ronald J. Bench. (mad)

MOTION by CITY OF ERIE, PA to Amend Case Management Order regarding Expert Witness Report with Proposed Order. (mad)

ORDER upon motion granting [20-1] motion to Amend Case Management Order regarding Expert Witness Report to May 10, 2004. ( signed by Judge Sean J. McLaughlin on 4/30/04 ) CM all parties of record. (mad)

Hearing on Motion re: [10-1] motion to Intervene as a Pltf under Rule 24 by PENNSYLVANIA HUMAN RELATIONS COMMISSION by PA HUMAN RELATIONS set for 10:30 5/11/04 before McLaughlin, J. (mad)

Hearing on Motion held 5/11/04 before McLaughlin, J. re: DENIED WITH PREJUDICE w/right to re-assert once a PHRC order is issued. [10-1] motion to Intervene as a Pltf under Rule 24 by PENNSYLVANIA HUMAN RELATIONS COMMISSION by PA HUMAN RELATIONS. PHRC permitted to participate Amicus Curai-(Friend of the Court)- participation limited to filing of briefs, but not discovery. [ Reporter: Ron Bench] (mad)

MOTION by UNITED STATES to exclude validation study as untimely, or, in the alternative to Modify Discovery schedule with Proposed Order. (mad)

BRIEF by UNITED STATES in support of [23-1] motion to exclude validation study as untimely by UNITED STATES, [23-2] motion to Modify Discovery schedule by UNITED STATES (mad)

ORDER, that the City of Erie file a Brief in Opposition set to 7/13/04 for [23-1] motion to exclude validation study as untimely, set to 7/13/04 for [23-2] motion to Modify Discovery schedule ( signed by Judge Sean J. McLaughlin on 6/23/04 ) CM all parties of record. (mad)

REPLY by CITY OF ERIE, PA to [23-1] motion to exclude validation study as untimely by UNITED STATES (mad)

NOTICE of Attorney Appearance for UNITED STATES by Jessica Lieber Smolar, AUSA and Sharon A. Seeley, US Attorney (mad)

REPLY BRIEF by UNITED STATES in support of [23-1] motion to exclude validation study as untimely by UNITED STATES (mad)

Hearing on Motion held 6/30/04 before McLaughlin, J. re: DENIED IN PART AND GRANTED IN PART [23-1] motion to exclude validation study as untimely by UNITED STATES, [23-2] motion to Modify Discovery schedule by UNITED STATES [ Reporter: Ron Bench] Motion to Exclude Validation Study (Doc. No. 23) is DENIED; Motion to Modify Discovery Schedule - GRANTED. Rport due - 7/15/04; Rebuttal Report 9/1/04; Complete Expert Disc. - 9/15/04. (mad)

MOTION by UNITED STATES for Summary Judgment with Proposed Order. (mad)

BRIEF by UNITED STATES in support of [30-1] motion for Summary Judgment by UNITED STATES (mad)

CONCISE STATEMENT OF MATERIAL FACTS by UNITED STATES (mad)

APPENDIX to [32-1] by UNITED STATES (mad)

JOINT MOTION by UNITED STATES, CITY OF ERIE, PA to Extend Time and modified discovery schedule with Proposed Order. (mad)

BRIEF by UNITED STATES, CITY OF ERIE, PA in support of [34-1] joint motion to Extend Time and modified discovery schedule by CITY OF ERIE, PA, UNITED STATES (mad)

ORDER upon motion granting [34-1] joint motion to Extend Time and modified discovery schedule, City of Erie shall Response to Motion set to 8/27/04 for [30-1] motion for Summary Judgment, United States may file a Reply Brief in Support set to 9/3/04 for [30-1] motion for Summary Judgment, Court will hear oral argument Motion Hearing set for 10:00 10/8/04 for [30-1] motion for Summary Judgment ( signed by Judge Sean J. McLaughlin on 8/13/04 ) CM all parties of record. (mad)

BRIEF by CITY OF ERIE, PA in opposition to [30-1] motion for Summary Judgment by UNITED STATES (nk)

APPENDIX to [36-1] brief in opposition by CITY OF ERIE, PA (nk)

REPLY BRIEF by UNITED STATES in support of [30-1] motion for Summary Judgment by UNITED STATES (mad)

AFFIDAVIT by Paul O. Davis PH.D. (nk)

Hearing on Motion held 10/8/04 10:00 a.m. before McLaughlin, J. re: DENIED for reasons set forth on the record [30-1] motion for Summary Judgment by UNITED STATES [ Reporter: Ferguson & Holdnack] (mad)

TRANSCRIPT of Hearing for date of 10/8/04 before McLaughlin, J. Court Reporter: Sondra A. Black. (mad)

RESPONSE by CITY OF ERIE, PA to Pltf's Motion to Compel or Strike Expert Testimony regarding New York Police Study (mad)

MOTION by UNITED STATES to Compel, to Strike Testimony Regarding The New York City Police Department Study with Proposed Order. (mad) Modified on 10/26/2004

BRIEF by UNITED STATES in support of [43-1] motion to Compel by UNITED STATES, [43-2] motion to Strike Testimony Regarding The New York City Police Department Study by UNITED STATES (mad)

Hearing on Motion held 10/26/04 @ 1:35 p.m. before McLaughlin, J. re: [43-1] GRANTED--- motion to Compel by UNITED STATES [ Reporter: R. Bench] Non-Jury Trial set for 2/28/05 at 9:00 a.m. Proposed Findings of fact and Conclusions of due 2/21/05 (mad)

NOTICE Non-Jury Trial set for 9:00 2/28/05 before McLaughlin, J. (mad)

Deadline updated; set Proposed Findings of Fact and Conclusions of Law deadline for 2/23/04, set Non-Jury Trial for 9:00 2/28/05 (mad)

TRANSCRIPT of MOTION TO COMPEL for date of 10/26/04. Court Reporter: Ron Bench. (nk)

MOTION by CITY OF ERIE, PA for Protective Order regarding RAW DATA of New York City Police Study with Proposed Order. (mad)

BRIEF by CITY OF ERIE, PA in support of [48-1] motion for Protective Order regarding RAW DATA of New York City Police Study by CITY OF ERIE, PA (mad)

RESPONSE by UNITED STATES in opposition to [48-1] motion for Protective Order regarding RAW DATA of New York City Police Study by CITY OF ERIE, PA (mad)

Hearing on Motion held 11/9/04 @ 11:45 a.m. before McLaughlin, J. re: [48-1] DENIED (for reasons stated on the record.) motion for Protective Order regarding RAW DATA of New York City Police Study by CITY OF ERIE, PA [ Reporter: Ron Bench] Any reference to New York Study will be excised from Deft's Expert's Report. (mad)

DECLARATION by UNITED STATES Bernard R. Siskin, Ph.D and Leonard A. Cupingood, Ph.D, Expert Witnesses, in support of the Re: [50-1] opposition response by UNITED STATES (mad)

NOTICE of Attorney Appearance for CITY OF ERIE, PA by Kenneth A. Zak (mad)

JOINT MOTION by UNITED STATES, CITY OF ERIE, PA to Extend Time to file expert Rebuttal Reports with Proposed Order. (mad)

ORDER upon motion granting [54-1] joint motion to Extend Time to file expert Rebuttal Reports to 12/30/04. ( signed by Judge Sean J. McLaughlin on 12/13/04 ) CM all parties of record. (mad)

JOINT MOTION by UNITED STATES, CITY OF ERIE, PA for Pretrial Schedule with Proposed Order. (mad)

BRIEF by UNITED STATES, CITY OF ERIE, PA in support of [56-1] joint motion for Pretrial Schedule by CITY OF ERIE, PA, UNITED STATES (mad)

PRETRIAL STATEMENT by CITY OF ERIE, PA (sdp)

MOTION by UNITED STATES to exclude Testimony Pursuant to F.R.Evid. 702 with Proposed Order. (mad)

BRIEF by UNITED STATES in support of [58-1] motion to exclude Testimony Pursuant to F.R.Evid. 702 by UNITED STATES (mad)

ORDER upon motion granting [56-1] joint motion for Pretrial Schedule, set Pretrial Order Deadlines: Pretrial Statements for (as functional Plaintiffs) City of Erie due 1/31/05 ; Pretrial Statements for (as functional Defendants) United States due 2/14/05 ; Pretrial Conference set for 9:00 2/25/05 ; Motion Filing deadline due 2/14/05 ; Response to motions due 2/23/05 ; ( signed by Judge Sean J. McLaughlin on 2/2/05 ) CM all parties of record. (mad)

Status Conference held 2/4/05 @ 11:35 a.m. before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] City to respond to USA's Dauberl motion w/in 10 days Trial moved to March 7, 2005. Pretrial conference remains scheduled for 2/25/05 @ 9:00 a.m. Pretrial Memorand & proposed finding of fact and conclusinons of law may be filed by 2/23/05. (mad)

Stipulation by UNITED STATES, CITY OF ERIE, PA with proposed order. (mad)

Status Conference held 2/11/05 before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] (mad)

RESPONSE by CITY OF ERIE, PA to [58-1] motion to exclude Testimony Pursuant to F.R.Evid. 702 by UNITED STATES (mad)

PRETRIAL STATEMENT by UNITED STATES (mad)

MOTION by UNITED STATES in Limine with Proposed Order. (mad)

BRIEF by UNITED STATES in support of [65-1] motion in Limine by UNITED STATES (mad)

EXPERT REPORT by UNITED STATES (sdp)

Proposed Findings of Fact and Conclusions of Law by CITY OF ERIE, PA (mad)

TRIAL BRIEF by CITY OF ERIE, PA (mad)

REPLY BRIEF by UNITED STATES in support of [58-1] motion to exclude Testimony Pursuant to F.R.Evid. 702 by UNITED STATES (mad)

OBJECTIONS to Deft, CITY OF ERIE'S Proposed Trial Exhibits and Witnesses by UNITED STATES (mad)

TRIAL BRIEF by UNITED STATES (mad)

Proposed Findings of Fact and Conclusions of Law by UNITED STATES (mad)

Pre-Trial Conference held 2/25/05 before Judge Sean J. McLaughlin [ Reporter: Ron Bench ] Pltf's Motion (Doc. 58-1) to exclude testimony Pursuant to F.R.Evid. 702 is DENIED w/o Prejudice and Pltf's Motion (Doc. 65-1) in limine is DENIED w/o prjudice as set forth on the record. (mad)

DEPOSITION of Barber, Benge, Bowers, Dahlstrand, Davis DeDionisio, Emerick, Fetterman, Filippi, Ford, Haller, Hines, Kemling, Kovacs, Kress, Kuhn, Mangan, Nowkeji, Putnam, Raszkowski, Szocki, Szoszorek, Tempestini (mad)

TRANSCRIPT PRETRIAL MOTIONS & PRETRIAL CONFERENCE for date of 2/25/05 before McLaughlin, J. Court Reporter: Ronald J. Bench. (mad)

Non-Jury Trial begins 3/7/05. Continued to 3/8/05 before Judge Sean J. McLaughlin (mad)

Non-Jury Trial continued to 3/9/05 before Judge Sean J. McLaughlin (mad)

Non-Jury Trial continued to 3/10/05 before Judge Sean J. McLaughlin (mad)

Non-Jury Trial before McLaughlin concluded 3/10/05 . Court Reporter: Ron Bench. Upon receipt of the trial transcript, Deft has 20 days in which to submit supplemental Proposed Findings of Fact & Conclusions of Law. Pltf has 20 days thereafter in which to submit its own supplemental proposed findings of fact and conclusions of law. (mad)

TRANSCRIPT of Non-Jury Day No. 1 before McLaughlin, J. for date of 3/7/05. Court Reporter: Ronald J. Bench. (mad)

TRANSCRIPT of Non-Jury Trial - Day No. 2 for date of 3/8/05 befor McLaughlin, J. Court Reporter: Ronald J. Bench. (mad)

TRANSCRIPT of Non-Jury Trial - Day No. 3 for date of 3/9/05 before McLaughlin, J. Court Reporter: Ronald J. Bench. (mad)

TRANSCRIPT of Non - Jury Trial - Day No. 4 for date of 3/10/05 before McLaughlin, J. Court Reporter: Ronald J. Bench. (mad)

POST-TRIAL BRIEF by CITY OF ERIE, PA (mad)

Proposed Findings of Fact and Conclusions of Law by UNITED STATES. (mad)

Witness and Exhibit List by UNITED STATES.. (mad)

PROPOSED CONCLUSIONS OF LAW (mad)

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Sean J. McLaughlin on 12/13/05. (kas)

PARTIAL JUDGMENT in favor of Plaintiff against Defendant on the issue of liability. Signed by Judge Sean J. McLaughlin on 12/13/05. (kas)

NOTICE of Hearing: Status Conference set for 1/6/2006 at 1:30 PM in Courtroom C before the Honorable Sean J. McLaughlin. (nk)

Text Minute Entry for proceedings held before Judge Sean J. McLaughlin : Status Conference held on 1/6/2006. A proposed settlement conference is scheduled for 1/27/06 at 9:00 a.m. Within 10 days Plaintiff will notify Defendant of Settlement proposal. This is a text only entry; no PDF document attached; this is an official Court entry. (Court Reporter Ron Bench.) (nk)

TRANSCRIPT of Status Conference Proceedings held on 1/6/06 before Judge Sean J. McLaughlin. Court Reporter: Ron Bench. Request for Redaction of specific personal identifiers 1/24/2006. (sdp)

TEXT NOTICE of Hearing: Settlement Conference set for 1/27/2006 at 9:00 AM in Courtroom C before Judge Sean J. McLaughlin. This is a text-only notice; no PDF document attached; this is an Official Court Notice.(nk)