MEMORANDUM & ORDER JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: I. INTRODUCTION Before the Court in this wrongful death/survival action is Defendants Precision Airmotive LLC, Precision Airmotive Corporation, Burns International Services Corporation, Former Fuel Systems, Inc., 1 and Mark IV Industries, Inc.'s 2 ("Carburetor Defendants") Motion for judgment on the pleadings and dismissal of Plaintiff Jill Sikkelee's ("Plaintiff") Complaint. (Doc. 107). For...
MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are various motions by Defendant William Moyer, including a motion to dismiss Count One and Count Two of the Indictment for failure to sufficiently allege a violation of 18 U.S.C. 1519 (Doc. 99), a motion to dismiss Count One and Count Two of the Indictment because 1519 is unconstitutionally vague (Doc. 97), a motion to dismiss Count Three and Count Four of the Indictment for failure to sufficiently allege...
MEMORANDUM AND ORDER J. ANDREW SMYSER, United States Magistrate Judge. I. Background and Procedural History. The plaintiff filed a second amended complaint in this case on August 3, 2009. (Doc. 24). The second amended complaint alleges that the plaintiff Darwin Lesher borrowed a sum from a lender, Washington Mutual, in the form of a home equity loan and that he fell behind on his payments. He disputes the alleged debt and how the debt was calculated. Washington Mutual placed the...
MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Presently before the court are plaintiff Kimberly-Clark Worldwide, Inc.'s ("KC") motions to strike, dismiss, sever and transfer, or in the alternative sever and stay defendants', First Quality Baby Products, LLC, First Quality Products, Inc., First Quality Retail Services, LLC, and First Quality Hygienic, Inc. (collectively "First Quality"), counterclaims I-VII. For the following reasons, we will grant KC's motion to strike in...
MEMORANDUM and ORDER JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: This action commenced on November 19, 2009, with the filing of a complaint by several property owners to recover damages allegedly arising from Defendants Cabot Oil and Gas Corporation ("Cabot") and Gas Search Drilling Services Corporation's ("Gas Search") (collectively, "Defendants") operation of natural gas wells in Dimock Township, Susquehanna County, Pennsylvania. In the controlling...
MEMORANDUM RICHARD P. CONABOY, District Judge. Here we consider Magistrate Judge William T. Prince's Report and Recommendation (Doc. 83, 2010 WL 4318886) concerning Defendants' Motion for Summary Judgment (Doc. 69). With their motion, Defendants seek summary judgment in their favor on all claims remaining in Plaintiff's Second Amended Complaint (Doc. 42). (Docs. 69, 69-2.) Magistrate Judge Prince recommends that the Court deny the motion. (Doc. 83 at 28.) Defendants filed objections to the...
MEMORANDUM ORDER YVETTE KANE, Chief Judge. Presently pending before the Court is the Report and Recommendation of Magistrate Judge William T. Prince addressing Defendant's motion for summary judgment, (Doc. No. 25), along with Defendant's objections, (Doc. No. 27), and Plaintiff's response, (Doc. No. 29). The Court will adopt the recommendation in full, but will write briefly to address Defendant's objections. 1 This case concerns a civil action in which Plaintiff alleges political...
MEMORANDUM CHRISTOPHER C. CONNER, District Judge. This case involves a constitutional challenge to 1108(k) of the Public Official Employee Ethics Act ("Act"), 65 PA. CONS. STAT. 1108(k). Presently before the court are the parties' cross-motions for summary judgment (Docs. 35, 39). Plaintiff Gene Stilp ("Stilp") seeks to permanently enjoin enforcement of 1108(k), which prohibits disclosure by any person of information relating to an ethics complaint, preliminary inquiry, investigation,...
MEMORANDUM JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS: This matter is before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Thomas M. Blewitt (Doc. 54), filed on August 19, 2010, which recommends that we grant the Plaintiff's Motion for Summary Judgment (Doc. 28) and deny Defendant James Drumheiser's ("Drumheiser") cross-Motion for Summary Judgment. (Doc. 39). Drumheiser filed objections to the R & R on September 2, 2010....
MEMORANDUM CHRISTOPHER C. CONNER, District Judge. Petitioner Kevin L. McGill ("McGill"), an inmate incarcerated at the Federal Correctional Institution at Schuylkill ("FCI-Schuylkill"), Pennsylvania, filed the instant petition for writ of habeas corpus on July 20, 2009, challenging a decision of the United States Parole Commission ("USPC" or "parole commission") to revoke his parole, not afford him credit for any time he spent on parole, and continue imprisonment until the expiration of his...
MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are the Motions to Dismiss of Defendants Mark A. Ciavarella, Jr. (Doc. 24), Michael T. Conahan (Doc. 28), Sandra Brulo (Doc. 59), Robert K. Mericle and Mericle Construction, Inc. (Doc. 68), PA Child Care, LLC ("PACC") (Doc. 70), Robert J. Powell and Vision Holdings, LLC (Doc. 72), and Barbara Conahan and Cindy Ciavarella (Doc. 78). For the various reasons discussed more fully below the motions of Mr. Conahan, Mr....
MEMORANDUM SYLVIA H. RAMBO, District Judge. Plaintiff Joshua Caldwell ("Caldwell") initiated this civil rights action on March 25, 2009, with a complaint filed pursuant to the provisions of 42 U.S.C. 1983, (Doc. 1), as amended on September 11, 2009, (Doc. 30). Caldwell sets forth allegations against several employees of the Luzerne County Corrections Facility ("LCCF") in Wilkes-Barre, Pennsylvania. 1 He contends that Defendants violated his constitutional rights when he was forcibly...
MEMORANDUM AND ORDER J. ANDREW SMYSER, United States Magistrate Judge. I. Background and Procedural History. The plaintiff, J.P. Donmoyer, Inc., commenced this action in the Court of Common Pleas of Lebanon County, Pennsylvania. The case was removed to this Court on March 16, 2009. The complaint names two defendants: Utility Trailer Manufacturing Company (Utility Trailer) and Haldex Brake Products Corporation (Haldex). The plaintiff alleges that, at all material times, it was in the...
MEMORANDUM SYLVIA H. RAMBO, District Judge. I. Introduction This case concerns the education of Breanne C., 1 who, in the fall of this year will enter the 11th grade in the Southern York County School District ("the District"). Breanne has been continuously enrolled in the District since she was in kindergarten, and based on the court's review of the administrative record, it appears that her parents, Edward and Donna C., have been continuously at odds with the District concerning its...
MEMORANDUM ORDER YVETTE KANE, Chief Judge. Presently pending before the Court is the Report and Recommendation of Magistrate Judge Martin Carlson addressing the parties' cross-motions for summary judgment, (Doc. No. 102), and the objections of Defendants Bigalow, Crum, Heaster, Moschgat, and Workenger. (Doc. No. 103.) The Court will adopt the recommendation in full, but will write briefly to address Defendants' objections. 1 This case concerns a civil action for damages brought pursuant to...
MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Presently before the court is defendants' First Quality Baby Products, LLC, First Quality Products, Inc., and First Quality Retail Services, LLC (collectively "First Quality") motion for summary judgment seeking invalidity of all asserted claims of plaintiff Kimberly-Clark Worldwide, Inc.'s ("KC") U.S. Patent No. 5,496,298 ("Kuepper Patent"). First Quality contends that asserted Claims 1, 2, 10-14 and 30 of the Kuepper Patent...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition are the parties' respective motions for summary judgment (Docs. 35, 40). The motions have been briefed and are ripe for disposition. BACKGROUND This case stems from a land development dispute between Plaintiff Northeast Land Development, LLC ("NE Land") and Defendant the City of Scranton ("the City"). Because the intricacies of the City of Scranton's land development process greatly inform the court's analysis,...
MEMORANDUM JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS: Petitioner Alex Ortiz ("Petitioner") or ("Ortiz"), who presently is confined at the Brooklyn Metropolitan Detention Center ("MDC Brooklyn") in Brooklyn, New York, initiated the above action pro se by filing a Petition for Writ of Habeas Corpus ("Petition") under the provisions of 28 U.S.C. 2241. 1 At the time of filing, Ortiz was an inmate at the Low Security Correctional Institution...
MEMORANDUM SYLVIA H. RAMBO, District Judge. The Commonwealth of Pennsylvania, Department of Environmental Protection, ("PADEP") filed a complaint, and then an amended complaint, seeking to recover from Defendant Lockheed Martin Corporation ("LMC") response costs incurred in the cleanup of Strontium-90, ("Sr-90"), a radioactive and hazardous nuclear byproduct material, at or from the Quehanna Wild Area Nuclear Site in the Quehanna Wild Area of the Moshannon State Forest in Clearfield County,...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court is Defendant Allstate Property and Casualty Insurance Company's motion to dismiss Count II of the complaint, or in the alternative, motion for a more definite statement (Doc. 5). Having been fully briefed, the matter is ripe for disposition. BACKGROUND On August 9, 2007, the Plaintiff, Eugene F. Hickey, II, ("Plaintiff") suffered injuries to his neck and back in a motor vehicle accident caused by another vehicle. (Compl. 9 (Doc....
