Memorandum Opinion GOLDBERG, District Judge. The primary issue in this case pertains to whether insurance coverage for compensatory damages, provided under an uninsured/underinsured policy, includes delay damages. 1 This question comes before the Court through Defendant, Nationwide Insurance Enterprise's (hereinafter "Nationwide"), motion to dismiss. For reasons set forth below, Nationwide's motion will be denied in part and granted in part. I. Factual and Procedural Background The...
ORDER LEGROME D. DAVIS, District Judge. AND NOW, this 5th day of October 2011, upon consideration of Plaintiffs' Motion on Defendants' Bills of Cost Pursuant to Fed.R.Civ.P. 54(d) (Doc. No. 210), Defendants' Joint Partial Opposition to Plaintiffs' Motion on Defendants' Bills of Costs Under Fed.R.Civ.P. 54(d) (Doc. No. 211 and 212), Plaintiffs' Reply Memorandum in Support of Motion on Defendants' Bill of Costs Pursuant to Fed.R.Civ.P. 54(d) (Doc. No. 216), and Defendants' Joint Surreply in...
MEMORANDUM ORDER LEGROME D. DAVIS, District Judge. AND NOW, this 30th day of December, 2011, upon consideration of Plaintiff's Motion for Leave to Serve Third Party Subpoenas Prior to a Rule 26(f) Conference (Doc. No. 4), it is hereby ORDERED that said Motion (Doc. No. 4) is DENIED. I. Factual Background and Procedural History In this internet copyright infringement action, Plaintiff Patrick Collins, Inc. ("Plaintiff" or "Collins") claims that twenty-six (26) John Doe Defendants used the...
MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION This is an employment discrimination case. Plaintiff Robin Middleton is a Philadelphia Police Officer. She alleges that defendants discriminated against her by refusing to allow her to attend church services while on duty, making derogatory comments to and about her, and refusing to make an injury report or give her a referral to the hospital when she was injured while on duty. She asserts the following causes of action: Count I — First...
MEMORANDUM OPINION GOLDBERG, District Judge. In March of 2008, Plaintiff, Army Joe Leake, II, suffered acute liver failure which necessitated an immediate liver transplant. Plaintiff alleges that this illness was the result of his work as a painter on a naval cargo ship and has sued Defendant, the United States of America, under the Jones Act, 46 U.S.C. 30104, and maritime law. Presently before the Court are Defendant's Motions to Exclude the Reports and Testimony of Plaintiff's causation...
MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION Plaintiff Colorcon, Inc. ("Colorcon") alleges in this action that former employee Aminah-Iman Lewis's new employment at one of Colorcon's competitors, Sensient Technologies Corporation ("Sensient"), violates Lewis's non-competition agreement with Colorcon and makes it likely that Lewis will use Colorcon's trade secrets for Sensient's benefit. Presently before the Court is Colorcon's Motion for a Preliminary Injunction, which seeks an order...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. INTRODUCTION ................................................................482 II. BACKGROUND ..................................................................482 III. DISCUSSION ..................................................................484 A. Motion to Amend .........................................................484 B. Motion to Dismiss .......................................................484 1. Standard...
MEMORANDUM DALZELL, District Judge. Plaintiff and counterclaim defendant Cataldo Pirito ("Pirito") brings this action against defendants and counterclaim plaintiffs Penn Engineering World Holdings ("Penn World") and Penn Engineering & Manufacturing Corp. ("Penn Engineering," and collectively, the "Penn entities"), asserting two claims for breach of contract — one against each defendant. These claims arise out of a Share Purchase Agreement (the "Agreement") executed in January of 2003...
MEMORANDUM ANITA B. BRODY, District Judge. Plaintiff Stephen Glenn ("Plaintiff" or "Glenn") has brought suit against his former employer, Raymour and Flanigan ("Defendant" or "Raymours"), for disparate treatment, retaliation, and hostile work environment under 42 U.S.C. 1981; Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq.; and the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. Stat. 951 et seq. 1 Jurisdiction is proper pursuant to 28 U.S.C....
MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. INTRODUCTION The issue before the Court involves juror misconduct by unauthorized use of e-mails during deliberations in a criminal trial. After being dismissed, Juror Number One disobeyed the Court's orders and discussed via e-mail with other jurors her opinion on the Defendant's guilt. Juror Number One's conduct led to the dismissal of another juror on the panel and had the potential to lead to a mistrial. On December 16, 2011, the Court...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. BACKGROUND .................................................................524 II. DISCUSSION .................................................................528 A. Standard of Review .....................................................528 B. Ground One .............................................................529 C. Ground Two .............................................................530 D. Ground Three ..........
MEMORANDUM OPINION SAVAGE, District Judge. In her meandering "shotgun complaint," 1 Sandy Homel makes claims based on a multitude of legal theories against her former employer, Centennial School District ("CSD"). She alleges First Amendment retaliation under 1983; sex discrimination under 1983, Title VII, and the Pennsylvania Human Relations Act (PHRA); retaliation for filing sex discrimination complaints under Title VII and the PHRA; and age discrimination under the ADEA and the PHRA....
MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. INTRODUCTION The issue before the Court is the Government's Motion for the Disqualification of Defendant Joseph Massimino's counsel of record, Joseph Santaguida, Esq. For the following reasons, the Court finds that Mr. Santaguida faces an actual and a serious potential for conflict of interest with respect to two other co-defendants in the case. However, as effective waivers are obtainable in this case, the Court will permit Mr. Santaguida to...
MEMORANDUM YOHN, District Judge. Following my grant to TriState HVAC Equipment, LLP ("TriState") of leave to amend its complaint under Federal Rule of Civil Procedure 15(a)(2), and TriState's filing of its amended complaint, Big Belly Solar, Inc. ("Big Belly") has filed a motion under Rule 12(b)(6) to dismiss all but one of the seven counts in TriState's amended complaint. For the reasons that follow, I will grant in part and deny in part Big Belly's motion. I. FACTUAL BACKGROUND AND...
MEMORANDUM DALZELL, District Judge. Plaintiff J.K. and her parents, M.K. and F.K., bring this suit against the Council Rock School District ("Council Rock" or "the District"), alleging claims under the Individuals with Disabilities Education Improvement Act (the "IDEA" or "Act"), 1 20 U.S.C. 1400, et seq., and 504 of the Rehabilitation Act, 29 U.S.C. 794, as well as under the state common law of contract. The plaintiffs assert three causes of action: (1) failure to provide J.K....
MEMORANDUM YOHN, District Judge. Leroy Sterling filed this action against the Redevelopment Authority of the City of Philadelphia (the "RDA"), the Philadelphia Authority for Industrial Development ("PAID"), the City of Philadelphia (the "City"), and Crane Arts, LLC. I previously dismissed the City as a party to this action. Now pending are the motions filed by the RDA and PAID for summary judgment under Federal Rule of Civil Procedure 56, as well as their motion to exclude the report and...
MEMORANDUM SURRICK, District Judge. Presently before the Court are Plaintiff Franklin Mills Associates L.P.'s Motion for Summary Judgment (ECF No. 11) and Defendant Nationwide Life Insurance Company's Cross-Motion for Summary Judgment and Motion to Strike (ECF No. 12). For the following reasons, Plaintiff's Motion is granted in part and denied in part, and Defendant's Motion is denied. I. BACKGROUND In this action, Plaintiff Franklin Mills Associates L.P. asserts a breach of contract claim...
MEMORANDUM DALZELL, District Judge. This action arises from an aviation accident that killed Mark Yellen and Paula Moffett (collectively, the "decedents") on May 10, 2010 when they were flying in a privately owned aircraft. The plaintiffs, on behalf of their decedents — both apparently citizens of Tennessee 1 — commenced this wrongful death and survivor action in the Court of Common Pleas of Philadelphia County, Pennsylvania, docketed at May Term 2011, No. 000285 (hereinafter, the "state...
MEMORANDUM GENE E.K. PRATTER, District Judge. I. INTRODUCTION Plaintiff Evelyn Ramage was diagnosed with a brain tumor in May 2008. She requested and received leave from her employer, Rescot Systems Group, Inc. ("Rescot") to recover from surgery to remove the tumor. Ms. Ramage claims that prior to her surgery, during her recovery, and upon her return to full-time employment, her supervisors and co-workers subjected her to discriminatory treatment on account of her purported disability and...
MEMORANDUM AND ORDER TUCKER, District Judge. Presently before the Court is Defendant Peter J. Cordua's Motion for Summary Judgment (Doc. 93), Defendants' Martin D'Amico and United Cut Rate Store, Inc., (collectively "United") (Doc. 94) Motion for Summary Judgment, Plaintiffs' Response (Doc. 98 and 99), Defendants' Reply (Doc. 102 and 103), and Plaintiffs' Sur-reply (Doc. 109 and 110). For the reasons set forth below, the Court will dismiss Plaintiff's constructive fraud claims only. The...
