Case: Doe v. Delaware County

5:22-cv-01405 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 8, 2022

Closed Date: March 5, 2024

Clearinghouse coding complete

Case Summary

This is a case about the exclusion of an inmate from programs due to his HIV positive status.  On April 8, 2022, a named plaintiff, represented by LAMBDA Legal and the AIDS Law Project of Pennsylvania, filed suit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff filed suit against Delaware County, the GEO Group, a private for-profit correctional management company that operates George W. Hill Correctional Facility (GWHC), and multiple staff members at GWHC inclu…

This is a case about the exclusion of an inmate from programs due to his HIV positive status. 

On April 8, 2022, a named plaintiff, represented by LAMBDA Legal and the AIDS Law Project of Pennsylvania, filed suit in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff filed suit against Delaware County, the GEO Group, a private for-profit correctional management company that operates George W. Hill Correctional Facility (GWHC), and multiple staff members at GWHC including the facility administrator, warden, infectious disease nurse, head of nursing, counselor, and health services administration staff. The plaintiff alleged that he was excluded from programs and services while in prison due to his HIV positive status. These programs included his participation in the work program at GWHC and its benefits, including the loss of a paid work assignment, housing in the workers’ block, and the ability to earn good time credits. This action was brought under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Pennsylvania’s Confidentiality of HIV-related Information Act. The plaintiff sought a declaratory judgement and injunctive relief enjoining the defendants from engaging in unlawful discriminatory practices because of disability, implementation of a non-discrimination policy, training provided for staff, and compensatory and punitive damages. The case was originally assigned to District Judge Joseph F. Leeson Jr.

The plaintiff filed a motion to proceed under a pseudonym, but this was denied without prejudice on May 16, 2022.

On June 7, 2022, several defendants, including the defendant GEO Group and several employees of the GWHCF, filed a motion to dismiss. The defendant GEO Group argued it was a private corporation not subject to the Rehabilitation Act, and that it treated the plaintiff the same as others similarly situated. Further, the defendants infectious disease nurse and head of nursing at GWHCF argued they did not disclose any health-related information about the plaintiff and thus they did not violate the Pennsylvania Confidentiality of HIV Related Information Act.

The plaintiff filed another motion to proceed under a pseudonym on June 23, 2022. The next day, the plaintiff filed an amended complaint which added an ADA claim against the GEO Group.

In light of the amended complaint, the court dismissed the first motion to dismiss as moot. On July 7, 2022, the defendants GEO Group, the infectious disease nurse, and head of nursing filed a second motion to dismiss. In addition to reiterating their original arguments, defendant GEO Group argued that it was a private entity not subject to the ADA. The defendants further alleged that the plaintiff was not denied an employment opportunity because his work position was part of his rehabilitation.

The court denied the motion to dismiss on August 5, 2022. The court denied the motion because the defendant's argument required the court to view the facts in the light most favorable to the defendant instead of the plaintiff. Rule 12(b)(6) requires the court to accept all facts alleged in the complaint as true and draw all reasonable inferences in the plaintiff’s favor.

On October 7, 2022, the plaintiff voluntarily dismissed several defendants from the case, including the health services administration staff of GWHCF, the counselor of GWHCF, and the warden of GWHCF.

On November 16, 2022, a settlement conference for the parties was scheduled for April 5, 2023.

On November 30, 2022, the plaintiff filed another motion to proceed under pseudonym which was granted the same day.

The defendants filed a motion to consent to jurisdiction by a US Magistrate Judge on December 13, 2022, and this was granted the next day. On February 8, 2023, a settlement conference was scheduled for March 1, 2023, and then rescheduled to May 22, 2023.

The court dismissed the lawsuit with prejudice after the parties reached a settlement with a monetary payment on May 22, 2023. Terms of the settlement were not available to the Clearinghouse. On July 14, 2023, the defendants filed a motion to enforce the settlement after a disagreement over maintaining confidentiality of the settlement. On July 21, 2023, the plaintiff filed for relief under Rule 60B and to vacate the order of dismissal. The plaintiff argued it should be vacated because the defendants refused to execute a settlement release and pay agreed-upon settlement amount unless the plaintiff agrees to a non-disclosure agreement. They alleged this was not agreed upon at the settlement conference.

The court granted the motion to vacate the settlement agreement on August 2, 2023. Two days later the case was dismissed again with prejudice after the parties reached a settlement. Terms of the settlement were not available to the Clearinghouse.

On November 1, 2023, the plaintiff once again filed for relief under Rule 60B and requested the court vacate the order of dismissal arguing that the defendant was not following the terms of the settlement. The motion was granted by the court the next day.

The plaintiff filed a motion to enforce the settlement on January 3, 2024, but later withdrew this request on February 15, 2024. After the parties performed enforcement of the settlement, the plaintiff filed for dismissal of all claims on March 5, 2024. This case is closed.

Summary Authors

Alex DiLalla (4/23/2024)

Cara Claflin (3/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63225024/parties/doe-v-delaware-county/


Judge(s)
Attorney for Plaintiff

GOLDFEIN, RONDA (Pennsylvania)

GROGAN, JOHN J. (Pennsylvania)

INGELHART, KARA (Pennsylvania)

Attorney for Defendant

DIORIO, ROBERT M. (Pennsylvania)

FRY, MATTHEW H. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
1

5:22-cv-01405

Complaint

April 8, 2022

April 8, 2022

Complaint
26

5:22-cv-01405

Defendants, the GEO Group, Inc., Kristen Grady, and Debra McFadden Motion to Dismiss Plaintiff's Complaint

June 7, 2022

June 7, 2022

Pleading / Motion / Brief
33

5:22-cv-01405

Amended Complaint

June 24, 2022

June 24, 2022

Complaint
39

5:22-cv-01405

Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim

July 7, 2022

July 7, 2022

Pleading / Motion / Brief
42

5:22-cv-01405

Order

Aug. 5, 2022

Aug. 5, 2022

Order/Opinion

5:22-cv-01405

The United States’ Findings and Conclusions Based on its Investigation of the George W. Hill Correctional Facility under Title II of the Americans with Disabilities Act, DJ # 202-62-241

No Court

Nov. 1, 2022

Nov. 1, 2022

Findings Letter/Report
69

5:22-cv-01405

Order

May 23, 2023

May 23, 2023

Order/Opinion
70

5:22-cv-01405

Defendants, the GEO Group, Inc., Kristen Grady, and Debra McFadden’s Motion to Enforce Settlement

July 14, 2023

July 14, 2023

Pleading / Motion / Brief
74

5:22-cv-01405

Plaintiff John Doe's Motion to Vacate Order of Dismissal Under Local Rule 41.1(B) and FED. R. CIV. P. 60(B)

July 21, 2023

July 21, 2023

Pleading / Motion / Brief
77

5:22-cv-01405

Order

Aug. 2, 2023

Aug. 2, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63225024/doe-v-delaware-county/

Last updated April 5, 2026, 4:29 a.m.

ECF Number Date Description Link
1 April 8, 2022

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15846722.), filed by JOHN DOE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Designation Form Designation Form, # 3 Certificate of Service Certificate of Service)(GOLDFEIN, RONDA) (Attachment 1 replaced on 4/11/2022) (sbt). (Attachment 2 replaced on 4/11/2022) (sbt). (Entered: 04/08/2022)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Designation Form Designation Form

View on PACER

3 Certificate of Service Certificate of Service

View on PACER

Clearinghouse
2 April 8, 2022

MOTION For Leave To Proceed Under Pseudonym filed by JOHN DOE.Memorandum. (Attachments: # 1 Memorandum Memorandum Of Law In Supportof Plaintiffs Motion For Leave To Proceed Under Pseudonym, # 2 Text of Proposed Order Text of Proposed Order)(GOLDFEIN, RONDA) (Entered: 04/08/2022)

RECAP
3 April 8, 2022

MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-15846784.) filed by JOHN DOE.. (Attachments: # 1 Supplement Certificate of Good Standing)(GOLDFEIN, RONDA) (Entered: 04/08/2022)

RECAP
April 8, 2022

DEMAND for Trial by Jury by JOHN DOE. (JL)

4 April 9, 2022

NOTICE of Appearance by ADRIAN M. LOWE on behalf of JOHN DOE (LOWE, ADRIAN) (Entered: 04/09/2022)

RECAP
5 April 11, 2022

CERTIFICATE OF SERVICE by JOHN DOE re 2 MOTION For Leave To Proceed Under Pseudonym (GOLDFEIN, RONDA) (Entered: 04/11/2022)

RECAP
6 April 11, 2022

Summons Issued as to DAVID BYRNE, DELAWARE COUNTY, GEO GROUP, DEBRA MCFADDEN, LAURA WILLIAMS, JOSEPH [LNU], KRISTIN [LNU]. E-mailed To: Ronda Goldfein on 4/11/22 (fdc) (Entered: 04/11/2022)

RECAP
April 11, 2022

Jury Demand

7 April 12, 2022

INITIAL PROCEDURAL ORDER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/22. 4/12/22 ENTERED AND COPIES E-MAILED. (er) (Entered: 04/12/2022)

RECAP
8 April 12, 2022

ORDER THAT THE APPLICATION OF RICHARD SAENZ, ESQ. TO PRACTICE IN THIS COURT, IS GRANTED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/22.4/12/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 04/12/2022)

RECAP
9 April 12, 2022

MOTION for Pro Hac Vice ( Filing fee $ 40 receipt number APAEDC-15852754.) filed by JOHN DOE.. (Attachments: # 1 Supplement Good Standing Letter)(GOLDFEIN, RONDA) (Entered: 04/12/2022)

RECAP
10 April 13, 2022

ORDER THAT THE APPLICATION OF KARA INGELHART, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/13/22.4/13/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 04/13/2022)

RECAP
11 April 19, 2022

NOTICE of Appearance by JEFFREY M. SCOTT on behalf of DELAWARE COUNTY, LAURA WILLIAMS with Certificate of Service(SCOTT, JEFFREY) (Entered: 04/19/2022)

RECAP
12 May 11, 2022

NOTICE of Appearance by KARA INGELHART on behalf of JOHN DOE (INGELHART, KARA) (Entered: 05/11/2022)

RECAP
13 May 11, 2022

NOTICE of Appearance by RICHARD SAENZ on behalf of JOHN DOE (SAENZ, RICHARD ) (Entered: 05/11/2022)

RECAP
14 May 16, 2022

ORDER THAT PLAINTIFF'S MOTION TO PROCEED ANONYMOUSLY, ECF NO. 2, IS DENIED WITHOUT PREJUDICE AND WITH LEAVE TO REFILE AFTER ALL DEFENDANTS HAVE BEEN SERVED, THE TIME TO FILE A RESPONSIVE PLEADING HAS PASSED, AND PLAINTIFF HAS FULFILLED HIS OBLIGATIONS TO "CONTACT OPPOSING COUNSEL TO DISCUSS THOROUGHLY THE SUBSTANCE OF THE CONTEMPLATED MOTION AND ANY POTENTIAL RESOLUTION OF IT", SEE ECF NO. 7. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/16/22.5/16/22 ENTERED AND COPIES (NOT MAILED TO UNREP) E-MAILED.(er) (Entered: 05/16/2022)

RECAP
May 16, 2022

Copy of Doc. 14 mailed to Unrep. (mas)

May 17, 2022

Remark

15 May 19, 2022

NOTICE of Appearance by TANNEIKA MINOTT on behalf of DELAWARE COUNTY, LAURA WILLIAMS with Certificate of Service(MINOTT, TANNEIKA) (Entered: 05/19/2022)

RECAP
16 May 26, 2022

AFFIDAVIT of Service by John D. Scanlon re: served Summons and Complaint upon Delaware County, C/o Jeffrey M. Scott, Esq. by served Terry Lohoefer, secretary for Jeffrey M. Scott on 05/16/2022, answer due 6/6/2022. (LOWE, ADRIAN) Modified on 6/1/2022 (tjd). (Entered: 05/26/2022)

RECAP
17 May 26, 2022

Return OF SERVICE by JOHN DOE, AFFIDAVIT of Service by John D. Scanlon re: served Summons and Complaint upon Laura Williams, C/O Jeffrey M. Scott, Esq. by served Terry Lohoefer, secretary for Jeffrey M. Scott on 05/16/2022, answer due 6/6/2022. (LOWE, ADRIAN) Modified on 6/1/2022 (tjd). (Entered: 05/26/2022)

RECAP
18 May 26, 2022

AFFIDAVIT of Service by Timothy Weldon re: served Summons and Complaint upon Kristen Grady by served Lisa Matrodi, Deputy Warden on 5/18/2022 (LOWE, ADRIAN) (Entered: 05/26/2022)

RECAP
19 May 26, 2022

AFFIDAVIT of Service by Timothy Weldon re: served Summons and Complaint upon Unknown GWHCF Health Services Administration Staff by serving Lisa Mastrodi, Deputy Warden on 5/18/2022 (LOWE, ADRIAN) (Entered: 05/26/2022)

RECAP
20 May 26, 2022

AFFIDAVIT of Service by Timothy Weldon re: served Summons and Complaint upon Debra McFadden by serving Lisa Mastrodi, Deputy Warden on 5/18/2022, answer due 6/8/2022. (LOWE, ADRIAN) Modified on 6/1/2022 (tjd). (Entered: 05/26/2022)

RECAP
21 May 26, 2022

AFFIDAVIT of Service by John K. Smith re: served Summons and Complaint upon GEO Group c/o Corporate Creations Network by serving Krystal Parker, Admin. Asst. on 5/19/22, answer due 6/9/2022. (Attachments: # 1 Affidavit of due diligence)(LOWE, ADRIAN) Modified on 6/1/2022 (tjd). (Entered: 05/26/2022)

RECAP
22 May 26, 2022

Summons Returned Unexecuted by JOHN DOE as to DAVID BYRNE. (LOWE, ADRIAN) (Entered: 05/26/2022)

RECAP
23 May 26, 2022

Summons Returned Unexecuted by JOHN DOE as to JOSEPH [LNU]. (LOWE, ADRIAN) (Entered: 05/26/2022)

RECAP
24 June 3, 2022

ANSWER to Complaint, CROSSCLAIM against DAVID BYRNE, GEO GROUP, DEBRA MCFADDEN, UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF, JOSEPH [LNU], KRISTIN [LNU] by DELAWARE COUNTY, LAURA WILLIAMS. Affirmative Defenses.(MINOTT, TANNEIKA) Modified on 6/6/2022 (tjd). (Entered: 06/03/2022)

RECAP
25 June 7, 2022

NOTICE of Appearance by MATTHEW H. FRY on behalf of GEO GROUP, DEBRA MCFADDEN, KRISTIN [LNU] with Certificate of Service(FRY, MATTHEW) (Entered: 06/07/2022)

RECAP
26 June 7, 2022

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GEO GROUP, DEBRA MCFADDEN, KRISTIN [LNU].Memorandum, Certificate of Service.(FRY, MATTHEW) (Entered: 06/07/2022)

Clearinghouse
27 June 8, 2022

NOTICE of Appearance by MATTHEW H. FRY on behalf of UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF with Certificate of Service(FRY, MATTHEW) (Entered: 06/08/2022)

RECAP
28 June 8, 2022

MOTION to Strike Service of Process filed by UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF.Memorandum, Certificate of Service.(FRY, MATTHEW) (Entered: 06/08/2022)

RECAP
29 June 8, 2022

NOTICE of Appearance by ROBERT M. DIORIO on behalf of UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF with Certificate of Service(DIORIO, ROBERT) (Entered: 06/08/2022)

RECAP
30 June 14, 2022

NOTICE: No Proof of Service on Docket. (er) (Entered: 06/14/2022)

RECAP
31 June 21, 2022

ORDERED THAT THE PARTIES' JOINT STIPULATION IS GRANTED IN PART AS FOLLOWS: PLAINTIFF SHALL FILE HIS RESPONSE TO DEFENDANTS' MOTION TO DISMISS, ECF NO. 26, ON OR BEFORE JUNE 30, 2022. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/21/22. 6/21/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 06/21/2022)

RECAP
32 June 23, 2022

MOTION for Leave to Proceed Under Pseudonym filed by JOHN DOE.Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: # 1 Memorandum Memorandum of Law in Support of Plaintiffs Unopposed Motion for Leave to Proceed Under Pseudonym, # 2 Text of Proposed Order Text of Proposed Order)(SAENZ, RICHARD ) (Entered: 06/23/2022)

RECAP
33 June 24, 2022

AMENDED COMPLAINT against All Defendants All Defendants., filed by JOHN DOE.(SAENZ, RICHARD ) (Entered: 06/24/2022)

Clearinghouse
37 June 24, 2022

Summons Issued as to DELAWARE COUNTY, GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN, UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF, LAURA WILLIAMS, JOSEPH [LNU]. Forwarded To: Counsel on 6/24/22 (mas) (Entered: 06/30/2022)

RECAP
34 June 27, 2022

ORDER THAT DEFENDANTS MOTION TO DISMISS THE ORIGINAL COMPLAINT, ECF NO. 26, IS DISMISSED AS MOOT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/22.6/27/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/27/2022)

RECAP
35 June 27, 2022

ORDER THAT THE MOTION, ECF NO. 28, IS GRANTED AS UNCONTESTED AND SERVICE AS TO DEFENDANT UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF IS STRICKEN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/27/22.6/27/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/27/2022)

RECAP
36 June 29, 2022

ORDER THAT PLAINTIFFS MOTION, ECF NO. 32, IS DENIED WITHOUT PREJUDICE AND WITH LEAVE TO REFILE AFTER ALL DEFENDANTS HAVE BEEN SERVED OR THE TIME TO FILE A RESPONSIVE PLEADING HAS PASSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/29/22.6/29/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/29/2022)

RECAP
38 July 6, 2022

ANSWER to 33 Amended Complaint, CROSSCLAIM against GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN, UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF, JOSEPH [LNU] by DELAWARE COUNTY, LAURA WILLIAMS.(MINOTT, TANNEIKA) (Entered: 07/06/2022)

RECAP
39 July 7, 2022

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN.Memorandum, Certificate of Service.(FRY, MATTHEW) (Entered: 07/07/2022)

Clearinghouse
40 July 21, 2022

RESPONSE in Opposition re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN DOE. (Attachments: # 1 Text of Proposed Order Proposed Order)(SAENZ, RICHARD ) (Entered: 07/21/2022)

1 Text of Proposed Order Proposed Order

View on PACER

RECAP
41 Aug. 4, 2022

NOTICE of Withdrawal of Appearance by ROBERT M. DIORIO on behalf of GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN, UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF(DIORIO, ROBERT) (Entered: 08/04/2022)

RECAP
42 Aug. 5, 2022

ORDER THAT THE MOTION TO DISMISS, ECF 39, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/5/22.8/8/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 08/08/2022)

Clearinghouse
43 Aug. 17, 2022

ANSWER to 33 Amended Complaint WITH AFFIRMATIVE DEFENSES by GEO GROUP, KRISTEN GRADY, DEBRA MCFADDEN.(FRY, MATTHEW) (Entered: 08/17/2022)

RECAP
44 Aug. 25, 2022

NOTICE: No Proof of Service on Docket. (er) (Entered: 08/25/2022)

RECAP
45 Sept. 29, 2022

ORDER THAT PLAINTIFF SHALL SHOW CAUSE ON OR BEFORE OCTOBER 7, 2022, WHY ALL CLAIMS AGAINST DEFENDANTS JOSEPH [LNU] AND UNKNOWN GWHCF HEALTH SERVICES ADMINISTRATION STAFF SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE THE SUMMONS AND A COPY OF THE AMENDED COMPLAINT WITHIN NINETY DAYS OF FILING OF THE AMENDED COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/29/22. 9/29/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 09/29/2022)

RECAP
46 Oct. 7, 2022

NOTICE of Voluntary Dismissal by JOHN DOE As To Notice of Dismissal Joseph LNU(SAENZ, RICHARD ) (Entered: 10/07/2022)

RECAP
47 Oct. 7, 2022

NOTICE of Voluntary Dismissal by JOHN DOE As To Notice of Dismissal Unknown GWHCF Health Services Administration Staff(SAENZ, RICHARD ) (Entered: 10/07/2022)

RECAP
48 Oct. 7, 2022

RESPONSE TO ORDER TO SHOW CAUSE by JOHN DOE. (SAENZ, RICHARD ) (Entered: 10/07/2022)

RECAP
49 Oct. 20, 2022

NOTICE of Withdrawal of Appearance by RICHARD SAENZ on behalf of JOHN DOE **(ATTY NAME ON PDF DOES NOT MATCH FILING ATTY)**(SAENZ, RICHARD ) Modified on 10/21/2022 (tjd). (Entered: 10/20/2022)

RECAP
50 Oct. 26, 2022

NOTICE OF SCHEDULING OF INITIAL FED.R.CIV.P. 16 PRETRIAL CONFERENCE: AN INITIAL FEDERAL RULE OF CIVIL PROCEDURE 16 PRETRIAL CONFERENCE HAS BEEN SCHEDULED FOR TUESDAY, NOVEMBER 15, 2022, AT 4:00 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR. VIA TELEPHONE. SEE NOTICE FOR CALL-IN INFORMATION.(dja) (Entered: 10/26/2022)

RECAP
51 Oct. 27, 2022

NOTICE of Withdrawal of Appearance by KARA INGELHART on behalf of All Plaintiffs (INGELHART, KARA) (Entered: 10/27/2022)

RECAP
52 Nov. 9, 2022

NOTICE of Voluntary Dismissal by DELAWARE COUNTY, LAURA WILLIAMS(in her official capacity as Warden of GWHCF) As To Defendants GEO Group, Debra McFadden, and Kristin Grady(SCOTT, JEFFREY) (Entered: 11/09/2022)

RECAP
53 Nov. 14, 2022

NOTICE of Appearance by MATTHEW H. FRY on behalf of DELAWARE COUNTY, LAURA WILLIAMS with JURY TRIAL DEMAND AND CERTIFICATE OF SERVICE(FRY, MATTHEW) (Entered: 11/14/2022)

RECAP
54 Nov. 15, 2022

NOTICE of Withdrawal of Appearance by JEFFREY M. SCOTT on behalf of DELAWARE COUNTY, LAURA WILLIAMS(in her official capacity as Warden of GWHCF)(SCOTT, JEFFREY) (Entered: 11/15/2022)

RECAP
55 Nov. 15, 2022

NOTICE of Withdrawal of Appearance by TANNEIKA MINOTT on behalf of DELAWARE COUNTY, LAURA WILLIAMS(in her official capacity as Warden of GWHCF)(MINOTT, TANNEIKA) (Entered: 11/15/2022)

RECAP
56 Nov. 15, 2022

Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR: Pretrial Conference held on 11/15/22. Court Reporter: None. (er) (Entered: 11/15/2022)

RECAP
57 Nov. 16, 2022

SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 5/17/2023 04:00 PM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR. DISCOVERY DUE BY 3/20/2023. JURY SELECTION SET FOR 5/22/2023 09:00 AM IN Courtroom TBD BEFORE HONORABLE JOSEPH F. LEESON JR. MOTIONS DUE BY 3/15/2023. TRIAL DATE SET FOR 5/23/2022 09:00 AM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/16/22. 11/16/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 11/16/2022)

RECAP
58 Nov. 16, 2022

ORDER THAT AN IN-PERSON SETTLEMENT CONFERENCE IN THIS CASE IS SCHEDULED FOR WEDNESDAY, APRIL 5, 2023 AT 4:00 P.M. BEFORE THE HONORABLE JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE, AT THE EDWARD N. CAHN COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA 18101. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/16/22. 11/16/22 ENTERED AND COPIES E-MAILED. (er) (Entered: 11/16/2022)

RECAP
Nov. 16, 2022

Set/Reset Hearings: TRIAL DATE SET FOR 5/23/2023 09:00 AM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR.. TRIAL DATE SET FOR 5/24/2023 09:00 AM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR.. TRIAL DATE SET FOR 5/25/2023 09:00 AM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR.. TRIAL DATE SET FOR 5/26/2023 09:00 AM IN Cahn 3C BEFORE HONORABLE JOSEPH F. LEESON JR.. (er)

Nov. 16, 2022

Set/Reset Hearings

59 Nov. 30, 2022

MOTION Leave to Proceed Under Pseudonym filed by JOHN DOE.Memorandum. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs Unopposed Motion for Leave to Proceed Under Pseudonym, # 2 Proposed Order)(SAENZ, RICHARD ) (Entered: 11/30/2022)

RECAP
60 Nov. 30, 2022

ORDER THAT THE MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYM, IS GRANTED, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/30/22.11/30/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 11/30/2022)

RECAP
61 Dec. 13, 2022

CONSENT to Jurisdiction by US Magistrate Judge by DELAWARE COUNTY, GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN, LAURA WILLIAMS.. (FRY, MATTHEW) (Entered: 12/13/2022)

RECAP
62 Dec. 14, 2022

CONSENT AND ORDER TO JURISDICTION BY US MAGISTRATE JUDGE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/14/22. (Attachments: # 1 ASSIGNMENT SHEET) 12/14/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 12/14/2022)

RECAP
63 Feb. 8, 2023

ORDER THAT A SETTLEMENT CONFERENCE IS SET FOR 3/1/23 AT 2:00 PM BEFORE MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 2/8/23. 2/8/23 ENTERED & E-MAILED.(fdc) (Entered: 02/08/2023)

RECAP
64 March 3, 2023

NOTICE of Appearance by MARY CATHERINE ROPER on behalf of JOHN DOE with Certificate of Service(ROPER, MARY) (Entered: 03/03/2023)

RECAP
65 March 22, 2023

ORDER THAT THE SETTLEMENT CONFERENCE HAS BEEN RESCHEDULED TO 3/31/23 AT 2:30 PM BEFORE MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/22/23. 3/22/23 ENTERED & E-MAILED.(fdc) (Entered: 03/22/2023)

RECAP
66 March 31, 2023

ORDER THAT ON OR BEFORE 4/14/23, DEFENDANTS SHALL ANSWER ALL OUTSTANDING DISCOVERY. A SETTLEMENT CONFERENCE IS SET FOR 5/15/23 AT 10:00 AM BEFORE MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS VIA ZOOM. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 3/31/23. 3/31/23 ENTERED & E-MAILED.(fdc) (Entered: 03/31/2023)

RECAP
67 May 16, 2023

ORDER THAT A SETTLEMENT CONFERENCE HAS BEEN RESCHEDULED TO 5/22/23 AT 10:00 A.M. VIA VIDEO CONFERENCE; ETC.. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/16/23. 5/16/23 ENTERED AND E-MAILED.(JL) (Entered: 05/16/2023)

RECAP
68 May 23, 2023

Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS. Re: A Settlement Conference was held on 5/22/23. (fdc) (Entered: 05/23/2023)

RECAP
69 May 23, 2023

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 5/22/23. 5/23/23 ENTERED & E-MAILED.(fdc) *VACATED PURSUANT TO JUDGE WELLS' ORDER OF 8/2/23 77 * Modified 8/2/23 (fdc). (Entered: 05/23/2023)

Clearinghouse
70 July 14, 2023

MOTION to Enforce Settlement filed by GEO GROUP, KRISTEN GRADY, DEBRA MCFADDEN.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(FRY, MATTHEW) (Entered: 07/14/2023)

Clearinghouse
71 July 14, 2023

EXHIBIT A and B TO DOCUMENT 70 by GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN.. (FRY, MATTHEW) (Entered: 07/14/2023)

RECAP
72 July 17, 2023

RESPONSE in Opposition re 70 MOTION to Enforce Settlement of GEO Defendants filed by JOHN DOE. (ROPER, MARY) (Entered: 07/17/2023)

RECAP
73 July 21, 2023

NOTICE of Appearance by JOHN J. GROGAN on behalf of JOHN DOE with Certificate of Service(GROGAN, JOHN) (Entered: 07/21/2023)

RECAP
74 July 21, 2023

MOTION for Relief Under 60B from Order of Dismissal, MOTION to Vacate Order of Dismissal filed by JOHN DOE.. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(ROPER, MARY) (Entered: 07/21/2023)

1 Memorandum

View on RECAP

2 Text of Proposed Order

View on PACER

Clearinghouse
75 July 31, 2023

RESPONSE in Opposition re 74 MOTION for Relief Under 60B from Order of Dismissal MOTION to Vacate Order of Dismissal UNDER LOCAL RULE 41.1(B) AND FED.R.CIV.P. 60(B) filed by DELAWARE COUNTY, GEO GROUP, INC., KRISTEN GRADY, DEBRA MCFADDEN, LAURA WILLIAMS. (Attachments: # 1 Memorandum Memorandum of Law In Support of Opposition to Motion to Vacate Order of Dismissal, # 2 Text of Proposed Order Proposed Order, # 3 Text of Proposed Order Alternate Order, # 4 Certificate of Service)(FRY, MATTHEW) (Entered: 07/31/2023)

RECAP
76 Aug. 1, 2023

ORDER THAT AN ORAL ARGUMENT ON THE PENDING MOTIONS WILL TAKE PLACE ON 8/2/23 AT 2:30 PM IN COURTROOM 3-F ON THE THID FLOOR. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 8/1/23. 8/1/23 ENTERED & E-MAILED.(fdc) (Entered: 08/01/2023)

RECAP
77 Aug. 2, 2023

ORDER THAT PLAINTIFF'S 74 MOTION TO VACATE IS GRANTED. IT IS FURTHER ORDERED THAT THE COURT'S 41.1(B) DISMISSAL ORDER OF MAY 22, 2023 69 IS VACATED. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 8/2/23.8/2/23 ENTERED & E-MAILED.(fdc) (Entered: 08/02/2023)

Clearinghouse
78 Aug. 3, 2023

Minute Entry for proceedings held before MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS Oral Argument - Motion Hearing held on 8/2/23. Court Reporter: ESR. (bw) (Main Document 78 replaced on 8/4/2023) (bw). (Entered: 08/03/2023)

RECAP
79 Aug. 3, 2023

ORDER THAT UPON CONSIDERATION OF DEFENDANTS MOTION TO ENFORCE SETTLEMENT 70, PLAINTIFFS RESPONSE THERETO 72, AND AFTER A HEARING WITH ALL COUNSEL ON AUGUST 2, 2023, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED AS MOOT. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 8/3/23.8/3/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 08/03/2023)

RECAP
80 Aug. 4, 2023

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 8/4/23. 8/7/23 ENTERED & E-MAILED.(fdc) *ORDER VACATED PURSUANT TO JUDGE WELLS' ORDER OF 11/2/23* Modified 11/2/23 (fdc). (Entered: 08/07/2023)

Clearinghouse
81 Nov. 1, 2023

MOTION to Vacate 80 Order Dismissing Case - 41(b) and enforce settlement filed by JOHN DOE.. (Attachments: # 1 Brief, # 2 Declaration, # 3 Text of Proposed Order)(ROPER, MARY) Modified on 11/2/2023 (tjd). (Entered: 11/01/2023)

1 Brief

View on RECAP

2 Declaration

View on PACER

3 Text of Proposed Order

View on PACER

RECAP
82 Nov. 2, 2023

ORDER THAT PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT 81 IS GRANTED INSOFAR AS THE ORDER OF 8/4/23 80 IS VACATED. IT IS FURTHER ORDERED THAT THE ISSUE OF ENFORCING SETTLEMENT IS TAKEN UNDER ADVISEMENT. SIGNED BY MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS ON 11/1/23.11/2/23 ENTERED & E-MAILED.(fdc) (Entered: 11/02/2023)

RECAP
83 Jan. 3, 2024

MOTION to Enforce Settlement, and for Prejudgment Interest and Attorney's Fees filed by JOHN DOE.. (Attachments: # 1 Brief in Support, # 2 Declaration of Mary Catherine Roper, # 3 Text of Proposed Order)(ROPER, MARY) (Entered: 01/03/2024)

RECAP
84 Jan. 17, 2024

RESPONSE in Opposition re 83 MOTION to Enforce Settlement, and for Prejudgment Interest and Attorney's Fees filed by DELAWARE COUNTY, GEO GROUP, KRISTEN GRADY, DEBRA MCFADDEN, LAURA WILLIAMS. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Certificate of Service, # 4 Text of Proposed Order)(FRY, MATTHEW) (Entered: 01/17/2024)

RECAP
85 Feb. 15, 2024

NOTICE of Withdrawal of re 83 MOTION to Enforce Settlement, and for Prejudgment Interest and Attorney's Fees (ROPER, MARY) (Entered: 02/15/2024)

RECAP
86 March 5, 2024

STIPULATION of Dismissal of all claims and all parties by JOHN DOE. (ROPER, MARY) (Entered: 03/05/2024)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: April 8, 2022

Closing Date: March 5, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An adult man diagnosed with HIV who was detained at George W. Hill Correctional Facility (“GWHCF”) in Delaware County, Pennsylvania from February 2020 through July 2020.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Delaware County

Private Entity/Person

GEO Group, Inc.

George W. Hill Correctional Facility

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Non-government for-profit

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

State Anti-Discrimination Law

State law

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of Pennsylvania 5:22-cv-01405

Available Documents:

Complaint (any)

Findings Letter/Report

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Good time

Work release or work assignments

Medical/Mental Health Care:

HIV/AIDS

Recommended Citation