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

Judge John E. Jones III

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.

Pending before this Court is a Motion to Dismiss Counts IV and V of the Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (“the Motion”), filed by all Defendants1 to this action on April 13, 2007. (Rec. Doc. 15). For the reasons that follow, the Motion will be granted.

Presently before the court are defendant’s motions to suppress evidence (Docs. 23, 30) and motion to suppress identification (Doc. 25). The court held an evidentiary hearing on defendant’s motions on April 9, 2007. (See Doc. 38.) The motions have been fully briefed and are ripe for disposition. For the reasons that follow, the motions will be denied.

Pending before the Court is a Motion for Preliminary Injunction (doc. 2) filed by Plaintiffs John McTernan, Edward D. Snell, John Wood and Luanne Ferguson on January 16, 2007. Within the Motion, Plaintiffs move the Court to enter an injunction against the City of York and its officials and police officers, preventing the City of York from interfering with Plaintiffs’ First Amendment free exercise rights in front of the Planned Parenthood facility located on Beaver Street in the City of York. Plaintiffs also move the Court to enjoin the City of York from enforcing trespass statutes against the Plaintiffs on the handicap ramp that accesses the Planned Parenthood facility.
For the reasons that follow, we shall deny the Motion.

Judge Malachy E. Mannion

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).

Chief Judge Christopher C. Conner

Presently before the court are defendant’s motions to suppress evidence (Docs. 23, 30) and motion to suppress identification (Doc. 25). The court held an evidentiary hearing on defendant’s motions on April 9, 2007. (See Doc. 38.) The motions have been fully briefed and are ripe for disposition. For the reasons that follow, the motions will be denied.

Judge Yvette Kane

In this action Plaintiff Gertha Jones has alleged that Defendants’ termination of her employment and subsequent failure to hire her for two different positions constituted unlawful discrimination on the basis of Plaintiff’s race, age, and disability, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (“ADEA”), and the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”). Now pending before the Court is Defendants’ joint motion for summary judgment. (Doc. No. 29.) For the reasons that follow, the motion will be granted because Plaintiff is estopped from establishing a prima facie element of each of her claims, namely, that she was qualified for any of the jobs in question.

Now before the Court are motions to dismiss indictments in two separate criminal actions: United States v. Kapp and United States v. Duncan. Defendants have moved to dismiss indictments for violations of 18 U.S.C. § 2250, and have separately challenged the applicability and constitutionality of that statute on similar bases. For reasons of judicial economy, the Court will address both motions in a single order. For the reasons that follow, Defendants’ motions will be granted.

Judge A. Richard Caputo

Presently before the Court is Defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). (Doc. 11.) For the reasons set forth below, Defendant’s motion will be granted.

The Court has jurisdiction over this action pursuant to Title 28 of the United States Code, section 1332 (“diversity of citizenship”). Because we are sitting in diversity, the substantive law of Pennsylvania shall apply to the instant case. Chamberlain v. Giampapa, 210 F.3d 154, 158 (3d Cir. 2000) (citing Erie R.R. v. Tompkins, 304 U.S. 64, 78 (1938)).

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