ORDER C. DARNELL JONES, II , District Judge . AND NOW, this 18th day of March, 2020, upon consideration of Defendant's Motion to Dismiss (ECF No. 3), and Plaintiff's Response in Opposition (ECF No. 4), and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that Defendant's Motion is GRANTED IN PART and DENIED IN PART, as follows: 1. Defendant's Motion with respect to Count I of Plaintiff's Complaint is DENIED; 2. Defendant's Motion with respect to Count II of...
MEMORANDUM JONES, II , District Judge . I. BACKGROUND Sandra Clapps ("Plaintiff"), initiated this insurance dispute against State Farm Fire and Casualty Company 1 ("Defendant"), by filing a Complaint in the Philadelphia County Court of Common Pleas on July 16, 2019. On August 20, 2019, Defendant removed the case to this Court. (ECF No. 1.) Presently before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 3.)...
ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW this 18th day of March, 2020, upon consideration of the Motion to Dismiss by Defendants BJ's Wholesale Club, Inc. (BJ's) and Sean Breslin (collectively, "Defendants") (Doc. No. 12), Plaintiff's Response (Doc. No. 15), and Defendants' Reply (Doc. No. 18), it is hereby ORDERED that the Motion is DENIED and the case is REMANDED to the Court of Common Pleas for Philadelphia County as set forth in the accompanying Memorandum Opinion....
MEMORANDUM MITCHELL S. GOLDBERG , District Judge . Plaintiff Maureen Ahearn filed this slip-and-fall case against Defendants BJ's Wholesale Club ("BJ's") and BJ's store manager Sean Breslin (collectively, "Defendants") in the Philadelphia Court of Common Pleas. Defendants removed the case to federal court, arguing that Breslin was fraudulently joined and, thus, the requirements for federal diversity jurisdiction were satisfied. Although Plaintiff did not move for remand, Defendants filed...
ORDER EDUARDO C. ROBRENO , District Judge . AND NOW this 19th day of March, 2020 , upon consideration of Defendant Geico Casualty Company's Motion for Partial Summary Judgment on Count II (ECF No. 35), and the response and reply thereto (ECF Nos. 36 & 37), and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that: 1. Defendant's motion for leave to file a reply (ECF No. 37) is GRANTED ; and 2. Defendant's motion for partial summary judgment on Count II (...
MEMORANDUM EDUARDO C. ROBRENO , District Judge . Presently before the Court is the motion for partial summary judgment on Count II of Plaintiffs' Complaint filed by Defendant, Geico Casualty Company ("Geico"). Plaintiffs, Ryan B. and Christie P. Bernstein, allege that Geico, in bad faith, delayed investigation and settlement payment for underinsured motorist ("UIM") benefits following an automobile accident. For the reasons set forth below, the Court will grant Geico's motion. I. FACTUAL...
ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW , this 18th day of March, 2020, upon consideration of Defendant Ocwen Loan Servicing, LLC's ("Ocwen") Motion to Dismiss Second Amended Complaint (Doc. No. 58) and Plaintiffs' response (Doc. No. 59), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. Defendant Ocwen's Motion to Dismiss Plaintiffs' claim for unjust enrichment (Count III) is GRANTED and this claim is DISMISSED WITH PREJUDICE...
ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW, this 19th day of March, 2020, upon consideration of Plaintiff's "Memorandum Regarding Trexler Expert Report due to Prejudice" (ECF No. 295) and Defendants' "Response in Opposition to Supplemental Motion to Exclude Trexler Expert Report due to Prejudice" (ECF No. 296), it is hereby ORDERED that: — Plaintiff's request to exclude any testimony or documents related to Scenario 1D in Dana Trexler's expert report produced on January 15,...
MEMORANDUM OPINION MITCHELL S. GOLDBERG , District Judge . Commencing on January 27, 2020, I held a bench trial on Defendants Medical Components, Inc. and Martech Medical Products, Inc.'s alleged infringement of Plaintiff Larry Junker's patent for the handle design of what is referred to as an "introducer sheath." The infringement verdict and my findings on Defendants' claim of invalidity have been held under advisement pending post-trial submissions and resolution of the current...
MEMORANDUM Goldberg , District Judge . Plaintiffs William Hollenshead ("Hollenshead") and Patricia Mirkin-Hollenshead ("Mirkin-Hollenshead"), husband and wife (collectively, "Plaintiffs"), bring this case alleging that the improper servicing of their home loan has resulted in threats of foreclosure proceedings and wrongful accounting of their loan. They have sued NewRez, LLC d/b/a Shellpoint Mortgage Servicing ("Shellpoint"), Bank of America, N.A. ("BOA"), and Ocwen Loan Servicing, LLC ("...
ORDER J. CURTIS JOYNER , District Judge . AND NOW, this 16th day of March, 2020, upon consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review (Dkt. No. 9); Defendant's Response to Request for Review of Plaintiff (Dkt. No. 10); Plaintiff's Reply Brief (Dkt. No. 11); and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated February 18, 2020, and Plaintiff's Objections thereto and Defendant's Response...
ORDER C. DARNELL JONES, II , District Judge . AND NOW, this 18th day of March 2020, upon careful consideration of: Plaintiff's Brief and Statement of Issues in Support of Request for Review (ECF No. 14); Defendant's Response (ECF No. 15); Plaintiff's Reply (ECF No. 16); the Report and Recommendation of United States Magistrate Judge Marilyn Heffley (ECF No. 17); Defendant's Objections (ECF No. 21); and, Plaintiff's Response to Objections (ECF No. 23), it is ORDERED as follows: 1....
ORDER J. CURTIS JOYNER , District Judge . AND NOW, this 16th day of March, 2020, upon consideration of the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski, and upon independent review of the briefs filed by the parties and Plaintiff's Objection to the Report and Recommendation and the Defendant's response thereto, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff's Request for Review is DENIED; and 3....
ORDER C. DARNELL JONES, II , District Judge . AND NOW, this 18th day of March 2020, upon consideration of: the Petition for Writ of Habeas Corpus (ECF No. 1); Petitioner's Addendum (ECF No. 11); the Commonwealth's Response thereto (ECF No. 7); the Report and Recommendation of United States Magistrate Judge Richard Lloret (ECF No. 12); Petitioner's Objections thereto (ECF Nos. 15, 17); and, the Commonwealth's Response to Petitioner's Objections (ECF No. 21), it is hereby ORDERED as follows:...
MEMORANDUM C. DARNELL JONES, II , District Judge . I. Introduction Petitioner filed the instant pro se habeas petition pursuant to 28 U.S.C. 2254, challenging his June 30, 2011 conviction in the Philadelphia Court of Common Pleas on charges of Rape, Endangering the Welfare of a Child, and Aggravated Indecent Assault. Petitioner argues he had an alibi and is therefore "actually innocent," and that his trial counsel was ineffective. Upon referral from this Court, United States...
ORDER J. CURTIS JOYNER , District Judge . AND NOW this 16th day of March , 2020, upon consideration of the parties' submissions, and after careful and independent review of the Report and Recommendation of United States Magistrate Judge Richard A. Lloret (Doc. No. 29), it is ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Petitioner's Request for Review (Doc. No. 17) is DENIED and the final order of the Commissioner of Social Security is AFFIRMED;...
ORDER GERALD AUSTIN McHUGH , District Judge . This 16th day of March, 2020, upon consideration of Simons's Petition to Vacate Arbitration Order (ECF 1) and accompanying Motion to Vacate Arbitration Award (ECF 2), the Browns' Opposition and Cross-Motion to Confirm Arbitration Award (ECF 5), and Simons's Reply and Opposition thereto (ECF 8), it is hereby ORDERED that Simons's Petition and Motion to Vacate are DENIED , and the Cross-Motion to Confirm is GRANTED .
MEMORANDUM McHUGH , District Judge . This action follows an arbitration award ("Award") resolving a business dispute between two partners after they had a falling-out. The losing party, Alan Simons, asks this Court to vacate the Award under Section 10(a) of the Federal Arbitration Act ("FAA"), while the prevailing parties, John and Lorraine Brown, 1 cross-move to confirm it. The dispute turns on the construction of a series of contracts. After extensive discovery during the arbitration...
ORDER JUAN R. SANCHEZ , Chief District Judge . AND NOW, this 17th day of March, 2020, upon consideration of Movant Midland Funding LLC's Motion to Intervene, Plaintiff Lindsey Feist's opposition, and Midland Funding's reply, and the parties' presentations at the February 11, 2020, oral argument on the Motion, and for the reasons stated in the accompanying Memorandum, it is ORDERED the Motion (Document 7) is DENIED.
ORDER GERALD AUSTIN McHUGH , District Judge . This 16th day of March 2020, it is hereby ORDERED that Plaintiff's Motion for Post Trial Relief, (ECF 103) is DENIED. Judgement is hereby ENTERED in favor of Defendants and against Plaintiff. The Clerk is requested to mark this case closed.
