SPEAKS v. UNITED STATES OF AMERICA
| Pennsylvania Eastern District Court | |
| Judge: | Gerald A Mchugh |
| Case #: | 2:23-cv-00487 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1346 Tort Claim |
| Case Filed: | Feb 07, 2023 |
| Terminated: | Nov 25, 2024 |
| Last checked: Sunday Aug 06, 2023 7:05 AM EDT |
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Cross Claimant
UNITED STATES OF AMERICA
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Represented By
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Cross Defendant
Elwyn Industries, Inc.
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Defendant
UNITED STATES OF AMERICA
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Represented By
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Defendant
Elwyn Industries, Inc.
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Plaintiff
NAOMI SPEAKS
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Represented By
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GPO
Nov 25 2024
MEMORANDUM; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 11/25/24. 11/25/24 ENTERED AND E-MAILED.(JL) |
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GPO
Nov 25 2024
ORDER THAT DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED AND THIS CASE IS DISMISSED. THE CLERK OF COURT IS REQUIRED TO MARK THIS CASE CLOSED; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 11/25/24. 11/25/24 ENTERED AND E-MAILED.(JL) |
| Docket last updated: 02/10/2025 11:59 PM EST |
| Tuesday, January 28, 2025 | ||
| 34 | 34
appeal
USCA Notice of Docketing ROA
Tue 01/28 11:59 AM
NOTICE of Docketing Record on Appeal from USCA re32 Notice of Appeal filed by NAOMI SPEAKS. USCA Case Number 25-1156 (JL) |
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| Monday, January 27, 2025 | ||
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appeal
USCA Appeal Fees
Mon 01/27 11:16 AM
USCA Appeal Fees received $ 605 receipt number 20026642 re32 Notice of Appeal filed by NAOMI SPEAKS (ems) |
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| Friday, January 24, 2025 | ||
| 32 | 32
appeal
Notice of Appeal
Fri 01/24 4:43 PM
NOTICE OF APPEAL as to31 Order (Memorandum and/or Opinion),30 Memorandum and/or Opinion by NAOMI SPEAKS. (APPEAL FEE NOT PAID, NO IFP FILED) (JL) |
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| Monday, November 25, 2024 | ||
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1
pgs
order
Memorandum and/or Opinion Order
Mon 11/25 10:27 AM
ORDER THAT DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ARE GRANTED AND THIS CASE IS DISMISSED. THE CLERK OF COURT IS REQUIRED TO MARK THIS CASE CLOSED; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 11/25/24. 11/25/24 ENTERED AND E-MAILED.(JL) |
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pgs
order
Memorandum and/or Opinion
Mon 11/25 10:23 AM
MEMORANDUM; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 11/25/24. 11/25/24 ENTERED AND E-MAILED.(JL) |
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| Wednesday, October 02, 2024 | ||
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respm
Response in Support of Motion
Wed 10/02 2:07 PM
RESPONSE in Support re25 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (MELLEY, REBECCA) |
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| Friday, September 27, 2024 | ||
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respm
Response in Opposition to Motion
Fri 09/27 10:38 PM
RESPONSE in Opposition re26 MOTION for Summary Judgment filed by NAOMI SPEAKS. (POMERANTZ, MICHAEL) |
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respm
Response in Opposition to Motion
Fri 09/27 10:37 PM
RESPONSE in Opposition re25 MOTION for Summary Judgment filed by NAOMI SPEAKS. (POMERANTZ, MICHAEL) |
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| Friday, September 13, 2024 | ||
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motion
Summary Judgment
Fri 09/13 5:35 PM
MOTION for Summary Judgment filed by Elwyn Industries, Inc..Memorandum, Certificate of Service and Proposed Order.(ASHER, JOHN) |
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Att: 1
Memorandum Memorandum,
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Att: 2
Exhibit A Pl. Dep. Tran. with Speaks-2,
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Att: 3
Exhibit B Howard Heller Dep. Tran,
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Att: 4
Exhibit B Exhibit HowardHeller1,
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Att: 5
Exhibit B Exhibit HowardHeller2,
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Att: 6
Exhibit B Exhibit HowardHeller3,
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Att: 7
Exhibit B Exhibit HowardHeller4,
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Att: 8
Exhibit B Exhibit HowardHeller5,
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Att: 9
Exhibit B Exhibit HowardHeller6,
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Att: 10
Exhibit C Letter from GSA,
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Att: 11
Exhibit D. Mark Falter Dep. Tran.,
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Att: 12
Exhibit E. David H. Fleisher Report,
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Att: 13
Text of Proposed Order Order,
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Att: 14
Certificate of Service Certificate of Service
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motion
Summary Judgment
Fri 09/13 10:42 AM
MOTION for Summary Judgment filed by UNITED STATES OF AMERICA.Memorandum, Certificate of Service.(MELLEY, REBECCA) |
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Att: 1
Memorandum Memo in Support of Motion,
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Att: 2
Exhibit A - Speaks dep excerpts,
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Att: 3
Exhibit B - Falter dep excerpts,
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Att: 4
Exhibit C - Ramick dep excerpts,
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Att: 5
Exhibit D - Heller dep excerpt's,
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Att: 6
Exhibit E - Triple Canopy Incident Report,
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Att: 7
Exhibit F - test message,
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Att: 8
Exhibit G - Summary of Speaks Custom House shifts,
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Att: 9
Exhibit H - Expert Report David Fleisher, P.E.,
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Att: 10
Text of Proposed Order
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| Tuesday, April 30, 2024 | ||
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1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Tue 04/30 1:45 PM
ORDER THAT PLAINTIFF NAOMI SPEAKS UNOPPOSED MOTION TO EXTEND CASE DEADLINES IS GRANTED. ALL DEADLINES IN THE COURT'S 11/6/23, PRETRIAL SCHEDULING ORDER ARE EXTENDED BY SIXTY DAYS; ETC.. SIGNED BY DISTRICT JUDGE GERALD A. MCHUGH ON 4/30/24.4/30/24 ENTERED AND E-MAILED.(JL) |
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motion
Extension of Time to Complete Discovery
Tue 04/30 9:32 AM
First MOTION for Extension of Time to Complete Discovery filed by NAOMI SPEAKS.Certificate of Service.(POMERANTZ, MICHAEL) |
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| Monday, November 06, 2023 | ||
| 22 | 22
order
Scheduling Order
Mon 11/06 1:45 PM
SCHEDULING ORDER THAT ALL FACTUAL DISCOVERY SHALL BE COMPLETED BY 6/3/24. DISPOSITIVE MOTIONS SHALL BE DUE BY 7/15/24; ETC.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/6/23. 11/6/23 ENTERED AND E-MAILED.(JL) |
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| Thursday, November 02, 2023 | ||
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misc
Proposed Order
Thu 11/02 2:12 PM
Proposed Pretrial Order Rule 16(B) Scheduling by Elwyn Industries, Inc.. (ASHER, JOHN) |
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| Tuesday, October 03, 2023 | ||
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1
pgs
order
Order
Tue 10/03 2:14 PM
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| Wednesday, September 27, 2023 | ||
| 19 | 19
answer
Answer to Crossclaim
Wed 09/27 3:59 PM
United States Answer to Crossclaim ANSWER to17 Answer to Amended Complaint, Crossclaim of Elwyn Industries Inc. by UNITED STATES OF AMERICA.(MELLEY, REBECCA) |
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| Friday, September 22, 2023 | ||
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answer
Answer to Crossclaim
Fri 09/22 4:10 PM
Defendant Elwyn Industries ANSWER to13 Answer to Complaint, Crossclaim of United States of America by Elwyn Industries, Inc..(ASHER, JOHN) |
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| 17 | 17
answer
Answer to Amended Complaint Crossclaim
Fri 09/22 4:07 PM
Defendant Elwyn Industries ANSWER to11 Amended Complaint of Plaintiff Naomi Speaks , CROSSCLAIM against UNITED STATES OF AMERICA by Elwyn Industries, Inc..(ASHER, JOHN) |
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| Thursday, September 07, 2023 | ||
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1
pgs
order
Order Setting Answer Deadline
Thu 09/07 10:44 AM
STIPULATION AND ORDER THAT Elwyn Industries, Inc. SHALL HAVE A 20 DAY EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT DUE BY 9/25/23; ETC.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/7/23. 9/7/23 ENTERED AND E-MAILED.(JL) |
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| Wednesday, September 06, 2023 | ||
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misc
Stipulation
Wed 09/06 3:06 PM
STIPULATION for Extension of Time to Respond to Plaintiff's Complaint by Elwyn Industries, Inc.. (ASHER, JOHN) |
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| 14 | 14
notice
Notice of Appearance
Wed 09/06 2:56 PM
NOTICE of Appearance by JOHN T. ASHER, III on behalf of Elwyn Industries, Inc. with Certificate of Service(ASHER, JOHN) |
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| Wednesday, July 26, 2023 | ||
| 13 | 13
answer
Answer to Complaint Crossclaim
Wed 07/26 12:43 PM
ANSWER to Complaint (Amended) with Affirmative Defenses , CROSSCLAIM against Elwyn Industries, Inc. by UNITED STATES OF AMERICA.(SHAH, MANSI) |
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Att: 1
Exhibit A
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misc
Affidavit
Wed 07/26 9:32 AM
AFFIDAVIT of Service of Def Elwyn Industries, Inc. by NAOMI SPEAKS. (POMERANTZ, MICHAEL) |
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| Tuesday, July 18, 2023 | ||
| 11 | 11
cmp
Amended Complaint
Tue 07/18 3:20 PM
AMENDED COMPLAINT against Elwyn Industries, Inc., filed by NAOMI SPEAKS.(POMERANTZ, MICHAEL) |
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| Monday, July 17, 2023 | ||
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1
pgs
order
Order on Motion for Leave to File
Tue 07/18 9:26 AM
ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT IS GRANTED; ETC.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/17/23.7/18/23 ENTERED AND E-MAILED.(JL) |
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| Thursday, June 29, 2023 | ||
| 9 | 9
motion
Leave to File Document
Thu 06/29 4:52 PM
MOTION for Leave to File Amended Complaint filed by NAOMI SPEAKS.Certificate of Service.(POMERANTZ, MICHAEL) |
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| Thursday, May 18, 2023 | ||
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misc
Report Of
Thu 05/18 9:04 AM
Report Of Rule 26f Conference by NAOMI SPEAKS. (POMERANTZ, MICHAEL) |
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| Friday, April 21, 2023 | ||
| 7 | 7
notice
Notice of Hearing
Mon 04/24 8:24 AM
NOTICE of Hearing: PRETRIAL CONFERENCE SET FOR 5/24/2023 02:00 PM IN Judge's Chambers BEFORE HONORABLE GERALD A. MCHUGH.(amas) |
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| 6 | 6
notice
Notice of Appearance
Fri 04/21 9:27 AM
NOTICE of Appearance by REBECCA SANTORO MELLEY on behalf of UNITED STATES OF AMERICA with Certificate of Service(MELLEY, REBECCA) |
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| 5 | 5
answer
Answer to Complaint
Fri 04/21 9:25 AM
Defendant United States of America ANSWER to Complaint With Affirmative Defenses by UNITED STATES OF AMERICA.(SHAH, MANSI) |
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| Tuesday, February 21, 2023 | ||
| 4 | 4
service
Acceptance of Service by U.S. Attorney
Tue 02/21 12:02 PM
Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (JL) |
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| Tuesday, February 07, 2023 | ||
| 3 | 3
notice
Notice (Other)
Tue 02/07 4:25 PM
NOTICE by NAOMI SPEAKS Civil Cover Sheet(POMERANTZ, MICHAEL) |
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Att: 1
Designation Form
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| 2 | 2
service
Summons Issued as to USA
Tue 02/07 3:47 PM
Summons Issued as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 2/7/23 (JL) |
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| 1 | 1
cmp
Complaint (Attorney)
Tue 02/07 2:57 PM
COMPLAINT against UNITED STATES ( Filing fee $ 402 receipt number APAEDC-16485369.), filed by Naomi Speaks.(POMERANTZ, MICHAEL) |
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misc
Attorney Required Forms
Tue 02/07 3:30 PM
Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file Completed Civil Cover Sheet and Designation Form in this case using the Notice (Other) docket event located in the Notices category. (sbt) |
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