Case: Pitney v. City of Chester

COMPLAINT against CITY OF CHESTER, JOHN DOE 1, JOHN DOE 2, WILLIAM J. MURPHY, III ( Filing fee $ 400 receipt number 0313-13371963.), filed by KENARD PITNEY. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(GECKLE, PATRICK) (Entered: 02/25/2019)

Summons Issued as to CITY OF CHESTER, WILLIAM J. MURPHY, III. Two Forwarded To: Counsel on 2/25/19 (jwl, )

DEMAND for Trial by Jury by KENARD PITNEY. (jwl, )

WAIVER OF SERVICE Returned Executed by KENARD PITNEY. CITY OF CHESTER waiver sent on 3/1/2019, answer due 4/30/2019; WILLIAM J. MURPHY, III waiver sent on 3/1/2019, answer due 4/30/2019. (Attachments: # 1 Certificate of Service for City of Chester, # 2 Certificate of Service for William J. Murphy)(GECKLE, PATRICK) (Entered: 04/17/2019)

1 Certificate of Service for City of Chester

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2 Certificate of Service for William J. Murphy

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NOTICE of Appearance by NICHOLAS A. CUMMINS on behalf of CITY OF CHESTER, WILLIAM J. MURPHY, III with Jury Demand(CUMMINS, NICHOLAS) (Entered: 04/18/2019)

ANSWER to Complaint with Affirmative Defenses by CITY OF CHESTER, WILLIAM J. MURPHY, III.(CUMMINS, NICHOLAS) (Entered: 04/30/2019)

NOTICE of Hearing: A RULE 16 PRETRIAL PHONE CONFERENCE IS SET FOR 5/3/2019 AT 9:15 AM BEFORE HONORABLE ROBERT F. KELLY.(mr, ) (Entered: 05/01/2019)

STIPULATION AND ORDER THAT PLAINTIFF'S MONELL CLAIM AGAINST THE CITY OF CHESTER IS LIMITED ONLY TO THE ALLEGED POLICIES AND CUSTOMS OF THE CITY OF CHESTER WITH RESPECT TO THE STRIP SEARCHING OF DETAINEEDS. ALL OTHER GROUNDS FOR LIABILITY AGAINST THE CITY OF CHESTER ARE DISMISSED WITH PREJUDICE. PLAINTIFF'S CLAIM FOR PUNITIVIE DAMAGES AGAINST THE CITY OF CHESTER IS DISMISSED WITH PREJUDICE. PLAINTIFF'S CLAIMS FOR MALICIOUS PROSECUTION AND PENNSYLVANIA STATE LAW AGAINST ALL INDIVIDUAL DEFENDANTS ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/1/2019. 5/1/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/01/2019)

Minute Entry for proceedings held before HONORABLE ROBERT F. KELLY Telephone Conference held on 5/3/2019 (sg, ) (Entered: 05/06/2019)

SCHEDULING ORDER: DISCOVERY DUE BY 9/2/2019. DISPOSITIVE MOTIONS DUE BY 9/16/2019. ETC.. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/3/2019. 5/6/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/06/2019)

STIPULATION AND ORDER THAT ALL CLAIMS AGAINST DEFENDANT, POLICE OFFICER WILLIAM J. MURPHY, III ARE DISMISSED WITHOUT PREJUDICE.. SIGNED BY HONORABLE ROBERT F. KELLY ON 7/31/2019. 8/1/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/01/2019)

Joint MOTION for Extension of Time to File Dispositive Motions filed by KENARD PITNEY.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(GECKLE, PATRICK) (Entered: 08/09/2019)

1 Proposed Order

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2 Certificate of Service

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ORDERED THAT THE SCHEDULING ORDER IS AMENDED TO PROVIDE AS FOLLOWS, ALL DISCOVERY DUE BY 10/16/2019., DISPOSITIVE MOTIONS DUE BY 10/30/2019. ETC.. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/12/2019. 8/13/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/13/2019)

NOTICE of Appearance by EDWARD S. GOLDIS on behalf of KENARD PITNEY (GOLDIS, EDWARD) (Entered: 10/03/2019)

NOTICE of Appearance by ALAN FELDMAN on behalf of KENARD PITNEY (FELDMAN, ALAN) (Entered: 10/03/2019)

MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by KENARD PITNEY.Memorandum. (Attachments: # 1 Exhibit "A" Amended Complaint, # 2 Proposed Order, # 3 Certificate of Service)(GECKLE, PATRICK) (Entered: 10/03/2019)

1 Exhibit "A" Amended Complaint

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2 Proposed Order

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3 Certificate of Service

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MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by CITY OF CHESTER.Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 10/11/2019)

ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE ROBERT F. KELLY TO HONORABLE PAUL S. DIAMOND FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/11/2019. 10/15/2019 ENTERED AND COPIES E-MAILED.(nd, ) (Entered: 10/15/2019)

ORDERED THAT DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO AMEND THE COMPLAINT IS GRANTED. THE CITY OF CHESTER SHALL FILE A RESPONSE TO THE MOTION TO AMEND NOT LATER THAN 10/31/2019. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/11/2019.10/15/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/15/2019)

STANDING ORDER OUTLINED HEREIN.SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/15/2019. 10/15/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 10/15/2019)

MOTION for Summary Judgment filed by CITY OF CHESTER.Brief, Certificate of Service. (Attachments: # 1 Exhibit A-K, # 2 Exhibit L part 1, # 3 Exhibit L part 2, # 4 Exhibit L part 3, # 5 Exhibit M-N)(CUMMINS, NICHOLAS) (Entered: 10/30/2019)

1 Exhibit A-K

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2 Exhibit L part 1

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3 Exhibit L part 2

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4 Exhibit L part 3

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5 Exhibit M-N

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RESPONSE in Opposition re 14 MOTION to Amend/Correct FOR LEAVE TO AMEND THECOMPLAINT filed by CITY OF CHESTER. (CUMMINS, NICHOLAS) (Entered: 10/31/2019)

MOTION for Leave to File Brief in Excess of Page Limit filed by CITY OF CHESTER.Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 11/01/2019)

ORDER UPON CONSIDERATION OF DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMIT (DOC. NO. 21 ), IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION IS GRANTED.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/1/2019. 11/1/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/01/2019)

CORRESPONDENCE FROM ALAN M. FELDMAN, ESQ., DATED 11/5/2019.(rt) (Entered: 11/05/2019)

ORDER UPON CONSIDERATION OF THE PARTIES' JOINT LETTER REQUEST (DOC. NO. 23 ), IT IS HEREBY ORDERED THAT, PURSUANT TO THE PARTIES' AGREEMENT, MY DECISION ON PLAINTIFF'S MOTION TO AMEND (DOC. NO. 14 ) HIS COMPLAINT IS DEFERRED PENDING MY DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19 ).SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/5/2019. 11/5/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/05/2019)

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment filed by KENARD PITNEY.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(GECKLE, PATRICK) (Entered: 11/07/2019)

1 Proposed Order

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2 Certificate of Service

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ORDER UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR EXTENSION OF TIME (DOC. NO. 25 ) TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19 ), IT IS HEREBY ORDERED THAT PLAINTIFF'S MOTION IS GRANTED. PLAINTIFF SHALL RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BY NOVEMBER 20, 2019 AT 5:00 P.M.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/7/2019. 11/7/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/07/2019)

RESPONSE to Statement of Undisputed Material Facts re 19 MOTION for Summary Judgment filed by KENARD PITNEY. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Certificate of Service)(GECKLE, PATRICK) Modified on 11/21/2019 (lisad, ). (Entered: 11/20/2019)

1 Proposed Order

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Certificate of Service

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Plaintiff's Exhibit 1 (surveillance video) for Plaintiff's Response to Defendant's Motion to Summary Judgment. (Disk attached in envelope) (mbh, ) (Entered: 11/25/2019)

LETTER REQUEST FROM ALAN M. FELDMAN, ESQ., DATED 11/22/2019.SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/25/2019. 11/25/2019 ENTERED AND COPIES E-MAILED.(rt) (Entered: 11/25/2019)

ORDERED THAT PLAINTIFF'S REQUEST IS GRANTED. PLAINTIFF SHALL FILE ITS CORRECTED BRIEF FORTHWITH. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/25/2019. 11/26/2019 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 11/26/2019)

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Amended RESPONSE to Statement of Undisputed Material Facts re 19 MOTION for Summary Judgment filed by KENARD PITNEY. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(FELDMAN, ALAN) Modified on 11/27/2019 (lisad, ). (Entered: 11/26/2019)

1 Text of Proposed Order

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2 Exhibit

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REPLY Brief in Support re 19 MOTION for Summary Judgment filed by CITY OF CHESTER. Certificate of Service. (CUMMINS, NICHOLAS) Modified on 12/2/2019 (lisad, ). (Entered: 11/27/2019)

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/20/2020. 5/21/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/21/2020)

ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS SHALL RESPOND TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT NO LATER THAN 5/28/2020. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/20/2020. 5/21/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/21/2020)

CORRESPONDENCE FROM NICHOLAS A. CUMMINS, DATED MAY 22, 2020, by CITY OF CHESTER (rt) (Entered: 05/22/2020)

ORDERED THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE CLERK OF COURT SHALL DOCKET PLAINTIFFS AMENDED COMPLAINT. DEFENDANTS SHALL MOVE, ANSWER, OR OTHERWISE REPLY BY 6/9/2020. IT IS FURTHER ORDERED THAT CLASS CERTIFICATION MOTIONS ARE DUE 8/7/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON FRIDAY, 8/28/2020 AT 1 PM IN COURTROOM 14A. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/27/2020.5/27/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/27/2020)

AMENDED COMPLAINT against CITY OF CHESTER, JOHN DOE 1, JOHN DOE 2, filed by KENARD PITNEY.(sg, ) (Entered: 05/27/2020)

NOTICE of Appearance by ANDREW KEVIN MITNICK on behalf of KENARD PITNEY with Certificate of Service(MITNICK, ANDREW) (Entered: 06/01/2020)

MOTION to Amend/Correct 34 Order (Memorandum and/or Opinion),, Set Motion and R&R Deadlines/Hearings, to Certify for Appeal filed by CITY OF CHESTER.Brief, Certificate of Service.(CUMMINS, NICHOLAS) (Entered: 06/03/2020)

ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANT'S MOTION TO AMEND ORDER TO CERTIFY FOR APPEAL BY 6/8/20 AT 12:00 P.M.; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/3/20. 6/4/20 ENTERED AND E-MAILED.(JL ) (Entered: 06/04/2020)

NOTICE of Appearance by DAVID J. MACMAIN on behalf of CITY OF CHESTER with Certificate of Service(MACMAIN, DAVID) (Entered: 06/04/2020)

NOTICE of Appearance by BRIAN H. LEINHAUSER on behalf of CITY OF CHESTER with Certificate of Service(LEINHAUSER, BRIAN) (Entered: 06/04/2020)

RESPONSE in Opposition re 39 MOTION to Amend/Correct 34 Order (Memorandum and/or Opinion),, Set Motion and R&R Deadlines/Hearings, to Certify for Appeal filed by KENARD PITNEY. (Attachments: # 1 Certificate of Service)(FELDMAN, ALAN) (Entered: 06/08/2020)

1 Certificate of Service

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STIPULATION TO PARTIAL DISMISSAL by CITY OF CHESTER, KENARD PITNEY. (sg, ) (Entered: 06/09/2020)

ORDER THAT DEFENDANT'S MOTION TO AMEND ORDER TO CERTIFY APPEAL (DOC. 39 ) IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/9/2020.6/9/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/09/2020)

ORDERED THAT THE PARTIES' PARTIAL STIPULATION TO DISMISS (DOC. 44 ) IS APPROVED AND ADOPTED AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/9/2020. 6/9/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 06/09/2020)

ANSWER to 37 Amended Complaint by CITY OF CHESTER.(CUMMINS, NICHOLAS) (Entered: 06/09/2020)

MOTION to Compel Response to RFP filed by KENARD PITNEY.Certificate of Service. (Attachments: # 1 Certificate of Service)(FELDMAN, ALAN) (Entered: 06/29/2020)

1 Certificate of Service

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MOTION for Extension of Time to Complete Discovery filed by CITY OF CHESTER.Certificate of Service.(LEINHAUSER, BRIAN) (Entered: 06/29/2020)

RESPONSE to Motion re 48 MOTION to Compel Response to RFP filed by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 06/29/2020)

*VACATED PER # 52 FILED 6/30/20* ORDER THAT DEFENDANT PROVIDE FULL AND COMPLETE RESPONSES TO PLAINTIFF'S REQUESTS FOR DOCUMENTS AND INITIAL DISCLOSURES NO LATER THAN 6/30/20, AT 5:00 PM. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/29/20.6/30/20 ENTERED AND COPIES E-MAILED.(amas, ) Modified on 7/1/2020 (lisad, ). (Entered: 06/30/2020)

ORDER THAT DEFENDANTS MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY IS GRANTED. THE 6/29/2020 ORDER IS VACATED. PLAINTIFF SHALL RESPOND TO ALL WRITTEN CLASS DISCOVERY REQUESTS BY 7/10/2020. CLASS CERTIFICATION MOTIONS DUE 8/17/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON 9/2/2020 AT 1:00 PM. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/30/2020.6/30/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Main Document 52 replaced on 6/30/2020) (sg, ). (Entered: 06/30/2020)

MOTION Extend Scheduling Order Deadlines filed by KENARD PITNEY.Certificate of Service.(FELDMAN, ALAN) (Entered: 07/21/2020)

ORDER THAT PLAINTIFFS MOTION TO EXTEND SCHEDULING ORDER DEADLINES IS GRANTED. PARTIES SHALL COMPLETE ALL CLASS DISCOVERY BY 9/2/2020. PLAINTIFF SHALL FILE HIS CLASS CERTIFICATION MOTION BY 9/16/2020. A HEARING ON CLASS CERTIFICATION WILL BE HELD ON THURSDAY 1O/15/2020 AT 2:00 PM IN COURTROOM 14A. SIGNED BY HONORABLE PAUL S. DIAMOND ON 7/22/2020.7/22/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 07/22/2020)

Statement from All Counsel regarding Class Discovery and Mediation by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 08/11/2020)

ORDER THAT DEFENDANT'S LETTER REQUEST (DOC. 55 ) TO EXTEND THE CLASS DISCOVERY DEADLINES IS DENIED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/11/2020. 8/11/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 08/11/2020)

Letter to Honorable Paul S. Diamond by KENARD PITNEY.. (FELDMAN, ALAN) Modified on 9/8/2020 (lisad, ). (Entered: 09/03/2020)

ORDERED THAT THE PARTIES JOINTLY CONTACT JUDGE RICE'S CHAMBERS FORTHWITH TO SCHEDULE A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/3/2020. 9/3/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 09/03/2020)

NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR SEPTEMBER 30, 2020 AT 9:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE VIA TELECONFERENCE.(dc) (Entered: 09/10/2020)

ORDERED THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO UNITED STATES MAGISTRATE JUDGE TIMOTHY R. RICE FOR THE SCHEDULING OF A SETTLEMENT CONFERENCE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 9/8/2020. 9/11/2020 ENTERED AND COPIES E-MAILED.(sg, ) Modified on 9/14/2020 (lisad, ). (Entered: 09/11/2020)

MOTION to Certify Class filed by KENARD PITNEY.Motion to Certify Class. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(FELDMAN, ALAN) (Entered: 09/16/2020)

1 Text of Proposed Order

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Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Pretrial Conference held on 9/22/2020. (sg, ) (Entered: 09/22/2020)

NOTICE of Appearance by ANDREW J. DAVIS on behalf of CITY OF CHESTER with Certificate of Service(DAVIS, ANDREW) (Entered: 09/24/2020)

RESPONSE in Opposition re 61 MOTION to Certify Class filed by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 09/30/2020)

Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Settlement Conference held on 9/30/20. (amas, ) (Entered: 10/01/2020)

REPLY to Response to Motion re 61 MOTION to Certify Class filed by KENARD PITNEY. (FELDMAN, ALAN) (Entered: 10/07/2020)

Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Status Conference held on 10/15/2020. (sg, ) (Entered: 10/15/2020)

Statement regarding Upcoming Events by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 10/19/2020)

SCHEDULING ORDER: THAT UPON CONSIDERATION OF THE PARTIES JOINT LETTER REGARDING UPCOMING EVENTS (DOC. NO. 68) IT IS ORDERED THAT THE FOLLOWING DEADLINES ARE APPROVED FOR THE PERIOD BETWEEN TODAY AND DECEMBER 31ST, 2020AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/20/2020. 10/20/2020 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 10/20/2020)

Pl. Memo re New Strip Search Policy. (FELDMAN, ALAN) Modified on 10/30/2020 (lisad, ). (Entered: 10/29/2020)

Memorandum Regarding New Strip Search Policy for Implementation. (LEINHAUSER, BRIAN) Modified on 10/30/2020 (lisad, ). (Entered: 10/29/2020)

Statement regarding update to proposed matter timeline by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 01/06/2021)

Statement regarding additional update to proposed matter timeline by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 01/13/2021)

Settlement Agreement filed by CITY OF CHESTER.Brief. (Attachments: # 1 Brief, # 2 Exhibit A-F)(LEINHAUSER, BRIAN) Modified on 1/28/2021 (lisad, ). (Entered: 01/27/2021)

1 Brief

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ORDERED AS FOLLOWS: THE TERMS OF THE PARTIES SETTLEMENT AGREEMENT ARE HEREBY CONDITIONALLY APPROVED, SUBJECT TO FURTHER CONSIDERATION THEREOF AT THE FINAL APPROVAL HEARING PROVIDED FOR BELOW. I FIND THAT THE SETTLEMENT IS WITHIN THE RANGE OF REASONABLENESS AND THAT NOTICE OF THE PROPOSED SETTLEMENT SHOULD BE GIVEN AS PROVIDED IN THIS ORDER. A HEARING ON FINAL SETTLEMENT APPROVAL (THE FINAL APPROVAL HEARING) IS HEREBY SCHEDULED TO BE HELD BEFORE THIS COURT, VIRTUALLY, ON MONDAY,MAY 17, 2021 AT 1 PM, TO CONSIDER THE FAIRNESS, THE REASONABLENESS, AND ADEQUACY OF THE PROPOSED SETTLEMENT, THE DISMISSAL WITH PREJUDICE OF THIS CLASS ACTION WITH RESPECT TO THE RELEASED PARTIES THAT IS THE DEFENDANT HEREIN, AND THE ENTRY OF FINAL JUDGMENT IN THIS CLASS ACTION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/3/2021. 2/4/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 02/04/2021)

MOTION for Final Approval of Class Action Settlement, For an Award of Attorneys' Fees, and for Approval of Incentive Award to the Class Representative filed by KENARD PITNEY. Memorandum.(FELDMAN, ALAN) Modified on 5/11/2021 (tjd). (Entered: 05/10/2021)

Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND FAIRNESS HEARING held on 5/17/21. (JL ) (Entered: 05/18/2021)

ORDER I WILL APPROVE THE SETTLEMENT, WHICH IS FAIR, ADEQUATE, AND REASONABLE. I WILL ALSO APPROVE CLASS COUNSELS REQUEST FOR ATTORNEYS FEES, EXPENSES, AND INCENTIVE PAYMENTS. AN APPROPRIATE JUDGMENT FOLLOWS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/18/2021. 5/19/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/19/2021)

ORDERED AS FOLLOWS: PLAINTIFFS MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT (DOC. NO. 76) AND MOTION TO CERTIFY CLASS (DOC. NO. 61) ARE GRANTED; PLAINTIFFS MOTION FOR ATTORNEYS FEES (DOC. NO. 76) IS GRANTED. COUNSEL IS AWARDED $275,000. CLASS REPRESENTATIVE PITNEY IS AWARDED A $25,000 INCENTIVE PAYMENT; ALL CLAIMS ASSERTED BY PLAINTIFFS AND THE CLASS AGAINST DEFENDANT ARE DISMISSED WITH PREJUDICE IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT. THE CLERK OF COURT SHALL CLOSE THIS CASE. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/18/2021.5/19/2021 ENTERED AND COPIES E-MAILED.(sg, ) (Entered: 05/19/2021)

CORRESPONDENCE FROM PATRICK G. GECKLE, ESQ., DATED 6/30/2021.(rt) (Entered: 06/30/2021)

ORDER UPON CONSIDERATION OF PLAINTIFF'S LETTER (DOC. NO. 80 ), INFORMING ME THAT DEFENDANT HAS NOT CONFIRMED WHEN PAYMENT OF THE JUDGMENT WILL OCCUR, IT IS HEREBY ORDERED THAT DEFENDANT SHALL RESPOND TO THE LETTER NO LATER THAN TOMORROW, JULY 1, 2021 AT NOON. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS.SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/30/2021. 6/30/2021 ENTERED AND COPIES E-MAILED.(rt) (Entered: 06/30/2021)

Letter dated July 1, 2021 by CITY OF CHESTER. (LEINHAUSER, BRIAN) (Entered: 07/01/2021)