ORDER SYLVIA H. RAMBO , District Judge . In accordance with the accompanying memorandum of law, IT IS HEREBY ORDERED that Defendant's motion to dismiss (Doc. 10) is DENIED as to Counts I and III, and GRANTED as to Counts II and IV. IT IS FURTHER ORDERED that any request for punitive damages is STRICKEN.
MEMORANDUM JOHN E. JONES III, District Judge. Presently pending before the Court is the Motion to Dismiss (doc. 6) filed by Defendant Governor Thomas W. Corbett and Defendant William B. Lynch (collectively, "Defendants"). The Motion has been fully briefed by the parties (docs. 7, 15, 22) and the Court has accepted and considered the amicus curiae submission by Dauphin County. For the reasons fully articulated and set forth herein, the Court will grant the Motion and dismiss the Plaintiffs'...
ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 12th day of December, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 27), recommending (1) that Defendant York Sewer Authority's motion to dismiss (Doc. 11) be denied, (2) that Defendant Monacacy Valley Electric, Inc.'s motion to dismiss (Doc. 10) be granted with respect to Counts I — II, without prejudice, (3) that Monacacy Valley Electric, Inc.'s motion to dismiss...
MEMORANDUM YVETTE KANE, Chief Judge. Presently pending before the Court are two motions to dismiss Plaintiffs' amended complaint filed by the Penn State Milton S. Hershey Medical Center Defendants (Doc. No. 61) and the Franklin County Defendants (Doc. No. 60). The motions have been fully briefed and are ripe for disposition. For the reasons stated more fully herein, the Court will grant the Franklin County Defendants' motion and will grant in part and deny in part the Penn State Milton S....
MEMORANDUM SYLVIA H. RAMBO, District Judge. Presently before the court are two motions: (1) Defendants' Motion to Vacate August 22, 2012 Order Granting Preliminary Injunction (Doc. 27); and (2) Plaintiff's Motion to Overturn the Ejection of Tito Moreno Because 58 Pa.Code 165.231 is Unconstitutional (Doc. 30). Both motions stem from this court's granting of Plaintiff's motion for a preliminary injunction (Doc. 20) wherein Plaintiff, a licensed horse trainer, argued at a hearing before this...
MEMORANDUM CHRISTOPHER C. CONNER, District Judge. On October 4, 2012, the court held a detention hearing to determine whether Jermaine Williams ("Williams"), should be detained or released pending his sentencing hearing. The court determined that, for exceptional reasons, Williams's detention pending sentencing is not mandated by statute. This memorandum expands upon the court's ratio decidendi set forth on the record at the hearing. I. Factual Background On October 2, 2012, Williams...
MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is Defendants' Motion to Dismiss (Doc. 34) Plaintiffs' First Amended Complaint. Plaintiffs, the Pocono Mountain Charter School, students enrolled at the school, and the parents of the enrolled students, commenced this action alleging violations of Title VI of the Civil Rights Act of 1964, the United States Constitution, and the Pennsylvania Constitution. Defendants, the Pocono Mountain School District and employees and...
MEMORANDUM OPINION MARTIN C. CARLSON, United States Magistrate Judge. I. INTRODUCTION "Happy families are all alike; every unhappy family is unhappy in its own way." Leo Tolstoy, quoted in Orchard v. Covelli, 590 F.Supp. 1548 , 1550 (W.D.Pa.1984) aff'd sub nom. Appeal of Orchard, 802 F.2d 448 (3d Cir.1986) and aff'd, 802 F.2d 448 (3d Cir.1986). Three decades ago, Gerald J. Weber, a renowned federal judge in Pennsylvania who was confronted with a familial dispute which erupted in...
MEMORANDUM YVETTE KANE, Chief Judge. Before the Court is Plaintiffs' motion for a temporary restraining order and preliminary injunction directing officials of the Pennsylvania Department of Corrections to permit them, or other press members designated as witnesses, full visual and auditory access to executions conducted in the Commonwealth of Pennsylvania, including an execution scheduled for November 8, 2012. (Doc. No. 4.) Defendants have filed a brief in opposition. (Doc. No. 17.) At a...
ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 17th day of October, 2012, upon consideration of the Magistrate Judge's report (Doc. 78) recommending that defendant York-Adams Area Council, Inc.'s ("York-Adams") motion for summary judgment (Doc. 71) be granted in part on plaintiff M.S.'s negligence claim related to the absence of liability insurance because M.S. cannot establish that York-Adams had a duty to ensure that defendant Cedar Bridge Military Academy ("Cedar Bridge")...
MEMORANDUM SYLVIA H. RAMBO, District Judge. Plaintiffs Anthony Adamo ("Adamo"), a licensed race horse trainer, and Michael Gill ("Gill"), a licensed race horse owner, brought this case challenging the constitutionality of their ejections from Penn National Race Course ("Penn National") pursuant to 42 U.S.C. 1983. Additionally, Adamo challenges the constitutionality of the subsequent suspension of his horse trainer's license. A bench trial was held from April 23 to April 26, 2012. For the...
MEMORANDUM OPINION ROBERT D. MARIANI, District Judge. I. Introduction Plaintiff Citizens for Pennsylvania's Future ("PennFuture") filed this citizen suit against Defendant Ultra Resources, Inc. ("Ultra") for alleged violations of the Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq. PennFuture contends that Ultra built a major facility which produces nitrogen oxide ("NO x ") emissions without obtaining the appropriate nonattainment New Source Review ("NNSR") permit under the state...
MEMORANDUM AND ORDER ROBERT D. MARIANI, District Judge. I. Introduction and Procedural History Plaintiff SMJ & J, Inc. ("SMJ & J") filed a Complaint (Doc. 1) against Defendant NRG Heat & Power, LLC ("NRG") seeking, inter alia, injunctive relief for NRG's alleged violations of the Lanham Act, 15 U.S.C. 1125(a), Pennsylvania Trademark Act, 54 Pa. Cons.Stat. 1124, and for common law unfair competition. NRG counterclaimed (Doc. 5) under the Lanham Act and common law trademark...
MEMORANDUM CHRISTOPHER C. CONNER, District Judge. Presently before the court in the above-captioned matter is the motion to dismiss (Doc. 11) of defendants Representative Rick Saccone, Clancy Myer, and Anthony Barbush (collectively, "defendants," or "legislative defendants"). Defendants argue that plaintiff Freedom From Religion Foundation's ("FFRF" or "the Foundation") complaint (Doc. 1) should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition are the defendants' motions to dismiss the complaint (Docs. 14, 15) pursuant to Federal Rule of Civil Procedure 12(b)(6). The motions have been fully briefed and are ripe for disposition. Background On May 2, 2011, Plaintiffs Peter Luck and Kenneth Wynder (collectively "plaintiffs") entered Mount Airy Casino located in Mount Pocono, Pennsylvania, and spoke with casino security guards. (Doc. 1, Compl. 17)....
MEMORANDUM AND ORDER JOHN E. JONES III, District Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: This matter is before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Martin C. Carlson (Doc. 181), filed on August 15, 2012, which recommends that Plaintiffs' Motion for Substitution, Joinder and Ratification (Doc. 159) be granted to permit Lefta Associates, Inc. to be substituted as the real party in interest for Lefta Associates, L.P., for the Lulu H. Auger Trust...
MEMORANDUM OPINION ROBERT D. MARIANI, District Judge. Presently before the Court are: (1) a Motion to Dismiss by Defendant Alex T. Thomas ("Thomas") (Doc. 47); (2) a Motion to Dismiss by Defendants PrimeCare Medical, Inc., Dr. Deborah Wilson, Christina Rowe, Wendy Johnson, Paul S. James, Grace Ramos and Patrica Bauer (collectively, "Medical Defendants") (Doc. 50); and (3) and a Motion for Judgment on the Pleadings by Defendant Jesse Cleare (Doc. 59). For the reasons set forth below, both...
MEMORANDUM OPINION ROBERT D. MARIANI, District Judge. I. Introduction Before the Court are Defendant's Motion to Dismiss and Transfer Case (Doc. 4), all accompanying briefs, Magistrate Judge Blewitt's Report & Recommendation ("R & R") (Doc. 15), Defendant's Objections (Doc. 16), Plaintiff's Brief in Opposition to Defendant's Objections (Doc. 17), and Defendant's Reply Brief (Doc. 18). For the reasons set forth below, the Court will adopt Judge Blewitt's R & R, grant Defendant's Motion to...
MEMORANDUM SYLVIA H. RAMBO, District Judge. In this civil rights action, Plaintiff alleges that Defendant, her former employer, unlawfully discriminated against her based on her race, national origin, and religion in violation of Title VII of the Civil Rights Act ("Title VII"), 1 Section 1981 2 (Count I), and the Pennsylvania Human Relations Act ("PHRA") 3 (Count III). Additionally, Plaintiff asserts a pendent Pennsylvania common law tort claim for intentional infliction of emotional...
MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is Magistrate Judge Methvin's Report and Recommendation (the "R & R") (Doc. 37) recommending Plaintiff Global Tower, LLC's ("Global") Motion for Summary Judgment (Doc. 22) be granted and Defendants Hamilton Township and the Zoning Hearing Board of Hamilton Township's (collectively "Hamilton") Motion for Summary Judgment (Doc. 19) be denied. Global alleges that the Zoning Hearing Board (the "Board") unlawfully denied its...
