ORDER R. BARCLAY SURRICK , District Judge . AND NOW, this 20 th day of December , 2017, upon consideration of Plaintiff's Motion to Compel Defendant to Identify Its Trial and Declaration Witnesses and Bar Defendant From Relying Upon Any Document Produced After the Discovery Deadline (ECF No. 13), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that the Motion is DENIED. IT IS SO ORDERED.
MEMORANDUM R. BARCLAY SURRICK , District Judge . Presently before the Court is Plaintiff's Motion to Compel Defendant to Identify Its Trial and Declaration Witnesses and Bar Defendant From Relying Upon Any Document Produced After the Discovery Deadline. (ECF No. 13.) For the following reasons, Plaintiff's Motion will be denied. I. BACKGROUND Plaintiff Ellen M. (Mindy) Solotar filed a Complaint against her former employer, Defendant Northland Hearing Centers, Inc., trading as All...
ORDER JEFFREY L. SCHMEHL , District Judge . AND NOW , this 29th day of December, 2017, upon review of Defendant's Motion for Summary Judgment, Plaintiff's Cross-Motion for Summary Judgment, and all responses and replies, and after oral argument, it is hereby ORDERED as follows: 1. Defendant's Motion for Summary Judgment is GRANTED ; 2. Plaintiff's Cross-Motion for Summary Judgment is DENIED ; 3. Judgment is entered in favor of Defendant; and 4. The Clerk of Court shall close this...
MEMORANDUM OPINION JEFFREY L. SCHMEHL , District Judge . I. INTRODUCTION Plaintiff, Just Born, Inc. ("Plaintiff" or "Just Born"), brings this suit against Defendant, Local Union No. 6, Bakery, Confectionery, Tobacco Workers and Grain Millers International Union of America ("Defendant" or "Union") for damages and declaratory relief under Section 301 of the Labor Management Relations Act for the Union's alleged breach of its collective bargaining agreement ("CBA") entered into with...
MEMORANDUM JAN E. DuBOIS , District Judge . I. INTRODUCTION Defendant is charged in an Indictment with one count of threatening a federal law enforcement officer with the intent to impede, intimidate, and interfere with the officer while he was engaged in the performance of his official duties, and with the intent to retaliate against the officer on account of the performance of his official duties, in violation of 18 U.S.C. 115(a)(1)(B) (Count One), and one count of making a false,...
ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 29th day of December, 2017, upon consideration of the Report and Recommendation filed by United States Magistrate Judge Timothy J. Rice, (ECF No. 13), and Carlton Bennett's objections thereto, (ECF No. 19), it is hereby ORDERED that: 1. Bennett's objections are OVERRULED and Magistrate Judge Rice's Report and Recommendation is APPROVED and ADOPTED ; 2. Bennett's Petition for a Writ of Habeas Corpus is DENIED and...
MEMORANDUM GERALD J. PAPPERT , District Judge . On July 5, 2016, Carlton Bennett filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On February 1, 2017, Magistrate Judge Rice issued a Report and Recommendation ("R&R") recommending that the petition be denied. (ECF No. 13.) Bennett filed objections to the R&R on April 20, 2017. 1 (ECF No. 19.) After thoroughly reviewing the record, Magistrate Judge Rice's R&R and Bennett's objections, the Court overrules those...
MEMORANDUM GERALD J. PAPPERT , District Judge . Plaintiff Eridalia Adorno, pursuant to 42 U.S.C. 1383(c)(3) 2 , seeks judicial review of a decision by the Commissioner of Social Security denying her claim for Supplemental Social Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 401, et seq. The Administrative Law Judge's decision was upheld by the Appeals Council and Magistrate Judge Perkin subsequently recommended that Adorno's request for review be...
ORDER PAUL S. DIAMOND , District Judge . AND NOW , this 29th day of December, 2017, upon consideration of the Petition for Habeas Relief under 28 U.S.C. 2254 (Doc. No. 1), Petitioner's amendment and memorandum in support of his Petition (Doc. Nos. 10, 25), the Commonwealth's Response in Opposition (Doc. No. 28), Petitioner's statement and traverse (Doc. Nos. 39, 40), Judge Lloret's Report and Recommendation (Doc. No. 41), Petitioner's Objections (Doc. No. 44), all other related...
ORDER JEFFREY L. SCHMEHL , District Judge . AND NOW , this 27 th day of December, 2017, upon consideration of Plaintiffs' Motion for Leave to Amend Complaint (Docket No. 35), and all supporting and opposing papers, and for the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that Plaintiffs' motion is DENIED .
MEMORANDUM JEFFREY L. SCHMEHL , District Judge . Frank and Christie Adams ("Plaintiffs") moves for leave to amend their Complaint, alleging two additional claims: 1) negligence; and 2) negligent infliction of emotional distress ("NIED"). Defendants Wells Fargo Bank ("Wells Fargo") and Phelan, Hallinan, Diamond & Jones, LLP ("Phelan") opposes Plaintiffs' motion to amend because: 1) Wells Fargo does not owe a duty to Plaintiffs; and 2) the gist of the action doctrine precludes pleading tort...
ORDER PAUL S. DIAMOND , District Judge . AND NOW , this 27th day of December, 2017, upon consideration of Petitioner's pro se Amended Petition for Writ of Habeas Corpus (Doc. No. 14), Traverse (Doc. No. 20), Objections to the Report and Recommendation (Doc. No. 26), and Reply to Respondents' Response to Petitioner's Objections (Doc. No. 30), Respondents' Response to Petition for Writ of Habeas Corpus (Doc. No. 19) and Response to Petitioner's Objections (Doc. No. 29), and Magistrate...
ORDER MARK A. KEARNEY , District Judge . AND NOW, this 27 th day of December 2017, upon considering Defendants' Motion for summary judgment (ECF Doc. No. 23), Plaintiff's Response (ECF Doc. No. 24) Defendants' Reply (ECF Doc. No. 31) and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 23) is GRANTED in part and DENIED in part: 1. We grant summary judgment dismissing Plaintiff's gender discrimination and hostile work environment claims...
ORDER MARK A. KEARNEY , District Judge . AND NOW, this 27 th day of December 2017, upon considering Defendant's Motion for summary judgment (ECF Doc. No. 19), Plaintiff's Response (ECF Doc. No. 28) and for reasons in the accompanying Memorandum, it is ORDERED Defendant's Motion (ECF Doc. No. 19) is GRANTED in part and DENIED in part : 1. We GRANT summary judgment on Ms. El's ADA discrimination claim as lacking genuine issues of material fact; and, 2. We DENY Defendant's...
MEMORANDUM MARK A. KEARNEY , District Judge . Federal law protects an employee from gender and disability discrimination in the workplace and prohibits the employer from firing an employee because she complained about perceived gender discrimination. But federal law does not guarantee a workplace code of civility and a female employee subject to criticism of her job performance unrelated to her gender or disability cannot automatically transform feelings of disrespect — even when...
MEMORANDUM MARK A. KEARNEY , District Judge . We expect supervisors treat the company employees with the same disciplined respect regardless of their race, gender or disability. If discovery confirms disputes of material facts, we require our juries evaluate whether the challenged workplace conduct fails to meet these standards. We today review competing fact records arising from an African American woman store manager's claim her white supervisor discriminated and retaliated against her...
CLASS ACTION ORDER NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, this 19 th day of December 2017, upon consideration of Plaintiffs' unopposed motion for approval of Defendant's payment of attorney's fees, reimbursed litigation expenses, and class representatives' incentive awards, [ECF 72], the supporting memorandum of law, [ECF 73], the declarations submitted by Class Counsel, [ECF 74-77], and the Stipulation of Settlement ("Settlement Agreement"), [ECF 47], between...
CLASS ACTION FINAL APPROVAL ORDER AND JUDGMENT NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, the 20 th day of December 2017, upon consideration of Plaintiffs Daniel J. Harshbarger and Edith M. Harshbarger's ("Plaintiffs") Motion for Final Approval of Proposed Class Settlement and for Final Certification of the Proposed Settlement Class and Appointment of Class Counsel (the "Motion for Final Approval"), [ECF 70], the supporting memorandum of law, [ECF 71], the exhibits and...
ORDER NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, this 13 th day of December 2017, upon consideration of the motion to dismiss Plaintiffs' complaint for lack of personal jurisdiction and forum non conveniens filed by Defendants Marriott International, Inc., and JW Marriott Los Cabos Beach Resort & Spa 1 ("Defendants"), [ECF 4], the response in opposition thereto filed by Plaintiffs Venice DeGregoria and Nicholas DeGregorio ("Plaintiffs"), [ECF 5], Defendants' reply, [ECF...
ORDER RE: MOTION TO STRIKE & MOTION TO DISMISS MICHAEL M. BAYLSON , District Judge . AND NOW , this 22nd day of December 2017, for the reasons stated in the accompanying memorandum, it is hereby ORDERED that Defendants Motion (ECF 13) is GRANTED IN PART AND DENIED IN PART as follows: • The Motion to Strike is DENIED. • The Motion to Dismiss is GRANTED WITHOUT PREJUDICE. Plaintiffs are granted leave to file an amended complaint within 14 days.
