KIRLEY v. WILLIAMS, et al
Federal Civil Lawsuit Pennsylvania Western District Court, Case No. 1:02-cv-00355-MBC

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No Logo KAREN SUE KIRLEY, Plaintiff

Toggle Switch Represented by icubed.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Timothy P. O'Brien +1 412 232 4400 tob@icubed.com
v.
No Logo MATTHEW WILLIAMS, Defendant

Toggle Switch Represented by Marshall, Dennehey, Warner, Coleman & Goggin, PC

Name Phone Fax E-Mail
Space Patrick M. Carey +1 814 461 7800 +1 814 461 7818 pmcarey@mdwcg.com
No Logo Victory 2000 Indiana, Defendant
Officially listed as "VICTORY"

Toggle Switch Represented by Marshall, Dennehey, Warner, Coleman & Goggin, PC

Name Phone Fax E-Mail
Space Patrick M. Carey +1 814 461 7800 +1 814 461 7818 pmcarey@mdwcg.com
Office Erie
Filed 12/10/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Judgment - Jury Verdict
County Erie
Terminated 5/21/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '07-2728'['USCA for the Third Circuit']
Def Custody Status
Flags APPEAL, CLOSED
  Entries (104) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 83 Filed: 9/13/2007, Entered: 9/14/2007 TranscriptCourt Filing
TRANSCRIPT of conclusion of jury trial, closing, charge and verdict held on 5/10/2007 before Judge Maurice B. Cohill, Jr.. Court Reporter: Sandra Wenger. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 9/27/2007. (dm)
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    Legal Document 82 Filed: 9/13/2007, Entered: 9/14/2007 TranscriptCourt Filing
    TRANSCRIPT of third day of Jury trial held on May 9, 2007 before Judge Maurice B. Cohill, Jr.. Court Reporter: Sandra Wenger. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 9/27/2007. (dm)
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      Legal Document 81 Filed: 9/13/2007, Entered: 9/14/2007 TranscriptCourt Filing
      TRANSCRIPT of second day of Jury trial held on May 8, 2007 before Judge Maurice B. Cohill, Jr.. Court Reporter: Sandra Wenger. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 9/27/2007. (dm)
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        Legal Document 80 Filed: 9/13/2007, Entered: 9/14/2007 TranscriptCourt Filing
        TRANSCRIPT of Selection of Jury and Jury Trial Commencing on May 7, 2007 before Judge Maurice B. Cohill, Jr. Court Reporter: Sandra Wenger. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 9/27/2007. (dm)
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          Legal Document 79 Filed: 6/27/2007, Entered: 6/27/2007 TPO (Transcript Purchase Order Request)Court Filing
          TRANSCRIPT REQUEST by KAREN SUE KIRLEY for proceedings held on May 7 through May 10, 2007 before Judge Cohill, (O'Brien, Timothy)
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            Legal Document 77 Filed: 6/8/2007, Entered: 6/8/2007 USCA Appeal Fees
            USCA Appeal Fees received $ 455 receipt number 07-389 re [76] Notice of Appeal, filed by KAREN SUE KIRLEY, (dm)
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              Legal Document 76 Filed: 6/7/2007, Entered: 6/7/2007 Notice of Appeal
              NOTICE OF APPEAL by KAREN SUE KIRLEY. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (O'Brien, Timothy)
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                Legal Document 75 Filed: 5/21/2007, Entered: 5/21/2007 Judgment*Court Filing
                JUDGMENT in favor of Defendants OFFICER MATTHEW WILLIAMS and OFFICER VICTORY, City of Erie Police Officers, and against Plaintiff KAREN SUE KIRLEY. Signed by Judge Maurice B. Cohill on 5/21/2007. (kmw)
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                  Legal Document 74 Filed: 5/10/2007, Entered: 5/21/2007 Jury Verdict
                  JURY VERDICT in the form of Special Interrogatories in favor of Defendants MATTHEW WILLIAMS, VICTORY. (kmw)
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                    Legal Document 73 Filed: 5/10/2007, Entered: 5/21/2007 Jury Trial CompletedCourt Filing
                    Minute Entry for proceedings held before Judge Maurice B. Cohill: Jury Trial completed on 5/10/2007. Verdict in favor of Defendants and against Plaintiff. (Court Reporter S. Wenger.) (kmw)
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                      Legal Document 72 Filed: 5/10/2007, Entered: 5/21/2007 In Chambers ConferenceCourt Filing
                      Minute Entry for proceedings held before Judge Maurice B. Cohill: Charge Conference held on 5/10/2007. (Court Reporter S. Wenger.) (kmw)
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                        Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Order on Motion for Recusal
                        ORAL ORDER denying [ ] Motion for Recusal by KAREN SUE KIRLEY by Judge Maurice B. Cohill on 5/9/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                          Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Motion for Recusal
                          ORAL MOTION for Recusal by KAREN SUE KIRLEY. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                            Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Order on Motion for Miscellaneous Relief
                            ORAL ORDER denying [ ] Motion for Mistrial by KAREN SUE KIRLEY by Judge Maurice B. Cohill on 5/9/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                              Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Motion for Miscellaneous Relief
                              ORAL MOTION for Mistrial by KAREN SUE KIRLEY. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Order on Motion for Judgment as a Matter of Law
                                ORAL ORDER granting in part and denying in part [ ] Motion for Judgment as a Matter of Law by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER by Judge Maurice B. Cohill on 5/9/2007, to wit: as a matter of law, the officers' entry into the house was not illegal. CHARLES BOWER and CITY OF ERIE, PENNSYLVANIA dismissed from the case. KAREN SUE KIRLEY's claim for punitive damages dismissed from case. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                  Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Motion for Judgment as a Matter of Law
                                  ORAL MOTION for Judgment as a Matter of Law by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                    Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Order on Motion for Judgment as a Matter of Law
                                    ORAL ORDER denying [ ] Motion for Judgment as a Matter of Law by KAREN SUE KIRLEY by Judge Maurice B. Cohill on 5/9/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw) Modified on 5/11/2007 to add Judge's name and date (kmw).
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                                      Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Motion for Judgment as a Matter of Law
                                      ORAL MOTION for Judgment as a Matter of Law by KAREN SUE KIRLEY. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                        Blank -- Filed: 5/9/2007, Entered: 5/11/2007 Jury Trial Held
                                        Minute Entry for proceedings held before Judge Maurice B. Cohill: Jury Trial continued on 5/9/2007. (Court Reporter S. Wenger.) (kmw)
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                                          Blank -- Filed: 5/8/2007, Entered: 5/11/2007 Order on Motion in Limine
                                          ORAL ORDER granting [70] Motion in Limine by Judge Maurice B. Cohill on 5/8/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                            Blank -- Filed: 5/8/2007, Entered: 5/11/2007 Jury Trial Held
                                            Minute Entry for proceedings held before Judge Maurice B. Cohill: Jury Trial continued on 5/8/2007. (Court Reporter S. Wenger.) (kmw)
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                                              Legal Document 71 Filed: 5/7/2007, Entered: 5/11/2007 Pretrial Conference - FinalCourt Filing
                                              Minute Entry for proceedings held before Judge Maurice B. Cohill: Final Pretrial Conference held on 5/7/2007. Court orally grants [61], [62], [63], [64], and [67]. (Court Reporter S. Wenger.) (kmw)
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                                                Blank -- Filed: 5/7/2007, Entered: 5/11/2007 Jury Trial Begun
                                                Minute Entry for proceedings held before Judge Maurice B. Cohill: Jury Trial begun on 5/7/2007. (Court Reporter S. Wenger.) (kmw)
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                                                  Blank -- Filed: 5/7/2007, Entered: 5/11/2007 Order on Motion in Limine
                                                  ORAL ORDER granting [61] Motion in Limine, granting [62] Motion in Limine, granting [63] Motion in Limine, granting [64] Motion in Limine, granting [67] Motion in Limine by Judge Maurice B. Cohill on 5/7/2007. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (kmw)
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                                                    Legal Document 70 Filed: 5/4/2007, Entered: 5/4/2007, Terminated: 5/8/2007 Motion in Limine
                                                    MOTION in Limine to Strike Portion of Testimony of Donald Christmas by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Attachments: # (1) Exhibit A# (2) Proposed Order)(Carey, Patrick)
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                                                      Legal Document 69 Filed: 5/4/2007, Entered: 5/4/2007 ERRATA
                                                      Errata re [64] MOTION in Limine to Preclude the Defendants from Offering into Evidence the Unsworn Videotape Testimony and/or Transcripts of Such Testimony by KAREN SUE KIRLEY. Reason for Correction: Attach Proposed Order. (Attachments: # (1) Proposed Order)(O'Brien, Timothy)
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                                                        Legal Document 68 Filed: 5/4/2007, Entered: 5/4/2007, Terminated: 5/21/2007 Motion in Limine
                                                        MOTION in Limine in Conjunction with the Introduction of Matters Contained in a Videotaped Interview Conducted by the Erie Police Department by KAREN SUE KIRLEY. (Attachments: # (1) Exhibit Declaration of Jere Krakoff# (2) Exhibit Chart of Portions of Videotape to be Excluded# (3) Proposed Order)(O'Brien, Timothy)
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                                                          Blank -- Filed: 5/1/2007, Entered: 5/1/2007 Quality Control message - Generic Correction
                                                          CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [64] MOTION in Limine to Preclude the Defendants from Offering into Evidence the Unsworn Videotape Testimony and/or Transcripts of Such Testimony ERROR: No Proposed Order attached, Attachment is duplicate of main document CORRECTION: Resubmit document using the ERRATA event and attach proposed order. This message is for informational purposes only. (dm)
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                                                            Legal Document 67 Filed: 4/30/2007, Entered: 4/30/2007, Terminated: 5/7/2007 Motion in Limine
                                                            MOTION in Limine to Preclude Defendants from Offering Evidence that there were Alleged Rumors at Plaintiff's Place of Employment Suggesting Injuries were Caused by Former Husband by KAREN SUE KIRLEY. (Attachments: # (1) Proposed Order)(O'Brien, Timothy)
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                                                              Legal Document 66 Filed: 4/30/2007, Entered: 4/30/2007, Terminated: 5/21/2007 Motion in Limine
                                                              MOTION in Limine to Preclude Defendants from Offering Evidence as to the Alleged Reasons Mark Kirley, Jr. Left His Mother's House by KAREN SUE KIRLEY. (Attachments: # (1) Proposed Order)(O'Brien, Timothy)
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                                                                Legal Document 65 Filed: 4/30/2007, Entered: 4/30/2007, Terminated: 5/21/2007 Motion in Limine
                                                                MOTION in Limine to Preclude Defendants from Offering Evidence that a Weapon Fell from Mrs. Kirley's Clothing During the Course of Her Arrest by KAREN SUE KIRLEY. (Attachments: # (1) Exhibit # (2) Proposed Order)(O'Brien, Timothy)
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                                                                  Legal Document 64 Filed: 4/30/2007, Entered: 4/30/2007, Terminated: 5/7/2007 Motion in Limine
                                                                  MOTION in Limine to Preclude the Defendants from Offering into Evidence the Unsworn Videotape Testimony and/or Transcripts of Such Testimony by KAREN SUE KIRLEY. (Attachments: # (1) Duplicate Motion)(O'Brien, Timothy)
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                                                                    Legal Document 63 Filed: 4/27/2007, Entered: 4/27/2007, Terminated: 5/7/2007 Motion in Limine
                                                                    MOTION in Limine Regarding Prior Citizen's Complaints and/or Lawsuits Involving Former Chief of Police, Charles Bowers by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Attachments: # (1) Proposed Order)(Carey, Patrick)
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                                                                      Legal Document 62 Filed: 4/27/2007, Entered: 4/27/2007, Terminated: 5/7/2007 Motion in Limine
                                                                      MOTION in Limine Regarding Prior Citizen's Complaints and/or Internal Discipline Against Officer Ryan Victory by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Attachments: # (1) Proposed Order)(Carey, Patrick)
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                                                                        Legal Document 61 Filed: 4/27/2007, Entered: 4/27/2007, Terminated: 5/7/2007 Motion in Limine
                                                                        MOTION in Limine Regarding Prior Citizen's Complaints and/or Internal Discipline Against Officer Matthew Williams by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Attachments: # (1) Proposed Order)(Carey, Patrick)
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                                                                          Legal Document 60 Filed: 4/19/2007, Entered: 4/19/2007 Supplement
                                                                          SUPPLEMENT by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER to [45] Pretrial Statement. (Carey, Patrick)
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                                                                            Legal Document 59 Filed: 4/11/2007, Entered: 4/11/2007 OrderCourt Filing
                                                                            ORDER that court has conducted an in camera inspection of plaintiff's personnel records obtained by the defendants from third party Commonwealth of Pennsylvania Public Welfare Office and finds that such records contain no documentary evidence relevant to the issue of causation of plaintiff's injuries. Said personnel records shall be returned to plaintiff's attorney Timothy O'Brien, who may pick up said records in the Judge's Pittsburgh chambers. Signed by Judge Maurice B. Cohill on 4/11/2007. (kmw)
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                                                                              Legal Document 58 Filed: 3/30/2007, Entered: 3/30/2007 Proposed Voir Dire
                                                                              Proposed Voir Dire by KAREN SUE KIRLEY. (O'Brien, Timothy)
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                                                                                Legal Document 57 Filed: 3/30/2007, Entered: 3/30/2007 Proposed Jury Instructions
                                                                                Proposed Jury Instructions by KAREN SUE KIRLEY. (O'Brien, Timothy)
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                                                                                  Legal Document 56 Filed: 3/12/2007, Entered: 3/12/2007 Pretrial OrderCourt Filing
                                                                                  PRETRIAL ORDER: Final Pretrial Conference set for 5/7/2007 at 09:30 AM in Courtroom A before Judge Maurice B Cohill. Jury Selection and Trial set for immediately following the Final Pretrial Conference. Exhibits must be exchanged and marked in advance of trial. Two copies of Exhibit Binders, Witness Lists and Exhibit Lists due by 5/7/2007. Proposed Supplemental Voir Dire due by 4/30/2007. Unified Combined Set of Proposed Jury Instructions due by 4/27/2007. Joint Stipulations due by 5/7/2007. Motions in Limine due 4/27/2007. (See order for further details). Signed by Judge Maurice B. Cohill on 3/12/2007. (kmw)
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                                                                                    Legal Document 55 Filed: 3/12/2007, Entered: 3/12/2007 Pretrial Conference - InitialCourt Filing
                                                                                    Minute Entry for proceedings held before Judge Maurice B. Cohill: Initial Pretrial Conference held on 3/12/2007. Settlement not likely yet due to outstanding legal and discovery issues. Plaintiff argues that recent Supreme Court case (Georgia v. Randolph, 120 S.Ct. 1515) means that the Court will have to direct jury to find that there is no qualified immunity in this case. Defendant to review case. On the record, defendant issued subpoena for plaintiff's records from welfare office based on information that the files may contain information on relevant matter in this case. Plaintiff objects. Court allows defendant to collect the records and submit same to Court for in camera review within two weeks (3/26/2007). Defendant reviews outstanding requests for evidence from plaintiff. Plaintiff is to provide said materials, including a videotape, within two weeks (3/26/2007). Final pretrial conference is set for 5/7/2007 at 9:30 AM with jury selection to follow immediately thereafter. Pretrial order to be entered. (Court Reporter Sondra Black.) (kmw)
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                                                                                      Legal Document 54 Filed: 3/9/2007, Entered: 3/9/2007 Proposed Voir Dire
                                                                                      Proposed Voir Dire by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Carey, Patrick)
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                                                                                        Legal Document 53 Filed: 3/9/2007, Entered: 3/9/2007 Proposed Points for Charge
                                                                                        Proposed Points for Charge by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Carey, Patrick)
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                                                                                          Legal Document 52 Filed: 2/16/2007, Entered: 2/16/2007 OrderCourt Filing
                                                                                          ORDER denying re [35] MOTION for Summary Judgment. Proposed voir dire and points for charge due 3/9/2007. Final Pretrial Conference/Settlement Conference set for 3/12/2007 at 10:00 AM in Courtroom A before Judge Maurice B. Cohill. Court intends to schedule case for trial after consultation with counsel at pretrial conference, but anticipates that trial will not be conducted until 5/7/2007 Erie term or later. Signed by Judge Maurice B. Cohill on 2/15/2007. (kmw)
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                                                                                            Legal Document 51 Filed: 2/16/2007, Entered: 2/16/2007 Memorandum and OpinionCourt Filing
                                                                                            OPINION re [35] MOTION for Summary Judgment filed by CITY OF ERIE, PENNSYLVANIA, VICTORY, MATTHEW WILLIAMS, CHARLES BOWER. Signed by Judge Maurice B. Cohill on 2/15/2007. (kmw)
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                                                                                              Legal Document 50 Filed: 10/4/2006, Entered: 10/4/2006 Order on Motion to ContinueCourt Filing
                                                                                              ORDER granting [49] Motion to Postpone Trial. Trial scheduled for 10/23/2006 is postponed, to be rescheduled pending the outcome of the Defendants' Motion for Summary Judgment. Signed by Judge Maurice B. Cohill on 10/4/2006. (kmw)
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                                                                                                Legal Document 49 Filed: 10/3/2006, Entered: 10/3/2006, Terminated: 10/4/2006 Motion to Continue
                                                                                                Second MOTION to Continue Trial Date by KAREN SUE KIRLEY. (Attachments: # (1) Proposed Order)(O'Brien, Timothy)
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                                                                                                  Legal Document 48 Filed: 9/28/2006, Entered: 9/28/2006 OrderCourt Filing
                                                                                                  ORDER that the defendants having filed for summary judgment on the issue of qualified immunity, the Pretrial Conference scheduled for 10/2/2006 is postponed until further order of court. Signed by Judge Maurice B. Cohill on 9/28/2006. (kmw)
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                                                                                                    Legal Document 47 Filed: 9/25/2006, Entered: 9/25/2006 ERRATA
                                                                                                    Errata re [46] Pretrial Statement by KAREN SUE KIRLEY Reason for Correction: Attachments not filed. (Attachments: # (1) Exhibit # (2) Exhibit)(O'Brien, Timothy)
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                                                                                                      Legal Document 46 Filed: 9/22/2006, Entered: 9/22/2006 Pretrial Statement
                                                                                                      PRETRIAL STATEMENT filed by KAREN SUE KIRLEY.. (O'Brien, Timothy)
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                                                                                                        Legal Document 45 Filed: 9/22/2006, Entered: 9/22/2006 Pretrial Statement
                                                                                                        PRETRIAL STATEMENT filed by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER.. (Carey, Patrick)
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                                                                                                          Blank -- Filed: 8/15/2006, Entered: 8/15/2006 Set Deadlines
                                                                                                          Update Trial Management Deadlines: Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. Proposed Voir Dire by 10/16/2006. Points for Charge due by 10/16/2006. (kmw)
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                                                                                                            Blank -- Filed: 8/15/2006, Entered: 8/15/2006 Update Deadlines
                                                                                                            Update Deadlines: Text-only entry; no PDF document will issue. This text-only entry constitutes the Courts order or notice on the matter. Defendant's Pretrial Statement due by 9/22/2006. Plaintiff's Pretrial Statement due by 9/22/2006.(kmw)
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                                                                                                              Legal Document 44 Filed: 8/9/2006, Entered: 8/9/2006 Response
                                                                                                              RESPONSE to [37] Statement of Facts filed by KAREN SUE KIRLEY. (Attachments: # (1) Exhibit)(O'Brien, Timothy)
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                                                                                                                Legal Document 43 Filed: 8/9/2006, Entered: 8/9/2006 Brief in Opposition to Motion
                                                                                                                BRIEF in Opposition re [35] MOTION for Summary Judgment filed by KAREN SUE KIRLEY. (O'Brien, Timothy)
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                                                                                                                  Legal Document 42 Filed: 8/2/2006, Entered: 8/2/2006 Order on Motion to ContinueCourt Filing
                                                                                                                  ORDER granting [41] Consented to Motion to Postpone Date for Trial. Final Pretrial Conference set for 10/2/2006 at 10:00 AM in Courtroom A before Maurice B. Cohill. Parties are hereby notified that the Court intends to conduct settlement negotiations during the pretrial conference. Counsel are encouraged to meet prior to the pretrial conference in an effort to settle this case amicably. Court's Order dated 6/28/2006 is amended as follows: Jury Trial set for 10/23/2006 at 09:00 AM in Courtroom A before Maurice B. Cohill. Signed by Judge Maurice B. Cohill on 8/2/2006.(kmw)
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                                                                                                                    Legal Document 41 Filed: 7/31/2006, Entered: 7/31/2006, Terminated: 8/2/2006 Motion to Continue
                                                                                                                    MOTION to Continue Date for Trial by KAREN SUE KIRLEY. (Attachments: # (1) Exhibit # (2) Proposed Order)(O'Brien, Timothy)
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                                                                                                                      Legal Document 40 Filed: 7/27/2006, Entered: 7/27/2006 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                      ORDER granting [39] Motion for Extension of Time to File Response/Reply re [35] MOTION for Summary Judgment. Response due by 8/11/2006. Signed by Judge Maurice B. Cohill on 7/27/2006.(kmw)
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                                                                                                                        Legal Document 39 Filed: 7/26/2006, Entered: 7/26/2006, Terminated: 7/27/2006 Motion for Extension of Time to File Response/Repl
                                                                                                                        MOTION for Extension of Time to File Response/Reply as to [35] MOTION for Summary Judgment by KAREN SUE KIRLEY. (Attachments: # (1) Proposed Order)(O'Brien, Timothy)
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                                                                                                                          Legal Document 38 Filed: 7/13/2006, Entered: 7/13/2006 Appendix
                                                                                                                          Appendix of Exhibits in Support re [35] Motion for Summary Judgment by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(kmw)
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                                                                                                                            Legal Document 37 Filed: 7/13/2006, Entered: 7/13/2006 Concise Statement of Material Facts
                                                                                                                            STATEMENT OF UNDISPUTED MATERIAL FACTS in support re [35] Motion for Summary Judgment by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER.(kmw)
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                                                                                                                              Legal Document 36 Filed: 7/13/2006, Entered: 7/13/2006 Brief in Support of Motion
                                                                                                                              BRIEF in Support re [35] MOTION for Summary Judgment filed by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER.(kmw)
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                                                                                                                                Legal Document 35 Filed: 7/13/2006, Entered: 7/13/2006, Terminated: 2/16/2007 Motion for Summary Judgment
                                                                                                                                MOTION for Summary Judgment by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER.(kmw)
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                                                                                                                                  Legal Document 34 Filed: 7/13/2006, Entered: 7/13/2006 Order on Motion For Leave to File.Court Filing
                                                                                                                                  ORDER granting [33] Motion for Leave of Court to File Defendants' Motion for Summary Judgment. Further ordered that the Clerk of Court is directed to file forthwith Defendants' Motion for Summary Judgment, Brief in Support, Statement of Undisputed Material Facts, and Appendix of Exhibits, which were attached as exhibits to [33] Defendants' Motion for Leave of Court to File Motion for Summary Judgment. Signed by Judge Maurice B. Cohill on 7/13/2006.(kmw)
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                                                                                                                                    Legal Document 33 Filed: 7/12/2006, Entered: 7/12/2006, Terminated: 7/13/2006 Motion for Leave to File
                                                                                                                                    MOTION for Leave to File Motion for Summary Judgment by CITY OF ERIE, PENNSYLVANIA. (Attachments: # (1) Proposed Order # (2) Motion for Summary Judgment# (3) Brief in Support of Motion for Summary Judgment# (4) Statement of Undisputed Material Facts# (5) Appendix # (6) Exhibit A# (7) Exhibit B# (8) Exhibit C# (9) Exhibit D# (10) Exhibit E)(Carey, Patrick)
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                                                                                                                                    Blank 32 Filed: 7/11/2006, Entered: 7/11/2006, Terminated: 7/12/2006 Motion for Leave to File
                                                                                                                                    MOTION for Leave to File to File Summary Judgment by CITY OF ERIE, PENNSYLVANIA. (Attachments: # (1) Proposed Order # (2) Motion for Summary Judgment# (3) Brief in Support of Motion for Summary Judgment# (4) Statement of Undisputed Material Facts# (5) Appendix # (6) Exhibit A# (7) Exhibit B# (8) Exhibit C# (9) Exhibit D# (10) Exhibit E)(Carey, Patrick) Modified on 7/12/2006 removed from public view; refiled at [33] (dm).
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                                                                                                                                      Blank -- Filed: 7/11/2006, Entered: 7/11/2006 Quality Control message - No signature s/
                                                                                                                                      CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [27] MOTION for Leave to File Motion for Summary Judgment, [30] Appendix, [31] Brief in Support of Motion, [28] MOTION for Summary Judgment, [29] Statement of Facts. ERROR: Typed name omitted by s/ on [27], [28], [29], [30], [31]. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature.ERROR: Documents [28],[29],[30],[31] should be attachments to Document [27]. CORRECTION: Attorney to resubmit [27] with appropriate documents as attachments.ERROR: No Proposed Order Attached to [27] CORRECTION: Refile motion with Proposed Order. This message is for informational purposes only. (dm)
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                                                                                                                                        Blank 31 Filed: 7/10/2006, Entered: 7/10/2006 Brief in Support of Motion
                                                                                                                                        BRIEF in Support re [28] MOTION for Summary Judgment filed by CITY OF ERIE, PENNSYLVANIA. (Carey, Patrick) Modified on 7/11/2006 removed from public view; attorney to resubmit (dm).
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                                                                                                                                          Blank 30 Filed: 7/10/2006, Entered: 7/10/2006 Appendix
                                                                                                                                          Appendix to [28] Motion for Summary Judgment by CITY OF ERIE, PENNSYLVANIA. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E)(Carey, Patrick) Modified on 7/11/2006 removed from public view; attorney to resubmit(dm).
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                                                                                                                                            Blank 29 Filed: 7/10/2006, Entered: 7/10/2006 Concise Statement of Material Facts
                                                                                                                                            STATEMENT OF FACTS. by CITY OF ERIE, PENNSYLVANIA.. (Carey, Patrick) Modified on 7/11/2006 removed from public view; attorney to resubmit(dm).
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                                                                                                                                              Blank 28 Filed: 7/10/2006, Entered: 7/10/2006, Terminated: 7/11/2006 Motion for Summary Judgment
                                                                                                                                              MOTION for Summary Judgment by CITY OF ERIE, PENNSYLVANIA. (Carey, Patrick) Modified on 7/11/2006 removed from public view; attorney to resubmit (dm).
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                                                                                                                                                Blank 27 Filed: 7/10/2006, Entered: 7/10/2006, Terminated: 7/11/2006 Motion for Leave to File
                                                                                                                                                MOTION for Leave to File Motion for Leave of Court to File Motion for Summary Judgment by CITY OF ERIE, PENNSYLVANIA. (Carey, Patrick) Modified on 7/11/2006 Removed from public view; attorney to resubmit(dm).
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                                                                                                                                                  Legal Document 26 Filed: 6/28/2006, Entered: 6/28/2006 Pretrial OrderCourt Filing
                                                                                                                                                  ORDER that [16] Motion for Partial Summary Judgment is DENIED on the grounds that there are genuine issues of material fact. Defendants may file a request for leave to file a motion for summary judgment on the grounds of qualified immunity, accompanied by the Motion for Summary Judgment and Brief in Support, on or before 7/10/2006; Plaintiff's Response due by 7/28/2006. Plaintiff's Pretrial Statement due by 8/21/2006; Defendants' Pretrial Statement due by 8/21/2006. Proposed Voir Dire due by 8/24/2006; Points for Charge due by 8/24/2006. Trial set for 8/28/2006 at 09:00 AM in Courtroom A (Erie) before Maurice B. Cohill. Signed by Judge Maurice B. Cohill on 6/28/2006. (kmw)
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                                                                                                                                                    Legal Document 25 Filed: 6/28/2006, Entered: 6/28/2006 Settlement ConferenceCourt Filing
                                                                                                                                                    Minute Entry for proceedings held before Judge Maurice B. Cohill: Settlement Conference held on 6/28/2006. No settlement reached. Order to be entered setting up deadlines for motions and trial date. (Court Reporter None.)(kmw)
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                                                                                                                                                      Blank -- Filed: 6/27/2006, Entered: 6/27/2006 Notice of Hearing.
                                                                                                                                                      Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. NOTICE of Hearing: Settlement Conference set for 6/28/2006 at 2:00 p.m. is RESCHEDULED for 6/28/2006 at 11:00 AM in Courtroom 8A before Maurice B. Cohill. (kmw)
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                                                                                                                                                        Blank -- Filed: 6/21/2006, Entered: 6/21/2006 Notice of Hearing.
                                                                                                                                                        Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. NOTICE of Hearing: Settlement Conference set for 6/28/2006 at 02:00 PM in Courtroom 8A (Pittsburgh) before Maurice B. Cohill.(kmw)
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                                                                                                                                                          Legal Document 24 Filed: 12/28/2005, Entered: 12/28/2005 Order on Motion to Withdraw as AttorneyCourt Filing
                                                                                                                                                          ORDER granting [22] Motion to Withdraw as Attorney. Attorney Robert C. Brabender terminated . Signed by Judge Maurice B. Cohill on 12/28/05. (rw)
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                                                                                                                                                            Legal Document 23 Filed: 12/27/2005, Entered: 12/27/2005 ERRATA
                                                                                                                                                            Errata re [21] Notice of Appearance by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER Reason for Correction: Signature missing. (Carey, Patrick)
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                                                                                                                                                              Legal Document 22 Filed: 12/23/2005, Entered: 12/23/2005, Terminated: 12/28/2005 Motion to Withdraw as Attorney
                                                                                                                                                              MOTION to Withdraw as Attorney by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER. (dm)
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                                                                                                                                                                Legal Document 21 Filed: 12/23/2005, Entered: 12/23/2005 Notice of Appearance/
                                                                                                                                                                NOTICE of Appearance by Patrick M. Carey on behalf of MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSYLVANIA, CHARLES BOWER (Carey, Patrick)
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                                                                                                                                                                  Blank -- Filed: 12/23/2005, Entered: 12/23/2005 Quality Control message - No signature s/
                                                                                                                                                                  CLERK'S OFFICE QUALITY CONTROL MESSAGE. re [19] Notice of Appearance, [20] Notice of Appearance. ERROR: No signature or s/with typed name. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (dm)
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                                                                                                                                                                    Blank 20 Filed: 12/22/2005, Entered: 12/22/2005 Notice of Appearance/
                                                                                                                                                                    NOTICE of Appearance by Patrick M. Carey on behalf of MATTHEW WILLIAMS, VICTORY, CHARLES BOWER (Carey, Patrick) Modified on 12/27/2005 removed from public view; refiled at [21] (dm).
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                                                                                                                                                                      Blank 19 Filed: 12/22/2005, Entered: 12/22/2005 Notice of Appearance/
                                                                                                                                                                      NOTICE of Appearance by Patrick M. Carey on behalf of CITY OF ERIE, PENNSYLVANIA (Carey, Patrick) Modified on 12/27/2005 removed from public view; refiled at [21](dm).
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                                                                                                                                                                        Blank 18 Filed: 11/30/2004, Entered: 12/1/2004 Reply Brief
                                                                                                                                                                        REPLY BRIEF by KAREN SUE KIRLEY to Defendant's Brief in Opposition to Plaintiff's motion for partial summary judgment and Reply to Defendants Counter-statment of facts in Opposition to Plaintiff's motion for partial summary judgment and Exhibits (nk)
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                                                                                                                                                                          Blank 17 Filed: 11/17/2004, Entered: 11/17/2004 Response to Motion
                                                                                                                                                                          RESPONSE by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSY, CHARLES BOWER to [16-1] motion for Partial Summary Judgment by KAREN SUE KIRLEY (nk)
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                                                                                                                                                                            Blank -- Filed: 10/18/2004, Entered: 10/19/2004 Order
                                                                                                                                                                            ORDER upon motion of the pltf to refile her partial motion for summary judgment, and after due and deliberate consideration of the same, it is Ordered that Pltf's Motion for Partial Summary Judgment is considered to have been refiled as of 10/15/04 in its entirety, including the brief in support thereof and appendices previously filed with this court on or about 1/7/04; It is further Ordered that the defts shall file their, Response to Motion set to 11/15/04 for [16-1] motion for Partial Summary Judgment , and the pltf may file any further Reply to set to 11/22/04 ( signed by Judge Maurice B. Cohill Jr. on 10/18/04 ) CM all parties of record. (mad)
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                                                                                                                                                                              Blank 16 Filed: 10/15/2004, Entered: 10/18/2004, Terminated: 6/28/2006 Motion for Summary Judgment
                                                                                                                                                                              MOTION by KAREN SUE KIRLEY for Partial Summary Judgment with Proposed Order. (nk)
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                                                                                                                                                                                Blank 15 Filed: 9/24/2004, Entered: 9/27/2004 OrderCourt Filing
                                                                                                                                                                                ORDER denying [11-1] motion for Partial Summary Judgment, Reset Plaintiff Summary Judgment Deadline for 10/12/04 , Reset Defendants Response to Motion for Summary Judgement Deadline for 11/15/04 , Reset Reply Brief deadline to 11/22/04 ( signed by Judge Maurice B. Cohill Jr. on 9/23/04 ) CM all parties of record. (nk)
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                                                                                                                                                                                  Blank 14 Filed: 9/20/2004, Entered: 9/21/2004 Status Report
                                                                                                                                                                                  JOINT STATUS REPORT by KAREN SUE KIRLEY, MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSY, CHARLES BOWER (nk)
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                                                                                                                                                                                    Blank 13 Filed: 9/3/2004, Entered: 9/8/2004 OrderCourt Filing
                                                                                                                                                                                    ORDER, Parties shall submit a detailed "Joint Status Report" in this matter on or before 9/15/04. Counsel and parties are hereby notified that due to the lapse of time in this case, the pending "Motion for Partial Summary Judgment" may be denied without prejudice in the event that the matter is unresolved as of 9/20/04 ( signed by Judge Maurice B. Cohill Jr. on 9/3/04 ) CM all parties of record. (nk)
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                                                                                                                                                                                      Blank 12 Filed: 2/4/2004, Entered: 2/5/2004 OrderCourt Filing
                                                                                                                                                                                      ORDER, Response to Motion set to 2/27/04 for [11-1] motion for Partial Summary Judgment ( signed by Judge Maurice B. Cohill Jr. on 2/4/04 ) CM all parties of record. (nk)
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                                                                                                                                                                                        Blank 11 Filed: 10/27/2003, Entered: 10/28/2003, Terminated: 9/24/2004 Motion for Summary Judgment
                                                                                                                                                                                        MOTION with Brief in Support by KAREN SUE KIRLEY for Partial Summary Judgment with Proposed Order. (nk) Modified on 02/04/2004
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                                                                                                                                                                                          Blank 10 Filed: 5/19/2003, Entered: 5/20/2003 Case Management OrderCourt Filing
                                                                                                                                                                                          CASE MANAGEMENT ORDER setting Discovery cutoff on 9/19/03 ; Pretrial Statements for Plaintiffs due 10/15/03 ; Joining of parties amending of pleadings by 7/1/03 ; Motion Filing deadline due 10/1/03 ; Rule 26(a)(1) disclosure statements shall be due on or before 7/1/03; ( signed by Judge Maurice B. Cohill Jr. on 5/19/03 ) CM all parties of record. (nk)
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                                                                                                                                                                                            Blank 9 Filed: 5/19/2003, Entered: 5/20/2003 Case Management ConferenceCourt Filing
                                                                                                                                                                                            Case Management Conference held on 5/19/03 at 3:30 p.m. before Judge Maurice B. Cohill Jr. [ Reporter: n/a ] (nk)
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                                                                                                                                                                                              Blank -- Filed: 5/19/2003, Entered: 5/20/2003 Track Designation
                                                                                                                                                                                              CASE DESIGNATED to Track 1. (nk)
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                                                                                                                                                                                                Blank 8 Filed: 5/9/2003, Entered: 5/9/2003 Proposed Discovery Plan
                                                                                                                                                                                                PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by KAREN SUE KIRLEY, MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSY, CHARLES BOWER (nk)
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                                                                                                                                                                                                  Blank 7 Filed: 4/10/2003, Entered: 4/11/2003 OrderCourt Filing
                                                                                                                                                                                                  ORDER, Setting Case Management Conference for 3:30 p.m. on 5/19/03 signed by Judge Maurice B. Cohill Jr. on 4/10/03 ) CM all parties of record. (nk)
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                                                                                                                                                                                                    Blank 6 Filed: 2/21/2003, Entered: 2/21/2003 Answer
                                                                                                                                                                                                    ANSWER to Complaint by MATTHEW WILLIAMS, VICTORY, CITY OF ERIE, PENNSY, CHARLES BOWER (Attorney Robert C. Brabender) (mad)
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                                                                                                                                                                                                      Blank 5 Filed: 1/23/2003, Entered: 1/27/2003 Waiver of Service Executed
                                                                                                                                                                                                      WAIVER OF SERVICE Returned Executed as to VICTORY on 12/29/02 Answer due on 2/27/03 for VICTORY (nk)
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                                                                                                                                                                                                        Blank 4 Filed: 1/10/2003, Entered: 1/13/2003 Waiver of Service Executed
                                                                                                                                                                                                        WAIVER OF SERVICE Returned Executed as to MATTHEW WILLIAMS on 12/29/02 Answer due on 2/27/03 for MATTHEW WILLIAMS (nk)
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                                                                                                                                                                                                          Blank 3 Filed: 1/10/2003, Entered: 1/13/2003 Waiver of Service Executed
                                                                                                                                                                                                          WAIVER OF SERVICE Returned Executed as to CHARLES BOWER on 12/29/02 Answer due on 2/27/03 for CHARLES BOWER (nk)
                                                                                                                                                                                                            LREF
                                                                                                                                                                                                            Blank 2 Filed: 1/10/2003, Entered: 1/13/2003 Waiver of Service Executed
                                                                                                                                                                                                            WAIVER OF SERVICE Returned Executed as to CITY OF ERIE, PENNSY on 12/29/02 Answer due on 2/27/03 for CITY OF ERIE, PENNSY (nk)
                                                                                                                                                                                                              LREF
                                                                                                                                                                                                              Blank 1 Filed: 12/10/2002, Entered: 12/11/2002 Complaint
                                                                                                                                                                                                              COMPLAINT; jury demand Filing Fee $ 150.00 Receipt # 1312 (nk)
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