ORDER EDMUND V. LUDWIG, District Judge. AND NOW, this 29th day of December, 2014, upon careful and independent consideration of the petition for writ of habeas corpus (doc. no. 1), the petition for stay and abeyance (doc. no. 2), the Report and Recommendation of United States Magistrate Judge Marilyn Heffley (doc. no. 19), and petitioners objections thereto (doc. no. 21), it is ordered that: 1. Petitioner's objections are overruled. 2. The Report and Recommendation is approved and adopted....
ORDER JOEL H. SLOMSKY, District Judge. AND NOW, this 31st day of December 2014, upon consideration of the Complaint (Doc. No. 1, Ex. A), Defendant's Motion to Dismiss the Complaint (Doc. No. 6), and Plaintiff's Response (Doc. No. 7), and in accordance with the Opinion of the Court issued this day, it is ORDERED that Defendant's Motion to Dismiss the Complaint (Doc. No. 6) is GRANTED. It is further ORDERED that Plaintiff is granted leave to amend her Complaint only in regard to the...
ORDER WILLIAM H. YOHN, Jr., District Judge. AND NOW this 30th day of December 2014, upon consideration of defendants School District of Philadelphia, School Reform Commission, William Hite, Leroy Nunery, Estelle Matthews, and Kathy Murphy's motion to dismiss (Doc. No. 21), and plaintiff's opposition thereto, IT IS HEREBY ORDERED that defendants' motion is DENIED.
OPINION SLOMSKY , District Judge . I. INTRODUCTION This case arises out of Defendant Northland Group, Inc.'s attempt to collect on a debt Plaintiff Gayle J. Johns owed to Bloomingdale's and Macy's. Plaintiff contends that collection of the debt was time-barred under the relevant statute of limitations. In addition, Plaintiff alleges that Defendant's communications with Plaintiff regarding the debt violated provisions of the Fair Debt Collection Practices Act (FDCPA). Plaintiff's...
MEMORANDUM WILLIAM H. YOHN, Jr., District Judge. Plaintiff Dawn Reed-Seeger, a Philadelphia public school counselor, was suspended without pay for ten months in 2012 while facing charges—that were ultimately dismissed—for driving under the influence. Following her reinstatement and the unsuccessful resolution of a dispute over back pay through the grievance process, Reed-Seeger filed suit against the School District of Philadelphia ("SDP"), the Philadelphia Federation of Teachers ("PFT"), the...
ORDER RICHARD A. LLORET, Magistrate Judge. AND NOW, this 29th day of December, 2014, upon consideration of Defendants' Partial Motion to Dismiss, Doc. No. 17, for the reasons stated in the attached Opinion, that Motion is DENIED.
OPINION RICHARD A. LLORET, Magistrate Judge. Defendant, the United States of America, has filed a Partial Motion to Dismiss all claims arising from and relating to Ira Weiner's ("Plaintiff") incarceration at MDC Brooklyn, USP Canaan, and/or FCI Fort Dix on the grounds that he has failed to exhaust his administrative remedies. See Memorandum in Support of Defendant United States of America's Partial Motion to Dismiss ["Motion to Dismiss"], Doc. No. 17, at 1. Both parties have consented to...
ORDER JAN E. DuBOIS, District Judge. AND NOW , this 29th day of December, 2014, upon consideration of Defendants' Motion to Dismiss the Complaint (Document No. 3, filed May 5, 2014), the Court noting that plaintiff has failed to respond to the Motion notwithstanding the Court's grant of additional time to do so, 1 for the reasons stated in the accompanying memorandum dated December 29, 2014, IT IS ORDERED as follows: 1. Defendants' Motion to Dismiss the Complaint is GRANTED and...
MEMORANDUM GENE E.K. PRATTER, District Judge. I. INTRODUCTION In this lawsuit arising from Devon Cannon's encounter with the Philadelphia Police in December 2012, Mr. Cannon alleges that his constitutional rights were violated and he was the victim of various state torts. He filed suit against the City of Philadelphia (the "City"), Philadelphia Police Commissioner Charles Ramsey (the "Commissioner"), Philadelphia Police Officer Aaron Willis, and two John Doe Philadelphia Police Officers. Now,...
ORDER GENE E.K. PRATTER, District Judge. AND NOW , this 29th day of December, 2014, upon consideration of Defendants' Motion to Dismiss (Docket No. 5), Mr. Cannon's Response in Opposition (Docket No. 6), and after oral argument on December 5, 2014, the Court hereby ORDERS that the Motion to Dismiss (Docket No. 5) is GRANTED IN PART AND DENIED IN PART so that: 1. The Motion is GRANTED as to Counts 1, 3, and 5 of the Complaint, purporting to state claims against the City and County of...
MEMORANDUM JAN E. DuBOIS, District Judge. I. INTRODUCTION Plaintiff Joseph D. Cronin sued defendants Thomas G. Oakes, II and Eckert, Seamans, Cherin & Mellott, LLC, for violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692d and 1692e. Presently before the Court is Defendants' Motion to Dismiss the Complaint. Plaintiff has failed to respond to the Motion notwithstanding the Court's grant of additional time to do so. For the reasons that follow, the Motion to...
ORDER PAUL S. DIAMOND, Judge. Plaintiff Angelo Phillips seeks review of the Social Security Commissioner's denial of his claim for disability insurance benefits and supplemental security income. (Doc. No. 3.) I referred the matter to a Magistrate Judge for a Report and Recommendation. (Doc. No. 11.) Judge Rice recommended denying review and Plaintiff has objected. (Doc. Nos. 16, 17.) For the following reasons, I will overrule Plaintiff's objection and adopt the Report and Recommendation. I....
ORDER NITZA I. QUI ONES ALEJANDRO, Judge. AND NOW, this 29, day of December 201_, upon careful and independent consideration of petitioner's Motion for Relief Under Fed. R. Civ. Pr. 60(b)(6), and after review of the Report and Recommendation of the United States Magistrate Judge Jacob P. Hart, it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The Rule 60(b)(6)Motion is DENIED. 3. There is no basis for the issuance of a certificate of appealability.
ORDER JAN E. DuBOIS, District Judge. AND NOW, this 29th day of December, 2014, upon consideration of pro se defendant's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document No. 157, filed June 6, 2014) and United States' Response to Defendant's Motion to File a Successive Petition Under 28 U.S.C. 2255 (Document No. 159, filed June 27, 2014), for the reasons set forth in the accompanying Memorandum dated December 29, 2014, IT...
MEMORANDUM JAN E. DuBOIS, District Judge. I. INTRODUCTION Presently before the Court is pro se defendant Marco Burton's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. For the reasons set forth below, Burton's Motion is dismissed as an unauthorized second or successive habeas motion. II. BACKGROUND The detailed procedural and factual histories of this case are included in this Court's previous opinions. See United States v. Burton...
ORDER LAWRENCE F. STENGEL, District Judge. AND NOW, this 17th day of December 2014, upon consideration of the defendants' motions to dismiss (Doc. No. 6, 9) and any responses thereto, it is hereby ORDERED that the motions are GRANTED, for the reasons stated in the accompanying memorandum. The claims against the North Whitehall Township Zoning Hearing Board are DISMISSED WITHOUT PREJUDICE. The claims against Sheila Sloyer, Raymond Sloyer, and Eric Smith are DISMISSED WITH PREJUDICE....
ORDER LAWRENCE F. STENGEL, District Judge. AND NOW, this 17th day of December 2014, upon consideration of the defendant's motion to dismiss the plaintiff's amended complaint (Doc. No. 16) and all responses thereto, it is hereby ORDERED that the motion is GRANTED for the reasons set forth in the accompanying memorandum. Counts V and VI of the plaintiffs' amended complaint are DISMISSED. 1 FootNotes 1. These counts are dismissed without prejudice as explained in the accompanying...
MEMORANDUM LAWRENCE F. STENGEL, District Judge. This homeowner's insurance dispute was removed to this court based on diversity of citizenship. Plaintiffs Samuel and Tori Morrissey assert several state law claims against their insurer State Farm. State Farm moves to dismiss two counts: the bad faith claim and the state consumer law claim. For the reasons explained below, I will grant the defendant's motion. I. Background 1 On December 12, 2012, the plaintiffs' residence located at 107...
ORDER JOHN R. PADOVA, District Judge. AND NOW , this 18th day of December, 2014, upon consideration of Defendant Brandon Gould's Motion for Summary Judgment (Docket No. 14), and all documents filed in connection therewith, and after hearing argument on the Motion on November 19, 2014, for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that Defendant's Motion is DENIED .
MEMORANDUM JOHN R. PADOVA, District Judge. Plaintiff Rassan Watkins asserts negligence claims against Defendant Brandon Gould, following a car accident in which Gould was the driver of a car in which Plaintiff was a passenger. At the time, Gould was an employee of WCR Incorporated ("WCR"), and Gould and Plaintiff were returning home from a job for WCR in New York City. Gould has filed a Motion for Summary Judgment, seeking judgment in his favor on the basis of the "borrowed employee"...
