Case 2:11-cv-05138-WY Document 1 Filed 08/11/11 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BERNADETTE WINANS: as Administrator of the Estate of: CARMELO WINANS, deceased: and on behalf of Minor Plaintiffs HAROLD JHAMIR WINANS and: JHANAE BECKHAM 2025 F. Huntingdon Street Philadelphia, PA, Plaintiffs V. PO RICHARD NICOLETTI Badge No. 3798 Individually and in his official capacity as a Philadelphia Police Officer 1515 Arch Street Philadelphia, PA PO MATTHEW McCARTHY Badge No. 2987 Individually and in his official capacity as a Philadelphia Police Officer 1515 Arch Street Philadelphia, PA and CITY OF PHILADELPHIA. 1515 Arch Street. Philadelphia, PA 19102,. Defendants: JURY TRIAL DEMANDED CIVIL ACTION NO. 11- Case 2:11-cv-05138-WY Document 1 Filed 08/11/11 Page 2 of 17 COMPLAINT JURISDICTION 1. This action is and 29 U.S.C. brought pursuant to 42 §794. Jurisdiction 1343 and the aforementioned §§1983, 1988, is founded upon 28 U.S.C. statutory provisions: supplemental jurisdiction of this Court adjudicate U.S.C. 12132 §§1331 and Plaintiff further invnkesth under 28 U.S.C. §1367(a) to hear and state law claims. PARTIES 2. Plaintiff Bernadette Winans is Pennsylvania, resident of the Commonwealth of a at the address set forth in the caption. She is the natural parent of decedent, Carmelo Harold Winans, (hereinafter "plaintiff's decedent") and was Winans the Register by Pennsylvania, appointed Administrator of the of Wills of Philadelphia County, Commonwealth No. Al254 of 2011. She brings this Administrator of the Estate and upon his Jhamir Winans and Jhanae 3. was a 29 Estate of Carmelo Harold action in her surviving capacity of as minor children, Harold Beckham, the minor plaintiffs. Prior to his death, Plaintiff's decedent Carmelo Harold Winans year-old male, residing in the 2 City of Philadelphia, Commonwealth Case 2:11-cv-05138-WY of Document 1 Filed 08/11/11 Page 3 of 17 Pennsylvania. Plaintiff's decedent Carmelo Winans 4. hereto a qualified individual with a disability at all times relevant was defined in 42 U.S.C. as §12131(2). Defendant 5. Commonwealth of controls the City of Pennsylvania Philadelphia Police that owns, U.S.C. Defendant §12131(1) City of Philadelphia municipality a of the operates, manages, directs and Department Defendants Richard Nicoletti and Matthew 6. is Philadelphia and is the public employer of McCarthy. is a public entity as defined in 42 and receives federal financial assistance under 29 U.S. §794. 7. Defendant Philadelphia 8. Richard Police Officer. He is Defendant Matthew Philadelphia Police Officer. He is Nicoletti being at all relevant sued in his individual McCarthy being was was at all At all relevant 10. At all relevant times, the actions taken a capacity. relevant times sued in his individual 9. times a capacity. times, Defendants were acting under color of state law. by all Defendants Plaintiff's decedent Carmelo Winans of his constitutional and 3 deprived statutory rights. Case 2:11-cv-05138-WY Document 1 Page 4 of Filed 08/11/11 17 FACTUAL ALLEGATIONS On March 13, 2011, 11. from plaintiff's decedent Carmelo Winans suffered mental illness. a On March 13, 2011, 12. decedent Carmelo Winans plaintiff's inside the home he shared with his father and troubled, was sitting in small steak knife to his 14. and he was 15. grandparents. who Plaintiff's ripcedPnt rarmelo WinAns, V;. a corner on own the floor of the The engaging police in any were wAs, pmntinnAlly family kitchen, holding a neck. Plaintiff's decedent Carmelo Winans not was aggressive called to come was not threatening anyone actions. help because it was feared that Carmelo Winans would harm himself. 16. in Defedants Nicoletti and McCarthy arrived and entered the house uniform, with guns drawn. 17. It was Carmelo Winans that he did not 18. readily apparent to was emotionally compromised, present a threat to them Defendants Nicoletti and to the kitchen and Defendants Nicoletti and spoke to Carmelo or in need of McCarthy that assistance, and to others in the house. McCarthy stood safely in the entrance Winans, who put the knife 4 on the floor Document 1 Case 2:11-cv-05138-WY as Filed 08/11/11 Page 5 of 17 requested. 19. At this the situation 20. was point there emergency, there was no was no danger and de-escalating safely. Instead of arrived minutes later with Carmeb Winans in an for trained waiting a back-up, including an officer who taser, Officer Nicoletti dove into the kitchen onto attempt to grab him and grab the knife from the floor, with his unholstered gun in his hand. 21. Nicoletti protective intentionally discharged his gun, vest. 22. Nicoletti then claimed to have been shot. 23. Officer Carmelo family's McCarthy then proceeded to fire multiple shots at the Winans, who was defenseless, unresisting, and who was taking aggressive 24. himself in the striking no actions. Carmelo Winans was fatally wounded and died on the floor of his kitchen. 25. Defendants Nicoletti and McCarthy exacerbated and escalated the situation. 26. Defendants Nicoletti and Carmelo Winans was McCarthy's unreasonable. 5 use of deadly force against Case 2:11-cv-05138-WY 27. offense States or At no against or which the no or and McCarthy. police On of use 6 of 17 an Pennsylvania, arrest may be numerous procedures lawfully made deadly force. justified occasions use and an the United time did Plaintiff's decedent Carmelo Winans commit officers failed to intervention the actions of Defendants Nicoletti prior to March widely recognized techniques illegal with 13, 2011, Philadelphia and well-established crisis regard to individuals exhibiting mental illness, and resorted to unreasonable and excessive force. possible 30. were the engage in conduct which acts Page time did Plaintiff's decedent Carmelo Winans commit County of Philadelphia for which At 29. Filed 08/11/11 the laws of the Commonwealth of justified 28. Document 1 The actions and conduct of Defendants Nicoletti and the direct result of the failure of Defendant a) properly train, supervise, monitor and City of McCarthy Philadelphia discipline police to: officers in connection with well-established crisis intervention and commitment procedures related to individuals with mental disabilities; b) provide programs and services to qualified persons with mental disabilities; and/or c) ensure that police officers follow established crisis intervention and 6 Case 2:11-cv-05138-WY Document 1 Filed 08/11/11 commitment procedures under such circumstances Page as 7 of 17 presented by this case. 31. were the The actions and inactions of Defendants Nicoletti and proximate 32. The cause shooting of the shooting McCarthy and death of Carmelo Winans. and death of Carmelo Winans were a foreseeable consequence of the actions and inactions of Defendants Nicoletti and McCarthy. 33, Defendants Nicoletti and McCarthy that their actions and inaction could result in 34. for the Defendants Nicoletti and safety 35. of innocent persons, knew injuries or should have known to innocent persons. McCarthy failed to take reasonable care including Carmelo Winans. The acts of Defendants Nicoletti and McCarthy constituted willful misconduct. 36. were The actions and conduct of Defendants Nicoletti and McCarthy willful, wanton, malicious, intentional, outrageous, deliberate and/or egregious 37. as so to shock the conscience. As a direct and proximate Defendants, Plaintiff's decedent caused to also suffer was complete loss of 7 result of the actions and inactions of caused to lose his life and earnings and thereby earnings capacity. Case 2:11-cv-05138-WY 38. As direct and Document 1 proximate Filed 08/11/11 Page 8 of 17 cause of the Defendants' actions and inactions Plaintiff's decedent's minor children suffered, continue to suffer, and will suffer a in the companionship 39. future loss of support, of their father. Plaintiff's decedent did not for the damages 40. injuries causing his bring 41. suffered under the Plaintiffs, by pecuniary loss, action brings this the Estate of decedent Carmelo Harold recover an against Defendants for death, during his lifetime. Plaintiff Bernadette Winans entitled to aid, comfort and familial action Winans, and on Pennsylvania Wrongful Death reason of Carmelo Winans' to their Administrator of as injury behalf of others Act. and great detriment, and have death, have or will incur expenses for: a. The costs of decedent's funeral expenses; b. The costs of decedent's 42. been c. The costs of As a deprived headstone; administering decedent's estate. result of the death of Carmelo of the care, and Winans, his children, have comfort, aid, society, affection, support, companionship, services, guidance, tutelage, maintenance, of decedent for the remainder of his and assistance life, all to their great detriment and loss. 8 Document 1 Case 2:11-cv-05138-WY 43. By reason Filed 08/11/11 Page of the death of Plaintiff's decedent Carmelo children have suffered pecuniary loss, to their 9 of 17 Winans, his great detriment, including contributions for: a. Food; b. Clothing; c. Shelter; d. Medical care; e. f. g. Education; Entertainment; Recreation; and h. Gifts. 44. Plaintiff also sues as Estate of Carmelo Harold pecuniary 45. decedent, prosecute as Under 42 Pa.C.S. on bring, behalf of the damages suffered by the Estate by reason well as of the pain, suffering, inconvenience loss the decedent underwent have been able to on Winans, under and by virtue of the Pennsylvania Survival Statute, and claims death of the Administrator of the Estate and prior to his death. 8302, all the claims Carmelo Winans would had he survived his behalf of decedent's Estate. 9 injuries, survive for plaintiff to Document 1 Case 2:11-cv-05138-WY 46. Plaintiff, by to her pecuniary loss, 47. reason Filed 08/11/11 of decedent's injury Page and death, has suffered great detriment, and has incurred expenses for: a. The costs of decedent's medical b. The costs of decedent's funeral expenses; c. The costs of decedent's d. The costs of Under 42 Pa.C.S. have been able to 10 of 17 bring, bills; headstone; and administering decedent's estate. 8302, all the claims Carmelo Winans would had he survived his injuries, survive for plaintiff to prosecute on behalf of decedent's Estate. Plaintiff also sues as Administrator of the Estate on by virtue of the by the Estate suffering behalf of the Estate of Carmelo Harold Pennsylvania Survival Statute, by reason of the death of the As a direct and proximate inactions, plaintiffs' decedent, prior wounds and claim by reason disordered and of which he was made to anguish which resulted earning potential, was cause to his and his total as 10 as pain, to his death. death, suffered from well deprivation well of defendants' actions and rendered sick, sore, death, as prior as loss of gunshot lame, prostrate, and undergo great physical pain in his under and damages suffered decedent, and inconvenience the decedent underwent 48. Winans, and horrible mental earning of the normal power and activities, pursuits Case 2:11-cv-05138-WY and pleasures 49. plaintiff's As Document 1 Filed 08/11/11 Page 11 of 17 of life, and his loss of life. a direct result of the actions and conduct of all decedent suffered physical injuries, pain, defendants, emotional distress, psychological harm, fear, horror and death, and additional harms caused the violation of his under the United States §§1983, rights 12132 and 29 U.S.C. Constitution, 42 U.S.C. §794. FIRST CAUSE OF ACTION FEDERAL CIVIL RIGHTS VIOLATIONS UNDER 42 U.S.C. 50. The incorporated 51. allegations herein As a as set forth in though fully direct and secure a result of Defendants' conduct, law, all Defendants deprived plaintiff's property, and to be result, plaintiff's decedent suffered harm, in violation of his States, in particular the Defendant City of Philadelphia has encouraged, deliberately to the need for force, equal protection Fourth and Fourteenth Amendments thereof, and 42 U.S.C. and has been of use to due process and under the laws and Constitution of the United 52. are set forth. to be free from the unreasonable in his person and of the law. As rights right §1983 preceding paragraphs, inclusive, proximate committed under color of state decedent of his by more or indifferent to different a §1983. tolerated, ratified pattern, practice and custom of and training, supervision, investigation 11 or Case 2:11-cv-05138-WY discipline in the a. areas Document 1 Filed 08/11/11 Page of: The proper exercise of police powers, including improper arrests, detentions and the unreasonable b. Crisis intervention signs c. The 12 of 17 and of force; techniques for individuals who exhibit the of mental disabilities; symptoms procedures use for the commitment and transportation of persons with mental disabilities for treatment under the Pennsylvania d. and Training police resources to procedures, intervention f. to emergencies including, their commitment for treatment The failure of and respond persons with mental disabilities Pennsylvania Mental e. for crisis intervention teams of officers and others to involving limited Mental Health and Procedures Act; police but not under the Health and Procedures Act; officers to follow established directives and instructions policies, regarding crisis techniques for individuals who exhibit the signs symptoms of mental disabilities; Falsely and/or prematurely publicly vindicating or supporting the actions of officers who violate the 12 rights of citizens, Document 1 Case 2:11-cv-05138-WY including victims of from mental By g. Filed 08/11/11 police shootings Page 13 of 17 and persons suffering illness; and these actions, defendant plaintiff's decedent of rights City of Philadelphia deprived secured by the Fourth and Fourteenth Amendments to the United States Constitution in violation of 42 U.S.C. 53. As a direct and §1983. result of the actions and conduct of proximate defendants, plaintiff's decedent sustained damages 54. The actions of Defendants Nicoletti and as set forth above. McCarthy were wanton, wilful, malicious, oppressive, outrageous and unjustifiable and, therefore, exemplary damages 55. are necessary and Plaintiff is entitled to this suit from appropriate. attorney's fees and costs of prosecution of defendants, pursuant to 42 U.S.C. §1988. SECOND CAUSE OF ACTION FEDERAL CIVIL RIGHTS VIOLATIONS UNDER 42 U.S.C. §12132 and 29 U.S.C. §794 56. The incorporated 57. allegations herein As a as set forth in though fully direct and preceding paragraphs, inclusive, are set forth. proximate committed under color of state law, 13 result of all Defendants' conduct, Defendants discriminated against Document 1 Case 2:11-cv-05138-WY plaintiff's decedent by reason Filed 08/11/11 of his mental health Page person with be free of disability, a mental health discriminatory disability including disparate or and to due process and plaintiff's decedent suffered 58. Defendant mandates of 42 U.S.C. a. of §12132 The failure to officers by virtue equal protection harm in violation of his City Philadelphia rights crisis individuals who exhibit the in the and comply following and intervention signs right to a result, under the laws and has failed to §794 as of his mental and 29 U.S.C. properly train, supervise regarding entitled of the law. As §12132 and 29 U.S.C. was but not limited to the treatment Constitution of the United States, 42 U.S.C. him the disability, denying benefits of the services, programs and activities to which he a 14 of 17 §794. with the areas: discipline police for technique symptoms of mental disabilities; b. The failure to provide adequate training crisis intervention teams of respond health to commitment and including, but to persons with mental not limited transportation of persons with health disabilities for treatment under the 14 for resources police officers and others emergencies involving disabilities and to the mental Pennsylvania Case 2:11-cv-05138-WY Document 1 Filed 08/11/11 Mental Health and Procedures The failure of c. police officers procedures, directives intervention and 15 of 17 Act; to follow established and instructions policies, regarding crisis techniques for individuals who exhibit the signs symptoms of mental health disabilities; and The failure of u. Page police officers to follow established procedures, directives and instructions policies, regarding the procedures for the commitment and transportation of persons with mental health disabilities for treatment under the 59. rights By their actions, Defendants secured U.S.C. Mental Health and Procedures Act. Pennsylvania by the United States have deprived plaintiff's decedent of Constitution, 42 U.S.C. §12132 and 29 §794. THIRD CAUSE OF ACTION ASSAULT & BATTERY 60. The incorporated 61. allegations herein as set forth in though fully McCarthy did place plaintiff's unpermitted, unprivileged, did, in fact, subject him to such are set forth. Defendants Nicoletti and in fear of imminent, preceding paragraphs, inclusive, bodily contact. 15 offensive bodily decedent contact and Case 2:11-cv-05138-WY 62. Document 1 Filed 08/11/11 The acts of Defendants Nicoletti and constituted the torts of assault and battery, all to Page 16 of 17 McCarthy as set forth above, plaintiffs' great detriment and loss. 63. The actions of Defendants Nicoletti and McCarthy were wanton, wilful, malicious, oppressive, outrageous and unjustifiable and, therefore, exemplary damaqes are necessary and appropriate. FOURTH CAUSE OF ACTION OUTRAGEOUS CONDUCT CAUSING SEVERE EMOTIONAL DISTRESS 64. The incorporated 65. allegations herein as set forth in though fully or are set forth. Defendants Nicoletti and conduct, intentionally preceding paragraphs, inclusive, recklessly McCarthy by caused extreme and severe outrageous emotional distress to plaintiff's decedent. 66. The acts of Defendants Nicoletti and preceding paragraphs, constitute the tort of Severe Emotional Distress, all to 67. McCarthy alleged in the Outrageous Conduct Causing plaintiff's great detriment and loss. The actions of Defendants Nicoletti and McCarthy were wanton, wilful, malicious, oppressive, outrageous and unjustifiable and, therefore, exemplary damages are necessary and 16 appropriate. Document 1 Case 2:11-cv-05138-WY Filed 08/11/11 Page 17 of 17 JURY DEMAND 68. Plaintiff demands cause a trial by jury to each defendant and as to each of action. WHEREFORE, plaintiff demands judgment against jointly as and severally, as to each count, interest, exemplary damages and further relief as as along to the individual the Court may deem just with costs, each defendant, attorney's fees, defendants, and such other and proper. By: POPPER & YATVIN o jc H Med' D. PoOper, and with him Alan L. Yatvin, 230 South Broad Street, Suite 503 Philadelphia, PA 19102 `-/U2 (215)546-5700 August 11, 2011 Attorneys 17 for Plaintiffs (Rev 12/07) ....1S 11 The JS 44 civil the civil dock.et sheet. I. 0%.-4StatesrinnSepl'telAer1974, (65 3 5138KARIbcgAgillS11117Val Case sheet and the inibrma by local rules of court This form, approve d herein neither replace nor suppl I icial Conference ot the United TH, EVERSF OF THh FORM.) cover ta (sEE INSTRUCTR). t_ th t n'- (a) PLAINTIFFS I]. rias g nd 4.: plea gs 11 Richard Nicofetti, Matthew iv. -pt pr of in ii1 tiat(in'i thepur'pl'Lose rtheurora risicreu ectuired foro DEFENDANTS ernadette Winans the p per as reci ui rey'.%L' d b la. se oftheClerkof Court ro r as e b 13 8 McCarthy, City of Philadelphia (h) County fladel.hia of Residence of First Listed Plaintiff 11:XCEI, f IN U S. PLAIN" f County of Residence Philadelphia of First Listed Defendant CASES) ON U.S. PLA1NTIFF CASE NOTE: 1N LAND CONDEMNATION CASES.. USE THE LOCATION OF THE LAND INVOLVIfD (0 Attorney oward D. s (Firm Name, Address, and TelephOne Nllinber) Popper, Popper hiladelphia, & Yatvin, 230 S. Broad St, Ste 503 PA 19102 215 546 5700 II. BASIS OF JURISDICTION 1 1 Attorneys Of Known) {Place -X- in One Bon an 1121 III. CITIZENSHIP OF PRINCIPAL (lnly) PARTIESmace an ''X" In One Ron for Plaiiihn and One Box for Defendant) (For Diversity Cases Only) U.S Government 3 Federal Quenon PTF (U S. Goyenunent Not Plaintiff Citizen of This Slate Party) a 77 I DEE li 1 Incorporated or Principal PT], 1 i Place WI' 7 4 of Business In This Stale 1 2 7 4 U.S. Government Diversity Defendant Citizen of Another Stale 7 2 1 2 Incorporated 1 1 J 5 1 11 1 3 Foreign Nation :71 6 1 6 (Indicate Citizenship of.Parties in Item ill) Cilizen or silbjcci or a cmil Pnnci pal Place of Business In Another State Foreign Country. IV. NATURE OF SI T1T 1 f nn '''A"." in Rov f• 4, 1, 1 CONTRACT PERSONAL INJURY 1 t 30 Marine 1 310 71 130 Miller Act 1 140 Negotiable Instrument 1 150 Recover. of Overpayment 71 315 320 17 1 1 th.xel Veterans) 71 345 Marine Product of Owtpaynient 1 350 Motor Vehicle 355 Motor Vehicle 1 Product Liability 360 Other Personal 580 Other Personal 7 Property Damage 385 Property Damage 441 1 442 1 230 Rent Lease & Ejectment 1 443 1 240 Torts to Land 1 245 Toil Product Liability !1 111 Welfare 1 290 All Other Real 1 445 Amer. wil.isabflities Voting Employment l lousing/ 11 Property KmploYment 146 Amer. wThsabilities X R IGIN Other 0 Other Civil roceeding VI. CAUSE OF ACTION 1 730 Labor(Mgint.Reporting REQUESTED IN CASE(S) DATE 1 170 Racketeer Influenced and PROPERTY MCA as Copyrights 7 864 SSID Title XVI 7 865 RSI (405(0 n 810 Selective Service 851) Securities:Commodities/ 1 875 Customei FNchange 7 550 7 890 Other Statutory Actions 891 Agricultural Acts 71 892 Feononne Stabilization Act Defendant) Third Panty 1 893 Enviromnenial Matters 1 894 1 895 Freedom of Information C7 900Appeal 71 555 Prison Condition of lee Derenninano Under 1-...qual Access to 950 innnigratrOn Justice COn!itinglOtralltY 01 Sf ale Statutes 3 Remanded from Appellate Court l3 4 Reinstated or rl 5 Reopened which you are f)ling (Do nut cite 'Transferred from another district Appeal ED 6 (specify) jurisdictional statutes unless Multidistrict tion kf District Judge from 1, Litiga• cliversity) Magistrate Judgment cause: was shot by police DEMAND CI !ECK YES only if de JURY DEMAND: JUD6F Ian& a Y in a complaint. 1 No DOCKET NUMBER 4TORA,EY OF RECORD A .af^1 AMOUNT Act Actions SIGNATU 0 Energy Allocation Act 7 462 Naturalization Application 71 463 flabeas Corpus Alieil Detainte Civil Rights (..liallenge 12 USC 3410 n FEDERAL TAX SUITS 7 870 Taxes (U.S. Plaintiff 1 871 IRS Act Ranking. Deportation Corrupt Orgallizations 7 861 111A (1395fI) 1 862 inmuk Lung (923) 7 863 121WC/DIWW (405(gll or Reapportionment 1 480 Consumer Credit 7 4(10 Cable!Sar TV AUG 11 2011 FOR OFFICE usL ONIA RECI'IPT 100 26 USC 7009 IF 'MIS Is A n ASS ACTION (See instmctions) 150 Commerce Ret. Inc. UNDER F.R.C.P. 23 IF ANY 430 Banks and 1 1 IMMIGRATION Rights Brief description or COMPLAINT: VIII. RELATED kinpl. Secnrity n C4c2tbis(, ScCile:Sdatimder .1 C1 IECK 7 791 535 Death Penalty 540 Mandamus & Other Plaintiffs Decedent VII. Labor/Mgmt Relations 1 465 Oilier in One Bon Only) (Pince an I Removed from cf State C urt [7 530 General 7 71 7 1 720 Carpus: ll 28 USC 157 SOCIAL SECURITY M 740 Railway Labor Acl 0 790 Other Labor Litigation Sentence AccoMIIII0:1110T1S 410 Anlltrust 71 690 Other Act 510 Motions to Vacate Habeas 71 7 830 Patent n 840 'Trademark & Disclosure Act .1 400 State 7 820 1 710 Fair Laboi Standards Liability OTIIER STA'IUTES 11 LABOR PRISONER PETITIONS 7 220 Foreclosure j 1 BANKRUPTCY 7 122 Appeal 28 USC 158 71 123 Withdrawal L Laws Occupational Safely:Health Lending Injury 1 210 Land Condemnation riginal 371 Truth in Liquor 1 640 R.R & Truck 1 650 Airline Regs. .1 6h0 1 Product CIVIL RIGHTS REAL PROPERTY R I 1 630 PERSONAL PROPERTY 1 .370 Other Fraud Liabilitv 7 Liability Injui). Product Liability Liability Agriculture .7 620 Other Food & Drug 71 625 Drug Related Seizure of Propertv 21 USC 881 lnjury 308 Asbestos Personal Employers' 340 Marine :7 610 Med. Malpractice 365 Pcisonal Injury Prothict Slander 330 Federal 1 196 Franchise (V. 362 Personal Assault, Libel & 1 Recovery PERSONAL INJURY Product Shalerli Lanus of Veteran's Benefits n 160 Stocltholders: Suits 1 190 Other Contract 1 195 Contract Product Liability I Airplane Airplane Liability 1 &Enforcement of judgment 1 151 Medicare AO 1 1 i 52 Recmuy cif Defaulted .77 153 FORFEITURE/PENAITy TORTS 1 11.0 Insurance APPLYING 1FP JUDGE MAG. 11.11)61: Case 21 1- -WY I Document 1-1 Filed 08/11/11 FOR TI1E EASTERN DIS.I.RICT OF P. YL DESIGNATION FORM NIA to be assignment to appropriale calendm Addpess or Nainhrf. 2025 E. .\sldrcss or Defendant 1515 Arch ii A.L•eidem. ineidenl Huntingdon Street, Phila., noes this 1551 1 noiQoyernmeniat,;:crporate pally invoke mullidistnct litigation RH_4171) (11.S.E. 2 3 Druc in hi5 relalcd k Nuent corporation and any in m overly included the involve the caSe in !iceorid 1:L•tse a Space: I publicly held eciporation owning 1 an^, orlw eulter numbered sun 10 an pendmg of 1% ilhin 00e year terminated achon previous]) same Rs WC Of fact Lhis cnnir itt or grov, Mil 0/ thk: sante transaction as a pnor sum pendin wIthin (me year or oi• infrumemeni uj F a patent airead} in soil or an} ezirlier numheied pending or case v, Ohm Oils court'' Or 5t3ded!Isi se habeas cofp US. :ockal si;curny appealoi prose CP.:1 r12.1Us case [sled by the B. Marine Contract, and Alf Other Contracts Jones Act-Personal Injury Antitrust 5. 0 Patent 6. E Labor-Management terminated NoW ople L.-ar Yes0 2. 0 FHA 4. Not] previously Yes': validit} indemnity Contract, 0 ails stock' Nolie Yesn previously NoV SAM ID vc, 3. mole foltimirre. quesitons• CIVIL. I !Wei: in ONIE CATEGORY 01\1'0 Federal Ore mon (ases: A. 1. Ti 4i YcsID Dale terminated: this court't lerrnmaied action 4 FIll an) 55 Aitiaroncht or JuscIe Does !hp: case ijitIr anon t„y possil-nlitiesYesU Civil eases are deemed related %%hen yes is answered ic ease foy the purpose of .4.\1. Case Siiiiiher 1. is this ease Street, Phila., PA of the Disiclosore Statement Form in accordance Isith Fed.R.Cis P. 7. l(a1j Copies case 1I PA r.:sc Renrc.fi. Sale 1- i.Anach used try counsel to indicate the cannon of the transactionPhila., PA: or Does this coot action ins (Ave 2 of a Page UNITED STATES DISTRICT COURT Doi-p...5/1y .1151.1oric! r on 1.a.se insurance Contract and Other Contracts 1. Ti 2. 7 1. 0 Airplane Personal injury Assault, Dcfaination 4. n Marine Personal 5. n Motor Vehicle Personal Relations 6. injur}. .17 'Injury Other Personal Injury (Please spec ify) 0 Civil Rights Habeas Corpus Securities Act(s) Cases 10. 71 Social Security 7. 0 Products Liability 8. 7, Products Liability Diversity 9. 0 All other Review Cases 11. n All other Federal Asbestos Cases (Please specify) Question Cases (Please spec:iryi award D. Popper. ARBITRATION CERTIFICATION IC 'Iree.4 ..ippropeit lie 'oregoervi COW/ SCE otreeord do hereby Certify: Local Civil Rule 53.1 Section 3i.c.V.2 I. that lo the he, t of my lill.(141 eachisive orinlerest and costs; ursonon to &Jollier Ihan mnftelaty dannnaes is NOTE: A mat di- except DATE: ns to my kohli ledge, the within ease 00V0 M. is not ill he -d In a l' hy Jon; only anv case now 1. .Anorney-al-Lass CT)" MO I WM, I reeoverable in ihis civil action g or r^ i ldetc. exceed tine sum 01 Ain At/orney 1.11#, er if there Inns been pending case 42860 Howard D. Po s trial noted ahose. it 1'1( damages i j ornq-ai-Ltuw certify that, and belief. the :'“unghl. 8111/11 DATE: kihrAledge one cornpluallee ear v. ilh .F.R.C. P. 3g. previously AUG 1 1 2011 terminated action in this court 11456 .Attonicy i.D.h Case 2:11-cv TWY 1c.3 Document 1-1 Filed 08/11/11 Page 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CASE MANAGEMENT TRACK DESIGNATION FORM Bernadette Winans CIVIL ACTION v. Richard Nicoletti, Matthew City of 11. McCarthy, Philadelphia 518 NO. In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for a Case Management Track Designation Form in all civil cases at the time of filing the complaint and serve a copy on all defendants. (See 1:03 of the plan set forth on the reverse side of this form.) In the event that a defendant does not agree with the plaintiff said regarding designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on the plaintiff and all other parties, a Case Management Track Designation Form specifying the track plaintiff shall complete to which that defendant believes the case should be assigned. SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS: (a) Habeas Corpus Cases (b) Social Security Cases and I Inman Services (c) Arbitration (d) Asbestos exposure to Cases brought under 28 U.S.C. 2241 through 2255. requesting review of a decision of the Secretary of Health denying plainti ff Social Security Benefits. required to be designated for arbitration under Local Civil Rule 53.2. Cases involvin2, claims for personal asbestos. injury or property damage from (e) Special Management Cases that do not fall into tracks (a) that are through commonly referred to as complex and that need special or intense (d) by management the court. (See reverse side of this form for a detailed explanation of special management eases) (f) Standard Management 8111/11 Date 215 646 5700 Telephone Cases that do not fall into any Howard D. Popper Attorney-at-law 215 546 5701 FAX Number one or the othe tracks. 011/ eY for P aintiff popper.yatvin@verizon.net E-Mail Address 011%. 6611)) 10/92 1 1 2011