OPINION AND ORDER OF COURT KIM R. GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on Defendant Sterling Yazmin Long-Payton's Motion to Suppress Evidence Obtained as a Result of an Unlawful Search and Seizure with Accompanying Citation of Authority (hereinafter Defendant Payton's "Motion to Suppress") (Doc. No. 28) and Defendant Charles J. Gooch, Jr.'s Motion to Suppress Evidence (hereinafter Defendant Gooch's "Motion to Suppress") (Doc. No. 110), both of which the...
OPINION MARK R. HORNAK, District Judge. This tale began on February 16, 2007, when Beth Kendall, a former part-time postal worker, filed a workers' compensation claim for an injury she allegedly sustained while shoveling snow outside the Pulaski, Pennsylvania United States Post Office. Ms. Kendall believes that it should end with a jury trial in federal court, claiming that her discharge was in unlawful retaliation for her engaging prior protected activity under the Rehabilitation Act, 29 U....
MEMORANDUM OPINION CYNTHIA REED EDDY, United States Magistrate Judge. I. INTRODUCTION For the reasons set forth below, Edward Constant's Petition for Writ of Habeas Corpus will be denied in part and granted in part. A. Double Jeopardy And Ineffective Assistance Of Counsel Federal habeas relief is not warranted on petitioner's claim that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for waiving a Double Jeopardy...
MEMORANDUM GARY L. LANCASTER, Chief Judge. This is an environmental law action. Plaintiffs, Trinity Industries, Inc. and Trinity Industries Railcar Corporation (collectively, "Trinity") bring federal claims under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601, et seq., and the Resource Conservation Recovery Act ("RCRA"), 42 U.S.C. 6901, et seq. 1 Trinity also brings state claims under Pennsylvania's Hazardous Sites Cleanup Act ("...
OPINION MARK R. HORNAK, District Judge. Victoria Bozic was a professional firefighter for the City of Washington ("City"). She was dismissed from that position based on events involved with an investigatory interview meeting convened by the City Solicitor, Lane Turturice, on February 26, 2009. Those two facts appear to be about the only things that the parties and their lawyers agree on. Now before the Court is Ms. Bozic's Motion for Sanctions, ECF No. 25, in which she asks the Court to...
MEMORANDUM OPINION MARK R. HORNAK, District Judge. This case arises on cross-appeal 1 from a Memorandum Opinion and Order of the United States Bankruptcy Court for the Western District of Pennsylvania (the "Bankruptcy Court") dated December 14, 2011. In re Iannini, 460 B.R. 676 (Bankr. W.D.Pa.2011) (" Iannini III "). The principal matter for the Court to address in this cross-appeal is whether the Bankruptcy Court had jurisdiction to grant, in part, an application for counsel fees...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently pending before the Court is the DEFENDANTS' MOTION TO DISMISS, with brief in support (Document Nos. 17 and 18), the PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS (Document No. 27), and the REPLY IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS (Document No. 40). 1 The issues have been fully briefed and the matter is ripe for disposition. Plaintiffs bring this action for declaratory and...
STIPULATION OF DISMISSAL GARY L. LANCASTER, District Judge. The parties announce to the Court that all claims pending in this action have been compromised and settled. Each party is to bear its own costs and attorney's fees, and no costs, expenses, or fees are sought. Therefore, the parties stipulate that all claims be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED.
STIPULATION OF DISMISSAL WITH PREJUDICE GARY L. LANCASTER, Chief Judge. It is hereby stipulated and agreed by and between Plaintiffs Louis A. Vecchio, Bessie P. Vecchio, and Lisa A. Vecchio and Defendant Energy Corporation of America that the parties have reached a settlement and the above-captioned action, and all claims and counterclaims asserted therein, are hereby dismissed, pursuant to Federal Rule of Civil Procedure 41(a), with prejudice and without costs against any party. SO ORDERED.
MEMORANDUM OPINION BLOCH, District Judge. Presently before the Court is Defendant Beemiller, Inc.'s and Defendant MKS Supply, Inc.'s Motion for Summary Judgment (Doc. No. 52). For the reasons set forth below, the Defendants' motion will be granted. I. BACKGROUND This is a strict products liability case over which this Court has jurisdiction based on diversity of citizenship, pursuant to 28 U.S.C. 1332. As set forth in the complaint, Plaintiffs Regis and Bonnie Ellis, who are husband...
MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Presently before the Court is a Second Motion for Judgment on the Pleadings filed by California University of Pennsylvania, Kirk John, Sammy Lonich, John Cencich, and Geraldine Jones ("Defendants") on September 7, 2012 (Docket No. 20), Defendants' Brief in Support, (Docket No. 21), Plaintiff Brendan Cypher's Brief in Opposition to Defendants' Second Motion for Judgment on the Pleadings (Docket No. 23), Defendants' Reply to Plaintiff's...
MEMORANDUM AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on four motions in limine (Doc. Nos. 45, 46, 47, 48) filed by Defendant Allstate Insurance Company ("Allstate") and Plaintiff Susan P. Smith's ("Plaintiff") opposition thereto (Doc. Nos. 51, 52, 53, 54). For the reasons that follow, the Court will GRANT Doc. Nos. 47 and 48 and GRANT in part and DENY in part Doc. Nos. 45 and 46. II. JURISDICTION AND VENUE The Court has jurisdiction...
MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. I. INTRODUCTION This patent infringement action is set to commence jury selection and trial on November 26, 2012. The parties have filed a number of motions in limine seeking pretrial rulings on the admissibility of certain evidence at trial. This opinion addresses Defendants' (collectively "Marvell") "Motion In Limine No. D11 Re: Precluding CMU From Introducing Evidence of Compliance With 35 U.S.C. 287(a)." (Docket No. 520). By this...
MEMORANDUM OPINION RE: MOTIONS TO DISMISS (DOC. NOS. 6 AND 8) ARTHUR J. SCHWAB, District Judge. I. Introduction Currently before the Court are Defendants Superior International Industries Inc. ("Superior"), Small Water Slides ("Small Water"), 1 and Aquatic Facility Design Inc.'s ("Aquatic's") (collectively "Defendants'") Motions to Dismiss (Doc. Nos. 6 and 8). Defendants argue that dismissal is appropriate pursuant to the Colorado River doctrine and Fed.R.Civ.P. 12(b)(6), and...
MEMORANDUM AND ORDER OF COURT GIBSON, District Judge. I. SYNOPSIS This matter comes before the Court on Defendant Allstate Insurance Company's Motion for Summary Judgment (Doc. No. 18), which Plaintiff Susan P. Smith opposes. For the reasons that follow, Defendant's Motion for Summary Judgment is DENIED. II. JURISDICTION AND VENUE The Court has jurisdiction pursuant to 28 U.S.C. 1332 and 1441. Venue is proper under 28 U.S.C. 1441(a). III. FACTUAL AND PROCEDURAL BACKGROUND This...
MEMORANDUM OPINION AND ORDER LISA PUPO LENIHAN, United States Chief Magistrate Judge. This case is before the Court on the Motion to Dismiss Plaintiff's Second Amended Complaint, or alternatively, Motion for Summary Judgment filed by Defendants Fayette County and Louis Krukowski 1 (ECF No. 39); the Motion for Judgment on the Pleadings filed by Defendants Timmee Burnsworth, Carol Younkin, and PrimeCare Medical, Inc. (ECF No. 44); and Plaintiff's Briefs in Opposition to both pending Motions (...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently pending before the Court is the MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Doc. No. 6) with Brief in Support (Doc. No. 7) filed by Defendant Cheswick Generating Station, GenOn Power Midwest, L.P. ("GenOn" or "Defendant"). 1 Plaintiffs Kristie Bell and Joan Luppe, Putative Class Action Representatives, ("Plaintiffs") have filed a Brief in Opposition (Doc. No. 12), Defendant has filed a Reply Brief (Doc....
MEMORANDUM OPINION SEAN J. McLAUGHLIN, District Judge. In this civil action, Plaintiff MTR Gaming Group, Inc. ("MTR") has sued its former CEO, shareholder, and consultant — Defendant Edson R. Arneault — for alleged breach of contract, tortious interference with a contract, and violations of Pennsylvania's Trade Secrets Act. As the parties here are of diverse citizenship, this Court's jurisdiction is premised upon 28 U.S.C. 1332. Presently pending in this matter is Arneault's motion to...
MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. Introduction The Defendants in this action have filed motions to dismiss the Plaintiff's amended complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Docket Nos. 30 & 32. The Plaintiff has moved to strike portions of a brief filed in support of one of the pending motions to dismiss. Docket No. 42. The Plaintiff also asks the Court to take judicial notice of comments reportedly made by Allegheny County...
OPINION DAVID STEWART CERCONE, District Judge. Plaintiff commenced this action seeking redress for allegedly being terminated from employment in violation of the Age Discrimination in Employment Act. Presently before the court is defendant's motion for summary judgment. For the reasons set forth below, the motion will be granted. Federal Rule of Civil Procedure 56(c) provides that summary judgment may be granted if, drawing all inferences in favor of the non-moving party, "the pleadings,...
