U.S. District Courts - Pennsylvania ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawNative Americans LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation UNITED STATES of America v. Eric GRANT. , E.D.Pa., November 19, 2009 MEMORANDUM PADOVA, District Judge. Defendant Eric Grant has been charged with being a felon in possession of a firearm. Presently before the Court is Defendant's Motion to Suppress the firearm, which Defendant discarded while fleeing from police officers. Defendant argues in the Motion that police officers seized him in the street without reasonable suspicion before he fled from them, and that the firearm that they subsequently recovered should therefore be suppressed as the fruit of that ill... Gino M. SABATINI and Catherine M. Sabatini, his wife, Plaintiffs v. ITS AMORE CORP. and T & M Dram Corp., Defendants. , M.D.Pa., November 19, 2009 MEMORANDUM AND ORDER THOMAS M. BLEWITT, United States Magistrate Judge. I. Background. Following a jury trial in the above case and an October 15, 2009 verdict entirely in favor of Defendants, the Court entered a Judgment on October 16, 2009 (Doc. 140), which provided: AND NOW, this 16th day of October, 2009, pursuant to the October 15, 2009 Verdict of the jury and the Special Verdict Interrogatories, attached hereto, following a trial in the above case, IT IS HEREBY ORDERED AND ADJUDGED T... CRADLE OF LIBERTY COUNCIL, INC., Boy Scouts of America, Plaintiff, v. The CITY OF PHILADELPHIA, Defendant. , E.D.Pa., November 18, 2009 MEMORANDUM BUCKWALTER, Senior District Judge. Without going into the entire background of this case, which is set forth in this court's memorandum of September 25, 2008, the following section sets forth the salient factors regarding the Plaintiff's motion for preliminary injunction now before the court: 1. On May 23, 2008, Plaintiff filed its complaint in this court alleging a violation of its state and federal constitutional rights in the Defendant's efforts to remove Plaintiff from the b... UNITED STATES of America, Respondent, v. Jamal SOLOMON, Petitioner. , E.D.Pa., November 18, 2009 MEMORANDUM RE: MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BAYLSON, District Judge. Pending before the Court is Petitioner Jamal Solomon's pro se Habeas Corpus Motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (Case No. 07-184, Docket No. 24; Case No. 07-683, Docket No. 13), and the government's Motion to Dismiss 2255 Motion (Case No. 07- 184, Docket No. 27; Case No. 07-683, Docket No. 16). Solomon was convicted of various charges stemming from several bank robb... Jeffrey O. BRIGHT, Petitioner, v. Commonwealth Of PENNSYLVANIA, and PA State Attorney General, Respondents. , M.D.Pa., November 18, 2009 MEMORANDUM JOHN E. JONES III, Judge. THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS: This matter is before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Malachy E. Mannion (Doc. 11), filed on October 28, 2009, which recommends that the petition of Jeffrey O. Bright ("Petitioner" or "Bright"), for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. No objections to the R & R have been filed by any party. [FN1] For the reasons set forth below, the Court ... James S. THOMPSON; Rae Lynn Sigwalt; Mrs. Rich Check; Brian Vernon; Eunice Thompson-Leake, and all similarly situated, Plaintiffs, v. Norman HOWARD, Redstone Township Policeman; Roy Mehalik, Luzerne Township Policeman; Redstone Township; Luzerne To, W.D.Pa., November 18, 2009 MEMORANDUM OPINION DISMISSING ADDITIONAL PLAINTIFFS LENIHAN, United States Magistrate Judge. Plaintiff James S. Thompson ("Plaintiff Thompson") filed a civil rights action based upon his alleged harassment, prior to his incarceration, by Officer Norman Howard of Redstone Township and Officer Roy Mehalik of Luzerne Township. Plaintiff Thompson is currently incarcerated, is proceeding pro se, and has been granted leave to proceed in forma pauperis. In his Complaint, Plaintiff Thompson named fou... CARPENTERS COMBINED FUNDS, INC., by James R. KLEIN, Administrator, Plaintiff, v. LYONS CONTRACTING, INC. a/k/a Lyons Contracting LLC, Martin A. Lyons, III, Susan M. Lyons and Martin A. Lyons, Jr., Defendants. , W.D.Pa., November 18, 2009 OPINION LENIHAN, United States Magistrate Judge. Currently before the Court for disposition is a Motion to Dismiss (Doc. No. 8) filed by Defendants Lyons Contracting, Inc. a/k/a Lyons Contracting LLC, Martin A. Lyons, III, Susan M. Lyons, and Martin A. Lyons, Jr (collectively, "Defendants"). For the reasons set forth below, the Court will deny Defendants' Motion. Background Plaintiff Carpenters Combined Funds, Inc. ("the Funds") is a Pennsylvania non- profit corporation that administers fri... UNITED STATES of America v. Andre L. JACOBS. , W.D.Pa., November 18, 2009 MEMORANDUM ORDER OF COURT GUSTAVE DIAMOND, District Judge. AND NOW, this 18th day of November, 2009, upon due consideration of defendant's "motion for emergency relief and for reconsideration" (Document No. 110), IT IS ORDERED that defendant's motion be, and the same hereby is, denied. On April 26, 2006, defendant was convicted by a jury of assaulting, resisting or impeding a federal employee. On October 2, 2006, defendant was sentenced by this court to a term of imprisonment of 210 months... Srikanth RAGHUNATHAN, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. , M.D.Pa., November 18, 2009 MEMORANDUM AND ORDER THOMAS M. BLEWITT, United States Magistrate Judge. I. Background. On January 29, 2009, original Plaintiffs, George Blood and Srikanth Raghunathan, jointly filed, pro se, this action with the United States District Court for the District of Columbia ("D.C .") seeking a writ of mandamus, pursuant to 28 U.S.C. § 1361, preventing Defendant Bureau of Prisons ("BOP") from opening their legal mail sans their presence and from imposing any restrictions with respect to the access ... Carolyn HORTON, et al., Plaintiffs v. CITY OF HARRISBURG, et al., Defendants. , M.D.Pa., November 18, 2009 ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 18th day of November, 2009, upon consideration of defendants' motion in limine (Doc. 61), wherein defendants request that the court exclude evidence or argument related to race, evidence or argument related to an alleged failure of the municipality to train defendant Lyda, and evidence or argument related to whether police tactics provoked a deadly encounter, [FN1] and upon consideration of plaintiffs' opposition (Doc. 67) to defendan... Kathryn MEGONNELL, Plaintiff, v. INFOTECH SOLUTIONS, INC. t/d/b/a Avysion IT and/or Avysio Healthcare Services, Pamela Hunter and Leonard Tokar, Defendants. , M.D.Pa., November 18, 2009 Frank P. Clark, Clark & Krevsky, LLC, Camp Hill, PA, for Plaintiff. Dean F. Piermattei, Shawn D. Lochinger, Stephanie E. DiVittore, Rhoades & Sinon, LLP, M. Abbegael Giunta, Office of Attorney General, Harrisburg, PA, for Defendants. MEMORANDUM YVETTE KANE, Chief Judge. Before the Court is a motion for a protective order by non-party White Deer Run, Inc. ("White Deer"). (Doc. No. 26.) The motion is opposed by Defendants Infotech Solutions, Inc. and Leonard Tokar ("Defendants") and by Pla... Kathryn MEGONNELL, Plaintiff v. INFOTECH SOLUTIONS, INC. t/d/b/a Avysion It and/or Avysion Healthcare Services, Pamela Hunter and Leonard Tokar, Defendants. , M.D.Pa., November 18, 2009 Frank P. Clark, Clark & Krevsky, LLC, Camp Hill, PA, for Plaintiff. Dean F. Piermattei, Shawn D. Lochinger, Stephanie E. DiVittore, Rhoades & Sinon, LLP, M. Abbegael Giunta, Office of Attorney General, Harrisburg, PA, for Defendants. MEMORANDUM YVETTE KANE, Chief Judge. Pending before the Court are cross-motions for summary judgment by Plaintiff Kathryn Megonnell (Doc. No. 35), Defendant Infotech Solutions (Doc. No. 38), and Defendant Pamela Hunter (Doc. No. 41), with briefs in support (... Lenelle GRAY, Petitioner v. UNITED STATES of America, Respondent. , M.D.Pa., November 18, 2009 Lenelle Gray, Lewisburg, PA, pro se. ORDER YVETTE KANE, Chief Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: Before the Court are Petitioner Lenelle Gray's petition to vacate judgment (Doc. No. 1), Magistrate Judge Mannion's Report and Recommendation (Doc. No. 7), and Petitioner's objections to the Report and Recommendation (Doc. No. 9). In his recommendation, Judge Mannion noted that Petitioner sought to vacate his conviction pursuant to Rule 60(b)(4) & (6) of the Federal Rules of Civ... WALTER BENNETT COMMUNICATIONS OF PENNSYLVANIA, INC. v. Jack K. HIBBARD. , E.D.Pa., November 18, 2009 Mark S. Haltzman, Lamm Rubenstone LLC, Trevose, PA, for Plaintiff. MEMORANDUM FULLAM, Senior District Judge. The plaintiff has filed suit against its former president, the defendant, who left his employ and allegedly took unspecified confidential information with him. The defendant has moved to dismiss claims for misappropriation of trade secrets (Count II), violation of the Pennsylvania Uniform Trade Secrets Act, 53 Pa. Cons.Stat. Ann. § 5301, et seq. (Count V), and violation of the federa... Chris KNOCH, and Lynn Knoch, Plaintiffs, v. J.B. HUNT TRANSPORT, INC., and Michael Gunter, Defendants. , M.D.Pa., November 18, 2009 Michael R. Goffer, Scranton, PA, for Plaintiffs. Gary N. Stewart, Heather E. Klebe, Rawle & Henderson LLP, Harrisburg, PA, for Defendants. MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are the Report and Recommendation ("R & R") of U.S. Magistrate Judge Blewit (Doc. 63), and the Defendants' Objections to the R & R (Doc. 64). The Magistrate Judge recommends that the Defendants' Motion for Summary Judgment (Doc. 38) be denied. The R & R will be adopted, and the m... Gary L. HAKALA, Plaintiff, v. Superintendent KLEM, et al., Defendants. , M.D.Pa., November 18, 2009 Gary L. Hakala, Labelle, PA, pro se. Sean A. Kirkpatrick, Office of Attorney General of the Commonwealth of PA Litigation Section, Harrisburg, PA, for Defendants. MEMORANDUM EDWIN M. KOSIK, District Judge. I. Introduction Presently before the court is a civil rights complaint pursuant to 42 U.S.C. § 1983 filed by Gary L. Hakala, an inmate currently confined at the State Correctional Institution at Fayette, Pennsylvania. The complaint, originally filed in the Eastern District of Pennsylva... Kathryn MEGONNELL, Plaintiff v. INFOTECH SOLUTIONS, INC. t/d/b/a Avysion IT and/or Avysio Healthcare Services, Pamela Hunter and Leonard Tokar, Defendants. , M.D.Pa., November 18, 2009 MEMORANDUM YVETTE KANE, Chief Judge. Pending before the Court is Defendant Infotech Solutions' and Defendant Leonard Tokar's joint motion for leave to file a cross-claim against Defendant Pamela Hunter (Doc. No. 29) and Defendant Hunter's brief in opposition (Doc. No. 33). The motion is briefed and is ripe for disposition. The Court will grant the motion for leave to file a cross-claim. I. BACKGROUND The factual background of this case is outlined in the Court's memorandum and order denyin... Alyssa LAUGHMAN, a minor, by Robert Campbell, Esquire, court-appointed guardian ad litem, Jean C. Laughman, and Tilghman Laughman, Plaintiffs v. ACE AMERICAN INSURANCE, Black & Veatch Corp., Overland Contracting Inc., the Hartford Life and Accident, M.D.Pa., November 18, 2009 MEMORANDUM CHRISTOPHER C. CONNER, District Judge. Presently before the court is a motion (Doc. 40) to dismiss plaintiffs' amended complaint, filed by defendants Black & Veatch Corporation ("B & V") and Overland Contracting, Incorporated ("Overland"). For the reasons that follow, the motion will be denied. I. Factual Background [FN1] FN1. In accordance with the standard of review for a motion to dismiss under Rule 12(b)(1), the court will present the facts as alleged in the complaint, as we... Mary Ann CIARLONE, et al., Plaintiffs, v. CITY OF READING, et al., Defendants. , E.D.Pa., November 18, 2009 MEMORANDUM STENGEL, District Judge. In this § 1983 civil rights case, plaintiffs allege defendants violated their constitutional rights when the defendants searched a property at 513 Oley Street, Reading Pennsylvania. Mary Ann Ciarlone owned the building. Irene Lora, Orazio Gerbino, and Anne Baez each rented apartments at the location from Ms. Ciarlone. Defendants failed to provide notice to the tenants prior to this administrative search, and used a sledge hammer in execution of a search war... Sharlene RAMBERGER, Plaintiff v. GOVERNMENT EMPLOYEE INSURANCE COMPANY, Defendant. , M.D.Pa., November 18, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is Defendant Government Employee Insurance Company's ("GEICO" or "defendant") motion to dismiss the plaintiff's amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The matter has been fully briefed and is ripe for disposition. Background Plaintiff incurred medical bills as the result of a September 2006 automobile accident. (Id. at ¶ 5). Plaintiff had an automobile insurance policy... Charles D. STERLING, Petitioner v. Randall BRITTON, Attorney General of the Commonwealth of Pennsylvania, District Attorney of the County of York, Respondent. , M.D.Pa., November 18, 2009 MEMORANDUM YVETTE KANE, Chief Judge. THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: On February 29, 2008 Petitioner Charles D. Sterling filed a petition for habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1-2.) The petition was transferred to this Court and referred to Magistrate Judge Mannion for a report and recommendation, resulting in the recommendation that the petition be denied as untimely. (Doc. No. 10.) After the filing of the report and recommendation, Sterling filed three doc... Maximo Antonio REYES-VASQUEZ, Petitioner, v. Eric HOLDER, United States Attorney General, Respondent. , M.D.Pa., November 18, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is Magistrate Judge Mannion's Report and Recommendation ("R & R") of June 18, 2009 (Doc. 5) and Petitioner's Objections to the Magistrate Judge's R & R (Doc. 8). Magistrate Judge Mannion recommended that Petitioner's petition for a writ of habeas corpus be dismissed because it is barred by the doctrine of res judicata. (Doc. 5.) This Court will adopt Judge Mannion's R & R for the reasons discussed more fully below. BAC... Derrick BROWN, Plaintiff, v. B.A. BLEDSOE, Warden, et al., Defendants. , M.D.Pa., November 17, 2009 Derrick Brown, Lewisburg, PA, pro se. MEMORANDUM THOMAS I. VANASKIE, District Judge. Background Derrick Lakeith Brown, an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania (USP-Lewisburg), proceeding pro se, filed this civil rights complaint pursuant to 28 U.S.C. § 1331. Accompanying the Complaint is an application requesting leave to proceed in forma pauperis. (Dkt. Entry # 2.) Service of the Complaint was ordered on October 5, 2009. (Dkt. Entry # 9.) ... Roman SALAMACA, Barbara Vandersloot, and the N.V. Bar and Grill, Plaintiffs v. Joseph MUSSO, Officer Hernandez, Officer Steven Buffington, and the City of York, Defendants. , M.D.Pa., November 17, 2009 Don A. Bailey, Harrisburg, PA, for Plaintiffs. Devon M. Jacob, Frank J. Lavery, Jr., Lavery, Faherty, Young & Patterson, P.C., Harrisburg, PA, Donald B. Hoyt, Assistant City Solicitor, York, PA, for Defendants. ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 16th day of November, 2009, upon consideration of the report (Doc. 15) of the magistrate judge, recommending that defendants' motion (Doc. 6) to dismiss be granted in part and denied in part, and, following an independent ... James SWIFT, Plaintiff, v. McKEESPORT HOUSING AUTHORITY, Defendant. , W.D.Pa., November 17, 2009 James Swift, McKeesport, PA, pro se. Jeanette H. Ho, P. Brennan Hart, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION AND ORDER CONTI, District Judge. I. Introduction Pending before the court is the motion to dismiss (the "Motion") (Docket No. 14) filed on April 3, 2009, by defendant McKeesport Housing Authority ("MHA" or "defendant"). In the Motion defendant seeks to dismiss all the claims set forth in the complaint (Docket No. 2) filed, pro se, by James ... Richard BANKS, Judy Banks, Roger McCarren, and Larry Meyer, Plaintiffs, v. Karen GALLAGHER, Anthony Mariano, William Stadnitski, and Dickson City Borough, Defendants. Edward J. Kraft, Jr., Plaintiff, v. Karen Gallagher, Anthony Mariano, and Dick, M.D.Pa., November 17, 2009 Robert J. Magee, Worth, Magee & Fisher, P.C., Allentown, PA, Johanna L. Gelb, Gelb Law Firm, Scranton, PA, for Plaintiffs. Joseph F. McNulty, Jr., Post & Schell, P.C., Allentown, PA, for Defendants. MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are the Report and Recommendation ("R & R") of U.S. Magistrate Judge Mannion (Doc. 91), and Plaintiff Edward Kraft, Jr.'s Objections to the R & R (Doc. 95). [FN1] The R & R recommends that Kraft's Motion for Summary Judg... Buwlus A. MUHAMMAD, Plaintiff, v. U.S. MARSHAL SERVICE, et al., Defendants. , W.D.Pa., November 17, 2009 Buwlus A. Muhammad, Cresson, PA, pro se. Matthew J. McLaughlin, Ridge & McLaughlin, David A. Schroeder, Erie, PA, for Defendants. MEMORANDUM ORDER MAURICE B. COHILL, JR., District Judge. Buwlus Muhammad's complaint was received by the Clerk of Court on February 22, 2007, and was referred to United States Magistrate Judge Susan Paradise Baxter for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for ... Michael BOETTLIN, Jr. v. Paul K. SMEAL, et al. , E.D.Pa., November 17, 2009 ORDER TIMOTHY J. SAVAGE, District Judge. AND NOW, this 17th day of November, 2009, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1), the Respondents' Response to Petition for Writ of Habeas Corpus (Document No. 8), the Petitioner's "Traverse Response" to Respondents' Answer Filed (Document No. 13), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (Document No. 15), the petitioner's objections to the Report and Recommendation ... Charles SIMS, et al. v. VIACOM, INC., et al. , E.D.Pa., November 17, 2009 MEMORANDUM BARTLE, Chief Judge. Before the court is the motion of defendant Viacom, Inc. ("Viacom") to dismiss the amended complaint for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. [FN1] FN1. In this motion, defendant Viacom also contends that defendant VH1 is the trademark name of a cable television programming service operated by Viacom and is not a legal entity capable of being sued. Plaintiffs do not counter this ... Amy L. HILTABIDEL, Plaintiff, v. UNIONTOWN NEWSPAPERS, INC., Defendant. , W.D.Pa., November 17, 2009 MEMORANDUM OPINION AND ORDER TERRENCE F. McVERRY, District Judge. Pending before the Court are DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Document No. 46), and DEFENDANT'S CONCISE STATEMENT OF MATERIAL FACTS (Doc. # 47), with brief in support and Appendix. Plaintiff filed a response in opposition to the motion (Doc. # 50), a concise statement of material facts in support of the response in opposition (Doc. # 51), and a response to Defendant's Concise Statement of Material Facts (Doc. # 52). Th... Jacqueline M. ROBINSON f/k/a Jacqueline M. Cox and Jeffrey M. Robinson, Plaintiffs, v. COUNTY OF ALLEGHENY, Allegheny County Dept. Of Human Services Office of Children, Youth, and Families, Brooke Jordan and Deborah Sadler Kimes, Defendants. , W.D.Pa., November 17, 2009 OPINION and ORDER OF COURT AMBROSE, District Judge. Synopsis A Mother contends that the County, its Children and Families Department, and its employees, deprived her of various constitutional interests when it conducted an investigation into allegations of child abuse. The Defendants contend that the 42 U.S.C. § 1983 and related state claims are untimely. I agree. The Motion to Dismiss is granted. Analysis Plaintiff Jacqueline Robinson ("Robinson") [FN1] had a minor child with David Bertus ("... Jay V. YUNIK, Plaintiff v. Catherine C. McVEY, Chairperson--Pennsylvania Board of Probation and Parole; Michael L. Green, Member--Pennsylvania Board of Probation and Parole; Jeffrey R. Imboden, Member--Pennsylvania Board of Probation and Parole; Ma, W.D.Pa., November 17, 2009 MEMORANDUM ORDER DONETTA W. AMBROSE, District Judge. The above-captioned pro se civil rights action was received by the Clerk of Court and was referred to then United States Magistrate Judge Amy Reynolds Hay for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the then in-force Local Rules 72.1.3 and 72.1.4, which do not materially differ from the now in force Local Civil Rules 72.C and D. The now Chief Magistrate Judge's Report, Dkt. [32], file... Richard W. DAVIS, Plaintiff, v. AK STEEL CORPORATION and AK Steel Corporation Benefit Plans Administrative Committee, Defendants. , W.D.Pa., November 17, 2009 Opinion MAURICE B. COHILL, JR., Senior District Judge. Plaintiff Richard W. Davis commenced this action seeking Long Term Disability Payments pursuant to ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), against his former employer, AK Steel Corporation, and the Long Term Disability Plan Administrator, AK Steel Corporation Benefit Plans Administrative Committee. Mr. Davis asserts that he is eligible for Long Term Disability benefits under the Plan, but that Defendants failed to provide him wit... Patricia BRUNSON, Individually and as Administratrix of the Estate of Dorothea C. Brunson, deceased, Plaintiff, v. The UNITED STATES of America c/o U.S. Dept. of Health & Human Services, Defendant. , E.D.Pa., November 17, 2009 MEMORANDUM OPINION TUCKER, District Judge. Presently before this Court is Defendant's Motion for Judgment on the Pleadings (Doc. 6) and Plaintiff's Response thereto (Doc. 8). For the reasons stated below, the Court will deny Defendant's Motion. FACTUAL BACKGROUND Plaintiff Patricia Brunson ("Plaintiff") is the daughter of, and administratrix of the estate of, Dorothea C. Brunson ("Brunson"). On March 11, 2007, Brunson died from cervical cancer at the age of fifty-three (53). Defendant Depar... Chawezi MWANTEMBE, et al. v. TD BANK, N.A., et al. , E.D.Pa., November 17, 2009 Leonard V. Fodera, Silverman & Fodera, PC, Daniel C. Levin, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Michael E. Berman, Michael E. Berman PC, Long Beach, NY, for Plaintiffs. Angelo A. Stio, III, Pepper Hamilton LLP, Princeton, NJ, Eric J. Goldberg, Stephen G. Harvey, Pepper Hamilton LLP, Philadelphia, PA, for Defendants. MEMORANDUM OPINION SAVAGE, District Judge. Introduction This putative consumer class action asserting causes of action under Pennsylvania law for the defendant... Thomas SCAVELLO, et al., Plaintiffs, v. TOWNSHIP OF SKIPPACK, et al., Defendants. , E.D.Pa., November 16, 2009 MEMORANDUM AND ORDER JOYNER, District Judge. This dispute has been brought before the Court on Defendants Mark Menapace, Marianne Menapace, George Bowen, Barbara Bowen, Carol Cross, David Carhart, and Amy Carhart's Motion for Attorneys' Fees pursuant to 42 U.S.C. § 1988. For the reasons articulated below, Defendants' Motion for Attorneys' Fees (Doc. No. 148) shall be GRANTED. Background Plaintiffs' federal claim centers around a series of actions that occurred in the Township of Skippack an... Antoinette COLLAZO v. OPTION ONE MORTGAGE CORP., et. al. , E.D.Pa., November 16, 2009 Matthew B. Weisberg, Consumer Justice Alliance, Morton, PA, for Plaintiff. John E. Lucian, Tyler Brody, Blank Rome LLP, Philadelphia, PA, for Defendants. MEMORANDUM AND ORDER JOYNER, District Judge. This civil action has been brought before the Court for adjudication of the Defendants' [FN1] Motion for Judgment on the Pleadings. The motion shall be granted for the reasons given in the paragraphs which follow. FN1. Although filed by the attorney for Defendant Option One Mortgage ... Kenneth WILLIAMS, Petitioner v. Warden Paul J. STOWITSKY, et al., Respondents. , M.D.Pa., November 16, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. I. Introduction Petitioner Kenneth Williams (Williams), an inmate currently incarcerated at the State Correctional Institution at Greene in Waynesboro, Pennsylvania, commenced this action by filing a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Western District of Pennsylvania. (Doc. 1-2.) [FN1] The matter was subsequently transferred to this Court. Mr. Williams seeks to challe... Kuriakose T. JOSEPH v. Commonwealth of PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION. , E.D.Pa., November 16, 2009 ORDER THOMAS N. O'NEILL, JR., District Judge. AND NOW, this 16th day of November 2009, upon consideration of defendant's motion for summary judgment, plaintiff's response in opposition, defendant's reply and plaintiff's surreply it is hereby ORDERED that defendant's motion is GRANTED. Judgment is hereby entered against plaintiff Kuriakose T. Joseph and in favor of defendant Commonwealth of Pennsylvania, Department of Environmental Protection. MEMORANDUM On March 13, 2009, plaintiff Kuriakos... Charles DAVIS, Plaintiff, v. The COUNTY OF WESTMORELAND and the Westmoreland County Prison, Defendants. , W.D.Pa., November 16, 2009 ORDER JOY FLOWERS CONTI, District Judge. AND NOW, this 16th day of November, 2009, after the plaintiff, Charles Davis, filed an action in the above-captioned case, and after defendants filed a Motion to Partially Dismiss for Failure to State a Claim Pursuant to F.R.C.P. 12(b)(6) or, Alternatively, Motion for More Definite Statement Pursuant to F.R.C.P. 12(e), and after a Report and Recommendation was filed by the Chief United States Magistrate Judge granting the parties until November 12, 200... Brett Lawrence MILBOURNE v. Wayne BROWN, et al. , E.D.Pa., November 16, 2009 MEMORANDUM LUDWIG, District Judge. This is a prisoner civil rights case filed under 42 U.S.C. § 1983. Defendant Wayne Brown moves for dismissal on the ground that because of the long delay in service of the amended complaint, personal jurisdiction over him is lacking. His motion will be denied. On October 29, 2007, plaintiff Brett Lawrence Milbourne, then pro se, filed a motion to proceed in forma pauperis and a complaint. On November 5, 2007, he filed an amended complaint. On November 13,... UNITED STATES of America v. Tracy CLARK. , E.D.Pa., November 16, 2009 MEMORANDUM ROBERT F. KELLY, Senior District Judge. Presently before the Court is Petitioner Tracy Clark's ("Clark" or "Petitioner") pro se Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, this Motion is denied. I. BACKGROUND On July 26, 2001, a federal grand jury in the Eastern District of Pennsylvania returned an indictment charging Tracy Clark with one count of being a felon in possession of a firearm in violation of 18 U.S.C... Derrick L. BROWN, Plaintiff, v. State of TENNESSEE, et al., Defendants. , M.D.Pa., November 16, 2009 MEMORANDUM THOMAS I. VANASKIE, District Judge. Background This pro se civil rights action was initiated by Derrick L. Brown, an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania (USP-Lewisburg). Along with his complaint, Brown has submitted an application requesting leave to proceed in forma pauperis. (Dkt. Entry # 3.) For the reasons set forth below, Brown's action will be dismissed, without prejudice, pursuant to the screening provisions of 28 U.S.C. § 191... Alison T. MAGERA, Plaintiff, v. The LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant. , M.D.Pa., November 16, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are the Motion for Summary Judgment of Defendant Lincoln National Life Insurance Company ("Lincoln") and Plaintiff Alison T. Magera's ("Magera") Cross-Motion for Summary Judgment. (Docs.38, 41.) For the reasons provided below, Defendant's motion will be granted and Plaintiff's motion will be denied. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331. BACKGROUND 1. FACTUAL BACKGROUND From June 19, ... Derrick Lakeith BROWN, Plaintiff, v. Harley LAPPIN, et al., Defendants. , M.D.Pa., November 16, 2009 MEMORANDUM THOMAS I. VANASKIE, District Judge. Background Derrick Lakeith Brown, an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania (USP-Lewisburg), proceeding pro se, filed this civil rights complaint pursuant to 28 U.S.C. § 1331. Accompanying the Complaint is an application requesting leave to proceed in forma pauperis. (Dkt. Entry # 2.) For the reasons set forth below, Brown's action will be dismissed, without prejudice, pursuant to the screening provis... John J. TAURO, Plaintiff, v. Max BAER, Kathleen R. Mulligan Joan Orie-Melvin, Yet Unnamed Employees of the Domestic Relations Section of Family Division, Individually, Defendants. , W.D.Pa., November 16, 2009 MEMORANDUM OPINION CONTI, District Judge. I. Introduction Pending before the court is the motion to dismiss (the "Motion") (Docket No. 9) filed on March 3, 2009, by judicial defendants Max Baer ("Justice Baer"), Kathleen R. Mulligan ("Judge Mulligan"), and Joan Orie- Melvin ("Judge Orie-Melvin") (collectively, "defendants"). The Motion seeks to dismiss the complaint (Docket No. 3) filed, pro se, by John T. Tauro ("Tauro" or "plaintiff") on December 16, 2008. Defendants executed and returned w... Suzanne M. McSHANE Executrix of the Estate of John Cheroke, Deceased, Plaintiff v. MERCHANTS INSURANCE COMPANY, Defendant. , W.D.Pa., November 16, 2009 MEMORANDUM ORDER TERRENCE F. McVERRY, District Judge. Pending before the Court is Defendant Merchants Insurance Company ("Merchants") F.R.C.P. 12(b)(6) MOTION TO DISMISS PLAINTIFF'S CLAIM FOR BREACH OF CONTRACT, COUNT 1 OF COMPLAINT, AND/OR F.R.C.P. 12(f) MOTION TO STRIKE CLAIMS/ALLEGATIONS RELATING TO COMPENSATORY AND/OR CONSEQUENTIAL DAMAGES (Document No. 5). Defendant filed a brief in support of the motion, Plaintiff Suzanne M. McShane ("McShane") filed a response, and the motion is ripe ... Ana Maria Hernandez ROMERO, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Pa., November 16, 2009 Thomas D. Sutton, Leventhal Sutton & Gornstein, Trevose , PA, for Plaintiff. Dina White Griffin, Offc. of the General Counsel, Philadelphia, PA, Eda Giusti, Social Security Administration, Philadelphia, PA, for Defendant. ORDER GENE E.K. PRATTER, District Judge. AND NOW, this 13th day of November, 2009, upon consideration of the Plaintiff's Request for Review, Defendant's Response to the Request for Review and Motion to Remand, and Plaintiff's Reply, and after careful review of the Repor... Guan SHUQIN, Plaintiff, v. Ben RAFOTH and Indiana University of Pennsylvania, Defendants. , W.D.Pa., November 16, 2009 MEMORANDUM OPINION AND ORDER OF COURT DONETTA W. AMBROSE, District Judge. Pending before the Court is a motion to dismiss filed by the Defendants pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. No. 32. For the reasons that follow, that motion will be granted. Because no amendment to the complaint could remedy the relevant deficiencies, the Plaintiff will not be given leave to amend her complaint. I. Background Since this matter comes before the Court on a motion to dismiss, the ... Janice S. HAAGENSEN, Plaintiff, v. PENNSYLVANIA STATE POLICE, et al., Defendants. , W.D.Pa., November 16, 2009 Janice S. Haagensen, Enon Valley, PA, for Plaintiff. Douglas B. Barbour, Office of Attorney General, Pittsburgh, PA, Jonathan Solomon, New Castle, PA, for Defendants. Cathy Vasko, Aliquippa, PA, pro se. MEMORANDUM ORDER DONETTA W. AMBROSE, District Judge. On May 27, 2008, Plaintiff, Janice S, Haagensen, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 against Defendants, the Pennsylvania State Police, three State Police Troopers (Christian Winter, Clyde Jones and Todd... Michael L. DILLON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Pa., November 16, 2009 Jon M. Lewis, Greensburg, PA, for Plaintiff. Jessica Smolar, United States Attorney's Office, Pittsburgh, PA, for Defendant. OPINION and ORDER OF COURT SYNOPSIS AMBROSE, District Judge. Pending before the Court are Cross-Motions for Summary Judgment. (Docket Nos. 11 and 13). Both parties have filed Briefs in Support of their Motions. (Docket Nos. 12 and 14). After careful consideration of the submissions of the parties, and for the reasons discussed below, Plaintiff's Motion (Docket No.... Learly Reed GOODWIN, Petitioner v. Ricardo MARTINEZ, Warden, Respondent. , M.D.Pa., November 16, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court is petitioner's motion for reconsideration (Doc. 14) of the court's order adopting the report and recommendation of Magistrate Judge Thomas M. Blewitt, which proposed that the court dismiss the instant petition for a writ of habeas corpus. Background On March 13, 2009, Learly Reed Goodwin filed the instant petition for a writ of habeas corpus in this court. Petitioner contends that the court that sentenced him failed to establish... John PASSMORE, Petitioner, v. Raymond SORBINA, Respondent. , E.D.Pa., November 16, 2009 PINION TUCKER, District Judge. Presently before this Court are the Petition for Writ of Habeas Corpus filed by John Passmore (Doc. 1) ("Petition"); the Report and Recommendation of the Honorable Timothy R. Rice, United States Magistrate Judge (Doc. 26) ("Report and Recommendation"); Petitioner's Objections thereto (Doc. 33) ("Objections"); Petitioner's Motion for a Court Order Direct[ing] State Correctional Institution Albion to Produce Copy of Petition[er]'s Mental Health Record[s] (Doc. 34)... DCNC NORTH CAROLINA I, L.L.C and Goose Marsh, L.L.C., Appellants, v. WACHOVIA BANK, N.A., Appellee. , E.D.Pa., November 13, 2009 MEMORANDUM NORMA L. SHAPIRO, Senior District Judge. This is an appeal from the Order of the bankruptcy court on July 13, 2009, dismissing the debtors' Chapter 11 petitions for cause. This court has jurisdiction over appeals of final judgments and orders of the bankruptcy court under 28 U.S.C. § 158(a)(1). The district court acts as an appellate tribunal and is governed by traditional standards of appellate review. The decision to dismiss a Chapter 11 petition is committed to the sound disc... UNITED STATES of America v. Ronald HARMON. , E.D.Pa., November 13, 2009 MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION Petitioner, Ronald Harmon, is serving a 180-month federal prison sentence, having been convicted of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e) (Count One), and simple possession of narcotics, in violation of 21 U.S.C. § 844 (Count Two). Sentence was imposed on May 2, 2007, and was based on the Court's determination that Harmon, as an Armed Career Criminal, was subject to a mandatory minimum... OPTIMAL INTERIORS, LLC, Plaintiff, v. The HON COMPANY, Defendant. , E.D.Pa., November 13, 2009 MEMORANDUM OPINION AND ORDER RUFE, District Judge. Plaintiff Optimal Interiors, LLC ("Optimal Interiors") brings this action against Defendant The HON Company ("HON"), alleging breach of contract and breach of the covenant of good faith and fair dealing. This Court maintains subject matter jurisdiction over the action pursuant to 28 U.S.C. § 1332. Now before this Court is Defendant's Motion to Transfer Venue to the United States District Court for the Southern District of Iowa pursuant to 28 ... UNITED STATES of America v. Samuel J. MANFREDI and Marilyn T. Manfredi, Defendants. , W.D.Pa., November 13, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Presently before the Court are Defendants Samuel J. Manfredi and Marilyn T. Manfredi's Notice of Intent to Offer Evidence Pursuant to Federal Rule of Evidence 807 (Docket No. 121) [FN1], the Government's Motion in Limine Regarding the Defendants' Intention to Introduce Testimony of Elsie Urban Under Rule 807 (Docket No. 171), and the Defendants' Brief in Opposition to the Government's Motion in Limine (Docket No. 175). In their Notice, the... Alea LONDON and Atrium Underwriters Limited, Plaintiffs, v. PA CHILD CARE, LLC, Robert Powell, and Gregory Zappala, Defendants. , M.D.Pa., November 13, 2009 Michael J. Cawley, Wilson Elser Moskowitz Edelman & Dicker LLP, Philadelphia, PA, for Plaintiffs. MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Presently before the Court is the Complaint of Plaintiffs Alea London and Atrium Underwriters Limited against Defendants PA Child Care, LLC, Robert Powell, and Gregory Zappala. (Doc. 1.) Federal courts have an obligation to address issues of subject matter jurisdiction sua sponte. Meritcare Inc. v. St. Paul Mercury Ins. Co., 166 F.3d 214, 217 ... William FERRARI, Plaintiff, v. TABACOS USA, INC., Defendant. , M.D.Pa., November 13, 2009 Frank J. Tunis, Neal Michael Thatcher, Wright & Reihner, P.C., Scranton, PA, for Plaintiff. MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Presently before the Court is the Complaint of Plaintiff William Ferrari against Defendant Tabacos USA, Inc. (Doc. 1.) Federal courts have an obligation to address issues of subject matter jurisdiction sua sponte. Meritcare Inc. v. St. Paul Mercury Ins. Co., 166 F.3d 214, 217 (3d Cir.1999). Plaintiff alleges that this Court's basis for jurisdiction ... UNITED STATES of America v. Thomas Edward THROCKMORTON. , W.D.Pa., November 13, 2009 ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before for the Court for disposition is the MOTION TO RECONSIDER DENIAL OF MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO TITLE 28 USC 2255, DENIAL OF EVIDENTIARY HEARING, AND DENIAL OF CERTIFICATE OF APPEALABILITY filed by Thomas Edward Throckmorton, pro se (Document No. 128). By Memorandum Opinion and Order of October 22, 2009, the Court denied the MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE PURSUANT TO TITLE ... PROVIDENCE TOWN CENTER LP, Plaintiff, v. RAYMOURS FURNITURE COMPANY, INC., Defendant. , E.D.Pa., November 13, 2009 MEMORANDUM RE: MOTION TO STRIKE BAYLSON, District Judge. I. INTRODUCTION Plaintiff Providence Town Center LP ("Providence") and Defendant Raymours Furniture Co. ("Raymours") entered into a lease agreement ("Lease") respecting commercial property. Providence commenced this action, alleging, inter alia, that Raymours breached the Lease. Presently before the Court is Raymours's Motion to Strike Paragraphs 19 and 49 of Providence's Complaint pursuant to Federal Rule of Civil Procedure 12(f) ("Rul... Bryon K. ALTENBACH, Individually and on behalf of all others similarly situated, Plaintiffs v. The LUBE CENTER, INC., Defendants. , M.D.Pa., November 13, 2009 MEMORANDUM YVETTE KANE, Chief Judge. Before the Court is Plaintiff's unopposed motion for conditional class certification (Doc. No. 26) and motion to compel disclosure of names and contact information for all potential opt-in employees (Doc. No. 29.) The motions are ripe for disposition. For the following reasons, the motions will be granted. I. BACKGROUND Plaintiff, Bryon K. Altenbach, claims that the Defendant, the Lube Center Inc., violated the Fair Labor Standard Act ("FLSA"), 29 U.S.C... Joel S. ARIO, Commissioner of Insurance for the Commonwealth of Pennsylvania, as Liquidator of American Integrity Insurance Company, Plaintiff v. COLOGNE REINSURANCE (BARBADOS), LTD., Defendant. , M.D.Pa., November 13, 2009 MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction This action was initiated by M. Diane Koken, as the Liquidator of American Integrity Insurance Company to recover on a reinsurance agreement American Integrity had with defendant, Cologne Reinsurance (Barbados), Ltd. [FN1] The action was filed in the Pennsylvania Commonwealth Court, but removed here by Defendant. After removal, we required the parties to arbitrate the dispute, as the reinsurance agreement provided. Koken v. Colo... Michael A. JANNUZZI, and, Debra Jannuzzi, Plaintiffs, v. The BOROUGH OF EDWARDSVILLE, et al., Defendants. , M.D.Pa., November 13, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before this Court is Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. 6) for failure to state a claim under Rule 12(b)(6). Fed. R. Civ. Pro. 12(b)(6). Defendants' motion will be granted in part and denied in part due to municipal immunity, the statute of limitations, and failure to state a claim. This Court has jurisdiction over the federal causes of action pursuant to 28 U.S.C. § 1331 (federal question), and has jurisdiction ov... SHENKEL UNITED CHURCH OF CHRIST v. NORTH COVENTRY TOWNSHIP. , E.D.Pa., November 13, 2009 MEMORANDUM SURRICK, District Judge. Presently before the Court is Defendant's Motion to Dismiss Plaintiff's Amended Complaint. (Doc. No. 10.) For the following reasons, the Motion will be granted. I. BACKGROUND Plaintiff Shenkel United Church of Christ (the "Church") is a Pennsylvania non-profit corporation that owns and operates a small, rural church in North Coventry Township, Pottstown, Pennsylvania (the "Township"). (Am.Compl.¶ 1.) The Church, which was organized in 1837, describes its... FRONTIER CONSTRUCTION COMPANY, INC., Plaintiff, v. Nicholas M. MAZZELLA and Richard L. Abbott, Defendants. , W.D.Pa., November 13, 2009 MEMORANDUM WILLIAM L. STANDISH, District Judge. I. INTRODUCTION In this civil action, Plaintiff, Frontier Construction Company, Inc., seeks damages from Defendants, Nicholas M. Mazzella (individually, "Mazzella") and Richard L. Abbott (individually, "Abbott"), for breach of the duty of loyalty (Count I), breach of fiduciary duty (Count II), unfair competition (Count III) and civil conspiracy (Count IV). [FN1] Presently before the Court is Defendants' motion to dismiss Plaintiff's complaint un... UNITED STATES, v. Edward KAPLAN, et al. , E.D.Pa., November 13, 2009 Joel D. Goldstein, U.S. Attorney's Office, Philadelphia, PA, for United States. Dennis J. Cogan, Cogan Petrone & Associates, Leonard Mason, FDC Philadelphia, Kenneth L. Mirsky, Anthony J. Petrone, Jonathan J. Sobel, Peter A. Levin, William T. Lawson, III, Philadelphia, PA, Michael E. Brunnabend, Allentown, PA, John F. Renner, Marlton, NJ, for Edward Kaplan, et al. MEMORANDUM SCHILLER, District Judge. In a nine-count Second Superseding Indictment, the Government charges Defendants Edward ... Andrew KUNISKAS, Plaintiff, v. Joseph WALSH, George Skumanick, Demetrius Fannick, John Doe 1, and John Doe 2, Defendants. , M.D.Pa., November 13, 2009 MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Presently before the Court are two motions by Plaintiff Andrew Kuniskas. First, a motion for reconsideration (Doc. 29) of this Court's orders (Docs.23- 24) granting Defendant Skumanick's Motion to for Judgment on the Pleadings (Doc. 12) and Defendant Fannick's Motion to Dismiss (Doc. 10). Both motions were granted because the Plaintiff failed to file a brief in opposition, and then failed to comply with this Court's specific orders. (Docs.18... James S. THOMPSON; Rae Lynn Sigwalt; Mrs. Rich Check; Brian Vernon; Eunice Thompson-Leake, and all similarly situated, Plaintiffs, v. Norman HOWARD, Redstone Township Policeman; Roy Mehalik, Luzerne Township Policeman; Redstone Township; Luzerne To, W.D.Pa., November 13, 2009 MEMORANDUM OPINION ON MOTION TO CERTIFY CLASS ACTION AND MOTION FOR APPOINTMENT OF COUNSEL. LENIHAN, United States Magistrate Judge. James S. Thompson [hereinafter Plaintiff] brings this case before United States Magistrate Judge Lisa P. Lenihan. Plaintiff filed a civil rights action based upon his alleged harassment, prior to his incarceration, by Officer Norman Howard of Redstone Township and Officer Roy Mehalik of Luzerne Township. Plaintiff is currently incarcerated, is proceeding pro se,... Dennis McKEITHAN, Plaintiff, v. Jeffrey A. BEARD, et al., Defendants. , W.D.Pa., November 13, 2009 MEMORANDUM AND ORDER GARY L. LANCASTER, Chief Judge. Dennis McKeithan is a state prisoner currently incarcerated in the State Correctional Institution at Coal Township, Pennsylvania. Plaintiff alleges that he has been denied access to his legal materials by prison officials, and that this prevents him from responding to the Motion for Summary Judgment filed by Defendants Yarcgwer and Myers (Plaintiff's response is presently due November 18, 2009 (Doc. 176)). Plaintiff filed an Emergency Motio... Abiodun S. SOWEMIMO, Plaintiff v. Joanne THOMAS; John Does; PNC Bank National Financial Services Group, Defendants. , W.D.Pa., November 13, 2009 ORDER GARY L. LANCASTER, Chief Judge. AND NOW, this 12 day of November, 2009, after the Plaintiff, Abiodun S. Sowemimo, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the Plaintiff until October 27, 2009, to file written objections thereto, and upon consideration of the objections filed by plaintiff which are without merit, and upon independent review of the record, and upon consideration of the Magis... Pedro JIMINEZ, Defendant, v. UNITED STATES of America. , E.D.Pa., November 12, 2009 Memorandum YOHN, District Judge. I. Introduction Pursuant to Federal Rule of Civil Procedure 60(b)(5) and (6), Pedro Jiminez moves for relief from his conviction and sentence for possession with intent to distribute and distribution of heroin (two counts), in violation of 21 U.S.C. § 841(a)(1). Jiminez argues that he is entitled to have these two counts vacated because they are lesser-included offenses of possession with intent to distribute and distribution of heroin within 1,000 feet of a p... UNITED STATES v. Cendano HOLYFIELD. , W.D.Pa., November 12, 2009 OPINION AND ORDER DONETTA W. AMBROSE, District Judge. SYNOPSIS In this criminal action, Defendant pleaded guilty to several counts of an indictment against him, including Count I, possession of a firearm by a convicted felon, 18 U.S.C. § 9229g) (1). He was sentenced on February 21, 2006, by Judge Hardiman. The Court of Appeals affirmed the judgment of this Court on March 26, 2008, and the Supreme Court later denied certiorari. Before the Court is Defendant's Motion to Vacate under 28 U.S.C.... Jennifer BIRCHALL, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., a/k/a Countrywide Bank, N.A., et al., Defendants. , E.D.Pa., November 12, 2009 Matthew B. Weisberg, Rebecca Steiger, Prochniak & Weisberg P.C., Morton, PA, for Plaintiff. Martin C. Bryce, Jr., Cecilia Isaacs-Blundin, Ballard Spahr Andrews and Ingersoll, L.L.P., Philadelphia, PA, for Defendants. MEMORANDUM PRATTER, District Judge. In her Second Amended Complaint, Plaintiff Jennifer Birchall has sued Defendant Countrywide Home Loans, Inc. ("Countrywide") for "wrongful use" and fraud, and pursuant to the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 7... William A. MORGAN, Plaintiff, v. COVINGTON TOWNSHIP, Sgt. Bernard Klocko, Individually, Thomas M. Yerke, Township Chairman, Individually, Defendants. , M.D.Pa., November 12, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is Defendants' Motion to Dismiss (Doc. 7.) This Court will grant the Motion to Dismiss because Plaintiff's claim is barred by claim preclusion. BACKGROUND 1. FACTUAL BACKGROUND Plaintiff William A. Morgan ("Morgan") filed the instant complaint on April 9, 2009. (Doc. 1.) In the complaint, he alleges that he was a police officer for Covington Township for six (6) years. (Doc. 1, ¶ 8.) On August 17, 2007, Morgan was inde... Ted A. McCRACKEN, Plaintiff, v. EXXON/MOBIL COMPANY et al., Defendants. , E.D.Pa., November 12, 2009 MEMORANDUM OPINION GOLDBERG, District Judge. This case stems from Plaintiff's claim that he contracted thyroid cancer while driving vehicles fueled by Defendants' products. Plaintiff has sued a multitude of gasoline/oil companies. This is not the first time Plaintiff has raised these claims in this Court. [FN1] FN1. See McCracken v. ConocoPhillips Co., 2009 WL 1911764 (E.D.Pa. July 9, 2009)McCracken v. Damiler Chrystler Motors Co. LLC, 2009 WL 1213481 (E.D. Pa May 4, 2009) ; McCrac... Robert T. PRITCHARD and Elizabeth Ann Pritchard, Plaintiffs, v. DOW AGRO SCIENCES, a division of Dow Chemical Company, Southern Mill Creek Products of Ohio, and Residex Products, Defendants. , W.D.Pa., November 12, 2009 David B. Rodes, Goldberg, Persky & White, P.C., Pittsburgh, PA, for Plaintiffs. Brad E. Rago, Barnes & Thornburg LLP, Chicago, IL, Kimberly A. Brown, Vincent M. Roskovensky, Thorp, Reed & Armstrong, Pittsburgh, PA, William E. Padgett, Barnes & Thornburg LLP, Indianapolis, IN, for Defendants. MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. INTRODUCTION Presently before the Court are several motions related to Plaintiffs Robert T. Pritchard and Elizabeth Ann Pritchard's proff... Raj Karee EDGE, Petitioner v. Robert LAWLER; The Attorney General of the State of Pennsylvania, Respondents. , W.D.Pa., November 12, 2009 Raj Karee Edge, Huntingdon, PA, pro se. Rusheen R. Pettit, Office of the District Attorney, Pittsburgh, PA, for Respondents. MEMORANDUM OPINION AMY REYNOLDS HAY, United States Chief Magistrate Judge. Raj Karee Edge ("Petitioner"), a state prisoner, was convicted in a jury trial of first degree murder and conspiracy in the shooting death of Jason Faulk. Petitioner has filed a federal habeas petition pursuant to Section 2254, attacking his convictions. Unfortunately, the habeas petition is... UNITED STATES of America v. Johnny COBB, Defendant. , E.D.Pa., November 12, 2009 Elizabeth F. Abrams, U.S. Attorney's Office, Philadelphia, PA, for United States of America. Raymond D. Roberts, Solo Practitioner, Philadelphia, PA, for Defendant. MOTION TO SUPPRESS EVIDENCE FINDINGS OF FACT AND CONCLUSIONS OF LAW RUFE, District Judge. The Indictment in the above-captioned case charges Defendant Johnny Cobb ("Defendant" or "Cobb") with twenty-three (23) counts, including allegations of conspiracy, the use of a counterfeit access device, the attempt to use a counterfeit... Jamie HOUSEKNECHT, Plaintiff, v. Sandra BRULO, et al., Defendants. , M.D.Pa., November 12, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are the Report and Recommendation ("R & R") of U.S. Magistrate Judge Malachy E. Mannion (Doc. 85), and Plaintiff Jamie Houseknecht's Objections to the R & R (Doc. 100). The Magistrate Judge recommends that the Motion to Dismiss by Defendants Sandra Brulo, Walter Symons, and Tom Lavan (Doc. 53) be granted. The R & R will be rejected, but the Motion to Dismiss will be granted. BACKGROUND The Plaintiff's allegations which... JOHN DEERE COMPANY, Appellant, v. Eugene HAVERLAK and Carol Haverlak, Appellees. , M.D.Pa., November 12, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. This appeal from the Bankruptcy Court presents the question of whether the Consent Judgment ordered on March 10, 2006 constitutes a lien against all property of Debtors/Appellees or is limited to the property noted in Paragraph 7 of the Consent Judgment. The Bankruptcy Judge determined that the lien of the Consent Judgment was limited to the property in Paragraph 7 of the Consent Judgment. I agree, and will affirm the judgment of the Bankruptcy Co... Ernest PORTER, Plaintiff, v. Jeffrey A. BEARD, et al., Defendants. , W.D.Pa., November 12, 2009 Ernest Porter, Waynesburg, PA, pro se. Paul R. Scholle, Office of the Attorney General, Pittsburgh, PA, for Defendants. ORDER CATHY BISSOON, United States Magistrate Judge. Ernest Porter is a state prisoner incarcerated at the State Correctional Institution at Greene, located in Waynesburg, Pennsylvania. Plaintiff alleges in his Amended Complaint (Doc. 13) that a Defendant Dennison threw out the contents of Plaintiff's Native American "medicine bag," thereby violating his right to freedo... Joseph B. COLE, a minor, by his Parents and Guardians, David N. COLE and Frances P. Cole, Plaintiffs, v. BIG BEAVER FALLS AREA SCHOOL DISTRICT, Defendant. , W.D.Pa., November 12, 2009 Albert A. Torrence, Beaver, PA, for Plaintiffs. Joseph L. Luvara, Dickie, McCamey & Chilcote, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION LISA PUPO LENIHAN, United States Magistrate Judge. The above-captioned case involves a tragic accident involving minor Plaintiff Joseph B. Cole, whose fingers were severed when using a table saw in the Industrial Materials Classroom located within the Big Beaver Falls Area Senior High School. Parents David N. Cole and Francis P. Cole bring this a... Dimitrios KALOGERAKIS and Margaret Kalogerakis, Plaintiffs, v. Michael T. CHEW, Defendant. , M.D.Pa., November 12, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. This case was heard without a jury on September 29, 2009 and September 30, 2009, and this Memorandum, Findings of Fact and Conclusions of Law are being written from the Court's hearing of the case, and its trial notes. It involved an intersection collision wherein the Plaintiff, Dimitrios Kalogerakis, was traveling eastbound on State Route 248 in Carbon County in his 1995 Honda Accord when he struck a 28 foot Peterbilt dump truck driven by the Def... UNITED STATES of America v. Robert DALES. , E.D.Pa., November 12, 2009 MEMORANDUM DIAMOND, District Judge. On October 21, 2009, a jury convicted Defendant Robert Dales of conspiracy to commit armed bank robbery, armed bank robbery, and carrying a firearm during a crime of violence. 18 U.S.C. §§ 2, 371, 924(c), 2113(d) (2008). At trial, I permitted the Government to introduce the "proffer statements" Dales had earlier made to the FBI. I write here to explain more fully the basis of that ruling. I. Background On July 24, 2008, the grand jury charged Dales, Dant... Lavon Cecil SMITH, Jr., Petitioner v. Dawn CHAMBERLAIN; the District Attorney of the County of Allegheny; the Attorney General of the State of Pennsylvania, Respondents. , W.D.Pa., November 12, 2009 MEMORANDUM OPINION AMY REYNOLDS HAY, United States Chief Magistrate Judge. Lavon Cecil Smith ("Petitioner"), a state prisoner, was convicted in a bench trial of first degree murder in the stabbing death of his wife and of aggravated assault in the contemporaneous stabbing attack on their teenaged daughter. Petitioner has filed a federal habeas petition pursuant to Section 2254, attacking his convictions. Unfortunately, the habeas petition is not a model of clarity. However, Petitioner does ra... Richard C. ANGINO, Alice K. Angino, and Angino & Rovner, P.C., Plaintiffs v. Robert P. GRUBIC, P.E., Herbert, Rowland & Grubic Susquehanna Township, Jacqueline Patton, Wendy Johnson, Ira Shapiro, Diane Bowman, Stanley R. Lawson, Sr., Frank Lynch, S, M.D.Pa., November 12, 2009 MEMORANDUM CHRISTOPHER C. CONNER, District Judge. This is a case brought by plaintiffs Richard C. Angino, Alice K. Angino, and Angino & Rovner, P.C. (collectively "plaintiffs"), pursuant to 42 U.S.C. § 1983. [FN1] Plaintiffs seek monetary and injunctive relief for governmental violations of their constitutional rights to due process and equal protection. Defendants are Susquehanna Township, various employees of Susquehanna Township, [FN2] (collectively "township defendants"), Robert P. Grubic... Lori SMITH and Rob Fam, Inc., t/a Liberty Square Cafe, Plaintiffs v. CITY OF LEBANON, Lawrence Minnick, David Lear, and Robert Anspach, Defendants. , M.D.Pa., November 12, 2009 MEMORANDUM CHRISTOPHER C. CONNER, District Judge. This civil rights case stems from plaintiff Lori Smith's notion that the Constitution affords her the right "to engage in the business enterprise of [her] choosing" free from government interference and irrespective of the criminal laws. (Doc. 27 at 5.) Specifically, Smith claims that the City of Lebanon violated her First and Fourteenth Amendment rights when officers questioned and arrested patrons of Smith's tavern for, inter alia, public in... Gustavo OTERO, Plaintiff, v. SUPERINTENDENT OF SCI-FAYETTE, et al., Defendants. , W.D.Pa., November 12, 2009 Gustavo Otero, Hunlock Creek, PA, pro se. Tracey A. Wilson, Office of the Attorney General, Pittsburgh, PA, for Defendants. MEMORANDUM AND PINION CATHY BISSOON, United States Magistrate Judge. Gustavo Otero is a state prisoner currently incarcerated at the State Correctional Institution at Retreat ("SCI-Retreat"), located in Hunlock Creek, Pennsylvania. Plaintiff alleges in this prisoner civil rights lawsuit that he was transferred from the State Correctional Institution at Fayette ("SCI... CHANCELLOR PROPERTIES, INC. v. HOUSTON CASUALTY CO., et al. , E.D.Pa., November 12, 2009 Lloyd G. Parry, Davis Parry & Tyler, Phila, PA, for Chancellor Properties, Inc. Jacob C. Cohn, Cozen O'Connor, Philadelphia, PA, for Houston Casualty Co., et al. MEMORANDUM BARTLE, Chief Judge. Plaintiff Chancellor Properties Inc. ("Chancellor") moves to remand this declaratory judgment action to the Court of Common Pleas of Philadelphia County. Chancellor seeks a declaration that defendant Houston Casualty Company ("Houston") is obligated to defend and indemnify it in connection with an... Sharon BAKER-BEY, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Defendant. , E.D.Pa., November 12, 2009 Jeffrey P. Hoyle, Media, PA, for Plaintiff. Beth Anne Smith, Office of Attorney General, Philadelphia, PA, for Defendant. MEMORANDUM & ORDER RUFE, District Judge. Before the Court is Defendant Department of Correction's ("Defendant" or "DOC") Motion for Summary Judgment. [FN1] The remaining claims raised in Plaintiff Sharon Baker Bey's ("Plaintiff") Amended Complaint allege that Defendant engaged in religious-based discrimination, [FN2] subjecting Plaintiff to a hostile work environment ... Brian J. FITZGERALD, Plaintiff, v. BANK OF AMERICA CORPORATION and Bank of America Corporate Severance Program, Defendants. , E.D.Pa., November 10, 2009 MEMORANDUM AND ORDER JOYNER, District Judge. I. BACKGROUND Before the court is Defendants' Motion for Summary Judgment (Doc. Nos.29, 30). For the reasons set forth in this Memorandum, the Motion is granted. Plaintiff has alleged two counts in the Amended Complaint: (1) violation of Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. against Bank of America Corporation § ("BOA"); (2) violations of ERISA, 29 U.S.C. § 1001 et seq. against the Bank of America Co... In re PHILADELPHIA NEWSPAPERS, LLC. , E.D.Pa., November 10, 2009 Holdings: The District Court, Eduardo C. Robreno, J., held that: (1) cramdown provision of Chapter 11 provides three distinct alternative arrangements for satisfaction of plan confirmation over objection of dissenting class of secured creditors, only one of which, the "sales option," expressly provides that secured creditors will retain right to credit bid in connection with sale of debtor's assets as part of liquidating plan, and (2) to the extent that debtors sought to cramdown their l... Derrick L. BROWN, Plaintiff, v. Scott BLUE, et al., Defendants. , M.D.Pa., November 10, 2009 Derrick L. Brown, Lewisburg, PA, pro se. MEMORANDUM THOMAS I. VANASKIE, District Judge. Background Derrick L. Brown, an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania (USP-Lewisburg), proceeding pro se, filed this civil rights complaint on October 8, 2009. [FN1] Along with his complaint, Brown has submitted an application requesting leave to proceed in forma pauperis. FN1. Listed as an additional Plaintiff is Kareem Hassan Milhouse, who is also presumab... PANTHER MOUNTAIN LODGE, INC., Plaintiff v. WAYMART WINDFARM, L.P., Defendant. , M.D.Pa., November 10, 2009 Elliot B. Edley, Edley and Reischtein, Wilkes-Barre, for Plaintiff. John T. Zelinka, Robert N. Gawlas, Jr. Rosenn, Jenkins & Greenwald, LLP, Wilkes-Barre, PA, for Defendant. MEMORANDUM MARTIN C. CARLSON, United States Magistrate Judge. I. INTRODUCTION This action was commenced on March 14, 2008, when Panther Mountain Lodge, Inc. ("Panther Mountain" or "Plaintiff") filed a complaint in the Court of Common Pleas of Lackawanna County seeking to recover certain rental payments claimed to be ... Brooks TERRELL, Plaintiff, v. CAPTAIN PASSANITI, et al., Defendants. , M.D.Pa., November 10, 2009 Brooks J. Terrell, Talladega, AL, pro se. Michael Butler, United States Attorney's Office, Harrisburg, PA, for Defendants. MEMORANDUM JAMES F. McCLURE, JR., District Judge. Plaintiff Brooks Terrell ("Plaintiff" or "Terrell"), an inmate presently confined at the Federal Correctional Institution Talladega ("FCI Talladega") in Talladega, Alabama, commenced this pro se civil rights action by filing a Complaint raising claims under 28 U.S.C. § 1331. Presently before the Court are Plaintiff... Wilnerson OCCELIN, Petitioner v. Eric HOLDER, et al., Respondents. , M.D.Pa., November 10, 2009 Wilnerson Occelin, York, PA, pro se. MEMORANDUM SYLVIA H. RAMBO, District Judge. Petitioner Wilnerson Occelin ("Occelin"), currently detained by the United States Immigration and Customs Enforcement ("ICE") at the York County Prison in York, Pennsylvania, commenced this action pro se with a petition for writ of habeas corpus filed under the provisions of 28 U.S.C. § 2241. [FN1] (Doc. 1.) Occelin is challenging his removal on the basis that he is entitled to derivative citizenship through h... Steven W. BURNE, Plaintiff v. Frank SIDEROWICZ, Dennis Giordano, Erin Sodin--Mazikewich, and Brian Bognatz, Defendants. , M.D.Pa., November 10, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court are defendants' motions for summary judgment (Docs.60, 66) pursuant to Rule 56 of the Federal Rules of Civil Procedure. Having been fully briefed and argued, the matter is ripe for disposition. BACKGROUND This is a § 1983 civil rights action concerning the termination of Plaintiff Steven W. Burne ("Burne") from his employment with Pennsylvania Department of Transportation ("PennDOT") in March 2005. Burne was a PennDOT seasonal lab... Yvonne TAYLOR, et al., Plaintiffs, v. PITTSBURGH MERCY HEALTH SYSTEM, INC., et al., Defendants. , W.D.Pa., November 10, 2009 ORDER CATHY BISSOON, United States Magistrate Judge. For the reasons that follow, Defendants' Motion for Sanctions (Doc. 129) will be denied. This ruling comes on the heels of an Order entered in Camesi v. University of Pittsburgh Medical Center, Civil Action No. 09-85J (W.D.Pa.) (Bissoon, M.J., presiding). In Camesi. the Court addressed the plaintiffs' mailing of a letter dated September 1, 2009, to "an untold number of putative collective action members in [that] case." See Doc. 318 in 0... Hilary PALENCAR, Plaintiff v. COBLER REALTY ADVISORS, Defendant. , M.D.Pa., November 10, 2009 Hilary Palencar, Wyoming, PA, pro se. Mark J. Walters, Donnelly and Associates, Conshohocken, PA, for Defendant. MEMORANDUM MARTIN C. CARLSON, United States Magistrate Judge. I. INTRODUCTION Pending before the Court in the above-captioned action is Plaintiff Hilary Palencar's motion for miscellaneous relief in which she petitions the Court "for minimal and circumspect assistance in the issuance of subpoenas and the taking of discovery depositions." (Doc. 63.) Plaintiff is, in essence, re... William GRIBBLE, Petitioner, v. Louis S. FOLINO, et al., Respondents. , E.D.Pa., November 10, 2009 William Gribble, Waynesburg, PA, pro se. Anne Palmer, Thomas W. Dolgenos, Philadelphia District Attorney's Office, Philadelphia, PA, for Respondents. MEMORANDUM AND ORDER LYNNE A. SITARSKI, United States Magistrate Judge. Presently pending before the Court is Petitioner's pro se petition for a federal writ of habeas corpus. In this petition, filed on May 15, 2009, under 28 U.S.C. § 2254, petitioner has asserted four claims: (1) that the trial court committed reversible error in expre... Derrick L. BROWN, Petitioner, v. B.A. BLEDSOE, et al., Respondents. , M.D.Pa., November 10, 2009 Derrick Brown, USP, Lewisburg, PA, pro se. MEMORANDUM THOMAS I. VANASKIE, District Judge. Derrick L. Brown, an inmate presently confined at the United States Penitentiary, Lewisburg, Pennsylvania (USP-Lewisburg), proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. [FN1] Named as Respondents are USP-Lewisburg Warden B.A. Bledsoe and various federal officials. [FN2] Brown has also submitted an application requesting leave to proceed in forma pauperi... Andrew SABRIC and Genevieve Sabric, Plaintiffs, v. Lockheed MARTIN and U.S. Security Associates, Inc., Defendants. , M.D.Pa., November 10, 2009 MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Presently before the Court is the Petition for Removal of Defendants Lockheed Martin and U.S. Security Associates, Inc. and the Complaint of Plaintiffs Andrew and Genevieve Sabric. (Docs.1-2.) Federal courts have an obligation to address issues of subject matter jurisdiction sua sponte. Meritcare Inc. v. St. Paul Mercury Ins. Co., 166 F.3d 214, 217 (3d Cir.1999). Defendants allege that this Court's basis for jurisdiction is diversity of c... PINE TREE HOMES, INC., Plaintiff, v. George G. STODDARD, Catherine R. Stoddard, Internal Revenue Service, Pennsylvania Department of Revenue, Pieter J. DeJong, First Eastern Bank, N.A., and American Business Credit, Inc., Defendants. , M.D.Pa., November 10, 2009 MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Currently before the Court is Plaintiff's Motion to Remand (Doc. 5). Plaintiff argues that this case should be remanded to state court because the removal was not timely filed and that the Internal Revenue Service's ("IRS") election not to remove a prior quiet title action between the IRS and the Plaintiff precludes the IRS from removing the instant matter to federal court. Plaintiff brought an action in Pennsylvania State Court to quiet ... John HUMPHRIES Plaintiff, v. VENANGO COUNTY DISTRICT ATTORNEYS OFFICE, et al., Defendants. , W.D.Pa., November 10, 2009 MEMORANDUM OPINION [FN1] FN1. In accordance with the provisions of 28 U.S.C. § 636(c)(1), the parties have voluntarily consented to have a United States Magistrate Judge conduct proceedings in this case, including the entry of a final judgment. Documents # 4 (Plaintiff), 12 (Defendants). SUSAN PARADISE BAXTER, United States Magistrate Judge. A. Relevant Procedural History On December 12, 2008, Plaintiff, a prisoner formerly incarcerated at the Venango County Jail, filed the instant action... Bennie Earl BARNES, Plaintiff, v. Robert CATALDE, Defendant. , W.D.Pa., November 10, 2009 MEMORANDUM OPINION [FN1] FN1. In accordance with the provisions of 28 U.S.C. § 636(c)(1), the parties have voluntarily consented to have a United States Magistrate Judge conduct proceedings in this case, including the entry of a final judgment. Documents # 4 (Defendant), 5 (Plaintiff). SUSAN PARADISE BAXTER, United States Magistrate Judge. A. Relevant Procedural History This case was originally filed by Plaintiff in the Erie County Court of Common Pleas and was removed to this federal cou... William Brandon CUMMINGS, Plaintiff, v. Co BUTLER, et al., Defendants. , W.D.Pa., November 10, 2009 MEMORANDUM ORDER KIM R. GIBSON, District Judge. William Brandon Cummings's civil rights complaint was received by this Court on January 30, 2009, and was referred to United States Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules Rules 72.C and 72.D of the Local Rules for Magistrates. The Magistrate Judge's Report and Recommendation, filed on October 8, 2009, recommended that the Defendants' Partial Motion to Di... UNITED STATES of America, Plaintiff v. Richard M. LAKE, Defendant. , M.D.Pa., November 10, 2009 MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Defendant Richard M. Lake, an inmate at the Federal Correctional Institution-Allenwood, has filed a motion pursuant to 28 U.S.C. § 2255. We are conducting an initial review of the motion pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings. Lake's § 2255 motion raises one claim, ineffective assistance of counsel. We will dismiss his claim pursuant to Rule 4(b). II. Discussion Defendant claims he was denied eff... Robert Lee HARRIS, Jr., Plaintiff v. David J. EBBERT, et al., Defendants. , M.D.Pa., November 10, 2009 MEMORANDUM WILLIAM W. CALDWELL, District Judge. The pro se plaintiff, Robert Lee Harris, Jr., filed this action pursuant to 42 U.S.C. § 1983 against the named prison officials and employees at FCI- Allenwood. In his complaint, Plaintiff set forth an Eighth Amendment medical claim seeking only injunctive relief requiring the defendants to provide him with nerve entrapment surgery on his right femoral artery. [FN1] FN1. Plaintiff also alleged problems with a hernia repair, but both parties agre... Stanley N. OZOROSKI, Plaintiff v. Dr. Frederick R. MAUE, et al., Defendants. , M.D.Pa., November 10, 2009 ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 10th day of November, 2009, upon consideration of the motion (Doc. 79) to dismiss the third amended complaint (Doc. 68), filed by defendants Dr. Frederick R. Maue and Marva Cerullo (hereinafter "defendants"), [FN1] and it appearing that defendants invoke immunity from suit in their official capacities, and contend that the third amended complaint fails to state a claim for which relief may be granted, and that it is barred by the app... PITTSBURGH LOGISTICS SYSTEMS, INC., a Pennsylvania corporation, Plaintiff, v. C.R. ENGLAND, INC., a Utah corporation, d/b/a England Logistics, Inc., England Logistics Supply Chain Engineering, and Trans-Man Logistics, Inc., Defendant. , W.D.Pa., November 9, 2009 Stephen J. Del Sole, Del Sole Cavanaugh Stroyd LLC, Pittsburgh, PA, for Plaintiff. James D. Miller, Paul R. Robinson, Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C., Pittsburgh, PA, for Defendant. MEMORANDUM OPINION WILLIAM L. STANDISH, District Judge. Pending before the Court are two motions filed by Defendant C.R. England, Inc. ("England.") The first, a motion to dismiss (Doc. No. 7, "Mot.Dis."), argues that the suit must be dismissed pursuant to the "first- filed" doctrine or, in th... Karen MALONE, Plaintiff, v. ECONOMY BOROUGH MUNICIPAL AUTHORITY; James J. Sas; and Matthew Marasco, individually, Defendants. , W.D.Pa., November 9, 2009 Edward A. Olds, Pittsburgh, PA, for Plaintiff. Teresa O. Sirianni, Danielle M. Vugrinovich, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Defendants. MEMORANDUM OPINION NORA BARRY FISCHER, District Judge. I. Introduction This is an employment discrimination case brought by Karen Malone ("Plaintiff") against her former employer, the Economy Borough Municipal Authority ("EBMA"); James Sas, ("Sas"), the Chairman of the Board of the EBMA for the relevant time period; and... Eileen A. ARMSTRONG, Plaintiff, v. ANTIQUE AUTOMOBILE CLUB OF AMERICA, Hershey Region of the Antique Automobile Club of America, Inc. and Hershey Entertainment & Resorts Company, Defendants v. Hylan Gray, Third Party Defendant. , M.D.Pa., November 9, 2009 MEMORANDUM AND ORDER J. ANDREW SMYSER, United States Magistrate Judge. A. Background. The plaintiff, Eileen A. Armstrong, commenced this action in the United States District Court for the Northern District of Illinois against Hylan Gray ("Gray") and the Antique Automobile Club of America, Inc. ("AACA"). The plaintiff alleged that while attending an AACA meet in Hershey, Pennsylvania in October 2006 she was struck by a vehicle driven by Gray and injured. The case was subsequently transferred t... UNITED STATES of America v. Juwan SHAW. , E.D.Pa., November 9, 2009 MEMORANDUM RE: PRETRIAL MOTIONS BAYLSON, District Judge. I. Background On November 5, 2008, Defendant Juwan Shaw was indicted on 6 counts: 3 counts of interference with interstate commerce by robbery (18 U.S.C. § 1951(a) ) and 3 counts of carrying, using, and brandishing a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)(1)). The charges arose from three separate robberies at gunpoint, which occurred between January and May 2007. According to the indictment, the ... Timothy William FLETCHER, Petitioner, v. Gerald ROZUM, Respondent. , M.D.Pa., November 9, 2009 MEMORANDUM THOMAS I. VANASKIE, District Judge. Introduction On or about December 31, 2007, Timothy W. Fletcher, an inmate presently confined at the State Correctional Institution, Somerset, Pennsylvania, proceeding pro se, brought this habeas corpus proceeding [FN1] pursuant to 28 U.S.C. § 2254. [FN2] Fletcher challenges the validity of a "no contest" plea to sexual assault which he entered in the Monroe County Court of Common Pleas in 2001. [FN3] Petitioner claims entitlement to federal hab... Lonny L. NEIMAN, Jr., Plaintiff v. AMERICAN INTERNATIONAL GROUP, INC. and its subsidiary American General Life and Accident Insurance Company, Defendants. , M.D.Pa., November 9, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. This case comes to the court based on its diversity jurisdiction found in 28 U.S.C. § 1332, and concerns a dispute over a term life insurance policy ("the policy") purchased by Larry Null, now deceased, from Defendants. [FN1] Upon Mr. Null's death on February 22, 2006, Defendants refused to pay the insurance proceeds. Defendants contend that Mr. Null knowingly or in bad faith concealed information concerning his medical history, and that this infor... Jesse O. JOHNSON, Jr., Petitioner v. Franklin J. TENNIS and Attorney General of Pennsylvania, Respondents. , M.D.Pa., November 9, 2009 ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 9th day of November, 2009, upon consideration of the petition (Doc. 1) for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 on December 4, 2008, wherein petitioner seeks to collaterally attack a state-court judgment that became final on June 6, 2005, (see Doc. 15 at A3, A6), and respondents' motion (Doc. 26) to dismiss the petition as untimely, and it appearing that petitioner did not directly appeal this state-court judgment... Mark E. ALLEN v. Superintendent Brian COLEMAN, et al. , E.D.Pa., November 9, 2009 MEMORANDUM BARTLE, Chief Judge. Before the court are the objections of petitioner Mark E. Allen to the Report and Recommendation of the United States Magistrate Judge. Allen filed a petition for a writ of habeas corpus from state custody under 28 U.S.C. § 2254. In her Report and Recommendation, the Magistrate Judge recommended that the petition be dismissed with prejudice as untimely. We will affirm the Recommendation and will deny Allen's petition as untimely, albeit for different reason... UNITED STATES of America v. Samuel J. MANFREDI and Marilyn T. Manfredi, Defendants. , W.D.Pa., November 9, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. I. INTRODUCTION Presently before the Court are the Government's Motion in Limine Regarding the Admissibility of the Testimony of Retired Bishop John Bernard McDowell (Docket No. 149), the trial deposition transcript of Bishop John Bernard McDowell (Docket No. 149-2, Defendants' Exhibit C), and Defendants' Exhibit A used during the deposition (Docket No. 149-3, Defendants' Exhibit D), the Defendants' Brief in Opposition (Docket No. 150), ... Pierre CIDONE, Plaintiff v. C.O. BLUME, et al., Defendants. , M.D.Pa., November 9, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. Plaintiff Pierre Cidone ("Cidone"), an inmate currently incarcerated at the Lackawanna County Prison ("LCP") in Scranton, Pennsylvania, commenced this action pro se by filing a civil rights complaint pursuant to the provisions of 42 U.S.C. § 1983. (Doc. 1.) Cidone names the following Defendants: Correctional Officer ("CO") Blume; CO Sedlack; Correctional Care Services; and Captain Kazinetz. In the complaint, Plaintiff asserts that Defendants Blume a... UNITED STATES of America, v. Gary RHINES, Defendant. , M.D.Pa., November 9, 2009 MEMORANDUM JAMES F. McCLURE, JR., District Judge. BACKGROUND: Gary Rhines was sentenced by this Court on July 1, 2004, to be imprisoned for the remainder of his natural life. On direct appeal, the conviction and sentence were affirmed by the United States Court of Appeals for the Third Circuit on August 5, 2005. Rhines then petitioned the United States Supreme Court for a writ of certiorari, which was denied on February 21, 2006. The United States Supreme Court then denied a rehearing on June... Lester Nelson LUTZ, Petitioner v. David A. VARANO, Respondent. , M.D.Pa., November 9, 2009 MEMORANDUM & ORDER JAMES F. McCLURE, JR., District Judge. Petitioner Lester Nelson Lutz, an inmate confined at the Coal Township State Correctional Institution ("SCI-Coal Township") in Coal Township, Pennsylvania, initiated this action by filing a pro se petition for writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2254. Lutz seeks to challenge his 1995 conviction in the Lackawanna County Court of Common Pleas in Scranton, Pennsylvania. (See Rec. Doc. No. 1.) On September 3,... Shahid QURESHI, Plaintiff v. Evangelia A. KLAPAKIS, United States Immigration & Customs Enforcement, and James T. Hayes, Defendants. , M.D.Pa., November 9, 2009 ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 9th day of November, 2009, upon consideration of plaintiff's motion (Doc. 14) for reconsideration of the order of court (Doc. 11) dated July 9, 2009, wherein the court dismissed plaintiff's claims seeking judicial review of agency decisions denying his application to adjust status, but deferred ruling on plaintiff's request for specific performance of a contract purportedly entered between plaintiff and federal officials, and it appea... Noelia SOLIVAN, Plaintiff, v. VALLEY HOUSING DEVELOPMENT CORP., Defendant. , E.D.Pa., November 9, 2009 OPINION AND ORDER SLOMSKY, District Judge. Before the Court is Defendant Valley Housing Development Corporation's Motion for Summary Judgment on all counts (Doc. No. 32). Plaintiff Noelia Solivan filed a Response in Opposition to Defendant's Motion for Summary Judgment (Doc. No. 39) seeking denial of the motion in its entirety. On May 9, 2007, Plaintiff filed suit in the Middle District of Pennsylvania against Defendant Valley Housing Development Corporation and Defendant United- Raad Ball... M.C., by her Guardian, P.W., Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants. , E.D.Pa., November 9, 2009 MEMORANDUM OPINION AND ORDER RUFE, District Judge. Presently before the Court is Defendant City of Philadelphia's Motion for Reconsideration, [FN1] requesting that the Court's previous Order granting Plaintiff's Motion to Compel Discovery [FN2] be vacated. Along with its Motion, Defendant filed a response to Plaintiff's Motion to Compel. [FN3] Plaintiff and Defendant each filed additional briefs regarding the issue of reconsideration. [FN4] The Court finds that reconsideration is not approp... COMMUNITY PRESCHOOL & NURSERY OF EAST LIBERTY, Plaintiff, v. TRI-STATE REALTY, INC., Defendant. , W.D.Pa., November 9, 2009 John R. O'Keefe, Jr., Michael P. Robic, II, Metz Lewis, Pittsburgh, PA, Peter H. Thomson, Lauer & Thomson, Sewickley, PA, for Plaintiff. Gregory B. Proffitt, Bruce E. Rende, Robb Leonard Mulvihill LLP, Pittsburgh, PA, for Defendant. MEMORANDUM AND ORDER DENYING DEFENDANT'S SECOND PARTIAL MOTION TO DISMISS (DOC. NO. 31) ARTHUR J. SCHWAB, District Judge. Before the Court is defendant Tri-State Reality, Inc.'s ("Tri-State") "Partial Motion to Dismiss" (Doc. No. 31) plaintiff's Amended Comp... Charles H. BOOTH, Jr., and Harvey Franklin Booth, Reid Rotzler and William L. Harbaugh, cotrustees of the Charles H. Booth, Jr. Irrevocable Trust, Plaintiffs, v. Dana L. BALDWIN, Executrix of the Estate of Melvin H. Levy, deceased, Defendant. , W.D.Pa., November 9, 2009 OPINION LENIHAN, United States Magistrate Judge. Currently before the Court for disposition is Plaintiff's Motion to Remand Jurisdiction to the Court of Common Pleas of Allegheny County, Pennsylvania (Doc. No. 2). For the reasons set forth below, the Court will grant Plaintiff's motion. Background Plaintiffs Charles H. Booth, Jr., Harvey Franklin Booth, Reid Rotzler, and William L. Harbaugh ("Plaintiffs") instituted this action on November 15, 2007, with the filing of a Writ of Summons in t... Nicholas BRACCIA and Karen (Reiss) Braccia, H/W, Plaintiffs, v. ARLINGTON CAPITAL MORTGAGE CORPORATION and Mark Pontz, Defendants. , E.D.Pa., November 9, 2009 MEMORANDUM DuBOIS, District Judge. This is a tort action brought by Nicholas J. Braccia and Karen C. Braccia (hereinafter referred to ecollectively as "the Braccias") against Arlington Capital Mortgage Corporation (hereinafter "Arlington") and its employee, Mark Pontz (hereinafter "Mr. Pontz") seeking damages for allegedly negligent misrepresentations made by Pontz during the Braccias' application for a mortgage loan from Arlington. A bench trial was held on October 20, 2009. After conside... Chester M. POLECK, Jr., Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Pa., November 9, 2009 MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION This is an action seeking review of the Social Security Commissioner's final decision denying the plaintiff, Chester M. Poleck, Jr.'s, claims for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). The Court referred the case to United States Magistrate Judge Jacob P. Hart for a Report and Recommendation. Magistrate Judge Hart issued a Report and Recommendation on September 16, 2009, granting in part and denying in... Gary CHEDWICK, Individually, and on behalf of a group of similarly situated individuals, Plaintiff, v. UPMC d/b/a University of Pittsburgh Medical Center, Defendant. , W.D.Pa., November 9, 2009 Gregory G. Paul, Equality at Work, PLLC, Sewickley, PA, Gary F. Lynch, Carlson Lynch Ltd., New Castle, PA, R. Bruce Carlson, Stephanie K. Goldin, Carlson Lynch, Sewickley, PA, for Plaintiff. Pamela G. Cochenour, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION McVERRY, J. Before the Court for disposition are the DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Document No. 32 ), the Defendant's Brief in Support of Motion for Partial Summary Judgment (Docume... Juan Jose ZUNO (Godinez) a/k/a Rafael Espinosa a/k/a Rafael Espinosa Napoles a/k/a Rafael E. Napoles v. WAL-MART STORES, INC.; Wal-Mart Stores East, Inc,; Wal-Mart Stores East, LP, and Wal-Mart Realty Company. , E.D.Pa., November 6, 2009 MEMORANDUM AND ORDER M. FAITH ANGELL, United States Magistrate Judge. On December 5, 2006, the parties in this matter filed a notice of consent to have me conduct all further proceedings in this action. See Docket Entry No. 23. On January 8, 2007, the Honorable Clifford Scott Green ordered that the case be referred to me for all further proceedings and entry of judgment. See Docket Entry No. 25. On May 29, 2009, I granted the Motion for Summary Judgment filed by Defendants Wal-Mart Stores,... UNITED STATES of America v. Kenneth MITAN and Frank Mitan. , E.D.Pa., November 6, 2009 MEMORANDUM BAYLSON, District Judge. Prior to the commencement of the trial in this case, Defendants had filed a Motion to Dismiss because of the government's interception of certain telephone conversations between Kenneth Mitan, a pro se pre-trial detainee, and members of his family. The Court denied the Motion to Dismiss without prejudice by Memorandum and Order dated September 25, 2009 (Doc. Nos.356, 357). Following the Court's suggestion, stand-by counsel for Kenneth Mitan submitted ten re... William E. SMITH, on behalf of himself and all others similarly situated, Plaintiff, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA, Defendant. , W.D.Pa., November 6, 2009 Ellen M. Doyle, Joel R. Hurt, Maureen Davidson-Welling, Stember Feinstein Doyle & Payne, LLC, Pittsburgh, PA, for Plaintiff. Colin E. Wrabley, Perry A. Napolitano, Reed Smith, LLP, Pittsburgh, PA, Irma R. Solares, Jason P. Kairalla, Julianna Thomas McCabe, Jorden Burt LLP, Miami, FL, Markham R. Leventhal, Jorden Burt LLP, Washington, DC, for Defendant. MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Pending before the Court are PLAINTIFF'S MOTION FOR CLASS CER... William E. SMITH, on behalf of himself and all others similarly situated, Plaintiff, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA, Defendant. , W.D.Pa., November 6, 2009 Ellen M. Doyle, Joel R. Hurt, Maureen Davidson-Welling, Stember Feinstein Doyle & Payne, LLC, Pittsburgh, PA, for Plaintiff. Colin E. Wrabley, Perry A. Napolitano, Reed Smith, Pittsburgh, PA, Irma R. Solares, Jason P. Kairalla, Julianna Thomas McCabe, Jorden Burt LLP, Miami, FL, Markham R. Leventhal, Jorden Burt LLP, Washington, DC, for Defendant. MEMORANDUM ORDER TERRENCE F. McVERRY, District Judge. Pending before the Court is PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (Document N... UNITED STATES of America v. Alexander LITT and Roman Litt. , W.D.Pa., November 6, 2009 Margaret E. Picking, United States Attorney's Office, Pittsburgh, PA, for United States of America. MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is the MOTION TO DISMISS INDICTMENT and the BRIEF in support filed by Defendant Roman Litt (Document Nos. 104 and 126), the MOTION TO DISMISS INDICTMENT and the RESPONSE AND BRIEF in support filed by Defendant Alexander Litt (Document Nos. 117, 127, and 128), and the omnibus RESPONSE filed by... Brian A. ELLICKER, Plaintiff, v. BOROUGH OF FOREST HILLS, Defendant. , W.D.Pa., November 6, 2009 Eric C. Stoltenberg, Lightman Welby Stoltenberg & Caputo, Pittsburgh, PA, for Plaintiff. John A. McCreary, Jr., Stephen L. Korbel, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, for Defendant. MEMORANDUM ORDER TERRENCE F. McVERRY, District Judge. Pending now before the Court is BOROUGH OF FOREST HILLS' MOTION FOR JUDGMENT ON THE PLEADINGS (Document No. 7). Defendant ("Forest Hills") filed a brief in support (Document No. 8), Plaintiff ("Ellicker") filed a response and a brief in oppo... Scott J. BINSACK, Sr., Plaintiff v. LACKAWANNA COUNTY DISTRICT ATTORNEY'S OFFICE, et al., Defendants. , M.D.Pa., November 6, 2009 ORDER JAMES M. MUNLEY, District Judge. AND NOW, to wit, this 6th day of November 2009, the plaintiff's motion for this judge's recusal (Doc. 58) is hereby DENIED. Federal law requires that a judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). "Beliefs or opinions that merit recusal must involve an extrajudicial factor; 'for example, if a judge has acquired a dislike of a litigant because of events occurring outside o... Michael WINSTON, Plaintiff v. UNITED STATES, Defendant. , W.D.Pa., November 6, 2009 MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Plaintiff Michael Winston has a number of pro se civil actions pending against various defendants in this Court. On October 13, 2009, he filed a document entitled "Testimony" and bearing the caption "Michael Winston v. United States," along with a motion for leave to proceed in forma pauperis. Because the document bore a new caption and was accompanied by an IFP motion, the document was construed and docketed by the Clerk of Court's office ... Joseph P. FRANKENBERRY, Petitioner v. Brian COLEMAN, Superintendent SCI Fayette; Court of Common Pleas of Fayette County, PA, Respondents. , W.D.Pa., November 6, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. The above-captioned habeas petition, ostensibly filed pursuant to 28 U.S.C. § 2241, was received by the Clerk of Court on May 7, 2009, and was eventually referred to Chief United States Magistrate Judge Amy Reynolds Hay for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C & D of the Local Civil Rules. Pursuant to Rule 4 of the Rules Governing Habeas Petitions, Chief Magistrate Judge... Lawrence SCOTT, Plaintiff, v. INFOSTAF CONSULTING, INC. d/b/a Source Direct.com, Michael Roberts and Troy Nini, Defendants. , W.D.Pa., November 6, 2009 OPINION AND ORDER OF COURT AMBROSE, District Judge. Pending before the court is a Partial Motion to Dismiss and a Motion to Strike filed by Defendants, Infostaf Consulting, Inc. ("Infostaf"), Michael Roberts ("Roberts"), and Troy Nini ("Nini"), (collectively referred to as "Defendants"), seeking to dismiss Count II of Plaintiff s Amended Complaint for Breach of Contract and to strike Plaintiff's allegations of a proposed settlement agreement in Paragraph 11 of Plaintiff's Amended Complaint an... Phillip Thomas GRZEGOREK, Plaintiff, v. ALL CREDIT FINANCE, INC. Trading and Doing Business as All Credit Finance, Pittsburgh Settlement Company, Elleni Klimantis-Berger, Randy Berger (principals of All Credit Finance, Inc., individually, Emanual , W.D.Pa., November 6, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW TERRENCE F. McVERRY, District Judge. On October 21, 2009, the Court conducted an evidentiary hearing on Plaintiff's MOTION FOR HEARING ON DAMAGES (Document No. 64). Plaintiff Philip Thomas Grzegorek testified as a witness. Plaintiff's parents, Gerald and Barbara Ferguson, were also present but did not testify. None of the Defendants was present, nor did an attorney appear on behalf of any of the Defendants. After the hearing, Plaintiff filed a MOTION TO... Alfonso SANCHEZ, Petitioner v. Warden Jerry C. MARTINEZ, Respondent. , M.D.Pa., November 6, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, filed by petitioner Alfonso Sanchez ("Sanchez"), an inmate currently incarcerated at the Low Security Correctional Institution at Allenwood ("LSCI-Allenwood") in White Deer, Pennsylvania. (Doc. 1.) Sanchez alleges that his constitutional rights were violated in the context of a disciplinary hearing. For the reasons that follow, the petition will be denied. I. ... Eliot S. SASH, Plaintiff v. UNITED STATES of America, Defendant. , M.D.Pa., November 6, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is a report and recommendation of the magistrate judge to which Plaintiff has filed objections. Defendants have responded to Plaintiff's objections and the matter is ripe for disposition. At the time of the filing of the amended complaint, Plaintiff was a prisoner at the Low Security Correctional Institution at the Allenwood Correctional Complex in White Deer, Pennsylvania. The amended complaint raises claims pursuant to the Fede... Doreen WALD v. 1 FINANCIAL MARKETPLACE SECURITIES, LLC, et al. , E.D.Pa., November 6, 2009 MEMORANDUM RE: MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS BAYLSON, District Judge. Before the Court is the Motion of Defendants 1 Financial Marketplace Securities, LLC, and Kevin M. Ross to Compel Arbitration and Stay Proceedings (Doc. No. 7). On March 13, 2009, Plaintiff Doreen Wald brought suit against Defendants, alleging various violations of state and federal law arising from Plaintiff's loss of her investment in a hedge fund named Securion I, L.P. Larry Wald also brought suit aga... Joseph SLOMNICKI, Plaintiff, v. CITY OF PITTSBURGH, Cmdr. Trosky, City of Pittsburgh Zone 2 Police Station, Mayor Luke Ravenstahl, City of Pittsburgh Police Officer Spangler Badge No. 3649, Defendants. , W.D.Pa., November 5, 2009 Joseph Slomnicki, Pittsburgh, PA, pro se. Michael E. Kennedy, City of Pittsburgh Department of Law, Pittsburgh, PA, for Defendants. OPINION and ORDER OF COURT AMBROSE, Chief Judge. Plaintiff Joseph Slomnicki ("Slomnicki") contends that Defendant City of Pittsburgh Police Officer Spangler ("Spangler") violated his rights under the 1st, 4th, 5th, 8th and 14th Amendments of the United States and Pennsylvania Constitution. These violations are premised upon three interactions between Slomnic... Michael WINSTON, Plaintiff v. MARSHALL, DENNEHEY, WARNER, COLEMAN, GOGGIN, Defendant. , W.D.Pa., November 5, 2009 Michael Winston, Port Allegany, PA, pro se. MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Plaintiff Michael Winston has filed this pro se civil action against the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, which has served as defense counsel in various related civil actions filed in this Court by the Plaintiff. Plaintiff has also filed, contemporaneously with his complaint, a motion for leave to proceed in forma pauperis. Plaintiff's sole allegation of wrongdoing again... Nathan JACKSON, Plaintiff, v. Jeffrey A. BEARD, et al., Defendants. , W.D.Pa., November 5, 2009 OPINION AND ORDER DONETTA W. AMBROSE, District Judge. SYNOPSIS In this action, Plaintiff brings suit pursuant to state negligence law, and 42 U.S.C. § 1983. He avers that as an inmate in a state correctional facility, he was injured and, inter alia, was refused appropriate medical treatment and a wheelchair, and was ridiculed by guards and staff. Plaintiff has named as defendants Pennsylvania's Secretary for the Department of Corrections; the Superintendent and Deputy Superintendent of the fac... Herbert Lamont BALLARD, Defendant/Petitioner v. UNITED STATES of America, Respondent. , W.D.Pa., November 5, 2009 MEMORANDUM OPINION DENYING MOTION TO VACATE (DOC. NO. 54) ARTHUR J. SCHWAB, District Judge. I. Introduction Before the Court is Defendant Herbert Ballard's Motion to Vacate, Set Aside, or Correct a Sentence Pursuant to 28 U.S.C. § 2255 (doc. no. 54), the government's Motion to Dismiss Defendant's Habeas Corpus Petition (doc. no. 58), and Defendant's response to the motion to dismiss (doc. no. 64). II. Procedural History According to the indictment in this case, from March 2003 until approx... Michael WINSTON, Plaintiff v. Mary Lynch FRIEDLINE, Defendant. , W.D.Pa., November 5, 2009 MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Plaintiff Michael Winston has filed this pro se civil action against Defendant Mary Lynch Friedline, both in her individual capacity and in her official capacity as Senior Deputy Attorney General for the Commonwealth of Pennsylvania. Plaintiff has also filed, contemporaneously with his complaint, a motion for leave to proceed in forma pauperis. In his complaint, Plaintiff alleges that the Defendant committed fraud while acting in her capaci... Thomas C. BINDER, Plaintiff, v. PPL SERVICES CORP., Defendant. , E.D.Pa., November 5, 2009 MEMORANDUM HENRY S. PERKIN, United States Magistrate Judge. This matter is before the Court on Defendant PPL Services Corporation's Motion for Summary Judgment filed July 24, 2009. Plaintiff's Memorandum of Law in Opposition to Defendant PPL Services Corp.'s Motion for Summary Judgment was filed August 17, 2009. With leave of Court, PPL Services Corporation's Reply Brief in Support of Motion for Summary Judgment was filed September 1, 2009. Plaintiff's Clarifying Memorandum of Law in Oppositi... Robert REED, Petitioner, v. Michael HARLOW, et al., Respondents. , E.D.Pa., November 5, 2009 ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 29th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's Reply, the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo dated October 9, 2009, Petitioner's objections to the Report and Recommendation, [FN1] and after a thorough and independent review of the record, it is hereby ORDERED that: FN1. Petitioner's "Memorandum of law ... Jerome MOUZON, Petitioner, v. Gerald L. ROZUM, et al., Respondents. , E.D.Pa., November 5, 2009 ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 5th day of November, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's "Rebuttal to Response to Petition for Writ of Habeas Corpus Relief," the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated October 21, 2008, Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDER... UNITED STATES of America v. Geovanni DAVILA. , M.D.Pa., November 5, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is a motion filed pursuant to Federal Rule of Civil Procedure 60(b) for relief from judgment entered on December 5, 2005. That judgment was a result of a motion filed by Defendant pursuant to 28 U.S.C. § 2255. [FN1] A hearing on that motion was held on November 30, 2005 and Defendant's motion was denied by order dated December 5, 2005. The instant motion alleges that Defendant has newly discovered evidence that the testimony and ... David A. TAYLOR, Plaintiff v. Bruce K. BARCLAY, Defendant. , M.D.Pa., November 5, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. Before the court is Defendant's motion for judgment on the pleadings. (Doc. 8.) The motion had been fully briefed, and is now ripe for disposition. For the reasons that follow, the motion will be denied. I. Background A. Facts [FN1] FN1. Because this is a motion for judgment on the pleadings, all facts will be taken in the light most favorable to the Plaintiff as he is the party against whom the motion has been brought. Allah v.. Al-Hafeez, 226 ... UNITED STATES of America, Plaintiff v. Edward James BROWN, Defendant. , M.D.Pa., November 5, 2009 MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction Defendant Edward James Brown, an inmate at FCI-Loretto, has filed a petition for writ of audita querela, which we have construed as a motion pursuant to 28 U.S.C. § 2255. See Order of Aug. 20, 2009. In his motion, Brown alleges that his sentence violates the Double Jeopardy Clause of the Fifth Amendment. The Government filed an opposition brief in response to our Order to Show Cause. After review, we will deny the motion. II. ... Robert B. KITCH, Jr., Petitioner v. James McGRADY, Superintendent, SCI Retreat, Respondents. , M.D.Pa., November 5, 2009 ORDER WILLIAM W. CALDWELL, District Judge. AND NOW, this 5th day of November, 2009, upon consideration of the report and recommendation of the magistrate judge (doc. 8), filed September 23, 2009, to which no objections were filed, and upon independent review of the record, it is ordered that: 1. The magistrate judge's report is adopted. 2. The Clerk of Court shall transfer this case to the United States District Court for the Eastern District of Pennsylvania pursuant to 28 U.S.C. § 2241... Frank FIASCKI v. John PALAKOVICH, et al. , E.D.Pa., November 5, 2009 MEMORANDUM AND ORDER DITTER, District Judge. Petitioner, Frank Fiascki, has filed a pro se petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254. For the reasons that follow, this petition is DENIED with prejudice. FACTUAL AND PROCEDURAL HISTORY On February 13, 2004, in the Court of Common Pleas of Chester County, Fiascki entered an open guilty plea to twenty-three counts of theft by failure to make the required disposition of funds received, 18 Pa. S.C.A. § 3927(a), and tw... Patricia YOUNG, William Young, and Patricia Young, on behalf of her minor daughter, Plaintiffs v. PLEASANT VALLEY SCHOOL DISTRICT, John J. Gress, Principal, in his individual capacity, and Dr. Frank A. Pullo, Superintendent, in his individual capac, M.D.Pa., November 5, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court is defendants' motion to strike plaintiff Patricia Young's affidavit (Doc. 107). Having been fully briefed, the matter is ripe for disposition. I. Background This case arises from plaintiffs' conflicts with the defendant Pleasant Valley School District over events in the United States history classroom of Bruce H. Smith. According to plaintiffs' complaint, their daughter was a student in Smith's high school class. During her time... Craig FINNEY v. CSX TRANSPORTATION, INC., et al. , E.D.Pa., November 5, 2009 MEMORANDUM OPINION SAVAGE, District Judge. Background In this personal injury action where the plaintiff seeks damages for work related injuries, we must decide whether the Pennsylvania Workers Compensation Act precludes enforcement of a general indemnity provision in the contract between the tortfeasor and the plaintiff's employer. Before deciding that issue, we must determine whether Florida law, the contractual choice, or Pennsylvania law governs. Facts Plaintiff Craig Finney ("Finney") w... Karen CAMESI, et al., Plaintiffs, v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER, et al., Defendants. , W.D.Pa., November 4, 2009 ORDER CATHY BISSOON, United States Magistrate Judge. Defendants' Motion for Sanctions (Doc. 286), based on Plaintiffs' counsel's unauthorized communications with putative collective action members, will be denied, consistent with the instructions below. Defendants have come to learn, and Plaintiffs admit, that Plaintiffs' counsel mailed copies of a letter, dated September 1, 2009, to an untold number of putative collective action members in this case. See generally Pls.' Opp'n Br. (Doc. 29... Roma O. AMOR, Plaintiff v. Eric P. DODDS, et al., Defendants. , M.D.Pa., November 4, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. On July 13, 2009, Plaintiff filed a pro se complaint alleging claims pursuant to 42 U.S.C. §§ 1983, 1985 and an ADA claim pursuant to 42 U.S.C. § 12101 et seq. The case was referred to the magistrate judge who reviewed the complaint pursuant to 28 U.S.C. § 1915(e)(12). He determined, after a lengthy analysis, that the complaint needed to be amended to state a claim upon which relief could be granted. An amended complaint was filed on September 10, 2... Tina K. THOMAS, et al. v. Paul M. COADY, M.D., et al. , E.D.Pa., November 4, 2009 MEMORANDUM AND ORDER M. FAITH ANGELL, United States Magistrate Judge. On September 4, 2009, Defendant Main Line Hospitals, Inc. d/b/a The Lankenau Hospital filed a motion for partial summary judgment, seeking dismissal of all corporate liability claims against it. According to Defendant Main Line Hospitals, Plaintiffs' complaint "suggests that Plaintiffs are raising a direct claim for corporate liability/corporate negligence against Lankenau Hospital." Defendant Main Line Hospitals' Motion fo... Joseph W. FRIEL, Jr., Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. , W.D.Pa., November 4, 2009 MEMORANDUM ORDER TERRENCE F. McVERRY, District Judge. Now pending before the Court is the MOTION TO REMAND (Document No. 4) filed by Plaintiff Joseph W. Friel, Jr. ("Friel"). Defendant State Farm Mutual Automobile Insurance Company ("State Farm") filed a Response (Document No. 11), Plaintiff filed a Supplemental Memorandum (Document No. 13), and the motion is ripe for disposition. The gravamen of this case is that Plaintiff allegedly sustained injuries, inter alia, to "his neck, back, hern... CENTIMARK CORPORATION, a Pennsylvania corporation, Plaintiff, v. HIGHLAND COMMERCIAL ROOFING, LLC, an Arizona Limited Liability Company, and Erik Robert Elle, an adult individual, Defendants. , W.D.Pa., November 4, 2009 MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is the MOTION TO DISMISS PLAINTIFF'S COMPLAINT, with brief in support, filed by Defendant Highland Commercial Roofing, LLC (Document Nos. 14 and 16 ), the MEMORANDUM OF LAW IN OPPOSITION filed by Plaintiff, CentiMark Corporation (Document No. 21 ), and the REPLY filed by Highland Commercial Roofing, LLC (Document No. 22 ). For the reasons that follow, the Motion will be granted for lack of ju... Joseph NOVAK, Plaintiff v. POSTEN TAXI, INC., Bill Cook, John Katorkas, and Bo Keller, Defendants. , M.D.Pa., November 4, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court is Defendant Posten Taxi's motion for summary judgment (Doc. 50) and Defendant John Katorkas's motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 72). Having been fully briefed, the matters are ripe for disposition. Background This case arises from Plaintiff Joseph Novak's employment with Defendant Posten Taxi. Plaintiff worked for the defendant on a part-time basis for about twelve years.... George KONTONOTAS v. HYGROSOL PHARMACEUTICAL CORPORATION, et al. , E.D.Pa., November 4, 2009 ORDER AND OPINION JACOB P. HART, United States Magistrate Judge. Defendants Hygrosol Pharmaceutical Corporation and Spiro Spireas have filed a Motion to Compel Discovery. In it, they seek certain documents associated with the deposition of Frank A. Chrzanowski, Ph .D., Kontonotas's expert witness, which Kontonotas withheld as privileged. They also seek to compel Dr. Chrzanowski to answer certain deposition questions. For the reasons set forth below, Defendants' motion will be dismissed as moo... Jose POLANCO, Petitioner, v. Superintendent VARANO, et al., Respondents. , E.D.Pa., November 4, 2009 ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 28th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated May 27, 2009, and Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that: 1. Petitioner's objections are OVERRULED; 2. The Report and Recommend... Roland BUTLER, Petitioner, v. Raymond J. SOBINA, et al., Respondents. , E.D.Pa., November 4, 2009 ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 28th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's "Answer to Respondents August 11, 2009 Answer to His Application for Writ of Habeas Corpus," the Report and Recommendation of United States Magistrate Judge M. Faith Angell dated September 21, 2009, Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the ... Charles PHILLIPPI, Jr. and Janet Phillippi, husband and wife, Plaintiffs, v. PROGRESSIVE CORPORATION, Progressive Northern Insurance Company, and Progressive Direct Insurance Company, Defendants. , W.D.Pa., November 4, 2009 ORDER OF COURT DENYING MOTION TO DISMISS (DOC. NO. 6) ARTHUR J. SCHWAB, District Judge. Before the Court is Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 6), which seeks to dismiss all counts of plaintiffs' complaint, for a variety of reasons. In light of the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S.544 (2007), a complaint may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) if it does not allege "en... UNITED STATES of America v. Demond Poetry BEASON, Defendant. , W.D.Pa., November 4, 2009 MEMORANDUM OPINION AND ORDER McLAUGHLIN, SEAN J., District Judge. Presently pending before the Court is a motion by Defendant, Demond Poetry Beason to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. I. BACKGROUND On November 4, 2003, a federal grand jury in the Western District of Pennsylvania returned a three count Indictment charging Defendant with assault with intent to steal mail matter (Count I), assault of a United States Postal Service employee while she w... Gary CHEATHAM, Petitioner, v. Brian COLEMAN, et al., Respondents. , E.D.Pa., November 4, 2009 ORDER MITCHELL S. GOLDBERG, District Judge. AND NOW, this 28th day of October, 2009, upon consideration of the Petition for Writ of Habeas Corpus, Respondents' Answer thereto, Petitioner's "Response to the Respondents," the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski dated September 14, 2009, Petitioner's objections to the Report and Recommendation, and after a thorough and independent review of the record, it is hereby ORDERED that: 1. Petitioner's object... Quincy BERRY, Petitioner v. Raymond SOBINA, et al., Respondent. , E.D.Pa., November 4, 2009 ORDER R. BARCLAY SURRICK, District Judge. AND NOW, this 4th day of November, 2009, upon consideration of the Report and Recommendation filed by Magistrate Judge Arnold C. Rapoport on August 27, 2009, and pro se Petitioner Quincy K. Berry having filed no Objections, and after a careful review of the record, it is ORDERED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The Petition For Writ Of Habeas Corpus is DISMISSED with prejudice. 3. Petitioner's Motion Fo... William C. ABERCROMBIE, Individually and on Behalf of All Others Similarly Situated, Plaintiff(s), v. Pressley RIDGE, Defendant. , W.D.Pa., November 4, 2009 ORDER OF COURT ADOPTING REPORT AND RECOMMENDATION OF SPECIAL MASTER AT DOCUMENT NO. 68 ARTHUR J. SCHWAB, District Judge. After careful consideration of the motion for conditional certification of a collective class (doc. no. 56), the response in opposition thereto (doc. no. 60), and reply to the brief in opposition to the motion for class certification (doc. no. 66), as well as the objections to the Report and Recommendation of the Special Master (doc. no. 69), response, reply and sur- re... Noel ECHEVARRIA v. Louis S. FOLINO, et al. , E.D.Pa., November 4, 2009 MEMORANDUM LOWELL A. REED, JR., Senior District Judge. Presently before this court is the pro se petition for writ of habeas corpus filed by the petitioner Noel Echevarria ("the petitioner") and the response thereto (Doc. Nos. 1 & 14). For the reasons set forth below, the petition will be denied. I. PROCEDURAL AND FACTUAL HISTORY In its September 20, 2005 opinion, the Superior Court of Pennsylvania recounted the factual findings and procedural history of the trial court as follows: On ... UNITED STATES of America v. Brian GARTZ. , W.D.Pa., November 4, 2009 OPINION DIAMOND, District Judge. Presently before the court is petitioner Brian Gartz's ("petitioner") motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence (Document No. 71), the government's answer and reply to petitioner's § 2255 motion and motion to dismiss (Document No. 75), petitioner's reply to the government's answer (Document No. 80), and petitioner's motion for leave to amend his § 2255 motion (Document No. 79). For the reasons set forth below, the government's moti... ROBBINS MOTOR TRANSPORTATION, INC., Plaintiff, v. TRANSLINK, INC., et al., Defendants. , E.D.Pa., November 4, 2009 John F. Peoples, Broomall, PA, Stephen H. Cristal, Law Office of John F. Peoples, Broomall, PA, for Plaintiff. Richard D. Judd, Robinson Waters & O'Dorisio Pc, Denver, CO, Joseph A. Caprara Plymouth Meeting, PA, Craig Douglas Mills, Gerard Hudak Buchanan, Ingersoll & Rooney, Philadelphia, PA, for Defendants. MEMORANDUM LOUIS H. POLLAK, District Judge. This case, which is set for trial beginning on November 9, 2009, arises from an alleged underestimate of the weight of two convection modu... UNITED STATES of America v. Lee E. DAVIS, Jr. , E.D.Pa., November 4, 2009 MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION This case concerns allegations of a long-term scheme to defraud, in which defendant Lee E. Davis, Jr. ("Davis"), purportedly victimized a number of individuals and entities by taking cash in return for fraudulent surety bonds and certificates of workers' compensation insurance over a period of five-and- a-half years. Presently before the Court are two motions in limine--the Government's Motion in Limine to Admit Evidence of Crimes and Acts as... SIEMATIC MOBELWERKE GMBH & CO.KG, Plaintiff, v. SIEMATIC CORPORATION, et al., Defendants. , E.D.Pa., November 3, 2009 Andrew P. Hoppes, The Hoppes Law Firm LLC, Exton, PA, Christian C. Mattioli, Michael C. Falk, Reed Smith LLP, Philadelphia, PA, for Plaintiff. Shahan G. Teberian, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Philadelphia, PA, for Defendants. MEMORANDUM ANITA B. BRODY, District Judge. Plaintiff SieMatic Mobelwerke GmbH & Co. KG ("SMG") and Defendant SieMatic Corporation ("SMC") have filed briefs in response to my Order of July 15, 2009, directing the parties to submit a proposed form... Nakisha BOONE, et al. v. CITY OF PHILADELPHIA. , E.D.Pa., November 3, 2009 Daniel C. Levin, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, PC, Amsterdam, NY, Gary E. Mason, The Mason Law Firm, PC, Charles Joseph Laduca, Alexandra Warren, Cuneo Gilbert & Laduca, Washington, DC, Christopher G. Hayes, Law Offices of Christopher G. Hayes, West Chester, PA, for Nakisha Boone, et al. Eleanor N. Ewing, Kelly Diffily, Craig M. Straw, City of Philadelphia Law Department, Jeffrey M. Scott, Archer & Greiner... Michael WINSTON, Plaintiff, v. William F. MORGAN, et al., Defendants. , W.D.Pa., November 3, 2009 MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Plaintiff Michael Winston has filed in the above-captioned case a document styled as a "Pleeding [sic], Motion Request," in which he seeks issuance of a "Protection From Abuse Order made on: the Judicial System, the Sheriff Dept., and the Local Police [ ] in the County of Warren, PA." (Doc. No. 3.) In his supporting letter/brief (quoted below in unedited format), Plaintiff states the following: This letter is a personal, plea, for help,... Charlotte BERGDOLL, Plaintiff, v. The CITY OF YORK, Mark L. Whitman, Individually, Wesley Kahley, Individually, Police Officer A. Baez, Individually and as a Police Officer for the City of York, the County of York, Defendants. , M.D.Pa., November 3, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is the Motion of Defendant County of York ("the County") to Dismiss Plaintiff's Amended Complaint. (Doc. 38.) This Court will deny County of York's Motion to Dismiss Count IV of the Amended Complaint. It will also grant the Motion to Dismiss Counts VIII and IX of the Amended Complaint. BACKGROUND On January 5, 2009, this Court issued a Memorandum and Order that granted the Motions to Dismiss of Defendants County of Yo... Gelson Lopes BRANDAO, Petitioner, v. DISTRICT DIRECTOR FOR IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Respondents. , M.D.Pa., November 3, 2009 MEMORANDUM OPINION AND ORDER MARTIN C. CARLSON, United States Magistrate Judge. I. Statement of Facts and of the Case A. Gelson Brandao's Criminal History This case involves a habeas corpus petition filed by an immigration detainee and criminal recidivist, Gelson Brandao. The petitioner is a native and citizen of the Republic of Cape Verde. (Doc. 7, Immigrant Visa and Alien Registration, Ex. 1; Record of Deportable/Inadmissible Alient, Ex. 2.) He was admitted to the United States at New York,... Alpha BAH, Petitioner v. ATTORNEY GENERAL, et al., Respondents. , M.D.Pa., November 3, 2009 MEMORANDUM JAMES F. McCLURE, JR., District Judge. BACKGROUND: This case involved a habeas corpus petition filed on October 1, 2009 by an immigration detainee. The petitioner, Alpha Bah, is a citizen and national of Guinea who was being held in immigration custody at the York County Prison pending deportation. On October 1, 2009 Bah filed a pro se habeas corpus petition in federal court. Alleging that he had been held by immigration officials since March 2009, and citing the Supreme Court's de... Terry Dee GRAHAM, II, Plaintiff, v. PA STATE POLICE LANCASTER COUNTY and Trooper Ariel Torres, Defendants. , E.D.Pa., November 3, 2009 MEMORANDUM JONES II, District Judge. I. Introduction Presently before the Court is Defendants' Motion to Dismiss (Docket No. 8) and Plaintiff's response thereto. The Motion will be granted. II. Legal Standard In deciding a motion to dismiss pursuant to Rule 12(b)(6), courts must "accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to r... In re SOUTH CANAAN CELLULAR INVESTMENTS, LLC and South Canaan Cellular Equity, LLC Lackawaxen Telecom, INC. v. South Canaan Cellular Investments, LLC and South Canaan Cellular Equity, LLC. , E.D.Pa., November 3, 2009 MEMORANDUM AND ORDER JOYNER, District Judge. By this appeal, Appellant Lackawaxen Telecom, Inc. ("LTI") seeks reversal of the May 19, 2009 Memorandum Decisions issued by U.S. Bankruptcy Judge Bruce Fox denying its Motions to Dismiss these two jointly administered Chapter 11 Bankruptcy matters. For the reasons which follow, we shall affirm the decisions [FN1] of the Bankruptcy Court. FN1. Because the decisions are, for all intents and purposes, identical, we hereafter refer to them in... ALPHA FINANCIAL MORTGAGE, INC., et al., Plaintiffs, v. Donald A. BAUGH, et al., Defendants. , W.D.Pa., November 3, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. On October 19, 2009, this case was referred to United States Magistrate Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates. Also on October 19, 2009, the magistrate judge issued a Report (Doc. 14) recommending that Defendants' Motions to Dismiss (Docs. 8 & 10) be denied, and that this case be remanded to state court f... The GRAHAM COMPANY, Plaintiff, v. STANTON T. GRIFFING AND CONNOR STRONG COMPANIES, INC. f/k/a Commerce Insurance Services, Inc., Defendants. , E.D.Pa., November 3, 2009 MEMORANDUM JONES II, District Judge. Before the Court is Defendants' Amended Motion to Disqualify Plaintiff's Counsel (Docket No. 52), Plaintiff's Response thereto, and Defendants' Reply thereto. Stanton T. Griffing and Connor Strong Companies, Inc. (f/k/a Commerce Insurance Services, Inc.) ("Defendants") contend that, because in 2006 and 2007 Woodcock Washburn LLP ("Woodcock Washburn") represented the predecessor to Connor Strong Companies, Inc., in a trademark litigation concerning use of t... UNITED STATES of America v. Gregory MILLER. , E.D.Pa., November 3, 2009 MEMORANDUM McLAUGHLIN, District Judge. Gregory Miller has been charged by indictment with possession with intent to distribute five grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking crime. He has moved to suppress physical evidence and statements. The Court held an evidentiary hearing on October 14, 2009. The Court will deny the motion. I. Findings of Fact Police Officer Alton Alston first saw the defendant on the corner of 65th & Greenway at ar... Khalil FOFANA, Petitioner v. DISTRICT DIRECTOR FOR ICE, et al., Respondents. , M.D.Pa., November 3, 2009 Khalil Fofana, York, PA, pro se. Dennis Pfannenschmidt, U.S. Attorney's Office, Harrisburg, PA, Timothy Judge, Scranton, PA, for Respondents. MEMORANDUM JAMES F. McCLURE, JR., District Judge. BACKGROUND: On July 23, 2009, the petitioner, Khalil Fofana, formerly an inmate in the York County Prison, York, Pennsylvania, filed, through counsel, this 28 U.S.C. § 2241 petition for a writ of habeas corpus. In his habeas petition, Fofana stated that he was held in the custody of the Bureau of Im... UNITED STATES of America v. Shannon Lamont MATHIS, Defendant. , W.D.Pa., November 2, 2009 Marshall J. Piccinini, U.S. Attorney's Office, Erie, PA, for United States of America. Elliot J. Segel, Segel & Solymosi, Erie, PA, for Defendant. MEMORANDUM OPINION AND ORDER McLAUGHLIN, SEAN J., District Judge. Presently pending before the Court is a motion filed by Shannon Lamont Mathis ("Defendant") entitled "Motion For Reduction of Term of Imprisonment Amended Pursuant to Title 18 U.S.C. 3582(c)(2) and § 1B1.10/c Sentence Guidelines in Lieu of Amendment 706-Crack Cocaine Offenses / ... UNITED STATES of America v. Regonaldo N. DEMELIO. , W.D.Pa., November 2, 2009 Regonaldo Demelio, White Deer, PA, pro se. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO VACATE SENTENCE (DOC. NO. 95) AND RELATED PENDING MOTIONS (DOCS. NO. 107, 109, 110, 115 AND 116) ARTHUR J. SCHWAB, District Judge. Before the Court are six pending post-conviction motions filed pro se by defendant Regonaldo N. Demelio. By way of background, on April 28, 2006, following a jury verdict of guilty on a charge of threatening a federal law enforcement officer in violation of 18 U.S .C. § 115(... Cheryl FAYLOR, Plaintiff, v. Michael SZUPPER, individually and as Relocation Specialist United States Dept. of Housing and Urban Development (HUD); John Tolbert, individually and as Field Office Director, HUD; Westmoreland County, Pa., Homes Build , W.D.Pa., November 2, 2009 MEMORANDUM OPINION AND ORDER MITCHELL, United States Magistrate Judge. Presently before the Court is the plaintiff's "motion for leave to file a late jury demand" (Document No. 117). For reasons discussed below, the plaintiff's motion will be denied. On August 4, 2008, plaintiff Cheryl Faylor, proceeding pro se, filed a complaint pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"), 42 U.S.C. §§ 4601, et seq. The complaint did not include... Ralph J. REDMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , W.D.Pa., November 2, 2009 MEMORANDUM AND ORDER MITCHELL, United States Magistrate Judge. Presently before the Court for disposition are cross motions for summary judgment. For the reasons set forth below, the plaintiff's motion for summary judgment (Docket No. 9) will be denied; the defendant's motion for summary judgment (Docket No. 11) will be granted; the determination of the Commissioner will be affirmed and judgment entered accordingly. On May 11, 2009, Ralph J. Redman, by his counsel, filed a complaint pu... Thomas P. JASIN, Plaintiff v. MICHAEL, BEST AND FRIEDRICH, LLP, Defendant. , E.D.Pa., November 2, 2009 MEMORANDUM STENGEL, District Judge. Before the Court is a motion for summary judgment filed by defendant Michael, Best, and Friedrich, LLP ("Michael Best"). The plaintiff, Thomas P. Jasin, has filed suit alleging professional malpractice in connection with a 1992 criminal trial during which he was represented by an attorney from Michael Best. Mr. Jasin was found guilty of conspiracy to violate an arms embargo against South Africa and sentenced to two years in prison; however, his habeas corpu... Arielle WOLINSKY, Plaintiff v. A & M TRANSIT LINES, INC., et al., Defendants. , E.D.Pa., November 2, 2009 MEMORANDUM STENGEL, District Judge. Arielle Wolinsky was a passenger on a Greyhound bus traveling through the Lincoln Tunnel in the State of New Jersey when it was involved in a collision with another bus owned by A & M Transit Lines. She brought a negligence action in the Court of Common Pleas of Philadelphia County against (1) A & M; (2) Greyhound Lines and Laidlaw International, as co-owners of the bus upon which she was riding; and (3) Francisco C. Martinez, the driver of the Greyhound bu... PRESCOD, et al., Plaintiffs, v. BUCKS COUNTY, et al., Defendants. , E.D.Pa., November 2, 2009 MEMORANDUM AND ORDER TUCKER, District Judge. Presently before the Court are Plaintiff's Petition for Attorneys' Fees and Costs (Doc. 31), Defendants' Motion for Summary Judgment (Doc. 35), Plaintiff's Motion to Amend Complaint (Doc. 37) and all responses thereto. I. BACKGROUND Plaintiffs initiated this action to redress alleged violations by Defendants of Section 2 of the Voting Rights Act of 1965, as amended (42 U.S.C. § 1973). Plaintiffs are registered voters of the Creekside apartment co... UNITED STATES of America v. NOBEL LEARNING COMMUNITIES, INC. , E.D.Pa., November 2, 2009 MEMORANDUM McLAUGHLIN, District Judge. The United States of America brought suit through its enforcement powers against Nobel Learning Communities, Inc. ("NLC"), a private, for-profit corporation that operates a charter school network. The United States claims that NLC is engaged in discriminatory practices in violation of the Americans with Disabilities Act ("Title III" or "ADA") and its implementing regulations. It alleges that NLC discriminated and will continue to discriminate against chi... UNITED STATES of America v. Levi Daniel MORALES-RUIZ, Defendant. , M.D.Pa., November 2, 2009 MEMORANDUM JAMES F. McCLURE, JR., District Judge. BACKGROUND: On December 11, 2008, a Grand Jury sitting in the Middle District of Pennsylvania handed down a three-count indictment against the defendant. On April 23, 2009, a four-count superseding indictment was returned charging the defendant, Levi Daniel Morales-Ruiz, with Distribution of a Controlled Substance (Count I), Possession of a Firearm by an Illegal Alien (Count II), Possession of a Firearm During a Drug Trafficking Crime (Count I... Abraham David WEISEL, Plaintiff v. C/O Keith FRANK, York County Prison, Defendants. , M.D.Pa., November 2, 2009 MEMORANDUM CHRISTOPHER C. CONNER, District Judge. Presently before the court is a civil rights complaint filed by Abraham David Weisel ("Weisel"), an inmate at the York County Prison, York, Pennsylvania. (Doc. 1.) Named as defendants are "C/O Keith Frank" and York County Prison. (Id.) Weisel seeks to proceed in forma pauperis. (Doc. 7.) For the reasons that follow, the motion will be granted solely for the purpose of the filing of the action and the complaint will be dismissed pursuant to 28 ... Frank SYLVESTER a/k/a Frank J. Sylvester, Mildred Sylvester, Plaintiffs v. SOUTHWESTERN ENERGY PRODUCTION COMPANY, Defendant. , M.D.Pa., November 2, 2009 MEMORANDUM THOMAS I. VANASKIE, District Judge. At issue on Defendant's Motion to Dismiss in this action removed to this Court from the Court of Common Pleas of Lackawanna County on the basis of diversity of citizenship is whether the untimely tender of payment on a natural gas lease entitles the lessor to declare the lease "null and void." Because the parties' agreement did not include a "time is of the essence" clause, the tender of payment was only a few weeks late, and the payment was made... UNITED STATES of America, v. Altimont WILKS. , M.D.Pa., November 2, 2009 ORDER CHRISTOPHER C. CONNER, District Judge. AND NOW, this 2nd day of November, 2009, upon consideration of the defendant's motion (Doc. 120) to vacate his sentence pursuant to 28 U.S.C. § 2255, [FN1] which was filed March 5, 2009, and it appearing that the one- year statute of limitations period applicable to defendant's motion began to run on January 7, 2008, [FN2]see Kapral v. United States, 166 F.3d 565, 569 (3d Cir.1999) (explaining that " § 2255's limitation period begins to run on the ... Alvin SWIGGETT v. UPPER MERION TOWNSHIP, et al. , E.D.Pa., November 2, 2009 MEMORANDUM O'NEILL, District Judge. On June 4, 2008, plaintiff Alvin Swiggett filed a complaint against defendants Upper Merion Township, Officer John Caldwell and Officer John W. Wright, Jr. alleging that he was injured by defendants' actions, leading to the deprivation of his Fourth, Fifth, Eighth and Fourteenth Amendment constitutional rights. He brought suit under 42 U.S.C. § 1983, and included § 1983 conspiracy claims. By Order of November 17, 2008, I dismissed defendant's § 1983 conspir... SHEET METAL WORKERS LOCAL 441 HEALTH & WELFARE PLAN, et al., Plaintiffs v. GLAXOSMITHKLINE, PLC, et al, Defendants. , E.D.Pa., November 2, 2009 MEMORANDUM STENGEL, District Judge. This is a putative class action brought by indirect purchasers of Wellbutrin SR. Before the Court is defendants' motion for judgment on the pleadings (Docket # 221), in which they assert that because plaintiffs cannot state a cause of action under the laws of their respective home states, their claims must be dismissed. A resolution of this issue should precede the issues of class certification and summary judgment. For the reasons set forth below, I will ... Ginger GIOFFRE, Plaintiff v. COUNTY OF BUCKS, et al., Defendants. , E.D.Pa., November 2, 2009 MEMORANDUM GENE E.K. PRATTER, District Judge. Ginger Gioffre, as administrator for the estate of Jay Gioffre, Sr. and on behalf of his heirs, filed suit in September 2008 alleging that Mr. Gioffre was denied medical care at the Bucks County Correctional Facility and, as a result, died from complications from MSRA and withdrawal from narcotic drugs. Plaintiff has had the opportunity to amend her complaint several times. In previous motions to dismiss, there have been defense arguments that the... UNITED STATES of America, v. Claudelle McMAHILL, Defendant. , W.D.Pa., October 30, 2009 MEMORANDUM OPINION CONTI, District Judge. Pending before the court is a motion for judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29(a) submitted orally by defendant Claudele [FN1] McMahill ("defendant" or "McMahill"). After considering the submissions of the parties, the court will deny McMahill's motion because the government introduced sufficient evidence for the jury to return a verdict of guilty. FN1. Defendant's first name was misspelled as "Claudelle" on ... A.G. CULLEN CONSTRUCTION, INC., Arlene Cullen, and Paul Cullen, Plaintiffs, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, et al., Defendants. , W.D.Pa., October 30, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Presently before the Court is Plaintiffs A.G. Cullen Construction, Inc., Arlene Cullen, and Paul Cullen's ("Plaintiffs") Motion to Dismiss (Docket No. 69) Defendant Travelers Casualty and Surety Company of America's ("Travelers") counterclaims (see Docket No. 58 at 28-43), pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons outlined herein, Plaintiffs' motion is DENIED, without prejudice. In support of their motion, Pla... UNITED STATES of America v. Samuel J. MANFREDI and Marilyn T. Manfredi, Defendants. , W.D.Pa., October 30, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Upon consideration of Defendants Samuel J. Manfredi and Marilyn T. Manfredi's Motion to Submit Written Questionnaire to Prospective Jurors (Docket No. 152), their Brief in Support (Docket No. 153) and their Proposed Juror Questionnaire (Docket No. 153-2), to which the Government does not object, and after hearing oral argument from counsel on October 27, 2009, and for the following reasons, Defendants' Motion [152] is denied. Accordingly, t... UNITED STATES v. Regie WHITNER. , W.D.Pa., October 30, 2009 OPINION AND ORDER DONETTA W. AMBROSE, District Judge. SYNOPSIS In this criminal action, Defendant pleaded guilty to a single count of Violating 21 U.S.C. § 846. Subsequently, he was sentenced to a term of imprisonment of 235 months. He has filed a Petition pursuant to 28 U.S.C. § 2255, seeking to vacate his sentence. Defendant raises several grounds for his Motion, including the invalidity of his waiver of appeal and collateral attack rights. Primarily, the Motion is based on an allegedly defi... Marty A. MOHOSKI v. Melissa J. FREEMAN, et al. , E.D.Pa., October 30, 2009 MEMORANDUM PADOVA, District Judge. Pro se Plaintiff Marty Mohoski brings this action in forma pauperis pursuant to 42 U.S.C. § 1983 against Melissa J. Freeman, Esq., an assistant district attorney in the Berks County District Attorney's Office, and John T. Adams, Esq., the District Attorney for Berks County, alleging violations of his constitutional rights under the Sixth, Eighth, and Fourteenth Amendments, as well as violations of state law, arising out of his pre-trial incarceration in Berk... DEANGELO BROTHERS, INC., Plaintiff, v. PLATTE RIVER INSURANCE COMPANY, Defendant. , M.D.Pa., October 30, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before this Court are two motions: a Motion to Dismiss or for Summary Judgment by Defendant Platte River Insurance Company (Doc. 6); and a Motion for Summary Judgment by Plaintiff DeAngelo Brothers, Inc. (Doc. 9.) Because a review of the record demonstrates that dismissal or summary judgment is inappropriate at this time, both motions will be denied. This Court has jurisdiction by way of the parties diversity and amount in controversy pu... Douglas HOLLIS, James Taylor, Simon Evans, Mitchell Diventura, and Diane Metzger, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants. , M.D.Pa., October 30, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court are Defendants' Motion to Dismiss the Amended Complaint (Doc. 7) and Plaintiffs' Motion for Leave to File a Second Amended Complaint (Doc. 33). The Court will grant Defendants' Motion to Dismiss because Plaintiffs lack standing to bring their claims and deny Plaintiffs' Motion for Leave to File a Second Amended Complaint because the proposed amendments would be futile. BACKGROUND Prior to 1997, Article IV, Section 9 of... Kelley Troy COOLEY, Plaintiff, v. County Executive Mark DIVECCHIO, et al, Defendants. , W.D.Pa., October 30, 2009 MEMORANDUM ORDER MAURICE B. COHILL, JR., District Judge. Plaintiff's complaint was received by the Clerk of Court on August 9, 2006, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. On May 16, 2008, pro se plaintiff Kelley Troy Cooley requested leave to amend his complaint, the request was denied by the Magistra... UNITED STATES of America v. John PURCELL. , E.D.Pa., October 30, 2009 John Purcell, pro se. MEMORANDUM DuBOIS, District Judge. I. INTRODUCTION Defendant John Purcell was convicted by a jury trial of one count of conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. § 846, and one count of manufacturing methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) and 18 U.S.C. § 2. At sentencing, the Court imposed a twenty-year sentence, the mandatory minimum sentence for the offenses. Presently before the Court are two pro s... Oddell CANNON v. James FITZGERALD. , E.D.Pa., October 30, 2009 Oddell Cannon, White Deer, PA, pro se. MEMORANDUM THOMAS N. ONEILL, JR., District Judge. Plaintiff, a pro se litigant, filed a Bivens action against defendant, an FBI agent, alleging violations of unspecified Constitutional rights. Defendant has moved to dismiss plaintiff's claim pursuant to Rule 12(b)(6). Presently before me are defendant's motion to dismiss, plaintiff's response and defendant's reply. For the following reasons I will grant defendant's motion to dismiss. BACKGROUND ... In re LE-NATURE'S INC. Marc S. Kirschner, solely in his capacity as the Liquidation Trustee of the Le- Nature's Liquidation Trust, Plaintiff, v. Wachovia Captial Markets, LLC, et al., Defendants. , W.D.Pa., October 30, 2009 OPINION AND ORDER OF THE COURT AMBROSE, Chief Judge. Pending before the court is a Motion to Dismiss filed by Defendants, Krones AG, Krones Inc., Heinz Sommer, and Dr. Volker Kronseder (hereinafter, collectively referred to as "Krones"), seeking to dismiss all claims asserted against them (counts Three, Four, Seven, Eight, Nine and Twelve) in Plaintiff's Complaint. [FN1] (Docket No. 85 at 8-cv-1518 and Docket No. 62 at 9- mc-162). [FN2] Plaintiff, Marc S. Kirschner ("Kirschner"), in his capac... Steven Lawrence SCHOONMAKER, et al v. HIGHMARK BLUE CROSS BLUE SHIELD, et al. , E.D.Pa., October 30, 2009 John Gerard Devlin, John Gerard Devlin & Associates Pc, Philadelphia, PA, for Steven Lawrence Schoonmaker, et al. MICHAEL P. ROBIC, II, METZ LEWIS, LLC, PITTSBURGH, PA, for Highmark Blue Cross Blue Shield, et al. MEMORANDUM O'NEILL, District Judge. Defendants Highmark Blue Cross Blue Shield and Highmark, Inc. filed a motion to dismiss and a motion to transfer venue to the United States District Court for the Western District of Pennsylvania on February 25, 2009. Plaintiffs filed their re... Marie CANGE v. PHILADELPHIA PARKING AUTHORITY. , E.D.Pa., October 30, 2009 May Mon Post, Cohen, Fluhr & Gonzalez, P.C., Philadelphia, PA, for Marie Cange. Patrick J. Doran, Edward L. Ciemniecki, Pelino & Lentz, Phila, PA, for Philadelphia Parking Authority. MEMORANDUM O'NEILL, District Judge. Plaintiff Marie Cange filed a complaint against her former employer, defendant Philadelphia Parking Authority, alleging discrimination based on her national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d and 2000e, the Civi... UNITED STATES of America v. Marcellas HOFFMAN. , E.D.Pa., October 30, 2009 Marcellas Hoffman, pro se. MEMORANDUM ROBERT F. KELLY, Senior District Judge. Presently before this Court is Petitioner, Marcellas Hoffman's ("Hoffman"), pro se Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (" § 2255 Motion"). For the reasons set forth below, this Motion is denied. I. BACKGROUND On April 18, 2001, Hoffman was indicted on a five-count indictment which included the following charges: (1) Count 1-conspiracy, in violation of Title 21, United S... Glenn Lee YOUNG, Plaintiff, v. Mary Beth BUCHANAN, et al., Defendants. , W.D.Pa., October 30, 2009 Glenn Lee Young, Scranton, PA, pro se. Megan E. Farrell, United States Attorney's Office, Pittsburgh, PA, for Defendants. MEMORANDUM ORDER GARY L. LANCASTER, Chief Judge. Glenn Lee Young's civil rights complaint was received by the Clerk of Court on December 15, 2008, and was referred to United States Magistrate Judge Cathy S. Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for Magistrates. Plai... Ancell HAMM, Plaintiff, v. Edward RENDELL, et al., Defendants. , W.D.Pa., October 30, 2009 Ancell Hamm, Labelle, PA, pro se. Lisa W. Basial, Office of the Attorney General, Harrisburg, PA, for Defendants. MEMORANDUM ORDER GARY L. LANCASTER, Chief Judge. Ancell Hamm's complaint pursuant to 42 U.S.C. § 1983 was filed on April 2, 2008, and was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for Magistrates. The matter was later referred ... Grace MORGAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Pa., October 30, 2009 MEMORANDUM BUCKWALTER, Senior District Judge. Currently before the Court are the Objections of the Plaintiff, Grace Morgan, to the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo affirming the denial of Social Security disability insurance benefits. Having engaged in a thorough review of the Objections, the Response of the Commissioner of Social Security (the "Commissioner"), the Magistrate Judge's Report and Recommendation, and the certified administrative reco... UNITED STATES of America v. Kenneth MITAN Frank Mitan. , E.D.Pa., October 30, 2009 MEMORANDUM RE: ADMISSIBILITY OF EVIDENCE BAYLSON, District Judge. The Court has ruled on several evidentiary issues at the trial, and this Memorandum will explain the basis for these rulings. The rulings are as follows: 1. The testimony of Kenneth Mitan and Frank Mitan at an arbitration proceeding brought by the Williams Fund in relation to Engel Corporation is admissible against the declarant, and also as statements made during and in furtherance of the conspiracy, and admissible against ... Mary NOLAN, Plaintiff, v. Eric K. SHINSEKI, Secretary of the Department of Veterans Affairs, Defendant. , W.D.Pa., October 30, 2009 ORDER GARY L. LANCASTER, Chief Judge. AND NOW, this 30th day of Oct, 2009, after the plaintiff filed a complaint in the above-captioned case, and after the defendant submitted a motion for summary judgment, and after a Report and Recommendation was issued by the United States Magistrate Judge, and the parties were given an opportunity to file written objections thereto by October 19, 2009, and no objections having been filed, and after independent review of the pleadings, and the Magistrate J... Thomas BUZZERD and Kristi Courtney, Plaintiffs v. FLAGSHIP CARWASH OF PORT ST. LUCIE, INC.; U-Haul Co. of Florida; and U-Haul Co. of Arizona, Defendants. , M.D.Pa., October 29, 2009 Matthew A. Cartwright, Munley, Munley & Cartwright, Plains, PA, for Plaintiffs. Kevin M. Conaboy, Abramsen, Moran & Conaboy, P.C., Scranton, PA, Randy J. Soriano, Harness, Dickey & Pierce, Stephen G. Strauss, Bryan Cave LLP, St. Louis, MO, for Defendants. MEMORANDUM THOMAS I. VANASKIE, District Judge. This is a personal injury action removed to this Court based upon diversity of citizenship jurisdiction. See28 U.S.C. § 1332 and 28 U.S.C. § 1441 . [FN1] Plaintiffs, Thomas Buzzerd and Kr... Robert T. PRITCHARD and Elizabeth Ann Pritchard, Plaintiffs, v. DOW AGRO SCIENCES, a division of Dow Chemical Company, Southern Mill Creek Products of Ohio, and Residex Products, Defendants. , W.D.Pa., October 29, 2009 Named Expert: Dr. Bennet I. Omalu, M.D., M.B.A., M.P.H. David B. Rodes, Goldberg, Persky & White, P.C., Pittsburgh, PA, for Plaintiffs. Brad E. Rago, Barnes & Thornburg, LLP, Chicago, IL, Kimberly A. Brown, Vincent M. Roskovensky, Thorp, Reed & Armstrong, Pittsburgh, PA, William E. Padgett, Barnes & Thornburg, LLP, Indianapolis, IN, for Defendant. ORDER OF COURT NORA BARRY FISCHER, District Judge. AND NOW, this 29th day of October, 2009, upon consideration of (1) Defendants' Motion t... Mary Kathleen KIRBY, Plaintiff, v. J.C. PENNEY CORPORATION, INC., Defendant. , W.D.Pa., October 29, 2009 MEMORANDUM ORDERS OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court are the following Motions in Limine filed by Plaintiff in this matter: (1) PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OF LOST WAGES OR MITIGATION TO THE JURY (Document number 28); (2) PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ELAINE SAVKO'S LAWSUIT AGAINST FORMER EMPLOYER (Doc. # 29); and (3) PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF AMOUNT OF UNEMPLOYMENT BENEFITS (D... Mary Kathleen KIRBY, Plaintiff, v. J.C. PENNEY CORPORATION, INC., Defendant. , W.D.Pa., October 29, 2009 MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is DEFENDANT'S MOTION IN LIMINE TO EXCLUDE UNEMPLOYMENT COMPENSATION DOCUMENTS, filed at docket entry number 50 (Doc. # 50), and PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE UNEMPLOYMENT COMPENSATION DOCUMENTS, filed at Doc. # 52. The motion is ripe for disposition. At the outset, the Court will address the timing of Defendant's motion. This Court issued its T... Mary Kathleen KIRBY, Plaintiff, v. J.C. PENNEY CORPORATION, INC., Defendant. , W.D.Pa., October 29, 2009 MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ELAINE SAVKO'S WORK PERFORMANCE (Docket entry number 30), and the DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTIONS IN LIMINE (Doc. # 45). [FN1] The motion is ripe for disposition. FN1. On October 13, 2009, Plaintiff filed various pretrial motions in limine, as contained within the docket at docket entry numbers 27-31, seeking to either... Mary Kathleen KIRBY, Plaintiff, v. J.C. PENNEY CORPORATION, INC., Defendant. , W.D.Pa., October 29, 2009 MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is DEFENDANT'S MOTION IN LIMINE TO PRECLUDE USE OF DEPOSITION EXCERPTS OF GERALDINE GARDNER AS TRIAL TESTIMONY BY THE PLAINTIFF, filed at docket entry number 49 (Doc. # 49), and PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO PRECLUDE USE OF DEPOSITION EXCERPTS OF GERALDINE GARDNER AS TRIAL TESTIMONY BY THE PLAINTIFF, filed at Doc. # 51. The motion is ripe for disposition. ... ALLSTATE INSURANCE COMPANY, as successor-in-interest to Northbrook Excess and Surplus Insurance Company, formerly Northbrook Insurance Company, Plaintiff, v. CENTURY INDEMNITY COMPANY, as successor to CCI Insurance Company, as successor to Cigna Sp, E.D.Pa., October 29, 2009 MEMORANDUM OPINION AND ORDER RUFE, District Judge. On April 15, 2009, Plaintiff Allstate Insurance Company ("Allstate") filed a Motion for Summary Judgment against Defendants Century Indemnity Company ("Century") and Greater New York Mutual Insurance Company ("GNY"). [FN1] On May 22, 2009, Century filed a Brief Opposing Allstate's Summary Judgment and Supporting Century's Cross-Motions. [FN2] In its opposition brief, Century moves for a continuance and additional discovery pursuant to Federa... Traian CRUCERU v. Raymond SOBINA, et al. , E.D.Pa., October 29, 2009 ORDER J. CURTIS JOYNER, District Judge. AND NOW, this 27th day of October, 2009, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Jacob P. Hart and the Petitioner's objections thereto, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The petition for writ of habeas corpus is DENIED. 3. There is no basis for the issuance of a c... Mary BAIER, Plaintiff, v. JERSEY SHORE STATE BANK, Defendant. , M.D.Pa., October 29, 2009 MEMORANDUM JAMES F. McCLURE, JR., District Judge. BACKGROUND: Before this Court are two motions in limine filed by defendant Jersey Shore State Bank ("JSSB" or the "Bank"). JSSB's first motion seeks to exclude the testimony of Baier's psychologist and psychiatrist as expert witnesses and any of Baier's medical records. (See Rec. Doc. No. 35). The Bank's second motion seeks "to exclude all findings of the Unemployment Compensation Review Board and the subsequent decision of the Commonwealth Co... Kenneth J. TAGGART v. CHASE BANK USA, N.A. and JP Morgan Chase Bank N.A. d/b/a Chase Home Finance, LLC. , E.D.Pa., October 29, 2009 MEMORANDUM FULLAM, Senior District Judge. This is the second action brought by the pro se plaintiff, Kenneth J. Taggart, regarding a 2005 mortgage and loan. The first action, Taggart v. Chase Bank USA, Civil Action No. 09-1533 (E.D.Pa.), was dismissed on June 15, 2009, because the statute of limitations barred the plaintiff's claim. The plaintiff has appealed that dismissal, and the appeal is pending. Approximately a month after the dismissal, the plaintiff filed a new complaint in the Phi... Gregory J. SKALER v. MARINA DISTRICT DEVELOPMENT CO., LLC, et al. , E.D.Pa., October 29, 2009 MEMORANDUM LUDWIG, District Judge. This is a personal injury action arising from an assault and battery on May 26, 2008. Complaint, ¶¶ 9-10. On June 15, 2009, plaintiff filed a complaint against defendants in the Philadelphia Court of Common Pleas. Exhibit "A" to defendant's motion. On June 16, 2009, plaintiff served a copy of plaintiff's complaint on defendant Marina District Development Co., LLC, d/b/a Borgata. Exhibit "B" to defendant's motion. On August 19, 2009, plaintiff filed a praecip... Raymond W. ACCOLLA, Plaintiff, v. UNITED STATES, et al., Defendants. , M.D.Pa., October 29, 2009 MEMORANDUM Hon. JOHN E. JONES III, Judge. THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS: This matter is before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Thomas M. Blewitt (Doc. 63), filed on July 8, 2009, which recommends that we grant the Defendants Motion for Summary Judgment. Plaintiff Raymond W. Acccolla ("Plaintiff" or "Accolla") filed objections to the report (Doc. 67) on September 3, 2009. The Defendants filed an opposition to the Plaintiff's objections... Stacey FISSEL, Plaintiff v. Janet NAPOLITANO, Secretary, U.S. Department of Homeland Security, Defendant. , M.D.Pa., October 29, 2009 MEMORANDUM SYLVIA H. RAMBO, District Judge. In this case, Plaintiff seeks relief pursuant to Title VII [FN1] of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII") against Defendant Janet Napolitano in her capacity as Secretary of the United States Department of Homeland Security. Plaintiff is a former employee of the United States Immigration and Customs Enforcement ("ICE"), an agency located within the Department of Homeland Security. Before the court is Defe... Gregory J. SKALER v. MARINA DISTRICT DEVELOPMENT CO., LLC, et al. , E.D.Pa., October 29, 2009 ORDER EDMUND V. LUDWIG, District Judge. AND NOW, this 29th day of October, 2009, "Plaintiff Gregory J. Skaler's Motion to Remand Filed Pursuant to 28 U.S.C.A. § 1447 to State Court" (docket no. 4) is denied as moot, an amended motion having been filed on September 29, 2009 (docket no. 6). The amended motion to remand is also denied. MEMORANDUM This is a personal injury action arising from an assault and battery on May 26, 2008. Complaint, ¶¶ 9-10. On June 15, 2009, plaintiff filed a complai... Kenneth J. TAGGART v. CHASE BANK USA, N.A. and JP Morgan Chase Bank N.A. d/b/a Chase Home Finance, LLC. , E.D.Pa., October 29, 2009 ORDER JOHN P. FULLAM, Senior District Judge. AND NOW, this 29th day of October 2009, upon consideration of the defendants' Motion to Dismiss, and plaintiff's response, IT IS ORDERED: 1. The defendants' motion is GRANTED. This action is DISMISSED with prejudice. 2. The Clerk is directed to close the file. MEMORANDUM This is the second action brought by the pro se plaintiff, Kenneth J. Taggart, regarding a 2005 mortgage and loan. The first action, Taggart v. Chase Bank USA, Civil Action... Hozay ROYAL, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Pa., October 29, 2009 MEMORANDUM NORMA L. SHAPIRO, Senior District Judge. This matter comes before the Court on the pro se motion of Hozay Royal to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Royal contends the court erred in denying him a four level sentence reduction based on state charges that were eventually withdrawn. Because the Court of Appeals addressed Royal's arguments on direct appeal, the court will deny the Section 2255 motion and decline to issue a certificate of appealability.... Frank RIVERA, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants. , W.D.Pa., October 29, 2009 MEMORANDUM AND ORDER CATHY BISSOON, United States Magistrate Judge. Frank Rivera is a state prisoner currently incarcerated in the State Correctional Institution at Greene, located in Waynesburg, Pennsylvania. All parties have consented to the undersigned exercising jurisdiction in this case (Docs.29, 30, 31). Defendants have filed Motions to Dismiss (Docs.25, 32), and Plaintiff has been directed to respond. Plaintiff has now filed a Motion for Injunctive Relief (Doc. 35) asserting that he ha... Muhamid THORNTON, Plaintiff, v. Paul ABLE, individually and in his capacity as an officer for the City of Pittsburgh Police Department; Lori Dobrosielski, individually and in her capacity as an officer for the Allegheny County Sheriffs Office; City, W.D.Pa., October 29, 2009 ORDER OF COURT TERRENCE F. McVERRY, District Judge. On October 14, 2009, the Court issued an ORDER TO SHOW CAUSE as to why the amended complaint should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) as to Defendants Lori Dobrosielski, City of Pittsburgh, Allegheny County Sheriffs Department, City of Pittsburgh Police Chief Nate Harper, City of Pittsburgh Police Department, and Renee Racsuta. On October 27, 2009, Plaintiff, pro se, filed his Response to the... Michael WINSTON, Plaintiff, v. Tom RIEL, et al., Defendants. , W.D.Pa., October 29, 2009 MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Michael Winston is a pro se plaintiff prosecuting this and numerous other civil actions before this Court. In six of his pending cases, Plaintiff has filed a document styled as a "Petitioner for Writ of Mandamus" ostensibly directed to the United States Supreme Court in which the "question presented for review" is whether the undersigned should be "disqualified to maintain the integrety [sic] of the federal judicial system." In each of the ... Michael WINSTON, Plaintiff, v. William F. MORGAN, et al., Defendants. , W.D.Pa., October 29, 2009 MEMORANDUM ORDER SEAN J. McLAUGHLIN, District Judge. Michael Winston is a pro se plaintiff prosecuting this and numerous other civil actions before this Court. In six of his pending cases, Plaintiff has filed a document styled as a "Petitioner for Writ of Mandamus" ostensibly directed to the United States Supreme Court in which the "question presented for review" is whether the undersigned should be "disqualified to maintain the integrety [sic] of the federal judicial system." In each of the ... Marina KARAKOZOVA, Ph.D., Plaintiff(s), v. UNIVERSITY OF PITTSBURGH, Defendant(s). , W.D.Pa., October 29, 2009 Order Granting Renewed Motion to Dismiss the Amended Complaint (doc. no. 100) ARTHUR J. SCHWAB, District Judge. I. Introduction/Procedural History Currently pending before this Court is defendant, University of Pittsburgh's ("University") renewed motion to dismiss the amended complaint because of plaintiff's failure to exhaust her administrative remedies (doc. no. 100). Pro se plaintiff, Marina Karakozonva, Ph.D., initiated this employment discrimination action on April 17, 2009, alleging tha... WEST PENN ALLEGHENY HEALTH SYSTEM, INC., Plaintiff, v. UPMC and Highmark, Inc., Defendants. , W.D.Pa., October 29, 2009 Alexander G. Bomstein, Barak A. Bassman, Barbara W. Mather, Barbara T. Sicalides, Emmett M. Hogan, James T. Giles, Daniel J. Boland, Pepper Hamilton LLP, Philadelphia, PA, Andrew K. Fletcher, Pepper Hamilton, Pittsburgh, PA, for Plaintiff. David Reichenberg, Jonathan M. Jacobson, Wilson, Sonsini, Goodrich and Rosati P.C., New York, NY, Nilam A. Sanghvi, Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, Paul H. Titus, Schnader, Harrison, Segal & Lewis, Daniel I. Booker, Jeffrey J. Bresch... Thomas McKEON v. Commonwealth of PENNSYLVANIA, et al. , E.D.Pa., October 29, 2009 MEMORANDUM AND ORDER JAN E. DuBOIS, District Judge. Plaintiff, an inmate at the State Correctional Institution at Mahanoy (SCI-Mahanoy), seeks to bring a civil action in forma pauperis, [FN1] without prepayment of fees or security therefor, asserting claims pursuant to 42 U.S.C. § 1983. The Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (April 26, 1996) (the "Act"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners who are attem... GREENKEEPERS, INC. and Greenkeepers of Delaware, LLC v. NIKE, INC. and Macneill Engineering Company, Inc. , E.D.Pa., October 29, 2009 Denise C. Lane-White, Blank Rome LLP, Washington, DC, Grant S. Palmer, Blank Rome Comisky & McCauley, Jason A. Snyderman, Victor M. Wigman, Joel L. Dion, Lewis Wayne Schlossberg, Blank Rome LLP, Philadelphia, PA, for Plaintiffs. Jack C. Schecter, Julia Huston, Keith E. Toms, Kerry L. Timbers, Kimberly J. Seluga, Meredith L. Ainbinder, Peter J. Karol, Bromberg & Sunstein LLP, Boston, MA, Abraham C. Reich, Theodore H. Jobes, Fox Rothschild O'Brien & Frankel LLP, Philadelphia, PA, for Defendant... CERTAINTEED CORPORATION, Plaintiffs v. NICHIHA USA, INC. and Bruno C. Demey, Defendants. , E.D.Pa., October 29, 2009 M. Kelly Tillery, Christopher D. Olszyk, Jr., Pepper Hamilton LLP, Philadelphia, PA, for Plaintiffs. George M. Vinci, Jr., John T. Asher, III, Spector Gadon & Rosen P.C., Philadelphia, PA, Lisa H. Cassilly, Alston & Bird LLP, Warren R. Hall, Jr., W.R. Hall LLC, Atlanta, GA, Anne R. Myers, Gregory S. Hyman, Kaufman, Dolowich, Voluck & Gonzo, LLP, Blue Bell, PA, for Defendants. MEMORANDUM OPINION STENGEL, District Judge. Defendant Nichiha USA, Inc. ("Nichiha") and Defendant Bruce Demey fil... The STEAK UMM COMPANY, LLC, Plaintiff v. STEAK 'EM UP, INC., Defendant. , E.D.Pa., October 29, 2009 Katie M. Gaughan, Kevin W. Goldstein, Stradley, Ronon, Stevens & Young, LLP, Malvern, PA, for Plaintiff. Robert A. McKinley, Klehr Harrison, Philadelphia, PA, for Defendant. MEMORANDUM STENGEL, District Judge. The defendant in this case, Steak 'Em Up, Inc., filed a motion to strike the complaint filed by plaintiff The Steak Umm Company, LLC. Steak Umm is a company that manufactures, advertises, and sells Steak-Umm steak sandwich meat and hamburgers as part of frozen sandwich food kits... Roy BAKER v. HOME DEPOT # 4101, et al. , E.D.Pa., October 29, 2009 MEMORANDUM ONEILL, District Judge. Plaintiff filed a complaint in the Court of Common Pleas for Philadelphia County alleging six claims against eight different defendants including United Rentals, Inc., which removed the case to this Court in August 2009. Presently before me is plaintiff's motion to remand this case to the Court of Common Pleas and defendants' response in opposition thereto. For the following reasons, I will grant plaintiff's motion to remand. BACKGROUND Plaintiff is... John DOE, et al v. Kenneth SCHNEIDER, et al. , E.D.Pa., October 29, 2009 Kenneth William Richmond, Richmond & Hevenor, Philadelphia, PA, for Plaintiffs. Richard A. Sprague, Thomas E. Groshens, Sprague and Sprague, Victoria M. Komarnicki, Bennett, Bricklin & Saltzburg, Philadelphia, PA, for Defendants. MEMORANDUM OPINION GOLDBERG, District Judge. Plaintiffs, John Doe (hereinafter, "Doe") and his wife Jane Doe (hereinafter, "Wife"), have instituted this action against Defendants, Kenneth Schneider (hereinafter, "Schneider"), Bernard Schneider, Marjorie Schneid... Carl W. UKASIK, Plaintiff, v. T. Colm McWILLIAMS, Patrick John Melody, Ann Stevens, Bar & Restaurant Services, LLC, Celtic Restaurants, LLC, Erie Irish Pubs, LLC, Harrisburg Irish Pubs, LLC, Molly Brannigans-Erie, Molly Brannigans USA, LLC, Molly B, W.D.Pa., October 29, 2009 MEMORANDUM WILLIAM L. STANDISH, District Judge. I. INTRODUCTION In his second amended complaint, Plaintiff, Carl W. Ukasik, asserts claims against Defendants, T. Colm McWilliams ("McWilliams"), Patrick John Melody ("Melody"), Ann Stevens ("Stevens"), Bar & Restaurant Services, LLC, Celtic Restaurants, LLC, Erie Irish Pubs, LLC, Harrisburg Irish Pubs, LLC, Molly Brannigans-Erie, Molly Brannigans USA, LLC, Molly Brannigans-Pittsburgh, Squirrel Hill Irish Pubs, LLC, Summerlin Irish Pubs, LLC, Mo... RANGE RESOURCES-APPALACHIA, LLC, Plaintiff, v. BLAINE TOWNSHIP, Defendant. , W.D.Pa., October 29, 2009 OPINION AND ORDER OF THE COURT AMBROSE, District Judge. Synopsis Plaintiff Range Resources--Appalachia, LLC ("Range") commenced this action seeking injunctive and declaratory relief, as well as damages, against Defendant Blaine Township (the "Township") on the grounds that certain ordinances and a resolution passed by the Township purporting to strip Range of its constitutional rights and assessing fees against Range for its activities within the Township are unconstitutional. By opinion and o... Mary Ann CIARLONE, Irene Lora, Orazio Gerbino and Anne Baez, Plaintiffs, v. CITY OF READING, Thomas McMahon, Ryan Hottenstine, Brad Reinhart, Jatinder Singh Khokar, and James Orrs, Defendants. , E.D.Pa., October 28, 2009 Brian C. Legrow, Paul J. Toner, Law Offices of Vincent B. Mancini & Assoc., Media, PA, for Plaintiffs. Andrew B. Adair, Deasey Mahoney Valentini North, Ltd., Media, PA, for Defendants. MEMORANDUM HENRY S. PERKIN, United States Magistrate Judge. Currently in this civil rights action is the Motion to Quash a Subpoena and for Protective Order filed on behalf of the Honorable Wallace S. Scott, a Berks County Pennsylvania Magisterial District Judge. For the reasons stated below, the Motion to... Matthew PHELAN, Petitioner v. SCI MERCER, et al., Respondent. , E.D.Pa., October 28, 2009 ORDER PAUL DIAMOND, District Judge. Petitioner Matthew Phelan objects to the Magistrate's recommendation that I deny his habeas corpus petition. 28 U.S.C. § 2254. I will overrule Petitioner's counseled objections and adopt the Magistrate's Report and Recommendation. Background In May 2005, Petitioner was convicted by a jury in the Lehigh County Common Pleas Court of theft by unlawful taking, receiving stolen property, access device fraud, and criminal conspiracy. See Commonwealth v. Phelan... Carl Quillion LEACH, Petitioner, v. Michael D. KLOPOTOSKI, et al., Respondents. , W.D.Pa., October 28, 2009 MEMORANDUM and ORDER MITCHELL, United States Magistrate Judge. Carl Quillion Leach, an inmate at the State Correctional Institution at Dallas has presented a petition for a writ of habeas corpus which he has been granted leave to prosecute in forma pauperis. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability will be denied. Leach is presently serving a life sent... Alyson J. KIRLEIS, Plaintiff, v. DICKIE, McCAMEY & CHILCOTE, P.C., Defendant. , W.D.Pa., October 28, 2009 MEMORANDUM OPINION RE: DEFENDANT'S PHASE ONE MOTION FOR SUMMARY JUDGMENT ON THRESHOLD EMPLOYMENT STATUS ISSUE (DOC. NO. 130) ARTHUR J. SCHWAB, District Judge. I. INTRODUCTION AND BACK GROUND A. Introduction Plaintiff Alyson J. Kirleis is an equity Class A Shareholder/Director at defendant law firm, Dickie, McCamey & Chilcote, PC ("DMC" or "the Firm"), a Pennsylvania professional corporation. The relationship between Shareholders of DMC and the corporation are defined by its By-Laws, pursuant ... Cathy McCLEASE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , E.D.Pa., October 28, 2009 Memorandum YOHN, District Judge. Cathy McClease appeals the denial of her claim for Social Security Disability Insurance benefits ("DIB") and Supplemental Security Income ("SSI") by the Commissioner of Social Security. She seeks judicial review pursuant to 42 U.S.C. § 1383(c)(3) and § 405(g) of the Social Security Act. I referred the matter to a magistrate judge, who submitted a report and recommendation recommending that I affirm the Commissioner's decision to deny McClease disability benefi... Michael W. LATTYAK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Pa., October 28, 2009 MEMORANDUM OPINION ARTHUR J. SCHWAB, District Judge. I. Introduction Plaintiff, Michael W. Lattyak, brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) of the Social Security Act, seeking review of the final determination of the Commissioner of Social Security ("Commissioner") denying his application for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Consistent with the customary practice in the Western District of Pennsylvania, the parties have ... Vita MONESTERSKY, Plaintiff, v. THE UNIONTOWN HOSPITAL, and United States of America, Defendants. , W.D.Pa., October 28, 2009 MEMORANDUM ORDER NORA BARRY FISCHER, District Judge. Re: Defendant The Uniontown Hospital's Motions in Limine regarding evidence of increased risk of harm (Docket No. 66) This matter is before the Court on Defendant The Uniontown Hospital's ("Defendant Hospital") Motion in Limine to Preclude Plaintiff from Introducing any Evidence concerning increased risk of harm. (Docket No. 66). Upon consideration of the Motion and supporting Brief (Docket Nos. 66 and 67), as well as Plaintiff's Response (... Arthur C. RUPERT, Linda K. Austin, Larry L. Campbell, Kenneth J. Hunt and Wade C. Bittner, individually and on behalf of all others similarly situated, Plaintiffs, v. PPG INDUSTRIES, INC., Defendant. Arthur C. Rupert, Linda K. Austin, Larry L. Cam, W.D.Pa., October 28, 2009 MEMORANDUM ORDER DENYING DEFENDANT'S "MOTION FOR JUDGMENT ON THE PLEADINGS AS TO COUNT I OF AMENDED COMPLAINT (DOC. 13)" (DOC. NO. 266). ARTHUR J. SCHWAB, District Judge. Before the Court is defendant PPG Industries, Inc.'s ("PPG" 's) "Motion for Judgment on the Pleadings As to Count I of Amended Complaint (Doc. 13)." (Doc. No. 266). PPG seeks Judgment as to Count I of the Amended Complaint which alleges a class-based, pattern-orpractice disparate treatment age discrimination claim under the ... Hema BURKE, Plaintiff v. HEMLOCK FARMS COMMUNITY ASSOCIATION, Defendant. , M.D.Pa., October 28, 2009 MEMORANDUM THOMAS I. VANASKIE, District Judge. Plaintiff, Hema Burke, brought this action against neighboring land owner Hemlock Farms Community Association ("Hemlock") based on damages sustained to her property as a result of flooding caused by inadequate drainage on Hemlock's property. Plaintiff's three-count complaint alleges entitlement to damages based on theories of negligence, trespass, and nuisance. Defendant has filed a motion for summary judgment. (Dkt.23.) [FN1] Because there are ... John P. HOLLINGSWORTH, James A. Hollingsworth, and Kenneth E. Hollingsworth, Plaintiffs v. RANGE RESOURCESoAPPALACHIA, LLC, Defendant. , M.D.Pa., October 28, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court are plaintiffs' objections (Doc. 18) to the report and recommendation of Magistrate Judge Thomas M. Blewitt (Doc. 17) that defendant's motion to dismiss (Doc. 6) be granted and that plaintiffs' complaint be dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The matter is fully briefed and ripe for disposition. BACKGROUND Plaintiffs John P. Hollingsworth, James A. Hollingsworth, and Kenneth E. Hollingswor... CUMIS INSURANCE SOCIETY, INC., as Subrogee of St. Albert the Great Federal Credit Union, Plaintiff, v. Tara GIBSON a/k/a Tara Shialabba and Ronald Shialabba, Defendants. , W.D.Pa., October 28, 2009 ORDER OF COURT DENYING DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT (DOC. NO. 8) ARTHUR J. SCHWAB, District Judge. After careful consideration of Defendants' Motion to Dismiss Amended Complaint (Doc. No. 8), their Brief in Support and Plaintiff's Brief in Opposition, the Court will deny the motion. Defendants seek to miss the Amended Complaint for various reasons: Count 1 fails to state a cause of action under Pennsylvania law, and instead appears to be a premature effort to satisfy a Bank... UNITED STATES of America v. Isaiah Luther MERCER, a/k/a "Lovey", Defendant. , W.D.Pa., October 28, 2009 MEMORANDUM OPINION AND ORDER McLAUGHLIN, SEAN J., District Judge. Presently pending before the Court are the following documents filed by Defendant, Isaiah Luther Mercer: (1) Motion to Reduce Term of Imprisonment [Doc. No. 35]; (2) Motion to Modify an Imposed Term of Imprisonment Pursuant to Title 18 § 3582 [Doc. No. 36]; and (3) a letter dated September 14, 2009, which the Court has construed as a Motion to Modify Sentence [Doc. No. 40]. For the reasons set forth below, the Motions will be d... Robert W. BARR, JR., Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak), Defendant. , E.D.Pa., October 28, 2009 MEMORANDUM AND ORDER TUCKER, District Judge. Presently before this Court are Defendant's Motion to Transfer Venue (Doc. 6) and Plaintiff's Response thereto. For the reasons set forth below, the Court will deny Defendant's Motion. BACKGROUND Plaintiff filed this matter pursuant to the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq. It is alleged that Plaintiff suffered a back injury while working for Defendant in Delaware on May 22, 2006. Plaintiff, a resident of Middl... Daniel DOUGHERTY v. Jeffrey BEARD, et al. , E.D.Pa., October 28, 2009 MEMORANDUM JUAN R. SANCHEZ, District Judge. On October 6, 2000, Daniel Dougherty was sentenced to death for killing his two sons by setting fire to his house while the boys slept. At his trial, an Assistant Fire Marshal for the Philadelphia Fire Department, John Quinn, testified the fire was intentionally set based on his interpretation of physical evidence at the scene. Quinn also testified Dougherty's recitation of the circumstances surrounding the fire was not credible. Dougherty's trial c... Keith SINGLETON, Plaintiff, v. Lyndall MEDEARIS, Jr., et al., Defendants. , E.D.Pa., October 28, 2009 MEMORANDUM and ORDER JOYNER, District Judge. Before the Court are Defendants' Motions to Dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Fed.R.Civ.P. 12(f). (Doc. Nos. 14 and 15.) Plaintiff's responses to both Defendants are also before the Court. (Doc. Nos. 18 and 19.) For the reasons set forth in the following memorandum, we will grant in part and deny in part. Background Plaintiff Keith Singleton ("Plaintiff") filed his Complaint against Defendants Lyndall C. Medearis... Wayne P. RUBENSTEIN, et al. v. DOVENMUEHLE MORTGAGE, INC., et al. , E.D.Pa., October 28, 2009 Max L. Lieberman, Max L. Lieberman & Associates, Fort Washington, PA, for Wayne P. Rubenstein, et al. John V. Donnelly, III, Cozen O'Connor, Philadelphia, PA, for Dovenmuehle Mortgage, Inc., et al. MEMORANDUM DALZELL, District Judge. Plaintiffs Wayne and Vicki Rubenstein assert various claims, largely based on an alleged breach of contract, against defendants Matrix Financial Services Corporation ("Matrix") and Dovenmuehle Mortgage Company, Inc. ("Dovenmuehle"), owner and servicer, and s... Masoud SOROUSH v. Tyron B. ALI, et al. , E.D.Pa., October 28, 2009 Leon W. Silverman, Stein & Silverman PC, Philadelphia, PA, for Masoud Soroush. Alan J. Tauber, Levant, Martin & Tauber, P.C., Phiadelphia, PA, for Tyron B. Ali. MEMORANDUM O'NEILL, District Judge. Plaintiff brought claims against defendants alleging fraud and breach of contract arising out of a series of loans made by plaintiff to defendant. Presently before me is defendants' motion to stay these proceedings until the pending criminal investigation of the underlying events has been c... Jeanne PHILLIPS, Administratrix of the Estate of Mark Phillips, Deceased, Plaintiff, v. NORTHWEST REGIONAL COMMUNICATIONS, Daniel Nussbaum, Danielle Tush, and Brian Craig, Defendants. , W.D.Pa., October 27, 2009 John D. Perkosky, Michael A. Murphy, Philip A. Ignelzi, Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, for Plaintiff. Alan E. Johnson, Scott G. Dunlop, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Defendants. MEMORANDUM WILLIAM L. STANDISH, District Judge. Michael Michalski shot and killed his girlfriend, Gretchen Ferderbar, her new boyfriend, Mark Phillips, and her sister Linda at the Ferderbar residence in a suburb of Pittsburgh, Pennsylvania, on October 29, 2003. ... Jamil GANDY, Petitioner v. David DIGUGLIELMO, et al, Respondents. , E.D.Pa., October 27, 2009 ORDER BERLE M. SCHILLER, District Judge. AND NOW, this 26 day of Oct, 2009, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Jacob P. Hart, and objections thereto IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The petition for a writ of habeas corpus is DENIED; and 3. There is no basis for the issuance of a certificate of appealabi... In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION. This document relates to: Brunetta Adams v. Wyeth, et al. , E.D.Pa., October 27, 2009 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO 8331 BARTLE, Chief Judge. Before the court is the motion of the plaintiff, Brunetta Adams, to remand this case to the 19th Judicial District Court for the Parish of East Baton Rouge, Louisiana on the ground that complete diversity of citizenship is lacking. Wyeth removed this case to the Middle District of Louisiana pursuant to 28 U.S.C. §§ 1332 and 1441. The Judicial Panel on Multidistrict Litigation subsequently transferred it to this cour... Alonza BAKER, Jr., et al., Plaintiffs, v. CITY OF PHILADELPHIA, et al., Defendants. , E.D.Pa., October 27, 2009 Gregg L. Zeff, The Law Office of Gregg L. Zeff, Mt. Laurel, NJ, Mark B. Frost, Frost & Zeff, Philadelphia, PA, for Plaintiffs. David S. Fryman, Alexandra Bak-Boychuk, Stephanie Kay Deiger, Ballard Spahr Andrews & Ingersoll, LLPP, Patricia A. Siemiontkowski, City of Philadelphia Law Dept., Philadelphia, PA, for Defendants. MEMORANDUM SCHILLER, District Judge. Plaintiffs Alonza Baker, Jr., Gregory K. Jenkins, Roderick K. Washington, John H. McNeil, Jr., and Ernest L. Greenwood, Jr. initiat... Aaron WILLIAMS, Plaintiff, v. Guard Bryant FIELDS, Barry Jones, Sergeant Coates, Guard Hughes, C/O Lackey, Louis Giorla, Prison Health Services, and City of Philadelphia, Defendants. , E.D.Pa., October 27, 2009 Memorandum and Order JOYNER, District Judge. Presently before the Court is Prison Health Service's Motion for Summary Judgment (Doc. No. 20), Plaintiff's Response in Opposition (Doc. No. 26) and Defendant's Reply thereto (Doc. 29). For the reasons set forth below, the Court grants the Motion. Background Plaintiff Aaron Williams, a state prisoner proceeding pro se, alleges in his Complaint that he did not receive proper medical treatment for injuries he received while he was incarcerated at ... Malik Abuhamid IBM Wakil ABDUNAFI, Petitioner v. UNITED STATES of America, Respondent. , M.D.Pa., October 27, 2009 MEMORANDUM JAMES M. MUNLEY, District Judge. Before the court for disposition is Malik Abuhamid Ibm Wakil Abdunafi motion to vacate, set aside or correct sentence. The matter has been fully briefed and is ripe for disposition. Background On November 17, 2008, after a five-day trial, a jury found defendant guilty of the following drug trafficking and conspiracy charges: 1) conspiracy to distribute and possess with intent to distribute heroin, cocaine, cocaine base (crack) and marijuana in vi... Robert M. BOURNE, Plaintiff v. LANCASTER COUNTY PRISON, et al., Defendants. , E.D.Pa., October 27, 2009 MEMORANDUM YOHN, District Judge. Plaintiff Robert M. Bourne sues the Lancaster County Prison ("LCP"), LCP Warden, Vincent Guarini, and former LCP Mental Health Counselor, Troy Waltz, pursuant to 42 U.S.C. § 1983 and Pennsylvania law, seeking damages and other relief for alleged violations of his rights during his incarceration at LCP. For his § 1983 claims, plaintiff alleges that all three defendants are liable because Waltz used excessive force against him and he was denied access to outdoor... Gregorio DISTAJO, Jr. v. PNC BANK, N.A. , E.D.Pa., October 27, 2009 Gregorio Distajo, Jr., Bensalem, PA, pro se. Maureen P. Fitzgerald, Eckert Seamans Cherin & Mellott LLC, Philadelphia, PA, for PNC Bank. MEMORANDUM PADOVA, District Judge. Plaintiff Gregorio Distajo commenced this employment discrimination action against Defendant PNC Bank, N.A. ("PNC") after PNC terminated him from a job at one of its branches. PNC has filed a Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 8(a)(2) and 12(b)(6). For the following rea... Christopher DAVIS, Plaintiff, v. Stephen B. MALITZKI, Jr., Individually and in his Official Capacity as a Detective in the Bethlehem Township Police Department, Bethlehem Township and John Does 1-10, Defendants. , E.D.Pa., October 27, 2009 Matthew B. Weisberg, Rebecca Steiger, Prochniak & Weisberg P.C., Morton, PA, for Plaintiff. Christine E. Munion, Law Offices William J. Ferren & Associates, Blue Bell, PA, for Defendants. MEMORANDUM HENRY S. PERKIN, United States Magistrate Judge. Before the Court is the Motion of Defendants Stephen B. Malitzki, Jr. and Bethlehem Township ("Moving Defendants") to Dismiss portions of Plaintiff's Second Amended Complaint filed on July 7, 2009, and Plaintiff's Response to the Motion filed o... Commonwealth of PENNSYLVANIA v. Frankie G. BURTON. , E.D.Pa., October 26, 2009 Frankie G. Burton, Houtzdale, PA, Pro Se. MEMORANDUM On April 3, 2007, Petitioner filed a "Petition Seeking the Abeyance of Stay in the Above Matter on Appeal in the Lower Court. [FN1]" On April 13, 2007, this Court granted Petitioner provisional leave to proceed in forma pauperis. The Court also placed this matter in civil suspense because Petitioner stated that his State court remedies were not exhausted. The matter was stayed pending disposition of Petitioner's State court proceedings or fu... UNITED STATES of America, v. Gerald TILLMAN, Defendant. , W.D.Pa., October 26, 2009 Gregory J. Nescott, United States Attorney's Office, Pittsburgh, PA, for Plaintiff. Mark A. Sindler, Pittsburgh, PA, for Defendant. MEMORANDUM AND ORDER GARY L. LANCASTER, Chief Judge. Defendant Gerald Tillman moves the court to suppress any reference during trial to an April 8, 2005, stop that resulted in the seizure of $19,000 in cash from his vehicle. [Doc. No. 88]. Defendant has standing to present this motion. The principal issues presented by the motion are whether the stop was law... Mary Kathleen KIRBY, Plaintiff, v. J.C. PENNEY CORPORATION, INC., Defendant. , W.D.Pa., October 26, 2009 Samuel J. Cordes, Christine T. Elzer, Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, for Plaintiff. Gregory M. Bair, J. C. Penney Corporation, Inc. Legal Department, Plano, TX, Martin J. Saunders, Jackson Lewis, LLP, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION AND ORDER OF COURT TERRENCE F. McVERRY, District Judge. Presently before the Court is PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF EEOC FINDINGS AND CORRESPONDENCE (Docket entry number 27), and the DEFENDANT'S RESPONSE... Kristian L. HODGE, Petitioner, v. Michael KLOPOTOSKI, [FN1] Superintendent, SCI-Dallas, the District Attorney of Allegheny County, and the Attorney General of Pennsylvania, Respondents. FN1. James Wynder ("Wynder"), the former Superintendent, W.D.Pa., October 26, 2009 Kristian L. Hodge, Dallas, PA, pro se. Rusheen R. Pettit, Office of the District Attorney, Pittsburgh, PA, for Respondents. MEMORANDUM OPINION LISA PUPO LENIHAN, United States Magistrate Judge. Petitioner Kristian L. Hodge ("Hodge"), a prisoner incarcerated at the State Correctional Institution in Dallas, Pennsylvania ("SCI-Dallas"), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Commonwealth of Pennsylvania contends that the petition should be denied,... Thalia ALEXIOU v. Angelo MOSHOS. , E.D.Pa., October 26, 2009 MEMORANDUM AND ORDER ELIZABETH T. HEY, United States Magistrate Judge. In this diversity contract action, Plaintiff Thalia Alexiou seeks contract and other damages against Defendant Angelo Moshos. Thalia and Angelo were sister and brother-in-law, because Thalia was married to Angelo's brother Lazaros Moshos. [FN1] Thalia alleges that Angelo breached an agreement dated September 15, 2004 (the "September Agreement"), pursuant to which Angelo loaned money to Thalia and Lazaros to buy a property ... Thomas J. GRECO, Plaintiff, v. YELLOWPAGES.COM, LLC, and Bank of America, Inc., Defendants. , M.D.Pa., October 26, 2009 MEMORANDUM ORDER A. RICHARD CAPUTO, District Judge. Before me is Plaintiff's Motion for Remand (Doc. 5). It turns on whether or not consent was required of Defendant, YellowPages.com, LLC ("Yellow Pages"), in order to effectuate removal under 28 U.S.C. § 1446(b). Because Laurie v. Nat'l R.R. Passenger Corp., 2001 WL 34377958 (E.D.Pa., March 13, 2001) correctly states the applicable law, namely, that a defendant is "required to obtain consent only from those defendants who it knew, or should h... Hozay ROYAL, Petitioner, v. COMMONWEALTH PLEAS COURT OF PHILADELPHIA, et al., Respondents. , E.D.Pa., October 26, 2009 ORDER EDUARDO C. ROBRENO, District Judge. AND NOW, this 23rd day of October 2009, upon consideration of the Report and Recommendation of United States Magistrate Judge Jacob P. Hart (doc. no. 24) and Petitioner's objections thereto (doc. no. 25), it is hereby ORDERED as follows: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Petitioner's objections to the Report and Recommendation are OVERRULED; 3. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, (doc. ... GELT FINANCIAL CORPORATION v. PERFORMANCE INSURANCE COMPANY OF NEW JERSEY and Costello & Associates Insurance Group, Inc. , E.D.Pa., October 26, 2009 MEMORANDUM AND ORDER THOMAS N. O'NEILL, JR., District Judge. Plaintiff brings claims against defendants for breach of contract, bad faith and negligence arising out of defendants' alleged failure to notify plaintiff that insurance coverage on plaintiff's property would be discontinued. This Court's jurisdiction is premised on 28 U.S.C. § 1332. [FN1] Presently before me is defendant Performance's motion to transfer venue to New Jersey or in the alternative to dismiss. For the following re... Vincent HATCHER, Petitioner, v. David DiGUGLIELMO, et al., Respondents. , E.D.Pa., October 26, 2009 Vincent Hatcher, Graterford, PA, pro se. Anne Palmer, Philadelphia District Attorneys Office, Philadelphia, PA, for Respondents. MEMORANDUM JONES, District Judge. I. Procedural History On March 6, 2002, Vincent Hatcher (hereinafter "Petitioner"), pled guilty in the Philadelphia Court of Common Pleas, to murder generally and related charges for the shooting death of Devon Jacobs on October 7, 2001. Petitioner was represented by Charles Peruto, Jr ., Esquire, who requested a degree-of-guil... Ralph William McCLAIN, JR., Plaintiff, v. Sgt ALVERIAZ, Lt. Doyle, C.O. Shovlin, C.O. Huesby, C.O. Severa, C .O. Sanchez, Dr. Fishtein, and John Does # 1-3. , E.D.Pa., October 26, 2009 Ralph William Mcclain, Jr., Pittsburgh, PA, pro se. Anthony P. Venditti, Pa. Office of Attorney General, Joseph Goldberg, Tamara Lin Rudow, Wendi D. Barish, Weber Gallagher Simpson Stapleton Fires & Newby LLP, for Sgt. Alveriaz. MEMORANDUM RONALD L. BUCKWALTER, Senior District Judge. Currently pending before the Court is: (1) a Motion for Judgment on the Pleadings or, in the Alternative, for Summary Judgment, filed by Defendant Mark Fishtein, M.D.; (2) a Motion for Judgment on the Plead... Gordian NDUBIZU, Plaintiff, v. DREXEL UNIVERSITY, et al., Defendants. , E.D.Pa., October 26, 2009 MEMORANDUM OPINION DAVID R. STRAWBRIDGE, United States Magistrate Judge. I. INTRODUCTION Presently before the Court is "Plaintiff's Motion to Amend the First Amended Complaint" ("Motion") filed by Plaintiff Gordian Ndubizu on August 1, 2009 (Doc. 60), the timely responses filed by Defendants (Doc. 61) on August 11, 2009, and Plaintiff's reply (Doc. 72). The motion seeks leave to file a second amended complaint adding claims of promissory estoppel and fraud. (Pl. Mot. at 4.) Plaintiff filed hi... Donald R. HULL, Plaintiff v. Capt. LEGGET; Capt. Trempus; Sci-Fayette's Security Teams; Superintendent Coleman; Nichoson, Deputy Superintendent, Defendants. , W.D.Pa., October 26, 2009 Donald R. Hull, Labelle, PA, pro se. ORDER NORA BARRY FISCHER, District Judge. AND NOW, this 26th day of October, 2009, after the Plaintiff, Donald R. Hull, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until October 9, 2009, to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge'... Harold S. WISER, Plaintiff, v. ARCHER DANIELS MIDLAND COMPANY, Agrinational Insurance Company, American Alternative Insurance Corporation, Agriserve, Inc. d/b/a Asi-Agriserve Inc., d/b/a Agriserve Insurance, Inc., Defendants. , W.D.Pa., October 26, 2009 Alexander H. Lindsay, Jr., Lindsay, Jackson & Martin, Butler, PA, for Plaintiff. Dennis J. Kusturiss, Vuono & Gray Pittsburgh, PA, for Defendants. OPINION MAURICE B. COHILL, JR., Senior District Judge. Pending before the Court is Plaintiff Harold Wiser's "Motion to Stay the Trial of the Action Pursuant to 9 U.S.C.A. § 3" ("Motion to Stay") [Doc. # 20]. Defendants oppose the Motion to Stay and have filed a Response to Plaintiff's Motion to Stay [Doc. # 21]. For the reasons set forth below... In re NUTRISYSTEM, INC. DERIVATIVE LITIGATION. This document relates to: All Actions. , E.D.Pa., October 26, 2009 Craig W. Smith, George C. Aguilar, Robbins Umeda & Fink LLP, San Diego, CA, for James Fetzner. Marc J. Sonnenfeld, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Michael J. Hagan, Thomas F. Connerty, James D. Brown, Bruce Blair, Ian J. Berg, Michael A. Dipiano, Warren V. Musser, Robert F. Bernstock. Karen Pieslak Pohlmann, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Michael J. Hagan, Thomas F. Connerty, James D. Brown, Bruce Blair, Ian J. Berg, Brian P. Tierney, Michael A. Dipia... QUINN CONSTRUCTION, INC. v. SKANSKA USA BUILDING, INC., et al. , E.D.Pa., October 26, 2009 MEMORANDUM AND ORDER McLAUGHLIN, Judge. This action concerns a dispute over the construction of Skirkanich Hall at the University of Pennsylvania ("Penn"). Skanska USA Building Inc. ("Skanska"), one of the defendants, was the general contractor on the Skirkanich Hall project. Plaintiff Quinn Construction Inc. ("Quinn") was a subcontractor. Quinn has filed a motion to compel the production of a report by one of Skanska's non-testifying experts on the ground that the report was provided to, and... Willie ARMSTEAD v. John PALOKOVICH, et al. , E.D.Pa., October 23, 2009 Willie Armstead, Camp Hill, PA, pro se. David Curtis Glebe, Office of the District Attorney, Philadelphia, PA, for John Palokovich, The District Attorney of the County Philadelphia and The Attorney General of the State of Pennsylvania. ORDER J. CURTIS JOYNER, District Judge. AND NOW, this 21st day of October, 2009, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge David... In Re LE-NATURE'S INC. Marc S. Kirschner, solely in his capacity as the Liquidation Trustee of the Le- Nature's Liquidation Trust, Plaintiff, v. Wachovia Captial Markets, LLC, et al., Defendants. , W.D.Pa., October 23, 2009 Christine A. Alvarez, Christopher P. Johnson, David S. Rosner, Kim Conroy, Michael M. Fay, Kasowitz, Benson, Torres & Friedman LLP, New York, NY, George T. Snyder, Richard O. Earley, Roy E. Leonard, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, for Plaintiff. Garland S. Cassada, Heyward H. Bouknight, Katherine G. Maynard, Pearlynn G. Houck, Robert W. Fuller, Robinson Bradshaw & Hinson, P.A., Sarah Coble, Charlotte, NC, Arthur H. Stroyd, Jr., Matthew T. Logue, Del Sole Cavanaugh S... In the Matter of the Petition of Brian VRATORIC and Ellen Vratoric, Petitioners. , W.D.Pa., October 23, 2009 Brian Vratoric, McKees Rocks, PA, pro se. Ellen Vratoric, McKees Rocks, PA, pro se. MEMORANDUM ORDER TERRENCE F. McVERRY, District Judge. This matter is before the Court on the PETITION TO PERPETUATE TESTIMONY FED.R.CIV. 27(a) filed by Petitioners, Brian Vratoric and Ellen Vratoric. For the foregoing reasons, the petition is denied. This is a pre-action petition in which Petitioners seek to perpetuate the testimony of Michael P. Foley, a police officer with the Stowe Township Police D... Michael BUTCHER, Plaintiff, v. DRAVO CORP., et al., Defendants. , W.D.Pa., October 23, 2009 OPINION LENIHAN, United States Magistrate Judge. Currently before the Court for disposition is Price Inland's Motion for Summary Judgment (Doc. No. 143) as to the Dravo parties' contractual indemnity claims against it. I. STATEMENT OF RELEVANT FACTS As the Court writes only for the parties, and the facts have been previously set forth at length in the Court's Opinion dated March 25, 2009 (Doc. No. 123), only those facts relevant to the pending motion will be set forth here. The relevant... Lawrence MALAR, Plaintiff, v. DELAWARE COUNTY, and Walter R. Omlor, Jr., Defendants. , E.D.Pa., October 23, 2009 MEMORANDUM SITARSKI, United States Magistrate Judge. Currently pending before the Court is a Motion for Summary Judgment filed by Defendants Delaware County, and Walter R. Omlor, Jr. ("Defendants"). For the following reasons, the Motion will be GRANTED. I. FACTUAL BACKGROUND Plaintiff, Lawrence Malar, was arrested by the Chester Police Department, in the City of Chester, Delaware County on June 9, 2005, and charged with possession of a controlled substance. [FN1]See Def. Stat. in Supp. of ... PINE GROVE MANUFACTURED HOMES, Plaintiff, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Defendant, Indiana Lumbermens Mutual Insurance Company, Third-Party Plaintiff, v. Chamberlin & Reinheimer Insurers, Inc., Third-Party Defendant. , M.D.Pa., October 23, 2009 MEMORANDUM A. RICHARD CAPUTO, District Judge. Presently before the Court is the Motion of Third-Party Defendant Chamberlin & Reinheimer Insurers, Inc. ("CRI") to Strike or, in the alternative, Dismiss the Third-Party Complaint of Defendant/Third-Party Plaintiff Indiana Lumbermens Mutual Insurance Company ("ILM"). (Doc. 28.) This Court will deny CRI's motion to strike. It will also grant the motion to dismiss on the issue of indemnification and deny the motion to dismiss on the issue of contri... Kimberly A. SOTO, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Pa., October 23, 2009 Thomas D. Sutton, Leventhal Sutton & Gornstein, Trevose, PA, for Plaintiff. Eda Giusti, Social Security Administration, Philadelphia, PA, for Defendant. ORDER THOMAS M. GOLDEN, District Judge. AND NOW, this 22nd day of October, 2009, upon careful review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice entered September 29, 2009, and Defendant having filed no objections by the October 21, 2009 deadline, it is hereby ORDERED that: 1. The Report and Reco... In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION. This document relates to: Carrie Richards, Administratrix of the Estate of Winona Neal, v. Wyeth, et al. , E.D.Pa., October 23, 2009 Leonard Danley, Sr., Danley & Associates, PC, Douglasville, GA, for Carrie Richards. Richard G. Tisinger, Jr., Tisinger Tisinger Vance & Greer, Carrollton, GA, M. Scott Bailey, Huff Powell & Bailey, Stephen Mann Brooks, Nelson Mullins Riley & Scarborough LLP, Atlanta, GA, for Wyeth, et al. MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 8327 BARTLE, Chief Judge. Before the court is the motion of Wyeth [FN1] to enforce the Diet Drug Nationwide Class Action Settlement Agreement ("Se... In re DIET DRUGS (PHENTERMINE/FENFLURAMINE/DEXFENFLURAMINE) PRODUCTS LIABILITY LITIGATION. This Document Relates to: Anthony Smith, et al. v. American Home Products Corporation, et al. , E.D.Pa., October 23, 2009 MEMORANDUM IN SUPPORT OF SEPARATE PRETRIAL ORDER NO. 8328 BARTLE, Chief Judge. Before the court is the motion of Wyeth [FN1] and Indevus Pharmaceuticals, Inc. ("Indevus") [FN2] for summary judgment against Annie Mitchell and Debbie Easterly, the only remaining plaintiffs in the above- captioned action. Wyeth and Indevus maintain that summary judgment in their favor and against plaintiffs is appropriate because Ms. Mitchell and Ms. Easterly attempt to establish Diet Drug usage based on a hig... Jeremy Joseph PAHULA v. Michael M. BOUSHELL, et al. , E.D.Pa., October 23, 2009 Jeremy Joseph Pahula, Camp Hill, PA, pro se. ORDER TIMOTHY J. SAVAGE, District Judge. AND NOW, this 22nd day of October, 2009, it is ORDERED as follows: 1. The application to proceed in forma pauperis (Document No. 1) is DENIED WITHOUT PREJUDICE; 2. If plaintiff files with the Clerk within twenty (20) days from the date of this Order a certified copy of his inmate trust fund account statement for the six-month period preceding the filing of his complaint and obligates himself to pay the ... Ralph ROMANTINE, Plaintiff, v. CH2M HILL ENGINEERS, INC., Defendant. , W.D.Pa., October 23, 2009 MEMORANDUM ORDER ON PLAINTIFF'S MOTION TO STRIKE LISA PUPO LENIHAN, United States Magistrate Judge. Plaintiff, Ralph Romantine, brings this action against Defendant, CH2M Hill Engineers, Inc. alleging that he was terminated from his employment with Defendant because of his age, in violation of the Age Discrimination in Employment Act. Pending before this court is Plaintiff's motion to strike portions of Defendant's answer as well as all of the affirmative defenses. For the reasons that fol... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com