DISCLOSURE STATEMENT Electronically Filed ARTHUR J. SCHWAB , District Judge . Pursuant to Local Rule 7.1.1 of the Western District of Pennsylvania and to enable Judges and Magistrate Judges to evaluate possible disqualification or recusal, the undersigned counsel for Kazmir Construction, LLC in the within action, certifies that there are no parents, subsidiaries and/or affiliates of said party that have issued shares or debt securities to the public. /s/ Christopher T. Yoskosky...
REPORT AND RECOMMENDATION ECF No. 4. LISA PUPO LENIHAN , Magistrate Judge . I. RECOMMENDATION It is respectfully recommended that the Motion to Dismiss (ECF No. 4) filed by Defendant Tebo Financial Services, Inc. ("Tebo") be DENIED given that Plaintiff Bradley A. Rupert ("Plaintiff") has standing and has sufficiently alleged a claim under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681 et seq. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff filed a Complaint...
REPORT AND RECOMMENDATION ROBERT C. MITCHELL , Magistrate Judge . I. RECOMMENDATION Presently before the Court is a Motion for Default Judgment (ECF No. 7) filed by Plaintiff General Nutrition Corporation (GNC). For the following reasons, it is respectfully recommended that the motion be granted. II. REPORT Factual and Procedural History GNC is a Pittsburgh-based retailer of nutrition products (ECF No. 1, 11). GNC operates both corporate-owned and franchised stores ( Id. at 11)....
DEFENDANTS' BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM OFFERING EVIDENCE OR ARGUMENT REGARDING THEIR FINANCIAL RESOURCES ARTHUR J. SCHWAB , District Judge . As a primary matter in response to Plaintiff's motion, punitive damages are excluded from the insurance policy at hand. See Linebacker Public Official's and Employment Practices Liability Coverage Form, attached as Exhibit "A". The policy does not list punitive damages as being covered by the...
MEMORANDUM OPINION RICHARD A. LANZILLO , Magistrate Judge . Plaintiff Christopher Young ("Plaintiff"), an inmate at the State Correctional Institution at Albion ("SCI-Albion"), initiated this civil rights action pursuant to 42 U.S.C. 1983 alleging a violation of his Eighth Amendment rights based on the deprivation of necessary medical care. As Defendants, Plaintiff names prison physicians Jose Boggio ("Dr. Boggio") and Robert Maxa ("Dr. Maxa"); Superintendent Michael Clark ("Clark");...
OPINION DAVID STEWART CERCONE , Senior District Judge . Lewis James Fogle ("Plaintiff") commenced this civil rights action seeking redress for his wrongful conviction. Plaintiff spent 33 years in prison. His conviction recently was vacated after he was exonerated through post-conviction DNA evidence. Named as defendants are the County of Indiana, Pennsylvania; former Indiana prosecutors Gregory Olson and William Martin ("Defendant Prosecutors"); and Pennsylvania State Police ("PSP")...
MEMORANDUM ORDER Re: ECF No. 255 MAUREEN P. KELLY , Magistrate Judge . Presently before the Court is a Motion for Jury View of a Drilling Rig filed on behalf of Defendant EQT Production Company ("EQT"). ECF No. 255. EQT contends that a jury view of a drilling rig will permit the jury to fully understand the questions at issue in this litigation by improving an understanding of rigs, their operation and performance. EQT proposes that the jury view be conducted on a Patterson-UTI Rig,...
MEMORANDUM SUSAN PARADISE BAXTER , District Judge . Pending before the Court 1 is a petition for a writ of habeas corpus filed by federal prisoner Gangsta' Ko-Loff Bishop Gospidon ("Petitioner"). For the reasons set forth below, the petition is dismissed for lack of jurisdiction. A. Relevant Background On August 2, 2006, a jury in the United States District Court for the Northern District of Florida (the "trial court") found Petitioner guilty of: 1) conspiracy to distribute and...
MEMORANDUM SUSAN PARADISE BAXTER , District Judge . Pending before the Court 1 is a petition for a writ of habeas corpus filed by federal prisoner Kevin Walcott ("Petitioner"). For the reasons set forth below, the petition is dismissed for lack of jurisdiction. A. Relevant Background On February 14, 2013, Petitioner pled guilty in the United States District Court for the Northern District of Ohio (the "trial court") to seven counts of bank robbery and one count of attempted bank...
MEMORANDUM SUSAN PARADISE BAXTER , District Judge . Pending before the Court 1 is a petition for a writ of habeas corpus filed by federal prisoner David Gonzalez ("Petitioner"). For the reasons set forth below, the petition is dismissed for lack of jurisdiction. A. Relevant Background On April 15, 2005, a jury found Petitioner guilty in the United States District Court for the Northern District of Ohio (the "trial court") of one count of possession with intent to distribute cocaine, in...
MEMORANDUM SUSAN PARADISE BAXTER , District Judge . Pending before the Court 1 is a petition for a writ of habeas corpus filed by federal prisoner Louis Dior Amir ("Petitioner"). For the reasons set forth below, the petition is dismissed for lack of jurisdiction. A. Relevant Background On September 9, 2011, a jury convicted Petitioner in the United States District Court for the Northern District of Ohio (the "trial court") of 21 Counts for the following offenses: Conspiracy to Commit...
MEMORANDUM OPINION RICHARD A. LANZILLO , Magistrate Judge . Plaintiff Tracey Nadirah Shaw ("Plaintiff"), an inmate at the State Correctional Institution at Cambridge Springs ("SCI-Cambridge Springs"), initiated this civil rights action pursuant to 42 U.S.C. 1983 for violations of her rights under the Eighth Amendment to the United States Constitution, the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12132, and the Rehabilitation Act of 1973, 29 U.S. C. 794. She also...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STRIKE [ECF NO. 54] RICHARD A. LANZILLO , Magistrate Judge . Upon consideration of Defendant Donjon Shipbuilding and Repair, LLC's Emergency Motion to Strike Plaintiff/Counterclaim Defendant Delta Coatings, LLC's Unauthorized and Improper Filing [ECF No. 54], it is hereby ordered that the Motion is GRANTED in part and DENIED in part as stated herein. Donjon previously filed a Motion for Summary...
MEMORANDUM SUSAN PARADISE BAXTER , District Judge . Pending before the Court 1 is a petition for a writ of habeas corpus filed by federal prisoner Demetrious Wright ("Petitioner"). For the reasons set forth below, the petition is dismissed for lack of jurisdiction. A. Relevant Background On two separate occasions, Petitioner pled guilty in the United States District Court for the Northern District of Ohio (the "trial court") to participating in robberies of a Cleveland-area bank. First,...
MEMORANDUM OPINION RICHARD A. LANZILLO , Magistrate Judge . Plaintiff Robert Myer ("Plaintiff"), an inmate formerly incarcerated at the State Correctional Institution at Albion ("SCI-Albion"), 1 initiated this civil rights action pursuant to 42 U.S.C. 1983 on March 4, 2015. ECF No. 1. As Defendants, Plaintiff names Superintendent Nancy Giroux ("Giroux"); Deputy Superintendent David E. Zetwo ("Zetwo"); Licensed Psychology Manager Steven Reilly ("Reilly"); Unit Manager James Bentley ("...
OPINION DONETTA W. AMBROSE , Senior District Judge . Pending before the court are Cross-Motions for Summary Judgment. (ECF Nos. 7 and 9). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 8 and 10). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am denying Plaintiff's Motion for Summary Judgment (ECF No. 7) and granting Defendant's Motion for Summary Judgment. (ECF No. 9). I. BACKGROUND Plaintiff brought...
MEMORANDUM AND ORDER CATHY BISSOON , District Judge . Pending before the Court is the Motion to Dismiss Plaintiff's Second Amended Complaint (hereinafter "Motion to Dismiss," Doc. 24) filed by Defendants City of Connellsville, City of Connellsville Police Department, James Capitos, 1 and Thomas Patton (collectively, the "Moving Defendants" 2 ) and the Response in Opposition (hereinafter "Response," Doc. 28) of Plaintiff Sydney Leighliter ("Leighliter" or "Plaintiff"). For the reasons...
OPINION DONETTA W. AMBROSE , Senior District Judge . Pending before the court are Cross-Motions for Summary Judgment. (ECF Nos. 10 and 12). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 11 and 13). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am denying Plaintiff's Motion for Summary Judgment (ECF No. 10) and granting Defendant's Motion for Summary Judgment. (ECF No. 12). I. BACKGROUND Plaintiff...
OPINION DONETTA W. AMBROSE , Senior District Judge . Pending before the court are Cross-Motions for Summary Judgment. (ECF Nos. 8 and 10). Both parties have filed Briefs in Support of their Motions. (ECF Nos. 9 and 11). After careful consideration of the submissions of the parties, and based on my Opinion set forth below, I am denying Plaintiff's Motion for Summary Judgment (ECF No. 8) and granting Defendant's Motion for Summary Judgment. (ECF No. 10). I. BACKGROUND Plaintiff...
OPINION AND ORDER MARILYN J. HORAN , District Judge . Presently before the Court is Plaintiffs' motion to compel the testimony of Defendant John Sarandrea as well as the Solicitor for Defendant New Castle Area School District (the School District"). ECF No. 56. As explained below, during his deposition Mr. Sarandrea testified that he performed certain acts at the direction of the School District's Solicitor. Counsel for Mr. Sarandrea and the School District objected to further questioning...
