MEMORANDUM THOMAS N. O'NEILL, Jr. , District Judge . Now before me is another motion in this long-running antitrust litigation arising out of plaintiffs' claims that defendants engaged in a conspiracy to control the supply of and set artificially-inflated distribution prices for fresh agaricus mushrooms. 1 Defendant M.D. Basciani & Sons, Inc., joined by certain other defendants, 2 moves for summary judgment with respect to plaintiffs' claims under Sections 1 and 2 of the Sherman Act,...
MEMORANDUM EDUARDO C. ROBRENO , District Judge . This case was transferred in August 2011 from the United State District Court for the Northern District of Ohio to the United States District Court for the Eastern District of Pennsylvania, where it became part of the consolidated asbestos products liability multidistrict litigation (MDL 875). The case was assigned to the Court's maritime docket ("MARDOC"). Willard E. Bartel and David E. Peebles ("Plaintiffs"), Administrators of the Estate...
REPORT AND RECOMMENDATION ELIZABETH T. HEY , Magistrate Judge . This is a pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254, by Michael McLaughlin, who is currently on probation in relation to his 2007 conviction for stalking. 2 For the reasons that follow, I recommend that the petition be stayed pending the state courts' consideration of Petitioner's pending post-conviction petition. I. FACTS AND PROCEDURAL HISTORY 3 On September 4, 2007, a jury...
FINAL APPROVAL ORDER NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, this 9 th day of December 2016, upon consideration of the unopposed motion for final approval of settlement agreement and for approval of attorneys' fees and costs filed by Plaintiffs Maria Devlin and Julie Thumm ("Plaintiffs") pursuant to 29 U.S.C. 216(b) and Federal Rule of Civil Procedure ("Rule") 23, [ECF 44], which seeks the approval of the settlement agreement ("Settlement Agreement") between...
ORDER JAN E. DuBOIS , District Judge . AND NOW , this 29th day of December, 2016, upon consideration of Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus filed by pro se petitioner, Khalif Alston, the record in this case, the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated August 16, 2016, and pro se petitioner's Written Objections in Responce [sic] to Report and Recommendation Filed by Henry S. Perkin, M.J., IT IS ORDERED as follows: 1....
ORDER JAN E. DuBOIS , District Judge . AND NOW , this 29th day of December, 2016, upon consideration of plaintiff QVC, Inc.'s Post-Remand Proposed Findings of Fact and Conclusions of Law (Doc. No. 70, filed July 22, 2016) and defendants OurHouseWorks, LLC and EnvirOx, LLC's Post-Remand Proposed Findings of Fact and Conclusions of Law (Doc. No. 71, filed August 12, 2016), based on the Findings of Fact and Conclusions of Law in the accompanying Memorandum dated December 29, 2016, IT IS...
MEMORANDUM JAN E. DuBOIS , District Judge . I. INTRODUCTION This case arises out of a breach-of-contract dispute between plaintiff QVC, Inc. ("QVC") and defendant OurHouseWorks, LLC ("OurHouse"). QVC attempts to pierce OurHouse's corporate veil and hold EnvirOx, LLC ("EnvirOx"), OurHouse's parent company, responsible for the resulting damages. After a non-jury trial, the trial judge determined that EnvirOx and OurHouse operated as one company, but did not reach the issue of whether...
ORDER NITZA I. QUINONES-ALEJANDRO , District Judge . AND NOW this 7 th day of December 2016, upon consideration of the Government's Motion to Dismiss Indictment as to Devon Grant, and having been advised that Devon Grant has no objection to the Motion, it is hereby ORDERED that the Indictment is DISMISSED without prejudice as to Defendant Devon Grant.
MEMORANDUM HENRY S. PERKIN , Magistrate Judge . This matter is before the Court on Defendant, Weis Markets, Inc.'s Motion for Sanctions Directed to Plaintiffs. A Hearing on Defendant's motion for sanctions was held before the Court on December 13, 2016. Following the Hearing, a Supplemental Memorandum of Law in Support of Motion for Sanctions was filed by Defendant on December 16, 2016, and a Second Supplemental Memorandum of Law was filed by Defendant on December 20, 2016. Having...
MEMORANDUM OPINION JEFFREY L. SCHMEHL , District Judge . Plaintiff brought this action, claiming he was placed on surplus status by his former employer, defendant AT&T Services, Inc., because of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621-629 and the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. Cons. Stat. Ann. 951. After the Court denied the defendant's motion for summary judgment, the case was tried to the Court sitting with a jury....
ORDER R. BARCLAY SURRICK , District Judge . AND NOW , this 28 th day of December , 2016, upon consideration of Plaintiff's Motion for Joinder pursuant to Rule 19 (ECF No. 14) and Plaintiff's Motion to Amend to add a claim of negligent entrustment (ECF No. 15) and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion for Joinder pursuant to Rule 19 is DENIED and the Motion to Amend to add a claim of negligent entrustment is GRANTED . IT...
MEMORANDUM R. BARCLAY SURRICK , District Judge . Presently before the Court are Plaintiff's Motion for Joinder pursuant to Federal Rule of Civil Procedure 19(a) and Plaintiff's Motion for Leave to File an Amended Complaint. For the following reasons, the Motion for Joinder is denied, and the Motion to Amend is granted. I. BACKGROUND This case arises out of a highway collision between Defendant's vehicle and Plaintiff Julio Orengo. On May 29, 2016, at 1:04 a.m., Plaintiff alleges that he...
ORDER EDUARDO C. ROBRENO , District Judge . AND NOW, this 29th day of December, 2016, upon review of Defendants' Motion to Dismiss and the Government's response thereto, 1 it is hereby ORDERED that the Motion to Dismiss (ECF No. 65) is DENIED. 2 AND IT IS SO ORDERED. FootNotes 1. Because counsel simply "incorporate[d] by reference" what other lawyers filed in another case, oral argument would not be helpful in this case. 2. Before the Court is Defendants Hallinan and...
MEMORANDUM OPINION MITCHELL S. GOLDBERG , District Judge . Plaintiffs, six limited partnerships and two individuals involved in those partnerships, have sued a bank and two of its employees alleging violations of the Racketeer Influence and Corrupt Organizations Act ("RICO"), 18 U.S.C 1961, et seq. in connection with a series of substantial commercial loans and subsequent transactions. Plaintiffs assert that these Defendants used falsified collateral documentation and the money...
ORDER RICHARD A. LLORET , Magistrate Judge . The parties' have filed motions for reconsideration of this Court's Memorandum and Order dated September 30, 2016, deciding the parties motions for summary judgment. See Doc. Nos. 599 (Stonehenge Parties), 602 (Fenkell Parties), and 603 (Sefcovic Parties). The Alliance Parties moved for Clarification of the September 30, 2016 Order (Doc. No. 601). The Alliance Parties also moved to strike certain portions of the Fenkell and Sefcovic Parties'...
MEMORANDUM RICHARD A. LLORET , Magistrate Judge . The parties seek reconsideration of this Court's ruling on their respective motions for summary judgment. This memorandum rules on them all. In Part II of this Memorandum, I will address the Stonehenge parties' motion for reconsideration. In Part III, I will address the Sefcovic parties' motion for reconsideration. In Part IV, I will address the Fenkell parties' motion for reconsideration. In Part V, I will address the Alliance parties'...
ORDER RICHARD A. LLORET , Magistrate Judge . The defendants, Stonehenge Financial Holdings, Inc., John P. Witten, Barry Gowdy, and Ronald D. Brooks (the "Stonehenge Parties") filed a motion in limine to preclude the testimony of plaintiff's fact witness, John Roberts. Doc. No. 629 (motion) 629-1 (memorandum in support). For the reasons described in the Memorandum filed with this Order, it is on this 29th day of December, 2016, ORDERED As follows, 1. That the Alliance Parties shall...
MEMORANDUM RICHARD A. LLORET , Magistrate Judge . The Stonehenge parties have moved to exclude the testimony of John Roberts, a CPA who participated in the internal investigation of Fenkell after Fenkell left Alliance in 2011. Doc. No. 629 (motion) 629-1 (memorandum in support). The Alliance parties propose to have Roberts "testify about the extensive process and procedure he undertook to uncover [Fenkell's] scheme, not to the facts he found." Doc. No. 650, at 2 (emphasis in the...
AMENDED MEMORANDUM OPINION JEFFREY L. SCHMEHL , District Judge . Plaintiff brought this action, claiming he was placed on surplus status by his former employer, defendant AT&T Services, Inc., because of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621-629 and the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. Cons. Stat. Ann. 951. After the Court denied the defendant's motion for summary judgment, the case was tried to the Court sitting with...
AMENDED MEMORANDUM OPINION JEFFREY L. SCHMEHL , District Judge . Plaintiff brought this action, claiming he was placed on surplus status by his former employer, defendant AT&T Services, Inc., because of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621-629 and the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. Cons. Stat. Ann. 951. After the Court denied the defendant's motion for summary judgment, the case was tried to the Court sitting with...
