OPINION Re: ECF No. 19. MAUREEN P. KELLY , Chief Magistrate Judge . John and Stephanie Petrosky (collectively, "Plaintiffs") bring this action pursuant to 42 U.S.C. 1983 against Allegheny County and Orlando Harper ("Warden Harper") (collectively, "the County Defendants") as the result of serious injuries allegedly caused by their deliberate indifference to Mr. Petrosky's serious medical condition, endocarditis. Plaintiffs contend that the County Defendants violated constitutional...
Memorandum Opinion and Order KIM R. GIBSON , District Judge . I. Introduction Presently before this Court is Plaintiff's Motion to Dismiss Counts 1-6 of Defendant's Counterclaims. ECF No. 14 . Defendant opposes the motion. ECF No. 29 . For the reasons that follow, the Court will grant in part and deny in part Plaintiff's Motion to Dismiss Counts 1-6 of Defendant's Counterclaims. II. Jurisdiction The Court has jurisdiction over Plaintiff's federal claims pursuant to 28 U.S.C. 1331....
REPORT AND RECOMMENDATION ECF No. 70 LISA PUPO LENIHAN , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that the Motion to Dismiss at ECF No. 70 filed by Allegheny County be denied. II. REPORT A. PROCEDURAL BACKGROUND Plaintiffs, Gregory Tuttle ("Plaintiff') and his wife, Connie Tuttle (collectively "Plaintiffs") bring this action pursuant to 42 U.S.C. 1983. The original complaint was filed in this court on February 6, 2014, following removal from the Court...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SUSAN PARADISE BAXTER , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that Defendants' motion for summary judgment [ECF No. 42] be granted for Plaintiff's failure to exhaust his administrative remedies in accordance with the Prison Litigation Reform Act. Alternatively, this action should be dismissed due to Plaintiff's failure to prosecute. The Clerk of Courts should be directed to close this case. By separate Order filed...
REPORT AND RECOMMENDATION LISA PUPO LENIHAN , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that the Motion for Summary Judgment filed by Defendant Jason DiMucchio ("DiMucchio") (ECF No. 38) be granted. It is also recommended that the Motion for Summary Judgment filed by Defendants John Melnik, Robert Piche, Robert Salem, Corporal Seelbaugh, Amanda Ventura, and Justin Warren (collectively "Police Defendants") (ECF No. 50) be denied without prejudice, and that the...
REPORT AND RECOMMENDATION DEFENDANTS' MOTION TO DISMISS [ECF NO. 20] CYNTHIA REED EDDY , Magistrate Judge . I. RECOMMENDATION For the reasons that follow, it is respectfully recommended that Defendants' Motion to Dismiss be granted. Further, any opportunity to amend would be futile, as it does not appear, given the facts of record, that Plaintiff could make out any non-time-barred claims. Plaintiff has not responded to the motion, and the time for responding has now passed. Therefore,...
Re: ECF No. 44 REPORT AND RECOMMENDATION MAUREEN P. KELLY , Chief Magistrate Judge . I. RECOMMENDATION Plaintiff Malcolm Gantz ("Plaintiff"), a Pennsylvania state prisoner proceeding pro se , has filed a civil rights action pursuant to 42 U.S.C. 1983. Presently before the Court is a "Motion to Dismiss or in the Alternative Motion for Summary Judgment of Defendant, Dr. Conrado Agra." 1 ECF No. 44. For the following reasons, it is respectfully recommended that the Motion to Dismiss be...
MEMORANDUM OPINION KIM R. GIBSON , District Judge . I. Introduction This qui tam action arises from a dispute regarding false and fraudulent claims. ( See ECF No. 1.) Presently before the Court is Defendant's motion to dismiss the complaint pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6). (ECF No. 33.) For the reasons stated below, the Court will GRANT Defendant's motion to dismiss the complaint. II. Jurisdiction The Court has jurisdiction over the instant...
MEMORANDUM AND ORDER Cathy Bissoon , United States District Judge . I. MEMORANDUM Pending before the Court are a motion for summary judgment (Doc. 36) filed by Plaintiffs Equitrans Services LLC and Equitrans Investments, LLC, trading as Equitrans, LP (collectively, "Equitrans") and a cross-motion for partial summary judgment (Doc. 40) filed by Defendant Precision Pipeline ("Precision"). For the reasons that follow, the parties' motions will be granted in part and denied in part....
Memorandum Opinion and Order KIM R. GIBSON , District Judge . I. Introduction Presently before this Court is Defendant's Motion to Dismiss for Failure to State a Claim. ECF No. 5 . Defendant moves to dismiss Count III of Plaintiff's Complaint. Id . For the reasons that follow, the Court will grant Defendant's motion to dismiss Count III of the Complaint. II. Jurisdiction The Court has jurisdiction over Plaintiff's federal claims pursuant to 28 U.S.C. 1331. The Court has...
MEMORANDUM AND ORDER 1 CATHY BISSOON , District Judge . I. MEMORANDUM This matter is before the Court upon a Motion for Summary Judgment filed by Defendants Fast Trak Investment Company LLC ("Fast Trak") and RJC Funding, LLC ("RJC") (Doc. 31), and a Motion to Dismiss filed by Plaintiff Obermayer Rebmann Maxwell & Hippel LLP ("Obermayer") (Doc. 26). For the reasons that follow, both Motions will be granted. BACKGROUND In June 2011, Counter-Claim Defendant John H.C. West, III ("...
ORDER ALAN N. BLOCH , District Judge . AND NOW, this 30th day of December, 2015, upon consideration of Defendant's Motion for Summary Judgment (Doc. No. 13) filed in the above-captioned matter on July 27, 2015, IT IS HEREBY ORDERED that said Motion is DENIED. AND, further, upon consideration of Plaintiff's Motion for Summary Judgment (Doc. No. 11) filed in the above-captioned matter on June 18, 2015, IT IS HEREBY ORDERED that said Motion is GRANTED. Accordingly, this matter is hereby...
MEMORANDUM OPINION AND ORDER OF COURT KIM R. GIBSON , District Judge . I. Introduction This matter comes before the Court upon two pretrial motions: (1) a motion to compel the deposition of Dr. Joseph M. Kosakoski, Jr. (ECF No. 241) by Defendants R&L Transfer, Inc., Greenwood Motor Lines d/b/a R&L Carriers, and R&L Carriers Shared Services LLC (collectively, "Defendants" or "R&L") and (2) Plaintiff's motion for sanctions (ECF No. 226). Plaintiff has filed a response and a supplemental...
MEMORANDUM ORDER NORA BARRY FISCHER , District Judge . In this civil action, Plaintiff, Robyn M. Kitt, attempts to assert various claims connected to an investigation of a bank robbery, and her related arrest, trial, and acquittal. Presently pending before the Court are several motions: 1) Defendants' Motion to Dismiss Second Amended Complaint (Docket No. [70]), which is based in part on a release that Plaintiff executed in Kitt v. City of Pittsburgh, Civil Action No. 14-65 (W.D.Pa.)(...
MEMORANDUM OPINION SUSAN PARADISE BAXTER , Magistrate Judge . A. Relevant Procedural History Plaintiff, acting pro se 1 , has filed a motion seeking a temporary restraining order or preliminary injunction. ECF No. 29. In his Amended Complaint, Plaintiff complains that Defendant Dyne retaliated against him conducting an illegal cell search and destroying his personal property in October of 2014. As relief, Plaintiff seeks monetary damages. In his motion for preliminary injunctive relief,...
MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY , District Judge . Now pending before the Court is a MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (ECF No. 103) filed by the Federal Public Defender on behalf of Willis Duane Evans. The motion has been exhaustively briefed (ECF Nos. 108, 112, 117, 122, 129, 132) and is now ripe for disposition. The case was reassigned to this member of the Court on December 3, 2015. Factual...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Terrence F. McVerry , Senior United States District Judge . I. Introduction The remaining claims in this four-year-old saga are breach of contract (Count Three) and fraud (Count Four) brought by Plaintiffs Norfolk Southern Railway Company and Wheeling & Lake Erie Railway Company against Defendants Pittsburgh & West Virginia Railroad and Power REIT. Both counts are set forth in Plaintiffs' Second Supplement to Complaint and incorporated by...
OPINION DAVID STEWART CERCONE , District Judge . Ronald S. Grupp ("plaintiff") commenced this proceeding by filing a motion to proceed in forma pauperis and attaching to it a "complaint" seeking to establish that defendant Bank of New York Mellon has submitted false or misleading statements and filings with the Securities and Exchange Commission regarding its management of assets belonging to "Sovereign Wealth Clients." Much of this activity occurred in relation to its closely held...
ORDER ALAN N. BLOCH , District Judge . AND NOW, this 28th day of December, 2015, upon consideration of the parties' cross-motions for summary judgment, the Court, upon review of the Commissioner of Social Security's final decision, denying Plaintiff's claim for Disability Insurance Benefits ("DIB") under Subchapter II of the Social Security Act, 42 U.S.C. 401, et seq ., finds that the Commissioner's findings are supported by substantial evidence and, accordingly, affirms. See 42 U.S.C....
ORDER ALAN N. BLOCH , District Judge . AND NOW, this 28 th day of December, 2015, upon consideration of Plaintiff's Motion for Summary Judgment, the Court, upon review of the Commissioner of Social Security's final decision, denying Plaintiff's claim for supplemental security income benefits under Subchapter XVI of the Social Security Act, 42 U.S.C. 1381, et seq. , finds that the Commissioner's findings are supported by substantial evidence and, accordingly, affirms. See 42 U.S.C....
