MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SUSAN PARADISE BAXTER , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that Defendants' motion to dismiss [ECF No. 29] be granted in part and denied in part. II. REPORT A. Relevant Procedural History Plaintiff Bryan Angle, an inmate incarcerated at the State Correctional Institution at Forest in Marienville, Pennsylvania ("SCI-Forest"), initiated this civil rights action on November 16, 2016, by filing a pro se...
OPINION DAVID STEWART CERCONE , Senior District Judge . I. Introduction This matter is before the Court on remand from the United States Court of Appeals for the Third Circuit in connection with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by Ronald A. Williams ("Williams" or "Petitioner"). In accordance with the remand order, the Court held an evidentiary hearing on April 2 and 3, 2012, the official transcript of which has been filed of record and...
ORDER CATHY BISSOON , District Judge . Defendant's Motion for Summary Judgment (Doc. 37) will be denied. Although Defendant seeks judgment under the "no reasonable juror" standard, disputes of material fact remain regarding whether or not Plaintiff communicated to Defendant's client, Gold's Gym ("the Gym"), that she no longer consented to Defendant calling her. In the final page of its Reply, Defendant argues, for the first time, that it should not be charged with knowledge of...
ORDER ALAN N. BLOCH , District Judge . AND NOW, this 27th day of December, 2017, upon consideration of Defendant/Petitioner ("Petitioner") Andrew J. Murin, Jr.'s pro se "Motion for Relief Pursuant to Rule 60(b) and Rule 59(e) of Federal Rules of Civil Procedure" (Doc. No. 438), filed in the above captioned matter on December 15, 2016, and upon further consideration of the Government's response to said motion (Doc. No. 442), filed on January 13, 2017, and on Petitioner's reply thereto (...
OPINION DAVID STEWART CERCONE , Senior District Judge . On July 12, 2016, a grand jury returned a twenty-seven count indictment against David Edward Palo ("defendant") charging him at count one with Health Care Fraud, from in and around January 2008 to in and around June 2014, in violation of 18 U.S.C. 1347 and at counts two through twenty-seven with making false statements relating to health care matters, on specified dates between January 11, 2012, and February 5, 2013, in violation...
OPINION AND ORDER DONETTA W. AMBROSE , Senior District Judge . SYNOPSIS In this action, Defendant pleaded guilty, without a plea agreement, to two Counts of bank robbery. On May 2, 2011, Defendant was sentenced to a term of imprisonment of 96 months, followed by a term of supervised release. His sentence was based, in part, on the career offender provisions of the Sentencing Guidelines, due to prior convictions for simple assault and third-degree murder. 1 His sentence was affirmed on...
MEMORANDUM OPINION 1 KIM R. GIBSON , UNITED STATES DISTRICT JUDGE . I. Introduction Presently pending before the Court are the parties' cross-motions for summary judgment. (ECF Nos. 31, 36.) Defendants Attorney General Jefferson B. Sessions, III, Acting Director Thomas E. Brandon, Director Christopher A. Wray, and the United States of America move for summary judgment on all currently pending counts 2 of the Second Amended Complaint. ( See ECF No. 34 at 9.) Plaintiff Alton C. Franklin...
OPINION DONETTA W. AMBROSE , Senior District Judge . Pending before the Court are Cross-Motions for Summary Judgment. (ECF Nos. 11 and 15). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 12 and 16). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am granting in part and denying in part Plaintiff's Motion for Summary Judgment (ECF No. 11) and denying Defendant's Motion for Summary Judgment. (ECF No. 15). I....
MEMORANDUM ORDER NORA BARRY FISCHER , District Judge . AND NOW, this 21st day of December, 2017, upon consideration of the Court's Show Cause Order from December 8, 2017, (Docket No. [7]), and Defendant Main Street American Insurance Company's amended notice of removal from December 12, 2017, (Docket No. [8]), the relevant attachments including Plaintiff's complaint in the Court of Common Pleas of Lawrence County, (Docket No. 8-1), and Defendant's allegations that jurisdiction in this...
MEMORANDUM ORDER ECF No. 57 LISA PUPO LENIHAN , Magistrate Judge . FACTS Pending before the Court is Plaintiff's Motion for a Protective Order and to Quash a Deposition Subpoena to depose Plaintiff's counsel, John Manfredonia. The basic facts of this case are that the Defendant ("Jacobs") holds a contract from the Navy to design and build a hangar in Guam. Jacobs contacted door manufacturers for assistance in designing the doors for the hangar. Plaintiff, ("Fleming") was selected to work...
ORDER CHRISTOPHER C. CONNER , District Judge . AND NOW, this 20th day of December, 2017, upon consideration of the motion (Doc. 87) to quash filed by defendant CNX Gas Company, LLC ("CNX"), seeking to quash the subpoenas (Docs. 87-5, 87-6, 87-7) issued by plaintiff Municipal Authority of Westmoreland County ("MAWC") to CONE Midstream Partners LP, CONE Gathering LLC, and Joseph Fink (collectively, "third party recipients"), the parties' respective briefs in support of and opposition to...
MEMORANDUM CHRISTOPHER C. CONNER , District Judge . Before the court is a motion (Doc. 87) to quash or, in the alternative, for protective order filed by defendant CNX Gas Company, LLC ("CNX") in response to the subpoenas (Docs. 87-5, 87-6, 87-7) issued by plaintiff Municipal Authority of Westmoreland County ("MAWC") to third parties CONE Midstream Partners LP ("CONE Midstream"), CONE Gathering LLC ("CONE Gathering"), and Joseph Fink ("Fink"). For the reasons that follow, the court will...
MEMORANDUM OPINION ECF No. 66 LISA PUPO LENIHAN , Magistrate Judge . Before the Court is the Motion to Dismiss filed by Cheryl Adams ("Nurse Adams" or "Defendant") pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 66). Defendant seeks dismissal of Count I of the Amended Complaint filed, pro se, by John Bradley Peters, Sr. ("Plaintiff"). (ECF No. 55). Plaintiff pleads his sole claim against Defendant under 42 U.S.C. 1983 for alleged violation of his rights under the...
ORDER NORA BARRY FISCHER , District Judge . AND NOW, this 21st day of December, 2017, after Plaintiff Willie Lamar Young, Jr. ("Plaintiff") filed an action in the above-captioned case, and after a Motion for Summary Judgment was filed by Defendants Lt. Farley, COI Geppert, COI Lamonaca and COI Sentz, ECF No. 77, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge, ECF No. 95, and upon consideration of the Objections filed by Plaintiff, ECF No. 100,...
MEMORANDUM OPINION 1 CYNTHIA REED EDDY , Magistrate Judge . This is a civil rights action initiated pursuant to 42 U.S.C. 1983 alleging that the above-captioned Defendants violated Plaintiff Philbert Wilson's civil rights when he was detained for sixty-four days in the Lawrence County Jail without ever receiving the applicable revocation hearings to which state probationers are entitled. Pending before the Court are motions for summary judgement filed by Defendant Jeffrey Roney [ECF No....
MEMORANDUM OPINION KIM R. GIBSON District Judge . I. Introduction Pending before the Court is the Motion for Summary Judgment ("Motion") filed by Defendants MTD Products, Inc., MTD Products Limited, MTD LLC, MTD Holdings, Inc., and MTD Consumer Group, Inc. (together "MTD") (ECF No. 26.) The Motion has been fully briefed ( see ECF Nos. 27, 35, 37) and is ripe for disposition. For the reasons stated below, the Court will DENY MTD's Motion. II. Jurisdiction The Court has subject...
MEMORANDUM OPINION JOY FLOWERS CONTI , Chief District Judge . Pending before the court in this case 1 is a second motion for the appointment of counsel filed by pro se plaintiff Jeron D. Brown ("plaintiff"), with brief and exhibits in support. (ECF Nos. 17-19.) This court previously denied plaintiff's request for the appointment of counsel because it had "substantial doubts" about the merits of plaintiff's claims. (ECF No. 9.) The court acknowledged, however, that some of the factors set...
ORDER CATHY BISSOON , District Judge . Plaintiffs contemporaneously have filed, (1) a Motion (Doc. 12) for default judgment and a damages hearing against the current Defendants; and (2), a Motion (Doc. 13) for leave to amend the complaint to add claims against new defendants. Plaintiffs envision first securing the entry of default judgment against the current Defendants, and then amending the pleadings to assert materially identical claims against new entities. See Doc. 13 at 14. In...
MEMORANDUM ORDER CATHY BISSOON , District Judge . Pending before the Court is Defendant Stephen Matakovich's Motion for Release Pending Appeal (Doc. 139). For the reasons that follow, the motion is denied. The parties here do not meaningfully dispute the standard that is to be applied by the Court in making its determination as to whether a Defendant should be released pending an appeal under Title 18 U.S.C. 3143(b). Suffice it to say, this Court finds that Defendant has not raised any...
ORDER Re: ECF No. 298. MAUREEN P. KELLY , Chief Magistrate Judge . Presently before the Court is a Joint Motion to Continue Stay and Incorporated Citations to Law filed by Defendants Tiversa Holding Corp. ("Tiversa") and Robert J. Boback ("Boback"). ECF No. 298. Also before the Court is the Opposition to Defendants' Joint Motion to Continue Stay filed by Plaintiff LabMD, Inc. ("LabMD"). ECF No. 299. The instant iteration of the labyrinthine litigation between these parties began in...
