MEMORANDUM MATTHEW W. BRANN, District Judge. I. BACKGROUND: On April 23, 2012, plaintiff, Andrew D. Musila, commenced the above-captioned action. Musila was, at the time of the events in question, and remains, a tenured professor at Lock Haven University ("LHU"), a named defendant. The other hereinafter named "University defendants" are Deana Hill, the HR Director; Albert Jones, the Director of Social Equity; Deborah Erickson, the Provost; Barbara Dixon, the University President; and Linda...
MEMORANDUM OPINION ROBERT D. MARIANI, District Judge. I. Introduction Before the Court is Defendant's Motion to Dismiss (Doc. 67). For the reasons set forth below, the Court will grant Defendant's motion. II. Background On January 18, 2006, Linda Wallace ("Mrs. Wallace") filed this personal injury action against Defendant Novartis Pharmaceuticals Corporation ("Novartis"), arising from her use of Aredia and Zometa to treat her breast cancer. (Complaint ("Compl."), Doc. 1, 13). She...
MEMORANDUM MATTHEW W. BRANN, District Judge. This civil action for trademark infringement, unfair competition and unjust enrichment, arising under 15 U.S.C. 1114(1); 1125(a), was commenced on December 19, 2012, proceeds on the Amended Complaint, and offers for the Court's consideration and review a textbook discussion of in personam jurisdiction. Pl.'s Am. Compl. Jan. 22, 2013, ECF No. 8 [hereinafter Pl.'s Am. Compl.]. Before the Court is Defendant Ronald Abbott's ("Abbott") Motion to...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is the motion to dismiss plaintiffs' Amended Complaint filed by Defendants Pleasant Valley School District, Douglas C. Arnold, Anthony A. Fadule, and John J. Gress. The matter has been fully briefed and is ripe for disposition. Background 1 At all relevant times, C.M. (hereinafter "John Doe") and his sister A.M. (hereinafter "Jane Doe") 2 were members of Defendant Pleasant Valley School District's high school...
MEMORANDUM MALACHY E. MANNION, District Judge. Pending before the court are the plaintiff's motion for summary judgment, (Doc. No. 20), and the defendant's motion for summary judgment, (Doc. No. 26). Based upon the court's review of the motions and related materials, the plaintiff's motion for summary judgment will be dismissed, and the defendant's motion for summary judgment will be granted. I. PROCEDURAL HISTORY By way of relevant background, the plaintiff filed the instant employment...
MEMORANDUM MATTHEW W. BRANN, District Judge. Before the Court is Ski Shawnee, Inc.'s ("Defendant") motion for summary judgment in the negligence action filed by Colleen Barillari and William Barillari ("Plaintiffs"). The complaint alleges Colleen Barillari suffered an injury and William Barillari suffered a corresponding loss of consortium, both caused by the Defendant's alleged negligence. See Pls.' Compl. 9-13, Jan. 6, 2012, ECF No. 1. The Defendant moves for summary judgment in its...
MEMORANDUM MATTHEW W. BRANN, District Judge. I. BACKGROUND Plaintiffs, Randy and Janete Shrey (hereinafter "the Shreys"), initiated this civil action on July 8, 2010, by filing a six-count complaint against Defendant Raymond Kontz III. The action was initiated after Kontz, a City of Williamsport police officer, seized more than 600 collectible Little League, International, trading pins from Plaintiffs in their home. The complaint alleged Unlawful Seizure of Property pursuant to 42 U.S.C....
MEMORANDUM SYLVIA H. RAMBO, District Judge. In this Section 1983 civil rights action, Plaintiff has sued two Pennsylvania Fish and Boat Commission officers, the Sheriff of Adams County, Pennsylvania, and a Pennsylvania Court of Common Pleas judge for various alleged violations of his constitutional rights 1 arising out of a series of events that occurred after Plaintiff failed to pay a fine issued against him by the Pennsylvania Fish and Boat Commission. Plaintiff alleges, inter alia,...
MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are Motions to Dismiss filed by Defendant Linda L. Kelly 1 (Doc. 10) and Defendants Michael L. Krancer and Robert F. POWLESON (Doc. 21). Because Plaintiff Dr. Alfonso Rodriguez, M.D. ("Plaintiff") lacks standing to bring this case, both Motions to Dismiss will be granted under Federal Rule of Civil Procedure 12(b)(1). BACKGROUND The facts as alleged by Plaintiff in his Complaint (Doc. 1) are as follows: Plaintiff is...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is Plaintiff Patricia Evankavitch's (hereinafter "plaintiff") motion for partial summary judgment in this Fair Debt Collection Practices Act case. The parties have briefed their respective positions, and the matter is ripe for disposition. Background In 2005, plaintiff obtained a $43,000.00 mortgage on her home. (Doc. 24, Pl.'s Statement of Undisputed Material Facts, (hereinafter "Pl.'s SOF") at 4). 1 Plaintiff...
MEMORANDUM CHRISTOPHER C. CONNER, Chief Judge. Presently before the court in the above-captioned matter is a motion (Doc. 33) to dismiss the second amended complaint (Doc. 31), pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by defendant S-L Distribution Company, Inc., f/k/a SOH Distribution Company, Inc. ("S-L Distribution"). The motion is fully briefed and the issues are ripe for disposition. For the reasons that follow, the court will grant S-L's motion in its entirety and...
OPINION SYLVIA H. RAMBO, District Judge. In this criminal case arising out of the misappropriation and laundering of federally funded loans, Defendant pleaded guilty to two substantive counts of an eleven count indictment. Presently before the court is the Government's request for the court to order restitution pursuant to the provisions of the Mandatory Victims Restitution Act, codified at 18 U.S.C. 3663A. The issue presented herein is whether the entities claiming restitution, many of...
MEMORANDUM MUNLEY, District Judge. Before the court is Defendants Deutsche Bank National Trust Company (hereinafter "Deutsche Bank") and American Home Mortgage Servicing, Inc.'s 1 (hereinafter "AHMSI") motion to dismiss Plaintiff Mary P. McAndrew's (hereinafter "plaintiff") complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 4). The matter is fully briefed and ripe for disposition. For the following reasons, the court will grant defendants' motion to dismiss....
MEMORANDUM OPINION ROBERT D. MARIANI, District Judge. I. Introduction Presently before the Court is a Motion to Dismiss the three causes of action alleged in a First Amendment retaliation suit. (Doc. 6). For the reasons discussed below, the Court will deny the Motion as to Counts I and II and grant it in part as to Count III. The Court will dismiss Count III as alleged, but will grant the Plaintiff leave to amend. II. Procedural History Rosemary Ransom filed a Complaint (Doc. 1)...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court is defendant's motion for summary judgment. (Doc. 37). This motion is fully briefed and ripe for disposition. BACKGROUND The instant age discrimination action arose from Plaintiff Stanley Rzucidlo's (hereinafter "Rzucidlo") termination as an employee with Tobyhanna Army Depot (hereinafter "Tobyhanna"). The undisputed material facts as presented by both parties are as follows: On April 14, 2004, Tobyhanna hired Rzucidlo, born in...
MEMORANDUM JOHN E. JONES III, District Judge. Presently pending before this Court is a Motion to Dismiss (Doc. 14) under civil procedural rule 12(b)(6), filed by Defendants Thomas W. Corbett, Governor of the Commonwealth of Pennsylvania, and Carol T. Aichele, Secretary of the Commonwealth. By this Motion, Defendants seek to dismiss each count of the Amended Complaint (Doc. 10) filed by Plaintiffs, Senior Judge Benjamin Lerner and Judges John W. Herron, Leonard N. Zito, and Gerald Solomon. For...
MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is the Defendant Mount Airy Casino and Resort's (hereinafter "defendant") motion to dismiss Plaintiff Michelle Pierce-Schmader's amended complaint in this employment discrimination case. The matter has been fully briefed and is ripe for disposition. Background Plaintiff worked for defendant in Mount Pocono, Pennsylvania, as a cocktail server commencing in September 2007. (Doc. 8, Am. Compl. (hereinafter "Am. Compl....
ORDER CHRISTOPHER C. CONNER, Chief District Judge. AND NOW, this 11th day of September, 2013, upon consideration of the following motions filed pro se by petitioner William Rohland ("Rohland"): (1) motion for reconsideration (Doc. 72) of this court's order dated August 22, 2013 1 (Doc. 71); (2) motion to appoint counsel (Doc. 73); (3) request for certificate of appealability (Doc. 78) on a prior Rule 60(b) motion (Doc. 12); (4) Rule 60(b) motion 2 (Doc. 79); and (5) several requests...
MEMORANDUM OPINION AND ORDER MARTIN C. CARLSON, Magistrate Judge. I. Statement of Facts and of the Case This is a pro se civil rights action brought by Robert Boring, a state inmate who was confined at the State Correctional Institution (SCI) Rockview. (Doc. 1.) In his complaint, filed on March 6, 2012, Boring named prison medical staff, Dr. Sanders and Hospital Care Administrator Ted Williams, as defendants and advanced an Eighth Amendment medical deliberate indifference claim, and a...
MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Pro se plaintiff, Nigel Douglas, is a federal inmate formerly incarcerated at Allenwood United States Penitentiary (USP Allenwood), in White Deer, Pennsylvania. 1 On February 15, 2012, he filed this Bivens -type civil-rights action 2 alleging the denial of medical care and deliberate indifference to his medical needs following a surgical procedure to treat an enlarged prostate. Douglas also alleges Dr. Chopra, his...
