MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FREDERICK P. STAMP, Jr., District Judge. I. Procedural History On March 24, 2009, Jane Doe filed a complaint against Orion Development RA XXX, LLC and Orion Development Company (cumulatively "Orion") in the Court of Common Pleas of Lawrence County, Pennsylvania ("underlying lawsuit"). 1 The underlying lawsuit alleges that from October 31, 2004 to April 30,...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. The above-styled civil action was instituted on March 19, 2007, when the petitioner, Donald Raymond Barbe, who was, at that time 1 , proceeding pro se, filed a Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus. This civil action was referred to United States Magistrate Judge James E. Seibert for initial review and report and recommendation, pursuant to Rule 83.13 of the Local Rules of Prisoner...
MEMORANDUM OPINION AND ORDER JOHN PRESTON BAILEY, District Judge. Currently pending before the Court are Defendants Bank of America, N.A.'s and BAC Home Loans Servicing, LP's Motion to Dismiss Plaintiffs' First Amended Complaint or Alternatively Motion for Summary Judgment [Doc. 14], filed June 4, 2010; and Plaintiffs' Motion to Strike Defendants' Reply Memorandum or, in the Alternative, for Leave to Submit a Surreply [Doc. 22], filed July 7, 2010. The plaintiffs responded to the...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS LIFE INSURANCE COMPANY OF NORTH AMERICA AND CIGNA CORPORATION'S MOTION TO DISMISS GRANTING DEFENDANT LIFE INSURANCE COMPANY OF NORTH AMERICA'S MOTION FOR SUMMARY JUDGMENT; GRANTING DEFENDANT CIGNA CORPORATION'S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANTS LIFE INSURANCE COMPANY OF NORTH AMERICA AND CIGNA CORPORATION'S REQUEST FOR ATTORNEYS' FEES AND COSTS; GRANTING DEFENDANT LIFE INSURANCE COMPANY OF NORTH AMERICA'S MOTION FOR LEAVE TO FILE...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO REMAND [DKT. NO. 16] AND DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS [DKT. NO. 14] IRENE M. KEELEY, District Judge. I. INTRODUCTION The plaintiff, Ryan Environmental, Inc. ("Ryan Environmental"), filed a motion to remand on March 11, 2010 (dkt. no. 16). Following full briefing, the parties argued the motion at a hearing on May 14, 2010. After due consideration of the parties' arguments, the Court orally GRANTED Ryan...
MEMORANDUM OPINION AND ORDER JOHN S. KAULL, United States Magistrate Judge. This matter is pending before the Court for decision of Defendant/Third Party Plaintiffs' Motion For Summary Judgment, hereinafter referred to as "Woodward", [DE 82] and Third Party Defendants Samuel Oliverio and Cheryl Jean Oliverio's Motion For Summary Judgment, hereinafter referred to as "Oliverios", [DE 83], these cross motions for summary judgment being filed on the same date: January 8, 2010; G & S Tobacco...