ORDER J. CURTIS JOYNER , District Judge . AND NOW, this 30 TH day of December, 2019, upon consideration of Plaintiff's Motion for Preliminary Injunction (Doc. No. 7) and Defendant's Response in Opposition thereto, and following Hearings in this matter and for the reasons set forth in the preceding Memorandum, it is hereby ORDERED that the Motion is GRANTED and Defendant National Board of Medical Examiners is ENJOINED from failing and/or refusing to provide Plaintiff Jessica Ramsay with...
ORDER J. CURTIS JOYNER , District Judge . AND NOW, this 30 th day of December, 2019, upon consideration of Defendant's Motion for Summary Judgment (Doc. No. 12) and Plaintiff's Motion for Partial Summary Judgment (Doc. No. 13), it is hereby ORDERED that: 1. Defendant's Motion for Summary Judgment (Doc. No. 12) is DENIED in part and GRANTED in part. 2. Plaintiff's Motion for Partial Summary Judgment (Doc. No. 13) is DENIED in part and GRANTED in part. 3. We GRANT a hearing to determine...
ORDER JOSHUA D. WOLSON , District Judge . AND NOW, this 31st day of December, 2019, upon consideration of Defendant's Motion to Exclude Expert Opinions and Testimony of Elizabeth Sigety (ECF No. 37), and Plaintiff's Response in Opposition (ECF No. 39) it is ORDERED that, for the reasons stated in the accompanying Memorandum, Defendant's Motion is GRANTED.
ORDER EDWARD G. SMITH , District Judge . AND NOW, this 30th day of December, 2019, after considering the petition for a writ of habeas corpus under 28 U.S.C. 2254 filed by the pro se petitioner, Brian King ("King") (Doc. No. 2), the response to the petition filed by the respondents (Doc. No. 10), United States Magistrate Judge Jacob P. Hart's report and recommendation (Doc. No. 11), and King's objections to the report and recommendation (Doc. No. 18); accordingly, it is hereby...
MEMORANDUM AND ORDER J. CURTIS JOYNER , District Judge . This case has been brought before this Court on Motion of the Plaintiff, Jessica Ramsay, for Preliminary Injunction (Doc. No. 7). Following three full-day evidentiary hearings on December 3, 4, and 5, 2019, the matter is now ripe for disposition and we therefore hereby make the following: FINDINGS OF FACT 1. Plaintiff Jessica Ramsay is a citizen of the State of Michigan residing at 6862 Tall Oaks Drive, Apt. 3B, Kalamazoo,...
MEMORANDUM J. CURTIS JOYNER , District Judge . Presently before the Court are Defendant's Motion for Summary Judgment, (Def. Motion for Summary Judgment, Doc. No. 12) and Plaintiff's Motion for Partial Summary Judgment, (Pl. Motion for Partial Summary Judgment, Doc. No. 13). For the reasons that follow, the Motions will be granted in part and denied in part. Factual Background Plaintiff Allegheny Construction Group, Inc. ("ACG") brings claims against Walsh Heery Joint Venture ("WHJV")....
MEMORANDUM JOSHUA D. WOLSON , District Judge . I. FACTUAL BACKGROUND This dispute arises out of a Convertible Promissory Note (the "Note") that the Parties executed on July 7, 2016. In the Note, Defendant G2Link, LLC promised to pay Plaintiff CU*Answers, Inc. a principal amount of $500,000, with interest. By way of an amendment to the Note (the "Amendment"), the Parties extended the Note's Maturity Date to July 7, 2018. G2Link has never repaid the Note. The Note includes a conversion...
ORDER GENE E.K. PRATTER , District Judge . AND NOW, this 30th day of December, 2019, upon consideration of Plaintiffs Motion for Appointment of Private Process Server (Doc. No. 16), it is ORDERED that the Motion (Doc. No. 16) is DENIED WITHOUT PREJUDICE as outlined in the Court's accompanying Memorandum.
ORDER TIMOTHY J. SAVAGE , District Judge . NOW , this 30th day of December, 2019, upon consideration of the Defendant, John Doe's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P., 12(b)((1) (Document No. 37), the Defendant, Cynthia Martin's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) (Document No. 38), and the Defendant, Minor A.H.'s Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) (...
ORDER MARILYN HEFFLEY , Magistrate Judge . AND NOW, this 30th day of December, 2019, upon consideration of Plaintiff's Request for Review and Brief in support thereof (Doc. No. 11), Defendant's Response in opposition thereto (Doc. No. 16), and Plaintiff's Reply Brief (Doc. No. 19), IT IS HEREBY ORDERED that: 1. Plaintiff's Request for Review is DENIED; 2. Judgment is GRANTED against Plaintiff and in favor of Defendant; and 3. The Clerk of Court shall mark this case as closed....
ORDER ROBERT F. KELLY , Senior District Judge . AND NOW, this 27 th day of December, 2019, upon consideration of Defendant Pyramid Healthcare, Inc.'s ("Pyramid") Motion for Summary Judgment, Plaintiff Susan Weikel's ("Weikel") Memorandum of Law in Opposition, and Pyramid's Reply Brief in Support, it is hereby ORDERED that: 1. Pyramid's Motion (Doc. No. 16) is GRANTED; and 2. the Clerk of Court shall mark this case CLOSED.
MEMORANDUM ROBERT F. KELLY, SR. , District Judge . Plaintiff Susan Weikel ("Weikel") brings this action against Defendant Pyramid Healthcare, Inc. ("Pyramid") alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq and the Family and Medical Leave Act ("FMLA"), 29 U.S.C. , et seq. Presently before the Court is Pyramid's Motion for Summary Judgment. Weikel filed a Response in Opposition and Pyramid filed a Reply Brief in Further Support. For the...
MEMORANDUM OPINION TIMOTHY J. SAVAGE , District Judge . Justin Brown and his parents (collectively, "Brown") bring this action against Penncrest High School, the Rose Tree Media School District, its directors, the principal, and the nurse (the "School District Defendants"), his classmate J.H. and J.H.'s parents (the "Healy Defendants"), and his classmate A.H. and A.H.'s parents (the "Martin Defendants") for claims arising from an assault occurring in the school cafeteria. We have already...
MEMORANDUM OPINION MARILYN HEFFLEY , Magistrate Judge . Joslyn D. Holloway ("Holloway" or "Plaintiff") seeks review, pursuant to 42 U.S.C. 405(g), of the Commissioner of Social Security's ("Commissioner") decision denying her claims for disability insurance benefits ("DIB") pursuant to Title II of the Social Security Act (the "Act") and for Supplemental Security Income ("SSI") pursuant to Title XVI of the Act. 2 For the reasons discussed below, I recommend that her Request for Review...
ORDER & JUDGMENT EDWARD G. SMITH , District Judge . AND NOW, this 27th day of December, 2019, after a non-jury trial before the undersigned from July 8, 2019, through July 11, 2019; and after considering the record presented during the non-jury trial and the parties' submissions (Doc. Nos. 25, 42, 43, 46); and the court finding that there was woefully insufficient evidence to support the plaintiff's claims of racial or gender discrimination as more fully set forth in the separately filed...
ORDER JOSEPH F. LEESON, JR. , District Judge . AND NOW, this 27th day of December, 2019, for the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT : 1. The Report and Recommendation, ECF No. 17, is APPROVED and ADOPTED; 2. The petition for a writ of habeas corpus, ECF No. 1, is DISMISSED; 3. This case is CLOSED; and 4. There is no basis for the issuance of a Certificate of Appealability.
ORDER CYNTHIA M. RUFE , District Judge . AND NOW, this 26th day of December 2019, upon consideration of the Defendant's Motion to Dismiss for Lack of Jurisdiction [Doc. No. 12], and the responses thereto, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that the Motion to Dismiss is DENIED. Accordingly, the Defendants shall answer the Complaint no later than January 16, 2020. IT IS SO ORDERED.
MEMORANDUM Rufe , District Judge . Plaintiff Robert Lee, Jr. filed this proposed collective action 1 against Defendants Marirosa Lamas, Michael Wenerowicz, and Ty Stanton, on behalf of all similarly situated people, alleging that the Defendants violated the overtime provisions of the federal Fair Labor Standard Act 2 (FLSA) and the Pennsylvania Minimum Wage Act 3 (PMWA) by requiring Corrections Officer Trainees and Corrections Officer 1s ("COs") to perform approximately 45 minutes of...
ORDER GERALD J. PAPPERT , District Judge . AND NOW, this 27th day of December, 2019, upon careful consideration of Plaintiff Robert Kellet's Motion for Summary Judgment and Request for Review and his brief in support thereof (ECF No. 9). Social Security Commissioner Andrew M. Saul's Response 1 (ECF No. 10) and the Report and Recommendation filed by United States Magistrate Judge Henry S. Perkin, (ECF No. 12), and it appearing that neither Plaintiff nor the Commissioner have objected to...
