MEMORANDUM AND ORDER GARY L. LANCASTER, Chief Judge. This is an action for wrongful death and loss of consortium. Plaintiff, Phyllis Killmeyer, alleges on behalf of herself, and as executrix of the estate of her husband, decedent Harry Killmeyer, that products manufactured, supplied, and/or distributed by defendants Beazer East, Inc. ("Beazer") and Ferro Engineering, a Division of ON Marine Services Company ("Ferro"), among others, caused the death of decedent. She seeks in excess of $25,000...
MEMORANDUM AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on Defendant International Business Machine Corporation's Motion to Dismiss the Third Amended Complaint (the "Motion to Dismiss") (Doc. No. 62), pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). Plaintiff opposes the Motion to Dismiss. Doc. No. 68. For the reasons that follow, the Motion to Dismiss is DENIED. II. BACKGROUND This case arises out of Plaintiffs lease of two (2)...
MEMORANDUM AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on a "Motion to Dismiss" (Doc. No. 45), filed by the Defendants, InfoPrint Solutions Company, LLC, ("InfoPrint"), International Business Machines Corporation ("IBM Corporation") and IBM Credit LLC ("IBM Credit") (collectively, "IBM"), (the "Motion to Dismiss"). The Plaintiff, North American Communications, Inc., opposes the Motion to Dismiss. Doc. Nos. 47 & 48. For the reasons that follow,...
MEMORANDUM OPINION AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on motions for summary judgment filed by the Defendants on June 1, 2010, and April 11, 2011. ECF Nos. 39, 40 & 84. For the reasons that follow, those motions will be granted. II. BACKGROUND Plaintiff Don Ralph Ickes ("Ickes") arrived at the Bedford County Courthouse at approximately 1:20 P.M. on February 13, 2008. ECF Nos. 43 & 49 at 1. He was carrying a tape recorder when he...
REPORT AND RECOMMENDATION LISA PUPO LENIHAN, Chief Magistrate Judge. I. RECOMMENDATION It is respectfully recommended that the Motion to Dismiss filed by Defendants at ECF No. 51 be granted, and that Plaintiffs' Amended Complaint at ECF No. 45 be dismissed with prejudice. II. REPORT A. The Amended Complaint Plaintiffs herein are Ambulance Association of Pennsylvania; City of Pittsburgh, Bureau of Emergency Medical Services; Monessen Ambulance Service, d/b/a/ Mon Valley Emergency...
MEMORANDUM OPINION DAVID STEWART CERCONE, District Judge. Luann Gillespie Shultz ("plaintiff") commenced this action pursuant to 42 U.S.C. 1983 seeking redress for the alleged deprivation of her deceased daughter's constitutional rights. Compl. at 1, 6. Plaintiff is the court-appointed administratrix of decedent Amy Gillespie's ("Gillespie") estate. Id. at 6. She brings this suit pursuant to the Pennsylvania Wrongful Death Act, 42 Pa.C.S. 8301, and the Survival Act, 42 Pa.C.S....
MEMORANDUM OPINION WILLIAM L. STANDISH, District Judge. Pending before the Court are two motions by the Cecil Township Municipal Authority ("the Authority"), seeking to dismiss with prejudice certain counterclaims brought by North American Specialty Insurance Company 1 ("North American") (Doc. No. 7) and by Third Party Defendants Edward T. Sitarik Contracting, Inc., Bella Enterprises, Inc., Edward T. Sitarik, and Karrie A. Sitarik (Doc. No. 15.) For the reasons discussed below, both Motions...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. I. Introduction Before the Court for disposition are the Plaintiff's MOTION FOR SUMMARY JUDGMENT ( ECF No. 55 ), along with her supporting brief, supplement and exhibits ( ECF Nos. 56-58 ), the Defendants' MOTION FOR SUMMARY JUDGMENT ( ECF No. 59 ), along with their supporting brief and exhibits ( ECF No. 60 ), and the responsive filings presented by the parties ( ECF Nos. 61-69 ). For the reasons that follow, the...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Pending before the Court is PLAINTIFF'S MOTION FOR APPROVAL OF ATTORNEY FEES AND IN THE ALTERNATIVE TO AWARD ANY APPROVED FEE AGAINST THE U.S. GOVERNMENT PURSUANT TO 28 U.S.C. 2412 (EAJA) (Document No. 12). In support of the motion, Richard Urick, counsel for Plaintiff Joyce Ann Howell, has submitted the Fee Agreement with his client, an Itemization of Services Rendered, an Affidavit regarding his hourly billing...
MEMORANDUM OPINION AND ORDER OF COURT McVERRY, District Judge. Pending before the Court is DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. No. 44), filed with brief in support (Doc. No. 47). Defendant has also filed an appendix and a separate statement of material facts in support of its motion for summary judgment (Doc. Nos. 45 and 46) pursuant to Fed.R.Civ.P. 56 and Local Rule 56.1. Plaintiff filed a response in opposition and a brief in support of that response. Doc. Nos. 48 & 49. Plaintiff...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. On August 9, 2011, Defendant, David Curran, pled guilty to Counts 1, 2, 4, and 6 of a Superseding Indictment. 1 Sentencing is scheduled for December 9, 2011. On November 1, 2011, the Probation Office prepared a Presentence Investigation Report in which it used the 2008 Guidelines Manual, the manual in effect on the date of Defendant's offenses, to calculate the Defendant's advisory guideline sentencing range. The 2008...
MEMORANDUM OPINION ROBERT C. MITCHELL, United States Magistrate Judge. Plaintiff, ACE Capital Limited, a Corporate Capital Provider at Lloyd's, London, subscribing to Policy No. ME10147 ("ACE"), brings this action seeking a declaratory judgment that it owes no duty to provide a defense or indemnification with respect to two lawsuits that have been filed against the Defendants in federal courts in Ohio. The Defendants are Morgan Waldron Insurance Management, LLC ("MWIM"), Beverly Morgan,...
MEMORANDUM WILLIAM L. STANDISH, District Judge. I Before the Court are cross-motions for summary judgment under Fed.R.Civ.P. 56 filed by Plaintiff, Velocity International, Inc. ("Velocity"), and Defendant, Celerity Healthcare Solutions, Inc. ("Celerity"), in connection with claims asserted by Velocity in Civil Action Nos. 09-102 and 09-151. (Docket No. 73, No. 86). In addition, Velocity and Third-Party Defendant, Philip Elias ("Elias"), move for summary judgment with respect to the...
OPINION ARTHUR J. SCHWAB, District Judge. I. Introduction In June of 1985, Roland Steele was charged with murdering Lucille Horner, age 88, Minnie Warrick, age 86, and Sarah Kuntz, age 85. The following year, in the Court of Common Pleas of Washington County, a jury convicted him of three counts of first-degree murder, two counts of robbery, and two counts of theft by unlawful taking. Following a penalty hearing, the jury sentenced him to death on each murder conviction. Before this Court...
MEMORANDUM OPINION WILLIAM L. STANDISH, District Judge. I. INTRODUCTION Pending before the Court are cross-motions for summary judgment filed by Plaintiff Tracey Brenda Davis and Defendant Michael J. Astrue, Commissioner of Social Security. Plaintiff seeks review of final decisions by the Commissioner denying her claims for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401 et seq., and supplemental security income benefits ("SSI") under...
[ PROPSED ] ORDER MAKING FINAL DISTRIBUTION AND DIRECTING THE CLERK OF THE COURT TO CLOSE THE FILE IN THIS CASE BRUCE H. COZZI, District Judge. WHEREAS, this action was settled on a class basis by Stipulation of Settlement dated May 17, 1999 ("Stipulation") (attached hereto). The Settlement was approved pursuant to an Order and Final Judgment dated October 19, 1999. The class was defined as: all persons or entities who purchased shares of common stock of Westinghouse Electric Corporation ("...
MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. AND NOW, this 31st day of October, 2011, upon consideration of Plaintiff's Motion to Strike Affidavit of Howard E. Fitts and Motion for a Spoliation Inference as a Result of Travelers' Destruction of Relevant Underwriting Documents (Docket No. 36), Defendant the Travelers Indemnity Company's Response to Plaintiff's Motion to Strike Affidavit of Howard E. Fitts (Docket No. 45), Defendant the Travelers Indemnity Company's Response to...
MEMORANDUM ORDER DAVID STEWART CERCONE, District Judge. On January 26, 2011, this case was referred to United States Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. 636(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates. On June 17, 2011, the magistrate judge issued a Report (Doc. 44) recommending that Defendants Fayette County, Sara Rosiek, Vincent Vicites, and Vincent Zapotosky's Motion to Dismiss (Doc....
MEMORANDUM GARY L. LANCASTER, Chief Judge. This is an action in civil rights. Plaintiff, Cheryl Nykiel, individually and as Administratrix of the estate of Gregory T. Nykiel ("Nykiel"), alleges that defendants, Borough of Sharpsburg, Borough of Etna, and police officers, Officer Thomas Duffy, Officer Chad Mitchell, and Chief Leo Rudzki, violated Nykiel's constitutional rights. 1 Plaintiff has filed this suit under the Fourth and Fourteenth Amendments to the United States Constitution...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Pending before the Court are the following motions to dismiss: EME HOMER CITY GENERATION L.P.'S MOTION TO DISMISS (Doc. No. 85); DEFENDANTS HOMER CITY OWNER-LESSORS' MOTION TO DISMISS (Doc. No. 87); NEW YORK STATE ELECTRIC & GAS CORPORATION'S MOTION TO DISMISS (Doc. No. 88); and PENNSYLVANIA ELECTRIC COMPANY'S MOTION TO DISMISS (Doc. No. 91), each with a brief in support. Plaintiff United States of America and three...
