ORDER OF COURT RE: ECF No. 78. MAUREEN P. KELLY , Magistrate Judge . Presently before the Court is Plaintiff Cordiro Brown's Motion for Reconsideration, ECF No. 78, relative to the Memorandum Order issued by this Court on January 29, 2020, ECF No. 76, denying Plaintiff's Motion for Preliminary Injunction/Temporary Restraining Order (the "Motion for Preliminary Injunction"). In the Motion for Preliminary Injunction, ECF No. 5, Plaintiff alleged that he was suffering physical and mental...
ORDER OF COURT NORA BARRY FISCHER , Senior District Judge . AND NOW, this 19th day of March, 2018, after a Report and Recommendation was filed by Magistrate Judge Maureen P. Kelly on February 25, 2020, (Docket No. [78]), recommending that Defendants' Motion for Summary Judgment (Docket No. [54]) be granted and the parties were provided 14 days to file written objections thereto, making objections from Plaintiff, as an unregistered ECF party, due by March 13, 2020, and no objections having...
MEMORANDUM OPINION ON DEFENDANT LOMBARDI'S MOTION TO DISMISS [ECF 35] J. NICHOLAS RANJAN , District Judge . Defendant Anthony Lombardi moves to dismiss the claims against him without prejudice, arguing that Matthews has engaged in claim splitting. That is, Matthews first filed a lawsuit in this Court against Mr. Lombardi, alleging breach of contract arising out of Mr. Lombardi's decision to work for a Matthews competitor. Matthews Int'l Corp. v. Anthony A. Lombardi, No. 2:19-cv-1611 (W....
OPINION MARILYN J. HORAN , District Judge . Plaintiffs Mia McEachern and Donald McEachern bring this wage payment dispute action against Defendants George Junior Republic in Pennsylvania ("GJR") and its parent company, George Junior Republic ("Parent") (collectively, "Defendants") asserting that Defendants illegally failed to pay the McEacherns overtime wages for working through their break periods, in violation of federal and state wage and hour laws. Plaintiffs assert the following...
MEMORANDUM ORDER DAVID STEWART CERCONE , Senior District Judge . AND NOW, this 19th day of March, 2020, in accordance with the discussions and explanations provided to counsel for both parties at the status conference held on April 25, 2019, IT IS ORDERED that [29] defendants' motion for summary judgment be, and the same hereby is, granted. Final judgment in favor of defendants and against plaintiff will be entered by separate order. Federal Rule of Civil Procedure 56 provides that "[t]...
OPINION David Stewart Cercone , Senior United States District Judge . Plaintiffs commenced this personal injury action in Court of Common Pleas of Westmoreland County seeking redress for injuries sustained by Ronald Dell when he assertedly fell as a result of a decaying step on stairs leading to an apartment that plaintiffs occupied as tenants. The originally named defendant, John Chain, removed this action to the United States Bankruptcy Court for the Western District of Pennsylvania...
OPINION JOY FLOWERS CONTI , Senior District Judge . I. Introduction Pending before the court in this diversity action are three motions for summary judgment. (ECF Nos. 231, 233, 238.) The claims asserted by the parties in this case, some of which are at issue in the motions for summary judgment, arise out of a contract entered into by counterclaim plaintiff Youngstown Pipe & Steel ("YPS") and counterclaim defendant Black Bear Energy Services, Inc. ("Black Bear"), pursuant to which YPS...
MEMORANDUM OPINION ON MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION [ECF 29] J. NICHOLAS RANJAN , District Judge . Matthews filed this action against its former employees, Messrs. Lombardi, Stoveken, and Andrews, and its alleged competitors, Implant and IR Environmental. As against Implant and IR Environmental, Matthews alleges that they: (1) violated federal and state trade secret statutes by misappropriating Matthews's confidential information and trade secrets; and (2) engaged in...
ORDER OF COURT ROBERT J. COLVILLE , District Judge . Before the Court is the February 5, 2020 Report and Recommendation of the Honorable Patricia L. Dodge (ECF No. 53) recommending that Defendants' Motion to Partially Dismiss Plaintiff's Complaint (ECF No. 40) be granted in part and denied in part. Objections to Judge Dodge's Report and Recommendation were due by March 12, 2020. No objections were filed, and the matter is now ripe for disposition. The district court must make a de novo...
OPINION DAVID STEWART CERCONE , Senior District Judge . Proceeding pro se, plaintiff commenced this action pursuant to the laws governing employment discrimination seeking redress for alleged wrongful termination based on race. On March 26, 2019, plaintiff's original complaint was dismissed for failure to show exhaustion of administrative remedies and failure to state a claim upon which relief can be granted. Plaintiff was granted leave to amend. He filed an amended complaint. In the...
OPINION DAVID STEWART CERCONE , Senior District Judge . Plaintiff commenced this action seeking redress for his termination from Fieldworks, LLC, where he worked for six or seven weeks in the summer of 2016 as a "canvasser" attempting to register new voters. Plaintiff claims that his firing was the result of racial discrimination and retaliation. Plaintiff's original complaint was dismissed for failure to state a claim under Rule 12(b)(6), with leave to amend. Plaintiff filed an amended...
OPINION ORDER OF COURT DONETTA W. AMBROSE , Senior District Judge . SYNOPSIS Pending before the Court are Cross-Motions for Summary Judgment. [ECF Nos. 7, 11]. Both parties have filed Briefs in Support of their Motions. [ECF Nos. 8, 12]. After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am granting Plaintiff's Motion for Summary Judgment and denying Defendant's Motion for Summary Judgment. I. BACKGROUND Plaintiff has brought...
MEMORANDUM OPINION SUSAN PARADISE BAXTER , District Judge . I. Introduction Plaintiff Charles Horsh commenced this pro se civil rights action in November 2017 seeking redress for, primarily, alleged violations of his Eighth Amendment rights based upon the allegedly deficient medical care that he received while incarcerated at SCI-Albion. Plaintiff's Amended Complaint, ECF No. 57 — the operative pleading — was directed at the following Defendants: Michael Clark ("Clark"),...
ORDER DENYING PLAINTIFF'S MOTION FOR NEW TRIAL BARBARA JACOBS ROTHSTEIN , District Judge . I. INTRODUCTION AND BACKGROUND This matter comes before the Court on a "Motion for New Trial Under Rule 50" filed by Plaintiff Andrea Crawford. Having reviewed the briefs filed in support of and in opposition to the motion, the Court denies the motion for the following reasons. This case involves claims brought under 42 U.S.C. 1983 concerning the death of Monty Crawford while in custody at the...
OPINION ON MOTION TO DISMISS [ECF 56] J. NICHOLAS RANJAN , District Judge . NVR builds and sells homes. When it does so, it does not prepare the land. It contracts with developers, who are responsible for getting the land ready for NVR. Under this arrangement, in 2004, land developers developed and sold NVR certain lots in western Pennsylvania. NVR then built homes on those lots and sold them to homebuyers. Then several landslides happened, causing massive damage to many of those homes....
OPINION ROBERT J. COLVILLE , District Judge . Before the Court is Defendants' Motion for Modification (ECF No. 165). Upon consideration of Defendants' Motion, the parties' briefing with respect to this Motion (ECF Nos. 166, 169, 171), and for the reasons set forth below, the Court shall grant Defendants' Motion. Defendants request modification of the Court's Memorandum Order (ECF No. 47) 1 dated October 5, 2018. This Order granted preliminary injunctive relief against Defendants,...
Order KIM R. GIBSON , District Judge . The defendant's motion to dismiss, ECF no. 4, was referred to Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C. 636, and Local Civil Rule 72. The Magistrate Judge filed a Report and Recommendation on February 21, 2020, ECF no. 10, recommending that the motion be granted and the complaint be dismissed for failure to state a claim or dismissed sua sponte as barred by claim preclusion. The parties...
Memorandum Order KIM R. GIBSON , District Judge . Plaintiff's post-judgment motions were referred to Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C. 636, and Local Civil Rule 72. The Magistrate Judge filed a Report and Recommendation on February 27, 2019, ECF no. 125, recommending that the motions for rehearing en banc at ECF no. 122 and ECF no. 123 and the Motion for 60(B)(3) Relief at ECF no. 124, be denied. The parties were...
Report and Recommendation KEITH A. PESTO , Magistrate Judge . Recommendation Plaintiff's Requests/Applications for Rehearing En Banc, ECF nos. 122 and 123, and Plaintiff's Motion for 60(b)(3) Relief, ECF no. 124, should be denied. Report On August 28, 2019, this Court dismissed plaintiff's complaint with prejudice except as to a claim against Lieutenant Bearjar, which was dismissed under Fed.R.Civ.P. 20 without prejudice to plaintiff bringing the claim in another suit. ECF no. 115....
MEMORANDUM ORDER Re: ECF Nos. 426 and 427 MAUREEN P. KELLY , Magistrate Judge . Presently before the Court is the Petition for Fees and Costs filed by Defendant Tiversa Holding Corp. ("Tiversa"). ECF No. 426. In the Petition for Fees and Costs, Tiversa seeks the award of $23,338.00 in attorneys' fees from LabMD, Inc. ("LabMD") and $4,737.75 in costs from Attorney James Hawkins ("Attorney Hawkins") based on the Memorandum Opinion of this Court, ECF No. 413, granting Tiversa's Motion for...
