MOTION TO UNSEAL CHRISTOPHER C. CONNER , Chief District Judge . COMES NOW the United States of America, by and through its attorneys, David J. Freed, United States Attorney for the Middle District of Pennsylvania, and Daryl F. Bloom, Assistant United States Attorney, and moves the Court to unseal the previously sealed documents in this case because there no longer remains a reason to keep those documents under seal. ORDER It is so ORDERED.
ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 22nd DAY OF DECEMBER, 2017, upon consideration of Defendants' Motion to Enforce Settlement, (Docs. 31), IT IS HEREBY ORDERED THAT 1. The Motion is DENIED. 2. Within fourteen (14) days from the date of this Order, the parties shall submit a joint letter to the Court which proposes specific dates for all remaining pretrial discovery deadlines.
MEMORANDUM OPINION ROBERT D. MARIANI , District Judge . I. INTRODUCTION This matter involves claims asserted by Plaintiff, Dana Tamberelli, arising out of the termination of her employment with Alkermes, Inc., in 2015. (Doc. 21). On June 5, 2017, a purported settlement was reached through negotiations between one of Plaintiff's attorneys, David Deratzian, and one of Defendants' attorneys, Barbara Rigo. Plaintiff, however, denies ever authorizing Deratzian to accept the proposed...
ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 29th day of November, 2017, for the reasons set forth in the Court's memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. The motion (Doc. 94) to dismiss is GRANTED. 2. This action is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). 3. The Clerk of Court is directed to CLOSE this case. 4. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. 1915(a)(3).
MEMORANDUM ROBERT D. MARIANI , District Judge . Plaintiff Gregory Altenbach ("Plaintiff"), a former Pennsylvania state inmate who, at all times relevant, was housed at the Benner Township State Correctional Institution, in Bellefonte, Pennsylvania, ("SCI-Benner"), 1 commenced this action on December 23, 2014 pursuant to 42 U.S.C. 1983. (Doc. 1). The matter is proceeding via a second amended complaint. (Doc. 89). Named as Defendants are Dave Link, Tammy Ferguson, Robert Williamson,...
ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 12 th day of December, 2017, upon consideration of the petition for writ of habeas corpus (Doc. 1), and for the reasons set forth in the memorandum issued this date, IT IS HEREBY ORDERED THAT: 1. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice for lack of jurisdiction. 2. The Clerk of Court is directed to SUBSTITUTE Howard L. Hufford, Warden, as the sole respondent in this action. 3. The...
MEMORANDUM ROBERT D. MARIANI , District Judge . Presently before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 filed by Petitioner Winston Hinds ("Hinds"), an inmate currently confined at the Schuylkill Federal Prison Camp, in Minersville, Pennsylvania. (Doc. 1). In the habeas petition, Hinds challenges the General Counsel's alleged failure to respond to an administrative remedy appeal. ( Id. at p. 2). The petition is ripe for disposition and, for the...
PRELIMINARY ORDER OF FORFEITURE CHRISTOPHER C. CONNER , District Judge . IT IS HEREBY ORDERED THAT: 1. The court has determined, based upon defendants Ming Di Yu and Yu Hua Mei's guilty pleas and Stipulations of Consent to forfeiture, that the following property is subject to forfeiture pursuant to 18 USC 981(a)(1)(c) and 28 USC 2461 and that the government has established the requisite nexus between such property and such offenses. a. As to Ming Di Yu: $267,852.00 in U.S. Currency,...
MEMORANDUM RICHARD P. CONABOY , District Judge . I. Procedural Background We consider here the appeal of Plaintiff Lucila Cordova from an adverse decision of the Social Security Administration ("SSA" or "Agency") on her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Plaintiff's application was denied at the administrative level on September 10, 2017 whereupon she requested a hearing before an administrative law judge ("ALJ"). That hearing...
MEMORANDUM OPINION ROBERT D. MARIANI , District Judge . I. INTRODUCTION This matter involves claims asserted by Plaintiff, Dana Tamberelli, arising out of the termination of her employment with Alkermes, Inc., in 2015. (Doc. 21). On June 5, 2017, a purported settlement was reached through negotiations between one of Plaintiff's attorneys, David Deratzian, and one of Defendants' attorneys, Barbara Rigo. Plaintiff, however, denies every authorizing Deratzian to accept the proposed...
REPORT AND RECOMMENDATION KAROLINE MEHALCHICK , Magistrate Judge . Before the Court is a motion to dismiss filed by 23 Defendants collectively identified as the "County Defendants." (Doc. 48). Therein, these Defendants 1 assert that four claims identified in the amended complaint filed by Plaintiff Stephanie Moyer must be dismissed. (Doc. 49). Upon briefing, the parties narrowed the disputed claims to just two: deliberate indifference to serious medical needs on the part of Defendant...
REPORT AND RECOMMENDATION SUSAN E. SCHWAB , Chief Magistrate Judge . I. Introduction. On April 27, 2016, Petitioner Anthony Butler Comegys ("Comegys"), an individual who was previously incarcerated at the United States Penitentiary Lewisburg Prison Camp in Lewisburg, Pennsylvania ("USP Lewisburg"), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. In his petition, Comegys claims that he was wrongfully expelled from the Bureau of Prison's ("Bureau" or "BOP")...
MEMORANDUM KAROLINE MEHALCHICK , Magistrate Judge . On July 11, 2016, Plaintiff Stephanie Moyer filed the instant lawsuit, seeking damages from a number of Defendants stemming from the death of her daughter, Victoria Jeannette Herr. (Doc. 1). Following the disposition of a motion to dismiss, Plaintiff filed an amended complaint on August 4, 2017. (Doc. 45). In her amended complaint, Plaintiff alleges a claim of deliberate indifference to a serious medical need, a Monell claim, a state...
ORDER ROBERT D. MARLANI , District Judge . AND NOW, THIS 20th DAY OF DECEMBER, 2017, upon consideration of the United States' Motion for Summary Judgment, (Doc. 83), IT IS HEREBY ORDERED THAT the Motion is DENIED.
MEMORANDUM OPINION ROBERT D. MARIANI , District Judge . I. INTRODUCTION AND PROCEDURAL HISTORY On the afternoon of June 30, 2011, Plaintiff Florence Gaffney was in the lobby of the Social Security Administration office in Scranton, Pennsylvania, when Administrative Law Judge Sridhar Boini allegedly walked up behind her in an intoxicated state, reached under her right arm, and grabbed her breasts. As a result of the incident, Plaintiff filed suit alleging that Boini, the United States,...
ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 20 th DAY OF DECEMBER, 2017, upon consideration of the Motion for Summary Judgment, (Doc. 81), filed by Defendant Steamtown Mall Associates and Defendant Prizm Asset Management Company (collectively "Moving Defendants"), IT IS HEREBY ORDERED THAT the Moving Defendants' Motion, (Doc. 81), is GRANTED. The Clerk of the Court is directed to enter judgment IN FAVOR of the Moving Defendants and AGAINST Plaintiff on all of...
MEMORANDUM OPINION ROBERT D. MARIANI , District Judge . I. INTRODUCTION AND PROCEDURAL HISTORY On the afternoon of June 30, 2011, Plaintiff Florence Gaffney was in the lobby of the Social Security Administration office in Scranton, Pennsylvania, when Administrative Law Judge ("ALJ") Sridhar Boini allegedly walked up behind her in an intoxicated state, reached under her right arm, and grabbed her breasts. As a result of the incident, Plaintiff filed suit alleging that Boini, the United...
ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 29th day of December, 2017, upon consideration of the motion (Doc. 29) to suppress evidence and statements by defendant Ceasar Torres-Rodriguez, and the parties' respective briefs in support of and opposition to said motion (Docs. 30, 54), and for the reasons stated in the accompanying memorandum, it is hereby ORDERED that the motion (Doc. 29) to suppress is DENIED.
MEMORANDUM CHRISTOPHER C. CONNER , Chief District Judge . Defendant Ceasar Torres-Rodriguez ("Torres-Rodriguez") moves the court to suppress evidence and statements resulting from a probation check at his residence on April 30, 2016. (Docs. 29, 30). The court will deny Torres-Rodriguez's motion. I. Findings of Fact 1 Torres-Rodriguez resides at 1431 Vernon Street in Harrisburg, Pennsylvania. (Tr. 13:5-6, 22:12-21; 38:8-16; see also Doc. 29-3). On or about March 17, 2016, Brandi...
ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 28th day of December, 2017, upon consideration of the motions (Docs. 153, 154) to proceed pro se filed by plaintiff Isaac Naranjo ("Naranjo"), and the motion (Doc. 156) by pro bono counsel James P. DeAngelo ("DeAngelo") to withdraw as counsel for Naranjo, it is hereby ORDERED that: 1. The motions (Docs. 153, 154, 156) are GRANTED. 2. The Clerk of Court is DIRECTED to designate Plaintiff as proceeding pro se and to...
