SUPPLEMENTAL REPORT AND RECOMMENDATION LISA PUPO LENIHAN , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that the Motion to Dismiss filed by Defendants Transamerica Premier Life Insurance Company, f/k/a Monumental Life Insurance Company ("Transamerica") (ECF No. 3) be denied. II. REPORT A. PROCEDURAL STATUS Presently before the court is a motion to dismiss Plaintiff's complaint filed by Defendant. The undersigned filed a Report and Recommendation recommending a...
REPORT AND RECOMMENDATION Re: ECF No. 32 MAUREEN P. KELLY , Magistrate Judge . I. RECOMMENDATION Presently before the Court is a Motion to Dismiss filed by Defendants Warden Harper (identified by Plaintiff as "ACJ CEO") and Michael Barfield (identified by Plaintiff as "Mental Health Director"). ECF No. 32. For the following reasons, it is respectfully recommended that the Motion to Dismiss be granted. II. REPORT A. FACTUAL AND PROCEDURAL BACKGROUND Proceeding pro se, Plaintiff filed...
ROBERT C. MITCHELL , Magistrate Judge . I. Recommendation It is respectfully recommended that the motion for summary judgment filed on behalf of the defendant (ECF No. 44) be granted. II. Report Plaintiff, Lashay Turner, brings this action against Defendant, McCarthy, Burgess & Wolff ("MBW"), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692-1692p (FDCPA). Specifically, she alleges that Defendant called her repeatedly and continuously on her cell phone...
ROBERT C. MITCHELL , Magistrate Judge . I. Recommendation It is respectfully recommended that the Motion to Dismiss Plaintiff's Complaint filed by Defendant, Bank of America, N.A. (ECF No. 6), be granted. II. Report Plaintiff, Bartley Lalonde, filed this action in the Magisterial District Court (Mag. Dist. No. MJD-50-3-06), Butler County, Pennsylvania. Plaintiff alleges four causes of action against Defendant, Bank of America, N.A., namely: defamation, negligent enablement of...
REPORT AND RECOMMENDATION Re: ECF No. 38 MAUREEN P. KELLY , Chief District Judge . I. RECOMMENDATION Plaintiff Melissa Hartman ("Plaintiff") filed this putative class action pursuant to the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692-1692p, alleging that Defendant Medicredit, Inc. ("Medicredit") violated the FDCPA by sending collection letters that exposed personal identifying information on envelopes placed in the mail. ECF No. 1 1-2. Before the Court is a Motion...
MEMORANDUM OPINION JOY FLOWERS CONTI , District Judge . On December 5, 2016, defendant Denise Bonfilio ("defendant" or "Bonfilio") filed a motion for an order directing preparation of a new pre-sentence investigation report. (ECF No. 286.) Defendant claims that because the Third Circuit Court of Appeals remanded her restitution order to clarify that her restitution obligations are joint and several with co-defendant Deborah Kitay ("Kitay"), she is entitled to a full sentencing hearing. (...
MEMORANDUM AND ORDER Cathy Bissoon , United States District Judge . I. MEMORANDUM For the reasons that follow, Defendant's Motion for Summary Judgment (Doc. 39) will be granted. Jerae Palmer ("Palmer" or "Plaintiff") brings this lawsuit against Federal Express Corporation ("FedEx" or "Defendant"), under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12112, et seq., the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e, as amended by the Civil Rights Act of 1991,...
MEMORANDUM ORDER NORA BARRY FISCHER , District Judge . Presently before the Court is Defendants' Motion to Dismiss Count IX for Lack of Jurisdiction and supporting brief, (Docket Nos. [30], [31]), and Plaintiff's response, (Docket No. [33]). After careful consideration of all of the parties' submissions, and for the following reasons, Defendants' Motion to Dismiss [30] is DENIED. In so holding, the Court notes that Defendants' Motion seeks to dismiss Count IX for lack of jurisdiction...
MEMORANDUM OPINION KIM R. GIBSON , UNITED STATES DISTRICT JUDGE . I. Introduction This case arises under the Employee Retirement Income Security Act of 1974 (ERISA) from the denial of disability benefits to Plaintiff Robert P. Boyles, Jr. ("Boyles") by American Heritage Life Insurance Co. ("AHL") and Unum Life Insurance Company of America ("Unum"). Pending before the Court are AMERICAN HERITAGE LIFE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT (ECF No. 60) and UNUM'S MOTION FOR...
MEMORANDUM AND ORDER CATHY BISSOON , District Judge . For the reasons stated more fully below, Plaintiff State Farm Fire and Casualty Company's Motion for Summary Judgment (Doc. 10) will be granted in part and denied as moot in part. 1 I. MEMORANDUM BACKGROUND State Farm Fire and Casualty Company ("Plaintiff" or "State Farm") seeks a declaration, pursuant to the Declaratory Judgment Act, 28. U.S.C. 2201, et. seq., that it has no duty to defend or indemnify Defendant A.S. for...
ORDER CATHY BISSOON , District Judge . Plaintiff Mark Hart filed a Motion for Reconsideration of this Court's December 8, 2016 Memorandum Order (Doc. 12). For the reasons stated herein, Plaintiff's Motion for Reconsideration will be DENIED. In essence, Plaintiff argues that the Court erred in its December 8, 2016 Memorandum Order when it dismissed his substantive due process claim against Defendants, finding that: "Plaintiff does not satisfy the `plus' prong of the [stigma-plus] test as...
MEMORANDUM OPINION AND ORDER ROBERT C. MITCHELL , Magistrate Judge . Plaintiff, PODS Enterprises, LLC ("PODS"), brings this action against Defendant, Almatis, Inc. (Almatis), alleging Pennsylvania common law claims of private nuisance, trespass and trespass to chattel. Plaintiff contends that bright white foreign particulates (dust) entered its storage facility from Defendant's neighboring storage facility and was deposited on its customers' storage containers, thereby causing damages to...
MEMORANDUM OPINION ECF Nos. 50, 53 LISA PUPO LENIHAN , Magistrate Judge . This is a civil rights action under 42 U.S.C. 1983 filed by Plaintiff, Michael K. Miller, regarding medical treatment he received while he was a pretrial detainee at the Beaver County Jail. Southern Health Partners is a private corporation that provides medical services to inmates at the jail. Beth Harris is the jail's medical services manager, Betty Wegner is a nurse at the jail, and Carol Steele-Smith is the...
I. Recommendation ROBERT C. MITCHELL , Magistrate Judge . It is respectfully recommended that the Motion to Transfer Venue Pursuant to 28 U.S.C. 1404 filed by defendant, United States Steel Corporation (ECF No. 8) be granted and that this action be transferred to the United States District Court for the Northern District of Ohio, Eastern Division, based on its relatedness to Civil Action No. 4:12-cv-1390 and Bankruptcy Case No. 4:16-bk-40675. II. Report Plaintiff, Allied Erecting...
OPINION Conti , Chief District Judge . I. Introduction Pending before the court is a motion to remand filed by plaintiffs Roy Boggs and Annette Boggs ("plaintiffs"). (ECF No. 5.) On June 28, 2016, Defendants Darwin Harris ("Harris") and Gateway Tours, Inc. ("Getaway Tours") (together "removing defendants") removed this case to this court based upon diversity of citizenship, after the only nondiverse defendant in the state action was voluntarily dismissed. (ECF No. 1.) Plaintiffs argue...
MEMORANDUM OPINION NORA BARRY FISCHER , District Judge . I. Introduction Pending before the Court in this matter is a Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Eddy Homes, Inc. (Docket No. 9). Having considered Plaintiff's First Amended Complaint, (Docket No. 6); Defendant's motion to dismiss and supporting briefing, (Docket Nos. 9, 10); Plaintiff's response in opposition, (Docket No. 13); Defendant's...
MEMORANDUM OPINION 1 CYNTHIA REED EDDY , Magistrate Judge . I. INTRODUCTION Presently before the Court is Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim [ECF No. 5]. For the reasons that follow the motion is granted in part and denied in part. II. BACKGROUND 2 Plaintiff, Thomas R. Michalow ("Plaintiff") brings the instant civil rights action against his former employer, defendant Northgate School District ("Northgate"...
MEMORANDUM AND ORDER CATHY BISSOON , District Judge . I. MEMORANDUM Pending before the Court is a motion ( Doc. 14 ) by Defendants Bill Berardino ("Berardino") and Ascent Automotive Group-TM, L.L.C. ("Ascent") 1 to dismiss the First Amended Complaint filed by Plaintiff Anthony P. Tisone ("Tisone"). For the reasons that follow, Defendants' motion will be GRANTED in part and DENIED in part. A. Factual and Procedural Background Tisone held a managerial position at Toyota of Greensburg, a...
OPINION DONETTA W. AMBROSE , Senior District Judge . Pending before the Court are Cross-Motions for Summary Judgment. (ECF Nos. 7 and 9). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 8 and 10). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am granting in part and denying in part Plaintiff's Motion for Summary Judgment (ECF No. 7) and denying Defendant's Motion for Summary Judgment. (ECF No. 9). I....
MEMORANDUM OPINION Re: ECF Nos. 42 and 45 JOY FLOWERS CONTI , Chief District Judge . I. Introduction Presently before the court are objections to the magistrate judge's Report and Recommendation (ECF No. 62) and a Reply to Defendant's Response (ECF No. 64) filed by plaintiff John Tauro ("plaintiff"). Plaintiff raises several objections to the Report and Recommendation filed by the magistrate judge on October 26, 2016. (ECF No. 61.) As set forth below, this court finds that plaintiff's...
