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Opinions

The Middle District of Pennsylvania offers a database of opinions for the years 1999 to 2012, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Chief Judge Christopher C. Conner

Presently before the court is the motion (Doc. 18) of defendant Rashi Abdul Ushery to suppress evidence seized during a warrantless search of the vehicle he was operating on June 24, 2007. The court held an evidentiary hearing on defendant’s motion on November 29, 2007, after which the parties filed supplemental briefs in support of their respective positions. (See Doc. 28 at 1; see also Docs. 30, 31.) The motion has been fully briefed and is ripe for disposition. For the reasons that follow, the motion will be denied.

Presently before the court is defendant’s motion to suppress (Doc. 29) all evidence seized pursuant to a warrant executed on March 5, 2007, in connection with a police investigation of defendant’s brother, Randell Jackson. The court held an evidentiary hearing on defendant’s motion on August 27, 2007 and a supplemental hearing on September 7, 2007. (See Docs. 44, 46.) The motion has been fully briefed and is ripe for disposition. For the reasons that follow, the motion will be denied.

Judge John E. Jones III

Before the Court are cross-motions for summary judgment filed by Plaintiff Westport Insurance Corporation (“Plaintiff” or “Westport”) and Defendants Raymond A. Diehl and Genevieve A. Diehl (“Defendants” or “the Diehls”). These motions have been fully briefed, and the Court has heard oral argument on the issues raised therein. For the reasons set forth below, the Court will grant Westport’s motion (Doc. 50) and deny the Diehls’ motion (Doc. 55).

Before the Court is the motion in limine (Doc. 177) of Defendant Howard Haldeman (“Haldeman”) seeking to preclude Defendant Hearth & Home Technologies, Inc. (“Hearth & Home”) from calling as witnesses at the trial of this matter, or entering into evidence the reports of, certain experts retained by Plaintiffs Penn National Insurance Co. (“Penn National”) and Travelers Property Casualty Company of America (“Travelers”). For the reasons set forth below, Haldeman’s motion in limine shall be denied.

Pending before this Court is a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 (“the Motion”), filed by Defendant Community Medical Center Healthcare System, a/k/a Community Medical Center, Inc., t/d/b/a Community Medical Center Healthcare (“Defendant” or “CMC”) on February 20, 2007. (Rec. Doc. 8). For the reasons that follow, the Motion will be denied.

Judge Yvette Kane

On December 8, 2005, Defendants Terrance Williams and Eric Hayes and fourteen other individuals were named in a thirty-two count indictment alleging a multi-year, nationwide conspiracy to engage in the interstate sex trafficking of women, including juveniles. The indictment also separately charged Defendants with other related crimes.1 As part of its case-in-chief, the Government proposes to call Dr. Sharon W. Cooper as an expert witness to offer opinion testimony in three general areas: (1) the societal and criminal justice implications of prostitution and the sexual exploitation of women; (2) the medical and mental-health aspects of prostitution, including general testimony on victim risk and vulnerability factors and on common methods of grooming and deterrents to escape; (3) and the medical and mental-health impact that life as a prostitute had on certain women involved in this case. (Doc. No. 983; see also Doc. Nos. 949, 949-3.)

Before the Court is an action under the Administrative Procedures Act (“APA”), 5 U.S.C. § 551 et seq., challenging an administrative order of the National Credit Union Administration (“NCUA”). The parties have extensively briefed two issues now before the Court for determination: (1) the standard of review the Court should apply when considering the NCUA’s decision; and (2) the proper scope of discovery. For the reasons that follow, the Court finds that: (1) the challenged action of the NCUA must be reviewed on the merits under the “arbitrary and capricious” standard of § 706(2)(A) and for procedural errors under § 706(2)(D) of the APA; and (2) that the agency’s action must be evaluated based on the administrative record before the Court.

Beginning in 1996, Plaintiff Sherry Wampler worked for the Pennsylvania Department of Labor & Industry. (Compl. ¶ 3.) Wampler suffers from sleep-related medical issues, IgA deficiency,1 asthma, and susceptibility to upper respiratory infections. (Compl. ¶ 7.) On March 27, 1998, Wampler submitted a written request for a modified work schedule to accommodate sleep-related medical issues. (Compl. ¶ 4.) In addition, Wampler took sick leave due to her illnesses. In her complaint, Wampler alleges that Defendant criticized her, discriminated against her, and retaliated against her for taking sick leave. (Compl. ¶¶ 8-10.) Additionally, Wampler alleges that her employment was terminated on February 9, 2006, “for allegedly leaving work early and taking extended lunches.”

Judge Malachy E. Mannion

Felipe Cordova-Lopez is a foreign national subject to deportation to Mexico. On August 8, 2007, this court ordered Felipe Cordova-Lopez to be detained for twenty days as a material witness for the United States. The United States sought Mr. Cordova-Lopez’s testimony in the prosecution against a defendant who was charged with immigration offenses. However, on August 28, 2007, this court dismissed the material witness warrant against Mr. Cordova-Lopez because the defendant entered a guilty plea. As a result, there was no trial and Mr. Cordova-Lopez was never called to testify as a material witness.

On August 20, 2007, Mr. Cordova-Lopez filed the instant motion for material witness fees, arguing that pursuant to 28 U.S.C. § 1821(b) he should be compensated $40 for each day he was detained. (Doc. No. 39). The United States filed its opposition brief on August 30, 2007. (Doc. No. 52). Mr. Cordova-Lopez then filed a brief in support of his motion on August 31, 2007. (Doc. No. 53).

In his complaint the plaintiff alleges that on July 25, 2003 the defendants, all members of the Pennsylvania State Police, violated his civil and constitutional rights when they used excessive and unreasonable force against him after arrest . (Doc. No. 1). Specifically, the plaintiff alleges that while he was in custody, the defendants repeatedly hit, kicked, and threw him against barrack walls in violation of the First, Fourth, and Fourteenth Amendments to the United States Constitution. (Id. ¶¶ 16, 23-25). He also alleges that the defendants deprived him of due process when they took, but never returned, $800 from his person. (Id. ¶¶ 18, 27-29). Finally, the plaintiff alleges that the defendants conspired to deprive him of these rights, and as a result, the plaintiff has suffered substantial injury. (Id. ¶¶ 31-32). Based upon the foregoing, the plaintiff [hereinafter also referred to as Zuder] seeks the return of his $800, together with unspecified damages, punitive damages plus interest, and attorneys’ fees and costs. (Id. pp.7-8).

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