FINDINGS OF FACT AND CONCLUSIONS OF LAW CONTI, Chief Judge. Pending before the court is the Second Motion for Preliminary Injunction (ECF No. 105), and brief in support and reply brief, (ECF No. 106 and 111), filed by plaintiff Geneva College ("Geneva"), and the response in opposition, (ECF No. 107), filed by defendants Kathleen Sebelius, Hilda Solis, Timothy Geithner, the United States Department of Health and Human Services ("HHS"), the United States Department of Labor, and the United...
MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. INTRODUCTION Plaintiff Wonderland Nursery Goods Co. ("Wonderland") brings this action against Defendant Thorley Industries, LLC d/b/a 4MOMS ("Thorley") for the alleged infringement of U.S. Patent No. 8,047,609 (the "`609 Patent") (filed Dec. 3, 2010), (Docket No. 1-2 at 2). The '609 Patent is entitled "Infant Rocking Chair and Driving Device for Driving the Same." Id., (Docket No. 1-2 at 2). Presently pending before the Court are...
MEMORANDUM AND ORDER OF COURT KIM R. GIBSON, District Judge. I. INTRODUCTION Presently before the Court is (1) an emergency motion for appointment of a receiver (ECF No. 3), filed by Plaintiff Manufacturers and Traders Trust Company ("M & T Bank"), and (2) Defendants' motions in response to Plaintiffs complaint (ECF No. 8), filed by Minuteman Spill Response, Inc., B3 Management, L.P., BPK Holdings, LLC, Everest Aviation, LLC, BPK Captive, Inc., Double B Realty, and Minuteman Towing, Inc. (...
OPINION MARK R. HORNAK, District Judge. Plaintiff Chandrakant R. Patel ("Dr. Patel"), a retired part-time physician at the VA Pittsburgh Healthcare System, brings suit against Defendant Eric K. Shinseki in his official capacity as Secretary for the Department of Veterans Affairs, alleging age discrimination after Dr. Patel was allegedly terminated from his employment in retaliation for voicing complaints of discrimination, in violation of the Age Discrimination in Employment Act of 1967, 29...
OPINION MARK R. HORNAK, District Judge. Plaintiffs Karen Rowland ("Ms. Rowland"), George Machen ("Mr. Machen"), Stacy Machen ("Mrs. Machen"), and Michelle Pratt Orr ("Ms. Orr") bring strict liability and negligence claims against the Defendant, Novartis Pharmaceuticals Corporation ("NPC"), alleging that they or their spouse developed a painful and permanently disfiguring condition as a result of using Defendant's prescription medication for the purpose of managing metastatic bone cancer....
MEMORANDUM OPINION RE: PLAINTIFFS' MOTIONS FOR EXPEDITED PRELIMINARY INJUNCTION (13-CV-1459: DOC. NO. 4; 13-CV-0303E: DOC. NO. 6) ARTHUR J. SCHWAB, District Judge. I. Introduction Presently before the Court are two cases which challenge the application of provisions of the Patient Protection and Affordable Care Act ("ACA"). These cases present the Court with the issue of whether the Dioceses of Pittsburgh and Erie, which are exempt from provisions of the ACA requiring employers to provide...
MEMORANDUM OPINION TERRENCE F. McVERRY, Senior District Judge. Before the Court for disposition are the Plaintiff's MOTION FOR SUMMARY JUDGMENT ( ECF No. 29 ), the Plaintiff's Concise Statement of Material Facts ( ECF No. 30 ), the Plaintiff's Exhibits in Support of Motion for Summary Judgment ( ECF Nos. [30-1]-[30-12] ), the Plaintiff's Brief in Support of Motion for Summary Judgment ( ECF No. 31 ), the Defendants' MOTION FOR SUMMARY JUDGMENT ( ECF No. 32 ), the Defendants' Brief in Support...
OPINION MARK R. HORNAK, District Judge. Angelica Davila ("Ms. Davila") filed this suit alleging the violation of her rights under the Fourth and Fourteenth Amendments to the United States Constitution, actionable via 42 U.S.C. 1983 and the authority of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). She alleges that the Northern Regional Joint Police Board, two Northern Regional Joint Police Board officers, a...
MEMORANDUM OPINION ROBERT C. MITCHELL, United States Magistrate Judge. I. INTRODUCTION Before the court are the parties' motions in limine in the instant breach of contract case. 1 As the motions are fully briefed and a hearing on the motions was held on October 1, 2013, the matters are ripe for disposition. II. BACKGROUND This case concerns an allegedly defective roof coating system (specifically an elastomeric acrylic coating manufactured by Lapolla, Inc.) installed by...
MEMORANDUM OPINION ARTHUR J. SCHWAB, District Judge. In its simplest form, this breach of contract case and declaratory judgment action was brought by Plaintiff, Bancroft Life & Casualty, ICC, Ltd. ("Bancroft"), against two individual Defendants, Drs. Lo and Yu. Bancroft seeks damages for the breach and declarations that the individual Defendants defaulted on personal Guarantee Agreements related to loans which Bancroft made to SJYEL Ventures, LP ("SJYEL Ventures"), a corporate entity which...
OPINION DIAMOND, Senior District Judge. On March 12, 2013, a grand jury returned a three-count indictment against Tremaine Epps ("defendant") charging him at each count with distribution and possession with intent to distribute less than 28 grams of crack cocaine, all in violation of 21 U.S.C. 841(a)(1) and (b)(1)(C). Presently before the court are the following pretrial motions filed by defendant: (1) motion for early disclosure of Jencks material (Document No. 22); (2) motion to compel...
MEMORANDUM OPINION CONTI, Chief Judge. Pending before the court are two appeals from the February 29, 2012, order issued by the United States Bankruptcy Court for the Western District of Pennsylvania in adversary proceeding No. 10-2338. Bohm v. Titus (In re Titus), 467 B.R. 592 (Bankr.W.D.Pa.2012). In the memorandum opinion accompanying the order, the bankruptcy court found Paul Titus and his wife, Bonnie Titus (collectively, the "Tituses"), liable for $281,006.18 of constructively...
OPINION CONTI, Chief Judge. I. Introduction Pending before the court is a motion for summary judgment (ECF No. 57) filed by defendant and counterclaim plaintiff The University of Pittsburgh ("University") and a partial motion for summary judgment (ECF No. 60) filed by plaintiff and counterclaim defendant Michael Haywood ("Haywood"). Haywood initiated this diversity action on September 19, 2011, by filing a three-count complaint alleging: (1) a Pennsylvania state common law claim for...
MEMORANDUM OPINION AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter is before the Court on the parties' cross-motions for summary judgment, filed pursuant to Federal Rule of Civil Procedure 56. For the reasons that follow, Plaintiffs' Motion for Summary Judgment (Doc. No. 57) is DENIED, Defendant CSX Transportation, Inc.'s Motion for Summary Judgment (Doc. No. 62) is GRANTED, Defendant Brotherhood of Locomotive Engineers and Trainmen's Motion for Summary Judgment (Doc....
MEMORANDUM ORDER KIM R. GIBSON, District Judge. This matter was referred to Magistrate Judge Keith A. Pesto for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. 636, and Local Civil Rule 72 for Magistrate Judges. The Magistrate Judge filed a Report and Recommendation on July 10, 2013, docket no. 23, recommending that the remaining defendants' motion to dismiss, docket no. 19, be denied. The Magistrate Judge had, after screening under 28 U.S.C. 1915A, previously...
MEMORANDUM ORDER KIM R. GIBSON, District Judge. This matter was referred to Magistrate Judge Keith A. Pesto for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. 636, and Local Civil Rule 72 for Magistrate Judges. The Magistrate Judge filed a Report and Recommendation on July 3, 2013, docket no. 87, recommending that plaintiff's motion for summary judgment, docket no. 68, be denied and that the motions for summary judgment of the medical defendants, docket no. 72, and...
MEMORANDUM AND ORDER ROBERT C. MITCHELL, Magistrate Judge. Plaintiffs, Patricia Hall and Walter McCombs, bring this action alleging that Defendant, Guardsmark, LLC, violated the Fair Labor Standards Act, 29 U.S.C. 201-19 (FLSA), by requiring them to work as security guards for more than 40 hours per week without compensating them for such additional time. They allege that they were required to record only their official shift times, rather than time actually worked; that they were...
MEMORANDUM ORDER KIM R. GIBSON, District Judge. The movant's motion to vacate, docket no. 142, was referred to Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C. 636(b) (3), and Local Rule 72 for Magistrate Judges. The Magistrate Judge filed a Report and Recommendation on August 1, 2013, docket no. 144, recommending that the motion to vacate be denied and that a certificate of appealability be denied because, inter alia, the motion to vacate...
MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. INTRODUCTION Plaintiff Samuel, Son & Co., Inc., d/b/a Frontier Steel Company ("Frontier" or "Plaintiff") initiated this civil action against Defendants Erik Beach ("Beach"), Esmark-Excalibur LLC ("Esmark-Excalibur"), and Eric A. Hoover ("Hoover") (collectively, "Defendants") seeking injunctive relief and damages arising from the alleged misappropriation and misuse of confidential business information and trade secrets. In its...
MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Presently pending before the Court is Defendant's Motion to Dismiss and, Alternatively, for a More Specific Pleading (Docket No. 11). For the reasons that follow, the Court will grant Defendant's motion with respect to Plaintiff's first amended complaint (Docket No. 10) and will grant Plaintiff leave to further amend his complaint. I. PROCEDURAL BACKGROUND Plaintiff Markus Hollingsworth has filed the instant civil action, pro se,...
