COLLURA v. FORD et al

Filing 161

ORDER THAT C.A. 15-4745 IS CONSOLIDATED FOR ALL PURPOSES WITH C.A. 13-4066. C.A.13-4066 IS TO SERVE AS LEAD CASE. PLAINTIFF SHALL FILE A CONSOLIDATED AMENDED COMPLAINT WITHIN 14 DAYS AFTER THE DATE OF THIS ORDER IS ENTERED. ANY AND ALL FUTURE PLEADIN GS AND FILINGS MUST BE CAPTIONED AND FILED UNDER C.A. 13-4066. C.A. 15-4745 SHALL BE MARKED CLOSED FOR STATISTICAL AND ALL PURPOSES. PLAINTIFF'S MOTION TO SEVER IS DENIED. DEFENDANT'S MOTION TO DISMISS OUTSTANDING CLAIMS AGAINST FORD IS DEN IED WITHOUT PREJUDICE AS MOOT. THE UNDERSIGNED IS RECUSED FROM ALL FURTHER PROCEEDINGS IN THE ABOVE CASES. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/18/17. 9/19/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, ) (Main Document 161 replaced on 9/19/2017) (mbh, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

J.C., individually, and all others
similarly situated,
Plaintiff,
v.
NICHOLAS FORD, et al.,
Defendants.

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CIVIL ACTION
NO. 15-4745

JASON COLLURA,
Plaintiff,

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v.
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NICHOLAS JAMES FORD, et al., :
Defendants.
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CIVIL ACTION
NO. 13-4066

ORDER
AND NOW, this 18th day of September, 2017, upon consideration of the court’s May 17,
2017 Order to show cause as to why the above-captioned cases should not be consolidated (ECF
No. 34), Defendants’ Responses (ECF Nos. 35 and 36), and Plaintiff’s Response (ECF No. 38),
it is hereby ORDERED as follows:
1. J.C. v. Ford, No. 15-cv-4745 is CONSOLIDATED for all purposes with Collura v.
Ford, No. 13-cv-4066;
2. Collura v. Ford, No. 13-cv-4066 is to serve as LEAD case;
3. Plaintiff shall FILE a consolidated amended complaint within fourteen days after the
date this Order is entered; 1
4. Defendants shall FILE a response to the consolidated amended complaint within
fourteen days after the date the consolidated amended complaint is filed;
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For the avoidance of doubt, the only surviving claims pertain to purported violations of Plaintiff’s due process,
First Amendment, and Fourth Amendment rights (as well as several incidental state law claims), arising out of his
time on probation, as alleged in both actions against Nicholas J. Ford, Mary Politano, Steffen Boyd, Steven Austin,
Charles Hoyt, and Robert Malvestuto (sued improperly under the name Malvsuto). All other claims against any
defendants have been properly dismissed.

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5. Any and all future pleadings and filings, including responses thereto, must be
CAPTIONED and FILED under Collura v. Ford, No. 13-cv-4066; and
6. J.C. v. Ford, No. 15-cv-4745 shall be marked CLOSED for statistical and all
purposes.
FURTHER, upon consideration of Plaintiff’s Motion to Sever (ECF No. 42),
Defendants’ Response (ECF No. 43), and Plaintiff’s Reply (ECF No. 48), it is hereby
ORDERED that said Motion is DENIED.
FURTHER, upon consideration of this Order requiring Plaintiff to file a consolidated
amended complaint and directing the Clerk of Court to mark case No. 15-cv-4745 as closed, it is
hereby ORDERED that Defendants’ motion to dismiss the outstanding claims against Ford (No.
15-cv-4745, ECF No. 3) is DENIED without prejudice as moot.
FURTHER, for the reasons set forth in the accompanying memorandum, it is hereby
ORDERED that the undersigned is RECUSED from all further proceedings in the abovecaptioned cases.

BY THE COURT:

/s/ C. Darnell Jones, II
C. Darnell Jones, II J.

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