ORDER MATTHEW W. BRANN , District Judge . AND NOW , in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendants' Partial Motion to Dismiss, January 14, 2020, ECF No. 19, is GRANTED . 2. Count I is DISMISSED WITH PREJUDICE with respect to Defendant Dean VanBlohn.
MEMORANDUM OPINION MATTHEW W. BRANN , District Judge . I. BACKGROUND On August 2, 2019, Plaintiff Wayne Myers filed a two-count complaint against Defendants Mahoning Township (the "Township"), William Lynn, T.S. Scott, and Dean VanBlohn (all four together, the "Township Defendants"). On October 4, 2019, the Township Defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. On December 19, 2019, the Court dismissed Myers'...
ORDER MATTHEW W. BRANN , District Judge . AND NOW , this 18th day of March 2020, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that Defendants' Motion to Compel Mental Health Examination of Plaintiff (ECF No. 78) is DENIED .
MEMORANDUM OPINION MATTHEW W. BRANN , District Judge . This case arises from alleged sexual harassment suffered by Plaintiff Jesse Barnes during her employment at the Defendant Shell Oil Company entities. On January 21, 2020, Shell moved to compel a mental-health examination of Barnes pursuant to Federal Rule of Civil Procedure 35. That motion is now ripe for disposition. Rule 35 authorizes a district court to order a party whose mental or physical condition is in controversy to submit to...
ORDER MATTHEW W. BRANN , District Judge . William D. Turner filed this amended 42 U.S.C. 1983 complaint alleging that Defendants violated his Eighth Amendment rights by denying him adequate medical care with respect to his Hepatitis C treatment. 1 Although Turner's amended complaint is somewhat addled, he alleges that he suffers from Hepatitis C which has resulted in severe cirrhosis. 2 Defendants test Turner's blood every six months, but refuse to provide him with an antiviral drug...
ORDER GRANTING MOTION FOR CERTIFICATE OF EXTRADITABILITY [Re: Dkt. 49, 57] HOWARD R. LLOYD , Magistrate Judge . The United States, on behalf of the Federal Republic of Germany (Germany), seeks the extradition of Samir Azizi. Azizi is charged in Germany with 89 counts of tax evasion — i.e., 77 counts of providing tax authorities with incomplete or incorrect statements about tax-relevant facts and 12 counts of failing to inform them about tax-relevant facts, acting contrary to duty — in...
REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S APPEAL AND TO REVERSE AND REMAND DECISION OF COMMISSIONER GERALD B. COHN , Magistrate Judge . This matter is before the undersigned United States Magistrate Judge for a report and recommendation. John A. Jasinski ("Plaintiff"), seeks judicial review of the Commissioner of the Social Security Administration's decision finding of not disabled. As set forth below, the undersigned recommends to GRANT Plaintiff's appeal and REVERSE and REMAND...
ORDER MATTHEW W. BRANN , District Judge . In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendants' motion in limine (Doc. 141) is GRANTED in part and DENIED in part; 2. Defendants are conditionally permitted to introduce evidence related to (1) Moore's use of multiple names and dates of birth, and (2) misconduct reports issued by Granlund to Moore. Defendants are conditionally barred from presented evidence related to (1) Moore's failure...
ORDER SYLVIA H. RAMBO , District Judge . Before the court is Defendant's Motion for Summary Judgment. (Doc. 35.) For the reasons outlined in the accompanying memorandum, IT IS HEREBY ORDERED that the motion is DENIED.
MEMORANDUM SYLVIA H. RAMBO , District Judge . Before the court is Defendant's Motion for Summary Judgment. (Doc. 35.) For the reasons outlined below, the court shall deny the motion. I. BACKGROUND 1 In October 2011, Defendant Equipment Transport, LLC ("Defendant" or "ETL") hired Plaintiff Bryan Witbeck ("Plaintiff" or "Mr. Witbeck") as a truck driver. Upon being hired, Mr. Witbeck accepted by signature Defendant's Employee Handbook, which stated, inter alia, that an employee must...
ORDER JOHN E. JONES, III , District Judge . In conformity with the Memorandum issued on today's date, IT IS HEREBY ORDERED THAT: 1. Plaintiffs' Motion for Partial Summary Judgment, (Doc. 293), is DENIED. 2. Defendants' Motion for Summary Judgment, (Doc. 297), is GRANTED. 3. The Clerk of the Court SHALL CLOSE the file on this case. 4. F. Frederic Fouad's First Motion to Intervene, (Doc. 334), is DENIED as moot.
MEMORANDUM JOHN E. JONES, III , District Judge . Presently pending before the Court are cross-motions for summary judgment filed by the parties in the above-captioned case. (Docs. 293, 297). Both motions have been fully briefed, (Docs. 293, 294, 332, 336; Docs. 297, 298, 312-1, 337), and are ripe for disposition. For the reasons that follow, Plaintiffs' motion, (Doc. 293), shall be denied, and Defendants' motion, (Doc. 297), shall be granted. Moreover, because we shall order the Clerk of...
MEMORANDUM OPINION MATTHEW W. BRANN , District Judge . I. BACKGROUND Thomas Moore, a Pennsylvania state prisoner, filed this civil rights complaint — which he later amended with assistance from counsel — alleging that several defendants violated his rights during his incarceration at the Pennsylvania State Correctional Instruction Rockview. 1 Over the course of several years, United States District Judge Richard P. Conaboy 2 issued a series of rulings that narrowed the relevant issues...
ORDER MALACHY E. MANNION , District Judge . In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The plaintiff's motion for partial summary judgment on Count I of the complaint (Doc. 11) is GRANTED IN PART AND DENIED IN PART . The plaintiff's motion is GRANTED as to liability and DENIED as to damages. (2) The defendants' motion for partial summary judgment on Count II of the complaint (Doc. 14) is GRANTED . (3) This case is directed to...
MEMORANDUM MALACHY E. MANNION , District Judge . Before the court is plaintiff's motion for partial summary judgment on Count I of the complaint (Doc. 11) and defendants' motion for partial summary judgment on Count II of the complaint (Doc. 14). For the reasons stated below, plaintiff's motion for partial summary judgment will be GRANTED IN PART AND DENIED IN PART and defendants' motion for partial summary judgment will be GRANTED . I. PROCEDURAL HISTORY On September 14, 2018, this...
ORDER SYLVIA H. RAMBO , District Judge . AND NOW , on this 17th day of March 2020, in accordance with the accompanying Memorandum, IT IS ORDERED THAT : 1. Defendant Kauffman's motion for summary judgment (Doc. No. 34) is GRANTED ; 2. The Clerk of Court is DIRECTED to enter judgment in favor of Defendant Kauffman and against Plaintiff Ralph Abreu; and 3. The Clerk of Court is DIRECTED to CLOSE the above-captioned case.
MEMORANDUM SYLVIA H. RAMBO , District Judge . This matter is before the Court pursuant to the motion for summary judgment filed by Defendant Lieutenant D. Kauffman ("Kauffman"). (Doc. No. 34.) Pro se Plaintiff Ralph Abreu ("Plaintiff") has filed neither a brief in opposition nor a motion seeking an extension of time to do so. Accordingly, because the time period for Plaintiff to respond has expired, Defendant Kauffman's motion for summary judgment is ripe for disposition. I. BACKGROUND...
ORDER MATTHEW W. BRANN , District Judge . Brendi Barzyk filed this action seeking review of a decision by the Commissioner of Social Security ("Commissioner") denying Barzyk's claim for social security disability benefits and supplemental security income. 2 On February 18, 2020, Magistrate Judge Gerald B. Cohn issued a Report and Recommendation recommending that this Court affirm the Commissioner's decision and close this case. 3 No timely objections were filed to this Report and...
ORDER MATTHEW W. BRANN , District Judge . In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendants' motion to dismiss, ECF No. 12, is GRANTED ; 2. Defendants Amy Foura-White, Douglas K. White, M. Washington, Justin Ray Ormond, and M. Blackwell are DISMISSED WITH PREJUDICE ; 3. Defendants' motion for a protective order, ECF No. 27, is DENIED AS MOOT ; 4. Plaintiff's complaint, ECF No. 1, is DISMISSED WITHOUT PREJUDICE ; 5. Plaintiff's...
MEMORANDUM OPINION MATTHEW W. BRANN , District Judge . Plaintiff Istvan Merchenthaler, a federal prisoner presently confined at the Federal Correctional Center at Allenwood in White Deer, Pennsylvania, filed a complaint pursuant to the Federal Tort Claims Act (FTCA) arguing that prison staff were negligent in applying a greater prison security measure to his prisoner classification, preventing him from being designated to a prison camp, and were also negligent in refusing to remove it. 1...
